Endangered and Threatened Wildlife and Plants; Reclassification of Certain Vicuña Populations From Endangered to Threatened With a Special Rule; Technical Amendment, 15780-15782 [05-6152]
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15780
Federal Register / Vol. 70, No. 59 / Tuesday, March 29, 2005 / Rules and Regulations
(2) An individual deviation to the
GSAR must be approved by the HCA.
The authority to grant an individual
deviation may be re-delegated to the
Contracting Director.
*
*
*
*
*
(c) Send a copy of each deviation to
GSA’s SPE (V).
I 3. Amend section 501.404 by revising
paragraphs (a), (c), and (e)(2) to read as
follows:
501.404
Class deviations.
(a) A class deviation affects more than
one contract action. A deviation for any
solicitation that will result in multiple
awards or any solicitation under the
multiple award Federal Supply
Schedule program is considered to be a
class deviation. Each award under such
a solicitation is considered an
individual contract action.
(1) A class deviation to the FAR must
be forwarded by the cognizant HCA to
GSA’s SPE for approval. Prior to
approving a class deviation to the FAR,
the SPE will consult with the Chairman
of the Civilian Agency Acquisition
Council (CAAC) in accordance with
FAR 1.404(a)(1).
(2) A class deviation to the GSAR
must be forwarded by the cognizant
HCA to GSA’s SPE for approval.
(3) When an HCA knows that a
proposed class deviation will be
required on a permanent basis, the HCA
should propose or recommend an
appropriate FAR and/or GSAR revision.
*
*
*
*
*
(c) Send a copy of each deviation to
GSA’s SPE (V).
*
*
*
*
*
(e) * * *
(2) May be rescinded earlier by GSA’s
SPE or by officials designated under
paragraph (a) of this section without
prejudice to any action taken
previously.
I 4. Add sections 501.404–70 and
501.404–71 to read as follows:
501.404–70
Contract action.
Contract action. A contract action, for
the purpose of determining whether an
individual or class deviation is
appropriate, has the same meaning as
that used for reporting contract actions
to Federal Procurement Data System—
Next Generation (FPDS-NG). A contract
action includes, but is not limited to,
any of the following:
(a) Initial letter contract.
(b) Definitive contract superseding
letter contract.
(c) New definitive contract.
(d) Purchase order/BPA calls using
simplified acquisition procedures.
(e) Orders under single award
indefinite delivery contracts.
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(f) Orders under BOA.
(g) Order/modification under Federal
schedule contract.
(h) Modification.
(i) Termination for Default.
(j) Termination for Convenience.
(k) Order under multiple award
contract.
(l) Initial load of Federal schedule
contract.
501.404–71 Deviations to the
nonregulatory GSAM.
Handle individual and class
deviations to the nonregulatory
(unshaded) part of the GSAM as stated
in 501.403 and 501.404.
[FR Doc. 05–6186 Filed 3–28–05; 8:45 am]
BILLING CODE 6820–61–S
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018–AE04
Endangered and Threatened Wildlife
and Plants; Reclassification of Certain
˜
Vicuna Populations From Endangered
to Threatened With a Special Rule;
Technical Amendment
Fish and Wildlife Service,
Interior.
ACTION: Final rule; technical
amendment.
AGENCY:
SUMMARY: This document amends the
˜
special rule for the vicuna (Vicugna
vicugna), as published in the Federal
Register on May 30, 2002. The May 30,
2002, special rule allows the
importation into the United States of
legal fiber and legal products produced
˜
with fiber from vicuna populations
listed as threatened under the U.S.
Endangered Species Act of 1973 (ESA)
and in Appendix II of the Convention
on International Trade in Endangered
Species of Wild Fauna and Flora
(CITES), if certain conditions are
satisfied by the countries of origin and
re-export. This document: (1) Corrects
and clarifies the labeling requirements
˜
for legal vicuna fiber and fiber products;
and (2) corrects an inadvertent
typographical error in the section on
annual reporting requirements.
DATES: This amendment to the special
˜
rule for vicuna is effective on March 29,
2005.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert R. Gabel, Chief, Division of
Scientific Authority, U.S. Fish and
Wildlife Service, 18th and C Streets,
NW., Mail Stop ARLSQ–750,
PO 00000
Frm 00056
Fmt 4700
Sfmt 4700
Washington, DC 20240; phone: 703–
358–1708; fax: 703–358–2276; e-mail:
scientificauthority@fws.gov.
