Federal Register / Vol. 74, No. 100 / Wednesday, May 27, 2009 / Proposed Rules 25209 

and docket number or Regulatory 

Identification Number (RIN) for this 

rulemaking. Note that all comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. 

Please see the Privacy Act section of this 

document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov at any time or to 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION, CONTACT: 

John L. Conklin, Program Manager, 

Locomotive Engineer Certification, U.S. 

Department of Transportation, Federal 

Railroad Administration, Mail Stop 25, 

West Building 3rd Floor West, Room 

W38–208, 1200 New Jersey Avenue, SE., 

Washington, DC 20590 (telephone: 202– 

493–6318); or John Seguin, Trial 

Attorney, U.S. Department of 

Transportation, Federal Railroad 

Administration, Office of Chief Counsel, 

RCC–10, Mail Stop 10, West Building 

3rd Floor, Room W31–217, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590 (telephone: 202–493–6045). 

SUPPLEMENTARY INFORMATION: On April 

14, 2009, the comment period for the 

NPRM reopened for thirty (30) days so 

that FRA could make the public hearing 

transcript available for review and 

comment by the general public, 

interested parties could provide 

additional comments or documents, and 

so interested parties could respond to 

testimony provided at the public 

hearing. A request for an extension of 

that comment period, which closed on 

May 14, 2009, has been filed with the 

FRA. The request alleges that an 

interested party was unable to timely 

comment due to problems accessing the 

hearing transcript. In light of the 

request, FRA is reopening the comment 

period. 

Privacy Act 

FRA wishes to inform all potential 

commenters that anyone is able to 

search the electronic form of all 

comments received into any agency 

docket by the name of the individual 

submitting the comment (or signing the 

comment, if submitted on behalf of an 

association, business, labor union, etc.). 

You may review DOT’s complete 

Privacy Act Statement in the Federal 

Register published on April 11, 2000 

(65 FR 19477–78) or you may visit 

http://www.regulations.gov/search/ 

footer/privacyanduse.jsp. 

Issued in Washington, DC, on May 20, 

2009. 

Grady C. Cothen, Jr., 

Deputy Associate Administrator for Safety 

Standards and Program Development. 

[FR Doc. E9–12156 Filed 5–26–09; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 20 

[FWS-R9-MB-2008-0124; 91200-1231-9BPPL2] 

RIN 1018-AW31 

Migratory Bird Hunting; Supplemental 

Proposals for Migratory Game Bird 

Hunting Regulations for the 2009-10 

Hunting Season; Notice of Meetings 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; supplemental. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), proposed in 

an earlier document to establish annual 

hunting regulations for certain 

migratory game birds for the 2009–10 

hunting season. This supplement to the 

proposed rule provides the regulatory 

schedule, announces the Service 

Migratory Bird Regulations Committee 

and Flyway Council meetings, and 

provides Flyway Council 

recommendations resulting from their 

March meetings. 

DATES: You must submit comments on 

the proposed regulatory alternatives for 

the 2009–10 duck hunting seasons by 

June 26, 2009. Following subsequent 

Federal Register documents, you will be 

given an opportunity to submit 

comments for proposed early-season 

frameworks by July 31, 2009, and for 

proposed late-season frameworks and 

subsistence migratory bird seasons in 

Alaska by August 31, 2009. The Service 

Migratory Bird Regulations Committee 

will meet to consider and develop 

proposed regulations for early-season 

migratory bird hunting on June 24 and 

25, 2009, and for late-season migratory 

bird hunting and the 2010 spring/ 

summer migratory bird subsistence 

seasons in Alaska on July 29 and 30, 

2009. All meetings will commence at 

approximately 8:30 a.m. 

ADDRESSES: You may submit comments 

on the proposals by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• U.S. mail or hand-delivery: Public 

Comments Processing, Attn: 1018- 

AW31; Division of Policy and Directives 

Management; U.S. Fish and Wildlife 

Service; 4401 N. Fairfax Drive, Suite 

222; Arlington, VA 22203. 

We will not accept e-mail 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 below for 

more information). 

The Service Migratory Bird 

Regulations Committee will meet in 

room 200 of the U.S. Fish and Wildlife 

Service’s Arlington Square Building, 

4401 N. Fairfax Dr., Arlington, VA. 

FOR FURTHER INFORMATION CONTACT: Ron 

W. Kokel, U.S. Fish and Wildlife 

Service, Department of the Interior, MS 

MBSP-4107-ARLSQ, 1849 C Street, NW, 

Washington, DC 20240; (703) 358-1714. 

