Agency Information Collection Activities; Submission to the Office of Management and Budget; Declaration for Importation or Exportation of Fish or Wildlife, 69219-69224 [2023-22181]
Download as PDF
Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Notices
FR 35443 (June 20, 2006); Document
No.79 FR 10825 (February 26, 2014).
LaDonne White,
Chief Privacy Officer, Office of
Administration.
[FR Doc. 2023–22175 Filed 10–4–23; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–6429–N–01]
Section 3 Benchmarks for Creating
Economic Opportunities for Low- and
Very Low-Income Persons and Eligible
Businesses
Office of the Assistant Deputy
Secretary for Field Policy and
Management, HUD.
ACTION: Notification of benchmarks.
AGENCY:
HUD’s regulations require
that HUD set Section 3 benchmarks by
publishing a notification, subject to
public comment, in the Federal Register
and update the benchmarks no less
frequently than once every three years
by the same method of notification. This
notice updates the 2020 version of the
benchmark notice and requests public
comment about the Section 3
benchmark goals.
DATES: Effective Date: November 6,
2023.
FOR FURTHER INFORMATION CONTACT:
Nathan Roush, Program Analyst, Office
of Field Policy and Management,
Department of Housing and Urban
Development, Five Points Plaza, 40
Marietta St NW, Atlanta, GA 30303,
telephone number 678–732–2045 (this
is not a toll-free number). General email
inquiries regarding Section 3 may be
sent to Section3@hud.gov. HUD
welcomes and is prepared to receive
calls from individuals who are deaf or
hard of hearing, as well as individuals
with speech or communication
disabilities. To learn more about how to
make an accessible telephone call,
please visit https://www.fcc.gov/
consumers/guides/telecommunicationsrelay-service-trs.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
I. Background
Section 3 of the Housing and Urban
Development Act of 1968, as amended
by the Housing and Community
Development Act of 1992 (Section 3),
contributes to the establishment of
stronger, more sustainable communities
by ensuring that employment and other
economic opportunities generated by
Federal financial assistance for housing
and community development programs
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are, to the greatest extent feasible,
directed toward low- and very lowincome persons, particularly those who
are recipients of government assistance
for housing. HUD is statutorily charged
with the authority and responsibility to
implement and enforce Section 3
through regulation, which HUD has
done through the publication of the
Section 3 final rule, titled ‘‘Enhancing
and Streamlining the Implementation of
Section 3 Requirements for Creating
Economic Opportunities for Low- and
Very Low-Income Persons and Eligible
Businesses,’’ 85 FR 61524 (‘‘HUD’s
Section 3 Final Rule’’). This final rule is
codified in 24 CFR part 75.
HUD’s Section 3 regulations require
the establishment of Section 3
benchmarks for Section 3 workers and
Targeted Section 3 workers through a
document published in the Federal
Register. 24 CFR 75.13(b) and 75.23(b).
Consistent with these requirements,
HUD published a benchmark notice in
the Federal Register on September 29,
2020, titled ‘‘Section 3 Benchmarks for
Creating Economic Opportunities for
Low- and Very Low-Income Persons and
Eligible Businesses,’’ 85 FR 60907.
HUD’s Section 3 regulations also require
HUD to update the benchmarks through
a document published in the Federal
Register, subject to public comment, not
less frequently than once every three
years. 24 CFR 75.13(b)(1) and
75.23(b)(1).
II. Section 3 Benchmarks
HUD’s Section 3 regulations require
that in altering and updating the
established benchmark goals, HUD must
consider Section 3 labor hour data
collected during the prior three-year
period. 24 CFR 75.13(b)(1) and
75.23(b)(1). After evaluation and
consideration of the data collected to
date, HUD has determined that the
available data is not a sufficiently
representative sample to support the
alteration of the current published
benchmark goals or publication of
aggregate labor hour data. Therefore, the
benchmark goals will continue to be the
ratios established in the original Section
3 benchmark notice published
September 29, 2020, and HUD will
continue to support the labor hour goal
methodology contained therein.
HUD considered a number of factors
in making this decision. Despite being
published on September 29, 2020,
HUD’s Section 3 final rule did not go
into effect until November 30, 2020, and
compliance only began to be required
for activities and projects funded on or
after July 1, 2021. This means that
activities and projects funded prior to
July 1, 2021, were not required to report
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labor hours under 24 CFR part 75,
which does not give HUD a full three
years of data to review. Additionally,
the count of labor hours and evaluation
of achievement of benchmark goals are
not determined until an activity or
project is completed. Given the varying
duration of construction projects, a
number of larger Section 3 projects—
those with higher numbers of labor
hours—funded after July 1, 2021, have
not yet completed construction and
therefore have not reported final labor
hours for Section 3 workers or Targeted
Section 3 workers. These factors, among
others, have contributed to initial
reports containing limited data on a
small subset of projects, which HUD
believes does not create a large- or
representative-enough sample of data to
merit a change to the existing
benchmarks or publication of aggregate
data on labor hours and the proportion
of recipients meeting benchmarks.
While HUD has decided not to change
the benchmark goals for Public Housing
Financial Assistance and Section 3
Projects, HUD would like to solicit
public comment on any matters related
to this notice, generally, but specifically
on the experience of grantees,
contractors, and other stakeholders in
achieving the existing benchmark goals
along with any challenges faced or
recommendations for appropriate
benchmarks for future updates. HUD
will not be issuing a second notice
regarding the current Section 3
benchmarks unless the comments
provide HUD with a basis for making
revisions to the benchmarks.
HUD will publish another notice to
update Section 3 benchmarks no later
than three years after the publication of
this notice, as required by HUD’s
Section 3 regulations.
Michele Perez,
Assistant Deputy Secretary for Field Policy
and Management.
[FR Doc. 2023–22183 Filed 10–4–23; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS–HQ–LE–2023–N075;
FF09L00200–FX–LE18110900000; OMB
Control Number 1018–0012]
Agency Information Collection
Activities; Submission to the Office of
Management and Budget; Declaration
for Importation or Exportation of Fish
or Wildlife
AGENCY:
Fish and Wildlife Service,
Interior.
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Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Notices
Notice of information collection;
request for comment.
