5112 Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Proposed Rules

The Regulatory Information Service (e) Exception in case of malfunction SUMMARY: We, the U.S. Fish and Center publishes the Unified Agenda in of Commission filing system. In the Wildlife Service (FWS or Service), are April and October of each year. You event that the Commission’s filing proposing to amend regulations may use the RIN contained in the systems are not functioning and cannot concerning American alligators heading at the beginning of this receive service contract filings for (Alligator mississippiensis) by revising document to find this action in the twenty-four (24) continuous hours or provisions pertaining to interstate and Unified Agenda, available at http:// more, an original service contract or foreign commerce. We are proposing www.reginfo.gov/public/do/ amendment that must be filed during these changes to increase clarity and eAgendaMain. that period in accordance with eliminate unnecessary regulation while paragraph (a) of this section will be at the same time maintaining what is List of Subjects in 46 CFR Part 530 considered timely filed so long as the necessary and advisable for the Freight, Maritime carriers, Report and service contract or amendment is filed conservation of this and other recordkeeping requirements. no later than twenty-four (24) hours endangered or threatened crocodilian For the reasons set forth above, the after the Commission’s filing systems species under section 4(d) of the Federal Maritime Commission is return to service. Endangered Species Act of 1973, as proposing to amend 46 CFR part 530 as ■ 4. Amend § 530.13 by adding amended. follows: paragraph (e) to read as follows: DATES: You may comment on this proposed rule until March 22, 2021. PART 530–SERVICE CONTRACTS § 530.13 Exceptions and exemptions. * * * * * ADDRESSES: You may submit written ■ 1. The authority citation for part 530 (e) Essential terms publication comments by one of the following continues to read as follows: methods: exemption. Ocean common carriers are • exempt from the requirement in 46 Electronically Using the Federal Authority: 5 U.S.C. 553; 46 U.S.C. 305, eRulemaking Portal: http:// 40301–40306, 40501–40503, 41307. U.S.C. 40502(d) to publish and make available to the general public in tariff www.regulations.gov in Docket No. ■ 2. Amend § 530.3 by revising FWS–HQ–IA–2021–0004 (the docket paragraphs (c) and (i) to read as follows: format a concise statement of certain essential terms when a service contract number for this rulemaking). • U.S. Mail: Public Comments § 530.3 Definitions. is filed with the Commission. Processing, Attn: FWS–HQ–IA–2020– ■ 5. Amend § 530.14 by revising * * * * * XXXX; U.S. Fish and Wildlife Service paragraph (a) to read as follows: (c) Authorized person means a carrier Headquarters, MS: PRB (JAO/3W), 5275 or a duly appointed agent who is § 530.14 Implementation. Leesburg Pike, Falls Church, VA 22041– authorized to file service contracts on (a) Generally. Performance under an 3803. behalf of the carrier party to a service We will not accept email or faxes. contract and is registered by the original service contract or amendment may not begin until the effective date. Comments and materials we receive, as Commission to file under § 530.5(c) and well as supporting documentation, will appendix A to this part. An original service contract or amendment may apply only to cargo be available for public inspection on * * * * * received on or after the effective date by http://www.regulations.gov. (i) Effective date means the date upon the ocean common carrier or its agent, FOR FURTHER INFORMATION CONTACT: which a service contract or amendment including originating carriers in the case Pamela Hall Scruggs, Chief, Division of is scheduled to go into effect by the of through transportation. Management Authority, U.S. Fish and parties to the contract. A service Wildlife Service, 5275 Leesburg Pike, * * * * * contract or amendment becomes MS: IA, Falls Church, VA 22041–3803; effective at 12:01 a.m. Eastern Standard By the Commission. telephone 703–358–2095 or email: Time (Coordinated Universal Time Rachel E. Dickon, [email protected]. (UTC)-05:00) on the effective date. The Secretary. SUPPLEMENTARY INFORMATION: effective date may not be earlier than [FR Doc. 2020–29173 Filed 1–15–21; 8:45 am] I. Background the date on which all parties have BILLING CODE P signed the service contract or The American alligator (Alligator amendment. mississippiensis) is an iconic U.S. * * * * * animal with a history of both drastic DEPARTMENT OF THE INTERIOR ■ 3. Amend § 530.8 by: decline and complete recovery. As a ■ a. Revising paragraph (a); Fish and Wildlife Service result of State and Federal cooperation, ■ b. Adding a subject heading to its recovery is one of the most paragraph (b); and 50 CFR Part 17 prominent successes of the Nation’s ■ c. Revising paragraph (e). endangered species program. The revisions and addition read as [Docket No. FWS–HQ–IA–2021–0004; The American alligator is a large, follows: FF09A30000–212–FXIA16710900000] semi-aquatic, armored reptile that is related to crocodiles. Alligators can be § 530.8 Service Contracts. RIN 1018–BF60 distinguished from crocodiles by head (a) Filing. Authorized persons shall shape and color. Adult alligators, which file with BTA, in the manner set forth Endangered and Threatened Wildlife are almost black in color, have a broad, in appendix A of this part, a true and and Plants; Regulations Pertaining to large, long head with visible upper teeth complete copy of every service contract the American Alligator (Alligator along the edge of the jaws. Crocodiles, and every amendment to a service mississippiensis) which are brownish in color, have a contract no later than thirty (30) days AGENCY: Fish and Wildlife Service, narrower snout and have lower jaw after the effective date. Interior. teeth that are visible even when its (b) Required terms. *** mouth is shut. The American alligator ACTION: Proposed rule. * * * * * has a large, slightly rounded body,

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which ranges for adult alligators from 6 collections, and to ensure future substantially facilitate the enforcement to 14 feet long, as well as thick limbs recruitment of subadult alligators to the and further the policy of the Act. All and a very powerful tail that it uses to breeding population, the Louisiana applicable prohibitions and exceptions propel itself through water. The tail Department of Wildlife and Fisheries for species treated as threatened under accounts for half the alligator’s length. currently requires a quantity of juvenile section 4(e) of the Act due to similarity Its front feet have five toes, while the alligators equal to 10 percent of the eggs of appearance to a threatened or rear feet have four toes that are webbed. hatched by the rancher be returned to endangered species are provided in a In the wild, the American alligator often the wild within 2 years of hatching rule issued under section 4(d) of the Act lives to 50 years of age and possibly (Louisiana’s Alligator Management (16 U.S.C. 1533(d)), as discussed further over 70 years of age (Wilkinson et al. Program 2017–2018 Annual Report, below. 