53565 Federal Register / Vol. 69, No. 169 / Wednesday, September 1, 2004 / Rules and Regulations welfare benefit of the annual migratory bird hunting frameworks is on the order of $734 million to $1.064 billion, with a midpoint estimate of $899 million. Copies of the cost/benefit analysis are available upon request from the address indicated under ADDRESSES or from our Web site at www.migratorybirds.gov. Regulatory Flexibility Act These regulations have a significant economic impact on substantial numbers of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). We analyzed the economic impacts of the annual hunting regulations on small business entities in detail as part of the 1981 cost-benefit analysis discussed under Executive Order 12866. This analysis was revised annually from 1990 through 1995. In 1995, the Service issued a Small Entity Flexibility Analysis (Analysis), which was subsequently updated in 1996, 1998, and 2004. The primary source of information about hunter expenditures for migratory game bird hunting is the National Hunting and Fishing Survey, which is conducted at 5-year intervals. The 2004 Analysis was based on the 2001 National Hunting and Fishing Survey and the U.S. Department of Commerce’s County Business Patterns, from which it was estimated that migratory bird hunters would spend between $481 million and $1.2 billion at small businesses in 2004. Copies of the Analysis are available upon request from the address indicated under ADDRESSES or from our Web site at http://www.migratorybirds.gov. Small Business Regulatory Enforcement Fairness Act This rule is a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. For the reasons outlined above, this rule has an annual effect on the economy of $100 million or more. However, because this rule establishes hunting seasons, we do not plan to defer the effective date required by 5 U.S.C. 801 under the exemption contained in 5 U.S.C. 808 (1). Paperwork Reduction Act We examined these regulations under the Paperwork Reduction Act of 1995. We utilize the various recordkeeping and reporting requirements imposed under regulations established in 50 CFR part 20, Subpart K, in the formulation of migratory game bird hunting regulations. Specifically, OMB has approved the information collection requirements of the Migratory Bird Harvest Information Program and assigned clearance number 1018–0015 (expires 10/31/2004). This information is used to provide a sampling frame for voluntary national surveys to improve our harvest estimates for all migratory game birds in order to better manage these populations. OMB has also approved the information collection requirements of the Sandhill Crane Harvest Questionnaire and assigned clearance number 1018–0023 (expires 10/31/ 2004). The information from this survey is used to estimate the magnitude and the geographical and temporal distribution of harvest, and the portion it constitutes of the total population. A Federal agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. Unfunded Mandates Reform Act We have determined and certify, in compliance with the requirements of the Unfunded Mandates Reform Act, 2 U.S.C. 1502 et seq., that this rulemaking will not ‘‘significantly or uniquely’’ affect small governments, and will not produce a Federal mandate of $100 million or more in any given year on local or State government or private entities. Therefore, this rule is not a ‘‘significant regulatory action’’ under the Unfunded Mandates Reform Act. Civil Justice Reform—Executive Order 12988 The Department, in promulgating this rule, has determined that it will not unduly burden the judicial system and that it meets the requirements of sections 3(a) and 3(b)(2) of Executive Order 12988. Government-to-Government Relationship With Tribes In accordance with the President’s memorandum of April 29, 1994, ‘‘Government-to-Government Relations with Native American Tribal Governments’’ (59 FR 22951), Executive Order 13175, and 512 DM 2, we have evaluated possible effects on Federally recognized Indian tribes and have determined that there are no effects. Energy Effects—Executive Order 13211 On May 18, 2001, the President issued