Federal Register / Vol. 74, No. 21 / Tuesday, February 3, 2009 / Notices 5913 

changes to phase II. Should there be 

additions to phases III or IV, we intend 

to provide at least 6 months’ notice to 

persons and industries affected by those 

changes to facilitate compliance with 

the new requirements. Changes will be 

announced in the Federal Register. 

The Federal Government will conduct 

studies in order to inform 

implementation of the amended Lacey 

Act, including with respect to products 

under HTS headings not listed in the 

current phase-in schedule. In addition, 

consistent with the requirements of the 

statute, we will review our experience 

with implementation and make 

decisions, including promulgating 

regulations, to guide any further phase 

in of the declaration requirement. 

Applicability of the Declaration 

Requirement 

At present, we will be enforcing the 

declaration requirement only as to 

formal consumption entries (i.e., most 

commercial shipments). Also at this 

time, we do not intend to enforce the 

declaration requirement for informal 

entries (i.e., most personal shipments), 

personal importations, or mail (unless 

subject to formal entry), transportation 

and exportation entries, in-transit 

movements, carnet importations (i.e., 

merchandise or equipment that will be 

re-exported within a year), and foreign 

trade zone and warehouse entries; 

however, we welcome public comment 

on enforcement of the declaration 

requirement with regard to those types 

of entries. Further, we will only enforce 

a declaration for the product being 

imported and not for sundries that 

ordinarily accompany the product (e.g., 

tags, labels, manuals, and warranty 

cards). 

Declaration Form 

A printable declaration form is 

currently available for voluntary 

submission on the Internet at http:// 

www.aphis.usda.gov/plant_health/ 

lacey_act/index.shtml or from the 

person listed under FOR FURTHER

INFORMATION CONTACT. You may submit 

completed declaration forms by mail to: 

The Lacey Act, c/o U.S. Dept of 

Agriculture, Box 10, 4700 River Road, 

Riverdale, MD 20737. 

As indicated previously, we intend to 

collect the data required by the 

amended Lacey Act electronically and 

anticipate the majority of importers will 

not need to submit a paper declaration 

form. No agencies with Lacey Act 

enforcement authority will bring 

prosecutions or forfeiture actions for 

failing to complete the paper declaration 

form before April 1, 2009; however, if 

any person submits a form and it 

contains false information, they may be 

prosecuted. We also invite public 

comment on the paper declaration form. 

Comments related to the content of the 

declaration form should be submitted by 

one of the methods provided under the 

heading ADDRESSES at the beginning of 

this notice and not to the Lacey Act 

mailbox. In accordance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.), APHIS requested 

and received the Office of Management 

and Budget’s emergency approval to 

collect information that the Lacey Act 

requires importers to include in the 

declaration and that is not already being 

collected for other purposes. The 

emergency approval is valid for 6 

months and allowed us to collect the 

information and make the paper form 

available for immediate use. On January 

5, 2009, we published an information 

collection notice in the Federal Register 

(74 FR 259–260, Docket No. APHIS– 

2008–0136) soliciting comments from 

the public (as well as affected agencies) 

on these information collection 

requirements and requesting an 

extension of the 6-month emergency 

approval. 

Availability of Electronic System 

The Department of Homeland 

Security’s Bureau of Customs and 

Border Protection (CBP) already collects 

some of the information that the Lacey 

Act amendments require importers to 

include in their declarations. CBP is 

currently modifying its Automated 

Commercial System (ACS) to collect the 

remaining data required to be declared. 

As noted in our October 2008 Federal 

Register notice, we intend to begin 

enforcement of the declaration 

requirements upon completion of those 

modifications. At this time, CBP still 

anticipates completing the changes to 

the system by April 1, 2009, and phase 

II remains scheduled to begin on April 

1, 2009. If there are any changes to that 

date, we will notify the public through 

a Federal Register notice. 

Additional Information 

APHIS will continue to provide the 

latest information regarding the Lacey 

Act on our Web site, http:// 

www.aphis.usda.gov. The Web site 

currently contains the Lacey Act, as 

amended; a slideshow covering 

background and context, new 

requirements, commodities and 

products covered, information on 

prohibitions, and the current status of 

implementation of the declaration 

requirement of the Lacey Act; frequently 

asked questions; the phase-in 

implementation plan; and the paper 

declaration form. The Web site will be 

updated as new materials become 

available. We encourage persons 

interested in receiving timely updates 

on APHIS’s Lacey Act efforts to register 

for our stakeholder registry at https:// 

web01.aphis.usda.gov/ 

PPQStakeWeb2.nsf and select ‘‘Lacey 

Act Declaration’’ as a topic of interest. 

