Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Declaration for Importation or Exportation of Fish or Wildlife, 36616-36619 [2019-15987]
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36616
Federal Register / Vol. 84, No. 145 / Monday, July 29, 2019 / Notices
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R8–ES–2019–0064;
FXES11140900000 190]
Endangered and Threatened Species;
Receipt of an Incidental Take Permit
Application and Low-Effect Habitat
Conservation Plan for the Desert
Tortoise; High Desert Solar Project,
San Bernardino County, California;
Correction
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability; request
for public comments.
AGENCY:
On July 22, 2019, we, the U.S.
Fish and Wildlife Service, announced
via a Federal Register notice the
availability for public comment of a
low-effect habitat conservation plan
(HCP) for the desert tortoise in San
Bernardino County, California. Our
Federal Register notice inadvertently
did not give the correct contact name
and phone number and incorrectly
identified the HCP as the High Desert
Power Project. The correct name is the
High Desert Solar Project. In this notice,
we correct those errors. We also wish to
provide an additional source for the
public to use to access the documents.
Finally, while the original end date for
the comment period was August 21,
2019, we are extending the comment
period to August 26, 2019, because of
the errors in our original notice.
DATES: To ensure consideration, please
submit your written comments by
August 26, 2019.
ADDRESSES:
Obtaining Documents: The documents
this notice announces, as well as any
comments and other materials that we
receive, are available for public
inspection online at the following
websites:
• https://www.regulations.gov (in Docket
No. FWS–R8–ES–2019–0064)
• https://www.fws.gov/carlsbad/HCPs/
HCP_Docs.html
Submitting Comments: You may
submit comments by one of the
following methods:
• Online: https://www.regulations.gov.
Follow the instructions for submitting
comments on Docket No. FWS–R8–ES–
2019–0064.
• U.S. mail or hand-delivery: Public
Comments Processing, Attn: Docket No.
FWS–R8–ES–2019–0064; U.S. Fish and
Wildlife Service, MS: JAO/1N; 5275
Leesburg Pike, Falls Church, VA 22041–
3803.
We request that you send comments
by only the methods described above.
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SUMMARY:
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Brian Croft, Mojave Desert Division
Chief, Palm Springs Fish and Wildlife
Office, by phone at 760–322–2070 or via
email at Brian_Croft@fws.gov. If you use
a telecommunications device for the
deaf, hard-of-hearing, or speech
disabled, please call the Federal Relay
Service at 800–877–8339.
On July
22, 2019, we, the U.S. Fish and Wildlife
Service, announced via a Federal
Register notice the availability for
public comment of a low-effect habitat
conservation plan (HCP) for the desert
tortoise in San Bernardino County,
California. Our Federal Register notice
inadvertently did not give the correct
contact name and phone number and
incorrectly identified the HCP as the
High Desert Power Project. The Correct
name is the High Desert Solar Project. In
this notice, we correct those errors. We
also wish to provide an additional
source for the public to use to access the
documents.
SUPPLEMENTARY INFORMATION:
Corrections
In our July 22, 2019, notice (84 FR
35123), we did not provide the correct
contact information in FOR FURTHER
INFORMATION CONTACT. Please see
corrected information above.
We also wish to provide an additional
website at which the public can access
the documents (see ADDRESSES).
Finally, while the original end date
for the comment period was August 21,
2019, we are extending the comment
period to August 26, 2019, because of
the errors in our original notice.
Authority
We provide this notice in accordance
with the requirements of section 10(c) of
the Endangered Species Act (16 U.S.C.
1531 et seq.) and its implementing
regulations (50 CFR 17.22 and 17.32)
and the National Environmental Policy
Act (42 U.S.C. 4321 et seq.) and its
implementing regulations (40 CFR
1506.6).
Dated: July 24, 2019.
Sara Prigan,
Federal Register Liaison, U.S. Fish and
Wildlife Service.
[FR Doc. 2019–15993 Filed 7–26–19; 8:45 am]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–HQ–LE–2019–N065; FF09L00200–FX–
LE18110900000; OMB Control Number
1018–0012]
Agency Information Collection
Activities; Submission to the Office of
Management and Budget for Review
and Approval; Declaration for
Importation or Exportation of Fish or
Wildlife
Fish and Wildlife Service,
Interior.
ACTION: Notice of information collection;
request for comment.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, we,
the U.S. Fish and Wildlife Service
(Service), are proposing to renew an
information collection.
DATES: Interested persons are invited to
submit comments on or before August
28, 2019.
