9884 Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Proposed Rules 

changes. You may provide written 

comments as noted in the ADDRESSES

section, regardless of participation in a 

meeting. The consultation sessions and 

contact information are listed below: 

CB conference call: February 27, 2012, 

10 a.m.–12 p.m. EST. 

Call-in number: 888–769–8931. 

Passcode: 3683365. 

Contact: Jan Rothstein at (202) 401– 

5073 or email at: jrothstein@acf.hhs.gov. 

CB conference call: March 2, 2012, 

10 a.m.–12 p.m. EST. 

Call-in number: 888–769–8931. 

Passcode: 3683365. 

Contact: Jan Rothstein at (202) 401– 

5073 or email at: jrothstein@acf.hhs.gov. 

Region II meeting/conference call 

March 15, 2012, 10 a.m.–11:30 a.m. 

EST. 

Contact: Shari Brown at (212) 264– 

2890 or email at: 

Shari.Brown@acf.hhs.gov. 

Region VI meeting/conference call 

March 6, 2012, 10 a.m.–12 p.m. CT. 

Contact: Nanette Bishop at (214) 767– 

5241 or email at: 

nanette.bishop@acf.hhs.gov. 

Region VII meeting/conference call 

February 24, 2012, 1–3 p.m. CT. 

Contact: Rosalyn Wilson at 816–426– 

2262 or email at: 

Rosalyn.wilson@acf.hhs.gov. 

Region X meeting/conference call on 

March 19, 2012, 11 a.m.–1 p.m. PT. 

Contact: Jennifer Zanella at (206) 615– 

2604 or email at: 

Jennifer.zanella@acf.hhs.gov. 

Authority: 42 U.S.C. 620 et seq., 42 U.S.C. 

670 et seq.; 42 U.S.C. 1302. 

Dated: February 7, 2012. 

Bryan Samuels, 

Commissioner, Administration on Children, 

Youth and Families. 

[FR Doc. 2012–3442 Filed 2–17–12; 8:45 am] 

BILLING CODE 4184–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R9–IA–2011–0093; 96300– 

1671–0000–P5] 

RIN 1018–AX96 

Endangered and Threatened Wildlife 

and Plants; Publishing Notice of 

Receipt of Captive-Bred Wildlife 

Registration Applications 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), propose to 

amend the regulations that implement 

the Endangered Species Act (Act) by 

establishing public notice and comment 

procedures for applications to conduct 

certain otherwise prohibited activities 

under the Act that are authorized under 

the Captive Bred Wildlife (CBW) 

regulations. This action would add 

procedural requirements to the 

processing of applications for 

registration under the CBW regulations. 

Notices of receipt of each application 

would be published in the Federal 

Register, and the Service would accept 

public comment on each application for 

30 days. If the registration were granted, 

the Service would publish certain 

findings in the Federal Register. In 

addition, for persons meeting the 

criteria for registering under the CBW 

Program, each registration could remain 

effective for 5 years. 

DATES: We will accept comments 

received or postmarked on or before 

March 22, 2012. 

ADDRESSES: You may submit comments 

by one of the following methods: 

Electronically: Go to the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. In the Enter 

Keyword or ID box, enter FWS–R9–IA– 

2011–0093, which is the docket number 

for this rulemaking. You may submit a 

comment by clicking on ‘‘Send a 

Comment’’. 

By hard copy: Submit by U.S. mail or 

hand-delivery to: Public Comments 

Processing, Attn: FWS–R9–IA–2011– 

0093; Division of Policy and Directives 

Management; U.S. Fish and Wildlife 

Service; 4401 N. Fairfax Drive, MS 

2042–PDM; Arlington, VA 22203. 

We will not accept emails or faxes. 

We will post all comments on http:// 

www.regulations.gov. This generally 

means that we will post any personal 

information you provide us (see the 

Public Comments section at the end of 

SUPPLEMENTARY INFORMATION for further 

information about submitting 

comments). 

FOR FURTHER INFORMATION CONTACT: 

Timothy J. Van Norman, Chief, Branch 

of Permits, Division of Management 

Authority, U.S. Fish and Wildlife 

Service, 4401 N. Fairfax Drive, Suite 

212, Arlington, VA 22203; telephone 

703–358–2104; fax 703–358–2281. If 

you use a telecommunications device 

for the deaf (TDD), call the Federal 

Information Relay Service (FIRS) at 

800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Background 

The Endangered Species Act of 1973, 

as amended (16 U.S.C. 1531 et seq.) 

