Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Proposed Rules 54701 

regulations on the 32nd or 33rd edition 

of the IATA LAR. 

Third, IATA lists and names species 

differently from the way CITES lists and 

names species in the Appendices to the 

Convention. This may cause confusion 

and misunderstanding; IATA uses a 

combination of common English and 

scientific names, but CITES sometimes 

uses only the scientific name. If we 

amend current regulations, we will use 

both the common and scientific name of 

species whenever possible, although we 

intend to use just the common name 

when referring to groups of animals, 

such as ‘‘bears’’ or ‘‘parrots.’’ This 

practice will make amended regulations 

similar to the 31st edition of the IATA 

LAR. In addition, many shippers 

transport CITES-listed and non-CITESlisted species on the same flights, and 

the IATA LAR refers to both CITESlisted and non-CITES-listed species. 

Therefore, it is important to provide 

common names to assist those 

individuals who may not be familiar 

with scientific names, even though we 

recognize that common names can refer 

to different species of animals. 

Fourth, although the IATA LAR 

provide guidelines for air transport and 

can be used as guidelines for non-air 

transport (i.e. transport by road, rail, or 

sea), there are recommendations 

available from other sources (e.g. 

AATA) that specifically address the 

transport of species by road, rail or sea. 

Additionally, the CITES Parties are 

considering the addition of 

requirements specific for ground 

transportation of wildlife and we plan to 

propose amendments to our regulations 

based on those recommendations to 

standardize international ground 

shipping practices. Therefore, we are 

soliciting recommendations from the 

public and other interested parties 

regarding ground transportation 

recommendations for various types of 

animal groups. 

As a result, we plan to change the 

regulations in 50 CFR Part 14, subpart 

J, in several ways. 

First, we plan to propose to include 

more specific requirements such as 

number of animals per container, for the 

general transport of mammals and birds. 

In shipments where these numbers have 

been exceeded, our wildlife inspectors 

would have an objective and consistent 

method to determine whether the 

shipment was humane and healthful. 

The current regulations do not provide 

any detail in this regard. Also, while the 

current regulations specify that terminal 

facilities must have an effective program 

for the control of insects, ectoparasites 

and pests of mammals and birds, we 

propose to include specific methods to 

be used by terminal facilities to control 

insect pests. 

Second, we plan to propose changes 

to 50 CFR Part 14, subpart J, by adding 

new sections and expanding existing 

regulations that enact requirements 

concerned with the transport of 

particular taxa of mammals and birds. 

Since these regulations were last 

published in 1992, several changes have 

been made in the IATA LAR specifying 

different shipping arrangements for 

various species of mammals and birds. 

We plan to propose changes based upon 

the 32nd or 33rd edition of the IATA 

LAR for the transport of mammals and 

birds. In the IATA LAR 20th edition, for 

example, several small carnivores 

(genets, olingos, grison, and falanouc) 

are included in the crate requirements 

for large gnawing rodents and 

marsupials. In the IATA LAR 31st 

edition, these same species have been 

included in the container requirements 

for animals more similar in behavior 

and form. 

Third, we plan to propose changing 

the language and format of the old 

regulations to clear and plain language 

with an easier to follow outline format. 

Finally, in order to be current with 

CITES transportation recommendations, 

we propose to add regulations 

specifically pertaining to international 

ground transportation of wildlife to the 

United States. The CITES Transport 

Working Group (TWG) is developing 

such guidelines and we will likely 

propose international ground 

transportation regulations that largely 

mirror those adopted by the CITES 

Parties. We also seek input on the 

spectrum of potential ground transport 

issues, particularly species or taxaspecific ones, and will consider that 

input during our revisions. 

Other changes to the regulations will 

be based on comments and suggestions 

that we receive from the public. 

Author 

The author of this advance notice of 

proposed rulemaking is the staff of the 

Division of Management Authority (see 

FOR FURTHER INFORMATION CONTACT

section). 

Authority: The authority for this advance 

notice of proposed rulemaking is the 

Endangered Species Act of 1973, as amended 

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

Dated: August 19, 2005. 

Marshall Jones, 

Acting Director. 