SUPPLEMENTARY INFORMATION:
Background
On May 30, 2002, the U.S. Fish and
Wildlife Service (Service), published a
final rule (67 FR 37695) reclassifying the
˜
vicuna (Vicugna vicugna) in Argentina,
Bolivia, Chile, and Peru from
endangered to threatened under the
ESA. The final rule also established a
special rule (under section 4(d) of the
ESA) allowing the importation into the
United States of legal fiber and legal
products produced with fiber from
˜
vicuna populations listed as threatened
under the Act and in Appendix II of
CITES, if certain conditions are satisfied
by the exporting (range) or re-exporting
country. This special rule is contained
in 50 CFR 17.40(m).
The special rule contains errors in
two paragraphs: (1) Paragraph
(m)(2)(i)(A) on labeling requirements for
˜
legal vicuna fiber and fiber products;
and (2) paragraph (m)(4)(i) on annual
reporting requirements. With this
technical amendment, we are correcting
existing errors, as well as making
changes to these paragraphs to clarify
language that has been identified as
unclear.
Paragraph (m)(2)(i)(A) addresses
˜
labeling requirements for legal vicuna
fiber and fiber products. The special
rule is perhaps not explicit enough in
explaining that labeling requirements
pertain to all imports, exports, and reexports. We are amending paragraph
(m)(2)(i)(A) to explicitly state that
labeling requirements pertain to all
imports, exports, and re-exports,
including raw fiber re-exported from, or
products manufactured in, intermediary
countries.
Paragraph (m)(2)(i)(A)(1) specifies that
cloth and cloth products must bear the
logo adopted by countries signatory to
´
the ‘‘Convenio para la Conservacion y
˜
Manejo de la Vicuna,’’ and the words
˜
‘‘VICUNA–(Country of Origin)’’ (where
country of origin is the name of the
original exporting country where the
˜
vicuna fiber in the products originated,
either Argentina, Bolivia, or Chile) or
˜
‘‘VICUNA–PERU–ARTESANIA’’ (for
Peru only). However, the words
˜
‘‘VICUNA–PERU–ARTESANIA’’ have
never been used to label cloth and cloth
products from Peru. Peru uses the words
˜
‘‘VICUNA–PERU’’ for these products.
We are amending paragraph
(m)(2)(i)(A)(1) to reflect that only the
˜
words ‘‘VICUNA–(Country of Origin)’’
are used for cloth and cloth products.
In addition, paragraph (m)(2)(i)(A)(1)
does not specify how the logo and
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words must appear on the cloth or cloth
product. We are amending paragraph
(m)(2)(i)(A)(1) to clarify that the logo
and words may be stitched into the
cloth or may appear on a sewn-in label.
Finally, paragraph (m)(2)(i)(A)(1) does
not explicitly state that the labeling
requirement also pertains to samples of
cloth or samples of cloth products, as
well as to other manufactured goods not
specifically covered in subsequent
paragraphs. We are amending paragraph
(m)(2)(i)(A)(1) to clarify that samples
and other manufactured goods can be
imported only if they meet the same
requirements as cloth and cloth
products.
Paragraph (m)(2)(i)(A)(2) describes the
labeling requirements for finished
˜
vicuna products (including luxury
handicrafts and knitted articles) and any
bulk shipments of raw fiber. It specifies
˜
that finished vicuna products (including
luxury handicrafts and knitted articles)
and any bulk shipments of raw fiber
must ‘‘have a seal or identification tag
with codes describing the origin of the
˜
vicuna product, the trademark or label
˜
(‘‘VICUNA–(Country of Origin)’’ (where
country of origin is the name of the
original exporting country where the
˜
vicuna fiber in the products originated,
either Argentina, Bolivia, or Chile) or
˜
‘‘VICUNA–PERU–ARTESANIA’’ (for
Peru only), and the CITES export permit
number, where country of origin is the
name of the original exporting country
˜
where the vicuna fiber in the products
originated.’’ However, as a result of a
proposal adopted at the 10th Meeting of
the Conference of the Parties to CITES,
luxury handicrafts and knitted articles
produced by native craftpersons within
the country of origin should bear the
˜
label ‘‘VICUNA–(Country of Origin)–
ARTESANIA.’’ This label does not
˜
apply to all finished vicuna products,
but only to luxury handicrafts and
knitted articles made by native
craftpersons in the country of origin. In
addition, these products must have the
logo adopted by countries signatory to
´
the ‘‘Convenio para la Conservacion y
˜
Manejo de la Vicuna.’’ We are amending
paragraph (m)(2)(i)(A)(2) to reflect that
only luxury handicrafts and knitted
articles made in the country of origin
˜
can have the label ‘‘VICUNA–(Country
of Origin)–ARTESANIA,’’ and that these
articles must also have the logo adopted
by countries signatory to the ‘‘Convenio
´
para la Conservacion y Manejo de la
˜
Vicuna.’’ We are also amending
paragraph (m)(2)(i)(A)(2) to clarify that
the logo and words may be woven into
the item or may appear on a sewn-in
label.