SUPPLEMENTARY INFORMATION: 

Regulations Schedule for 2009 

On April 10, 2009, we published in 

the Federal Register (74 FR 16339) a 

proposal to amend 50 CFR part 20. The 

proposal provided a background and 

overview of the migratory bird hunting 

regulations process, and dealt with the 

establishment of seasons, limits, and 

other regulations for hunting migratory 

game birds under 20.101 through 

20.107, 20.109, and 20.110 of subpart K. 

This document is the second in a series 

of proposed, supplemental, and final 

rules for migratory game bird hunting 

regulations. We will publish proposed 

early-season frameworks in early July 

and late-season frameworks in early 

August. We will publish final regulatory 

frameworks for early seasons on or 

about August 17, 2009, and for late 

seasons on or about September 14, 2009. 

Service Migratory Bird Regulations 

Committee Meetings 

The Service Migratory Bird 

Regulations Committee will meet June 

24-25, 2009, to review information on 

the current status of migratory shore and 

upland game birds and develop 2009–10 

migratory game bird regulations 

recommendations for these species, plus 

regulations for migratory game birds in 

Alaska, Puerto Rico, and the Virgin 

Islands. The Committee will also 

develop regulations recommendations 

for September waterfowl seasons in 

designated States, special sea duck 

seasons in the Atlantic Flyway, and 

extended falconry seasons. In addition, 

the Committee will review and discuss 

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25210 Federal Register / Vol. 74, No. 100 / Wednesday, May 27, 2009 / Proposed Rules 

preliminary information on the status of 

waterfowl. 

At the July 29-30, 2009, meetings, the 

Committee will review information on 

the current status of waterfowl and 

develop 2009–10 migratory game bird 

regulations recommendations for regular 

waterfowl seasons and other species and 

seasons not previously discussed at the 

early-season meetings. In addition, the 

Committee will develop 

recommendations for the 2010 spring/ 

summer migratory bird subsistence 

season in Alaska. 

In accordance with Departmental 

policy, these meetings are open to 

public observation. You may submit 

written comments to the Service on the 

matters discussed. 

Announcement of Flyway Council 

Meetings 

Service representatives will be 

present at the individual meetings of the 

four Flyway Councils this July. 

Although agendas are not yet available, 

these meetings usually commence at 8 

a.m. on the days indicated. 

Atlantic Flyway Council: July 23-24, 

Rodd Charlottetown, Charlottetown, 

Prince Edward Island, Canada. 

Mississippi Flyway Council: July 23- 

24, Holiday Inn – Manitowoc, 

Manitowoc, WI . 

Central Flyway Council: July 22-24, 

Radisson Hotel, Bismarck, ND. 

Pacific Flyway Council: July 24, 

Ramada Portland Airport, Portland, OR. 

Review of Public Comments 

This supplemental rulemaking 

describes Flyway Council recommended 

changes based on the preliminary 

proposals published in the April 10, 

2009, Federal Register. We have 

included only those recommendations 

requiring either new proposals or 

substantial modification of the 

preliminary proposals and do not 

include recommendations that simply 

support or oppose preliminary 

proposals and provide no recommended 

alternatives. Our responses to some 

Flyway Council recommendations, but 

not others, are merely a clarification aid 

to the reader on the overall regulatory 

process, not a definitive response to the 

issue. We will publish responses to all 

proposals and written comments when 

we develop final frameworks. 

We seek additional information and 

comments on the recommendations in 

this supplemental proposed rule. New 

proposals and modifications to 

previously described proposals are 

discussed below. Wherever possible, 

they are discussed under headings 

corresponding to the numbered items 

identified in the April 10 proposed rule. 

Only those categories requiring your 

attention or for which we received 

Flyway Council recommendations are 

discussed below. 

1. Ducks 

Duck harvest management categories 

are: (A) General Harvest Strategy; (B) 

Regulatory Alternatives, including 

specification of framework dates, season 

length, and bag limits; (C) Zones and 

Split Seasons; and (D) Special Seasons/ 

Species Management. 

A. General Harvest Strategy 

Council Recommendations: The 

Mississippi Flyway Council 

recommended that regulations changes 

be restricted to one step per year, both 

when restricting as well as liberalizing 

hunting regulations. 

