Notice of Request for Approval of an Information Collection; Lacey Act; Definitions for Exempt and Regulated Articles, 61846-61847 [2014-24530]
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61846
Notices
Federal Register
Vol. 79, No. 199
Wednesday, October 15, 2014
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
[Docket No. APHIS–2014–0082]
Notice of Request for Approval of an
Information Collection; Lacey Act;
Definitions for Exempt and Regulated
Articles
Animal and Plant Health
Inspection Service, USDA.
ACTION: New information collection;
comment request.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, this
notice announces the Animal and Plant
Health Inspection Service’s intention to
request approval of a new information
collection required by the Lacey Act
concerning definitions for exempt and
regulated articles.
DATES: We will consider all comments
that we receive on or before December
15, 2014.
ADDRESSES: You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/
#!docketDetail;D=APHIS-2014-0082.
• Postal Mail/Commercial Delivery:
Send your comment to Docket No.
APHIS–2014–0082, Regulatory Analysis
and Development, PPD, APHIS, Station
3A–03.8, 4700 River Road, Unit 118,
Riverdale, MD 20737–1238.
Supporting documents and any
comments we receive on this docket
may be viewed at https://
www.regulations.gov/
#!docketDetail;D=APHIS-2014-0082 or
in our reading room, which is located in
Room 1141 of the USDA South
Building, 14th Street and Independence
Avenue SW., Washington, DC. Normal
reading room hours are 8 a.m. to 4:30
p.m., Monday through Friday, except
holidays. To be sure someone is there to
help you, please call (202) 799–7039
before coming.
tkelley on DSK3SPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:00 Oct 14, 2014
Jkt 235001
For
information on the Lacey Act
definitions for exempt and regulated
articles, contact Ms. Parul Patel, Senior
Agriculturalist, Regulations, Permits,
and Manuals, PPQ, APHIS, 4700 River
Road, Unit 60, Riverdale, MD 20737;
(301) 851–2351. For copies of more
detailed information on the information
collection, contact Ms. Kimberly Hardy,
APHIS’ Information Collection
Coordinator, at (301) 851–2727.
SUPPLEMENTARY INFORMATION:
Title: Lacey Act; Definitions for
Exempt and Regulated Articles.
OMB Control Number: 0579–0XXX.
Type of Request: Approval of a new
information collection.
Abstract: The Lacey Act, as amended,
makes it unlawful to import, export,
transport, sell, receive, acquire, or
purchase in interstate or foreign
commerce any plant, with some limited
exceptions, taken, possessed,
transported, or sold in violation of the
laws of the United States, a State, an
Indian tribe, or any foreign law that
protects plants. The Act also makes it
unlawful to make or submit any false
record, account, or label for, or any false
identification of, any plant covered by
the Act.
In addition, section 3 of the Act
makes it unlawful to import certain
plants and plant products without an
import declaration, which must contain,
among other things, the scientific name
of the plant, value of the importation,
quantity of the plant, and name of the
country in which the plant was
harvested. In addition, there is a
supplemental form that must be
completed if additional space is needed
to declare additional plants and plant
products. Also, records of the import
declaration and supplemental form
must be retained for at least 5 years.
These collection activities have been
approved by the Office of Management
and Budget (OMB) under OMB control
number 0579–0349.
Common cultivars and common food
crops are among the categorical
exclusions to the provisions of the Act.
The U.S. Department of Agriculture’s
Animal and Plant Health Inspection
Service (APHIS) maintains a list of
common cultivars and common food
crops that is available on the APHIS
Web site at https://www.aphis.usda.gov/
plant_health/lacey_act/index.shtml.
This list is not exhaustive. In fact, in an
FOR FURTHER INFORMATION CONTACT:
PO 00000
Frm 00001
Fmt 4703
Sfmt 4703
interim final rule 1 published in the
Federal Register on July 9, 2013 (78 FR
40940–40945, Docket No. APHIS–2009–
0018), we advised the public that
inquiries about specific taxa or
commodities and requests to add taxa or
commodities to the list, or remove them
from the list, be sent in writing to
APHIS and include information as to
the scientific name of the plant (genus,
species), common or trade names,
annual trade volume (e.g., cubic meters)
or weight (e.g., metric tons/kilograms) of
the commodity, and any other
information that will help us make a
determination, such as countries or
regions where grown, estimated number
of acres or hectares in commercial
production, and so on.
