Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Rules and Regulations 10073 

penalty per violation was increased to 

$576. 

These annual adjustments to the 

penalty are calculated pursuant to the 

inflation adjustment formula provided 

in section 5(b) of the 2015 Act. In 

accordance with section 6 of the 2015 

Act, the adjusted penalty will apply 

only to penalties assessed after the 

effective date of the adjustment. 

Generally, the periodic inflation 

adjustment to a civil monetary penalty 

under the 2015 Act will be based on the 

percentage change between the 

Consumer Price Index for all Urban 

Consumers (CPI–U) for the month of 

October preceding the date of 

adjustment and the prior year’s October 

CPI–U. 

II. Calculation 

The adjustment set forth in this final 

rule was calculated by comparing the 

CPI–U for October 2020 with the CPI– 

U for October 2021, resulting in an 

inflation adjustment factor of 1.06222. 

The first step of the calculation is to 

multiply the inflation adjustment factor 

(1.06222) by the most recent civil 

penalty amount ($576) to calculate the 

inflation-adjusted penalty level 

($611.83872). The second step is to 

round this inflation-adjusted penalty to 

the nearest dollar ($612). Accordingly, 

the Commission is now adjusting the 

maximum penalty per violation 

specified in 29 CFR 1601.30(a) from 

$576 to $612. 

III. Regulatory Procedures 

Administrative Procedure Act 

The Administrative Procedure Act 

(APA) provides an exception to the 

notice and comment procedures where 

an agency finds good cause for 

dispensing with such procedures, on the 

basis that they are impracticable, 

unnecessary, or contrary to the public 

interest. The Commission finds that 

under 5 U.S.C. 553(b)(3)(B) good cause 

exists to not utilize notice of proposed 

rulemaking and public comment 

procedures for this rule because this 

adjustment of the civil monetary penalty 

is required by the 2015 Act, the formula 

for calculating the adjustment to the 

penalty is prescribed by statute, and the 

Commission has no discretion in 

determining the amount of the 

published adjustment. Accordingly, the 

Commission is issuing this revised 

regulation as a final rule without notice 

and comment. 

Executive Order 12866 

Pursuant to Executive Order 12866, 

the EEOC has coordinated with the 

Office of Management and Budget 

(OMB). Under section 3(f) of Executive 

Order 12866, the EEOC and OMB have 

determined that this final rule will not 

have an annual effect on the economy 

of $100 million or more, or adversely 

affect in a material way the economy, a 

sector of the economy, productivity, 

competition, jobs, the environment, 

public health or safety, or state, local, or 

tribal governments or communities. In 

FY 2021, the Commission had 10 

posting notice charge resolutions. The 

great majority of employers and entities 

covered by these regulations comply 

with the posting requirement, and, as a 

result, the aggregate economic impact of 

these revised regulations will be 

minimal, affecting only those limited 

few who fail to post required notices in 

violation of the regulation and statue. 

Paperwork Reduction Act 

The Paperwork Reduction Act (44 

U.S.C. chapter 35) (PRA) applies to 

rulemakings in which an agency creates 

a new paperwork burden on regulated 

entities or modifies an existing burden. 

This final rule contains no new 

information collection requirements, 

and therefore, will create no new 

paperwork burdens or modifications to 

existing burdens that are subject to 

review by the Office of Management and 

Budget under the PRA. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601–612) only requires a 

regulatory flexibility analysis when 

notice and comment is required by the 

Administrative Procedure Act or some 

other statute. As stated above, notice 

and comment is not required for this 

rule. For that reason, the requirements 

of the Regulatory Flexibility Act do not 

apply. 

Unfunded Mandates Reform Act of 1995 

This final rule will not result in the 

expenditure by State, local, or tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

Congressional Review Act 

The Congressional Review Act (CRA) 

requires that before a rule may take 

effect, the agency promulgating the rule 

must submit a rule report, which 

includes a copy of the rule, to each 

House of the Congress and to the 

Comptroller General of the United 

States. EEOC will submit a report 

containing this rule and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States prior to the effective date of the 

rule. Under the CRA, a major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by the CRA at 5 U.S.C. 804(2). 

List of Subjects in 29 CFR Part 1601 

Administrative practice and 

procedure. 

Charlotte A. Burrows, 

Chair, Equal Employment Opportunity 

Commission. 

Accordingly, the Equal Employment 

Opportunity Commission amends 29 

CFR part 1601 as follows: 

PART 1601—PROCEDURAL 

REGULATIONS 

■ 1. The authority citation for part 1601 

continues to read as follows: 

Authority: 42 U.S.C. 2000e to 2000e–17; 42 

U.S.C. 12111 to 12117; 42 U.S.C. 2000ff to 

2000ff–11; 28 U.S.C. 2461 note, as amended; 

Pub. L. 104–134, Sec. 31001(s)(1), 110 Stat. 

1373. 