Done in Washington, DC, this 29th day of 

January 2009. 

William H. Clay, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E9–2232 Filed 1–29–09; 4:15 pm] 

BILLING CODE 3410–34–P 

COMMITTEE FOR PURCHASE FROM 

PEOPLE WHO ARE BLIND OR 

SEVERELY DISABLED 

Information Collection To Be 

Submitted to the Office of Management 

and Budget (OMB) for Approval Under 

the Paperwork Reduction Act; Initial 

Certification 

AGENCY: Committee for Purchase From 

People Who Are Blind or Severely 

Disabled. 

ACTION: Notice; request for comments. 

SUMMARY: The Committee for Purchase 

From People Who Are Blind or Severely 

Disabled (Committee) is submitting the 

information collection listed below to 

OMB for approval under the provisions 

of the Paperwork Reduction Act. This 

notice solicits comments on those 

information collection activities. 

DATES: Submit your written comments 

on the information collection on or 

before April 8, 2009. 

ADDRESSES: Submit your comments on 

the requirements to Edward Yang, Chief 

Information Officer, Committee for 

Purchase From People Who Are Blind 

or Severely Disabled, 1421 Jefferson 

Davis Highway, Jefferson Plaza 2, Suite 

10800, Arlington, VA 22202–3259; fax 

(703) 603–0655; or e-mail to 

rulecomments@abilityone.gov. 

FOR FURTHER INFORMATION CONTACT: 

Edward Yang to request a copy of the 

applicable forms or explanatory material 

at the addresses shown above. 

SUPPLEMENTARY INFORMATION: The Office 

of Management and Budget (OMB) 

regulations at 5 CFR Part 1320, which 

implement provisions of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.), require that interested members 

of the public and affected agencies have 

an opportunity to comment on 

information collection and 

recordkeeping activities [see 5 CFR 

1320.8(d)]. The Committee plans to 

submit a request to OMB to renew its 


yshivers on PROD1PC62 with NOTICES
5914 Federal Register / Vol. 74, No. 21 / Tuesday, February 3, 2009 / Notices 

approval of the information collection 

concerning initial certification of 

nonprofit agencies serving people who 

are blind or who have other severe 

disabilities to participate in the JavitsWagner-O’Day (JWOD) Program. The 

Committee will request a 3-year term of 

approval for these information 

collection activities. 

Federal agencies 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 OMB control 

numbers for these collections of 

information are 3037–0002 and 3037– 

0001. 

The Javits-Wagner-O’Day Act of 1971 

(41 U.S.C. 46–48c) is the authorizing 

legislation for the AbilityOne Program. 

The AbilityOne Program creates jobs 

and training opportunities for people 

who are blind or who have other severe 

disabilities. Its primary means of doing 

so is by requiring Government agencies 

to purchase selected products and 

services from nonprofit agencies 

employing such individuals. The 

AbilityOne Program is administered by 

the Committee. Two national, 

independent organizations, National 

Industries for the Blind (NIB) and NISH, 

help State and private nonprofit 

agencies participate in the AbilityOne 

Program. 

The implementing regulations for the 

Javits-Wagner-O’Day Act, which are 

located at 41 CFR Chapter 51, provide 

the requirements, procedures, and 

standards for the AbilityOne Program. 

Section 51–4.2 of the regulations sets 

forth the standards that a nonprofit 

agency must meet to qualify for 

participation in the AbilityOne Program. 

Under this section of the regulations, a 

nonprofit agency that would like to 

participate in the AbilityOne Program 

must submit documentation (e.g., 

articles of incorporation and by-laws) 

demonstrating its nonprofit status and a 

completed copy of the appropriate 

Initial Certification form (Committee 

Form 401 or 402). This documentation 

helps the Committee determine whether 

the applicant nonprofit agency is 

appropriate for inclusion in the 

AbilityOne Program. 

This information collection renewal 

request seeks approval for the 

Committee to continue to collect the 

information required under 41 CFR 

51–4.3 of the regulations so that the 

Committee can continue to verify the 

appropriateness of nonprofit agencies 

that would like to participate in the 

AbilityOne Program. There are no 

changes to these current collection 

activities in this renewal request. 

Title: Annual Certification—Qualified 

Nonprofit Agency Serving People Who 

Are Blind, 41 CFR 51–4.2. 

