Delegating Falconry Permitting Authority to 17 States 1018-BA01 Final Rule 78 FR 72830

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(e) Amendments to study plans. Test
sponsors must submit all amendments
by the method specified in § 790.5(b).
■ 38. In § 790.55, revise paragraph (a) to
read as follows:
§ 790.55 Modification of test standards or
schedules during conduct of test.

(a) Application. Any test sponsor who
wishes to modify the test schedule for
the mandatory testing conditions or
requirements (i.e., ‘‘shall statements’’) in
the test standard for any test required by
a test rule must submit an application
in accordance with this paragraph.
Application for modification must be
made by the method specified in
§ 790.5(b). Applications must include an
appropriate explanation and rationale
for the modification. Where a test
sponsor requests EPA to provide
guidance or to clarify a non-mandatory
testing requirement (i.e., ‘‘should
statements’’) in a test standard, the test
sponsor must submit these requests to
EPA by the method format specified in
§ 790.5(b).
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■ 39. In § 790.62, revise paragraph (c)(4)
to read as follows:
§ 790.62 Submission of study plans and
conduct of testing.

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(c) * * *
(4) The test sponsor shall submit any
amendments to study plans to EPA
using the method specified in § 790.5(b).
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■ 40. In § 790.68, revise paragraph (b)(1)
to read as follows:
§ 790.68 Modification of consent
agreements.

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(b) * * *
(1) Any test sponsor who wishes to
modify the test schedule for any test
required under a consent agreement
must submit an application in
accordance with this paragraph.
Application for modification must be
made using the method specified in
§ 790.5(b). Applications must include an
appropriate explanation and rationale
for the modification. EPA will consider
only those applications that request
modifications to mandatory testing
conditions or requirements (‘‘shall
statements’’ in the consent agreement).
Where a test sponsor requests EPA to
provide guidance or to clarify a nonmandatory testing requirement (i.e.,
‘‘should statements’’), the test sponsor
shall submit these requests to EPA using
the method specified in § 790.5(b).
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■ 41. In § 790.87, revise paragraph (c) to
read as follows:

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§ 790.87 Approval of exemption
applications.

§ 790.97

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(c)(1) EPA will give exemption
applicants final notice that they have
received a conditional exemption
through one of the following ways:
(i) A final Phase II test rule that
adopts the study plans in a two-phase
rulemaking.
(ii) A separate Federal Register notice
in a single-phase rulemaking.
(iii) A letter by certified mail will give
exemption applicants final notice that
they have received a conditional
exemption.
(2) All conditional exemptions thus
granted are contingent upon the test
sponsors’ successful completion of
testing according to the specifications of
the test rule.
■ 42. In § 790.90, revise paragraph (c)(2)
to read as follows:
§ 790.90 Appeal of denial of exemption
application.

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(c) * * *
(2) Hearing requests must be
submitted using the method specified in
§ 790.5(b) and be received by EPA
within 30 days of receipt of the
Agency’s notification under § 790.88(b).
Hearing requests must provide reasons
why a hearing is necessary.
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■ 43. In § 790.93, revise paragraphs (c)
and (d)(2) to read as follows:
§ 790.93 Termination of conditional
exemption.

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(c) Within 30 days after receipt of a
letter notification or publication of a
notice in the Federal Register that EPA
intends to terminate a conditional
exemption, the exemption holder may
submit information using the method
specified in § 790.5(b) either to rebut
EPA’s preliminary decision or notify
EPA of its intent to conduct the required
test pursuant to the test standard
established in the test rule. Such a letter
of intent shall contain all of the
information required by § 790.45(c).
(d) * * *
(2) Hearing requests must be
submitted using the method specified in
§ 790.5(b) and must be received by EPA
within 30 days after receipt of the letter
or publication in the Federal Register
notice described in paragraph (b) of this
section.
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■ 44. In § 790.97, revise paragraph (a) to
read as follows:

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Hearing procedures.

(a) Hearing requests must be
submitted using the method specified in
§ 790.5(b). Such requests must include
the applicant’s basis for appealing EPA’s
decision.
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PART 799—[AMENDED]
45. The authority citation for part 799
continues to read as follows:

■

Authority: 15 U.S.C. 2603, 2611, and 2625.
■

46. Revise § 799.5 to read as follows:

§ 799.5

Submission of information.