(Act), and its implementing regulations 

prohibit any person subject to the 

jurisdiction of the United States from 

conducting certain activities unless 

authorized by a permit. These activities 

include take, import, export, and 

interstate or foreign commerce of fish or 

wildlife species listed as threatened or 

endangered under the Act. In the case 

of endangered species, the Service may 

permit otherwise prohibited activities 

for scientific research or enhancement 

of the propagation or survival of the 

species. In the case of threatened 

species, regulations allow permits to be 

issued for the above-mentioned 

purposes, as well as zoological, 

horticultural, or botanical exhibition; 

education; and special purposes 

consistent with the Act. 

In 1979, the Service published the 

Captive-Bred Wildlife (CBW) 

regulations at 50 CFR 17.21(g) (44 FR 

54002, September 17, 1979) to reduce 

Federal permitting requirements and 

facilitate captive breeding of endangered 

and threatened species under certain 

prescribed conditions. Specifically, 

under these regulations, the Service 

promulgated a general permit to 

authorize persons to take; export or 

reimport; deliver, receive, carry, 

transport, or ship in interstate or foreign 

commerce, in the course of a 

commercial activity; or sell or offer for 

sale in interstate or foreign commerce 

endangered or threatened wildlife bred 

in captivity in the United States. 

Qualifying persons and facilities seeking 

such authorization under the 

regulations are required to register with 

the Service. By establishing a more 

flexible management scheme to regulate 

routine activities related to captive 

propagation, these regulations have 

benefited wild populations by, for 

example, increasing sources of genetic 

stock that can be used to bolster or 

reestablish wild populations, decreasing 

the need to take stock from the wild, 

and providing for research 

opportunities. 

The authorization granted under the 

CBW regulations is limited by several 

conditions. These conditions include: 

(1) The wildlife is of a species having 

a natural geographic distribution not 

including any part of the United States 

or the wildlife is of a species that the 

Director has determined to be eligible in 

accordance with 50 CFR 17.21(g)(5); 

(2) The purpose of authorized 

activities is to enhance the propagation 

or survival of the affected species; 

(3) Activities do not involve interstate 

or foreign commerce, in the course of 

commercial activity, with respect to 

nonliving wildlife; 

(4) That each specimen of wildlife to 

be reimported is uniquely identified by 


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Proposed Rules 9885 

a band, tattoo, or other means that was 

reported in writing to an official of the 

Service at a port of export prior to the 

export from the United States; and 

(5) Any person subject to the 

jurisdiction of the United States who 

engages in any of the authorized 

activities does so in accordance with 50 

CFR 17.21(g) and with all other 

applicable regulations. 

The regulations also specify 

application requirements for registration 

that are designed to provide the Service 

with information needed to determine 

whether the applicant has the means of 

enhancing the propagation or survival of 

the affected species. For example, the 

application must include a description 

of the applicant’s experience in 

maintaining and propagating the types 

of wildlife sought to be covered under 

the registration and documentation 

depicting the facilities in which the 

subject wildlife will be maintained. 

Under this proposed rule, the Service 

would amend the CBW regulations to 

provide the public with notice of receipt 

of applications for CBW registration and 

an opportunity to comment on an 

applicant’s eligibility to register under 

the regulations. If we determine that the 

registration should be granted, we will 

notify the public by publishing our 

findings in the Federal Register that 

each registration was applied for in 

good faith, will not operate to the 

disadvantage of the affected species, and 

is consistent with the purposes and 

policy set forth in section 2 of the Act. 

These procedures will apply to both 

original and renewal applications for 

registration, as well as applications for 

amendment of the registration. In 

addition, we will make information 

received as part of each application 

available to the public upon request, 

including, but not limited to, 

information needed to assess the 

eligibility of the applicant such as the 

original application materials, any 

intervening renewal applications 

documenting a change in location or 

personnel, and the most recent annual 

report. 

By incorporating these procedural 

amendments to the CBW regulations, 

the Service intends to increase 

transparency and openness in the CBW 

registration process, consistent with 

Executive Order 13576, ‘‘Delivering an 

Efficient, Effective, and Accountable 

Government,’’ and the Presidential 

Memorandum of January 21, 2009, 

which encourage government agencies 

to establish a system of transparency, 

public participation, and collaboration 

by disclosing information to the public. 