■ 2. Section 1601.30 is amended by 

revising paragraph (b) to read as follows: 

§ 1601.30 Notices to be posted. 

* * * * * 

(b) Section 711(b) of Title VII and the 

Federal Civil Penalties Inflation 

Adjustment Act, as amended, make 

failure to comply with this section 

punishable by a fine of not more than 

$612 for each separate offense. 

[FR Doc. 2022–03697 Filed 2–22–22; 8:45 am] 

BILLING CODE 6570–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 23 

[Docket No. FWS–HQ–IA–2020–0019; 

FF09A30000–190FXIA16710900000] 

RIN 1018–BF14 

Implementing the Convention on 

International Trade in Endangered 

Species of Wild Fauna and Flora 

(CITES); Updates Following the 

Eighteenth Meeting of the Conference 

of the Parties (CoP18) to CITES 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Direct final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (FWS or Service), are 


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10074 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Rules and Regulations 

taking direct final action to revise 

regulations that implement the 

Convention on International Trade in 

Endangered Species of Wild Fauna and 

Flora (CITES or Treaty or Convention) 

by incorporating certain noncontroversial provisions adopted at the 

sixteenth through eighteenth meetings 

of the Conference of the Parties (CoP16– 

CoP18) to CITES and clarifying and 

updating certain other provisions. These 

changes will bring U.S. regulations in 

line with certain revisions adopted at 

the three most recent meetings of the 

Conference of the Parties, which took 

place in March 2013 (CoP16), 

September–October 2016 (CoP17), and 

August 2019 (CoP18). The revised 

regulations will help us more effectively 

promote species conservation, help us 

continue to fulfill our responsibilities 

under the Treaty, and help those 

affected by CITES to understand how to 

conduct lawful international trade. 

DATES: This rule is effective May 24, 

2022 without further action, unless we 

receive significant adverse comment 

that provides strong justifications as to 

why this rule should not be adopted or 

why it should be changed by March 25, 

2022. The incorporation by reference of 

the material listed in this rule is 

approved by the Director of the Federal 

Register as of May 24, 2022. If we 

receive significant adverse information 

that provides strong justifications 

regarding why this rule should not be 

adopted or why it should be changed, 

we will publish a timely withdrawal of 

the rule in the Federal Register 

informing the public that the rule will 

not take effect, in whole or in part. 

ADDRESSES: 

Comment submission: You may 

submit comments regarding this direct 

final rule by one of the following 

methods: 

• Electronically using the Federal 

eRulemaking Portal: http://

www.regulations.gov in Docket No. 

FWS–HQ–IA–2020–0019 (the docket 

number for this rulemaking). 

• U.S. mail: Public Comments 

Processing, Attn: FWS–HQ–IA–2020– 

0019; U.S. Fish and Wildlife Service 

Headquarters, MS: JAO/3W, 5275 

Leesburg Pike, Falls Church, VA 22041– 

3803. 

We will not accept email or faxes. 

Comments and materials we receive, as 

well as supporting documentation, will 

be available for public inspection on 

http://www.regulations.gov. 

Supplementary materials: For the 

CITES guidelines for the non-air 

transport of live wild animals and 

plants incorporated by reference (IBR) 

in this rule, contact CITES Secretariat, 

Palais des Nations, Avenue de la Paix 8– 

14, 1211 Gene`ve 10, Switzerland; 

telephone +41–(0)22–917–81–39/40; 

email info@cites.org. You may find this 

CITES IBR material on the CITES 

Secretariat’s website at https://

www.cites.org/eng/resources/transport/ 

index.php and on our website at https:// 

www.fws.gov/international/travel-andtrade/live-animal-transport.html. For 

the International Air Transport 

Association Live Animals Regulations 

and the International Air Transport 

Association Perishable Cargo 

Regulations incorporated by reference, 

contact IATA, 800 Place Victoria, P.O. 

Box 113, Montreal, Canada H4Z 1M1; 

telephone 1–800–716–6326. Interested 

persons may purchase a copy of the IBR 

IATA publications at: https://

www.iata.org/publications. To view this 

IBR material at the Division of 

Management Authority office (see FOR

FURTHER INFORMATION CONTACT), please 

email us regarding the current status of 

our office facility at: 

managementauthority@fws.gov. 

FOR FURTHER INFORMATION CONTACT: 

Pamela Hall Scruggs, Chief, Division of 

Management Authority, U.S. Fish and 

Wildlife Service, 5275 Leesburg Pike, 

MS: IA, Falls Church, VA 22041–3803; 

telephone 703–358–2095 or email: 

managementauthority@fws.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

CITES was negotiated in 1973 in 

Washington, DC, at a conference 

attended by delegations from 80 

countries. The United States ratified the 

Treaty on September 13, 1973, and it 

entered into force on July 1, 1975, after 

it had been ratified by 10 countries. 