2016, p. 843). page 5). Alligator ranching has minimal When a fish or wildlife species is The breeding range of the American adverse effects on the environment, and listed as endangered under the ESA, alligator is distributed in the it has direct positive effects on alligator certain actions are prohibited under southeastern United States in Arkansas, conservation. It may reduce demand for section 9 (16 U.S.C. 1538(a)(1)), as North Carolina, South Carolina, Georgia, poached wild alligator skins and likely specified at 50 CFR 17.21. These Florida, Louisiana, Alabama, creates an incentive for ranchers to include prohibitions on ‘‘take’’ (16 Mississippi, Oklahoma, and Texas. contribute to maintenance of wild U.S.C. 1532(19) (defining ‘‘take’’ to Within this range, American alligators populations and their habitats (Nickum mean ‘‘harass, harm, pursue, hunt, inhabit freshwater swamps, lakes, et al. 2018, p. 87). Practiced primarily in shoot, wound, kill, trap, capture, or marshes, and streams (Elsey et al. 2019, Louisiana, Florida, Georgia, and Texas, collect, or to attempt to engage in any p. 1). They also inhabit brackish water American alligator farming and such conduct’’); 50 CFR 17.3 (defining habitats and, although they have a low ranching is an aquaculture industry ‘‘harm’’ and ‘‘harass’’)) within the tolerance for salt water, will worth tens of millions of dollars United States, within the territorial seas occasionally use marine environments (Nickum et al. 2018, p. 88). Particularly of the United States, or upon the high for feeding (Rosenblatt and Heithaus in Louisiana and Florida, farming and seas; possession, sale, delivery, carrying, 2011, p. 786). ranching are now being carried out on transport, or shipment of unlawfully In the late 1860s, the leather a large scale; stocks in over 100 taken specimens; import; export; sale industry’s demand for exotic hides led commercial farms and ranches and offer for sale in interstate or foreign to widespread commercial hunting of throughout the country are high, with commerce; and delivery, receipt, the American alligator. The demand in more than 923,000 American alligators carrying, transport, or shipment in Europe and the United States for luxury on farms in Louisiana alone in 2016 interstate or foreign commerce in the leather products was so rapacious that, (Elsey et al. 2019, p. 3). course of a commercial activity. It is within a few years, large American The American alligator first received also unlawful to attempt to commit, alligators became extremely rare. This protection under Federal law in 1967 solicit another to commit, or cause to be situation created a market for exported when it was listed as endangered committed, any of these offenses (16 crocodile hides from Mexico and throughout its range under the U.S.C. 1538(g)). Central America. Tens of thousands of Endangered Species Preservation Act of The ESA does not specify particular alligator and crocodile skins entered 1966 (32 FR 4001, March 11, 1967), a prohibitions and exceptions to those world markets, making their way from predecessor to the Endangered Species prohibitions for threatened species. swamps to tanneries to exclusive Act of 1973, as amended (16 U.S.C. 1531 Instead, under section 4(d) of the ESA department stores and boutiques. The et seq. (Act, ESA)). Its endangered (16 U.S.C. 1533(d)), the Secretary of the precipitous decrease in size and classification was transferred to the Act Interior is given the discretion to issue numbers of American alligators taken effective December 28, 1973, (Pub. L. such regulations as deemed necessary for trade reflected a species in decline. 93–205, 1, Dec. 28, 1973, 87 Stat. 884). and advisable to provide for the Today, American alligator Under the ESA, species may be listed conservation of the species. The populations thrive, as a result of either as ‘‘threatened’’ or as Secretary also has the discretion to creative partnerships between Federal ‘‘endangered’’ (16 U.S.C. 1532(6) prohibit by regulation, with respect to and State governments. The States led (defining ‘‘endangered’’); 16 U.S.C. any threatened species, any act the way in providing legal protection. 1532(20) (defining ‘‘threatened’’)). ESA prohibited under section 9(a)(1) of the Alabama adopted protective legislation regulations are set forth in title 50 of the ESA for endangered species of fish or for its American alligator population in Code of Federal Regulations in parts 17 wildlife. Accordingly, under section 1941, followed by Florida (1961), and 424. Section 4(e) of the Act (16 4(d) of the ESA, the Service may Louisiana (1962), and Texas (1970). The U.S.C. 1533(e); 50 CFR 17.50–17.51) develop specific prohibitions and wild American alligator population gives the Secretary of the Interior exceptions tailored to the particular trend is increasing and is estimated to authority to list a species, subspecies, or conservation needs of a threatened be 3–4 million non-hatchling distinct population segment as species (50 CFR 17.31(c)). individuals, of which approximately endangered or threatened by reason of We have gained considerable 750,000–1,060,000 are mature similarity of appearance if: (A) Such experience in developing species- individuals (Elsey et al. 2019, p. 3). species so closely resembles in specific rules over the years. Where we Alligator farming and ranching played appearance, at the point in question, an have developed species-specific 4(d) a role in the conservation success. ESA-listed endangered or threatened rules, we have seen many benefits, American alligator ‘‘farming’’ involves species that enforcement personnel including removing redundant captive breeding of American alligators. would have substantial difficulty in permitting requirements, facilitating American alligator ‘‘ranching’’ involves attempting to differentiate between the implementation of beneficial gathering eggs from the wild, returning listed and unlisted species; (B) the effect conservation actions, and making better some juveniles to the wild, and raising of this substantial difficulty is an use of our limited personnel and fiscal the remainder to market size. For additional threat to an endangered or resources by focusing prohibitions on example, to ensure wild alligators are threatened species; and (C) such the stressors contributing to the not depleted as a result of egg treatment of an unlisted species will threatened status of the species. This

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proposed rule will allow us to capitalize for American alligator products from except hides, only within the State of on these benefits in tailoring the endangered populations, the 1975 rule Louisiana and subject to the laws and regulations to species conservation established a marking and tagging regulations of the State of Louisiana. needs by eliminating unnecessary regime for American alligator hides and Although some commenters had regulation while at the same time included permitting requirements for recommended also allowing sale of meat maintaining what is necessary and fabricators, buyers, and tanners to allow and parts in other States, the Service did advisable for the conservation of this identification throughout the marketing not adopt that recommendation and and other crocodilian species under and processing chain. The 1975 rule explained that licensing and section 4(d) of the ESA. allowed take of American alligators recordkeeping requirements imposed by Section 4(d) of the Act states that the from threatened populations and the State of Louisiana had facilitated Secretary shall issue such regulations as captive alligators provided the take was effective enforcement with respect to he deems