81 FR 3939 - Lacey Act Implementation Plan; Definitions for Exempt and Regulated Articles
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service Federal Register Volume 81, Issue 15 (January 25, 2016)
Animal and Plant Health Inspection Service
Federal Register Volume 81, Issue 15 (January 25, 2016)
| Page Range | 3939-3941 | |
| FR Document | 2016-01399 |
[Federal Register Volume 81, Number 15 (Monday, January 25, 2016)] [Rules and Regulations] [Pages 3939-3941] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-01399] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ======================================================================== Federal Register / Vol. 81, No. 15 / Monday, January 25, 2016 / Rules and Regulations [[Page 3939]] DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 357 [Docket No. APHIS-2009-0018] RIN 0579-AD11 Lacey Act Implementation Plan; Definitions for Exempt and Regulated Articles AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Affirmation of interim final rule. ----------------------------------------------------------------------- SUMMARY: We are adopting as a final rule, without change, an interim final rule that established definitions for the terms common cultivar and common food crop and several related terms. The 2008 amendments to the Lacey Act expanded its protections to a broader range of plant species; extended its reach to encompass products, including timber, that derive from illegally harvested plants; and required that importers submit a declaration at the time of importation for certain plants and plant products. Common cultivars and common food crops are among the categorical exclusions to the provisions of the Act. The Act does not define the terms common cultivar and common food crop but instead gives authority to the U.S. Department of Agriculture and the U.S. Department of the Interior to define these terms by regulation. The interim final rule specifically requested comment on definitions of two related terms: Commercial scale and tree. This document responds to comments we received on those definitions. DATES: Effective on January 25, 2016, we are adopting as a final rule the interim final rule published at 78 FR 40940-40945 on July 9, 2013. FOR FURTHER INFORMATION CONTACT: Ms. Parul Patel, Senior Agriculturalist, Imports, Regulations, and Manuals, PPQ, APHIS, 4700 River Road Unit 60, Riverdale, MD 20737-1231; 301-851-2351. SUPPLEMENTARY INFORMATION: Background The Lacey Act (16 U.S.C. 3371 et seq.), first enacted in 1900 and significantly amended in 1981, is the United States' oldest wildlife protection statute. The Act combats trafficking in ``illegal'' wildlife, fish, and plants. The Food, Conservation, and Energy Act of 2008, effective May 22, 2008, amended the Lacey Act by expanding its protections to a broader range of plants and plant products (Section 8204, Prevention of Illegal Logging Practices). As amended, the Lacey Act now makes it unlawful to, among other things, import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any plant, with some limited exceptions, taken, possessed, transported or sold in violation of any Federal, State, tribal, or foreign law that protects plants or that regulates the theft of plants; the taking of plants from a park, forest reserve, or other officially protected area; the taking of plants from an officially designated area; or the taking of plants without, or contrary to, required authorization. The statute excludes from the definition of the term ``plant'' the following categories: (i) Common cultivars, except trees, and common food crops; (ii) scientific specimens for laboratory or field research (unless they are listed in an appendix to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES, 27 UST 1087; TIAS 8249); as an endangered or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); or pursuant to any State law that provides for the conservation of species that are indigenous to the State and are threatened with extinction); and (iii) plants that are to remain planted or to be planted or replanted (unless they are listed in an appendix to CITES; as an endangered or threatened species under the Endangered Species Act of 1973; or pursuant to any State law that provides for the conservation of species that are indigenous to the State and are threatened with extinction). The Lacey Act also now makes it unlawful to make or submit any false record, account, or label for, or any false identification of, any plant covered by the Act. In addition, Section 3 of the Lacey Act, as amended, makes it unlawful, beginning December 15, 2008, to import 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. Currently, enforcement of the declaration requirement is being phased in, as described in two notices we