ADDRESSES: Send written comments on
this information collection request (ICR)
to the Office of Management and
Budget’s Desk Officer for the
Department of the Interior by email at
OIRA_Submission@omb.eop.gov; or via
facsimile to (202) 395–5806. Please
provide a copy of your comments to the
Service Information Collection
Clearance Officer, U.S. Fish and
Wildlife Service, MS: AMAD–ARM–
PPM, 5275 Leesburg Pike, Falls Church,
VA 22041–3803 (mail); or by email to
Info_Coll@fws.gov. Please reference
OMB Control Number 1018–0012 in the
subject line of your comments.
FOR FURTHER INFORMATION CONTACT: To
request additional information about
this ICR, contact Madonna L. Baucum,
Service Information Collection
Clearance Officer, by email at Info_
Coll@fws.gov, or by telephone at (703)
358–2503. You may also view the ICR
at https://www.reginfo.gov/public/do/
PRAMain.
SUMMARY:
In
accordance with the Paperwork
Reduction Act of 1995, we provide the
general public and other Federal
agencies with an opportunity to
comment on new, proposed, revised,
and continuing collections of
information. This helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. It also helps the
public understand our information
collection requirements and provide the
requested data in the desired format.
On February 1, 2019, we published a
Federal Register notice soliciting
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 84, No. 145 / Monday, July 29, 2019 / Notices
comments on this collection of
information for 60 days, ending on April
2, 2019 (84 FR 1197). We received the
following comments in response to the
Federal Register notice:
Comment 1: Email comment received
on February 1, 2019. The commenter
requested the law be changed to
prohibit international trophy hunting.
FWS Response to Comment 1: These
comments did not address the collection
of information using Form 3–177 and
the related burden. No action taken.
Comment 2: Email comment on behalf
of Robertson, Monagle & Eastaugh,
received March 29, 2019. The author
requested the Service revise its user fee
system as it applies to commercial squid
fisheries.
FWS Response to Comment 2: These
comments did not address the collection
of information using Form 3–177 and
the related burden. Adoption of these
comments would require a proposed
rule to revise 50 CFR part 14. A Service
rulemaking action would be a process
separate from these information
collection requirements.
Comment 3: Email comment on behalf
of the Humane Society of the United
States, received April 1, 2019. The
comments were supportive of the need
to collect information using Form 3–177
and our estimation of the related
burden. However, the commenter raised
the concern that submission of
information through U.S. Customs and
Border Protection’s (CBP) Automated
Commercial Environment (ACE),
including the use of Census’ Automated
Export System (AES), could result in the
information possibly being no longer
available to enable the Service to
implement its legislative and CITES
Treaty obligations, and that the
information might be no longer
available to the public to exercise their
rights to petition the government or take
other actions.
FWS Response to Comment 3: The
submission of information through
CBP’s ACE and AES systems will not
result in a loss of data impacting the
Service’s ability to meet its obligations
or the ability of the public to exercise
their rights. Rather, we will re-route this
information for entry into the Service’s
Law Enforcement Management
Information System (LEMIS).
Comment 4: Letter dated March 28,
2019, on behalf of Friends of Animals,
received by the Service on April 2,
2019. These comments addressed the
Service’s Low Risk Fee Exemption
Program and its negative impact on
wildlife resources and the Service’s
inspection program.
FWS Response to Comment 4: These
comments did not address the collection
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of information using Form 3–177 and
the related burden. Adoption of these
comments would require a proposed
rule to revise 50 CFR part 14. A Service
rulemaking action would be a process
separate from these information
collection requirements.
Comment 5: Email on behalf of Safari
Club International (SCI), dated April 2,
2019. SCI’s comments did not address
the collection of information using Form
3–177 and the related burden. Rather,
these comments addressed the
disclosure of personal information
contained on Form 3–177 and found in
LEMIS. See below for descriptions of
and FWS responses to the comments.
FWS Response to Comment 5: SCI
requested changes to Form 3–177 and
its supporting information, requesting
that the Service amend Form 3–177 to
include a statement, to which the
respondent could opt to agree, that the
Service must maintain information
contained on Form 3–177 in confidence
and that we will not disclose the
information in response to requests
made under the Freedom of Information
Act (FOIA) or any other law. However,
the Service cannot include such an
amendment to Form 3–177, because we
must release information included on
the form when requested, subject to the
provisions of the FOIA.
In addition, SCI requested revisions to
the language to the supporting
information contained on Form 3–177,
in particular, the ‘‘Routine Uses’’ and
‘‘Disclosure’’ text on the Notices page.