necessary and advisable to in accordance with State of Louisiana sale of meat and other parts in Louisiana provide for the conservation of species laws and regulations, including marking but that no regulatory scheme existed to listed as threatened. The U.S. Supreme and tagging requirements, and allowed provide effective enforcement outside of Court has noted that statutory language sale of hides only to persons holding a Louisiana. On October 12, 1979 (44 FR very similar to ‘‘necessary and valid Federal license as buyers. Sale of 59080), another rulemaking revised the advisable’’ demonstrates a large degree meat and other parts was prohibited section 4(d) rule to allow limited of deference to the agency (see Webster under the 1975 section 4(d) rule. In the commercial export and import of v. Doe, 486 U.S. 592 (1988)). years that followed, the species lawfully taken American alligator hides ‘‘Conservation’’ is defined in the Act to continued to improve. See the following and products manufactured from those mean the use of all methods and rulemaking documents: hides in accordance with the procedures which are necessary to bring • 42 FR 2071 (January 10, 1977) requirements of the Convention on any endangered species or threatened (reclassifying the American alligator International Trade in Endangered species to the point at which the from ‘‘endangered’’ to ‘‘threatened’’ in Species of Wild Fauna and Flora measures provided pursuant to the Act all of Florida and certain coastal areas (CITES), after the transfer of American are no longer necessary (16 U.S.C. of Georgia, Louisiana, South Carolina, alligator from CITES Appendix I to 1532(3)). Additionally, section 4(d) and Texas); CITES Appendix II, effective June 28, states that the Secretary may by • 44 FR 37130 (June 25, 1979) 1979, allowed for international trade in regulation prohibit with respect to any (expanding ‘‘threatened due to American alligator for commercial threatened species any act prohibited similarity of appearance’’ classification purposes. under section 9(a)(1), in the case of fish from 3 to 12 Louisiana parishes); Revisions to the section 4(d) rule in or wildlife, or 9(a)(2), in the case of • 46 FR 40664 (Aug. 10, 1981) 1980 (45 FR 78153, November 25, 1980) plants. Thus, regulations promulgated (expanding ‘‘threatened due to removed the requirement for fabricators under section 4(d) of the Act provide similarity of appearance’’ classification to obtain Federal permits, but to ensure the Secretary with broad discretion to to all of Louisiana); that fabricators only received lawfully select appropriate provisions tailored to • 48 FR 46332 (Oct. 12, 1983) (all of taken hides, maintained the requirement the specific conservation needs of the Texas); and limiting sale of raw (untanned) hides to threatened species. The statute grants • 50 FR 25672 (June 20, 1985) (all of a person holding a valid Federal permit to buy hides. The 1980 revisions also particularly broad discretion to the Florida). Service when adopting the prohibitions allowed interstate commerce of fully The American alligator 4(d) rule was under section 9. The Service also has tanned hides that had been tagged by also amended several times during these discretion to revise or promulgate the State where the taking occurred and years: species-specific rules at any time after allowed sale or transfer of meat and • 42 FR 2071, January 10, 1977; the final listing or reclassification other parts except hides, provided these • 44 FR 51980, September 6, 1979; determination. parts were sold or otherwise transferred • 44 FR 59080, October 12, 1979; The section 4(d) rule at 50 CFR only in accordance with the laws and • 45 FR 78153, November 25, 1980; 17.42(a), which currently pertains to regulations of the State in which the • 46 FR 40664, August 10, 1981; any specimen of the American alligator, • taking occurred and the State in which first became effective in 1975 (40 FR 48 FR 46332, October 12, 1983; the sale or transfer occurred. The 1980 • 50 FR 25672, June 20, 1985; 44412, September 26, 1975). In 1975, • section 4(d) rule also allowed interstate American alligators in certain parts of 50 FR 45407, October 31, 1985; commerce in manufactured products. • 52 FR 21059, June 4, 1987; Louisiana were reclassified from • By 1987, the American alligator had endangered to threatened because of 72 FR 48402, August 23, 2007. recovered enough so that it did not recovery of these populations of the For example, in 1979 (44 FR 51980, qualify as endangered or threatened species and their similarity of September 6, 1979), a final rule based on its own conservation status. appearance with endangered American amending the 4(d) rule noted that the However, it was reclassified under the alligators in Louisiana and elsewhere in ‘‘consistent intent’’ throughout these Act as ‘‘threatened due to similarity of the American alligator range (40 FR rulemakings has been to authorize appearance’’ throughout its range (52 FR 44412, September 26, 1975). The controlled harvest of American 21063, June 4, 1987) based on its preamble to the 1975 rule explained that alligators in specified areas, subject to resemblance to the American crocodile the primary threat to American State and Federal law. The final rule and other threatened crocodilian alligators in certain areas was the reclassified the American alligator species. As noted above, populations in absence of adequate regulatory and populations in nine additional parishes Florida, Louisiana, and Texas and enforcement mechanisms ‘‘to prevent in Louisiana from endangered to portions of other States had already malicious and illicit commercially threatened due to similarity of been reclassified. This rule reclassified oriented killing’’ and ‘‘to control illegal appearance to endangered American the remaining endangered populations commerce in products.’’ To address alligators in the remainder of the in Alabama, Arkansas, Georgia, concerns that once a legal market was species’ range and, among other things, Mississippi, North Carolina, and South established it could provide a ‘‘screen’’ authorized sale of meat and other parts, Carolina. The preamble to the final rule

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explained that the rule ‘‘supports a need commerce in alligators that is used to Tribes address threats to these for continued Federal controls on taking fund important conservation efforts for populations. Confusion caused by this and commerce to ensure against alligators and their habitat. See Section provision concerning the interaction excessive taking and to continue II below regarding Petition to Amend between Federal, State, and Tribal rules necessary protections for the American Endangered Species Act Section 4(d) and regulations could deter protection crocodile (Crocodylus acutus) in the Rule Actions Concerning the American of American alligator habitat, upsetting U.S. and foreign countries, and other Alligator. This proposed rule would regulatory protocols that have been in endangered crocodilians in foreign amend the 4(d) rule to remove the place for decades, and thereby countries’’ (52 FR 21060, June 4, 1987). requirement at 50 CFR 17.42(a)(2)(ii)(B) undermining the conservation of this The classification of the American that ‘‘[a]ny American alligator specimen and other crocodilian species under alligator as threatened due to similarity may be sold or otherwise transferred section 4(d) of the Act. of appearance is intended to protect only in accordance with the laws and Quotas for controlled hunting of other listed species that bear a regulations of . . . the State or Tribe in adults, and collection of eggs and resemblance to the American alligator. which the sale or transfer occurs.’’ This hatchlings on both private and public Take of American alligators is regulated amendment clarifies that any State law lands are based on annual monitoring of by States and Tribes and section 4(d) regulating commercial sale or transfer nests and local population densities and regulations at 50 CFR 17.42, Special that effectively prohibits interstate occur in accordance with the laws and rules—reptiles. Under 50 CFR 17.42(a), commerce or foreign commerce regulations of the State or Tribe in the Service regulates the harvest of authorized by the 4(d) rule would be which the taking of American alligators American alligators, and subsequent preempted by section 6(f) of the ESA occurs. Commercial production of skins interstate commerce and international and would be void to the extent of the and meat is highly regulated by State trade in the legally harvested animals, conflict (16 U.S.C. 1535(f)(2); the agencies through a system of permits, their skins, and products made from Supremacy Clause of the U.S. licenses, periodic stock inventories, them, as part of efforts to prevent the Constitution). We also explained the ranch inspections, and tagging illegal take and trafficking of threatened preemptive effect of 4(d) rules and requirements, which occur in and endangered reptiles that are similar section 6(f) in the most recent prior accordance with the laws and in appearance to American alligators. rulemaking amending the American regulations of the State or Tribe in Illegally harvested alligators cannot alligator 4(d) rule. See 72 FR 48402, which the taking of American alligators legally be entered into commerce or 48406 (Aug. 23, 2007) (relying on Man occurs. Fees collected through State and trade under the 4(d) rule. Hing Ivory & Imports, Inc. v. Tribal regulatory systems (also in As noted above, currently, the Deukmejian, 702 F.2d 760 (9th Cir. accordance with the laws and American alligator is listed under the 1983)). By amending the 4(d) rule to regulations of the State or Tribe in Act as threatened due to similarity of remove the provision relating to the which the taking of American alligators appearance to the American crocodile State or Tribe in which a sale or transfer occurs) provide funding for (Crocodylus acutus) in the United States occurs, we intend to eliminate the management, regulation, enforcement, and foreign countries, and other ESA- potential tension between those State and research programs for the American listed crocodilians (50 CFR 17.11). The laws and the well-regulated American alligator. Conservation of American Service recognizes that some alligator management regime that has alligators has succeeded by sustainable populations of crocodilians that are been established through decades of regulated harvests, protecting important managed as a sustainable resource can cooperation between the Service, States alligator habitat, and providing be utilized for commercial purposes in the alligator’s range, and the alligator economic incentives for private without adversely affecting the survival industry, and which is facilitated by the landowners to maintain alligator habitat of those populations, when regulation of interstate commerce and (Elsey et al. 2019, p. 5). For these scientifically based management plans international trade through the 4(d) rule. reasons, we reaffirm the need to ensure are implemented. When certain positive Although it can be difficult to identify that take of, and interstate commerce in, conservation conditions have been met, the species in products manufactured American alligators may only be in the Service has allowed utilization and from crocodilian species, and this accordance with the laws and trade from managed populations of the situation can pose a problem for law regulations of the State or Tribe of American alligator, and other enforcement, over the more than 30 taking but propose to remove as crocodilians. For example, we have years that the provision in question has unnecessary and confusing the allowed the importation of commercial been in place, we have no reason to provision that sale or transfer may only shipments of Nile crocodile (Crocodylus believe that this provision at 50 CFR be in accordance with the laws and niloticus) from several southern and 17.42(a)(2)(ii)(B) has added to the regulations of the State or Tribe where eastern African countries, and allowed conservation benefits provided by other the sale or transfer occurs. for similar shipments of saltwater provisions in the current American Convention on International Trade in crocodile (Crocodylus porosus) alligator 4(d) rule. Further, the first Endangered Species of Wild Fauna and specimens from Australia (61 FR 32356, phrase in the sentence at 50 CFR Flora (CITES) June 24, 1996). In each of these 17.42(a)(2)(ii)(B) pertaining to ‘‘the laws examples, the species or population is and regulations of the State or Tribe in Separate from its listing and not an ESA-listed endangered species, which the taking occurs’’ is largely conservation status under the ESA, the and also is not included in CITES redundant, as it restates what is already American alligator is protected under Appendix I. stated earlier in 50 CFR 17.42(a)(2)(ii). the Convention on International Trade We are aware that there have been The conditional language in 50 CFR in Endangered Species of Wild Fauna questions raised regarding proposed or 17.42 (a)(2)(ii)(B) may be inhibiting and Flora (CITES), a treaty that regulates recently enacted State laws that would interstate commerce that has developed international trade in species included prohibit commercial activities involving since the American alligator was first in one of three Appendices. In 1975, the American alligator and concerns that reclassified under the Act and which American alligator was included in such laws may result in a reduction in provides funding to support crocodilian Appendix I of CITES. CITES Appendix proceeds from lawful interstate conservation and helps States and I includes species threatened with

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extinction that are or may be affected by Pertaining to the Sale of Hides. The (including those to be exported) have trade. petition requests ‘‘the repeal of those been legally acquired under an In 1979, the American alligator was regulations which limit the sale or approved State or Tribal program. The transferred from CITES Appendix I to transfer of alligator hides to compliance current section 4(d) rule for the Appendix II. Appendix II includes with the State in which the sale or American alligator does not require hide species that are not presently threatened transfer occurs.’’ The petition asserts buyers, tanners, or fabricators to obtain with extinction, but may become so if that the language in the regulation permits. their trade is not regulated. It also imposing this requirement may have Service Response to the Petition includes species that need to be been included or retained as the result regulated so that trade in certain other of administrative error or confusion. The ESA section 4(d) rule concerning Appendix-I or -II species may be The petition asserts that, as the result of the American alligator became effective effectively controlled (due to similarity a series of proposed rules and final rules over 45 years ago. More than 33 years of appearance to other CITES species). issued between 1980 and 1987, the have passed since publication of the Commercial international trade of Service inadvertently added alligator 1987 revision to the rule that included Appendix-II species is allowed under hides to the list of products required to the provision that the petition seeks to CITES export permits issued by the be sold or transferred in interstate amend. In reviewing the conservation Management Authority of the exporting commerce only in accordance with the success story related to the alligator, we country, provided specific law of the State in which the sale or find that the requirement for interstate determinations have been made, transfer occurs. commerce in American alligator to including that the Management The petition requests a new adhere to laws of the States and Tribes Authority of the exporting country has rulemaking to amend 50 CFR where the sale or transfer occurs is not determined that the specimens involved 17.42(a)(2)(ii)(B) to eliminate the change necessary. Under the Administrative have been legally acquired and the that included alligator hides in the Procedure Act (APA), any person may Scientific Authority of the exporting group of parts and products that may petition for the issuance, amendment, or country has determined that the trade only be sold or transferred in interstate repeal of a rule (5 U.S.C. 553(e)). In will not be detrimental to the survival commerce in accordance with the law of considering the petition, we follow of the species. In the United States, the the State or Tribe in which the sale or Department of the Interior regulations ESA (16 U.S.C. 1537a) designates the transfer occurs. The petition requests concerning petitions for APA Secretary of the Interior as the CITES that the Service amend the rule to revert rulemakings, found at 43 CFR part 14 Management Authority and Scientific back to the regime set out in the 1980 (43 CFR 14.2, Filing of petitions.). To Authority and requires the functions of alligator section 4(d) regulations, which that end, interested persons may obtain each shall be carried out by the Service. allowed for take of American alligators a copy of the petition on the internet at The Parties to CITES reviewed wherever listed as threatened due to http://www.regulations.gov, in the management activities prior to similarity of appearance, in accordance docket supporting materials section transferring the American alligator from with the laws in the State of taking provided above in ADDRESSES. This CITES Appendix I to Appendix II subject to certain conditions including proposed rule addresses the petition. (thereby allowing commercial trade), that ‘‘any meat or other part except the III. This Proposed Rule hide is sold or otherwise transferred reviewed assessments of population As a result of the petition received status, reviewed determinations of only in accordance with the laws and regulations of the State in which the from the State of Louisiana, we sustainable harvest quotas (or approval conducted a review of our regulations at of ranching programs), and reviewed the taking occurs and the State in which the sale or transfer occurs;’’ (45 FR 78153, 50 CFR 17.42(a) and have determined control of the illegal harvest. that this proposed rulemaking action is Management regulations imposed after November 25, 1980). It is true that earlier versions of the necessary and advisable for the harvest included the tagging of skins conservation of this and other and issuance of permits to satisfy the section 4(d) rule did not, in the phrase in question, include hides in the group crocodilian species under section 4(d) of requirements for CITES Appendix-II of parts and products that could only be the Act. The Service has the species. As a Party to CITES, in addition sold in accordance with the laws of the responsibility to periodically update to ESA requirements, the United States State or Tribe in which the sale or and clarify our implementing implements CITES requirements for transfer occurred. However, those regulations when it is necessary to do trade in American alligators. The United earlier versions also strictly regulated so. With this proposed rule, we reflect States implements CITES through the the sale and transfer of hides, including the outcome of our review. ESA (16 U.S.C. 1537a; 16 U.S.C. by requiring that hides could only be We have evaluated the petition 1538(c)(1)) and the Service’s CITES sold or transferred to a person holding received from the State of Louisiana implementing regulations (50 CFR part a valid buyer permit (issued under the concerning the requested amendment to 23). CITES requirements for section 4(d) rule) and that the hides our regulations at 50 CFR 17.42(a). We international trade specific to American must be tagged by the State where they have also conducted our own evaluation alligator are found at 50 CFR 23.70. were taken. Tanners and, for a time, of our regulations at 50 CFR 17.42(a), II. Petition To Amend Endangered fabricators also had to obtain permits and have concluded that there is Species Act Section 4(d) Rule Actions under the section 4(d) rule, and buyer, sufficient reason for a new rulemaking Concerning the American Alligator tanner, and fabricator permittees were that removes the requirement in the 4(d) prohibited from violating any State, rule’s authorization of interstate or Petition Federal, or foreign laws concerning foreign commerce that American The Secretary of the Interior received hides and other parts and products. alligators, including hides and other a petition in the form of a letter dated Tagging of alligator hides by the State or parts and products, may only be sold or December 9, 2019, from the State of Tribe of taking is still required under transferred in accordance with the law Louisiana, titled, Petition for the current section 4(d) rule and forms of the State or Tribe in which the sale Rulemaking to Correct the American the basis of the traceability regime that or transfer occurs. As noted above, the Alligator Regulations at 50 CFR 17.42(a) allows us to ensure that hides in trade section 4(d) rule for the American

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alligator has been revised a number of American alligator at 50 CFR 17.42(a). paragraphs that are unclearly written, times since it was first promulgated in We will not consider comments which sections or sentences are too 1975. Changes to the section 4(d) rule regarding this proposed rule sent by long, the sections where you feel lists or were adopted in response to changes in email or fax or to an address not listed tables would be useful, etc. the conservation status of various in ADDRESSES . If you submit a comment National Environmental Policy Act (42 populations of the species (and the via http://www.regulations.gov, your U.S.C. 4321 et seq.) reclassification of those populations) entire comment, including any personal and to the related and evolving need for identifying information, will be posted We are required under the National Federal control of taking and commerce on the website. If you submit a Environmental Policy Act (NEPA; 42 in American alligators and American hardcopy comment that includes U.S.C. 4321 et seq.) to assess the impact alligator parts and products, as well as personal identifying