Currently, 182 countries and the 

European Union (EU) have ratified, 

accepted, approved, or acceded to 

CITES; these countries and the EU (a 

regional economic integration 

organization) are known as Parties. On 

January 4, 2022, Andorra will become 

the 184th Party to CITES. The 

Convention is an international treaty 

designed to control and regulate 

international trade in certain animal and 

plant species that are now or may 

become threatened with extinction and 

may be affected by trade. These species 

are listed in Appendices to CITES, 

which are available on the CITES 

Secretariat’s website at http://

www.cites.org/eng/app/index.php. The 

Convention calls for regular biennial 

meetings of the Conference of the 

Parties (CoP), unless the Conference of 

the Parties decides otherwise. At these 

meetings, the Parties review the 

implementation of CITES, make 

provisions enabling the CITES 

Secretariat in Switzerland to carry out 

its functions, consider amendments to 

the lists of species in Appendices I and 

II, consider reports presented by the 

Secretariat and the permanent CITES 

committees (Standing, Animals, and 

Plants Committees), and make 

recommendations for the improved 

effectiveness of CITES. Any country that 

is a Party to CITES may propose 

amendments to Appendices I and II, 

resolutions, decisions, and other agenda 

items for consideration by all of the 

Parties at the meetings. 

Section 8A of the Endangered Species 

Act, as amended (16 U.S.C. 1531 et seq.) 

(ESA), designates the Secretary of the 

Interior as the U.S. Management 

Authority and U.S. Scientific Authority 

for CITES. Section 8A further states that 

the respective functions of these 

authorities shall be carried out through 

the U.S. Fish and Wildlife Service. 

II. Previous Federal Actions 

The original U.S. regulations 

implementing CITES took effect on May 

23, 1977 (42 FR 10462, February 22, 

1977), after the first CoP was held. We 

have since updated the regulations 

several times. U.S. CITES regulations 

were most recently updated in May 

2014 (79 FR 30400, May 27, 2014) and 

contain applicable provisions adopted 

at meetings of the Conference of the 

Parties up to and including the fifteenth 

meeting (CoP15), which took place in 

2010. 

III. This Rule 

As a Party to CITES, the United States 

has the responsibility under Article II(4) 

of the Treaty to ensure that all trade is 

consistent with the Treaty. To ensure 

that U.S. businesses and individuals 

understand the requirements for lawful 

international trade in CITES specimens, 

it is necessary for us to periodically 

update our CITES implementing 

regulations. With this direct final rule 

we are incorporating minor, 

noncontroversial updates to our 

regulations to reflect certain technical 

changes adopted by the CITES Parties 

during the sixteenth through eighteenth 

meetings of the Conference of the 

Parties to CITES (CoP16–CoP18) and 

clarifying and updating other 

provisions. The revisions in this direct 

final rule bring U.S. regulations in line 

with certain revisions adopted at these 

meetings of the Conference of the 

Parties, which took place in March 2013 

(CoP16), September–October 2016 

(CoP17), and August 2019 (CoP18). The 

revised regulations will help us more 

effectively promote species 

conservation, help us continue to fulfill 


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Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Rules and Regulations 10075 

our responsibilities under the Treaty, 

and help those affected by CITES 

understand how to conduct lawful 

international trade. 

IV. Use of a Direct Final Rule 

An agency uses direct final 

rulemaking without prior proposal 

when it anticipates that a rule will be 

noncontroversial. Examples include 

minor substantive revisions to 

regulations and direct incorporations of 

mandates from new legislation. We are 

publishing this rule without a prior 

proposal because these changes are 

noncontroversial actions that, in the 

best interest of the regulated public, 

should be undertaken in as timely a 

manner as possible. The Parties agreed 

by consensus that these changes are 

appropriate for the conservation of the 

species and implementation of the 

Treaty. As previously noted, as a Party 

to CITES, the United States has the 

responsibility under Article II(4) of the 

Treaty to ensure that all trade is 

consistent with the Treaty, which 

includes aligning import, introduction 

from the sea, export, and re-export 

provisions as agreed by the Parties. 

Thus, we have good cause to find that 

standard notice and public comment 

procedures would be unnecessary and 

contrary to the public interest. 

The rule will be effective, as 

published in this document, on the 

effective date specified above in DATES, 

unless we receive significant adverse 

comments on or before the comment 

due date specified in DATES. Significant 

adverse comments are comments that 

provide strong justifications as to why 

the rule should not be adopted or why 

it should be changed. If we receive 

significant adverse comments, we will 

publish a notice in the Federal Register 

withdrawing this rule before the 

effective date. Please note that if we 

receive adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

we may withdraw only that provision, 

and otherwise adopt as final those 

provisions of the rule that are not the 

subject of an adverse comment. 

In the event that we do receive 

significant adverse comments, we will 

engage in the normal rulemaking 

process to promulgate changes to 50 

CFR part 23 as necessary. In addition, to 

address other necessary changes to our 

regulations as a result of the last three 

CoPs that are more complex than the 

provisions in this rulemaking 

document, we will soon publish a 

proposed rule for public comment. 