Service Response: As we stated in the 

April 10 Federal Register, the final 

Adaptive Harvest Management protocol 

for the 2009–10 season will be detailed 

in the early-season proposed rule, 

which will be published in mid-July. 

B. Regulatory Alternatives 

Council Recommendations: The 

Mississippi and Central Flyway 

Councils recommended that regulatory 

alternatives for duck hunting seasons 

remain the same as those used in 2008. 

Service Response: As we stated in the 

April 10 Federal Register, the final 

regulatory alternatives for the 2009–10 

season will be detailed in the earlyseason proposed rule, which will be 

published in mid-July. 

D. Special Seasons/Species 

Management 

i. Special Teal Seasons 

Council Recommendations: The 

Atlantic Flyway Council recommended 

that the number of hunting days during 

the special September teal season in the 

Atlantic Flyway be increased from 9 

consecutive days to 16 consecutive days 

whenever the blue-winged teal breeding 

population exceeds 4.7 million birds. 

vi. Scaup 

Council Recommendations: The 

Mississippi Flyway Council 

recommended that the ‘‘restrictive’’ 

regulatory alternative for scaup in the 

Mississippi Flyway be a 45–day season 

with a 2-bird daily bag limit and a 15– 

day season with 1-bird daily bag limit. 

The Central Flyway Council 

recommended modifying the 

‘‘restrictive’’ regulatory alternative for 

scaup in the Central Flyway to an 

option of a 74–day season with a 1-bird 

daily bag limit, or a 39–day season with 

a 3-bird daily bag limit, or a 39–day 

season with a 2-bird daily bag limit and 

a 35 day season with 1-bird daily bag 

limit. The Council further 

recommended that the ‘‘moderate’’ and 

the ‘‘liberal’’ alternatives remain 

unchanged from last year. 

Service Response: As we detailed in 

the April 10 Federal Register, potential 

changes to the configuration of the 

regulatory packages for scaup for the 

2009–10 season will be discussed at the 

early-season SRC meeting in June 2008 

(see Service Migratory Bird Regulations 

Committee Meetings section above) and 

finalized in the early-season proposed 

rule, which will be published in midJuly. 

4. Canada Geese 

B. Regular Seasons 

Council Recommendations: The 

Mississippi Flyway Council 

recommended that the framework 

opening date for all species of geese for 

the regular goose seasons in Michigan 

and Wisconsin be September 16, 2009. 

9. Sandhill Cranes 

Council Recommendations: The 

Mississippi, Central, and Pacific Flyway 

Councils recommended expanding the 

area open to Mid-continent population 

(MCP) sandhill crane hunting in 

Wyoming to include Johnson and 

Sheridan Counties. 

The Central and Pacific Flyway 

Councils recommended using the 2009 

Rocky Mountain Population (RMP) 

sandhill crane harvest allocation of 

1,939 birds as proposed in the allocation 

formula using the 3–year running 

average. 

The Pacific Flyway Council 

recommended extending the 

experimental, limited hunt for Lower 

Colorado River sandhill cranes in 

Arizona for an additional 3 years. The 

extension is necessary due to difficulties 

initiating the new hunt, which was 

approved by the Service in 2007. 

16. Mourning Doves 

Council Recommendations: The 

Atlantic and Mississippi Flyway 

Councils recommended use of the 

‘‘moderate’’ season framework for States 

within the Eastern Management Unit 

population of mourning doves resulting 

in a 70–day season and 15-bird daily 

bag limit. The daily bag limit could be 

composed of mourning doves and 

white-winged doves, singly or in 

combination. 

The Mississippi and Central Flyway 

Councils recommend the use of the 

standard (or ‘‘moderate’’) season 

package of a 15-bird daily bag limit and 

a 70–day season for the 2009-10 

mourning dove season in the States 

within the Central Management Unit. 

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The Councils also recommended 

reducing the boundary for the Special 

White-winged Dove Area (SSWDA) in 

Texas by removing portions of Jim Hogg 

and northern Starr Counties and 

changing the opening date for dove 

hunting in the South Zone in Texas to 

the Friday nearest September 20, but not 

earlier than September 17. 

The Pacific Flyway Council 

recommended use of the ‘‘moderate’’ 

season framework for States in the 

Western Management Unit (WMU) 

population of mourning doves, which 

represents no change from last year’s 

frameworks. 

18. Alaska 

Council Recommendations: The 

Pacific Flyway Council recommended 

reducing the daily bag limits for brant 

in Alaska from 3 per day with 6 in 

possession to 2 per day with 4 in 

possession. 