In addition, with these amendments, we 

believe that increased public 

participation in the CBW registration 

process will lead to better decisions by 

assisting the Service in assessing 

whether the applicants are capable of 

enhancing the propagation or survival of 

the species. By incorporating these 

procedures to increase transparency and 

openness in the registration process, 

interested persons’ perceptions of the 

fairness of the registration process will 

improve, as well as their acceptance of 

our ultimate determination as to 

whether the registration should be 

granted. 

Effects of the Proposed Rule 

One of the factors that led to the 

Service establishing the CBW program 

was the desire to avoid permitting 

delays that might hinder the 

propagation of endangered and 

threatened species for conservation 

purposes. The Service receives an 

annual average of 26 applications to 

establish new CBW registrations and 80 

applications to renew already approved 

CBW registrations. Because the ESA 

prohibitions remain in place during the 

initial application process, new 

applicants are unable to carry out 

activities under a CBW registration until 

it is issued. While the publication of the 

receipt of an application under the CBW 

program would increase the processing 

time for the application by 

approximately 35 or 40 days, we do not 

believe that this increase in processing 

time would adversely affect the 

potential CBW registrant’s conservation 

work. In addition, in the event of an 

emergency situation where the health or 

life of a protected species is threatened 

and no reasonable alternative is 

available to the applicant, the Service 

shall waive this 30-day public comment 

period. 

Regulations are already in place (50 

CFR 13.22(c)) that allow for the 

continuation of authorized activities if a 

CBW registrant submits a renewal 

application at least 30 days before the 

expiration of the current CBW 

authorization and the registration is in 

good standing (i.e., annual reports have 

been submitted and the registration is 

not suspended). Provided that the 

current CBW holders submit their 

renewal request at least 30 days before 

the expiration date, the comment period 

would have no impact on their ability 

to carry out previously approved 

activities. The current registration 

would continue to be valid until the 

renewal process, including the 30-day 

comment period, ends and we make a 

final determination. 

The Service will also extend the 

registration period associated with 

approved CBW registrations up to 5 

years, provided that the registrant 

remains in good standing. This increase 

in the registration period from 3 years 

to 5 years will both reduce the 

application renewal burden on CBW 

registrants and reduce the workload on 

the Service to process renewal requests. 

Furthermore, the annual reporting 

requirement will remain in place, and 

because the Service uses these reports to 

monitor CBW registrants, the Service 

does not believe that extending the 

registration period would adversely 

affect the oversight of the CBW program. 

Required Determinations 

Regulatory Planning and Review— 

Executive Order 12866: The Office of 

Management and Budget (OMB) has 

determined that this rule is not 

significant under Executive Order 12866 

(E.O. 12866). OMB bases its 

determination upon the following four 

criteria. 

(a) Whether the rule will have an 

annual effect of $100 million or more on 

the economy or adversely affect an 

economic sector, productivity, jobs, the 

environment, or other units of 

government. 

(b) Whether the rule will create 

inconsistencies with other Federal 

agencies’ actions. 

(c) Whether the rule will materially 

affect entitlements, grants, user fees, 

loan programs, or the rights and 

obligations of their recipients. 

(d) Whether the rule raises novel legal 

or policy issues. 

Regulatory Flexibility Act: Under the 

Regulatory Flexibility Act (as amended 

by the Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996), whenever a Federal 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 (i.e., 

small businesses, small organizations, 

and small government jurisdictions) (5 

U.S.C. 601 et seq.). However, no 

regulatory flexibility analysis is required 

if the head of an agency certifies that the 

rule would not have a significant 

economic impact on a substantial 

number of small entities. Thus, for a 

regulatory flexibility analysis to be 

required, impacts must exceed a 

threshold for ‘‘significant impact’’ and a 

threshold for a ‘‘substantial number of 

small entities’’. See 5 U.S.C. 605(b). 

SBREFA amended the Regulatory 

Flexibility Act to require Federal 

agencies to provide a statement of the 

factual basis for certifying that a rule 

would not have a significant economic 


srobinson on DSK4SPTVN1PROD with PROPOSALS
9886 Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Proposed Rules 

impact on a substantial number of small 

entities. 

The U.S. Small Business 

Administration (SBA) defines a small 

business as one with annual revenue or 

employment that meets or is below an 

established size standard. We expect 

that the majority of the entities involved 

in activities authorized under the CBW 

program would be considered small as 

defined by the SBA. 