SCI requested that the information
included on Form 3–177 only be used
for law enforcement purposes, and that
information other than personal
information may be subject to disclosure
under the FOIA. The Service cannot
include such a revision because we
must release information included on
the form when requested, subject to the
provisions of the FOIA. SCI also
requested additional revisions to the
language to the supporting information
contained on Form 3–177, in particular,
the ‘‘Disclosure’’ and ‘‘Paperwork
Reduction Act Statement’’ text on the
Notices page. SCI requested that the
language used in these statements be
revised to indicate that the information
requested on the form is involuntary,
rather than voluntary. However, the
Service considers the information
requested on the form to be voluntary,
in order to obtain or retain a benefit.
We are again soliciting comments on
the proposed ICR that is described
below. We are especially interested in
public comment addressing the
following issues: (1) Is the collection
necessary to the proper functions of the
Service; (2) will this information be
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36617
processed and used in a timely manner;
(3) is the estimate of burden accurate;
(4) how might the Service enhance the
quality, utility, and clarity of the
information to be collected; and (5) how
might the Service minimize the burden
of this collection on the respondents,
including through the use of
information technology.
Comments that you submit in
response to this notice are a matter of
public record. Before including your
address, phone number, email address,
or other personal identifying
information in your comment, you
should be aware that your entire
comment—including your personal
identifying information—may be
publicly available at any time. While
you can ask us in your comment to
withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Abstract: The Endangered Species Act
(Act; 16 U.S.C. 1531 et seq.) makes it
unlawful to import or export fish,
wildlife, or plants without filing a
declaration or report deemed necessary
for enforcing the Act or upholding the
Convention on International Trade in
Endangered Species (CITES) (see 16
U.S.C. 1538(e)). With a few exceptions,
businesses, individuals, or government
agencies importing into or exporting
from the United States any fish,
wildlife, or wildlife product must
complete and submit to the Service an
FWS Form 3–177 (Declaration for
Importation or Exportation of Fish or
Wildlife). This form, as well as FWS
Form 3–177a (Continuation Sheet) and
instructions for completion, are
available for electronic submission at
https://edecs.fws.gov. These forms are
also available in fillable format at https://
www.fws.gov/forms/. The information
that we collect is unique to each
wildlife shipment and enables us to:
• Accurately inspect the contents of
the shipment;
• Enforce any regulations that pertain
to the fish, wildlife, or wildlife products
contained in the shipment; and
• Maintain records of the importation
and exportation of these commodities.
Businesses or individuals must file
FWS Forms 3–177 and 3–177a with us
at the time when and at the port where
they request clearance of the import or
export of wildlife or wildlife products.
Our regulations allow certain species of
wildlife to be imported or exported
between the United States and Canada
or Mexico at U.S. Customs and Border
Protection ports, even though our
wildlife inspectors may not be present.
In these instances, importers and
exporters may file the forms with U.S.
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Federal Register / Vol. 84, No. 145 / Monday, July 29, 2019 / Notices
Customs and Border Protection. We
collect the following information:
(1) Name of the importer or exporter
and broker.
(2) Scientific and common name of
the fish or wildlife.
(3) Permit numbers (if permits are
required).
(4) Description, quantity, and value of
the fish or wildlife.
(5) Natural country of origin of the
fish or wildlife.
In addition, certain information, such
as the airway bill or bill of lading
number, the location of the shipment
containing the fish or wildlife for
inspection, and the number of cartons
containing fish or wildlife, assists our
wildlife inspectors if a physical
examination of the shipment is
necessary.
In 2009, we implemented a new user
fee system intended to recover the costs
of the compliance portion of the wildlife
inspection program. Since that time, we
have been made aware that we may
have placed an undue economic burden
on businesses that exclusively trade in
small volumes of low-value, nonfederally protected wildlife parts and
products. To address this issue, we
implemented a program that exempts
certain businesses from the designated
port base inspection fees as an interim
measure while we reassess the current
user fee system. Businesses that possess
a valid Service import/export license
may request to participate in the fee
exemption program through our
electronic filing system (eDecs).
Qualified licensees must create an eDecs
filer account as an importer or exporter
if they do not already have one, and file
their required documents electronically.