20. Puerto Rico 

Council Recommendations: The 

Atlantic Flyway Council recommended 

that Puerto Rico be permitted to adopt 

a 20-bird bag limit for doves in the 

aggregate for the next three hunting 

seasons, 2009–2011. Legally hunted 

dove species in Puerto Rico are the 

Zenaida dove, the white-winged dove, 

and the mourning dove. They also 

recommended that the 20-bird aggregate 

bag limit should include no more than 

10 Zenaida doves and no more than 3 

mourning doves. 

Public Comments 

The Department of the Interior’s 

policy is, whenever practicable, to 

afford the public an opportunity to 

participate in the rulemaking process. 

Accordingly, we invite interested 

persons to submit written comments, 

suggestions, or recommendations 

regarding the proposed regulations. 

Before promulgation of final migratory 

game bird hunting regulations, we will 

take into consideration all comments 

received. Such comments, and any 

additional information received, may 

lead to final regulations that differ from 

these proposals. 

You may submit your comments and 

materials concerning this proposed rule 

by one of the methods listed in the 

ADDRESSES section. We will not 

consider comments sent by e-mail or fax 

or to an address not listed in the 

ADDRESSES section. Finally, we will not 

consider hand-delivered comments that 

we do not receive, or mailed comments 

that are not postmarked, by the date 

specified in the DATES section. 

We will post your entire comment— 

including your personal identifying 

information—on http:// 

www.regulations.gov. Before including 

your address, phone number, e-mail 

address, or other personal identifying 

information in your comment, you 

should be aware that your entire 

comment including your personal 

identifying information may be made 

publicly available at any time. While 

you can ask us in your comment to 

withhold your personal identifying 

information from public review, 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 

hours, at the U.S. Fish and Wildlife 

Service, Division of Migratory Bird 

Management, Room 4107, 4501 North 

Fairfax Drive, Arlington, VA 22203. 

For each series of proposed 

rulemakings, we will establish specific 

comment periods. We will consider, but 

possibly may not respond in detail to, 

each comment. As in the past, we will 

summarize all comments received 

during the comment period and respond 

to them after the closing date in any 

final rules. 

NEPA Consideration 

NEPA considerations are covered by 

the programmatic document ‘‘Final 

Supplemental Environmental Impact 

Statement: Issuance of Annual 

Regulations Permitting the Sport 

Hunting of Migratory Birds (FSES 88- 

14),’’ filed with the Environmental 

Protection Agency on June 9, 1988. We 

published Notice of Availability in the 

Federal Register on June 16, 1988 (53 

FR 22582). We published our Record of 

Decision on August 18, 1988 (53 FR 

31341). In addition, an August 1985 

environmental assessment entitled 

‘‘Guidelines for Migratory Bird Hunting 

Regulations on Federal Indian 

Reservations and Ceded Lands’’ is 

available from the address indicated 

under the caption FOR FURTHER

INFORMATION CONTACT. 

In a notice published in the 

September 8, 2005, Federal Register (70 

FR 53376), we announced our intent to 

develop a new Supplemental 

Environmental Impact Statement for the 

migratory bird hunting program. Public 

scoping meetings were held in the 

spring of 2006, as detailed in a March 

9, 2006, Federal Register (71 FR 12216). 

We have prepared a scoping report 

summarizing the scoping comments and 

scoping meetings. The report is 

available by either writing to the 

address indicated under FOR FURTHER

INFORMATION CONTACT or by viewing on 

our website at http://www.fws.gov/ 

migratorybirds. 

Endangered Species Act Consideration 

Prior to issuance of the 2009–10 

migratory game bird hunting 

regulations, we will comply with 

provisions of the Endangered Species 

Act of 1973, as amended (16 U.S.C. 

1531-1543; hereinafter, the Act), to 

ensure that hunting is not likely to 

jeopardize the continued existence of 

any species designated as endangered or 

threatened, or modify or destroy its 

critical habitat, and is consistent with 

conservation programs for those species. 

Consultations under Section 7 of this 

Act may cause us to change proposals 

in this and future supplemental 

rulemaking documents. 

Executive Order 12866 

The Office of Management and Budget 

has determined that this rule is 

significant and has reviewed this rule 

under Executive Order 12866. A 

regulatory cost-benefit analysis has been 

prepared and is available at http:// 

www.fws.gov/migratorybirds/reports/ 

reports.html or at http:// 

www.regulations.gov. OMB bases its 

determination of regulatory significance 

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 the 

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. 