V. Changes to 50 CFR Part 23 

Section 23.5 How are the terms used in 

these regulations defined? 

Whenever possible we define terms 

using the wording of the Treaty and the 

Resolutions. In this direct final rule, we 

are amending § 23.5 to include a 

definition of the term ‘‘assisted 

production.’’ We are making this 

amendment together with our 

amendment of § 23.24 to add a new 

source code ‘‘Y’’ for assisted production 

plants. (See the preamble discussion for 

§ 23.24.) 

The new term ‘‘assisted production’’ 

was developed and adopted by the 

Parties for use with certain plant 

specimens that do not fall within the 

definition of ‘‘artificially propagated’’ 

and are not considered to be ‘‘wild’’ 

because they are propagated or planted 

in an environment with some level of 

human intervention for the purpose of 

plant production. The term is the result 

of extensive, substantive discussions at 

the direction of the Conference of the 

Parties that resulted in 

recommendations by the Plants 

Committee (PC24; Geneva, 2018) and 

the Standing Committee (SC70; Sochi, 

2018), to amend Resolution Conf. 12.3, 

Permits and certificates, and Resolution 

Conf. 11.11, Regulation of trade in 

plants, to add the concept and 

definition of ‘‘assisted production’’ and 

its associated new source code ‘‘Y’’ for 

use on CITES documents. The United 

States was a member of the Plants 

Committee’s intersessional and insession working groups on this topic 

and the in-session Standing Committee 

working group at SC70. The 

recommendations were developed as a 

result of the recognized need for an 

intermediate source code for 

international trade in plant specimens. 

These recommended changes to 

Resolution Conf. 12.3 and Resolution 

Conf. 11.11, to establish an intermediate 

source code for international trade in 

plant specimens that do not qualify as 

‘‘artificially propagated’’ according to 

CITES but are also not wild specimens, 

were adopted by the Parties at CoP18 

with support from the United States. 

Under the newly revised Resolution 

Conf. 11.11 (Rev. CoP18), ‘‘assisted 

production’’ means plant specimens 

that do not fulfill the definition of 

‘‘artificially propagated’’ and are 

considered not to be ‘‘wild’’ because 

they are propagated or planted in an 

environment with some level of human 

intervention for the purpose of plant 

production. We are implementing this 

definition with nonsubstantive changes 

for clarity and for consistency with 

language in our current regulations. 

Material used to produce plant 

specimens from assisted production 

systems can be derived from plant 

material that is exempt from the 

provisions of the Convention, or derived 

from artificially propagated plants, or 

derived from plants grown in an 

environment with some level of human 

intervention, or derived from plant 

materials collected sustainably from 

wild populations in accordance with the 

provisions of CITES and relevant 

national laws and in a manner not 

detrimental to the survival of the 

species in the wild. Trade in assisted 

production plants (source code Y) will 

continue to require compliance with the 

provisions of Articles III, IV, and V of 

the Convention, the same as for trade in 

wild plants (source code W). 

The Parties envisioned that Source 

Code Y could be used as an 

intermediate source code under a 

number of different scenarios to fill a 

gap in the previously available source 

codes. These scenarios include 

situations in which: (1) Countries have 

developed plant production systems 

that clearly reduce pressure on wildsourced plant material, but this 

development is not reflected if the 

Source Code W is used; (2) using Source 

Code W for plant material that comes 

from managed production systems 

reduces scientific accuracy and 

misrepresents the trade data; and (3) 

identifying the source of species 

harvested outside their natural range 

does not fit logically under Source Code 

W or Source Code A (for artificially 

propagated plants). As noted above, the 

Parties also confirmed that the new 

Source Code Y would continue to 

require compliance with the provisions 

of Articles III, IV, and V of the 

Convention, including the making of 

required non-detriment findings for 

Appendix–I and Appendix–II 

specimens and required legal 

acquisition findings for Appendix–I, 

Appendix–II, and Appendix–III 

specimens; therefore, ensuring that 

impact on the wild population and 

possible conservation concerns would 

be considered. The United States also 

believes that Source Code Y could be 

used in cases where the best available 

information demonstrates that the 

plants for export were not wild 

harvested, but the applicant cannot 

provide sufficient information to prove 

that the plants were artificially 

propagated, as is generally the case in a 

household move of personal plants 

purchased from a nursery or other 

retailer. 

We are therefore amending our 

regulations to implement the new 

definition of ‘‘assisted production’’ 


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10076 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Rules and Regulations 

adopted by the Parties together with our 

amendment of § 23.24 to add a new 

source code ‘‘Y’’ for assisted production 

plants. (See the preamble discussion for 

§ 23.24.) This action fulfills the needs 

described above, as it will promote more 

effective implementation of CITES for 

plants, will more accurately reflect the 

range of sources from which CITESlisted plants are derived, and will help 

promote the conservation of CITESlisted plants. 