published in the Federal Register \1\ (74 FR 5911-5913 and 74 FR 45415- 45418, Docket No. APHIS-2008-0119). --------------------------------------------------------------------------- \1\ To view these notices and the comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2008-0119. --------------------------------------------------------------------------- On August 4, 2010, we published in the Federal Register (75 FR 46859-46861, Docket No. APHIS-2009-0018) a proposal \2\ to establish a new part in the plant-related provisions of title 7, chapter III of the Code of Federal Regulations (CFR), containing definitions for the terms common cultivar and common food crop. Common cultivars and common food crops are among the categorical exclusions to the provisions of the Act. The Act does not define the terms common cultivar and common food crop but instead gives authority to the U.S. Department of Agriculture and the U.S. Department of the Interior (DOI) to define these terms by regulation. --------------------------------------------------------------------------- \2\ To view the proposed rule and the comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2009-0018. --------------------------------------------------------------------------- Comments on the proposed rule were required to be received on or before November 29, 2010. The comments we received on the proposed rule included concerns about two additional terms used in the regulations. Specifically, some commenters asked that we define the term commercial scale to clarify that the definitions apply to specialty products grown commercially on a smaller scale. One commenter also asked that we define the word tree as it is used in the regulations. The commenter noted that there is no globally accepted botanical definition for tree and stated that adding a definition to the regulations would help clarify which products require a declaration. [[Page 3940]] We agreed with the commenters that adding definitions of these terms would improve clarity. Therefore, in an interim final rule \3\ published in the Federal Register on July 9, 2013 (78 FR 40940-40945, Docket No. APHIS-2009-0018), we proposed to define commercial scale as ``production, in individual products or markets, that is typical of commercial activity, regardless of the production methods or amount of production of a particular facility, or the purpose of an individual shipment'' and tree as ``a woody perennial plant that has a well- defined stem or stems and a continuous cambium, and that exhibits true secondary growth.'' --------------------------------------------------------------------------- \3\ To view the interim final rule and the comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2009-0018. --------------------------------------------------------------------------- We invited public comment on these two definitions. Comments on the interim final rule were required to be received on or before August 8, 2013. We received two comments by that date. The comments were from an organization of State plant pest regulatory agencies and a retailer selling home furnishings. One commenter supported the additional definitions as proposed. The other commenter stated that the definitions of common cultivar, common food crop, and tree do not provide enough clarity for importers to determine whether certain products are subject to provisions of the Act, but did not address the specific wording of the definitions. The commenter also asked whether certain products, including rattan, palm leaves, and willow and osier branches, were considered common cultivars and if they would be included on the list of common cultivars. Willows and osiers are trees and therefore cannot be excepted from the declaration requirement. We note that several species of palms, including African oil palm (Elaeis guineensis), carnauba palm (Copernicia spp.), and palms in the genera Astrocaryum, Bactris, and Euterpe are included on the list of common cultivars and common food crops that are excepted from the declaration requirement. Rattan and other palms are not currently excepted from the declaration requirement but may be evaluated as common food crops or common cultivars if a member of the public submits a request as described below. As we explained in the interim final rule, the list of common cultivars and common food crops is intended to be illustrative, not exhaustive. The list is available on the Animal and Plant Health Inspection Service (APHIS) Web site at http://www.aphis.usda.gov/plant_health/lacey_act/index.shtml. The public may also send inquiries about specific taxa or commodities and requests to add taxa or commodities to the list, or remove them from the list, by writing to The Lacey Act, ATT: Common Cultivar/Common Food