ACTION:
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 with revisions.
DATES: Interested persons are invited to
submit comments on or before
November 6, 2023.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of publication
of this notice at https://
www.reginfo.gov/public/do/PRAMain.
Find this particular information
collection by selecting ‘‘Currently under
Review—Open for Public Comments’’ or
by using the search function. Please
provide a copy of your comments to the
Service Information Collection
Clearance Officer, U.S. Fish and
Wildlife Service, MS: PRB (JAO/3W),
5275 Leesburg Pike, Falls Church, VA
22041–3803 (mail); or by email to Info_
Coll@fws.gov. Please reference ‘‘1018–
0012’’ in the subject line of your
comments.
FOR FURTHER INFORMATION CONTACT:
Madonna L. Baucum, Service
Information Collection Clearance
Officer, by email at Info_Coll@fws.gov,
or by telephone at (703) 358–2503.
Individuals in the United States who are
deaf, deafblind, hard of hearing, or have
a speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION: In
accordance with the Paperwork
Reduction Act (PRA, 44 U.S.C. 3501 et
seq.) and its implementing regulations
at 5 CFR 1320.8(d)(1), all information
collections require approval under the
PRA. We may not conduct or sponsor
and you are not required to respond to
a collection of information unless it
displays a currently valid OMB control
number.
On May 5, 2023, we published in the
Federal Register (88 FR 29145) a notice
of our intent to request that OMB
approve this information collection. In
that notice, we solicited comments for
60 days, ending on July 5, 2023. In an
effort to increase public awareness of,
and participation in, our public
commenting processes associated with
information collection requests, the
Service also published the Federal
Register notice on Regulations.gov
ddrumheller on DSK120RN23PROD with NOTICES1
SUMMARY:
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(Docket No. FWS–HQ–LE–2023–0049)
to provide the public with an additional
method to submit comments (in
addition to the typical Info_Coll@
fws.gov email and U.S. mail submission
methods). We received the following
comments in response to that notice:
Comment 1: Electronic comment
received May 5, 2023, via
Regulations.gov (FWS–HQ–LE–2023–
0049–0003) from Jean Public.
Agency Response to Comment 1: The
commenter did not address the
information collection requirements. No
response is required.
Comment 2: Electronic comment
received June 8, 2023, via
Regulations.gov (FWS–HQ–LE–2023–
0049–0004) from Laura Bies, on behalf
of the Ornithological Council. First, the
commenter stated that it is difficult to
enter many specimens into the e-Decs
system individually rather than being
able to upload a spreadsheet or a batch
of information. Individual entry takes
several hours, and the eDecs system
appears to time out. Second, the
commenter stated that automatic
recognition of species’ protected status
under the Convention on International
Trade in Endangered Species of Wild
Fauna and Flora (CITES), the
Endangered Species Act (ESA or Act),
the Migratory Bird Treaty Act (MBTA),
etc., by the eDecs system when the
importer/exporter is entering them,
would be helpful and would save a lot
of time. Third, the commenter agreed
that the average estimate for an eDec
with one species is 10 minutes, but for
a scientific eDec with many species, it
may take hours.
Agency Response to Comment 2: First,
we are working on a tool in eDecs that
will allow bulk entry of species
comparable to what the commenter
describes. Second, it is up to the
importer/exporter to know the status
and the requirements for the species
they are importing or exporting; further,
we are concerned that if the system flags
a species as protected, dishonest
importers/exporters will simply choose
a different species and declare the
species as that one instead. Third, we
note the commenter’s points about the
burden estimate and have addressed
them below, along with the comments
we received from the outreach regarding
the burden estimate.
Comment 3: Electronic comment
received June 26, 2023, via
Regulations.gov (FWS–HQ–LE–2023–
0049–0005) from Jose D. Gonzalez,
President, on behalf of the National
Customs Brokers & Forwarders
Association of America, Inc. First, the
commenter stated that the container
number is available in Automated
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Commercial Environment (ACE).
Relatedly, the commenter said that the
container number is not known for
exports, because the container is loaded
after inspection. Second, the commenter
notes that the permit number and port
exception number are available in ACE,
while the CITES tag number is available
on the CITES certificate. Third, the
commenter states that the additional
data elements may not apply to exports
and asks for an N/A option. Fourth, the
commenter states that ACE does not
support the generation of multiple
eDecs per entry. Fifth, the commenter
provided burden estimates for
declaration filing; 15–20 minutes for
eDecs, 10–15 minutes for a complete
data set in ACE, and 15–25 minutes for
a limited data set in ACE. The
commenter added that the burden goes
beyond the actual data entry and
includes preparation and post-entry
elements.
Agency Response to Comment 3: First,
not all declarations are submitted
through ACE, so we need to ask for the
container number in eDecs and on the
3–177. The container number is
sometimes known for exports, but we
will not make this a required field.
Second, again, not all declarations are
submitted through ACE, and we note
that the CITES certificate has the tag
number, but it will better enable our
inspection efforts to have it on the
declaration in eDecs, and in ACE as
well. Third, we disagree that these
additional elements do not apply to
exports, as all of them could; a field may
be required based on the commodity
and location of export. Fourth, we
recognize that the systems have this
limitation; it is a problem we hope to
address in the future, recognizing that
there are budget constraints. Fifth, we
note the comments about additional
efforts relating to the import process
from the commenter. Lastly, we note the
burden estimates and have addressed
them below, along with the comments
we received from the outreach regarding
the burden estimate.
Comment 4: Anonymous comment
received July 2, 2023, via
Regulations.gov (FWS–HQ–LE–2023–
0049–0006).
Agency Response to Comment 4: The
commenter did not address the
information collection requirements. No
response is required.
Comment 5: Electronic comment
received July 4, 2023, via
Regulations.gov (FWS–HQ–LE–2023–
0049–0007) from John McLaurin,
President, on behalf of Safari Club
International. The commenter expressed
concern about the personal information
of hunters who import and export
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ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Notices
harvested wildlife and therefore use the
3–177 form. The commenter suggested
changes to the existing Privacy Act and
Paperwork Reduction Act statements on
the form that would reflect a
commitment to withhold declarants’
personal private information under
Freedom of Information Act (FOIA)
Exemptions 6 and 7(A). The commenter
also requested that we add a place on
the form where declarants could
indicate they want their personal
information withheld from disclosure.