Section 23.6 What are the roles of the 

Management and Scientific Authorities? 

In this direct final rule, we amend the 

table in § 23.6, which lists the roles of 

the U.S. Management and Scientific 

Authorities, to reflect the revisions to 

Resolution Conf. 11.17 (Rev. CoP18), 

National reports, that were adopted at 

CoP16. The revised Resolution includes 

a new recommendation that the CITES 

biennial report, required under Article 

VIII, paragraph 7(b) of the Treaty, be 

submitted 1 year before each meeting of 

the Conference of the Parties, instead of 

every 2 years, and that the name of the 

report therefore be changed from 

‘‘biennial report’’ to ‘‘report required 

under the provisions of Article VIII, 

paragraph 7(b).’’ We change ‘‘biennial 

reports’’ in § 23.6(g) to ‘‘periodic Article 

VIII, paragraph 7(b) reports’’ to reflect 

this new recommendation. This 

paragraph states that it is a role of the 

U.S. Management Authority to produce 

such reports. 

Section 23.7 What office do I contact 

for CITES information? 

This section contains contact 

information for offices involved in 

CITES implementation in the United 

States and for the CITES Secretariat. In 

this direct final rule we update the 

information in paragraph (f) regarding 

guidelines currently available on the 

Secretariat’s website for humane 

transport of CITES specimens. (See the 

preamble discussion for § 23.23.) 

Section 23.9 Incorporation by 

Reference 

In this direct final rule, we are 

finalizing regulatory text that includes 

incorporation by reference. We 

currently require that CITES export and 

re-export documents for live specimens 

contain a specific condition that the 

document is valid only if the transport 

complies with certain humane-transport 

standards. At CoP14, the Parties agreed 

to promote the full and effective use of 

the International Air Transport 

Association (IATA) Live Animals 

Regulations (for animals) and Perishable 

Cargo Regulations (for plants) as the 

standards for the preparation and 

transport of live specimens. The IATA 

Live Animals Regulations (LAR), 40th 

edition, and Perishable Cargo 

Regulations (PCR), 13th edition, are 

incorporated by reference into our 

regulations at § 23.9. With this direct 

final rule, we update our regulations by 

incorporating by reference the 48th 

edition of the IATA LAR and the 21st 

edition of the PCR to replace the 40th 

and 13th editions, respectively, that are 

incorporated by reference in our current 

regulations. 

At CoP16, the Parties adopted the 

CITES guidelines for the non-air 

transport of wild animals and plants, 

recognizing that the non-air transport of 

live specimens of certain species may 

require transport conditions in addition 

to or different from those in the IATA 

regulations (see the preamble discussion 

for § 23.23). In this direct final rule we 

incorporate by reference (in § 23.9) the 

CITES guidelines for the non-air 

transport of live wild animals and 

plants as the standard for the non-air 

transport of certain CITES-listed 

animals and plants. 

In accordance with requirements of 1 

CFR 51.5, we are finalizing the 

incorporation by reference of the CITES 

guidelines for the non-air transport of 

live wild animals and plants, the 48th 

edition of the IATA Live Animals 

Regulations (LAR), and the 21st edition 

of the IATA Perishable Cargo 

Regulations (PCR). The LAR establishes 

regulations for air transportation of all 

animals including CITES-listed species. 

The IATA PCR establishes regulations 

for air transportation of perishable, 

including all plants and those species 

that are CITES-listed. The CITES 

guidelines for the non-air transport of 

live wild animals and plants establishes 

regulations for the non-air transport of 

CITES-listed animals and plants for 

those species that have methods 

different than, or in addition to, the 

methods prescribed by the LAR or PCR. 

The regulations and standards provided 

by these three references for the safe and 

humane transport of all animals and 

plants must be complied with for the 

legal international transport of all 

CITES-listed animals and plants. We 

update the references to humane 

transport requirements elsewhere in 

part 23 (§§ 23.7, 23.23, 23.26, and 23.56) 

to reflect these changes. Copies of the 

materials incorporated by reference 

normally may be inspected by 

appointment, between 8 a.m. and 4 

p.m., Monday through Friday, except 

Federal holidays, at: U.S. Fish and 

Wildlife Service Headquarters, Division 

of Management Authority, 5275 

Leesburg Pike, Falls Church, VA 22041– 

3803; telephone 703–358–2095. 

However, the COVID–19 pandemic may 

affect when these materials are available 

for inspection. For information on the 

availability to view this material at the 

Division of Management Authority 

office, please email us regarding the 

current status of our office facility at: 

managementauthority@fws.gov. You 

may find the CITES IBR material on the 

CITES Secretariat’s website at https://

www.cites.org/eng/resources/transport/ 

index.php and on our website at https:// 

www.fws.gov/international/travel-andtrade/live-animal-transport.html. 

Interested persons may purchase a copy 

of the IATA publications at: https://

www.iata.org/publications. 