Crop, c/o U.S. Department of Agriculture, Box 10, 4700 River Road, Riverdale, MD 20737 or by email to [email protected] and including the following information:Scientific name of the plant (genus, species); Common or trade names; Annual trade volume (e.g., cubic meters) or weight (e.g., metric tons/kilograms) of the commodity; and Any other information that will help us make a determination, such as countries or regions where grown, estimated number of acres or hectares in commercial production, and so on. Decisions about which products will be included on the list will be made jointly by APHIS and the DOI's Fish and Wildlife Service. We will inform our stakeholders when the list is updated via email and other electronic media. We will also note updates of the list on APHIS' Lacey Act Web site mentioned above. Therefore, for the reasons given in the interim final rule and in this document, we are adopting the interim final rule as a final rule without change. This action also affirms the information contained in the interim final rule concerning Executive Orders 12866 and 13563 and the Regulatory Flexibility Act, Executive Orders 12988 and 13175. Paperwork Reduction Act Section 3 of the Lacey Act makes it unlawful to import certain plants and plant products without an import declaration, which must contain, among other things, the scientific name of the plant, value of the importation, quantity of the plant, and name of the country in which the plant was harvested. In addition, there is a supplemental form that must be completed if additional space is needed to declare additional plants and plant products. Also, records of the import declaration and supplemental form must be retained for at least 5 years. These collection activities have been approved by the Office of Management and Budget (OMB) under OMB control number 0579-0349. We published a notice in the Federal Register on August 21, 2014 (79 FR 49491-49492, Docket No. APHIS-2014-0073) seeking an extension of the approval for this information collection. Common cultivars and common food crops are among the categorical exclusions to the provisions of the Act. In the July 2013 interim final rule, we advised the public that inquiries about specific taxa or commodities and requests to add taxa or commodities to the list, or remove them from the list, be sent in writing to APHIS, including information as to the scientific name of the plant (genus, species), common or trade names, annual trade volume (e.g., cubic meters) or weight (e.g., metric tons/kilograms) of the commodity, and any other information that will help us make a determination, such as countries or regions where grown, estimated number of acres or hectares in commercial production, and so on. We inadvertently did not obtain OMB approval for this information collection activity. Therefore, in accordance with section 3507(d) of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), we published a notice in the Federal Register on October 15, 2014 (79 FR 61846-61847, Docket No. APHIS-2014-0082), announcing our intention to initiate this information collection and to solicit comments. We have asked OMB to approve our use of this information collection for 3 years. When OMB notifies us of its decision, we will publish a document in the Federal Register providing notice of the assigned OMB control number, and we will combine this collection with OMB control number 0579-0349 once it is approved by OMB. E-Government Act Compliance The Animal and Plant Health Inspection Service is committed to compliance with the EGovernment Act to promote the use of the Internet and other information technologies, to provide increased opportunities for citizen access to Government information and services, and for other purposes. For information pertinent to E-Government Act compliance related to this rule, please contact Ms. Kimberly Hardy, APHIS' Information Collection Coordinator, at (301) 851-2727. List of Subjects in 7 CFR Part 357 Endangered and threatened species, Plants (Agriculture). PART 357--CONTROL OF ILLEGALLY TAKEN PLANTS 0 Accordingly, we are adopting as a final rule, without change, the interim final rule that amended 7 CFR part 357 and that was published at 78 FR 40940-40945 on July 9, 2013. [[Page 3941]] Done in Washington, DC, this 15th day of January 2016. Gary Woodward, Deputy Under Secretary for Marketing and Regulatory Programs. [FR Doc. 2016-01399 Filed 1-22-16; 8:45 am] BILLING CODE 3410-34-P
![3939
Rules and Regulations Federal Register
Vol. 81, No. 15
Monday, January 25, 2016
This section of the FEDERAL REGISTER Imports, Regulations, and Manuals, label for, or any false identification of,
contains regulatory documents having general PPQ, APHIS, 4700 River Road Unit 60, any plant covered by the Act.