(a) Information (e.g., letters, study
plans, or reports) submitted to EPA
must be submitted using the method
specified in paragraph (b) of this
section. All information submitted
under this part must bear the Code of
Federal Regulations (CFR) section
number of the subject chemical test rule
(e.g., § 799.1053 for trichlorobenzenes).
(b) You must use CISS to complete
and submit all data, reports, and other
information required under this part.
Submissions must be submitted to EPA
via the Central Data Exchange (CDX).
(c) To access CISS go to https://
cdx.epa.gov/ssl/CSPP/
PrimaryAuthorizedOfficial/Home.aspx
and follow the appropriate links and for
further instructions to go http://
www.epa.gov/oppt/chemtest/ereporting/
index.html.
[FR Doc. 2013–28510 Filed 12–3–13; 8:45 am]
BILLING CODE 6560–50–P

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 21
[Docket No. FWS–HQ–MB–2013–0110;
FF09M21200–134–FXMB1231099BPP0]
RIN 1018–BA01

Migratory Bird Permits; Delegating
Falconry Permitting Authority to 17
States
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:

The States of Alabama,
California, Connecticut, Delaware,
Florida, Georgia, Illinois, Louisiana,
Maryland, Minnesota, Nevada, New
York, Rhode Island, South Carolina,
Vermont, West Virginia, and Wisconsin
have requested that we delegate
permitting for falconry to the State, as
provided under our regulations. We
have reviewed regulations and

SUMMARY:

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supporting materials provided by these
States, and have concluded that their
regulations comply with the Federal
regulations. We change the falconry
regulations accordingly. We make
additional changes to the regulations to
remove parts that will no longer be
relevant after December 31, 2013, and,
in one case, to remove contradictory
language, and to correct errors.
DATES: This rule is effective January 1,
2014.
FOR FURTHER INFORMATION CONTACT: Dr.
George T. Allen, 703–358–1825.
SUPPLEMENTARY INFORMATION:
Background
We published a final rule in the
Federal Register on October 8, 2008 (73
FR 59448), to revise our regulations
governing falconry in the United States,
found in title 50 of the Code of Federal
Regulations (CFR) at § 21.29. The
regulations provide that when a State
meets the requirements for operating
under the regulations, falconry
permitting will be delegated to the State.
The States of Alabama, California,
Connecticut, Delaware, Florida, Georgia,
Illinois, Louisiana, Maryland,
Minnesota, Nevada, New York, Rhode
Island, South Carolina, Vermont, West
Virginia, and Wisconsin have submitted
revised falconry regulations and
supporting materials and have requested
to be allowed to operate under the
revised Federal regulations. We have
reviewed the regulations administered
by these States and have determined
that their regulations meet the
requirements of 50 CFR 21.29(b).
According to the regulations at
§ 21.29(b)(4), we must issue a rule to
add a State to the list at § 21.29(b)(10)
of approved States with a falconry
program. Therefore, we change the
Federal regulations accordingly, and a
Federal permit will no longer be
required to practice falconry in any
State with its own falconry regulations
beginning January 1, 2014.
In addition, we remove paragraphs
(b)(4)(i) and (ii) from § 21.29. Those
paragraphs deal with review of State
regulations changes and examination
changes. The provisions in them are
provided by the succeeding paragraphs.
We remove other paragraphs that will
no longer be relevant because all States
with falconry permitting have
transitioned to operation under the
current federal falconry regulations.
Administrative Procedure
In accordance with section 553 of the
Administrative Procedure Act (5 U.S.C.
551 et seq.), we issue this final rule
without prior opportunity for public

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comment. Under the regulations at 50
CFR 21.29(b)(1)(ii), the Director of the
U.S. Fish and Wildlife Service (Service)
must determine if a State, tribal, or
territorial falconry permitting program
meets Federal requirements. When the
Director makes this determination, the
Service is required by regulations at 50
CFR 21.29(b)(4) to publish a rule in the
Federal Register adding the State, tribe,
or territory to the list of those approved
for allowing the practice of falconry. On
January 1st of the calendar year
following publication of the rule, the
Service will terminate Federal falconry
permitting in any State certified under
the regulations at 50 CFR 21.29.
This is a ministerial and
nondiscretionary action that must be
enacted promptly to enable the subject
States to assume all responsibilities of
falconry permitting by January 1, 2014,
the effective date of this regulatory
amendment. Further, the relevant
regulation at 50 CFR 21.29 governing
the transfer of permitting authority to
these States has already been subject to
public notice and comment procedures.
Therefore, in accordance with 5 U.S.C.
553(b)(3)(B), we did not publish a
proposed rule in regard to this
rulemaking action because, for good
cause as stated above, we found prior
public notice and comment procedures
to be unnecessary.
Required Determinations
Regulatory Planning and Review
(Executive Orders 12866 and 13563)
Executive Order 12866 provides that
the Office of Management and Budget’s
Office of Information and Regulatory
Affairs (OIRA) will review all significant
rules. OIRA has determined that this
rule is not significant.
Executive Order 13563 reaffirms the
principles of E.O. 12866 while calling
for improvements in the nation’s
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.