Section 23.23 What information is 

required on U.S. and foreign CITES 

documents? 

This section details information that 

must be included on CITES documents. 

To authorize export and re-export of 

living specimens, Articles III, IV, V, and 

VII of the Convention require the 

Management Authority to be satisfied 

the living specimens will be so prepared 

and shipped as to minimize the risk of 

injury, damage to health, or cruel 

treatment. Additionally, under Article 

VIII of the Convention, Parties are 

required to ensure that all living 

specimens, during any period of transit, 

holding, and shipment, are properly 

cared for so as to minimize the risk of 

injury, damage to health, or cruel 

treatment. To meet these obligations, we 

currently require that CITES export and 

re-export documents for live specimens 

contain a specific condition that the 

document is valid only if the transport 

complies with certain humane-transport 

standards and require that shipments 

containing live CITES specimens 

comply with these standards. At CoP14, 

the Parties agreed to promote the full 

and effective use of the International Air 

Transport Association (IATA) Live 

Animals Regulations (LAR) (for animals) 

and Perishable Cargo Regulations (PCR) 

(for plants) as the standards for the 

preparation and transport of live 

specimens. These IATA documents are 

incorporated by reference into our 

regulations at § 23.9. 

At CoP16, the Parties adopted the 

CITES guidelines for the non-air 

transport of wild animals and plants. 

These new guidelines were developed 

by a joint Animals Committee/Plants 

Committee working group (under 

Decision 15.59) recognizing that the 

non-air transport of live specimens of 

certain species may require transport 

conditions in addition to or different 

from those in the IATA regulations. The 

United States participated in the 

working group and supported the 


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Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Rules and Regulations 10077 

adoption of the guidelines at CoP16. 

With this direct final rule we 

incorporate by reference (in § 23.9) the 

CITES guidelines for the non-air 

transport of live wild animals and 

plants as the standard for the non-air 

transport of certain CITES-listed 

animals and plants. In addition, we 

update our regulations by incorporating 

by reference (in § 23.9) the 48th edition 

of the IATA LAR and the 21st edition 

of the IATA PCR to replace the 40th 

edition of the LAR and the 13th edition 

of the PCR that are incorporated by 

reference in our current regulations. We 

update the references to humane 

transport requirements elsewhere in 

part 23 (§§ 23.7, 23.26, and 23.56) to 

reflect these changes. 

§ 23.24 What code is used to show the 

source of the specimen? 

The Management Authority must 

indicate on CITES documents the source 

of the specimen being traded. The table 

in § 23.24 contains source codes agreed 

by the CITES Parties for use on CITES 

documents. At CoP16, the Parties agreed 

to a framework for application of the 

provisions in Articles III and IV of the 

Treaty for trade in specimens taken in 

the marine environment not under the 

jurisdiction of any country (Resolution 

Conf. 14.6 (Rev. CoP16), Introduction 

from the sea). At the same time, the 

Parties agreed to the use of source code 

‘‘X’’ on CITES documents issued for 

such specimens, through the adoption 

of changes to Resolution Conf. 12.3 

(Rev. CoP18) on Permits and 

certificates. With this direct final rule, 

we are adding source code ‘‘X’’ to the 

table in § 23.24 for specimens taken in 

the marine environment not under the 

jurisdiction of any country. 

The Parties agreed, at CoP18, to adopt 

revisions to Resolution Conf. 11.11 (Rev. 

CoP18), Regulation of trade in plants, 

including addition of the term ‘‘assisted 

production’’ (see the discussion in the 

preamble for § 23.5 regarding the 

definition of ‘‘assisted production’’) and 

to the use of source code ‘‘Y’’ on CITES 

documents for such specimens, through 

the adoption of changes to Resolution 

Conf. 12.3 (Rev. CoP18) on Permits and 

certificates. With this direct final rule, 

we add this new source code to the table 

in § 23.24 for assisted production plants. 

§ 23.26 When is a U.S. or foreign 

CITES document valid? 

With this direct final rule, we update 

the documents incorporated by 

reference into our regulations at 

§ 23.23(c)(7) that provide guidance on 

humane transport of live specimens. 

(See the preamble discussion for 

§ 23.23.) We update the entry on 

humane transport in the table at § 23.26 

to reflect these changes. 

§ 23.56 What U.S. CITES document 

conditions do I need to follow? 

With this direct final rule, we update 

the documents incorporated by 

reference into our regulations at § 23.9 

that provide guidance on humane 

transport of live specimens. (See the 

preamble discussions for §§ 23.9 and 

23.23.) Therefore, we update the text at 

§ 23.56(a)(2) regarding humanetransport conditions to reflect these 

changes. 

VI. Public Comments 

We will not consider comments 

regarding this direct final rule sent by 

email or fax or to an address not listed 

in ADDRESSES. If you submit a comment 

via http://www.regulations.gov, your 

entire comment, including any personal 

identifying information, will be posted 

on the website. If you submit a 

hardcopy comment that includes 

personal identifying information, you 

may request at the top of your document 

that we withhold this information from 

public review. However, we cannot 

guarantee that we will be able to do so. 