To be an approved participating
business in the program and receive an
exemption from the designated port
base inspection fee, the licensed
business must certify that it will
exclusively import or export nonliving
wildlife that is not listed as injurious
under 50 CFR part 16 and does not
require a permit or certificate under 50
CFR parts 15 (Wild Bird Conservation
Act), 17 (Endangered Species Act), 18
(Marine Mammal Protection Act), 20
and 21 (Migratory Bird Treaty Act), 22
(Bald and Golden Eagle Protection Act),
or 23 (the Convention on International
Trade in Endangered Species of Wild
Fauna and Flora). The requesting
business also must certify that it will
exclusively import or export the above
types of wildlife shipments where the
quantity in each shipment of wildlife
parts or products is 25 or fewer and the
total value of each wildlife shipment is
$5,000 or less. Any licensed business
that has more than two wildlife
shipments that were refused clearance
in the 5 years prior to its request is not
eligible for the program. In addition, any
licensees that have been assessed a civil
penalty, issued a notice of violation, or
convicted of a misdemeanor or felony
violation involving wildlife import or
export will not be eligible to participate
in the program.
We are also requesting OMB’s
continued approval for electronic
Annual
number
of respondents
Requirement
collection of data through ACE as an
alternative electronic option for
importers and exporters to eDecs. The
Safe Port Act requires the Service to
participate in the International Trade
Data System, and the Executive Order
on Streamlining Exports and Imports
establishes ACE as the primary means
for collection of international trade data
by the government. The latter includes
the use of Census’s Automated Export
System (AES) to collect agency licenses
and other permissions for exports.
Although the Service does not mandate
importers or exporters to use ACE and
AES to file Service data at this time, we
will begin collection of data in ACE as
an alternative to eDecs. If importers file
in ACE, they will not file in eDecs.
Title of Collection: Declaration for
Importation or Exportation of Fish or
Wildlife, 50 CFR 14.61–14.64 and
14.94(k)(4).
OMB Control Number: 1018–0012.
Form Number: 3–177 and 3–177a.
Type of Review: Extension of a
currently approved collection.
Respondents/Affected Public:
Businesses or individuals that import or
export fish, wildlife, or wildlife
products; scientific institutions that
import or export fish or wildlife
scientific specimens; and government
agencies that import or export fish or
wildlife specimens for various purposes.
Respondent’s Obligation: Required to
obtain or retain a benefit.
Frequency of Collection: On occasion.
Total Estimated Annual Nonhour
Burden Cost: None.
Total annual
responses
Completion
time per
response
Total annual
burden hours *
FWS Form 3–177 Hard Copy (Upon Import)
Individuals ........................................................................................................
Private Sector ..................................................................................................
Government .....................................................................................................
8,996
128
0
9,569
347
0
15 minutes
15 minutes
15 minutes
2,392
87
0
Subtotals: ..................................................................................................
9,124
9,916
........................
2,479
FWS Form 3–177 Hard Copy (Upon Export)
Individuals ........................................................................................................
Private Sector ..................................................................................................
Government .....................................................................................................
717
30
0
881
43
0
15 minutes
15 minutes
15 minutes
220
11
0
Subtotals: ..................................................................................................
747
924
........................
231
Individuals ........................................................................................................
Private Sector ..................................................................................................
Government .....................................................................................................
21,567
13,005
46
25,030
120,035
90
10 minutes
10 minutes
10 minutes
4,172
20,006
15
Subtotals: ..................................................................................................
34,618
145,155
........................
24,193
975
1,930
10 minutes
322
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eDecs/ACE (Upon Import)
eDecs (Upon Export)
Individuals ........................................................................................................
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Federal Register / Vol. 84, No. 145 / Monday, July 29, 2019 / Notices
Annual
number
of respondents
Requirement
Total annual
responses
Completion
time per
response
Total annual
burden hours *
Private Sector ..................................................................................................
Government .....................................................................................................
2,548
36
32,230
68
10 minutes
10 minutes
5,372
11
Subtotals: ..................................................................................................
3,559
34,228
........................
5,705
1 minute
586
eDecs—Confirmation Number (Automated Export System (AES))
Private Sector ..................................................................................................
1,824
35,175
Automated Commercial Environment (ACE)/AES Disclaimer (and Accompanying Documents)
Private Sector ..................................................................................................
5,000
500,000
1 minute
8,333
eDecs—Fee Exemption Certification
Private Sector ..................................................................................................
42
2,906
1 minute
48
Totals .................................................................................................
54,914
728,304
........................
41,575
* Rounded
An agency may not conduct or
sponsor and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number.
The authority for this action is the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
Dated: July 23, 2019.
Madonna Baucum,
Information Collection Clearance Officer, U.S.