In addition, paragraph (m)(2)(i)(A)(2)
states that the shipment must have a
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16:55 Mar 28, 2005
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15781
seal or identification tag with codes
˜
describing the origin of the vicuna
product and the CITES export permit
number. It is not clear that this
requirement pertains only to bulk
shipments of raw fiber. We are
amending the special rule, specifically
by adding a new paragraph
(m)(2)(i)(A)(3), to clarify that only bulk
fiber shipments are subject to this
requirement and to clarify the labeling
information that is being required.
Paragraph (m)(4)(i) of the special rule
describes the annual reporting
requirement for range country
governments wishing to export
˜
specimens of vicuna to the United
States. In the list of types of information
required in the annual report, we
inadvertently labeled two paragraphs
with the letter (E). Through this
document, we are correcting the text in
50 CFR 17.40(m), paragraph (4)(i), to
eliminate the duplicate (E) and to label
each subparagraph in correct
alphabetical order.
We are making no further
amendments to the May 30, 2002, final
rule.
Under the APA, our normal practice
is to publish rules with a 30-day delay
in effective date. But in this case, we are
using the ‘‘good cause’’ exemption
under 5 U.S.C. 553(d)(3) to make this
rule effective upon publication because
it is only making technical corrections
to the May 30, 2002, special rule and for
the reason just stated above.
Required Determinations
We have reviewed this rule under the
following statutes and Executive Orders
that govern the rulemaking process:
Executive Order 12866 (Regulatory
Planning and Review); Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Small Business Regulatory Enforcement
Fairness Act (5 U.S.C. 804(2));
Unfunded Mandates Reform Act (2
U.S.C. 1501 et seq.); Executive Order
12630 (Takings); Executive Order 13132
(Federalism); Executive Order 12988
(Civil Justice Reform); Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.); National Environmental Policy
Act; Executive Order 13175 (Tribal
Consultation) and 512 DM 2
(Government-to-Government
Relationship With Tribes); and
Executive Order 13211 (Energy Supply,
Distribution, or Use). We have
determined that this rule does not
trigger any of the procedural
requirements of these Executive Orders
or statutes since this rule is only making
technical corrections to the May 30,
2002, special rule.
We, for good cause, have determined
that the public notice and comment
provisions of the Administrative
Procedure Act (APA) (5 U.S.C.
553(b)(3)(B)) are unnecessary for this
rule because it is only making technical
corrections to the May 30, 2002, special
rule. Further delaying the correction of
this rule by engaging in normal public
procedure would be contrary to the
public interest.
I
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Fmt 4700
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List of Subjects in 50 CFR Part 17
Endangered and threatened species,
Exports, Imports, Reporting and
recordkeeping requirements,
Transportation.
Regulations Promulgation
Accordingly, the Service hereby
amends § 17.40 by revising paragraph
(m) to read as follows:
I
PART 17—[AMENDED]
1. The authority citation for part 17
continues to read as follows:
I
Authority: 16 U.S.C. 1361–1407; 16 U.S.C.
1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–
625, 100 Stat. 3500; unless otherwise noted.
2. Amend §17.40 as follows:
a. Revise paragraph (m)(2)(i)(A) to read
as follows; and
I b. Redesignate the second paragraph
(m)(4)(i)(E) and paragraphs (m)(4)(i)(F),
(G), and (H) as paragraphs (m)(4)(i)(F),
(G), (H) and (I), respectively.