Agency Response to Comment 5: The
commenter submitted comments on the
existing Privacy Act and Paperwork
Reduction Act Statements. We included
revised statements with the draft form
we placed in the docket along with the
60-day notice. We have since revised
the Privacy Act and Paperwork
Reduction Act, and FOIA statements. In
particular, we revised the FOIA
statement to address personal
identifiable information under
Exemption 6. With this addition to the
statement, there is no need for
declarants to identify personal
information for withholding. We did not
make changes to the Paperwork
Reduction Act Statement, as
submissions are voluntary.
Comment 6: Electronic comment
received July 4, 2023, via
Regulations.gov (FWS–HQ–LE–2023–
0049–0008) from Tanya Sanerib,
International Legal Director, Center for
Biological Diversity, and from Nicholas
Arrivo, Managing Attorney, on behalf of
The Humane Society of the United
States. First, the commenter notes that
the information we receive on Forms 3–
177 is essential for law enforcement
functions, for meeting CITES
obligations, and for us and the public to
understand and monitor trade. Second,
the commenter makes several
suggestions regarding the FOIA
statement, including that the statement
should reflect that all information
received will be disclosed, except for
some personally identifiable
information under FOIA exemptions 6
and 7(A), and that the commercial
information exemption (exemption 4),
should not apply. The commenter also
states that we should not continue to
engage in a submitter notice review
process that is burdensome on us and
on data submitters, and their changes
would allow us to avoid this. Third, the
commenter states that the form should
say that imports/exports will be denied
if the 3–177 is not completed. Fourth,
the commenter states that the full
scientific and common name of each
species needs to be on the 3–177; for
example, marine aquarium tropical fish
importers do not provide that
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information, so it is not clear what
species are being imported. Fifth, the
commenter states that submitters do not
always fill out the number of specimens
imported/exported, but rather the
number of cartons; we should require
both. Lastly, the commenter states that
our recent application of FOIA
exemption 4 has created an incredibly
onerous system for data submitters and
for us, and their suggested changes to
the FOIA statement would resolve this.
Agency Response to Comment 6:
Regarding the FOIA statement
suggestion that all information should
be disclosed except for personally
identifiable information, we agree in
part. We will continue to apply
Exemption 4 as explained in the draft
form’s FOIA statement, and we added a
statement reflecting that personally
identifiable information will be
withheld as appropriate under
Exemption 6. We are retaining our
previous language and proposed process
under Exemption 4 of the FOIA
regarding submitted commercial
information. The Service believes that it
is possible that a submitter could make
an appropriate showing, in some
circumstances, that Exemption 4 applies
to information on the 3–117. Because
Exemption 4 relies upon information
provided by a submitter, it is necessary
that the Service include instructions for
transmitting that information. We
believe the approach outlined on the
draft form’s statement is appropriate.
Because various FOIA requesters ask for
import/export data in a variety of ways,
we think that an approach led by the
FOIA Officer will lead to less burden on
the day-to-day requester and allow the
Service to apply Exemption 4 more
accurately.
Next, regarding the commenter’s
statement that the notices on the form
should say that authorization to import/
export wildlife will be denied if the
form is incomplete, we made some
changes in this language so that the
public knows submission of the
information is voluntary. We also
clarified that information submission is
required to receive import/export
authorization and that failure to provide
all requested information may result in
denial of authorization. We will not
select automatic denial in all cases and
state that on this form; we routinely
work with importers/exporters to
correct mistakes, and we have
enforcement discretion that we do not
want to limit without compelling
justification.
Regarding requiring the full and
scientific names, we are working on
programming that will allow improved/
bulk entry of species names, and we
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hope will increase the number of
species identified in the 3–177 vs. in
supporting documents. As for the
number of specimens, that is a required
item. Lastly, we appreciate the
commenter’s efforts to suggest
improvements to overcome the
challenges presented to the Service by
the application of FOIA exemptions to
such an expansive database. The Service
looks forward to working with the
public to better inform its Exemption 4
practice in ways that enhance our
mission and fully comply with the law.
As part of our continuing effort to
reduce paperwork and respondent
burdens, we invite the public and other
Federal agencies 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.
We are especially interested in public
comment addressing the following:
(1) Whether or not the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether or not the
information will have practical utility;
(2) The accuracy of our estimate of the
burden for this collection of
information, including the validity of
the methodology and assumptions used;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) How might the agency minimize
the burden of the collection of
information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of response.
Comments that you submit in
response to this notice are a matter of
public record. We will include or
summarize each comment in our request
to OMB to approve this information
collection request (ICR). 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 made 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.
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Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Notices
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 as necessary for
enforcing the Act or upholding the
Convention on International Trade in
Endangered Species (CITES; 16 U.S.C.
1538(e)). With some exceptions,
individuals, businesses, and others
importing into or exporting from the
United States any fish or wildlife 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 enables us to:
• Accurately inspect the contents of
the shipment;
• Enforce any regulations that pertain
to the fish, wildlife, or plants contained
in the shipment; and
• Maintain records of the importation
and exportation of these commodities.
Individuals, businesses, and others
must file FWS Forms 3–177 and 3–177a
with us at the time of import or export
of fish or wildlife. Our regulations allow
certain species of fish or 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
submit the hard copy of the completed
forms to U.S. Customs and Border
Protection (CBP). We later collect these
submitted forms from CBP and enter the
information into the Service’s Law
Enforcement Management Information
System (LEMIS). Form 3–177 collects
the following information:
1. Date of the import/export;
2. Import/export license number;
3. Whether the shipment is an import
or export;
4. Port of clearance;
5. Purpose code;
6. Customs documents number(s);
7. Name of carrier;
8. Transportation code;
9. Bonded location for inspection;
10. Whether the importer/exporter is
based in the United States or in a
foreign country;
11. Name, address, phone, and email
of importer/exporter;
12. Identifier number and ID type of
importer/exporter;
13. Name, phone, fax, email address,
and contact person for customs broker,
shipping agent, or freight forwarder;
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14. Identifier number and ID type of
customs broker, shipping agent, or
freight forwarder;
15. Scientific and common name of
the fish or wildlife;
16. Permit numbers (if permits are
required);
17. Description, quantity, and value of
the fish or wildlife;
18. Natural country of origin of the
fish or wildlife; and
19. Whether the wildlife is live and
venomous.
