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Federal Register / Vol. 86, No. 134 / Friday, July 16, 2021 / Rules and Regulations
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this rule and has determined that this rule is significant because it will have an annual effect of $100 million or more on the economy.
E.O. 13563 reaffirms the principles of E.O. 12866 while calling for improvements in the nations regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. E.O.
13563 directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. E.O. 13563 emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. We have developed this rule in a manner consistent with these requirements.
An economic analysis was prepared for the 202122 season. This analysis was based on data from the 2016
National Survey of Fishing, Hunting, and Wildlife-Associated Recreation National Survey, the most recent year for which data are available see discussion under Regulatory Flexibility Act, below. This analysis estimated consumer surplus for three alternatives for duck hunting regulations. As defined by the U.S. Office of Management and Budget in Circular A4, consumers surplus is the difference between what a consumer pays for a unit of a good or service and the maximum amount the consumer would be willing to pay for that unit. The duck hunting regulatory alternatives are 1 issue restrictive regulations allowing fewer days than those issued during the 202021 season, 2 issue moderate regulations allowing more days than those in alternative 1, and 3 issue liberal regulations similar to the regulations in the 202021
season. For the 202122 season, we chose Alternative 3, with an estimated consumer surplus across all flyways of $270$358 million with a mid-point estimate of $314 million. We also chose Alternative 3 for the 200910 through 202021 seasons. The 202122 analysis is part of the record for this rule and is available at http www.regulations.gov at Docket No. FWSHQMB2020
0032.
Regulatory Flexibility Act The annual migratory bird hunting regulations have a significant economic impact on substantial numbers of small entities under the Regulatory Flexibility Act 5 U.S.C. 601 et seq.. A final regulatory flexibility analysis was
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prepared to analyze the economic impacts of the annual hunting regulations on small business entities.
This analysis is updated annually. The primary source of information about hunter expenditures for migratory game bird hunting is the National Survey, which is generally conducted at 5-year intervals. The 2021 analysis is based on the 2016 National Survey and the U.S.
Department of Commerces County Business Patterns, from which it is estimated that migratory bird hunters will spend approximately $2.2 billion at small businesses in 2021. Copies of the analysis are available upon request from the Division of Migratory Bird Management see ADDRESSES or from http www.regulations.gov at Docket No. FWSHQMB20200032.
Small Business Regulatory Enforcement Fairness Act This rule is a major rule under 5
U.S.C. 8042, the Small Business Regulatory Enforcement Fairness Act.
For the reasons outlined above, this rule will have an annual effect on the economy of $100 million or more.
However, because this rule establishes hunting seasons, which are time sensitive, we do not plan to defer the effective date under the exemption contained in 5 U.S.C. 8081.
Paperwork Reduction Act This rule does not contain any new collection of information that requires approval by the Office of Management and Budget OMB under the Paperwork Reduction Act of 1995 44 U.S.C. 3501
et seq.. OMB has previously approved the information collection requirements associated with migratory bird surveys and the procedures for establishing annual migratory bird hunting seasons under the following OMB control numbers:
10180019, North American Woodcock Singing Ground Survey expires 02/29/2024.
10180023, Migratory Bird Surveys, 50 CFR 20.20 expires 04/30/
2023. Includes Migratory Bird Harvest Information Program, Migratory Bird Hunter Surveys, Sandhill Crane Survey, and Parts Collection Survey.
10180171, Establishment of Annual Migratory Bird Hunting Seasons, 50 CFR part 20 expires 02/
29/2024.
You may view the information collection requests at http
www.reginfo.gov/public/do/PRAMain.
An 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.

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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 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, will 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.
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 de minimis effects on Indian trust resources. We solicited proposals for special migratory bird hunting regulations for certain Tribes on Federal Indian reservations, off-reservation 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 are published in a separate proposed rule. Through this
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