When we listed the above information
needs, we inadvertently did not obtain
OMB approval nor did we add it to
OMB control number 0579–0349. We
are asking OMB to approve our use of
this information collection for 3 years
and assign an OMB control number.
Eventually, we will combine this
collection with OMB control number
0579–0349, subject to OMB approval.
The purpose of this notice is to solicit
comments from the public (as well as
affected agencies) concerning our
information collection. These comments
will help us:
(1) Evaluate whether the collection of
information is necessary for the proper
performance of the functions of the
Agency, including whether the
information will have practical utility;
(2) Evaluate the accuracy of our
estimate of the burden of the collection
of information, including the validity of
the methodology and assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, through use, as
appropriate, of automated, electronic,
mechanical, and other collection
technologies; e.g., permitting electronic
submission of responses.
Estimate of burden: The public
reporting burden for this collection of
information is estimated to average 1
hour per response.
Respondents: Importers of certain
plants and plant products.
1 To view the interim final rule and the comments
we received, go to https://www.regulations.gov/
#!docketDetail;D=APHIS-2009-0018.
E:\FR\FM\15OCN1.SGM
15OCN1
Federal Register / Vol. 79, No. 199 / Wednesday, October 15, 2014 / Notices
Estimated annual number of
respondents: 5.
Estimated annual number of
responses per respondent: 1.
Estimated annual number of
responses: 5.
Estimated total annual burden on
respondents: 5 hours. (Due to averaging,
the total annual burden hours may not
equal the product of the annual number
of responses multiplied by the reporting
burden per response.)
All responses to this notice will be
summarized and included in the request
for OMB approval. All comments will
also become a matter of public record.
Done in Washington, DC, this 8th day of
October 2014.
Kevin Shea,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. 2014–24530 Filed 10–14–14; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
[Docket No. APHIS–2014–0080]
Notice of Request for Revision to and
Extension of Approval of an
Information Collection; Endangered
Species Regulations and Forfeiture
Procedures
Animal and Plant Health
Inspection Service, USDA.
ACTION: Revision to and extension of
approval of an information collection;
comment request.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, this
notice announces the Animal and Plant
Health Inspection Service’s intention to
request a revision to and extension of
approval of an information collection
associated with the regulations for
protection of endangered species of
terrestrial plants and for procedures
related to the forfeiture of plants or
other property.
DATES: We will consider all comments
that we receive on or before December
15, 2014.
ADDRESSES: You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/
#!docketDetail;D=APHIS-2014-0080.
• Postal Mail/Commercial Delivery:
Send your comment to Docket No.
APHIS–2014–0080, Regulatory Analysis
and Development, PPD, APHIS, Station
3A–03.8, 4700 River Road, Unit 118,
Riverdale, MD 20737–1238.
tkelley on DSK3SPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:00 Oct 14, 2014
Jkt 235001
Supporting documents and any
comments we receive on this docket
may be viewed at https://
www.regulations.gov/
#!docketDetail;D=APHIS-2014-0080 or
in our reading room, which is located in
Room 1141 of the USDA South
Building, 14th Street and Independence
Avenue SW., Washington, DC. Normal
reading room hours are 8 a.m. to 4:30
p.m., Monday through Friday, except
holidays. To be sure someone is there to
help you, please call (202) 799–7039
before coming.
FOR FURTHER INFORMATION CONTACT: For
information on the regulations to protect
endangered species of terrestrial plants
and forfeiture procedures, contact Dr.
John Veremis, National CITES Director,
PHP, PPQ, APHIS, 4700 River Road,
Unit 52, Riverdale, MD 20737; (301)
851–2347. For copies of more detailed
information on the information
collection, contact Ms. Kimberly Hardy,
APHIS’ Information Collection
Coordinator, at (301) 851–2727.
SUPPLEMENTARY INFORMATION:
Title: Endangered Species Regulations
and Forfeiture Procedures.
OMB Control Number: 0579–0076.
Type of Request: Revision to and
extension of approval of an information
collection.
Abstract: Under the Endangered
Species Act of 1973, as amended (16
U.S.C. 1531 et seq.), the U.S.
