Endangered and Threatened Wildlife and Plants; Proposed Establishment of a Nonessential Experimental Population of Northern Aplomado Falcons in Southern New Mexico and Arizona, 54701-54703 [05-18386]
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Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Proposed Rules
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
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18:38 Sep 15, 2005
Jkt 205001
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]
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54701
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
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.
AGENCY:
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:
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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 https://
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
VerDate Aug<31>2005
18:38 Sep 15, 2005
Jkt 205001
(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
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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
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Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Proposed Rules
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).
VerDate Aug<31>2005
18:38 Sep 15, 2005
Jkt 205001
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
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54703
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]
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]]>Agencies
[Federal Register Volume 70, Number 179 (Friday, September 16, 2005)]
[Proposed Rules]
[Pages 54701-54703]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-18386]
-----------------------------------------------------------------------
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:
[[Page 54702]]
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
https://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
[[Page 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 e-mail 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
