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Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Rules and Regulations will not impose a cost 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 ReformExecutive Order 12988
The Department, in promulgating this rule, has determined that this rule will not unduly burden the judicial system and that it meets the requirements of sections 3a and 3b2 of E.O. 12988.
Takings Implication Assessment In accordance with E.O. 12630, this rule, authorized by the Migratory Bird Treaty Act, 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, reduce restrictions on the use of private and public property.
Energy EffectsExecutive Order 13211
E.O. 13211 requires agencies to prepare Statements of Energy Effects when undertaking certain actions.
While this rule is a significant regulatory action under E.O. 12866, it is not expected to adversely affect energy supplies, distribution, or use. Therefore, this action is not a significant energy action and no Statement of Energy Effects is required.

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Government-to-Government Relationship With Tribes In accordance with the Presidents memorandum of April 29, 1994, Government-to-Government Relations with Native American Tribal Governments 59 FR 22951, E.O.
13175, and 512 DM 2, we have evaluated possible effects on federally recognized Indian Tribes and have determined that there are no effects on Indian trust resources. We solicited proposals for special migratory bird hunting regulations for certain Tribes on Federal Indian reservations, offreservation trust lands, and ceded lands for the 202122 migratory bird hunting season in the October 9, 2020, proposed rule 85 FR 64097. The resulting proposals were contained in a separate proposed rule published on May 4, 2021
86 FR 23641. By virtue of these actions, we have consulted with Tribes affected by this rule.

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Federalism Effects Due to the migratory nature of certain species of birds, the Federal Government has been given responsibility over these species by the Migratory Bird Treaty Act. We annually prescribe frameworks from which the States make selections regarding the hunting of migratory birds, and we employ guidelines to establish special regulations on Federal Indian reservations and ceded lands. This process preserves the ability of the States and Tribes to determine which seasons meet their individual needs.
Any State or Tribe may be more restrictive than the Federal frameworks at any time. The frameworks are developed 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 make selections, thereby having an influence on their own regulations. 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 E.O. 13132, these regulations do not have significant federalism effects and do not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement.
Review of Public Comments The October 9, 2020, proposed rulemaking 85 FR 64097 opened the public comment period for 202122
migratory game bird hunting regulations. We previously addressed all comments in a July 16, 2021, Federal Register publication 86 FR 37854.
Regulations Promulgation The rulemaking process for migratory game bird hunting, by its nature, operates under a time constraint as seasons must be established each year or hunting seasons remain closed.
However, we intend that the public be provided extensive opportunity for public input and involvement in compliance with Administrative Procedure Act 5 U.S.C. subchapter II
requirements. Thus, when the preliminary proposed rulemaking was published, we established what we concluded were the longest periods possible for public comment and the most opportunities for public involvement. We also provided notification of our participation in multiple Flyway Council meetings, opportunities for additional public review and comment on all Flyway
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Council proposals for regulatory change, and opportunities for additional public review during the SRC meeting.
Therefore, we conclude that sufficient public notice and opportunity for involvement have been given to affected persons.
Further, States need sufficient time to communicate these season selections to their affected publics, and to establish and publicize the necessary regulations and procedures to implement these seasons. Thus, we find that good cause exists, within the terms of 5
U.S.C. 553d3 of the Administrative Procedure Act, and therefore, under authority of the Migratory Bird Treaty Act July 3, 1918, as amended 16
U.S.C. 703711, these regulations will take effect less than 30 days after 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.
Signing Authority The Assistant Secretary for Fish and Wildlife and Parks approved this document and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication electronically as an official document of the Department of the Interior. Shannon Estenoz, Assistant Secretary for Fish and Wildlife and Parks, approved this document on August 10, 2021, for publication.
Maureen D. Foster, Chief of Staff, Office of the Assistant Secretary for Fish and Wildlife and Parks.

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 20MIGRATORY BIRD
HUNTING
1. The authority citation for part 20
continues to read as follows:

Authority: 16 U.S.C. 703 et seq., and 16
U.S.C. 742aj.
Note: The following annual hunting regulations provided for by 20.101 through
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