We will post all hardcopy comments on 

http://www.regulations.gov. 

VII. Required Determinations 

Clarity of the Rule 

We are required by Executive Orders 

12866 and 12988 and by the 

Presidential Memorandum of June 1, 

1998, to write all rules in plain 

language. This means that each rule we 

publish must: 

(1) Be logically organized; 

(2) Use the active voice to address 

readers directly; 

(3) Use clear language rather than 

jargon; 

(4) Be divided into short sections and 

sentences; and 

(5) Use lists and tables wherever 

possible. 

If you feel that we have not met these 

requirements, send us comments by one 

of the methods listed in ADDRESSES. To 

better help us revise the rule, your 

comments should be as specific as 

possible. For example, you should tell 

us the numbers of the sections or 

paragraphs that are unclearly written, 

which sections or sentences are too 

long, the sections where you feel lists or 

tables would be useful, etc. 

National Environmental Policy Act (42 

U.S.C. 4321 et seq.) 

We have determined that 

environmental assessments and 

environmental impact statements, as 

defined under the authority of the 

National Environmental Policy Act 

(NEPA; 42 U.S.C. 4321 et seq.), need not 

be prepared in connection with this 

rule. This rule does not constitute a 

major Federal action significantly 

affecting the quality of the human 

environment. A detailed statement 

under NEPA is not required because the 

rule is covered by a categorical 

exclusion. This rule is a regulation that 

is of an administrative, legal, technical, 

or procedural nature, and its 

environmental effects are too broad, 

speculative, or conjectural to lend 

themselves to meaningful analysis 

under NEPA. The FWS has determined 

that this rule is categorically excluded 

from further NEPA review as provided 

by 516 DM 8 (Department of the Interior 

Manual, Series 31, Part 516, Chapter 8: 

Managing the NEPA Process—U.S. Fish 

and Wildlife Service) and 43 CFR 

46.210(i). We have also determined that 

the rule does not involve any of the 

extraordinary circumstances listed in 43 

CFR 46.215 that would require further 

analysis under NEPA. 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) 

Under the Regulatory Flexibility Act 

(RFA), whenever an agency is required 

to publish a notice of rulemaking for 

any proposed or final rule, it must 

prepare and make available for public 

comment a regulatory flexibility 

analysis that describes the effects of the 

rule on small entities (i.e., small 

businesses, small organizations, and 

small government jurisdictions). 

However, no regulatory flexibility 

analysis is required if the head of the 

agency certifies the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

The Small Business Regulatory 

Enforcement Fairness Act of 1996 

(SBREFA; 5 U.S.C. 801 et seq.) amended 

the RFA to require Federal agencies to 

provide a certification statement of the 

factual basis for certifying that the rule 

will not have a significant economic 

impact on a substantial number of small 

entities. According to the Small 

Business Administration, small entities 

include small organizations such as 

independent nonprofit organizations; 

small governmental jurisdictions, 

including school boards and city and 

town governments that serve fewer than 

50,000 residents; and small businesses 

(13 CFR 121.201). Small businesses 

include manufacturing and mining 

concerns with fewer than 500 

employees, wholesale trade entities 

with fewer than 100 employees, retail 

and service businesses with less than $5 

million in annual sales, general and 

heavy construction businesses with less 


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than $27.5 million in annual business, 

special trade contractors doing less than 

$11.5 million in annual business, and 

agricultural businesses with annual 

sales less than $750,000. We expect that 

the majority of the entities involved 

with international trade in CITES 

specimens would be considered small 

as defined by the SBA. 

This rule would create no substantial 

fee or paperwork changes in the 

permitting process. The regulatory 

changes are not major in scope and 

would not change the modest financial 

or paperwork burden on the affected 

members of the general public currently 

approved under the Paperwork 

Reduction Act. 

This rule would benefit businesses 

engaged in international trade by 

providing updated and clearer 

regulations for the international trade of 

CITES specimens. We do not expect 

these benefits to be significant under the 

RFA. The authority to enforce CITES 

requirements already exists under the 

ESA and is carried out by regulations 

contained in 50 CFR part 23. The 

requirements that must be met for 

import, introduction from the sea, 

export, and re-export of CITES species 

are based on the text of CITES, which 

has been in effect in the United States 

since 1975. 

We therefore certify that this rule 

would not have a significant economic 

effect on a substantial number of small 

entities as defined under the RFA, and 

a regulatory flexibility analysis is not 

required. 

Small Business Regulatory Enforcement 

Fairness Act (SBREFA) (5 U.S.C. 801 et 

seq.) 

This rule is not a major rule under 

SBREFA. This rule: 

(a) Will not have an annual effect on 

the economy of $100 million or more. 