information, you of any Federal action significantly for the effective protection and may request at the top of your document affecting the quality of the human enforcement of requirements for other that we withhold this information from environment, health, and safety. This ESA-listed crocodilians. public review. However, we cannot proposed rule is being analyzed under We believe the requirement at 50 CFR guarantee that we will be able to do so. the criteria of NEPA, the Department of 17.42(a)(2)(ii)(B) that any American We will post all hardcopy comments on the Interior procedures for compliance alligator specimen may be sold or http://www.regulations.gov. with NEPA (Departmental Manual (DM) otherwise transferred only in Because we will consider all and 43 CFR part 46), and Council on accordance with the laws and comments and information we receive Environmental Quality regulations for regulations of the State or Tribe in during the comment period, our final implementing the procedural provisions which the sale or transfer occurs is 4(d) rule may differ from this proposal. of NEPA (40 CFR parts 1500–1508). We unnecessary and can be removed as a Based on the new information we are preparing a draft environmental condition of the 4(d) rule’s receive (and any comments on that new assessment to determine whether this authorization of interstate and foreign information), we may change the proposed rule will have a significant commerce. Through this amendment, parameters of the prohibitions or the impact on the quality of the human any State law regulating commercial exceptions to those prohibitions if we environment under NEPA. We will sale or transfer that effectively prohibits conclude it is appropriate in light of announce the availability of the draft interstate or foreign commerce comments and new information environmental assessment as soon as it authorized by the 4(d) rule would be received. For example, we may expand is completed. When completed, the preempted by section 6(f) of the ESA the prohibitions to include prohibiting draft environmental assessment will be and would be void to the extent of the additional activities if we conclude that available on the internet at http:// conflict (16 U.S.C. 1535(f)(2); the those additional activities are not www.regulations.gov in the docket provided above in ADDRESSES. Supremacy Clause of the U.S. compatible with conservation of the Constitution). Further, the first phrase listed crocodilians that are similar in Regulatory Flexibility Act (5 U.S.C. 601 in the sentence at 50 CFR appearance to the American alligator. et seq.). 17.42(a)(2)(ii)(B) is largely redundant, as Conversely, we may establish additional it restates what is already stated in 50 Under the Regulatory Flexibility Act exceptions to the prohibitions in the (RFA) (as amended by the Small CFR 17.42(a)(2)(ii), and therefore can final rule if we conclude that the also be removed along with conforming Business Regulatory Enforcement activities would facilitate or are Fairness Act [SBREFA] of 1996) (5 amendments. We believe that this compatible with the conservation and proposed amendment could reduce U.S.C. 601 et seq.), whenever a Federal recovery of the listed crocodilians that agency is required to publish a notice of confusion concerning the interaction are similar in appearance to the between Federal, State, and Tribal rules rulemaking for any proposed or final American alligator. and regulations and clarify the activities rule, it must prepare and make available that are authorized by Federal V. Required Determinations for public comment a regulatory regulation. We believe that the flexibility analysis that describes the Clarity of the Proposed Rule requirement at 50 CFR 17.42(a)(2)(ii)(B) effect of the rule on small entities (i.e., that any American alligator specimen We are required by Executive Orders small businesses, small organizations, may be sold or otherwise transferred 12866 and 12988 and by the and small government jurisdictions). only in accordance with the laws and Presidential Memorandum of June 1, However, no regulatory flexibility regulations of the State or Tribe in 1998, to write all rules in plain analysis is required if the head of an which the sale or transfer occurs, is not language. This means that each rule we agency certifies that the rule will not necessary for the conservation of the publish must: have a significant economic impact on American alligator and for other (1) Be logically organized; a substantial number of small entities. crocodilian species to which the (2) Use the active voice to address Thus, for a regulatory flexibility analysis American alligator bears similarity of readers directly; to be required, impacts must exceed a appearance. (3) Use clear language rather than threshold for ‘‘significant impact’’ and a jargon; threshold for a ‘‘substantial number of IV. Public Comments Solicited (4) Be divided into short sections and small entities.’’ We invite interested organizations sentences; and The Small Business Regulatory and the public to comment on this (5) Use lists and tables wherever Enforcement Fairness Act of 1996 proposed rule. We analyzed the 4(d) possible. (SBREFA; 5 U.S.C. 801 et seq.) amended rule in response to the petition from If you feel that we have not met these the RFA to require Federal agencies to Louisiana and have drafted this requirements, send us comments by one provide a certification statement of the proposed amendment to 50 CFR of the methods listed in ADDRESSES. To factual basis for certifying that the rule 17.42(a)(2)(ii)(B) following our review better help us revise the rule, your will not have a significant economic and analysis. We are seeking comments comments should be as specific as impact on a substantial number of small related to any proposed revisions to the possible. For example, you should tell entities. According to the Small ESA section 4(d) rule concerning the us the numbers of the sections or Business Administration (SBA), small

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entities include small organizations can be found in 13 CFR 121.201. For a standards are expressed either in such as independent nonprofit specific industry identified by the North number of employees or annual organizations; small governmental American Industry Classification receipts. This proposed rule is most jurisdictions, including school boards System (NAICS), small entities are likely to affect entities nationwide that and city and town governments that defined by the SBA as an individual, sell alligator products such as hides, serve fewer than 50,000 residents; and limited partnership, or small company eggs, and meat. The industries most small businesses (13 CFR 121.201). considered at ‘‘arm’s length’’ from the likely to be directly affected are listed in The SBA has developed size control of any parent company, which the table below along with the relevant standards to carry out the purposes of meet certain size standards. The size SBA size standards. the Small Business Act. These standards

TABLE 1—INDUSTRIES POTENTIALLY AFFECTED BY THE PROPOSED RULE

Size standards in Industry NAICS code millions of dollars or employees

Full-Service Restaurants ...... 722511 $8.0 Limited-Service Restaurants ...... 722513 12.0 Supermarkets and Other Grocery (except Convenience) Stores ...... 445110 35.0 Other Aquaculture ...... 112519 1.0 Leather and Hide Tanning and Finishing ...... 316110 * 500 * Employees.

