Implementation of Revised Lacey Act Provisions, 17849-17850 [2020-06695]

Download as PDF Federal Register / Vol. 85, No. 62 / Tuesday, March 31, 2020 / Notices DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS–2008–0119] Implementation of Revised Lacey Act Provisions Animal and Plant Health Inspection Service, USDA. ACTION: Notice. AGENCY: The Food, Conservation, and Energy Act of 2008 amended the Lacey Act to provide, among other things, that importers submit a declaration at the time of importation for certain plants and plant products. Enforcement of the declaration requirement began on April 1, 2009, and products requiring a declaration are being phased-in. The purpose of this notice is to inform the public of another phase of the Federal Government’s enforcement schedule. DATES: We will consider all comments that we receive on or before June 1, 2020. SUMMARY: You may submit comments by either of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docket Detail;D=APHIS-2008-0119. • Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS–2008–0119, 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 http:// www.regulations.gov/#!docket Detail;D=APHIS-2008-0119 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. ADDRESSES: Ms. Dorothy Wayson, National Policy Manager, Lacey Act Program, Compliance and Environmental Coordination Branch, PPQ, APHIS, 4700 River Road Unit 150, Riverdale, MD 20737; (301) 851–2036. SUPPLEMENTARY INFORMATION: jbell on DSKJLSW7X2PROD with NOTICES FOR FURTHER INFORMATION CONTACT: Background The Lacey Act (16 U.S.C. 3371 et seq.), first enacted in 1900 and significantly amended in 1981, is the United States’ oldest wildlife protection statute. The Act combats trafficking in VerDate Sep<11>2014 19:01 Mar 30, 2020 Jkt 250001 illegally taken wildlife, fish, or plants. The Food, Conservation and Energy Act of 2008, effective May 22, 2008, amended the Lacey Act by expanding its protection to a broader range of plants and plant products (Section 8204, Prevention of Illegal Logging Practices). The Lacey Act now 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 any law of the United States or an Indian tribe, or in violation of any State or foreign law that protects plants or that regulates certain specified plantrelated activities. The Lacey Act also now makes it unlawful to make or submit any false record, account, or label for, or any false identification of, any plant. In addition, Section 3 of the Lacey Act, as amended, makes it unlawful, beginning December 15, 2008, to import certain plants, including plant products, without an import declaration. The declaration must contain the scientific name of the plant, value of the importation, quantity of the plant, and name of the country from which the plant was harvested. For paper and paperboard products containing recycled content, the declaration also must include the average percent of recycled content without regard for species or country of harvest. The plant import declaration requirement does not apply to plants used exclusively as packaging material to support, protect, or carry another item, unless the packaging material itself is the item being imported. Currently, enforcement of the declaration requirement is being phased in, as described in three notices we published in the Federal Register,1 the first on February 3, 2009 (74 FR 5911–5913, Docket No. APHIS–2008– 0119), the second on September 2, 2009 (74 FR 45415–45418, Docket No. APHIS–2008–0119), and the third on February 6, 2015 (80 FR 6681–6683, Docket No. APHIS–2008–0119). In our February 2009 notice, we committed to providing affected individuals and industry with at least 6 months’ notice for any products that would be added to the phase-in schedule. The phased-in enforcement schedule began April 1, 2009. The most recent phase (V) began on August 6, 2015. The enforcement schedule is available on the Animal and Plant Health Inspection Service (APHIS) website at http://www.aphis.usda.gov/ 1 To view these notices and the comments we received, go to http://www.regulations.gov/#!docket Detail;D=APHIS-2008-0119. PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 17849 plant_health/lacey_act/. We continue to consider the applicability of the declaration requirement to products not included in the current phase-in schedule and we invite public comment on how the declaration requirement should be enforced as to these products. Phase VI of the enforcement schedule, which would begin on October 1, 2020, is described below. We invite public comment on the products covered under this phase of the plan, as well as on whether any additional Harmonized Tariff Schedule (HTS) chapters should be included in the current phase-in schedule. Should there be additions to phase VI, we intend to provide at least 6 months’ notice to persons and industries affected by those changes to facilitate compliance with the new requirements. Changes will be announced in the Federal Register. Ch. 33 Headings (Essential Oils) • 3301295109-essential oils of cedarwood • 3301295121-essential oils of linaloe or bois de rose • 3301295139-essential oils of sandalwood • 3301295150-essential oils of ‘‘other’’ Ch. 42 Headings (Trunks, Cases, Suitcases) • 4202292000-trunks, cases, and suitcases of wood • 4202992000-other, of wood, not lined • 4202993000-other, of wood, lined Ch. 44 Headings (Wood and Articles of Wood) • 441012-oriented strand board (OSB) • 4415-cases, boxes, crates, drums, containers, pallets, box-pallets, etc. Ch. 92 Headings (Musical Instruments) • 9205902000-wind musical instruments: bagpipes • 9205904020-clarinets • 9205904080-other (woodwind instruments) • 9205904060-flutes and piccolos • 9206002000-drums • 9207900040-musical instruments (fretted string instruments) • 9209.92-parts and accessories for musical instruments of heading 9202 • 9209928000-parts and accessories for musical instruments • 9209992000-parts and accessories for bagpipes • 9209994040-parts and accessories for other woodwind instruments • 9209998000-parts and accessories for musical instruments of heading 9202, other E:\FR\FM\31MRN1.SGM 31MRN1 17850 Federal Register / Vol. 85, No. 62 / Tuesday, March 31, 