Advance Notice of Proposed Rulemaking, June 30, 2011 - APHIS

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1 38330 Federal Register / Vol. 76, No. 126 / Thursday, June 30, 2011 / Proposed Rules retrospective review of rules is an in our reading room, which is located in Docket No. APHIS 20080119) and important part of the regulatory process room 1141 of the USDA South Building, provided a revised, more detailed as long as it does not impose additional 14th Street and Independence Avenue, phase-in schedule based on comments burdens to the agency and to the public. SW., Washington, DC. Normal reading we received in response to the October I urge the Commission as we move Room hours are 8 a.m. to 4:30 p.m., notice. We solicited comment on the forward with finalizing rules to consider Monday through Friday, except revised phase-in plan for 60 days ending the goals of the Executive Orders. holidays. To be sure someone is there to on April 6, 2009, and received 41 [FR Doc. 201116430 Filed 62911; 8:45 am] help you, please call (202) 6902817 comments by that date. The comments BILLING CODE 635101P before coming. covered a range of topics, including the FOR FURTHER INFORMATION CONTACT: Mr. scope of the declaration requirement, George Balady, Staff Officer, Quarantine the specific products covered in each Policy, Analysis and Support, PPQ, phase, definitions of terms, length of DEPARTMENT OF AGRICULTURE phases, effects on trade and industry, APHIS, 4700 River Road Unit 60, Riverdale, MD 207371231; (301) 734 and enforcement issues. On September Animal and Plant Health Inspection 5783. 2, 2009, we published a third notice in Service the Federal Register (74 FR 45415 SUPPLEMENTARY INFORMATION: 45418, Docket No. APHIS20080119) 7 CFR Part 357 Background and provided a further revised, more [Docket No. APHIS20100129] The Lacey Act (16 U.S.C. 3371 et detailed phase-in schedule based on seq.), first enacted in 1900 and comments we received in response to RIN 0579AD44 the April notice as well as our significantly amended in 1981, is the United States oldest wildlife protection experience with implementation to that Implementation of Revised Lacey Act statute. The Act combats trafficking in date. We solicited comment on the Provisions illegal wildlife, fish, or plants. The revised phase-in plan for 60 days ending AGENCY: Animal and Plant Health Food, Conservation and Energy Act of on November 2, 2009, and received 67 Inspection Service, USDA. 2008, effective May 22, 2008, amended comments by that date. ACTION: Advance notice of proposed We are publishing this advance notice the Lacey Act by expanding its rulemaking. of proposed rulemaking in order to seek protection to a broader range of plants information and develop regulatory and plant products (Section 8204, SUMMARY: The Food, Conservation and options on the following issues: Prevention of Illegal Logging Practices). 1. Whether an exception from the Energy Act of 2008 amended the Lacey The Lacey Act now makes it unlawful Act to provide, among other things, that declaration requirement for products to import, export, transport, sell, containing minimal amounts of plant importers submit a declaration at the receive, acquire, or purchase in time of importation for certain plants material could be developed that would interstate or foreign commerce any be less burdensome while still carrying and plant products. The declaration plant, with some limited exceptions, requirements of the Lacey Act became out the intent of the Lacey Act taken, possessed, transported, or sold in amendments; effective on December 15, 2008, and violation of the laws of the United enforcement of those requirements is 2. How importers may comply with States, a State, an Indian tribe, or any the declaration requirement when being phased in. We are soliciting foreign law that protects plants. The public comment on regulatory options importing composite plant products Lacey Act also now makes it unlawful whose genus, species, and country of that could address certain issues that to make or submit any false record, have arisen with the implementation of harvest of some or all of the plant account, or label for, or any false material may be extremely difficult or the declaration requirement. These identification of, any plant. options include establishing certain prohibitively expensive to determine; In addition, Section 3 of the Lacey 3. How to accommodate products exceptions to the declaration Act, as amended, makes it unlawful, requirement and modifying the made of re-used plant materials, or plant beginning December 15, 2008, to import materials harvested or manufactured Declaration Form PPQ 505 to simplify certain plants, including plant products, the collection of information. prior to the 2008 Lacey Act without an import declaration. The amendments, and for which identifying DATES: We will consider all comments declaration must contain the scientific country of harvest, and possibly species, that we receive on or before August 29, name of the plant, value of the would be difficult if not impossible; and 2011. importation, quantity of the plant, and 4. Whether groups of species ADDRESSES: You may submit comments name of the country from which the commonly used in commercial by either of the following methods: plant was harvested. production, could be given a separate Federal eRulemaking Portal: Go to On October 8, 2008, we published a name that could be entered on the http://www.regulations.gov/ notice in the Federal Register (73 FR declaration form as a type of shorthand #!documentDetail;D=APHIS-2010-0129- 5892558927, Docket No. APHIS 2008 identification of genus and species, such 0001. 