Executive Order 13211 on regulations that significantly affect energy supply, distribution, and use. Executive Order 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions. While this rule is a significant regulatory action under Executive Order 12866, it is not expected to adversely affect energy supplies, distribution, or use. Thus, this action is not a significant energy action and no Statement of Energy Effects is required. Takings Implication Assessment In accordance with Executive Order 12630, this rule, authorized by the Migratory Bird Treaty Act (MBTA), does not have significant takings implications and does not affect any constitutionally protected property rights. This rule will not result in the physical occupancy of property, the physical invasion of property, or the regulatory taking of any property. In fact, this rule will allow hunters to exercise otherwise unavailable privileges, and, therefore, it will reduce restrictions on the use of private and public property. Federalism Effects Due to the migratory nature of certain species of birds, the Federal Government has been given responsibility over these species by the MBTA. Annually, we prescribe frameworks from which the States make selections and employ guidelines to establish special regulations on Federal Indian reservations and ceded lands. We develop the frameworks in a cooperative process with the States and the Flyway Councils. This process allows States to participate in the development of frameworks from which they will ultimately make season selections, thereby having an influence on their own regulations. This process preserves the ability of the States and Tribes to determine which seasons meet their individual needs. Further, any State or Tribe may be more restrictive than the Federal frameworks at any time. These rules do not have a substantial direct effect on fiscal capacity, change the roles or responsibilities of Federal or State governments, or intrude on State policy or administration. Therefore, in accordance with Executive Order 13132, these regulations do not have significant federalism effects and do not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. Regulations Promulgation The rulemaking process for migratory game bird hunting must, by its nature, operate under severe time constraints. However, we intend that the public be given the greatest possible opportunity to comment on the regulations. Thus, when the preliminary proposed rulemaking was published, we established what we believed were the longest periods possible for public comment. In doing this, we recognized that when the comment period closed, time would be of the essence. That is, if there was a delay in the effective date VerDate jul<14>2003 14:56 Aug 31, 2004 Jkt 203001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\01SER4.SGM 01SER4 53566 Federal Register / Vol. 69, No. 169 / Wednesday, September 1, 2004 / Rules and Regulations of these regulations after this final rulemaking, the States would have insufficient time to implement their selected season dates and limits and start their seasons in a timely manner. We therefore find that ‘‘good cause’’ exists, within the terms of 5 U.S.C. 553(d)(3) of the Administrative Procedure Act, and these regulations will, therefore, take effect immediately upon publication. Accordingly, with each conservation agency having had an opportunity to participate in selecting the hunting seasons desired for its State or Territory on those species of migratory birds for which open seasons are now prescribed, and consideration having been given to all other relevant matters presented, certain sections of title 50, chapter I, subchapter B, part 20, subpart K, are hereby amended as set forth below. List of Subjects in 50 CFR Part 20 Exports, Hunting, Imports, Reporting and recordkeeping requirements, Transportation, Wildlife. Dated: August 25, 2004. Paul Hoffman, Acting Assistant Secretary for Fish and Wildlife and Parks. I For the reasons set out in the preamble, title 50, chapter I, subchapter B, part 20, subpart K of the Code of Federal Regulations is amended as follows: PART 20—[AMENDED] I 1. The authority citation for