applicability and legal effect, most of which Riverdale, MD 20737–1231; 301–851–
are keyed to and codified in the Code of
In addition, Section 3 of the Lacey
2351. Act, as amended, makes it unlawful,
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510. SUPPLEMENTARY INFORMATION: beginning December 15, 2008, to import
plants and plant products without an
Background
The Code of Federal Regulations is sold by import declaration. The declaration
the Superintendent of Documents. Prices of The Lacey Act (16 U.S.C. 3371 et must contain, among other things, the
new books are listed in the first FEDERAL seq.), first enacted in 1900 and scientific name of the plant, value of the
REGISTER issue of each week. significantly amended in 1981, is the importation, quantity of the plant, and
United States’ oldest wildlife protection name of the country from which the
statute. The Act combats trafficking in plant was harvested. Currently,
DEPARTMENT OF AGRICULTURE ‘‘illegal’’ wildlife, fish, and plants. The enforcement of the declaration
Food, Conservation, and Energy Act of requirement is being phased in, as
Animal and Plant Health Inspection
2008, effective May 22, 2008, amended described in two notices we published
Service
the Lacey Act by expanding its in the Federal Register 1 (74 FR 5911–
protections to a broader range of plants 5913 and 74 FR 45415–45418, Docket
7 CFR Part 357
and plant products (Section 8204, No. APHIS–2008–0119).
[Docket No. APHIS–2009–0018] Prevention of Illegal Logging Practices).
On August 4, 2010, we published in
As amended, the Lacey Act now makes
RIN 0579–AD11 the Federal Register (75 FR 46859–
it unlawful to, among other things,
46861, Docket No. APHIS–2009–0018) a
Lacey Act Implementation Plan; import, export, transport, sell, receive,
proposal 2 to establish a new part in the
Definitions for Exempt and Regulated acquire, or purchase in interstate or
plant-related provisions of title 7,
Articles foreign commerce any plant, with some
chapter III of the Code of Federal
limited exceptions, taken, possessed,
AGENCY: Animal and Plant Health Regulations (CFR), containing
transported or sold in violation of any
Inspection Service, USDA. definitions for the terms common
Federal, State, tribal, or foreign law that
cultivar and common food crop.
ACTION: Affirmation of interim final rule. protects plants or that regulates the theft
Common cultivars and common food
of plants; the taking of plants from a
SUMMARY: We are adopting as a final crops are among the categorical
park, forest reserve, or other officially
rule, without change, an interim final exclusions to the provisions of the Act.
protected area; the taking of plants from
rule that established definitions for the The Act does not define the terms
an officially designated area; or the
terms common cultivar and common common cultivar and common food
taking of plants without, or contrary to,
food crop and several related terms. The crop but instead gives authority to the
required authorization.
2008 amendments to the Lacey Act U.S. Department of Agriculture and the
The statute excludes from the
expanded its protections to a broader U.S. Department of the Interior (DOI) to
definition of the term ‘‘plant’’ the
range of plant species; extended its define these terms by regulation.
following categories: (i) Common
reach to encompass products, including cultivars, except trees, and common Comments on the proposed rule were
timber, that derive from illegally food crops; (ii) scientific specimens for required to be received on or before
harvested plants; and required that laboratory or field research (unless they November 29, 2010. The comments we
importers submit a declaration at the are listed in an appendix to the received on the proposed rule included
time of importation for certain plants Convention on International Trade in concerns about two additional terms
and plant products. Common cultivars Endangered Species of Wild Fauna and used in the regulations. Specifically,
and common food crops are among the Flora (CITES, 27 UST 1087; TIAS 8249); some commenters asked that we define
categorical exclusions to the provisions as an endangered or threatened species the term commercial scale to clarify that
of the Act. The Act does not define the under the Endangered Species Act of the definitions apply to specialty
terms common cultivar and common 1973 (16 U.S.C. 1531 et seq.); or products grown commercially on a
food crop but instead gives authority to pursuant to any State law that provides smaller scale. One commenter also
the U.S. Department of Agriculture and for the conservation of species that are asked that we define the word tree as it
the U.S. Department of the Interior to indigenous to the State and are is used in the regulations. The
define these terms by regulation. The threatened with extinction); and (iii) commenter noted that there is no
interim final rule specifically requested plants that are to remain planted or to globally accepted botanical definition
comment on definitions of two related be planted or replanted (unless they are for tree and stated that adding a
terms: Commercial scale and tree. This listed in an appendix to CITES; as an definition to the regulations would help
document responds to comments we endangered or threatened species under clarify which products require a
mstockstill on DSK4VPTVN1PROD with RULES
received on those definitions. the Endangered Species Act of 1973; or declaration.