[FR Doc. 05–18416 Filed 9–13–05; 12:22 pm] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

RIN 1018–AI80 

Endangered and Threatened Wildlife 

and Plants; Proposed Establishment of 

a Nonessential Experimental 

Population of Northern Aplomado 

Falcons in Southern New Mexico and 

Arizona 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; reopening of 

public comment period, notice of public 

hearings, and notice of availability of 

draft monitoring plan. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce the 

reopening of the public comment period 

for the proposed rule to establish, under 

section 10(j) of the Endangered Species 

Act of 1973, as amended (Act), an 

experimental population of northern 

aplomado falcons (Falco femoralis 

septentrionalis) into their historic 

habitat in southern New Mexico and 

Arizona. We are providing this notice to 

allow all interested parties to comment 

on the proposed reintroduction and the 

draft environmental assessment (notice 

of which published in the Federal 

Register on February 9, 2005). We are 

also announcing the availability of a 

draft monitoring plan for the 

reintroduction of the northern aplomado 

falcon for public comment. We will 

hold two public hearings (see DATES and 

ADDRESSES sections). 

Through this notice and the public 

hearings, we are seeking comments or 

suggestions from the public, other 

concerned governmental agencies, 

Tribes, the scientific community, 

industry, or any other interested parties 

concerning the proposed experimental 

population and draft monitoring plan. 

DATES: Comments must be submitted 

directly to the Service (see ADDRESSES

section) on or before November 15, 

2005, or at any of the public hearings to 

be held in October 2005. Any comments 

received after the closing date may not 

be considered in the final determination 

on the proposal. 

We will hold two public hearings at 

the following dates and times: 

1. October 11, 2005: Las Cruces, NM. 

Informal question and answer session: 6 

p.m. Public hearing: 7 p.m.–8:45 p.m. 

2. October 13, 2005: Albuquerque, 

NM. Informal question and answer 

session: 6 p.m. Public hearing: 7 p.m.–

8:45 p.m. 

ADDRESSES: 

54702 Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Proposed Rules 

Meetings 

The public hearings will be held at 

the following locations: 

1. Las Cruces, NM: Auditorium, 

Corbett Center Student Union, Jordan 

Street and University Avenue, New 

Mexico State University, Las Cruces, 

New Mexico 88003–8001. (505) 646–

4804. Parking is located in Lot 27 off of 

Triviz and University Avenue. 

2. Albuquerque, NM: Silver & 

Turquoise Room, Indian Pueblo Cultural 

Center, 2401 12th Street NW (1 block 

North of I–40), Albuquerque, New 

Mexico 87104. (505) 843–7270 or 1–

800–766–4405. 

Written information, comments, or 

questions related to preparation of the 

draft environmental assessment and the 

National Environmental Policy Act 

(NEPA) process should be submitted to 

Susan MacMullin, Field Supervisor, 

U.S. Fish and Wildlife Service, New 

Mexico Ecological Services Field Office, 

2105 Osuna NE, Albuquerque, New 

Mexico 87113. Written comments may 

also be sent by facsimile to (505) 346–

2542 or by e-mail to 

R2FWE_AL@fws.gov. For directions on 

how to submit electronic filing of 

comments, see the ‘‘Public Comments 

Solicited’’ section. 

You may obtain copies of the 

proposed rule, draft environmental 

assessment, and draft monitoring plan 

from the above address, or by calling 

505–346–2525. They are also available 

from our Web site at http:// 

ifw2es.fws.gov/NewMexico/. All 

comments and materials received, as 

well as supporting documentation used 

in preparation of the proposed rule, will 

be available for public inspection, by 

appointment, during normal business 

hours at the New Mexico Ecological 

Services Field Office. 

FOR FURTHER INFORMATION CONTACT: 

Questions regarding the development of 

the proposed rule designating an 

experimental population, the draft 

environmental assessment, or the draft 

monitoring plan may be directed to 

Susan MacMullin, Field Supervisor, 

New Mexico Ecological Services Field 

Office, telephone 505–346–2525 (see 

ADDRESSES). Persons who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 1–800–877–

8339, 24 hours a day, 7 days a week. 