Fish and Wildlife Service.
[FR Doc. 2019–15987 Filed 7–26–19; 8:45 am]
BILLING CODE 4333–15–P
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 701–TA–612–613 and
731–TA–1429–1430 (Final)]
Polyester Textured Yarn From China
and India; Scheduling of the Final
Phase of Countervailing Duty and AntiDumping Duty Investigations
United States International
Trade Commission.
ACTION: Notice.
AGENCY:
The Commission hereby gives
notice of the scheduling of the final
phase of antidumping and
countervailing duty investigation Nos.
701–TA–612–613 and 731–TA–1429–
1430 (Final) pursuant to the Tariff Act
of 1930 (‘‘the Act’’) to determine
whether an industry in the United
States is materially injured or
threatened with material injury, or the
establishment of an industry in the
United States is materially retarded, by
reason of imports of polyester textured
yarn from China and India, provided for
in subheadings 5402.33.30 and
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SUMMARY:
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5402.33.60 of the Harmonized Tariff
Schedule of the United States,
preliminarily determined by the
Department of Commerce (‘‘Commerce’’)
to be subsidized and sold at less-thanfair-value.
DATES: July 1, 2019.
FOR FURTHER INFORMATION CONTACT:
Charlie Cummings (708–1666), Office of
Investigations, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436. Hearingimpaired persons can obtain
information on this matter by contacting
the Commission’s TDD terminal on 202–
205–1810. Persons with mobility
impairments who will need special
assistance in gaining access to the
Commission should contact the Office
of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained by
accessing its internet server (https://
www.usitc.gov). The public record for
these investigations may be viewed on
the Commission’s electronic docket
(EDIS) at https://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Scope.—For purposes of these
investigations, Commerce has defined
the subject merchandise as ‘‘. . .
polyester textured yarn, is synthetic
multifilament yarn that is manufactured
from polyester (polyethylene
terephthalate). Polyester textured yarn is
produced through a texturing process,
which imparts special properties to the
filaments of the yarn, including stretch,
bulk, strength, moisture absorption,
insulation, and the appearance of a
natural fiber. This scope includes all
forms of polyester textured yarn,
regardless of surface texture or
appearance, yarn density and thickness
(as measured in denier), number of
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filaments, number of plies, finish
(luster), cross section, color, dye
method, texturing method, or packing
method (such as spindles, tubes, or
beams).
Excluded from the scope of these
investigations are bulk continuous
filament yarn that: (a) Is polyester
synthetic multifilament yarn; (b) has
denier size ranges of 900 and above; (c)
has turns per meter of 40 and above; and
(d) has a maximum shrinkage of 2.5
percent.
The merchandise subject to these
investigations are properly classified
under subheadings 5402.33.3000 and
5402.33.6000 of the Harmonized Tariff
Schedule of the United States (HTSUS).
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description of the
merchandise is dispositive.’’
Background.—The final phase of
these investigations is being scheduled
pursuant to sections 705(b) and 731(b)
of the Tariff Act of 1930 (19 U.S.C.
1671d(b) and 1673d(b)), as a result of
affirmative preliminary determinations
by Commerce that certain benefits
which constitute subsidies within the
meaning of section 703 of the Act (19
U.S.C. 1671b) are being provided to
manufacturers, producers, or exporters
in China and India of polyester textured
yarn, and that such products are being
sold in the United States at less than fair
value within the meaning of section 733
of the Act (19 U.S.C. 1673b). The
investigations were requested in
petitions filed on October 18, 2018, by
Unifi Manufacturing, Inc., Greensboro,
North Carolina; and Nan Ya Plastics
Corp. America, Lake City, South
Carolina.
For further information concerning
the conduct of this phase of the
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]]>Agencies
[Federal Register Volume 84, Number 145 (Monday, July 29, 2019)]
[Notices]
[Pages 36616-36619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15987]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-HQ-LE-2019-N065; FF09L00200-FX-LE18110900000; OMB Control Number
1018-0012]
Agency Information Collection Activities; Submission to the
Office of Management and Budget for Review and Approval; Declaration
for Importation or Exportation of Fish or Wildlife
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of information collection; request for comment.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Paperwork Reduction Act of 1995, we,
the U.S. Fish and Wildlife Service (Service), are proposing to renew an
information collection.
DATES: Interested persons are invited to submit comments on or before
August 28, 2019.