0119) announcing our plans to begin as the currently recognized SPF Postal Mail/Commercial Delivery: phased-in enforcement of the acronym for spruce, pine, and fir. Send your comment to Docket No. declaration requirement on April 1, APHIS20100129, Regulatory Analysis 2009, and providing dates and products Declaration Requirement for Shipments srobinson on DSK4SPTVN1PROD with PROPOSALS and Development, PPD, APHIS, Station covered for the first three phases of Containing Minimal Plant Materials 3A03.8, 4700 River Road Unit 118, enforcement. We solicited comments on The Lacey Act does not explicitly Riverdale, MD 207371238. the proposed plan for phasing in address whether the declaration Supporting documents and any enforcement for 60 days ending on requirement is intended to apply to comments we receive on this docket December 8, 2008, and received 124 imported products that contain only may be viewed at http:// comments by that date. On February 3, minimal amounts of plant material. It is www.regulations.gov/ 2009, we published a second notice in not ideal to apply this requirement to #!docketDetail;D=APHIS-2010-0129 or the Federal Register (74 FR 59115913, minimal amounts of non-listed (i.e., not VerDate Mar2010 18:02 Jun 29, 2011 Jkt 223001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\30JNP1.SGM 30JNP1

2 Federal Register / Vol. 76, No. 126 / Thursday, June 30, 2011 / Proposed Rules 38331 of conservation concern) plant materials One approach we are considering is to Declaration Requirement for Dated contained in an otherwise non-plant define the term composite plant Products product, such as wooden buttons on a materials and then formally recognize We recognize that it may be difficult shirt. Instead this issue might be a de minimis exception from the to determine and report the scientific efficiently addressed by describing a declaration requirement for products name and/or country of harvest of level at which the declaration containing such materials for the plants in some products made of re-used requirement does not apply. Some purposes of Section 3 of the Lacey Act. plant materials, or harvested or commenters on our previous notices Using this approach, we might define manufactured prior to the passage of the referred to this as a de minimis composite plant materials as plant Lacey Act Amendments of 2008. We do exception from the declaration products and plant-based components not believe that it was the intention of requirement. Such a de minimis of products where the original plant the amendments to prevent all such exception would be designed to ensure material is mechanically or chemically products from entering the United that the declaration requirement fulfills broken down and subsequently re- States. However, the Act as amended, the purposes of the Lacey Act without composed or used as an extract in a including the plant import declaration unduly burdening commerce. Therefore, manufacturing process. Such a requirement, applies to all imports of the exception would not apply to definition would also need to include plants, plant parts, and products thereof products containing plant material from exceptions for species listed in an as of the effective date of the species of conservation concern that are appendix to CITES; as an endangered or amendments. We currently allow an listed in an appendix to the Convention threatened species under the importer to declare that the product on International Trade in Endangered Endangered Species Act of 1973; or being imported was manufactured prior Species of Wild Fauna and Flora pursuant to any State law that provides (CITES, 27 UST 1087; TIAS 8249); as an for the conservation of species that are to May 22, 2008, and that in the exercise endangered or threatened species under indigenous to the State and are of due care the genus, species, and/or the Endangered Species Act of 1973 (16 threatened with extinction. country of harvest is unknown. The U.S.C. 1531 et seq.); or pursuant to any We also invite comments on two importer must still provide on the State law that provides for the possible approaches to incorporating declaration form all known or conservation of species that are such a definition into a de minimis reasonably knowable genus, species, indigenous to the State and are exception from the declaration and country of harvest information, and, threatened with extinction. requirement for composite plant as explained below, the person We are considering the feasibility of materials. In the first approach, if the completing the declaration must certify defining a de minimis exception for plant product being imported is that the declaration is correct to the best products containing minimal amounts composed in whole or in part of a of his or her knowledge. An Animal and of plant material. We invite comment on composite plant material, importers Plant Health