SUPPLEMENTARY INFORMATION: 

Background 

We previously proposed to 

reintroduce northern aplomado falcons 

into their historic habitat in southern 

New Mexico with the purpose of 

establishing a viable resident population 

(February 9, 2005, 70 FR 6819). If the 

proposed rule is finalized, we may 

release up to 150 captive-raised 

northern aplomado falcons annually in 

the summer and/or fall for 10 or more 

years, until a self-sustaining population 

is established. We propose to designate 

this reintroduced population as a 

nonessential experimental population, 

according to section 10(j) of the 

Endangered Species Act of 1973, as 

amended. The geographic boundary of 

the proposed nonessential experimental 

population includes all of New Mexico 

and Arizona. A draft environmental 

assessment was prepared for this 

proposed action and has been made 

available for comment (February 9, 

2005, 70 FR 6819). 

Pursuant to 50 CFR 424.16(c)(2), we 

may extend or reopen a comment period 

upon finding that there is good cause to 

do so. Our public hearing for this 

proposed rule was originally scheduled 

for Las Cruces, New Mexico, on March 

15, 2005. However, this hearing had to 

be postponed because of widespread 

road closures on that date in northern 

and central New Mexico due to 

hazardous snow and ice conditions. In 

addition, we have now developed the 

draft monitoring plan for the proposed 

reintroduction of the northern aplomado 

falcon that was referred to in the 

proposed rule and draft environmental 

assessment (70 FR 6819). We announce 

the availability of this document and 

solicit data and comments from the 

public (please see ADDRESSES section). 

We also announce new public hearing 

dates concurrently with the availability 

of the draft monitoring plan. We deem 

these considerations as sufficient cause 

to reopen the comment period that 

closed on April 11, 2005 (70 FR 6819). 

For additional information on how to 

send comments, see ‘‘Public Comments 

Solicited’’ section. 

Our proposal to reintroduce northern 

aplomado falcons in New Mexico and 

Arizona under section 10(j) of the 

Endangered Species Act requires the 

Service to periodically review and 

evaluate the reintroduction program. 

The monitoring plan will assist the 

Service in its evaluation of the release 

program described in the proposed rule 

and draft environmental assessment and 

will provide guidelines for northern 

aplomado falcon monitoring efforts in 

New Mexico and Arizona. Monitoring 

requirements and studies are described 

in two tiers. Tier 1 describes short-term 

monitoring, which includes basic 

monitoring requirements for newly 

released falcons and for nesting falcons 

beginning 3 years after their 

reintroduction. Tier 1 monitoring will 

primarily be the responsibility of The 

Peregrine Fund, who will submit annual 

reports to the Service on northern 

aplomado falcon release monitoring 

results in New Mexico and Arizona. In 

addition, the Bureau of Land 

Management and U.S. Army Fort Bliss 

will be responsible for remote-sensing 

habitat monitoring relevant to the 

reintroduction program in New Mexico 

and Arizona. Tier 2 investigations 

include nonmandatory monitoring 

efforts subject to available funding. 

Annual stakeholder meetings will be 

conducted to review project data to 

determine if refinements to the program 

are needed. We will use the best 

scientific and commercial data 

available, including, but not limited to, 

results from this monitoring plan and 

stakeholder meetings to prepare 5-year 

evaluations of the New Mexico and 

Arizona falcon restoration program. 

Public Hearings 

The Act provides for one or more 

public hearings on this proposed rule, if 

requested. We have been requested to 

conduct two public hearings in New 

Mexico. We will hold a public hearing 

in Las Cruces, New Mexico, on October 

11, 2005, and one in Albuquerque, New 

Mexico, on October 13, 2005. 

Announcements for the public hearings 

will also be made in local newspapers. 

Public hearings are designed to gather 

relevant information that the public may 

have that we should consider in our 

rulemaking. During the hearings, we 

will present information about the 

proposed action. We invite the public to 

submit information and comments at 

the hearings or in writing during the 

open public comment period. We 

encourage persons wishing to comment 

at the hearing to provide a written copy 

of their statement at the start of the 

hearing. This notice and the public 

hearings will allow all interested parties 

to submit comments on the proposed 

nonessential experimental population 

rule for the northern aplomado falcon. 