I
§ 17.40
Special rules—mammals.
*
*
*
*
*
(m) * * *
(2) * * *
(i) * * *
˜
(A) The vicuna product must comply
with all CITES product annotations as
given in the CITES Secretariat’s official
list of the CITES Appendices, and all
imports, exports, and re-exports of
˜
vicuna products (including raw fiber reexported from, or products
manufactured in, intermediary
countries) must be identified as follows:
(1) Cloth, cloth products, and other
finished products (including luxury
handicrafts and knitted articles not
produced in the country of origin): The
reverse side of cloth, cloth products,
and other finished products (including
luxury handicrafts and knitted articles
not produced in the country of origin),
and samples of any of these items, must
bear the logo adopted by countries
signatory to the ‘‘Convenio para la
´
˜
Conservacion y Manejo de la Vicuna’’
˜
and the words ‘‘VICUNA—(Country of
Origin),’’ where country of origin is the
˜
name of the country where the vicuna
fiber in the products originated, either
Argentina, Bolivia, Chile, or Peru. The
logo and words may be woven into the
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item, or may be on a label sewn into the
item.
(2) Luxury handicrafts and knitted
articles produced in the country of
origin: The luxury handicraft or knitted
article must bear the logo adopted by
countries signatory to the ‘‘Convenio
´
para la Conservacion y Manejo de la
˜
˜
Vicuna’’ and the words ‘‘VICUNA—
(Country of Origin)—ARTESANIA,’’
where country of origin is the name of
˜
the country where the vicuna fiber in
the products, and the products
themselves, originated, either Argentina,
Bolivia, Chile, or Peru. The logo and
words may be woven into the item, or
may be on a label sewn into the item.
(3) Bulk shipments of raw fiber: The
bulk shipment of raw fiber must be
sealed with a tamper-proof seal and
have the following:
(i) An identification tag with a code
identifying the country of origin of the
˜
vicuna fiber and the CITES export
permit number; and
(ii) The logo adopted by countries
signatory to the ‘‘Convenio para la
´
˜
Conservacion y Manejo de la Vicuna’’
˜
and the words ‘‘VICUNA—(Country of
Origin),’’ where country of origin is the
name of the original exporting country
˜
where the vicuna fiber in the products
originated, either Argentina, Bolivia,
Chile, or Peru.
*
*
*
*
*
Dated: March 17, 2005.
Craig Manson,
Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 05–6152 Filed 3–28–05; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 041126332–5039–02; I.D.
032305B]
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
Catcher Vessels Using Trawl Gear in
the Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
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16:55 Mar 28, 2005
Jkt 205001
Atmospheric Administration (NOAA),
Commerce.
ACTION: Modification of a closure.
SUMMARY: NMFS is reopening directed
fishing for Pacific cod by catcher vessels
using trawl gear in the Bering Sea and
Aleutian Islands management area
(BSAI). This action is necessary to
utilize the remaining amount of the
2005 first seasonal allowance of the
Pacific cod total allowable catch (TAC)
specified for catcher vessels using trawl
gear in the BSAI.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), March 29, 2005, through
1200 hrs, A.l.t., April 1, 2005.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI according to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area (FMP) prepared by
the North Pacific Fishery Management
Council under authority of the
Magnuson-Stevens Fishery
Conservation and Management Act.
Regulations governing fishing by U.S.
vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The 2005 first seasonal allowance of
the Pacific cod TAC specified for
catcher vessels using trawl gear in the
BSAI is 31,345 metric tons (mt) as
established by the 2005 and 2006 final
harvest specifications for groundfish in
the BSAI (70 FR 8979, February 24,
2005), for the period 1200 hrs, A.l.t.,
January 1, 2005, through 1200 hrs, A.l.t.,
April 1, 2005. See §§ 679.20(c)(3)(iii),
(c)(5), and (a)(7)(i)(B). In accordance
with § 679.20(d)(1)(iii), the directed
fishery for Pacific cod by catcher vessels
using trawl gear was closed effective
1200 hrs, A.l.t., March 13, 2005 (70 FR
12811, March 16, 2005), because it was
determined that the 2005 first seasonal
allowance of the Pacific cod TAC
specified for catcher vessels using trawl
gear in the BSAI had been caught.