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Regulatory Flexibility Act (5 U.S.C. 601
et seq.)
Under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq., as amended by the
Small Business Regulatory Enforcement
Fairness Act (SBREFA) of 1996 (Pub. L.
104–121), whenever an agency is
required to publish a notice of
rulemaking for any proposed or final
rule, it must prepare and make available
for public comment a regulatory
flexibility analysis that describes the
effect of the rule on small entities (that
is, small businesses, small
organizations, and small government
jurisdictions). However, no regulatory
flexibility analysis is required if the
head of an agency certifies the rule will
not have a significant economic impact
on a substantial number of small
entities.
SBREFA amended the Regulatory
Flexibility Act to require Federal
agencies to provide the statement of the
factual basis for certifying that a rule
will not have a significant economic
impact on a substantial number of small
entities.
We have examined this rule’s
potential effects on small entities as
required by the Regulatory Flexibility
Act, and have determined that this
action will not have a significant
economic impact on a substantial
number of small entities. This rule
delegates authority to States that have
requested it, and those States have
already changed their falconry
regulations. This rule does not change
falconers’ costs for practicing their
sport, nor does it affect businesses that
provide equipment or supplies for
falconry. Consequently, we certify that,
because this rule will not have a
significant economic effect on a
substantial number of small entities, a
regulatory flexibility analysis is not
required.
This rule is not a major rule under the
SBREFA (5 U.S.C. 804(2)). It will not
have a significant economic impact on
a substantial number of small entities.
a. This rule does not have an annual
effect on the economy of $100 million
or more. There are no costs to
permittees or any other part of the
economy associated with this
regulations change.
b. This rule will not cause a major
increase in costs or prices for
consumers, individual industries,
Federal, State, or local government
agencies, or geographic regions. The
practice of falconry does not
significantly affect costs or prices in any
sector of the economy.
c. This rule will not have significant
adverse effects on competition,

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employment, investment, productivity,
innovation, or the ability of U.S.-based
enterprises to compete with foreignbased enterprises. Falconry is an
endeavor of private individuals. Neither
regulation nor practice of falconry
significantly affects business activities.
Unfunded Mandates Reform Act
In accordance with the Unfunded
Mandates Reform Act (2 U.S.C. 1501 et
seq.), we have determined the following:
a. This rule will not ‘‘significantly or
uniquely’’ affect small governments in a
negative way. A small government
agency plan is not required. The 17
States affected by this rule applied for
the authority to issue permits for the
practice of falconry.
b. This rule will not produce a
Federal mandate of $100 million or
greater in any year. It is not a
‘‘significant regulatory action’’ under
the Unfunded Mandates Reform Act.
Takings
In accordance with E.O. 12630, the
rule does not have significant takings
implications. A takings implication
assessment is not required. This rule
does not contain a provision for taking
of private property.
Federalism
This rule does not have sufficient
Federalism effects to warrant
preparation of a Federalism assessment
under E.O. 13132. The States being
delegated authority to issue permits to
conduct falconry have requested that
authority. No significant economic
impacts are expected to result from the
State regulation of falconry.
Civil Justice Reform
In accordance with E.O. 12988, the
Office of the Solicitor has determined
that the rule does not unduly burden the
judicial system and meets the
requirements of sections 3(a) and 3(b)(2)
of the Order.

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Paperwork Reduction Act
We examined this rule under the
Paperwork Reduction Act of 1995, and
it does not contain any new collections
of information that require OMB
approval. OMB has approved the
information collection requirements of
the Migratory Bird Permits Program and
assigned OMB control number 1018–
0022, which expires February 28, 2014.
Information from the collection is used
to document take of raptors from the
wild for use in falconry and to
document transfers of raptors held for
falconry between permittees. A Federal
agency may not conduct or sponsor and
a person is not required to respond to