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 markings on cartons
and number of cartons containing fish
or wildlife, assists our wildlife
inspectors if a physical examination of
the shipment is necessary.
We are also requesting OMB’s
continued approval for electronic
collection of data through CBP’s
Automated Commercial Environment
(ACE) portal as an alternative electronic
option for importers to eDecs. ACE is
the system through which the trade
community transmits international trade
data required by CBP and all other
participating government agencies. 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. Although the
Service does not mandate importers to
use ACE to file Service data at this time,
if the filer chooses to file in ACE, we
will collect the data from ACE as an
alternative to eDecs. If importers file in
ACE, they should not file in eDecs.
Proposed Revisions to This Information
Collection
With this submission, we propose the
following revisions to this information
collection for OMB approval:
1. We propose to collect the container
number for fish or wildlife shipped via
ocean cargo. When fish or wildlife are
imported and exported on cargo ships,
they are packed in shipping containers,
which have unique numbers. When our
inspectors receive documents for these
shipments, the documents often, but do
not always, include the container
number. However, Form 3–177
currently does not have a field for the
container number. It is difficult for our
wildlife inspectors to locate a shipment
at a seaport without the container
number, as ocean cargo shipments are
tracked by container number. By adding
a field for the container number to Form
3–177 and thus requiring this
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information on the form, we will
improve our ability to inspect ocean
cargo shipments and expedite the
inspection process for individuals,
businesses, and others who ship via
ocean cargo.
2. Second, we propose to add a field
to collect U.S. permit numbers other
than CITES. Currently, we require
importers and exporters to include the
number for a U.S. CITES permit for
those CITES listed species that require
a U.S. CITES permit. They may also or
instead have other U.S.-issued wildlife
permits, such as those required under
the Endangered Species Act, Migratory
Bird Treaty Act, Marine Mammal
Protection Act, Wild Bird Conservation
Act, Bald and Golden Eagle Protection
Act, and Lacey Act. These additional
permit numbers will enable us to link
the Form 3–177 to the permit. This will
improve data collection and analysis, as
we will be able to better ascertain what
fish or wildlife is being imported and
exported and tie it to what is being
permitted. It will also help us ensure
that permits are not duplicated and are
used the allowable number of times,
aiding enforcement.
3. Next, we propose to add a field to
collect the designated port exception
permit number. We have designated
certain ports for import and export of
fish and wildlife (see 50 CFR 14.12).
Generally, individuals, businesses, and
others who seek to import and export
fish and wildlife at non-designated ports
must obtain a designated port exception
permit by submitting an application and
paying the appropriate fees (see 50 CFR
part 13). When they file Form 3–177,
they must also include the issued
designated port exception permit in
their document package. Requiring
importers and exporters to put the
permit number on Form 3–177, along
with the import-export license number
(which we already require on Form 3–
177), will assist us in tracking permits
and making sure that importers and
exporters are authorized to use the ports
they are seeking to use. Having the
number easily accessible on Form 3–177
will help to streamline the review
process. If they are not authorized
because they have not obtained the
designated port exemption permit for
the particular port, it will assist us with
enforcement.
4. Next, we propose to add a field to
collect the CITES tag or marking number
for sport-hunted wildlife species that
require a CITES tag or marking for
import, export, and in-transit shipments
(see 50 CFR 23.74(e)). Those species
include black rhinoceros, crocodilians
(all members of the order Crocodilia,
which includes alligators, caimans,
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crocodiles, and gavials), elephants,
leopards, and markhor. A CITES tag or
marking is specific to an individual
wildlife item and may not be used for
multiple wildlife items. Each CITES tag
or marking has a unique alphanumeric
identifier. Requiring placement of the
CITES tag or marking number on Form
3–177 will help ensure we can match
the tag or marking to the Form 3–177
declaration and verify that the tag or
marking has only been used once. Thus,
we will improve our ability to inspect
shipments of these species, expedite
inspections, and improve enforcement.
It will also bolster our ability to meet
our obligations under the CITES treaty.
As part of the renewal of and
proposed changes for this information
collection, we also will review the
instructions pages of Form 3–177 to
determine what updates are appropriate.
The public may request copies of any
form or document contained in this
information collection by sending a
request to the Service Information
Collection Clearance Officer in
ADDRESSES, above.
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.
Annual
number of
respondents
Requirement
Type of Review: Revision of a
currently approved collection.
Respondents/Affected Public:
Individuals, businesses, or others that
import or export fish, wildlife, or plants;
scientific institutions that import or
export fish, wildlife, or plant scientific
specimens; and government agencies
that import or export fish, wildlife, or
plant 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
(minutes)
Total
annual burden
hours *
FWS Form 3–177 Hard Copy (Upon Import)
Individuals ........................................................................................................
Private Sector ..................................................................................................
2,884
1
3,107
1
15
15
777
0
Subtotals ...................................................................................................
2,885
3,108
........................
777
FWS Form 3–177 Hard Copy (Upon Export)
Individuals ........................................................................................................
Private Sector ..................................................................................................
76
1
76
1
15
15
19
0
Subtotals ...................................................................................................
77
77
........................
19
Individuals ........................................................................................................
Private Sector ..................................................................................................
Government .....................................................................................................
1,273
1,563
89
15,576
110,653
347
12
12
12
3,115
22,131
69
Subtotals ...................................................................................................
2,925
126,576
........................
25,315
Individuals ........................................................................................................
Private Sector ..................................................................................................
Government .....................................................................................................
642
429
61
15,782
16,258
213
12
12
12
3,156
3,252
43
Subtotals ...................................................................................................
1,132
32,253
........................
6,451
Individuals ........................................................................................................
Private Sector ..................................................................................................
Government .....................................................................................................
1
81
1
1
12,828
1
10
10
10
0
2,138
0
Subtotals ...................................................................................................
83
12,830
........................
2,138
819
149,820
1
2,497
7,921
324,664
........................