ADDRESSES: Send written comments on this information collection request
(ICR) to the Office of Management and Budget's Desk Officer for the
Department of the Interior by email at [email protected]; or
via facsimile to (202) 395-5806. Please provide a copy of your comments
to the Service Information Collection Clearance Officer, U.S. Fish and
Wildlife Service, MS: AMAD-ARM-PPM, 5275 Leesburg Pike, Falls Church,
VA 22041-3803 (mail); or by email to [email protected]. Please
reference OMB Control Number 1018-0012 in the subject line of your
comments.
FOR FURTHER INFORMATION CONTACT: To request additional information
about this ICR, contact Madonna L. Baucum, Service Information
Collection Clearance Officer, by email at [email protected], or by
telephone at (703) 358-2503. You may also view the ICR at https://www.reginfo.gov/public/do/PRAMain.
SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction
Act of 1995, we provide the general public and other Federal agencies
with an opportunity to comment on new, proposed, revised, and
continuing collections of information. This helps us assess the impact
of our information collection requirements and minimize the public's
reporting burden. It also helps the public understand our information
collection requirements and provide the requested data in the desired
format.
On February 1, 2019, we published a Federal Register notice
soliciting
[[Page 36617]]
comments on this collection of information for 60 days, ending on April
2, 2019 (84 FR 1197). We received the following comments in response to
the Federal Register notice:
Comment 1: Email comment received on February 1, 2019. The
commenter requested the law be changed to prohibit international trophy
hunting.
FWS Response to Comment 1: These comments did not address the
collection of information using Form 3-177 and the related burden. No
action taken.
Comment 2: Email comment on behalf of Robertson, Monagle &
Eastaugh, received March 29, 2019. The author requested the Service
revise its user fee system as it applies to commercial squid fisheries.
FWS Response to Comment 2: These comments did not address the
collection of information using Form 3-177 and the related burden.
Adoption of these comments would require a proposed rule to revise 50
CFR part 14. A Service rulemaking action would be a process separate
from these information collection requirements.
Comment 3: Email comment on behalf of the Humane Society of the
United States, received April 1, 2019. The comments were supportive of
the need to collect information using Form 3-177 and our estimation of
the related burden. However, the commenter raised the concern that
submission of information through U.S. Customs and Border Protection's
(CBP) Automated Commercial Environment (ACE), including the use of
Census' Automated Export System (AES), could result in the information
possibly being no longer available to enable the Service to implement
its legislative and CITES Treaty obligations, and that the information
might be no longer available to the public to exercise their rights to
petition the government or take other actions.
FWS Response to Comment 3: The submission of information through
CBP's ACE and AES systems will not result in a loss of data impacting
the Service's ability to meet its obligations or the ability of the
public to exercise their rights. Rather, we will re-route this
information for entry into the Service's Law Enforcement Management
Information System (LEMIS).
Comment 4: Letter dated March 28, 2019, on behalf of Friends of
Animals, received by the Service on April 2, 2019. These comments
addressed the Service's Low Risk Fee Exemption Program and its negative
impact on wildlife resources and the Service's inspection program.
FWS Response to Comment 4: These comments did not address the
collection of information using Form 3-177 and the related burden.
Adoption of these comments would require a proposed rule to revise 50
CFR part 14. A Service rulemaking action would be a process separate
from these information collection requirements.
Comment 5: Email on behalf of Safari Club International (SCI),
dated April 2, 2019. SCI's comments did not address the collection of
information using Form 3-177 and the related burden. Rather, these
comments addressed the disclosure of personal information contained on
Form 3-177 and found in LEMIS. See below for descriptions of and FWS
responses to the comments.
FWS Response to Comment 5: SCI requested changes to Form 3-177 and
its supporting information, requesting that the Service amend Form 3-
177 to include a statement, to which the respondent could opt to agree,
that the Service must maintain information contained on Form 3-177 in
confidence and that we will not disclose the information in response to
requests made under the Freedom of Information Act (FOIA) or any other
law. However, the Service cannot include such an amendment to Form 3-
177, because we must release information included on the form when
requested, subject to the provisions of the FOIA.
In addition, SCI requested revisions to the language to the
supporting information contained on Form 3-177, in particular, the
``Routine Uses'' and ``Disclosure'' text on the Notices page. SCI
requested that the information included on Form 3-177 only be used for
law enforcement purposes, and that information other than personal
information may be subject to disclosure under the FOIA. The Service
cannot include such a revision because we must release information
included on the form when requested, subject to the provisions of the
FOIA. SCI also requested additional revisions to the language to the
supporting information contained on Form 3-177, in particular, the
``Disclosure'' and ``Paperwork Reduction Act Statement'' text on the
Notices page. SCI requested that the language used in these statements
be revised to indicate that the information requested on the form is
involuntary, rather than voluntary. However, the Service considers the
information requested on the form to be voluntary, in order to obtain
or retain a benefit.
