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Federal Register / Vol. 86, No. 166 / Tuesday, August 31, 2021 / Rules and Regulations
comments in the July 16 Federal Register 86 FR 37854.

Regulatory Planning and Review Executive Orders 12866 and 13563

Required Determinations
E.O. 12866 provides that the Office of Information and Regulatory Affairs OIRA will review all significant rules.
OIRA has reviewed 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. The Executive order 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 estimates for other species are not quantified due to lack of data. The alternatives are 1 issue restrictive regulations allowing fewer days than those issued during the 2019
20 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 202021 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.

National Environmental Policy Act NEPA Consideration The programmatic document, Second Final Supplemental Environmental Impact Statement:
Issuance of Annual Regulations Permitting the Sport Hunting of Migratory Birds EIS 20130139, filed with the Environmental Protection Agency EPA on May 24, 2013, addresses NEPA 42 U.S.C. 4321 et seq.
compliance by the Service for issuance of the annual framework regulations for hunting of migratory game bird species.
We published a notice of availability in the Federal Register on May 31, 2013
78 FR 32686, and our Record of Decision on July 26, 2013 78 FR 45376.
We also address NEPA compliance for waterfowl hunting frameworks through the annual preparation of separate environmental assessments, the most recent being Duck Hunting Regulations for 202122, with its corresponding March 2021, finding of no significant impact. The programmatic document, as well as the separate environmental assessment, is available on our website at https www.fws.gov/birds/index.php.

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Endangered Species Act Consideration Section 7 of the Endangered Species Act of 1973, as amended 16 U.S.C. 1531
et seq., provides that the Secretary shall insure that any action authorized, funded, or carried out is not likely to jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of critical habitat.
Consequently, we conducted formal consultations to ensure that actions resulting from these regulations would not likely jeopardize the continued existence of endangered or threatened species or result in the destruction or adverse modification of their critical habitat. Findings from these consultations are included in a biological opinion, which concluded that the regulations are not likely to jeopardize the continued existence of any endangered or threatened species.
Additionally, these findings may have caused modification of some regulatory measures previously proposed, and the final frameworks 86 FR 37854; July 16, 2021 reflect any such modifications.
The biological opinion is available from http www.regulations.gov at Docket No. FWSHQMB20200032.

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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. The analysis is available from http
www.regulations.gov at Docket No.
FWSHQMB20200032.
Small Business Regulatory Enforcement Fairness Act This final 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 regulations for hunting seasons, we do not plan to defer the effective date under the exemption contained in 5
U.S.C. 8081.

Regulatory Flexibility Act
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.. 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. 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.

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.. We analyzed
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
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