Department of Agriculture (USDA) is
responsible for enforcing provisions of
the Act and the Convention on
International Trade in Endangered
Species of Wild Fauna and Flora
(CITES) that pertain to the importation,
exportation, or reexportation of plants.
As part of this mission, USDA’s
Animal and Plant Health Inspection
Services (APHIS) administers the
regulations in 7 CFR part 355,
‘‘Endangered Species Regulations
Concerning Terrestrial Plants.’’ In
accordance with these regulations, any
individual, nursery, or other entity
wishing to engage in the business of
importing, exporting, or reexporting
terrestrial plants listed in the CITES
regulations at 50 CFR 17.12 or 23.23
must obtain a protected plant permit
from APHIS. Such entities include
importers, exporters, or reexporters who
sell, barter, collect, or otherwise
exchange or acquire terrestrial plants as
a livelihood or enterprise engaged in for
gain or profit. The requirement does not
apply to persons engaged in business
merely as carriers or customhouse
brokers.
To obtain a protected plant permit,
entities must complete an application
(Plant Protection and Quarantine (PPQ)
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
61847
Form 621) and submit it to APHIS for
approval. When a permit has been
issued, the plants covered by the permit
may be imported into the United States,
exported, or reexported, provided they
are accompanied by documentation
required by the regulations and all other
conditions of the regulations are met.
Effectively regulating entities who are
engaged in the business of importing,
exporting, or reexporting endangered
species of terrestrial plants requires the
use of this application process, as well
as the use of other information
collection activities including, but not
limited to, notifying APHIS of the
impending importation, exportation, or
reexportation of the plants; marking
containers used for the importation,
exportation, or reexportation of the
plants; and creating and maintaining
records of importation, exportation, and
reexportation.
APHIS also administers regulations at
7 CFR part 356, ‘‘Forfeiture
Procedures,’’ which sets out procedures
for the forfeiture of plants or other
property by entities found to be in
violation of the Endangered Species Act
or the Lacey Act Amendments of 1981
(16 U.S.C. 3371 et seq.). Entities whose
property is subject to forfeiture may file
with APHIS a waiver of forfeiture
procedures, a petition for remission or
mitigation of forfeiture, or a request for
release of property.
The information provided by these
information collection activities is
critical to APHIS’ ability to carry out its
responsibilities under the Endangered
Species Act and the Lacey Act. These
responsibilities include monitoring
importation, exportation, and
reexportation activities involving
endangered species of plants, as well as
the investigation of possible violations
and the forfeiture of plants or other
property. However, since the last
approval of this collection, APHIS no
longer requires completion of PPQ Form
625 (Claim and Bond) due to
implementation of the Civil Asset
Forfeiture Reform Act.
We are asking the Office of
Management and Budget (OMB) to
approve these information collection
activities, as described, for an additional
3 years.
The purpose of this notice is to solicit
comments from the public (as well as
affected agencies) concerning our
information collection. These comments
will help us:
(1) Evaluate whether the collection of
information is necessary for the proper
performance of the functions of the
Agency, including whether the
information will have practical utility;
E:\FR\FM\15OCN1.SGM
15OCN1
Agencies
[Federal Register Volume 79, Number 199 (Wednesday, October 15, 2014)]
[Notices]
[Pages 61846-61847]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24530]
========================================================================
Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
========================================================================
Federal Register / Vol. 79, No. 199 / Wednesday, October 15, 2014 /
Notices
[[Page 61846]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2014-0082]
Notice of Request for Approval of an Information Collection;
Lacey Act; Definitions for Exempt and Regulated Articles
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: New information collection; comment request.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this
notice announces the Animal and Plant Health Inspection Service's
intention to request approval of a new information collection required
by the Lacey Act concerning definitions for exempt and regulated
articles.
DATES: We will consider all comments that we receive on or before
December 15, 2014.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/#!docketDetail;D=APHIS-2014-0082.
Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2014-0082, Regulatory Analysis and Development, PPD,
APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-
1238.
Supporting documents and any comments we receive on this docket may
be viewed at https://www.regulations.gov/#!docketDetail;D=APHIS-2014-
0082 or in our reading room, which is located in Room 1141 of the USDA
South Building, 14th Street and Independence Avenue SW., Washington,
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through
Friday, except holidays. To be sure someone is there to help you,
please call (202) 799-7039 before coming.