We are seeking comments from the 

public, other concerned governmental 

agencies, Tribes, the scientific 

community, industry, or any other 

interested parties concerning the 

proposal. Persons may send written 

comments to the New Mexico Ecological 

Services Field Office (see ADDRESSES

section) at any time during the open 

comment period. We will give equal 

consideration to oral and written 

comments. For more information about 

commenting, see the ‘‘Public Comments 

Solicited’’ section. 

Public Comments Solicited 

We intend for our draft environmental 

assessment (EA) to consider reasonable 

Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Proposed Rules 54703 

alternatives for the establishment of an 

experimental population of the 

aplomado falcon. We also wish to 

ensure than any proposed rulemaking to 

establish an experimental population 

and the accompanying monitoring plan 

effectively evaluate all potential issues 

and impacts associated with this action. 

Therefore, we seek comment from 

Federal, State, local, or Tribal 

government agencies; the scientific or 

business community; landowners; or 

any other interested party. Comments 

should be as specific as possible. 

In order to issue a final rule to 

implement this proposed action and to 

determine whether to prepare a finding 

of no significant impact or an 

environmental impact statement, we 

will take into consideration all 

comments and any additional 

information we receive. Such 

communications may lead to a final rule 

that differs from this proposal. All 

comments, including names and 

addresses, will become part of the 

supporting record. 

If you wish to provide comments and/ 

or information, you may submit your 

comments and materials by any one of 

several methods (see ADDRESSES). 

Comments submitted electronically 

should be in the body of the e-mail 

message itself or attached as a text file 

(ASCII), and should not use special 

characters or encryption. Please also 

include ‘‘Attn: Falcon Proposed 10(j) 

Rule,’’ your full name, and your return 

address in your e-mail message. If you 

do not receive a confirmation from the 

system that we have received your email message, contact us directly by 

calling our New Mexico Ecological 

Services Field Office (see ADDRESSES

section). 

Our practice is to make comments, 

including names and home addresses of 

respondents, available for public review 

during regular business hours. 

Respondents may request that we 

withhold their home addresses, which 

we will honor to the extent allowable by 

law. There may also be circumstances in 

which we would withhold a 

respondent’s identity, as allowable by 

law. If you wish for us to withhold your 

name and/or address, you must state 

this request prominently at the 

beginning of your comment. However, 

we will not consider anonymous 

comments. To the extent consistent with 

applicable law, we will make all 

submissions from organizations or 

businesses, and from individuals 

identifying themselves as 

representatives or officials of 

organizations or businesses, available 

for public inspection in their entirety. 

Comments and materials received will 

be available for public inspection, by 

appointment, during normal business 

hours at New Mexico Ecological 

Services Office in Albuquerque, New 

Mexico (see ADDRESSES). 

Paperwork Reduction Act 

Office of Management and Budget 

(OMB) regulations at 5 CFR part 1320, 

which implement provisions of the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.) require that Federal 

agencies obtain approval from OMB 

before collecting information from the 

public. 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. 

OMB approval is required if information 

will be collected from 10 or more 

persons (5 CFR 1320.3). ‘‘Ten or more 

persons’’ refers to the persons to whom 

a collection of information is addressed 

by the agency within any 12-month 

period, and to any independent entities 

to which the initial addressee may 

reasonably be expected to transmit the 

collection of information during that 

period, including independent State, 

territorial, Tribal or local entities and 

separately incorporated subsidiaries or 

affiliates. For the purposes of this 

definition, ‘‘persons’’ does not include 

employees of the respondent acting 

within the scope of their employment, 

contractors engaged by a respondent for 

the purpose of complying with the 

collection of information, or current 

employees of the Federal government 

when acting within the scope of their 

employment, but it does include former 

Federal employees. The draft 

monitoring plan for reestablishment of 

the falcon contains a requirement for 

information collection; however, it does 

not affect 10 or more persons. Therefore, 

OMB approval and a control number are 

not needed for the data collection forms 

appended to the monitoring plan. In the 

future, if it becomes necessary to collect 

this information from 10 or more 

respondents per year, we will first 

obtain approval from OMB. 

Authority 

The authority for this action is the 

Endangered Species Act of 1973 (16 

U.S.C. 1531 et seq.). 

Dated: September 1, 2005. 

Craig Manson, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 05–18386 Filed 9–15–05; 8:45 am] 

BILLING CODE 4310–55–P