Clarity of the Rule 

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 the ADDRESSES

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25212 Federal Register / Vol. 74, No. 100 / Wednesday, May 27, 2009 / Proposed Rules 

section. 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. 

Regulatory Flexibility Act 

The 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 the economic 

impacts of the annual hunting 

regulations on small business entities in 

detail as part of the 1981 cost-benefit 

analysis. This analysis was revised 

annually from 1990–95. In 1995, the 

Service issued a Small Entity Flexibility 

Analysis (Analysis), which was 

subsequently updated in 1996, 1998, 

2004, and 2008. The primary source of 

information about hunter expenditures 

for migratory game bird hunting is the 

National Hunting and Fishing Survey, 

which is conducted at 5–year intervals. 

The 2008 Analysis was based on the 

2006 National Hunting and Fishing 

Survey and the U.S. Department of 

Commerce’s County Business Patterns, 

from which it was estimated that 

migratory bird hunters would spend 

approximately $1.2 billion at small 

businesses in 2008. 

Copies of the Analysis are available 

upon request from the address indicated 

under ADDRESSES or from our website at 

http://www.fws.gov/migratorybirds/ 

reports/reports.html or at http:// 

www.regulations.gov. 

Small Business Regulatory Enforcement 

Fairness Act 

This rule is a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

For the reasons outlined above, this rule 

has an annual effect on the economy of 

$100 million or more. 

Paperwork Reduction Act 

We examined these regulations under 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.). The various 

recordkeeping and reporting 

requirements imposed under regulations 

established in 50 CFR part 20, subpart 

K, are utilized in the formulation of 

migratory game bird hunting 

regulations. 

Specifically, OMB has approved the 

information collection requirements of 

our Migratory Bird Surveys and 

assigned control number 1018–0023 

(expires 2/28/2011). This information is 

used to provide a sampling frame for 

voluntary national surveys to improve 

our harvest estimates for all migratory 

game birds in order to better manage 

these populations. 

OMB has also approved the 

information collection requirements of 

the Alaska Subsistence Household 

Survey, an associated voluntary annual 

household survey used to determine 

levels of subsistence take in Alaska, and 

assigned control number 1018–0124 

(expires 1/31/2010). 

A Federal 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. 

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 Reform—Executive Order 

12988 

The Department, in promulgating this 

proposed rule, has determined that this 

proposed rule will not unduly burden 

the judicial system and that it meets the 

requirements of sections 3(a) and 3(b)(2) 

of Executive Order 12988. 

Takings Implication Assessment 

In accordance with Executive Order 

12630, this proposed 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, these rules allow 

hunters to exercise otherwise 

unavailable privileges and, therefore, 

reduce restrictions on the use of private 

and public property. 

Energy Effects—Executive Order 13211 

Executive Order 13211 requires 

agencies to prepare Statements of 

Energy Effects when undertaking certain 

actions. While this proposed rule is a 

significant regulatory action under 

Executive Order 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 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 possible effects on Federallyrecognized Indian tribes and have 

determined that there are no effects on 

Indian trust resources. However, in this 

proposed rule we solicit proposals for 

special migratory bird hunting 

regulations for certain Tribes on Federal 

Indian reservations, off-reservation trust 

lands, and ceded lands for the 2009–10 

migratory bird hunting season. The 

resulting proposals will be contained in 

a separate proposed rule. By virtue of 

these actions, we have consulted with 

Tribes 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 Indian tribe may be more 

restrictive 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 

or administration. Therefore, in 

accordance with Executive Order 13132, 

these regulations do not have significant 

federalism effects and do not have 

sufficient federalism implications to 

warrant the preparation of a Federalism 

Assessment. 

List of Subjects in 50 CFR Part 20 

Exports, Hunting, Imports, Reporting 

and recordkeeping requirements, 

Transportation, Wildlife. 

The rules that eventually will be 

promulgated for the 2009–10 hunting 

season are authorized under 16 U.S.C. 

703–712 and 16 U.S.C. 742 a–j. 

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Federal Register / Vol. 74, No. 100 / Wednesday, May 27, 2009 / Proposed Rules 25213 

Dated: May 16, 2009 

Will Shafroth, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

[FR Doc. E9–12150 Filed 5–26– 09; 8:45 am] 

BILLING CODE 4310-55-S 

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