FOR FURTHER INFORMATION CONTACT: For information on the Lacey Act
definitions for exempt and regulated articles, contact Ms. Parul Patel,
Senior Agriculturalist, Regulations, Permits, and Manuals, PPQ, APHIS,
4700 River Road, Unit 60, Riverdale, MD 20737; (301) 851-2351. For
copies of more detailed information on the information collection,
contact Ms. Kimberly Hardy, APHIS' Information Collection Coordinator,
at (301) 851-2727.
SUPPLEMENTARY INFORMATION:
Title: Lacey Act; Definitions for Exempt and Regulated Articles.
OMB Control Number: 0579-0XXX.
Type of Request: Approval of a new information collection.
Abstract: The Lacey Act, as amended, makes it unlawful to import,
export, transport, sell, receive, acquire, or purchase in interstate or
foreign commerce any plant, with some limited exceptions, taken,
possessed, transported, or sold in violation of the laws of the United
States, a State, an Indian tribe, or any foreign law that protects
plants. The Act also makes it unlawful to make or submit any false
record, account, or label for, or any false identification of, any
plant covered by the Act.
In addition, section 3 of the Act makes it unlawful to import
certain plants and plant products without an import declaration, which
must contain, among other things, the scientific name of the plant,
value of the importation, quantity of the plant, and name of the
country in which the plant was harvested. In addition, there is a
supplemental form that must be completed if additional space is needed
to declare additional plants and plant products. Also, records of the
import declaration and supplemental form must be retained for at least
5 years. These collection activities have been approved by the Office
of Management and Budget (OMB) under OMB control number 0579-0349.
Common cultivars and common food crops are among the categorical
exclusions to the provisions of the Act. The U.S. Department of
Agriculture's Animal and Plant Health Inspection Service (APHIS)
maintains a list of common cultivars and common food crops that is
available on the APHIS Web site at https://www.aphis.usda.gov/plant_health/lacey_act/index.shtml. This list is not exhaustive. In
fact, in an interim final rule \1\ published in the Federal Register on
July 9, 2013 (78 FR 40940-40945, Docket No. APHIS-2009-0018), we
advised the public that inquiries about specific taxa or commodities
and requests to add taxa or commodities to the list, or remove them
from the list, be sent in writing to APHIS and include information as
to the scientific name of the plant (genus, species), common or trade
names, annual trade volume (e.g., cubic meters) or weight (e.g., metric
tons/kilograms) of the commodity, and any other information that will
help us make a determination, such as countries or regions where grown,
estimated number of acres or hectares in commercial production, and so
on.
---------------------------------------------------------------------------
\1\ To view the interim final rule and the comments we received,
go to https://www.regulations.gov/#!docketDetail;D=APHIS-2009-0018.
---------------------------------------------------------------------------
When we listed the above information needs, we inadvertently did
not obtain OMB approval nor did we add it to OMB control number 0579-
0349. We are asking OMB to approve our use of this information
collection for 3 years and assign an OMB control number. Eventually, we
will combine this collection with OMB control number 0579-0349, subject
to OMB approval.
The purpose of this notice is to solicit comments from the public
(as well as affected agencies) concerning our information collection.
These comments will help us:
(1) Evaluate whether the collection of information is necessary for
the proper performance of the functions of the Agency, including
whether the information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
collection of information, including the validity of the methodology
and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the collection of information on those
who are to respond, through use, as appropriate, of automated,
electronic, mechanical, and other collection technologies; e.g.,
permitting electronic submission of responses.
Estimate of burden: The public reporting burden for this collection
of information is estimated to average 1 hour per response.
Respondents: Importers of certain plants and plant products.
[[Page 61847]]
Estimated annual number of respondents: 5.
Estimated annual number of responses per respondent: 1.
Estimated annual number of responses: 5.
Estimated total annual burden on respondents: 5 hours. (Due to
averaging, the total annual burden hours may not equal the product of
the annual number of responses multiplied by the reporting burden per
response.)
All responses to this notice will be summarized and included in the
request for OMB approval. All comments will also become a matter of
public record.
Done in Washington, DC, this 8th day of October 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-24530 Filed 10-14-14; 8:45 am]
BILLING CODE 3410-34-P