DATES: Effective on January 25, 2016, we pursuant to any State law that provides
are adopting as a final rule the interim for the conservation of species that are 1 To view these notices and the comments we
final rule published at 78 FR 40940– indigenous to the State and are received, go to http://www.regulations.gov/
40945 on July 9, 2013. #!docketDetail;D=APHIS-2008-0119.
threatened with extinction). The Lacey 2 To view the proposed rule and the comments
FOR FURTHER INFORMATION CONTACT: Ms. Act also now makes it unlawful to make we received, go to http://www.regulations.gov/
Parul Patel, Senior Agriculturalist, or submit any false record, account, or #!docketDetail;D=APHIS-2009-0018.
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![Federal Register / Vol. 81, No. 15 / Monday, January 25, 2016 / Rules and Regulations 3941
Done in Washington, DC, this 15th day of Dated: January 20, 2016. opposed the proposed increases to the
January 2016. Dale L. Aultman, size standards in the wholesale trade
Gary Woodward, Secretary, Farm Credit Administration Board. industries. However, while some
Deputy Under Secretary for Marketing and [FR Doc. 2016–01398 Filed 1–22–16; 8:45 am] commenters appeared to be cognizant of
Regulatory Programs. BILLING CODE 6705–01–P
the effects of the proposed increases and
[FR Doc. 2016–01399 Filed 1–22–16; 8:45 am] how they apply to various small
BILLING CODE 3410–34–P business programs and their industries,
others did not seem to be aware that the
SMALL BUSINESS ADMINISTRATION
NAICS codes and size standards for the
13 CFR Part 121 wholesale and retail trade industries do
FARM CREDIT ADMINISTRATION not apply to Federal Government
RIN 3245–AG49 procurement programs and the
12 CFR Parts 600 and 606 proposed increases would have no
Small Business Size Standards: impact on size eligibility for Federal
Employee Based Size Standards in contracts.
RIN 3052–AD08 Wholesale Trade and Retail Trade What follows is a summary and
Organization and Functions; AGENCY: U.S. Small Business discussion of the comments, their
Enforcement of Nondiscrimination on Administration. positions and the issues they raise, and
the Basis of Handicap in Programs or ACTION: Final rule. SBA’s responses. All comments are
Activities Conducted by the Farm available for public review at the
Credit Administration; Organization of SUMMARY: The U.S. Small Business Federal Rulemaking Portal,
the Farm Credit Administration Administration (SBA or Agency) is www.regulations.gov.
increasing 47 small business size
AGENCY: Farm Credit Administration. Summary and Discussion of Public
standards based on a concern’s number
Comments to the May 19, 2014
ACTION: Notice of effective date. of employees. These increases affect 46
Proposed Rule
industries in North American Industry
SUMMARY: The Farm Credit Classification System (NAICS) Sector Two parties submitted identical
Administration (FCA, we, Agency or 42, Wholesale Trade, and one industry comments, opposing SBA’s proposal to
our) amended our regulations to reflect in NAICS Sector 44–45, Retail Trade. increase the size standards. The
internal organization changes and to SBA retains the size standards for the commenters stated that current size
update a statutory citation for the Farm remaining industries in those sectors standards are already too high, and
Credit Act. In accordance with the law, and the 500-employee size standard for expanding them will make matters
the Federal Government’s procurement worse. The commenters contended that
the effective date of the rule is no earlier
of supplies under the nonmanufacturer 98 percent of all businesses (including
than 30 days from the date of
rule. As part of its comprehensive size non-employer firms) have 1–19
publication in the Federal Register
standards review under the Small employees, and those businesses mostly
during which either or both Houses of
Business Jobs Act of 2010, SBA need loans of $50,000 to $250,000.