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a collection of information unless it
displays a currently valid OMB control
number.
National Environmental Policy Act
We evaluated the environmental
impacts of the changes to these
regulations, and determined that this
rule does not have any environmental
impacts. Within the spirit and intent of
the Council on Environmental Quality’s
regulations for implementing the
National Environmental Policy Act
(NEPA), and other statutes, orders, and
policies that protect fish and wildlife
resources, we determined that these
regulatory changes do not have a
significant effect on the human
environment.
In accordance with the Department of
the Interior Manual at 516 DM 8.5, we
conclude that the regulatory changes are
categorically excluded because they
‘‘have no or minor potential
environmental impact.’’ No more
comprehensive NEPA analysis of the
regulations change is required.
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 potential effects on Federally
recognized Indian Tribes and have
determined that this rule will not
interfere with Tribes’ ability to manage
themselves or their funds or to regulate
falconry on Tribal lands.
Energy Supply, Distribution, or Use
E.O. 13211 requires agencies to
prepare Statements of Energy Effects
when undertaking certain actions.
Because this rule only affects the
practice of falconry in the United States,
it is not a significant regulatory action
under E.O. 12866, and will not
significantly affect energy supplies,
distribution, or use. Therefore, this
action is not a significant energy action
and no Statement of Energy Effects is
required.
Environmental Consequences of the
Action
Socioeconomic. This action will not
have discernible socioeconomic
impacts.
Raptor populations. This rule will not
change the effects of falconry on raptor
populations. We have reviewed and
approved the State regulations.
Endangered and threatened species.
This rule does not change protections
for endangered and threatened species.

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Compliance with Endangered Species
Act Requirements
Section 7 of the Endangered Species
Act (ESA) of 1973, as amended (16
U.S.C. 1531 et seq.), requires that ‘‘The
Secretary [of the Interior] shall review
other programs administered by him
and utilize such programs in
furtherance of the purposes of this
chapter’’ (16 U.S.C. 1536(a)(1)). It
further states that the Secretary must
‘‘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’’ (16 U.S.C. 1536(a)(2)).
Delegating falconry permitting authority
to States with approved programs will
not affect threatened or endangered
species or their habitats in the United
States.
List of Subjects in 50 CFR Part 21
Exports, Hunting, Imports, Reporting
and recordkeeping requirements,
Transportation, Wildlife.
For the reasons stated in the
preamble, we amend subpart C of part
21, subchapter B of chapter I, title 50 of
the Code of Federal Regulations, as
follows:
PART 21—MIGRATORY BIRD PERMITS
1. The authority citation for part 21
continues to read as follows:

■

Authority: 16 U.S.C. 703–12.

2. Amend § 21.29 by:
a. Removing paragraph (b)(1)(ii) and
redesignating paragraph (b)(1)(iii) as
paragraph (b)(1)(ii);
■ b. Removing paragraphs (b)(2), (b)(11),
and (b)(12) and redesignating
paragraphs (b)(3) through (b)(10) as
paragraphs (b)(2) through (b)(9);
■ c. Revising newly redesignated
paragraph (b)(3) by removing paragraphs
(b)(3)(i) and (b)(3)(ii);
■ d. Revising newly redesignated
paragraphs (b)(4) introductory text,
(b)(4)(i), (b)(5)(i), and (b)(9); and
■ e. Revising the first sentence of
paragraph (f)(11)(i) by removing the
comma after the word ‘‘falconry’’ and
the words ‘‘if you have a Special
Purpose Abatement permit’’.
■
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§ 21.29 Falconry standards and falconry
permitting.

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(b) * * *
(4) Review of a State, tribal, or
territorial falconry program. We may
review the administration of an
approved State’s, tribe’s, or territory’s
falconry program if complaints from the

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public or law enforcement
investigations indicate the need for a
review or for revisions to the State’s,
tribe’s, or territory’s laws, or falconry
examination. The review may involve,
but is not limited to:
(i) Inspecting falconers’ facilities to
ensure that the facilities standards in
this section are met;
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(i) We may propose to suspend, and
may suspend, the approval of a State,
tribal, or territorial falconry program in
accordance with the procedures in
paragraph (b)(5)(ii) of this section if we
determine that the State, tribe, or
territory has deficiencies in one or more
items in paragraph (b)(4) of this section.
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(9) Standards in effect in your place
of residence. If you live in any State

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except Hawaii, you may practice
falconry as permitted in these
regulations if you have a falconry permit
from your State, tribe, or territory.
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Dated: November 21, 2013.
Michael J. Bean,
Acting Principal Deputy Assistant Secretary
for Fish and Wildlife and Parks.
[FR Doc. 2013–28709 Filed 12–3–13; 8:45 am]
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