2020 / Notices Ch. 96 Headings (Miscellaneous Manufactured Articles) DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service • 9620005500-monopods, bipods, tripods and similar articles of wood Additional Information [Docket No. APHIS–2019–0049] APHIS will continue to provide the latest information regarding the Lacey Act on our website, http:// www.aphis.usda.gov/plant_health/ lacey_act/. The website currently contains the Lacey Act, as amended; a slideshow covering background and context, requirements, commodities and products covered, information on prohibitions, and the current status of implementation of the declaration requirement of the Lacey Act; frequently asked questions; the phase-in implementation plan; a link to the Lacey Act Web Governance System (LAWGS); and the paper declaration form. The website will be updated as new materials become available. We encourage persons interested in receiving timely updates on APHIS’ Lacey Act efforts to register for our stakeholder registry at https:// public.govdelivery.com/accounts/ USDAAPHIS/subscriber/new/ and select ‘‘Lacey Act Declaration’’ as a topic of interest. Paperwork Reduction Act This notice contains no new information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The information collection activities included in this notice are approved by the Office of Management and Budget under control number 0579– 0349. E-Government Act Compliance jbell on DSKJLSW7X2PROD with NOTICES The Animal and Plant Health Inspection Service is committed to compliance with the E-Government Act to promote the use of the internet and other information technologies, to provide increased opportunities for citizen access to Government information and services, and for other purposes. For information pertinent to E-Government Act compliance related to this notice, please contact Mr. Joseph Moxey, APHIS’ Information Collection Coordinator, at (301) 851–2483. Done in Washington, DC, this 26th day of March 2020. Mark Davidson, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2020–06695 Filed 3–30–20; 8:45 am] BILLING CODE 3410–34–P VerDate Sep<11>2014 19:01 Mar 30, 2020 Jkt 250001 Import Requirements for the Importation of Fresh Blueberries From Chile Into the United States Animal and Plant Health Inspection Service, USDA. ACTION: Notice. AGENCY: We are advising the public that we have prepared a commodity import evaluation document (CIED) relative to the importation into the United States of blueberries from Chile. Currently, blueberries from Chile imported into the United States from an area in which European grapevine moth is known to exist must be fumigated with methyl bromide. Based on the findings of the CIED, we are proposing to also allow the importation of such blueberries under the provisions of a systems approach. We are making the CIED available to the public for review and comment. DATES: We will consider all comments that we receive on or before June 1, 2020. SUMMARY: You may submit comments by either of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docket Detail;D=APHIS-2019-0049. • Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS–2019–0049, 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 http:// www.regulations.gov/#!docket Detail;D=APHIS-2019-0049 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. ADDRESSES: Mr. Tony Roman, Senior Regulatory Policy Specialist, RCC, IRM, PHP, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737–1236; (301) 851–2242. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Background Under the regulations in ‘‘Subpart L– Fruits and Vegetables’’ (7 CFR 319.56– PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 1 through 319.56–12, referred to below as the regulations), the Animal and Plant Health Inspection Service (APHIS) prohibits or restricts the importation of fruits and vegetables into the United States from certain parts of the world to prevent plant pests from being introduced into or disseminated within the United States. Section 319.56–4 of the regulations provides the requirements for authorizing the importation of fruits and vegetables into the United States, as well as revising existing requirements for the importation of fruits and vegetables. Paragraph (c) of that section provides that the name and origin of all fruits and vegetables authorized importation into the United States, as well as the requirements for their importation, are listed on the internet in APHIS’ Fruits and Vegetables Import Requirements database, or FAVIR (https://epermits.aphis.usda.gov/ manual). It also provides that, if the Administrator of APHIS determines that any of the phytosanitary measures required for the importation of a particular fruit or vegetable are no longer necessary to reasonably mitigate the plant pest risk posed by the fruit or vegetable, APHIS will publish a notice in the Federal Register making its pest risk documentation and determination available for public comment. Currently, blueberries from Chile are listed in FAVIR as a fruit authorized importation into the United States. Blueberries from a region of Chile in which European grapevine moth (Lobesia botrana, EGVM) is known to exist (Regions VI, VII, VIII, or XVI) must be fumigated with methyl bromide. The national plant protection organization (NPPO) of Chile stated that areas of low pest prevalence for EGVM exist in Regions VIII and XVI of Chile, and asked that we evaluate whether blueberries from these two regions could be authorized importation into the United States under a systems approach in lieu of fumigation with methyl bromide. In response to this request, we have prepared a commodity import evaluation document (CIED). The CIED determined that a systems approach consisting of the following measures reasonably mitigates the plant pest risk associated with blueberries from Regions VIII and XVI: • The NPPO of Chile would have to enter into an operational workplan with APHIS that details the activities and responsibilities that the NPPO would carry out in order to meet the requirements of the systems approach. APHIS would have to approve the workplan prior to implementation of the systems approach. E:\FR\FM\31MRN1.SGM 31MRN1

