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Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Rules and Regulations 3 Ways to enhance the quality, utility, and clarity of the information to be collected; and 4 Ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of response.
This final rule is effective immediately upon publication, for the reasons set forth below under Regulations Promulgation. We will, however, accept and consider all public comments concerning the information collection requirements received in response to this final rule. Send your written comments and suggestions on this information collection to the Service Information Collection Clearance Officer, U.S. Fish and Wildlife Service, 5275 Leesburg Pike, MS: PRB JAO/3W, Falls Church, VA
220413803 mail; or Info_Coll@fws.gov email. Please reference OMB Control Number 1018BE34 in the subject line of your comments.
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.

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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.

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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 were published in a separate proposed rule 86 FR 23641, May 4, 2021. Through this process to establish annual hunting regulations, we regularly coordinate with Tribes that are affected by this rule.
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 in its regulations 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
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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.
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 requirements 5 U.S.C.
551 et seq.. Thus, when the preliminary proposed rulemaking was published on October 9, 2020 85 FR 64097, 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 Council proposals for regulatory change, and opportunities for additional public review during the Service Regulations Committee meeting. Therefore, sufficient public notice and opportunity for involvement have been given to affected persons regarding the migratory bird hunting frameworks for the 2021
22 hunting season.
For the reasons cited above, we find that good cause exists, within the terms of the Administrative Procedure Act at 5 U.S.C. 553d3 for these regulations to take effect immediately upon publication.
Accordingly, with each participating Tribe having had an opportunity to participate in selecting the hunting seasons desired for its reservation or ceded 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.
Accordingly, part 20, subchapter B, chapter I of title 50 of the Code of Federal Regulations is amended as follows:

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