part 20 continues to read as follows: Authority: 16 U.S.C. 703–712 and 16 U.S.C. 742 a–j, Pub. L. 106–108. VerDate jul<14>2003 14:56 Aug 31, 2004 Jkt 203001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\01SER4.SGM 01SER4 53567 Federal Register / Vol. 69, No. 169 / Wednesday, September 1, 2004 / Rules and Regulations VerDate jul<14>2003 14:56 Aug 31, 2004 Jkt 203001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4725 E:\FR\FM\01SER4.SGM 01SER4 ER01SE04.000 53568 Federal Register / Vol. 69, No. 169 / Wednesday, September 1, 2004 / Rules and Regulations VerDate jul<14>2003 14:56 Aug 31, 2004 Jkt 203001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4725 E:\FR\FM\01SER4.SGM 01SER4 ER01SE04.001 53569 Federal Register / Vol. 69, No. 169 / Wednesday, September 1, 2004 / Rules and Regulations VerDate jul<14>2003 14:56 Aug 31, 2004 Jkt 203001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4725 E:\FR\FM\01SER4.SGM 01SER4 ER01SE04.002 53570 Federal Register / Vol. 69, No. 169 / Wednesday, September 1, 2004 / Rules and Regulations VerDate jul<14>2003 14:56 Aug 31, 2004 Jkt 203001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4725 E:\FR\FM\01SER4.SGM 01SER4 ER01SE04.003 53571 Federal Register / Vol. 69, No. 169 / Wednesday, September 1, 2004 / Rules and Regulations VerDate jul<14>2003 14:56 Aug 31, 2004 Jkt 203001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4725 E:\FR\FM\01SER4.SGM 01SER4 ER01SE04.004 53572 Federal Register / Vol. 69, No. 169 / Wednesday, September 1, 2004 / Rules and Regulations VerDate jul<14>2003 14:56 Aug 31, 2004 Jkt 203001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4725 E:\FR\FM\01SER4.SGM 01SER4 ER01SE04.005 53573 Federal Register / Vol. 69, No. 169 / Wednesday, September 1, 2004 / Rules and Regulations VerDate jul<14>2003 14:56 Aug 31, 2004 Jkt 203001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4725 E:\FR\FM\01SER4.SGM 01SER4 ER01SE04.006 53574 Federal Register / Vol. 69, No. 169 / Wednesday, September 1, 2004 / Rules and Regulations VerDate jul<14>2003 14:56 Aug 31, 2004 Jkt 203001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4725 E:\FR\FM\01SER4.SGM 01SER4 ER01SE04.007 53575 Federal Register / Vol. 69, No. 169 / Wednesday, September 1, 2004 / Rules and Regulations VerDate jul<14>2003 14:56 Aug 31, 2004 Jkt 203001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4725 E:\FR\FM\01SER4.SGM 01SER4 ER01SE04.008 53576 Federal Register / Vol. 69, No. 169 / Wednesday, September 1, 2004 / Rules and Regulations VerDate jul<14>2003 14:56 Aug 31, 2004 Jkt 203001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4725 E:\FR\FM\01SER4.SGM 01SER4 ER01SE04.009 53577 Federal Register / Vol. 69, No. 169 / Wednesday, September 1, 2004 / Rules and Regulations VerDate jul<14>2003 14:56 Aug 31, 2004 Jkt 203001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4725 E:\FR\FM\01SER4.SGM 01SER4 ER01SE04.010 53578 Federal Register / Vol. 69, No. 169 / Wednesday, September 1, 2004 / Rules and Regulations VerDate jul<14>2003 14:56 Aug 31, 2004 Jkt 203001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4725 E:\FR\FM\01SER4.SGM 01SER4 ER01SE04.011 53579 Federal Register / Vol. 69, No. 169 / Wednesday, September 1, 2004 / Rules and Regulations VerDate jul<14>2003 14:56 Aug 31, 2004 Jkt 203001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4725 E:\FR\FM\01SER4.SGM 01SER4 ER01SE04.012 53580 Federal Register / Vol. 69, No. 169 / Wednesday, September 1, 2004 / Rules and Regulations VerDate jul<14>2003 14:56 Aug 31, 2004 Jkt 203001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4725 E:\FR\FM\01SER4.SGM 01SER4 ER01SE04.013 53581 Federal Register / Vol. 69, No. 169 / Wednesday, September 1, 2004 / Rules and Regulations VerDate jul<14>2003 14:56 Aug 31, 2004 Jkt 203001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4725 E:\FR\FM\01SER4.SGM 01SER4 ER01SE04.014 53582 Federal Register / Vol. 69, No. 169 / Wednesday, September 1, 2004 / Rules and Regulations [FR Doc. 04–19896 Filed 8–31–04; 8:45 am] BILLING CODE 4310–55–P VerDate jul<14>2003 14:56 Aug 31, 2004 Jkt 203001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 E:\FR\FM\01SER4.SGM 01SER4 ER01SE04.015