37,197
eDecs (Upon Import)
eDecs (Upon Export)
ACE (Upon Import)
ACE/AES Disclaimer
Private Sector ..................................................................................................
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..........................................................................................................
* Rounded.
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Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Notices
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.).
Madonna Baucum,
Information Collection Clearance Officer, U.S.
Fish and Wildlife Service.
[FR Doc. 2023–22181 Filed 10–4–23; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[245A2100DD/AAKC001030/A0A501010
.999900; OMB Control Number 1076–0100]
Agency Information Collection
Activities; Submission to the Office of
Management and Budget for Review
and Approval; Acquisition of Trust
Land
Bureau of Indian Affairs,
Interior.
ACTION: Notice of information collection;
request for comment.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, we,
the Bureau of Indian Affairs (BIA) are
proposing to renew an information
collection.
DATES: Interested persons are invited to
submit comments on or before
November 6, 2023.
ADDRESSES: Written comments and
recommendations for the proposed
information collection request (ICR)
should be sent within 30 days of
publication of this notice to the Office
of Information and Regulatory Affairs
(OIRA) through https://
www.reginfo.gov/public/do/PRA/
icrPublicCommentRequest?ref_
nbr=202212-1076-009 or by visiting
https://www.reginfo.gov/public/do/
PRAMain and selecting ‘‘Currently
under Review—Open for Public
Comments’’ and then scrolling down to
the ‘‘Department of the Interior.’’
FOR FURTHER INFORMATION CONTACT: To
request additional information about
this ICR, contact Steven Mullen,
Information Collection Clearance
Officer, Office of Regulatory Affairs and
Collaborative Action—Indian Affairs,
U.S. Department of the Interior, 1001
Indian School Road NW, Suite 229,
Albuquerque, New Mexico 87104;
comments@bia.gov; (202) 924–2650.
Individuals in the United States who are
deaf, deafblind, hard of hearing, or have
a speech disability may dial 711 (TTY,
ddrumheller on DSK120RN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
18:37 Oct 04, 2023
Jkt 262001
TDD, or TeleBraille) to access
telecommunications relay services. You
may also view the ICR at https://
www.reginfo.gov/public/Forward?
SearchTarget=PRA&textfield=10760100.
In
accordance with the Paperwork
Reduction Act of 1995 (PRA, 44 U.S.C.
3501 et seq.) and 5 CFR 1320.8(d)(1), 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.
A Federal Register notice with a 60day public comment period soliciting
comments on this collection of
information was published on January
5, 2023 (88 FR 879). No comments were
received.
As part of our continuing effort to
reduce paperwork and respondent
burdens, we are again soliciting
comments from the public and other
Federal agencies on the proposed ICR
that is described below. We are
especially interested in public comment
addressing the following:
(1) Whether or not the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether or not the
information will have practical utility;
(2) The accuracy of our estimate of the
burden for this collection of
information, including the validity of
the methodology and assumptions used;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) How might the agency minimize
the burden of the collection of
information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of response.
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 made
publicly available at any time. While
you can ask us in your comment to
withhold your personal identifying
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00110
Fmt 4703
Sfmt 4703
information from public review, we
cannot guarantee that we will be able to
do so.
Abstract: Section 5 of the Indian
Reorganization Act of June 18, 1934 (25
U.S.C. 5108) and the Indian Land
Consolidation Act of January 12, 1983
(25 U.S.C. 2202) authorize the Secretary
of the Interior (Secretary), in his/her
discretion, to acquire lands through
purchase, relinquishment, gift,
exchange, or assignment within or
without existing reservations for the
purpose of providing land for Indian
Tribes. Other specific laws also
authorize the Secretary to acquire lands
for individual Indians and Tribes.
Regulations implementing the
acquisition authority are at 25 CFR 151.
In order for the Secretary to acquire land
on behalf of individual Indians and
Tribes, the BIA must collect certain
information to identify the party(ies)
involved and to describe the land in
question. The Secretary also solicits
additional information deemed
necessary to make a determination to
accept or reject an application to take
land into trust for the individual Indian
or Tribe, as set out in 25 CFR 151. This
information collection allows the BIA to
review applications for compliance with
regulatory and statutory requirements.
No specific form is used.
Title of Collection: Acquisition of
Trust Land.
OMB Control Number: 1076–0100.
Form Number: None.
Type of Review: Extension of a
currently approved collection.
Respondents/Affected Public:
Individual Indians and Federally
Recognized Indian Tribes seeking
acquisition of land into trust status.
Total Estimated Number of Annual
Respondents: 500.
Total Estimated Number of Annual
Responses: 500.
Estimated Completion Time per
Response: Ranges from 100 to 150
hours.
Total Estimated Number of Annual
Burden Hours: 55,000.
Respondent’s Obligation: Required to
obtain a Benefit.
Frequency of Collection: On occasion.
Total Estimated Annual Nonhour
Burden Cost: $0.
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.
E:\FR\FM\05OCN1.SGM
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Agencies
[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Notices]
[Pages 69219-69224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22181]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS-HQ-LE-2023-N075; FF09L00200-FX-LE18110900000; OMB
Control Number 1018-0012]
Agency Information Collection Activities; Submission to the
Office of Management and Budget; Declaration for Importation or
Exportation of Fish or Wildlife
AGENCY: Fish and Wildlife Service, Interior.
[[Page 69220]]
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 with revisions.
DATES: Interested persons are invited to submit comments on or before
November 6, 2023.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be submitted within 30 days of
publication of this notice at https://www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting
``Currently under Review--Open for Public Comments'' or by using the
search function. Please provide a copy of your comments to the Service
Information Collection Clearance Officer, U.S. Fish and Wildlife
Service, MS: PRB (JAO/3W), 5275 Leesburg Pike, Falls Church, VA 22041-
3803 (mail); or by email to [email protected]. Please reference ``1018-
0012'' in the subject line of your comments.
FOR FURTHER INFORMATION CONTACT: Madonna L. Baucum, Service Information
Collection Clearance Officer, by email at [email protected], or by
telephone at (703) 358-2503. Individuals in the United States who are
deaf, deafblind, hard of hearing, or have a speech disability may dial
711 (TTY, TDD, or TeleBraille) to access telecommunications relay
services. Individuals outside the United States should use the relay
services offered within their country to make international calls to
the point-of-contact in the United States.