Based on these thresholds, the (a) Would not have an annual effect including any skin, part, product, egg, proposed rule may affect small entities. on the economy of $100 million or or offspring thereof held in captivity or In addition to determining whether a more. from the wild. It would reaffirm current, substantial number of small entities are (b) Would not cause a major increase longstanding provisions that allow likely to be affected by this proposed in costs or prices for consumers; interstate commerce in lawfully rule, the Service must also determine individual industries; Federal, State, or harvested American alligators but whether the proposed rule is anticipated local government agencies; or would remove text conditioning sale or to have a significant economic impact geographic regions. transfer in accordance with the law of on those small entities. This rule would (c) Would not have significant adverse the State or Tribe in which sale or not significantly impact interstate effects on competition, employment, transfer occurs. Therefore, we do not investment, productivity, innovation, or commerce, as the proposed changes anticipate significant economic impacts the ability of U.S.-based enterprises to would not change the fact that interstate because interstate commerce would compete with foreign-based enterprises. continue as provisioned by the commerce is allowed under the Endangered Species Act and the section provisions of this 4(d) rule. Therefore, Regulatory Planning and Review 4(d) regulations and any potential we do not expect any significant (Executive Orders 12866 and 13563) economic impact from the preemption impacts to these businesses because Executive Order 12866 provides that of any conflicting State or Tribal law is interstate commerce would continue as the Office of Information and Regulatory too speculative to estimate. provisioned by the Endangered Species Affairs (OIRA) will review all significant Act and the 4(d) regulations, and any rules. OIRA has determined that this Executive Order 13771 potential positive economic impact from rule is not significant. This rule is not an Executive Order the preemption of any conflicting State E.O. 13563 reaffirms the principles of (E.O.) 13771 (‘‘Reducing Regulation and or Tribal law is too speculative to E.O. 12866 while calling for Controlling Regulatory Costs’’) (82 FR estimate. The rule would not have a improvements in the nation’s regulatory 9339, February 3, 2017) regulatory significant economic effect on a system to promote predictability, to action because this rule is not substantial number of small entities in reduce uncertainty, and to use the best, significant under E.O. 12866. any region or nationally. most innovative, and least burdensome tools for achieving regulatory ends. The Energy Supply, Distribution, or Use— Therefore, based on the information Executive Order 13211 available to us at this time, we certify executive order directs agencies to Executive Order 13211 (Actions that this proposed rule would not have consider regulatory approaches that Concerning Regulations That a significant economic effect on a reduce burdens and maintain flexibility Significantly Affect Energy Supply, substantial number of small entities as and freedom of choice for the public where these approaches are relevant, Distribution, or Use) requires agencies defined under the RFA. An initial feasible, and consistent with regulatory to prepare statements of energy effects regulatory flexibility analysis is not objectives. E.O. 13563 emphasizes when undertaking certain actions. This required. Accordingly, a small entity further that regulations must be based rule is not a significant energy action compliance guide is not required. on the best available science and that under the definition in Executive Order Small Business Regulatory Enforcement the rulemaking process must allow for 13211. A statement of Energy Effects is Fairness Act (SBREFA) (5 U.S.C. 801 et public participation and an open not required. This proposed rule would seq.) exchange of ideas. We have developed revise the current regulations in 50 CFR this proposed rule in a manner part 17 that pertain to the harvest of This proposed rule is not a major rule consistent with these requirements. American alligators and regulate legal under 5 U.S.C. 804(2), the Small This proposed rule would provide trade in the animals, their skins, and Business Regulatory Enforcement clarity regarding interstate commerce in products made from them, as part of Fairness Act. This rule: alligators, whether alive or dead, efforts to prevent the illegal take and

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trafficking of endangered reptiles that Unfunded Mandates Reform Act (2 Government-to-Government are similar in appearance to American U.S.C. 1531 et seq.) is not required. Relationship With Tribes alligators. This proposed rule will not Takings—Executive Order 12630 In accordance with the President’s significantly affect energy supplies, memorandum of April 29, 1994 distribution, and use. In accordance with E.O. 12630 (Government-to-Government Relations Unfunded Mandates Reform Act (2 (Government Actions and Interference with Native American Tribal U.S.C. 1501 et seq.) with Constitutionally Protected Private Governments; 59 FR 22951), Executive Property Rights), we have analyzed the Order 13175 (Consultation and In accordance with the Unfunded potential takings implications of this Coordination With Indian Tribal Mandates Reform Act (2 U.S.C. 1501 et proposed rule. Governments), and the Department of seq.), we make the following findings: the Interior’s manual at 512 DM 2 (1) This proposed rule would not This rule does not affect a taking of (Department of the Interior Manual, produce a Federal mandate. In general, private property or otherwise have Series 30, Part 512, Chapter 2: a Federal mandate is a provision in taking implications under Executive Departmental Responsibilities for legislation, statute, or regulation that Order 12630. This proposed rule would Indian Trust Resources), we readily would impose an enforceable duty upon update and clarify the regulations acknowledge our responsibility to State, local, or Tribal governments, or concerning the harvest of American communicate meaningfully with the private sector, and includes both alligators and regulate legal trade in the recognized Federal Tribes on a Federal intergovernmental mandates animals, their skins, and products made government-to-government basis. In and Federal private sector mandates. from them, as part of efforts to prevent accordance with Secretarial Order 3206 These terms are defined in 2 U.S.C. the illegal take and trafficking of of June 5, 1997 (American Indian Tribal 658(5)–(7). endangered reptiles that are similar in Rights, Federal-Tribal Trust ‘‘Federal intergovernmental mandate’’ appearance to American alligators. A Responsibilities, and the Endangered includes a regulation that would impose takings implication assessment is not Species Act), we readily acknowledge an enforceable duty upon State, local, or required. our responsibilities to work directly Tribal governments with two with Tribes in developing programs for Federalism—Executive Order 13132 exceptions. It excludes a condition of healthy ecosystems, to acknowledge that Federal assistance. It also excludes a In accordance with E.O. 13132 Tribal lands are not subject to the same duty arising from participation in a (Federalism), this proposed rule does controls as Federal public lands, to voluntary Federal program, unless the not have significant federalism effects. remain sensitive to Indian culture, and regulation relates to a then-existing A federalism summary impact statement to make information available to Tribes. Federal program under which is not required. These proposed We have evaluated this proposed rule under the criteria in Executive Order $500,000,000 or more is provided revisions to 50 CFR part 17 do not 13175 under the Department’s annually to State, local, and Tribal contain significant federalism consultation policy and are not aware of governments under entitlement implications. authority, if the provision would any substantial effects to federally increase the stringency of conditions of Civil Justice Reform—Executive Order recognized Indian Tribes but will assistance or place caps upon, or 12988 consider comments from Tribes on this otherwise decrease, the Federal proposed rule. We will consult and Government’s responsibility to provide In accordance with Executive Order solicit comments from Tribes. funding, and the State, local, or Tribal 12988 (Civil Justice Reform), this rule Individual Tribal members must meet governments lack authority to adjust does not unduly burden the judicial the same regulatory requirements as accordingly. At the time of enactment, system and meets the requirements of other individuals under our regulations these entitlement programs were: sections 3(a) and 3(b)(2) of the Order. at 50 CFR 17.42 (Special rules— Medicaid; Aid to Families with Specifically, this proposed rule: reptiles). Dependent Children work programs; (a) Meets the criteria of section 3(a) References Cited Child Nutrition; Food Stamps; Social requiring that all regulations be A complete list of references cited in Services Block Grants; Vocational reviewed to eliminate errors and this rulemaking is available on the Rehabilitation State Grants; Foster Care, ambiguity and be written to minimize internet at http://www.regulations.gov Adoption Assistance, and Independent litigation; and Living; Family Support Welfare in the docket provided above in (b) Meets the criteria of section 3(b)(2) Services; and Child Support ADDRESSES. requiring that all regulations be written Enforcement. ‘‘Federal private sector in clear language and contain clear legal Authority mandate’’ includes a regulation that The authority for this action is the ‘‘would impose an enforceable duty standards. Endangered Species Act of 1973, as upon the private sector, except (i) a Paperwork Reduction Act of 1995 (44 amended (16 U.S.C. 1531 et seq.). condition of Federal assistance or (ii) a U.S.C. 3501 et seq.) duty arising from participation in a List of Subjects in 50 CFR Part 17 voluntary Federal program.’’ This proposed rule does not contain Endangered and threatened species, (2) This proposed rule will not any new collections of information that Exports, Imports, Reporting and impose an unfunded mandate on State, require approval by the Office of recordkeeping requirements, local, or Tribal governments or the Management and Budget (OMB) under Transportation. private sector of more than $100 million the Paperwork Reduction Act of 1995 per year. The rule will not have a (44 U.S.C. 3501 et seq.). An agency may Proposed Regulation Promulgation significant or unique effect on State, not conduct or sponsor, and a person is Therefore, for the reasons discussed local, or Tribal governments or the not required to respond to, a collection in the preamble, we hereby propose to private sector. A statement containing of information unless it displays a amend part 17 of title 50, Code of the information required by the currently valid OMB control number. Federal Regulations, as set forth below.