NMFS has determined that as of
March 18, 2005, the remaining amount
of the 2005 first seasonal allowance of
the Pacific cod TAC specified for
catcher vessels using trawl gear in the
BSAI is 2,400 metric tons. Therefore, in
PO 00000
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Fmt 4700
Sfmt 4700
accordance with §§ 679.25(a)(1)(i),
(a)(2)(i)(C) and 679.25(a)(2)(iii)(D),
NMFS is terminating the previous
closure and is reopening directed
fishing for Pacific cod by catcher vessels
using trawl gear in the BSAI effective
1200 hrs, A.l.t., March 29, 2005.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the reopening of the fishery for
the remaining 2005 first seasonal
allowance of the Pacific cod TAC
specified for catcher vessels using trawl
gear in the BSAI
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.20
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 23, 2005.
Alan D. Risenhoover,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 05–6184 Filed 3–24–05; 4:30 pm]
BILLING CODE 3510–22–S
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]]>Agencies
[Federal Register Volume 70, Number 59 (Tuesday, March 29, 2005)]
[Rules and Regulations]
[Pages 15780-15782]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6152]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AE04
Endangered and Threatened Wildlife and Plants; Reclassification
of Certain Vicu[ntilde]a Populations From Endangered to Threatened With
a Special Rule; Technical Amendment
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
SUMMARY: This document amends the special rule for the vicu[ntilde]a
(Vicugna vicugna), as published in the Federal Register on May 30,
2002. The May 30, 2002, special rule allows the importation into the
United States of legal fiber and legal products produced with fiber
from vicu[ntilde]a populations listed as threatened under the U.S.
Endangered Species Act of 1973 (ESA) and in Appendix II of the
Convention on International Trade in Endangered Species of Wild Fauna
and Flora (CITES), if certain conditions are satisfied by the countries
of origin and re-export. This document: (1) Corrects and clarifies the
labeling requirements for legal vicu[ntilde]a fiber and fiber products;
and (2) corrects an inadvertent typographical error in the section on
annual reporting requirements.
DATES: This amendment to the special rule for vicu[ntilde]a is
effective on March 29, 2005.
FOR FURTHER INFORMATION CONTACT: Mr. Robert R. Gabel, Chief, Division
of Scientific Authority, U.S. Fish and Wildlife Service, 18th and C
Streets, NW., Mail Stop ARLSQ-750, Washington, DC 20240; phone: 703-
358-1708; fax: 703-358-2276; e-mail: scientificauthority@fws.gov.
SUPPLEMENTARY INFORMATION:
Background
On May 30, 2002, the U.S. Fish and Wildlife Service (Service),
published a final rule (67 FR 37695) reclassifying the vicu[ntilde]a
(Vicugna vicugna) in Argentina, Bolivia, Chile, and Peru from
endangered to threatened under the ESA. The final rule also established
a special rule (under section 4(d) of the ESA) allowing the importation
into the United States of legal fiber and legal products produced with
fiber from vicu[ntilde]a populations listed as threatened under the Act
and in Appendix II of CITES, if certain conditions are satisfied by the
exporting (range) or re-exporting country. This special rule is
contained in 50 CFR 17.40(m).
The special rule contains errors in two paragraphs: (1) Paragraph
(m)(2)(i)(A) on labeling requirements for legal vicu[ntilde]a fiber and
fiber products; and (2) paragraph (m)(4)(i) on annual reporting
requirements. With this technical amendment, we are correcting existing
errors, as well as making changes to these paragraphs to clarify
language that has been identified as unclear.
Paragraph (m)(2)(i)(A) addresses labeling requirements for legal
vicu[ntilde]a fiber and fiber products. The special rule is perhaps not
explicit enough in explaining that labeling requirements pertain to all
imports, exports, and re-exports. We are amending paragraph
(m)(2)(i)(A) to explicitly state that labeling requirements pertain to
all imports, exports, and re-exports, including raw fiber re-exported
from, or products manufactured in, intermediary countries.
