[Federal Register Volume 61, Number 199 (Friday, October 11, 1996)]
[Rules and Regulations]
[Pages 53329-53330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25961]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Subchapter D

RIN 1018-AD72


Removal of Subchapter D; Management of Wildlife Research Areas

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) removes 
Subchapter D, Management of Wildlife Research Areas from Title 50. 
Subchapter D (Part 60) provides special regulations for the Patuxent 
Wildlife Research Center (PWRC). Since the land base of PWRC is managed 
only by the Service as a part of the National Wildlife Refuge System 
and all public use must be compatible with the primary purpose of the 
area, future public use regulations will be published in parts 25-32 of 
title 50. The regulations regarding fishing, contained in this section 
prior to this action, have been relocated. The Service has determined 
that this action is consistent with principles of sound fish and 
wildlife management, and is otherwise in the public interest.

EFFECTIVE DATE: This rule is effective October 11, 1996.

FOR FURTHER INFORMATION CONTACT: Stephen R. Vehrs, Telephone (703) 358-
2397.

SUPPLEMENTARY INFORMATION: This administrative action was not published 
as a proposed rule since it does not increase or decrease protection 
for the unit, or impose any management actions where the public is 
impacted. The Service will manage the unit under the regulations 
contained in Parts 25-32 which are essentially the same, if not 
identical to, those removed here. The PWRC historically was managed in 
partnership with the Service's Research Region, and this organization 
and function recently was reassigned to the National Biological 
Service. The National Wildlife Refuge System (Refuge System) has 
management jurisdiction over the wildlands of the Center. This rule is 
an administrative action to simplify and reduce unnecessary Federal 
regulations.
    For the forgoing reasons, and in accordance with 5 U.S.C. Sec. 
553(b)(3)(B), the Department of the Interior, U.S. Fish and Wildlife 
Service, for good cause finds that notice and opportunity for public 
comment are unnecessary.
    National wildlife refuges generally are closed to hunting and sport 
fishing until opened by rulemaking. Public uses are controlled under 
Parts 25-32 of Title 50 CFR. The Secretary of the Interior (Secretary) 
may open units of the Refuge System to hunting, fishing and other 
public uses upon a determination that such uses are compatible with the 
purpose(s) for which the area was established. The action also must be 
in accordance with provisions of all laws applicable to the areas, must 
be consistent with the principles of sound fish and wildlife 
management, and otherwise must be in the public interest. The Service 
removes Subchapter D, Management of Wildlife Research Areas from Title 
50 CFR.
    The special regulations pertaining to fishing removed by this 
action (50 CFR 60.11) were relocated to (50 CFR 32.39). The Service 
published those regulations as part of a final rule, September 3, 1996 
at 61 FR 46390. This rule is final upon publication. The Service has 
determined that any further delay in the implementation of these refuge 
regulations would not be in the public interest in that it would hinder 
the effective planning and administration of the refuge programs. Delay 
of 30 days would jeopardize the refuge program and thereby lessen the 
management effectiveness of this regulation. Therefore, the Service 
finds good cause to make this rule effective upon publication (5 U.S.C. 
553 (d)(3)).

Statutory Authority

    Patuxent Wildlife Research Center is a unit within the Refuge 
System administered by the Service on behalf of the Secretary. The 
National Wildlife Refuge System Administration Act of 1966, as amended 
(NWRSAA) (16 U.S.C. 668dd), and the Refuge Recreation Act of 1962 (RRA) 
(16 U.S.C. 460k) govern the administration and public use of units of 
the Refuge System. Specifically, Section 4(d)(1)(A) of the NWRSAA 
authorizes the Secretary to permit the use of any areas within the 
Refuge System for any purpose including, but not limited to, hunting, 
fishing, public recreation and accommodations, and access, when the 
Secretary determines that such uses are compatible with the purposes 
for which each unit was established. The Secretary receives additional 
authority from the RRA to administer refuge areas within the Refuge 
System for public recreation as an appropriate incidental or secondary 
use only to the extent that it is practicable and not inconsistent with 
the primary purposes for which the refuges were established.

Paperwork Reduction Act

    The Service has examined this regulation under the Paperwork 
Reduction Act of 1995 and has found it to contain no information 
collection requirements. General regulations in Subchapter C apply to 
all National Wildlife Refuges and the specific regulations for Patuxent 
Wildlife Research Center in Title 50 CFR 32.39 will remain in effect. 
Removal of Part 60 has no impact on what activities are allowed on the 
refuge.

Economic Effect

    This rulemaking was not subject to Office of Management and Budget 
review under Executive Order 12866. In addition, a review under the 
Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) has revealed 
that the rulemaking would not change public recreation or visitation to 
the surrounding area of the Patuxent Wildlife Research Center. 
Therefore, the rulemaking would not have a significant effect on a 
substantial number of small entities, such as businesses, organizations 
and governmental jurisdictions in the area.

Environmental Considerations

    Pursuant to the requirements of section 102(2)(C) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), an 
environmental assessment was not prepared for this action. With regard 
to the Endangered Species Act, the Service determined that this final 
action is administrative in nature and will not affect any Federally 
listed or proposed for listing threatened or endangered species or 
their critical habitats.

Unfunded Mandates

    The Service has determined and certifies pursuant to the Unfunded 
Mandates Act, 2 U.S.C. 1502 et seg., that this rulemaking will not 
impose a cost of $100 million or more in any given year on local or 
State governments or private entities.

[[Page 53330]]

Civil Justice Reform

    The Department has determined that these final regulations meet the 
applicable standards provided in Sections 3(a) and 3(b)(2) of Executive 
Order 12988.

Primary Author

    Stephen R. Vehrs, Division of Refuges, U.S. Fish and Wildlife 
Service, Washington, DC, is the primary author of this final rulemaking 
document.

List of Subjects in Part 60

    Research, Wildlife.
    Accordingly, under the authority 16 U.S.C. 460(k) subchapter D, 
consisting of part 60, is removed and reserved.

    Dated: August 13, 1996.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-25961 Filed 10-10-96; 8:45 am]
BILLING CODE 4310-55-P