This rule would require the Service to 

publish notices in the Federal Register 

announcing the receipt of all CBW 

applications and provide the public 

with a 30-day comment period to 

provide the Service with any relevant 

information about the applicant or their 

operation. In addition, the rule would 

require the Service to publish a notice 

in the Federal Register of specified 

findings for approved registrations. The 

regulatory change is not major in scope 

and would create no financial or 

paperwork burden on the affected 

members of the general public. In fact, 

the extension of the effective period of 

a CBW registration from 3 to 5 years will 

result in a reduction of the paperwork 

burden on the public because of the 

reduced frequency of completing a 

renewal application. 

We, therefore, certify that this 

proposed rule would not have a 

significant economic effect on a 

substantial number of small entities as 

defined under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). A Regulatory 

Flexibility Analysis is not required. 

Accordingly, a Small Entity Compliance 

Guide is not required. 

Small Business Regulatory 

Enforcement Fairness Act: This rule is 

not a major rule under 5 U.S.C. 804(2), 

the Small Business Regulatory 

Enforcement Fairness Act. This 

proposed rule: 

a. Would not have an annual effect on 

the economy of $100 million or more. 

This rule would codify a public noticeand-comment process for the receipt of 

CBW applications and require the 

publication of certain findings for 

registrations granted under the CBW 

regulations. The Service would publish 

no more than two notices in the Federal 

Register, and would require nothing 

from the applicant as far as additional 

cost or paperwork. This rule would not 

have a negative effect on this part of the 

economy. It will affect all businesses, 

whether large or small, the same. There 

is not a disproportionate share of 

benefits for small or large businesses. 

b. Would not cause a major increase 

in costs or prices for consumers; 

individual industries; Federal, State, 

tribal, or local government agencies; or 

geographic regions. This rule would not 

result in an increase in the number of 

applications for registration to conduct 

otherwise-prohibited activities with 

endangered and threatened species. 

c. Would not have any adverse effects 

on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

Unfunded Mandates Reform Act: 

Under the Unfunded Mandates Reform 

Act (2 U.S.C. 1501, et seq.): 

a. This rule would not significantly or 

uniquely affect small governments. A 

Small Government Agency Plan is not 

required. 

b. This rule would not produce a 

Federal requirement of $100 million or 

greater in any year and is not a 

‘‘significant regulatory action’’ under 

the Unfunded Mandates Reform Act. 

Takings: Under Executive Order 

12630, this rule would not have 

significant takings implications. A 

takings implication assessment is not 

required. This rule is not considered to 

have takings implications because it 

allows individuals to register under the 

CBW Registration program when 

issuance criteria are met. 

Federalism: This revision to part 17 

does not contain significant Federalism 

implications. A Federalism Assessment 

under Executive Order 13132 is not 

required. 

Civil Justice Reform: Under Executive 

Order 12988, the Office of the Solicitor 

has determined that this rule does not 

unduly burden the judicial system and 

meets the requirements of subsections 

3(a) and 3(b)(2) of the Order. 

Paperwork Reduction Act: The Office 

of Management and Budget approved 

the information collection in part 17 

and assigned OMB Control Number 

1018–0093, which expires February 28, 

2014. This rule does not contain any 

new information collections or 

recordkeeping requirements for which 

OMB approval is required under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). We 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. 

National Environmental Policy Act 

(NEPA): The Service has determined 

that this action is a regulatory change 

that is administrative and procedural in 

nature. As such, the amendment is 

categorically excluded from further 

NEPA review as provided by 43 CFR 

46.210(i), of the Department of the 

Interior Implementation of the National 

Environmental Policy Act of 1969; final 

rule (73 FR 61292; October 15, 2008). 

No further documentation will be made. 

Government-to-Government 

Relationship with Tribes: Under the 

President’s memorandum of April 29, 

1994, ‘‘Government-to-Government 

Relations with Native American Tribal 

Governments’’ (59 FR 22951; May 4, 

1994) and 512 DM 2, we have evaluated 

possible effects on federally recognized 

Indian Tribes and have determined that 

there are no effects. 

Energy Supply, Distribution, or Use: 

Executive Order 13211 pertains to 

regulations that significantly affect 

energy supply, distribution, and use. 

This rule would not significantly affect 

energy supplies, distribution, and use. 

Therefore, this action is a not a 

significant energy action and no 

Statement of Energy Effects is required. 