OMB Control Number: 3037–0001. 

Form Number: Committee Form 403. 

Description of Respondents: 

Nonprofit agencies serving people who 

are blind that would like to participate 

in the AbilityOne Program. 

Annual Number of Respondents: 

About 70 nonprofit agencies serving 

people who are blind will annually 

request to be newly verified for 

participation in the AbilityOne Program. 

Total Annual Burden Hours: Burden 

is estimated to average 6 hours per 

respondent. Total annual burden is 420 

hours. Note: This burden estimate is 

only for the reporting of information; a 

separate burden estimate exists for the 

recordkeeping requirement. 

Title: Initial Certification—Qualified 

Nonprofit Agency Serving People Who 

Are Severely Disabled, 41 CFR 51–4.2. 

OMB Control Number: 3037–0002. 

Form Number: Committee Form 404. 

Description of Respondents: 

Nonprofit agencies serving people who 

are severely disabled that would like to 

participate in the AbilityOne Program. 

Annual Number of Respondents: 

About 550 nonprofit agencies serving 

people who are severely disabled will 

annually request to be newly verified for 

participation in the AbilityOne Program. 

Total Annual Burden Hours: Burden 

is estimated to average 6 hours per 

respondent. Total annual burden is 

3,300 hours. Note: This burden estimate 

is only for the reporting of information; 

a separate burden estimate exists for the 

recordkeeping requirement. 

We invite comments concerning this 

renewal on: (1) Whether the collection 

of information is necessary for the 

proper performance of our agency’s 

functions, including whether the 

information will have practical utility; 

(2) the accuracy of our estimate of the 

burden of the collection of information; 

(3) ways to enhance the quality, utility, 

and clarity of the information to be 

collected; and (4) ways to minimize the 

burden of the collection of information 

on respondents. 

Kimberly M. Zeich, 

Deputy Executive Director. 

[FR Doc. E9–2230 Filed 2–2–09; 8:45 am] 

BILLING CODE 6353–01–P 

BROADCASTING BOARD OF 

GOVERNORS 

Sunshine Act Meeting 

DATE AND TIME: Friday, January 30, 2009; 

5 p.m.–6 p.m. 

PLACE: Cohen Building, Room 3360, 330 

Independence Ave., SW., Washington, 

DC 20237. 

CLOSED MEETING: The members of the 

Broadcasting Board of Governors (BBG) 

will meet in a special session to review 

and discuss budgetary issues relating to 

U.S. Government-funded non-military 

international broadcasting. This meeting 

is closed because if open it likely would 

either disclose matters that would be 

properly classified to be kept secret in 

the interest of foreign policy under the 

appropriate executive order (5 U.S.C. 

552b.(c)(1)) or would disclose 

information the premature disclosure of 

which would be likely to significantly 

frustrate implementation of a proposed 

agency action. (5 U.S.C. 552b.(c)(9)(B)) 

In addition, part of the discussion will 

relate solely to the internal personnel 

and organizational issues of the BBG or 

the International Broadcasting Bureau. 

(5 U.S.C. 552b.(c)(2) and (6)) 

FOR FURTHER INFORMATION CONTACT: 

Persons interested in obtaining more 

information should contact Timi 

Nickerson Kenealy at (202) 203–4545. 

Timi Nickerson Kenealy, 

Acting Legal Counsel. 

[FR Doc. E9–2305 Filed 1–30–09; 4:15 pm] 

BILLING CODE 8610–01–P 

COMMISSION ON CIVIL RIGHTS 

Sunshine Act Notice 

AGENCY: United States Commission on 

Civil Rights. 

ACTION: Notice of meeting. 

DATE AND TIME: Wednesday, February 11, 

2009; 11 a.m. e.s.t. 

PLACE: Via Teleconference, Public Dial 

In—1–800–597–7623, Conference ID# 

83711892. 

Meeting Agenda 

I. Approval of Agenda 

II. Program Planning 

• FY 2009 Statutory Report 

III. Future Agenda Items 

IV. Adjourn 

FOR FURTHER INFORMATION CONTACT: 

Lenore Ostrowsky, Acting Chief, Public 

Affairs Unit (202) 376–8582. 

Dated: January 30, 2009. 

David Blackwood, 

General Counsel. 

[FR Doc. E9–2327 Filed 1–30–09; 4:15 pm] 

BILLING CODE 6335–01–P 


yshivers on PROD1PC62 with NOTICES