Paragraph (m)(2)(i)(A)(1) specifies that cloth and cloth products
must bear the logo adopted by countries signatory to the ``Convenio
para la Conservaci[oacute]n y Manejo de la Vicu[ntilde]a,'' and the
words ``VICU[Ntilde]A-(Country of Origin)'' (where country of origin is
the name of the original exporting country where the vicu[ntilde]a
fiber in the products originated, either Argentina, Bolivia, or Chile)
or ``VICU[Ntilde]A-PERU-ARTESANIA'' (for Peru only). However, the words
``VICU[Ntilde]A-PERU-ARTESANIA'' have never been used to label cloth
and cloth products from Peru. Peru uses the words ``VICU[Ntilde]A-
PERU'' for these products. We are amending paragraph (m)(2)(i)(A)(1) to
reflect that only the words ``VICU[Ntilde]A-(Country of Origin)'' are
used for cloth and cloth products.
In addition, paragraph (m)(2)(i)(A)(1) does not specify how the
logo and
[[Page 15781]]
words must appear on the cloth or cloth product. We are amending
paragraph (m)(2)(i)(A)(1) to clarify that the logo and words may be
stitched into the cloth or may appear on a sewn-in label.
Finally, paragraph (m)(2)(i)(A)(1) does not explicitly state that
the labeling requirement also pertains to samples of cloth or samples
of cloth products, as well as to other manufactured goods not
specifically covered in subsequent paragraphs. We are amending
paragraph (m)(2)(i)(A)(1) to clarify that samples and other
manufactured goods can be imported only if they meet the same
requirements as cloth and cloth products.
Paragraph (m)(2)(i)(A)(2) describes the labeling requirements for
finished vicu[ntilde]a products (including luxury handicrafts and
knitted articles) and any bulk shipments of raw fiber. It specifies
that finished vicu[ntilde]a products (including luxury handicrafts and
knitted articles) and any bulk shipments of raw fiber must ``have a
seal or identification tag with codes describing the origin of the
vicu[ntilde]a product, the trademark or label (``VICU[Ntilde]A-(Country
of Origin)'' (where country of origin is the name of the original
exporting country where the vicu[ntilde]a fiber in the products
originated, either Argentina, Bolivia, or Chile) or ``VICU[Ntilde]A-
PERU-ARTESANIA'' (for Peru only), and the CITES export permit number,
where country of origin is the name of the original exporting country
where the vicu[ntilde]a fiber in the products originated.'' However, as
a result of a proposal adopted at the 10th Meeting of the Conference of
the Parties to CITES, luxury handicrafts and knitted articles produced
by native craftpersons within the country of origin should bear the
label ``VICU[Ntilde]A-(Country of Origin)-ARTESANIA.'' This label does
not apply to all finished vicu[ntilde]a products, but only to luxury
handicrafts and knitted articles made by native craftpersons in the
country of origin. In addition, these products must have the logo
adopted by countries signatory to the ``Convenio para la
Conservaci[oacute]n y Manejo de la Vicu[ntilde]a.'' We are amending
paragraph (m)(2)(i)(A)(2) to reflect that only luxury handicrafts and
knitted articles made in the country of origin can have the label
``VICU[Ntilde]A-(Country of Origin)-ARTESANIA,'' and that these
articles must also have the logo adopted by countries signatory to the
``Convenio para la Conservaci[oacute]n y Manejo de la Vicu[ntilde]a.''
We are also amending paragraph (m)(2)(i)(A)(2) to clarify that the logo
and words may be woven into the item or may appear on a sewn-in label.
In addition, paragraph (m)(2)(i)(A)(2) states that the shipment
must have a seal or identification tag with codes describing the origin
of the vicu[ntilde]a product and the CITES export permit number. It is
not clear that this requirement pertains only to bulk shipments of raw
fiber. We are amending the special rule, specifically by adding a new
paragraph (m)(2)(i)(A)(3), to clarify that only bulk fiber shipments
are subject to this requirement and to clarify the labeling information
that is being required.
Paragraph (m)(4)(i) of the special rule describes the annual
reporting requirement for range country governments wishing to export
specimens of vicu[ntilde]a to the United States. In the list of types
of information required in the annual report, we inadvertently labeled
two paragraphs with the letter (E). Through this document, we are
correcting the text in 50 CFR 17.40(m), paragraph (4)(i), to eliminate
the duplicate (E) and to label each subparagraph in correct
alphabetical order.
We are making no further amendments to the May 30, 2002, final
rule.