SUPPLEMENTARY INFORMATION: In accordance with the Paperwork Reduction
Act (PRA, 44 U.S.C. 3501 et seq.) and its implementing regulations at 5
CFR 1320.8(d)(1), all information collections require approval under
the PRA. We may not conduct or sponsor and you are not required to
respond to a collection of information unless it displays a currently
valid OMB control number.
On May 5, 2023, we published in the Federal Register (88 FR 29145)
a notice of our intent to request that OMB approve this information
collection. In that notice, we solicited comments for 60 days, ending
on July 5, 2023. In an effort to increase public awareness of, and
participation in, our public commenting processes associated with
information collection requests, the Service also published the Federal
Register notice on Regulations.gov (Docket No. FWS-HQ-LE-2023-0049) to
provide the public with an additional method to submit comments (in
addition to the typical [email protected] email and U.S. mail
submission methods). We received the following comments in response to
that notice:
Comment 1: Electronic comment received May 5, 2023, via
Regulations.gov (FWS-HQ-LE-2023-0049-0003) from Jean Public.
Agency Response to Comment 1: The commenter did not address the
information collection requirements. No response is required.
Comment 2: Electronic comment received June 8, 2023, via
Regulations.gov (FWS-HQ-LE-2023-0049-0004) from Laura Bies, on behalf
of the Ornithological Council. First, the commenter stated that it is
difficult to enter many specimens into the e-Decs system individually
rather than being able to upload a spreadsheet or a batch of
information. Individual entry takes several hours, and the eDecs system
appears to time out. Second, the commenter stated that automatic
recognition of species' protected status under the Convention on
International Trade in Endangered Species of Wild Fauna and Flora
(CITES), the Endangered Species Act (ESA or Act), the Migratory Bird
Treaty Act (MBTA), etc., by the eDecs system when the importer/exporter
is entering them, would be helpful and would save a lot of time. Third,
the commenter agreed that the average estimate for an eDec with one
species is 10 minutes, but for a scientific eDec with many species, it
may take hours.
Agency Response to Comment 2: First, we are working on a tool in
eDecs that will allow bulk entry of species comparable to what the
commenter describes. Second, it is up to the importer/exporter to know
the status and the requirements for the species they are importing or
exporting; further, we are concerned that if the system flags a species
as protected, dishonest importers/exporters will simply choose a
different species and declare the species as that one instead. Third,
we note the commenter's points about the burden estimate and have
addressed them below, along with the comments we received from the
outreach regarding the burden estimate.
Comment 3: Electronic comment received June 26, 2023, via
Regulations.gov (FWS-HQ-LE-2023-0049-0005) from Jose D. Gonzalez,
President, on behalf of the National Customs Brokers & Forwarders
Association of America, Inc. First, the commenter stated that the
container number is available in Automated Commercial Environment
(ACE). Relatedly, the commenter said that the container number is not
known for exports, because the container is loaded after inspection.
Second, the commenter notes that the permit number and port exception
number are available in ACE, while the CITES tag number is available on
the CITES certificate. Third, the commenter states that the additional
data elements may not apply to exports and asks for an N/A option.
Fourth, the commenter states that ACE does not support the generation
of multiple eDecs per entry. Fifth, the commenter provided burden
estimates for declaration filing; 15-20 minutes for eDecs, 10-15
minutes for a complete data set in ACE, and 15-25 minutes for a limited
data set in ACE. The commenter added that the burden goes beyond the
actual data entry and includes preparation and post-entry elements.
Agency Response to Comment 3: First, not all declarations are
submitted through ACE, so we need to ask for the container number in
eDecs and on the 3-177. The container number is sometimes known for
exports, but we will not make this a required field. Second, again, not
all declarations are submitted through ACE, and we note that the CITES
certificate has the tag number, but it will better enable our
inspection efforts to have it on the declaration in eDecs, and in ACE
as well. Third, we disagree that these additional elements do not apply
to exports, as all of them could; a field may be required based on the
commodity and location of export. Fourth, we recognize that the systems
have this limitation; it is a problem we hope to address in the future,
recognizing that there are budget constraints. Fifth, we note the
comments about additional efforts relating to the import process from
the commenter. Lastly, we note the burden estimates and have addressed
them below, along with the comments we received from the outreach
regarding the burden estimate.
Comment 4: Anonymous comment received July 2, 2023, via
Regulations.gov (FWS-HQ-LE-2023-0049-0006).
Agency Response to Comment 4: The commenter did not address the
information collection requirements. No response is required.
Comment 5: Electronic comment received July 4, 2023, via
Regulations.gov (FWS-HQ-LE-2023-0049-0007) from John McLaurin,
President, on behalf of Safari Club International. The commenter
expressed concern about the personal information of hunters who import
and export
[[Page 69221]]
harvested wildlife and therefore use the 3-177 form. The commenter
suggested changes to the existing Privacy Act and Paperwork Reduction
Act statements on the form that would reflect a commitment to withhold
declarants' personal private information under Freedom of Information
Act (FOIA) Exemptions 6 and 7(A). The commenter also requested that we
add a place on the form where declarants could indicate they want their
personal information withheld from disclosure.
Agency Response to Comment 5: The commenter submitted comments on
the existing Privacy Act and Paperwork Reduction Act Statements. We
included revised statements with the draft form we placed in the docket
along with the 60-day notice. We have since revised the Privacy Act and
Paperwork Reduction Act, and FOIA statements. In particular, we revised
the FOIA statement to address personal identifiable information under
Exemption 6. With this addition to the statement, there is no need for
declarants to identify personal information for withholding. We did not
make changes to the Paperwork Reduction Act Statement, as submissions
are voluntary.