Congress are in session.
reviewed all 71 industries in NAICS Expanding the definition of ‘‘small’’ is
DATES: Under the authority of 12 U.S.C. crippling their ability to get loans, they
Sector 42, as well as the two industries
2252, the regulation amending 12 CFR added. The commenters maintained that
in NAICS Sector 44–45, that have
parts 600 and 606 published on the average size of SBA’s loan increased
employee based size standards. The
November 5, 2015 (80 FR 68427) is from $182,000 in 2008 to $547,000 in
revisions adopted in this rule primarily
effective January 25, 2016. 2013, while the share of loans under
affect eligibility for SBA’s financial
FOR FURTHER INFORMATION CONTACT: assistance programs, and have no $100,000, which they claimed generally
Michael T. Wilson, Policy Analyst, impact on Federal procurement go to truly small businesses, decreased
Office of Regulatory Policy, Farm Credit programs. from 24 percent to 9 percent.
Administration, McLean, VA 22102– The European Union defines the
DATES: This rule is effective on February smallest unit of small business as less
5090, (703) 883–4124, TTY (703) 883– 26, 2016.
4056, or Jane Virga, Senior Counsel, than 10 employees, and Australia
FOR FURTHER INFORMATION CONTACT: Carl defines ‘‘small’’ as 1–14 employees
Office of General Counsel, Farm Credit
Jordan, Office of Size Standards, (202) under its Fair Work Act, the
Administration, McLean, VA 22102–
205–6618 or sizestandards@sba.gov. commenters noted. In addition, they
5090, (703) 883–4071, TTY (703) 883–
4056. SUPPLEMENTARY INFORMATION: On May stated that the U.S. Congress defines
19, 2014 (79 FR 28631), SBA proposed small business as 20–25 employees
SUPPLEMENTARY INFORMATION: The Farm to increase employee based size ‘‘and rarely as high as 50.’’ The
Credit Administration amended our standards for 46 industries in NAICS commenters asked SBA to stop focusing
regulations to reflect internal Sector 42, Wholesale Trade, and one on 2 percent of the largest small
organization changes and to update a industry in NAICS Sector 44–45, Retail businesses and refocus on the remaining
statutory citation for the Farm Credit Trade. The Agency proposed keeping 98 percent of small businesses because
Act. In accordance with 12 U.S.C. 2252, the current size standards for the they are the ones who really need the
the effective date of the final rule is no remaining industries in those sectors. help. The higher size standards, if
earlier than 30 days from the date of SBA also proposed to retain the 500- adopted, will put loan assistance out of
mstockstill on DSK4VPTVN1PROD with RULES
publication in the Federal Register employee size standard for Federal reach for most small businesses, they
during which either or both Houses of procurement of supplies under the argued.
Congress are in session. Based on the nonmanufacturer rule (13 CFR 121.406). Another commenter that offers startup
records of the sessions of Congress, the The proposed rule sought comments workshops to entrepreneurs expressed
effective date of the regulations is from the public on the Agency’s concerns on how SBA defines small
January 25, 2016. (12 U.S.C. 2252(a)(9) proposals and received seven business. Specifically, the commenter
and (10)) comments. Generally, commenters stated that almost any business with up
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Document Created: 2018-02-02 12:35:10
Document Modified: 2018-02-02 12:35:10
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Affirmation of interim final rule. | |
| Dates | Effective on January 25, 2016, we are adopting as a final rule the interim final rule published at 78 FR 40940-40945 on July 9, 2013. | |
| Contact | Ms. Parul Patel, Senior Agriculturalist, Imports, Regulations, and Manuals, PPQ, APHIS, 4700 River Road Unit 60, Riverdale, MD 20737-1231; 301-851-2351. | |
| FR Citation | 81 FR 3939 | |
| RIN Number | 0579-AD11 | |
| CFR Associated | Endangered and Threatened Species and Plants (agriculture) |
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