Clarity of this Regulation: We are 

required by Executive Orders 12866 and 

12988 and by the Presidential 

Memorandum of June 1, 1998, to write 

all rules in plain language. This means 

that each rule we publish must: 

(a) Be logically organized; 

(b) Use the active voice to address 

readers directly; 

(c) Use clear language rather than 

jargon; 

(d) Be divided into short sections and 

sentences; and 

(e) Use lists and tables wherever 

possible. 

If you feel that we have not met these 

requirements, send us comments by one 

of the methods listed in ADDRESSES. To 

better help us revise the rule, your 

comments should be as specific as 

possible. For example, you should tell 

us the numbers of the sections or 

paragraphs that are unclearly written, 

which sections or sentences are too 

long, the sections where you feel lists or 

tables would be useful, etc. 

Public Comments 

You may submit your comments and 

materials concerning this proposed rule 

by one of the methods listed in 

ADDRESSES. We will not accept 

comments sent by email or fax or to an 

address not listed in ADDRESSES. 

We will post your entire comment— 

including your personal identifying 

information—on http:// 

www.regulations.gov. If you provide 

personal identifying information in your 

written comments, you may request at 

the top of your document that we 

withhold this information from public 

review. However, we cannot guarantee 

that we will be able to do so. 

Comments and materials we receive, 

as well as supporting documentation we 

used in preparing this proposed rule, 

will be available for public inspection 

on http://www.regulations.gov, or by 

appointment, during normal business 


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Proposed Rules 9887 

hours, at the U.S. Fish and Wildlife 

Service; Division of Management 

Authority; 4401 N. Fairfax Drive, Suite 

212; Arlington, VA 22203; telephone, 

(703) 358–2093. 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Reporting and 

recordkeeping requirements, 

Transportation. 

Proposed Regulation Promulgation 

For the reasons given in the preamble, 

we propose to amend part 17, 

subchapter B of chapter I, title 50 of the 

Code of Federal Regulations, as follows: 

PART 17—[AMENDED] 

1. The authority citation for part 17 

continues to read as follows: 

Authority: 16 U.S.C. 1361–1407; 16 U.S.C. 

1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– 

625, 100 Stat. 3500; unless otherwise noted. 

2. Amend § 17.21 by revising 

paragraph (g)(3) to read as follows: 

§ 17.21 Prohibitions. 

* * * * * 

(g) * * * 

(3) Upon receipt of a complete 

application for registration, or the 

renewal or amendment of an existing 

registration, under this section, the 

Service will publish notice of the 

application in the Federal Register. 

Each notice will invite the submission 

from interested parties, within 30 days 

after the date of the notice, of written 

data, views, or arguments with respect 

to the application. All information 

received as part of each application will 

be made available to the public, upon 

request, as a matter of public record at 

every stage of the proceeding, including, 

but not limited to, information needed 

to assess the eligibility of the applicant 

such as the original application, 

materials, any intervening renewal 

applications documenting a change in 

location or personnel, and the most 

recent annual report. 

(i) At the completion of this comment 

period, the Director will decide whether 

to approve the registration. In making 

this decision, the Director will consider, 

in addition to the general criteria in 

§ 13.21(b) of this subchapter, whether 

the expertise, facilities, or other 

resources available to the applicant 

appear adequate to enhance the 

propagation or survival of the affected 

wildlife. Public education activities may 

not be the sole basis to justify issuance 

of a registration or to otherwise establish 

eligibility for the exception granted in 

paragraph (g)(1) of this section. 

(ii) If the Director approves the 

registration, the Service will publish 

notice of the decision in the Federal 

Register that the registration was 

applied for in good faith, that issuing 

the registration will not operate to the 

disadvantage of the species for which 

registration was sought, and that issuing 

the registration will be consistent with 

the purposes and policy set forth in 

section 2 of the Act. 

(iii) Each person so registered must 

maintain accurate written records of 

activities conducted under the 

registration, and allow reasonable access 

to Service agents for inspection 

purposes as set forth in §§ 13.46 and 

13.47 of this chapter. Each person so 

registered must also submit to the 

Director an individual written annual 

report of activities, including all births, 

deaths, and transfers of any type. 

* * * * * 

Dated: February 10, 2012. 

Rachel Jacobsen, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 2012–3878 Filed 2–17–12; 8:45 am] 

BILLING CODE 4310–55–P 


srobinson on DSK4SPTVN1PROD with PROPOSALS