Comment 6: Electronic comment received July 4, 2023, via
Regulations.gov (FWS-HQ-LE-2023-0049-0008) from Tanya Sanerib,
International Legal Director, Center for Biological Diversity, and from
Nicholas Arrivo, Managing Attorney, on behalf of The Humane Society of
the United States. First, the commenter notes that the information we
receive on Forms 3-177 is essential for law enforcement functions, for
meeting CITES obligations, and for us and the public to understand and
monitor trade. Second, the commenter makes several suggestions
regarding the FOIA statement, including that the statement should
reflect that all information received will be disclosed, except for
some personally identifiable information under FOIA exemptions 6 and
7(A), and that the commercial information exemption (exemption 4),
should not apply. The commenter also states that we should not continue
to engage in a submitter notice review process that is burdensome on us
and on data submitters, and their changes would allow us to avoid this.
Third, the commenter states that the form should say that imports/
exports will be denied if the 3-177 is not completed. Fourth, the
commenter states that the full scientific and common name of each
species needs to be on the 3-177; for example, marine aquarium tropical
fish importers do not provide that information, so it is not clear what
species are being imported. Fifth, the commenter states that submitters
do not always fill out the number of specimens imported/exported, but
rather the number of cartons; we should require both. Lastly, the
commenter states that our recent application of FOIA exemption 4 has
created an incredibly onerous system for data submitters and for us,
and their suggested changes to the FOIA statement would resolve this.
Agency Response to Comment 6: Regarding the FOIA statement
suggestion that all information should be disclosed except for
personally identifiable information, we agree in part. We will continue
to apply Exemption 4 as explained in the draft form's FOIA statement,
and we added a statement reflecting that personally identifiable
information will be withheld as appropriate under Exemption 6. We are
retaining our previous language and proposed process under Exemption 4
of the FOIA regarding submitted commercial information. The Service
believes that it is possible that a submitter could make an appropriate
showing, in some circumstances, that Exemption 4 applies to information
on the 3-117. Because Exemption 4 relies upon information provided by a
submitter, it is necessary that the Service include instructions for
transmitting that information. We believe the approach outlined on the
draft form's statement is appropriate. Because various FOIA requesters
ask for import/export data in a variety of ways, we think that an
approach led by the FOIA Officer will lead to less burden on the day-
to-day requester and allow the Service to apply Exemption 4 more
accurately.
Next, regarding the commenter's statement that the notices on the
form should say that authorization to import/export wildlife will be
denied if the form is incomplete, we made some changes in this language
so that the public knows submission of the information is voluntary. We
also clarified that information submission is required to receive
import/export authorization and that failure to provide all requested
information may result in denial of authorization. We will not select
automatic denial in all cases and state that on this form; we routinely
work with importers/exporters to correct mistakes, and we have
enforcement discretion that we do not want to limit without compelling
justification.
Regarding requiring the full and scientific names, we are working
on programming that will allow improved/bulk entry of species names,
and we hope will increase the number of species identified in the 3-177
vs. in supporting documents. As for the number of specimens, that is a
required item. Lastly, we appreciate the commenter's efforts to suggest
improvements to overcome the challenges presented to the Service by the
application of FOIA exemptions to such an expansive database. The
Service looks forward to working with the public to better inform its
Exemption 4 practice in ways that enhance our mission and fully comply
with the law.
As part of our continuing effort to reduce paperwork and respondent
burdens, we invite the public and other Federal agencies 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.
We are especially interested in public comment addressing the
following:
(1) Whether or not the collection of information is necessary for
the proper performance of the functions of the agency, including
whether or not the information will have practical utility;
(2) The accuracy of our estimate of the burden for this collection
of information, including the validity of the methodology and
assumptions used;
(3) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
(4) How might the agency minimize the burden of the collection of
information on those who are to respond, including through the use of
appropriate automated, electronic, mechanical, or other technological
collection techniques or other forms of information technology, e.g.,
permitting electronic submission of response.
Comments that you submit in response to this notice are a matter of
public record. We will include or summarize each comment in our request
to OMB to approve this information collection request (ICR). 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
made 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.
[[Page 69222]]
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 as necessary for enforcing the Act or
upholding the Convention on International Trade in Endangered Species
(CITES; 16 U.S.C. 1538(e)). With some exceptions, individuals,
businesses, and others importing into or exporting from the United
States any fish or wildlife 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 enables us to:
Accurately inspect the contents of the shipment;
Enforce any regulations that pertain to the fish,
wildlife, or plants contained in the shipment; and
Maintain records of the importation and exportation of
these commodities.
Individuals, businesses, and others must file FWS Forms 3-177 and
3-177a with us at the time of import or export of fish or wildlife. Our
regulations allow certain species of fish or 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 submit
the hard copy of the completed forms to U.S. Customs and Border
Protection (CBP). We later collect these submitted forms from CBP and
enter the information into the Service's Law Enforcement Management
Information System (LEMIS). Form 3-177 collects the following
information:
1. Date of the import/export;
2. Import/export license number;
3. Whether the shipment is an import or export;
4. Port of clearance;
5. Purpose code;
6. Customs documents number(s);
7. Name of carrier;
8. Transportation code;
9. Bonded location for inspection;
10. Whether the importer/exporter is based in the United States or
in a foreign country;
11. Name, address, phone, and email of importer/exporter;
12. Identifier number and ID type of importer/exporter;
13. Name, phone, fax, email address, and contact person for customs
broker, shipping agent, or freight forwarder;
14. Identifier number and ID type of customs broker, shipping
agent, or freight forwarder;
15. Scientific and common name of the fish or wildlife;
16. Permit numbers (if permits are required);
17. Description, quantity, and value of the fish or wildlife;
18. Natural country of origin of the fish or wildlife; and
19. Whether the wildlife is live and venomous.
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 markings on cartons and number of
cartons containing fish or wildlife, assists our wildlife inspectors if
a physical examination of the shipment is necessary.
We are also requesting OMB's continued approval for electronic
collection of data through CBP's Automated Commercial Environment (ACE)
portal as an alternative electronic option for importers to eDecs. ACE
is the system through which the trade community transmits international
trade data required by CBP and all other participating government
agencies. 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. Although
the Service does not mandate importers to use ACE to file Service data
at this time, if the filer chooses to file in ACE, we will collect the
data from ACE as an alternative to eDecs. If importers file in ACE,
they should not file in eDecs.