We are again soliciting comments on the proposed ICR that is
described below. We are especially interested in public comment
addressing the following issues: (1) Is the collection necessary to the
proper functions of the Service; (2) will this information be processed
and used in a timely manner; (3) is the estimate of burden accurate;
(4) how might the Service enhance the quality, utility, and clarity of
the information to be collected; and (5) how might the Service minimize
the burden of this collection on the respondents, including through the
use of information technology.
Comments that you submit in response to this notice are a matter of
public record. Before including your address, phone number, email
address, or other personal identifying information in your comment, you
should be aware that your entire comment--including your personal
identifying information--may be publicly available at any time. While
you can ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Abstract: The Endangered Species Act (Act; 16 U.S.C. 1531 et seq.)
makes it unlawful to import or export fish, wildlife, or plants without
filing a declaration or report deemed necessary for enforcing the Act
or upholding the Convention on International Trade in Endangered
Species (CITES) (see 16 U.S.C. 1538(e)). With a few exceptions,
businesses, individuals, or government agencies importing into or
exporting from the United States any fish, wildlife, or wildlife
product must complete and submit to the Service an FWS Form 3-177
(Declaration for Importation or Exportation of Fish or Wildlife). This
form, as well as FWS Form 3-177a (Continuation Sheet) and instructions
for completion, are available for electronic submission at https://edecs.fws.gov. These forms are also available in fillable format at
https://www.fws.gov/forms/. The information that we collect is unique to
each wildlife shipment and enables us to:
Accurately inspect the contents of the shipment;
Enforce any regulations that pertain to the fish,
wildlife, or wildlife products contained in the shipment; and
Maintain records of the importation and exportation of
these commodities.
Businesses or individuals must file FWS Forms 3-177 and 3-177a with
us at the time when and at the port where they request clearance of the
import or export of wildlife or wildlife products. Our regulations
allow certain species of wildlife to be imported or exported between
the United States and Canada or Mexico at U.S. Customs and Border
Protection ports, even though our wildlife inspectors may not be
present. In these instances, importers and exporters may file the forms
with U.S.
[[Page 36618]]
Customs and Border Protection. We collect the following information:
(1) Name of the importer or exporter and broker.
(2) Scientific and common name of the fish or wildlife.
(3) Permit numbers (if permits are required).
(4) Description, quantity, and value of the fish or wildlife.
(5) Natural country of origin of the fish or wildlife.
In addition, certain information, such as the airway bill or bill
of lading number, the location of the shipment containing the fish or
wildlife for inspection, and the number of cartons containing fish or
wildlife, assists our wildlife inspectors if a physical examination of
the shipment is necessary.
In 2009, we implemented a new user fee system intended to recover
the costs of the compliance portion of the wildlife inspection program.
Since that time, we have been made aware that we may have placed an
undue economic burden on businesses that exclusively trade in small
volumes of low-value, non-federally protected wildlife parts and
products. To address this issue, we implemented a program that exempts
certain businesses from the designated port base inspection fees as an
interim measure while we reassess the current user fee system.
Businesses that possess a valid Service import/export license may
request to participate in the fee exemption program through our
electronic filing system (eDecs). Qualified licensees must create an
eDecs filer account as an importer or exporter if they do not already
have one, and file their required documents electronically.
To be an approved participating business in the program and receive
an exemption from the designated port base inspection fee, the licensed
business must certify that it will exclusively import or export
nonliving wildlife that is not listed as injurious under 50 CFR part 16
and does not require a permit or certificate under 50 CFR parts 15
(Wild Bird Conservation Act), 17 (Endangered Species Act), 18 (Marine
Mammal Protection Act), 20 and 21 (Migratory Bird Treaty Act), 22 (Bald
and Golden Eagle Protection Act), or 23 (the Convention on
International Trade in Endangered Species of Wild Fauna and Flora). The
requesting business also must certify that it will exclusively import
or export the above types of wildlife shipments where the quantity in
each shipment of wildlife parts or products is 25 or fewer and the
total value of each wildlife shipment is $5,000 or less. Any licensed
business that has more than two wildlife shipments that were refused
clearance in the 5 years prior to its request is not eligible for the
program. In addition, any licensees that have been assessed a civil
penalty, issued a notice of violation, or convicted of a misdemeanor or
felony violation involving wildlife import or export will not be
eligible to participate in the program.