Agencies

[Federal Register Volume 85, Number 62 (Tuesday, March 31, 2020)]
[Notices]
[Pages 17849-17850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06695]



[[Page 17849]]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2008-0119]


Implementation of Revised Lacey Act Provisions

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Food, Conservation, and Energy Act of 2008 amended the 
Lacey Act to provide, among other things, that importers submit a 
declaration at the time of importation for certain plants and plant 
products. Enforcement of the declaration requirement began on April 1, 
2009, and products requiring a declaration are being phased-in. The 
purpose of this notice is to inform the public of another phase of the 
Federal Government's enforcement schedule.

DATES: We will consider all comments that we receive on or before June 
1, 2020.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2008-0119.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2008-0119, 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 http://www.regulations.gov/#!docketDetail;D=APHIS-2008-
0119 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: Ms. Dorothy Wayson, National Policy 
Manager, Lacey Act Program, Compliance and Environmental Coordination 
Branch, PPQ, APHIS, 4700 River Road Unit 150, Riverdale, MD 20737; 
(301) 851-2036.

SUPPLEMENTARY INFORMATION: 

Background

    The Lacey Act (16 U.S.C. 3371 et seq.), first enacted in 1900 and 
significantly amended in 1981, is the United States' oldest wildlife 
protection statute. The Act combats trafficking in illegally taken 
wildlife, fish, or plants. The Food, Conservation and Energy Act of 
2008, effective May 22, 2008, amended the Lacey Act by expanding its 
protection to a broader range of plants and plant products (Section 
8204, Prevention of Illegal Logging Practices). The Lacey Act now 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 any 
law of the United States or an Indian tribe, or in violation of any 
State or foreign law that protects plants or that regulates certain 
specified plant-related activities. The Lacey Act also now makes it 
unlawful to make or submit any false record, account, or label for, or 
any false identification of, any plant.
    In addition, Section 3 of the Lacey Act, as amended, makes it 
unlawful, beginning December 15, 2008, to import certain plants, 
including plant products, without an import declaration. The 
declaration must contain the scientific name of the plant, value of the 
importation, quantity of the plant, and name of the country from which 
the plant was harvested. For paper and paperboard products containing 
recycled content, the declaration also must include the average percent 
of recycled content without regard for species or country of harvest. 
The plant import declaration requirement does not apply to plants used 
exclusively as packaging material to support, protect, or carry another 
item, unless the packaging material itself is the item being imported. 
Currently, enforcement of the declaration requirement is being phased 
in, as described in three notices we published in the Federal 
Register,\1\ the first on February 3, 2009 (74 FR 5911-5913, Docket No. 
APHIS-2008-0119), the second on September 2, 2009 (74 FR 45415-45418, 
Docket No. APHIS-2008-0119), and the third on February 6, 2015 (80 FR 
6681-6683, Docket No. APHIS-2008-0119).
---------------------------------------------------------------------------