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PART 17—ENDANGERED AND applicable law and to the extent Public Comments THREATENED WILDLIFE AND PLANTS practicable. The proposed rule would require a pre-application meeting and We request comments or information ■ 1. The authority citation for part 17 use of a standard application, the SF– from other concerned government continues to read as follows: 299, Application for Transportation and agencies, the scientific community, industry, or any other interested party AUTHORITY: 16 U.S.C. 1361–1407; 1531– Utility Systems and Facilities on 1544; and 4201–4245, unless otherwise Federal Lands; allow electronic concerning this proposed rule. You may noted. submission of applications; and provide submit your comments and materials ■ 2. Section 17.42 is amended by FWS with additional flexibility, as concerning this proposed rule by one of revising paragraph (a)(2)(ii) to read as appropriate, to determine the fair the methods listed in ADDRESSES. We follows: market value or fair market rental value request that you send comments only by of rights-of-way across FWS-managed the methods described in ADDRESSES. § 17.42 Special rules—reptiles. lands. This proposed rule would reduce All comments submitted * * * * * the time and cost necessary to electronically via http:// (a) * * * determine a right-of-way’s fair market www.regulations.gov will be presented (2) * * * value or fair market rental value, and on the website in their entirety as (ii) Any person may take an American also reduce an applicant’s time and cost submitted. For comments submitted via alligator in the wild, or one which was to obtain a right-of-way permit. The hard copy, we will post your entire born in captivity or lawfully placed in proposed rule would also simplify the comment—including your personal captivity, and may deliver, receive, procedures that applicants must follow identifying information—on http:// carry, transport, ship, sell, offer to sell, to reimburse the United States for costs www.regulations.gov. You may request purchase, or offer to purchase such that FWS incurs while processing right- at the top of your document that we alligator in interstate or foreign of-way applications and monitoring withhold personal information such as commerce, by any means whatsoever permitted rights-of-way. your street address, phone number, or and in the course of a commercial DATES: We will accept comments on this email address from public review; activity, if such activities are in proposed rule that are received or however, we cannot guarantee that we accordance with the laws and postmarked on or before March 22, will be able to do so. regulations of the State or Tribe in 2021. Comments submitted Comments and materials we receive, which taking occurs, and subject to the electronically using the Federal as well as supporting documentation we following condition: Any skin of an eRulemaking Portal (see ADDRESSES, used in preparing this proposed rule, American alligator may be sold or below) must be received by 11:59 p.m. will be available for public inspection otherwise transferred only if the State or Eastern Time on the closing date. on http://www.regulations.gov. Tribe of taking requires skins to be ADDRESSES: You may submit comments tagged by State or Tribal officials or on this proposed rule by one of the Background under State or Tribal supervision with following methods: a Service-approved tag in accordance FWS is the principal land manager (1) Electronically: Go to the Federal and permitting authority for more than with the requirements in part 23 of this eRulemaking Portal: http:// subchapter. 89 million terrestrial acres of public www.regulations.gov. In the Search box, lands, including 76.8 million acres in * * * * * enter FWS–HQ–NWRS–2019–0017, Alaska, 12.2 million acres in the lower Aurelia Skipwith, which is the docket number for this 48 States, and 50,000 acres in Hawaii. rulemaking. Then, click on the Search Director, U.S. Fish and Wildlife Service. The vast majority of the 89 million acres button. On the resulting page, in the are part of the National Wildlife Refuge [FR Doc. 2021–01012 Filed 1–15–21; 11:15 am] Search panel on the left side of the BILLING CODE 4333–15–P System (Refuge System), whose mission screen, under the Document Type is to administer a national network of heading, click on the Proposed Rule box lands and waters for the conservation, to locate this document. You may DEPARTMENT OF THE INTERIOR management, and where appropriate, submit a comment by clicking on restoration of the fish, wildlife, and Fish and Wildlife Service ‘‘Comment Now!’’ plant resources and their habitats within (2) By hard copy: Submit by U.S. mail the United States for the benefit of 50 CFR Part 29 or hand-delivery to: Public Comments present and future generations of Processing, Attn: Docket No. FWS–HQ– Americans (16 U.S.C. 668dd(a)(2)). [Docket No. FWS–HQ–NWRS–2019–0017; NWRS–2019–0017, U.S. Fish and FF09R50000–XXX–FVRS8451900000] These acres include more than 20 Wildlife Service, MS: PRB/3W, 5275 million acres of designated wilderness RIN 1018–BD78 Leesburg Pike, Falls Church, VA 22041– that the Service manages to preserve the 3803. wilderness character in accordance with Streamlining U.S. Fish and Wildlife We request that you send comments the Wilderness Act of 1964 (16 U.S.C. Service Permitting of Rights-of-Way only by the methods described above. 1131 et seq.). Subject to existing private We will post all comments on http:// AGENCY: Fish and Wildlife Service, rights, and special provisions included www.regulations.gov. This generally in wilderness-designation statutes, the Interior. means that we will post any personal ACTION: Proposed rule. Wilderness Act prohibits commercial information you provide us (see Public enterprises and permanent roads. The Comments, below, for more SUMMARY: We, the U.S. Fish and law also prohibits temporary roads; Wildlife Service (FWS), propose to information). motor vehicles, motorized equipment, revise and streamline FWS regulations FOR FURTHER INFORMATION CONTACT: Ken motorboats, landing of aircraft, and for permitting of rights-of-way by Fowler, U.S. Fish and Wildlife Service, other forms of mechanical transport; aligning FWS processes more closely MS: NWRS, 5275 Leesburg Pike, Falls structures; and installations, unless with those of other Department of the Church, VA 22041; (703) 358–1876. their use can be demonstrated to be Interior bureaus, consistent with SUPPLEMENTARY INFORMATION: necessary to meet minimum

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