We are also requesting OMB's continued approval for electronic
collection of data through ACE as an alternative electronic option for
importers and exporters to eDecs. The Safe Port Act requires the
Service to participate in the International Trade Data System, and the
Executive Order on Streamlining Exports and Imports establishes ACE as
the primary means for collection of international trade data by the
government. The latter includes the use of Census's Automated Export
System (AES) to collect agency licenses and other permissions for
exports. Although the Service does not mandate importers or exporters
to use ACE and AES to file Service data at this time, we will begin
collection of data in ACE as an alternative to eDecs. If importers file
in ACE, they will not file in eDecs.
Title of Collection: Declaration for Importation or Exportation of
Fish or Wildlife, 50 CFR 14.61-14.64 and 14.94(k)(4).
OMB Control Number: 1018-0012.
Form Number: 3-177 and 3-177a.
Type of Review: Extension of a currently approved collection.
Respondents/Affected Public: Businesses or individuals that import
or export fish, wildlife, or wildlife products; scientific institutions
that import or export fish or wildlife scientific specimens; and
government agencies that import or export fish or wildlife specimens
for various purposes.
Respondent's Obligation: Required to obtain or retain a benefit.
Frequency of Collection: On occasion.
Total Estimated Annual Nonhour Burden Cost: None.
----------------------------------------------------------------------------------------------------------------
Annual number Completion
Requirement of Total annual time per Total annual
respondents responses response burden hours *
----------------------------------------------------------------------------------------------------------------
FWS Form 3-177 Hard Copy (Upon Import)
----------------------------------------------------------------------------------------------------------------
Individuals..................................... 8,996 9,569 15 minutes 2,392
Private Sector.................................. 128 347 15 minutes 87
Government...................................... 0 0 15 minutes 0
---------------------------------------------------------------
Subtotals:.................................. 9,124 9,916 .............. 2,479
----------------------------------------------------------------------------------------------------------------
FWS Form 3-177 Hard Copy (Upon Export)
----------------------------------------------------------------------------------------------------------------
Individuals..................................... 717 881 15 minutes 220
Private Sector.................................. 30 43 15 minutes 11
Government...................................... 0 0 15 minutes 0
---------------------------------------------------------------
Subtotals:.................................. 747 924 .............. 231
----------------------------------------------------------------------------------------------------------------
eDecs/ACE (Upon Import)
----------------------------------------------------------------------------------------------------------------
Individuals..................................... 21,567 25,030 10 minutes 4,172
Private Sector.................................. 13,005 120,035 10 minutes 20,006
Government...................................... 46 90 10 minutes 15
---------------------------------------------------------------
Subtotals:.................................. 34,618 145,155 .............. 24,193
----------------------------------------------------------------------------------------------------------------
eDecs (Upon Export)
----------------------------------------------------------------------------------------------------------------
Individuals..................................... 975 1,930 10 minutes 322
[[Page 36619]]
Private Sector.................................. 2,548 32,230 10 minutes 5,372
Government...................................... 36 68 10 minutes 11
---------------------------------------------------------------
Subtotals:.................................. 3,559 34,228 .............. 5,705
----------------------------------------------------------------------------------------------------------------
eDecs--Confirmation Number (Automated Export System (AES))
----------------------------------------------------------------------------------------------------------------
Private Sector.................................. 1,824 35,175 1 minute 586
----------------------------------------------------------------------------------------------------------------
Automated Commercial Environment (ACE)/AES Disclaimer (and Accompanying Documents)
----------------------------------------------------------------------------------------------------------------
Private Sector.................................. 5,000 500,000 1 minute 8,333
----------------------------------------------------------------------------------------------------------------
eDecs--Fee Exemption Certification
----------------------------------------------------------------------------------------------------------------
Private Sector.................................. 42 2,906 1 minute 48
---------------------------------------------------------------
Totals.................................. 54,914 728,304 .............. 41,575
----------------------------------------------------------------------------------------------------------------
* Rounded
An agency may not conduct or sponsor and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number.
The authority for this action is the Paperwork Reduction Act of
1995 (44 U.S.C. 3501 et seq.).
Dated: July 23, 2019.
Madonna Baucum,
Information Collection Clearance Officer, U.S. Fish and Wildlife
Service.
[FR Doc. 2019-15987 Filed 7-26-19; 8:45 am]
BILLING CODE 4333-15-P