Proposed Revisions to This Information Collection
With this submission, we propose the following revisions to this
information collection for OMB approval:
1. We propose to collect the container number for fish or wildlife
shipped via ocean cargo. When fish or wildlife are imported and
exported on cargo ships, they are packed in shipping containers, which
have unique numbers. When our inspectors receive documents for these
shipments, the documents often, but do not always, include the
container number. However, Form 3-177 currently does not have a field
for the container number. It is difficult for our wildlife inspectors
to locate a shipment at a seaport without the container number, as
ocean cargo shipments are tracked by container number. By adding a
field for the container number to Form 3-177 and thus requiring this
information on the form, we will improve our ability to inspect ocean
cargo shipments and expedite the inspection process for individuals,
businesses, and others who ship via ocean cargo.
2. Second, we propose to add a field to collect U.S. permit numbers
other than CITES. Currently, we require importers and exporters to
include the number for a U.S. CITES permit for those CITES listed
species that require a U.S. CITES permit. They may also or instead have
other U.S.-issued wildlife permits, such as those required under the
Endangered Species Act, Migratory Bird Treaty Act, Marine Mammal
Protection Act, Wild Bird Conservation Act, Bald and Golden Eagle
Protection Act, and Lacey Act. These additional permit numbers will
enable us to link the Form 3-177 to the permit. This will improve data
collection and analysis, as we will be able to better ascertain what
fish or wildlife is being imported and exported and tie it to what is
being permitted. It will also help us ensure that permits are not
duplicated and are used the allowable number of times, aiding
enforcement.
3. Next, we propose to add a field to collect the designated port
exception permit number. We have designated certain ports for import
and export of fish and wildlife (see 50 CFR 14.12). Generally,
individuals, businesses, and others who seek to import and export fish
and wildlife at non-designated ports must obtain a designated port
exception permit by submitting an application and paying the
appropriate fees (see 50 CFR part 13). When they file Form 3-177, they
must also include the issued designated port exception permit in their
document package. Requiring importers and exporters to put the permit
number on Form 3-177, along with the import-export license number
(which we already require on Form 3-177), will assist us in tracking
permits and making sure that importers and exporters are authorized to
use the ports they are seeking to use. Having the number easily
accessible on Form 3-177 will help to streamline the review process. If
they are not authorized because they have not obtained the designated
port exemption permit for the particular port, it will assist us with
enforcement.
4. Next, we propose to add a field to collect the CITES tag or
marking number for sport-hunted wildlife species that require a CITES
tag or marking for import, export, and in-transit shipments (see 50 CFR
23.74(e)). Those species include black rhinoceros, crocodilians (all
members of the order Crocodilia, which includes alligators, caimans,
[[Page 69223]]
crocodiles, and gavials), elephants, leopards, and markhor. A CITES tag
or marking is specific to an individual wildlife item and may not be
used for multiple wildlife items. Each CITES tag or marking has a
unique alphanumeric identifier. Requiring placement of the CITES tag or
marking number on Form 3-177 will help ensure we can match the tag or
marking to the Form 3-177 declaration and verify that the tag or
marking has only been used once. Thus, we will improve our ability to
inspect shipments of these species, expedite inspections, and improve
enforcement. It will also bolster our ability to meet our obligations
under the CITES treaty.
As part of the renewal of and proposed changes for this information
collection, we also will review the instructions pages of Form 3-177 to
determine what updates are appropriate.
The public may request copies of any form or document contained in
this information collection by sending a request to the Service
Information Collection Clearance Officer in ADDRESSES, above.
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: Revision of a currently approved collection.
Respondents/Affected Public: Individuals, businesses, or others
that import or export fish, wildlife, or plants; scientific
institutions that import or export fish, wildlife, or plant scientific
specimens; and government agencies that import or export fish,
wildlife, or plant 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.
----------------------------------------------------------------------------------------------------------------
Completion
Annual number Total annual time per Total annual
Requirement of respondents responses response burden hours *
(minutes)
----------------------------------------------------------------------------------------------------------------
FWS Form 3-177 Hard Copy (Upon Import)
----------------------------------------------------------------------------------------------------------------
Individuals..................................... 2,884 3,107 15 777
Private Sector.................................. 1 1 15 0
---------------------------------------------------------------
Subtotals................................... 2,885 3,108 .............. 777
----------------------------------------------------------------------------------------------------------------
FWS Form 3-177 Hard Copy (Upon Export)
----------------------------------------------------------------------------------------------------------------
Individuals..................................... 76 76 15 19
Private Sector.................................. 1 1 15 0
---------------------------------------------------------------
Subtotals................................... 77 77 .............. 19
----------------------------------------------------------------------------------------------------------------
eDecs (Upon Import)
----------------------------------------------------------------------------------------------------------------
Individuals..................................... 1,273 15,576 12 3,115
Private Sector.................................. 1,563 110,653 12 22,131
Government...................................... 89 347 12 69
---------------------------------------------------------------
Subtotals................................... 2,925 126,576 .............. 25,315
----------------------------------------------------------------------------------------------------------------
eDecs (Upon Export)
----------------------------------------------------------------------------------------------------------------
Individuals..................................... 642 15,782 12 3,156
Private Sector.................................. 429 16,258 12 3,252
Government...................................... 61 213 12 43
---------------------------------------------------------------
Subtotals................................... 1,132 32,253 .............. 6,451
----------------------------------------------------------------------------------------------------------------
ACE (Upon Import)
----------------------------------------------------------------------------------------------------------------
Individuals..................................... 1 1 10 0
Private Sector.................................. 81 12,828 10 2,138
Government...................................... 1 1 10 0
---------------------------------------------------------------
Subtotals................................... 83 12,830 .............. 2,138
----------------------------------------------------------------------------------------------------------------
ACE/AES Disclaimer
----------------------------------------------------------------------------------------------------------------
Private Sector.................................. 819 149,820 1 2,497
---------------------------------------------------------------
............................................ 7,921 324,664 .............. 37,197
----------------------------------------------------------------------------------------------------------------
* Rounded.
[[Page 69224]]
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.).
Madonna Baucum,
Information Collection Clearance Officer, U.S. Fish and Wildlife
Service.
[FR Doc. 2023-22181 Filed 10-4-23; 8:45 am]
BILLING CODE 4333-15-P