Required Determinations
We have reviewed this rule under the following statutes and
Executive Orders that govern the rulemaking process: Executive Order
12866 (Regulatory Planning and Review); Regulatory Flexibility Act (5
U.S.C. 601 et seq.); Small Business Regulatory Enforcement Fairness Act
(5 U.S.C. 804(2)); Unfunded Mandates Reform Act (2 U.S.C. 1501 et
seq.); Executive Order 12630 (Takings); Executive Order 13132
(Federalism); Executive Order 12988 (Civil Justice Reform); Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.); National Environmental
Policy Act; Executive Order 13175 (Tribal Consultation) and 512 DM 2
(Government-to-Government Relationship With Tribes); and Executive
Order 13211 (Energy Supply, Distribution, or Use). We have determined
that this rule does not trigger any of the procedural requirements of
these Executive Orders or statutes since this rule is only making
technical corrections to the May 30, 2002, special rule.
We, for good cause, have determined that the public notice and
comment provisions of the Administrative Procedure Act (APA) (5 U.S.C.
553(b)(3)(B)) are unnecessary for this rule because it is only making
technical corrections to the May 30, 2002, special rule. Further
delaying the correction of this rule by engaging in normal public
procedure would be contrary to the public interest.
Under the APA, our normal practice is to publish rules with a 30-
day delay in effective date. But in this case, we are using the ``good
cause'' exemption under 5 U.S.C. 553(d)(3) to make this rule effective
upon publication because it is only making technical corrections to the
May 30, 2002, special rule and for the reason just stated above.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulations Promulgation
0
Accordingly, the Service hereby amends Sec. 17.40 by revising
paragraph (m) to read as follows:
PART 17--[AMENDED]
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.
0
2. Amend Sec. 17.40 as follows:
0
a. Revise paragraph (m)(2)(i)(A) to read as follows; and
0
b. Redesignate the second paragraph (m)(4)(i)(E) and paragraphs
(m)(4)(i)(F), (G), and (H) as paragraphs (m)(4)(i)(F), (G), (H) and
(I), respectively.
Sec. 17.40 Special rules--mammals.
* * * * *
(m) * * *
(2) * * *
(i) * * *
(A) The vicu[ntilde]a product must comply with all CITES product
annotations as given in the CITES Secretariat's official list of the
CITES Appendices, and all imports, exports, and re-exports of
vicu[ntilde]a products (including raw fiber re-exported from, or
products manufactured in, intermediary countries) must be identified as
follows:
(1) Cloth, cloth products, and other finished products (including
luxury handicrafts and knitted articles not produced in the country of
origin): The reverse side of cloth, cloth products, and other finished
products (including luxury handicrafts and knitted articles not
produced in the country of origin), and samples of any of these items,
must bear the logo adopted by countries signatory to the ``Convenio
para la Conservaci[oacute]n y Manejo de la Vicu[ntilde]a'' and the
words ``VICU[Ntilde]A--(Country of Origin),'' where country of origin
is the name of the country where the vicu[ntilde]a fiber in the
products originated, either Argentina, Bolivia, Chile, or Peru. The
logo and words may be woven into the
[[Page 15782]]
item, or may be on a label sewn into the item.
(2) Luxury handicrafts and knitted articles produced in the country
of origin: The luxury handicraft or knitted article must bear the logo
adopted by countries signatory to the ``Convenio para la
Conservaci[oacute]n y Manejo de la Vicu[ntilde]a'' and the words
``VICU[Ntilde]A--(Country of Origin)--ARTESANIA,'' where country of
origin is the name of the country where the vicu[ntilde]a fiber in the
products, and the products themselves, originated, either Argentina,
Bolivia, Chile, or Peru. The logo and words may be woven into the item,
or may be on a label sewn into the item.
(3) Bulk shipments of raw fiber: The bulk shipment of raw fiber
must be sealed with a tamper-proof seal and have the following:
(i) An identification tag with a code identifying the country of
origin of the vicu[ntilde]a fiber and the CITES export permit number;
and
(ii) The logo adopted by countries signatory to the ``Convenio para
la Conservaci[oacute]n y Manejo de la Vicu[ntilde]a'' and the words
``VICU[Ntilde]A--(Country of Origin),'' where country of origin is the
name of the original exporting country where the vicu[ntilde]a fiber in
the products originated, either Argentina, Bolivia, Chile, or Peru.
* * * * *
Dated: March 17, 2005.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 05-6152 Filed 3-28-05; 8:45 am]
BILLING CODE 4310-55-P