    \1\ To view these notices and the comments we received, go to 
http://www.regulations.gov/#!docketDetail;D=APHIS-2008-0119.
---------------------------------------------------------------------------

    In our February 2009 notice, we committed to providing affected 
individuals and industry with at least 6 months' notice for any 
products that would be added to the phase-in schedule. The phased-in 
enforcement schedule began April 1, 2009. The most recent phase (V) 
began on August 6, 2015. The enforcement schedule is available on the 
Animal and Plant Health Inspection Service (APHIS) website at http://www.aphis.usda.gov/plant_health/lacey_act/. We continue to consider the 
applicability of the declaration requirement to products not included 
in the current phase-in schedule and we invite public comment on how 
the declaration requirement should be enforced as to these products.
    Phase VI of the enforcement schedule, which would begin on October 
1, 2020, is described below. We invite public comment on the products 
covered under this phase of the plan, as well as on whether any 
additional Harmonized Tariff Schedule (HTS) chapters should be included 
in the current phase-in schedule. Should there be additions to phase 
VI, we intend to provide at least 6 months' notice to persons and 
industries affected by those changes to facilitate compliance with the 
new requirements. Changes will be announced in the Federal Register.

Ch. 33 Headings (Essential Oils)

 3301295109-essential oils of cedarwood
 3301295121-essential oils of linaloe or bois de rose
 3301295139-essential oils of sandalwood
 3301295150-essential oils of ``other''

Ch. 42 Headings (Trunks, Cases, Suitcases)

 4202292000-trunks, cases, and suitcases of wood
 4202992000-other, of wood, not lined
 4202993000-other, of wood, lined

Ch. 44 Headings (Wood and Articles of Wood)

 441012-oriented strand board (OSB)
 4415-cases, boxes, crates, drums, containers, pallets, box-
pallets, etc.

Ch. 92 Headings (Musical Instruments)

 9205902000-wind musical instruments: bagpipes
 9205904020-clarinets
 9205904080-other (woodwind instruments)
 9205904060-flutes and piccolos
 9206002000-drums
 9207900040-musical instruments (fretted string instruments)
 9209.92-parts and accessories for musical instruments of 
heading 9202
 9209928000-parts and accessories for musical instruments
 9209992000-parts and accessories for bagpipes
 9209994040-parts and accessories for other woodwind 
instruments
 9209998000-parts and accessories for musical instruments of 
heading 9202, other

[[Page 17850]]

Ch. 96 Headings (Miscellaneous Manufactured Articles)

 9620005500-monopods, bipods, tripods and similar articles of 
wood
    Additional Information

    APHIS will continue to provide the latest information regarding the 
Lacey Act on our website, http://www.aphis.usda.gov/plant_health/lacey_act/. The website currently contains the Lacey Act, as amended; a 
slideshow covering background and context, requirements, commodities 
and products covered, information on prohibitions, and the current 
status of implementation of the declaration requirement of the Lacey 
Act; frequently asked questions; the phase-in implementation plan; a 
link to the Lacey Act Web Governance System (LAWGS); and the paper 
declaration form. The website will be updated as new materials become 
available. We encourage persons interested in receiving timely updates 
on APHIS' Lacey Act efforts to register for our stakeholder registry at 
https://public.govdelivery.com/accounts/USDAAPHIS/subscriber/new/ and 
select ``Lacey Act Declaration'' as a topic of interest.
Paperwork Reduction Act
    This notice contains no new information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.). The information collection activities included in this notice 
are approved by the Office of Management and Budget under control 
number 0579-0349.
E-Government Act Compliance
    The Animal and Plant Health Inspection Service is committed to 
compliance with the E-Government Act to promote the use of the internet 
and other information technologies, to provide increased opportunities 
for citizen access to Government information and services, and for 
other purposes. For information pertinent to E-Government Act 
compliance related to this notice, please contact Mr. Joseph Moxey, 
APHIS' Information Collection Coordinator, at (301) 851-2483.

    Done in Washington, DC, this 26th day of March 2020.
Mark Davidson,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2020-06695 Filed 3-30-20; 8:45 am]
BILLING CODE 3410-34-P