Inspection Service- defining a threshold in terms of the would have to identify the genus, designated Special Use Code is volume, weight, or value of plant species, and country of harvest of no provided to streamline the declaration material in each item being imported, or less than a given percentage of the of materials manufactured prior to the using some combination of all three composite plant material content, amendment. We anticipate that this measures. We also invite comment on measured on the basis of either weight approach would allow for trade in whether the threshold of the plant or volume. existing inventories and would material should be set at 2 percent, 5 In the second approach, where the diminish in use rapidly, ultimately percent, or 10 percent of a product, and plant product being imported is applying largely to antique products, or whether that percentage of the plant composed in whole or in part of a those being re-sold. We invite comments content should be based on volume, composite plant material, the on this practice. weight, or value of the item being declaration would have to contain the Declaration Revision imported. We also seek public comment average percent composite plant on whether the de minimis exception content, measured on the basis of either Public comments and our experience should be based on a certain percentage weight or volume, without regard for the implementing the declaration to date of just one of these characteristics species or country of harvest of the have drawn attention to the need to (volume, weight, or value) of the entry, plant, in addition to information as to revise the declaration form to improve or whether it should be based on a genus, species, and country of harvest its effectiveness and remove combination of two or three of these for any non-composite plant content. unnecessary burdens associated with characteristics. We invite comment on the possibility providing the required information. of defining composite plant products Comments on previous notices have Declaration Requirement for Goods and implementing either of the drawn particular attention to the burden With Composite Plant Materials approaches described above. We associated with providing scientific The Lacey Acts declaration particularly invite comment on the name, country of harvest, and plant requirements do not address the issue of possibility of using the Genus spp. quantity information for each plant how to comply with the declaration format (for example, Acer spp.) for component of products in a shipment, requirements when importing goods for certain composite plant materials in especially when the declaration is which identifying all of the plant limited circumstances both as to the required for complex products, such as material in the product by genus and scope of composite plant materials furniture. In response to these srobinson on DSK4SPTVN1PROD with PROPOSALS species is extremely difficult or covered and the scope of the comments, we simplified the prohibitively expensive; however, the circumstances in which the format may declaration so that the scientific name comments received to date demonstrate be used for those limited materials. We and country of harvest information need that many composite plant products are also invite comment on possible not be reported for each article or manufactured in a manner that makes percentages that could be used as a component of an article in an entry but identification of the genus and species threshold for a de minimis exception can instead be provided for the entry as of all of the plant content difficult and from the declaration requirement for a whole. That is, the amount of each perhaps prohibitively expensive. composite plant materials. species, by country of harvest, is VerDate Mar2010 18:02 Jun 29, 2011 Jkt 223001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\30JNP1.SGM 30JNP1

3 38332 Federal Register / Vol. 76, No. 126 / Thursday, June 30, 2011 / Proposed Rules required only in total for each notice we specifically invited comments DEPARTMENT OF TRANSPORTATION Harmonized Tariff Schedule code. on the use of species groups, such as Importers are still permitted to report SPF for spruce, pine and fir, when Federal Aviation Administration the scientific name information by such groups accurately describe the article or component of article if that species that may be contained in the 14 CFR Part 39 organizational structure is preferable. product(s) covered by the declaration. This has significantly reduced the lines [Docket No. FAA20110649; Directorate We received a number of comments Identifier 2011NM076AD] of data entry required while causing supporting this approach and no little reduction in the enforcement comments in opposition. Therefore, we RIN 2120AA64 utility of the information. However, the have begun to provide reference codes importer of record is still required to Airworthiness Directives; The Boeing for such groups, along with the lists of maintain records documenting the Company Model MD11 and MD11F information used to calculate these total species included in each group, on the APHIS Web site at http:// Airplanes amounts for 5 years, should it be needed to facilitate an inspection or substantiate www.aphis.usda.gov/plant_health/ AGENCY: Federal Aviation the totals provided. lacey_act/. Administration (FAA), DOT. The declaration could also be revised In addition, we invite proposals for ACTION: Notice of proposed rulemaking to substitute a new term in place of the additional groupings to be considered. (NPRM). term country of harvest, which Any proposal for a species group should experience has indicated is so similar to contain the complete list of species to be SUMMARY: We propose to adopt a new the Customs term country of origin as included and additional information airworthiness directive (AD) for the to be confusing. We are considering with which we can evaluate the extent products listed above. This proposed using the phrase harvest location (by to which the proposed group is AD would require replacing the rub country) to attempt to more clearly strips of the tail fuel tank access door currently represented in goods in distinguish this information from the with new rub strips. This proposed AD international trade. Only those species Customs concept of country of origin of was prompted by a report that the rub the merchandise. group codes posted on the APHIS Web strips of the tail fuel tank access door The declaration form could be further site can be used to meet the requirement were manufactured improperly. We are revised to accommodate the changes to provide genus and species proposing this AD to prevent inadequate and proposals described above. These information on the plant import electrical bonding between the rub changes could include revision of the declaration. strips and the fuel access door, which form to collect information required for The Web site also contains the text of can contribute to possible ignition of composite materials (the percent the Lacey Act, as amended, the flammable fuel vapor in the tail fuel composite material in the shipment, for declaration form and enforcement tank as a result of a lightning strike. which it is not possible to identify schedule, guidance on compliance with DATES: We must receive comments on species and/or country of harvest). In the provisions of the Act, and links to this proposed AD by August 15, 2011. addition, the revised form could have a previous Federal Register publications. box that would have to be checked ADDRESSES: You may send comments by The Web site will be updated as new any of the following methods: when an importer needs to report goods materials become available. Federal eRulemaking Portal: Go to manufactured prior to May 22, 2008, for which the importer cannot determine, Persons interested in receiving http://www.regulations.gov. Follow the in the exercise of due care, the genus, updates on APHISs Lacey Act efforts instructions for submitting comments. species and/or country of harvest of should register for our stakeholder Fax: 2024932251. those plant products. The box would registry at https:// Mail: U.S. Department of state that the plant products were web01.aphis.usda.gov/ Transportation, Docket Operations, manufactured prior to May 22, 2008, PPQStakeWeb2.nsf and select Lacey M30, West Building Ground Floor, and that in the exercise of due care, the Act Declaration as a topic of interest. Room W12140, 1200 New Jersey importer has been unable to determine Avenue, SE., Washington, DC 20590. This action has been determined to be Hand Delivery: Deliver to Mail the genus, species, and/or country of not significant for the purposes of address above between 9 a.m. and harvest information that is lacking on Executive Order 12866 and, therefore, 5 p.m., Monday through Friday, except the declaration form. We are soliciting comments on these has not been reviewed by the Office of Federal holidays. possible changes to the declaration Management and Budget. For service information identified in form. Authority: 16 U.S.C. 3371 et seq.; 7 CFR this proposed AD, contact Boeing 2.22, 2.80, and 371.2(d). Commercial Airplanes, Attention: Data Declaration of Genus and Species Using & Services Management, 3855 Species Groupings Done in Washington, DC, this 24th day of Lakewood Boulevard, MC D8000019, June 2011. We also recognize that the declaration Long Beach, California 908460001; requirement to identify the genus and Kevin Shea, telephone 2065445000, extension 2; species of all plants that may be Acting Administrator, Animal and Plant fax 2067665683; e-mail contained in covered products may Health Inspection Service. [email protected]; Internet srobinson on DSK4SPTVN1PROD with PROPOSALS frequently require declarations to [FR Doc. 201116406 Filed 62911; 8:45 am] https://www.myboeingfleet.com. You contain long lists of species. A number BILLING CODE 341034P may review copies of the referenced of commenters requested that service information at the FAA, recognized groups of common species Transport Airplane Directorate, 1601 often traded in combination in similar Lind Avenue, SW., Renton, Washington. percentages in particular industries be For information on the availability of allowed to be declared under a single this material at the FAA, call 425227 shorthand definition. In a previous 1221. VerDate Mar2010 18:02 Jun 29, 2011 Jkt 223001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\30JNP1.SGM 30JNP1

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