[Federal Register: January 5, 2009 (Volume 74, Number 2)]
[Notices]               
[Page 259-260]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ja09-24]                         


	
	
	
	

Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

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[[Page 259]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2008-0136]

 
Notice of Request for Extension of Approval of an Information 
Collection; Lacey Act Declaration Requirement; Plants and Plant 
Products

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Extension of approval of an information collection; comment 
request.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this 
notice announces the Animal and Plant Health Inspection Service's 
intention to request an extension of approval of an information 
collection required by the Lacey Act for the importation of certain 
plants and plant products.

DATES: We will consider all comments that we receive on or before March 
6, 2009.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://
www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2008-0136 to submit or view comments and 
to view supporting and related materials available electronically.
     Postal Mail/Commercial Delivery: Please send two copies of 
your comment to Docket No. APHIS-2008-0136, Regulatory Analysis and 
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, 
Riverdale, MD 20737-1238. Please state that your comment refers to 
Docket No. APHIS-2008-0136.
    Reading Room: You may read any comments that we receive on this 
docket in our reading room. The reading room 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) 690-2817 before coming.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at http://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: For information on the Lacey Act 
declaration requirement, contact Mr. Alex Belano, Assistant Branch 
Chief, Commodity Import Analysis and Operations, PPQ, APHIS, 4700 River 
Road Unit 133, Riverdale, MD 20737; (301) 734-8758. For copies of more 
detailed information on the information collection, contact Mrs. 
Celeste Sickles, APHIS' Information Collection Coordinator, at (301) 
851-2908.

SUPPLEMENTARY INFORMATION: 
    Title: Lacey Act Declaration Requirement; Plants and Plant 
Products.
    OMB Number: 0579-0349.
    Type of Request: Extension of approval of an information 
collection.
    Abstract: The Food, Conversation, and Energy Act of 2008, effective 
May 22, 2008, amended the Lacey Act (the Act) by expanding its 
protection to a broader range of plants and plant products (Section 
8204, Prevention of Illegal Logging Practices). The Lacey Act, as 
amended, makes it unlawful to import, export, transport, sell, receive, 
acquire, or purchase in interstate or foreign commerce any plant, with 
some limited exceptions, taken, possessed, transported or sold in 
violation of the laws of the United States, a State, an Indian tribe, 
or any foreign law that protects plants. The 2008 amendment to the Act 
also makes it unlawful to make or submit any false record, account or 
label for, or any false identification of, any plant covered by the 
Act.
    In addition, beginning December 15, 2008, section 3 of the Act 
makes it unlawful to import certain plants and plant products without 
an import declaration, The declaration must contain, among other 
things, 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.
    The U.S. Department of Agriculture's Animal and Plant Health 
Inspection Service (APHIS) is part of an interagency group working to 
implement the new provisions. That group includes representatives from 
APHIS, U.S. Forest Service, Customs and Border Protection, U.S. Trade 
Representative, U.S. Department of Justice, U.S. Department of State, 
U.S. Fish and Wildlife Service, Council on Environmental Quality, and 
Department of Commerce.
    In a notice published in the Federal Register on October 8, 2008 
(73 FR 58925-58927), APHIS stated that it was seeking approval from the 
Office of Management and Budget (OMB) to collect information that the 
Lacey Act requires importers to include in the declaration and that is 
not already being collected for other purposes, as well as approval of 
a paper form that may be used for declarations. APHIS received 
emergency approval from OMB that allowed us to make the form available 
to importers and brokers who wish to voluntarily submit the declaration 
beginning December 15. The form, PPQ Form 505 (Plant and Plant Product 
Declaration Form), is available at http://www.aphis.usda.gov/plant_
health/lacey_act/downloads/declarationform.pdf.
    We are asking OMB to approve our use of this information collection 
activity for an additional 3 years.
    The purpose of this notice is to solicit comments from the public 
(as well as affected agencies) concerning our information collection. 
These comments will help us:
    (1) Evaluate whether the collection of information is necessary for 
the proper performance of the functions of the Agency, including 
whether the information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
information collection, including the validity of the methodology and 
assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond, through use, as appropriate, of automated, electronic, 
mechanical, and other collection technologies, e.g., permitting 
electronic submission of responses.
    Estimate of burden: The public reporting burden for this collection 
of information is estimated to average 1.5 hours per response.

[[Page 260]]

    Respondents: Importers of certain plants and plant products.
    Estimated annual number of respondents: 279,398.
    Estimated annual number of responses per respondent: 12.
    Estimated annual number of responses: 3,352,776.
    Estimated total annual burden on respondents: 5,029,164 hours. (Due 
to averaging, the total annual burden hours may not equal the product 
of the annual number of responses multiplied by the reporting burden 
per response.)
    All responses to this notice will be summarized and included in the 
request for OMB approval. All comments will also become a matter of 
public record.

    Done in Washington, DC, this 23rd day of December 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E8-31369 Filed 1-2-09; 8:45 am]

BILLING CODE 3410-34-P