This rule provides the importing and 

exporting community in the United 

States with updated and more clearly 

written regulations implementing 

CITES. This rule will not have a 

negative effect on this part of the 

economy. It will affect import, 

introduction from the sea, export, and 

re-export of CITES specimens by any 

person equally, and the benefits of 

having updated guidance on complying 

with CITES requirements will be evenly 

spread among all businesses, whether 

large or small. There is not a 

disproportionate share of benefits for 

small or large businesses. 

(b) Will not cause a major increase in 

costs or prices for consumers; 

individual industries; Federal, State, 

tribal, or local government agencies; or 

geographic regions. 

(c) Will not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

This rule will assist U.S. businesses and 

individuals traveling abroad in ensuring 

that they are meeting all current CITES 

requirements, thereby decreasing the 

possibility that shipments may be 

delayed or even seized in another 

country that has implemented CITES 

resolutions not yet incorporated into 

U.S. regulations. 

Government-to-Government 

Relationship With Tribes 

In accordance with the President’s 

memorandum of April 29, 1994 

(Government-to-Government Relations 

with Native American Tribal 

Governments; 59 FR 22951), Executive 

Order 13175 (Consultation and 

Coordination With Indian Tribal 

Governments), and the Department of 

the Interior’s manual at 512 DM 2 

(Department of the Interior Manual, 

Series 30, Part 512, Chapter 2: 

Departmental Responsibilities for 

Indian Trust Resources), we readily 

acknowledge our responsibility to 

communicate meaningfully with 

recognized Federal Tribes on a 

government-to-government basis. In 

accordance with Secretarial Order 3206 

of June 5, 1997 (American Indian Tribal 

Rights, Federal-Tribal Trust 

Responsibilities, and the Endangered 

Species Act), we readily acknowledge 

our responsibilities to work directly 

with Tribes in developing programs for 

healthy ecosystems, to acknowledge that 

Tribal lands are not subject to the same 

controls as Federal public lands, to 

remain sensitive to Indian culture, and 

to make information available to Tribes. 

We have evaluated this rule under the 

criteria in Executive Order 13175 under 

the Department’s consultation policy 

and have determined that it has no 

substantial direct effects on federally 

recognized Indian Tribes and that 

consultation under the Department’s 

Tribal consultation policy is not 

required. Individual Tribal members 

must meet the same regulatory 

requirements as other individuals who 

trade internationally in CITES species. 

Regulatory Planning and Review 

(Executive Orders 12866 and 13563) 

Executive Order 12866 provides that 

the Office of Management and Budget 

(OMB) will review all significant rules. 

OMB has determined that this rule is 

not significant. 

Executive Order 13563 reaffirms the 

principles of E.O. 12866 while calling 

for improvements in the Nation’s 

regulatory system to promote 

predictability, to reduce uncertainty, 

and to use the best, most innovative, 

and least burdensome tools for 

achieving regulatory ends. The 

Executive order directs agencies to 

consider regulatory approaches that 

reduce burdens and maintain flexibility 

and freedom of choice for the public 

where these approaches are relevant, 

feasible, and consistent with regulatory 

objectives. E.O. 13563 emphasizes 

further that regulations must be based 

on the best available science and that 

the rulemaking process must allow for 

public participation and an open 

exchange of ideas. We have developed 

this rule in a manner consistent with 

these requirements. 

Energy Supply, Distribution, or Use— 

Executive Order 13211 

Executive Order 13211 (Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use) requires agencies 

to prepare statements of energy effects 

when undertaking certain actions. This 

rule revises the current regulations in 50 

CFR part 23 that implement CITES. The 

regulations provide procedures to assist 

individuals and businesses that import, 

introduce from the sea, export, and reexport CITES wildlife and plants, and 

their parts, products, and derivatives, to 

meet international requirements. This 

rule does not significantly affect energy 

supplies, distribution, and use. 

Therefore, this action is not a significant 

energy action, and no Statement of 

Energy Effects is required. 

Unfunded Mandates Reform Act (2 

U.S.C. 1501 et seq.) 

In accordance with the Unfunded 

Mandates Reform Act (2 U.S.C. 1501 et 

seq.), we make the following findings: 

(1) This rule would not produce a 

Federal mandate. In general, a Federal 

mandate is a provision in legislation, 

statute, or regulation that would impose 

an enforceable duty upon State, local, or 

Tribal governments, or the private 

sector, and includes both Federal 

intergovernmental mandates and 

Federal private sector mandates. These 

terms are defined in 2 U.S.C. 658(5)–(7). 

‘‘Federal intergovernmental mandate’’ 

includes a regulation that would impose 

an enforceable duty upon State, local, or 

Tribal governments with two 

exceptions. It excludes a condition of 

Federal assistance. It also excludes a 

duty arising from participation in a 

voluntary Federal program, unless the 

regulation relates to a then-existing 

Federal program under which 

$500,000,000 or more is provided 

annually to State, local, and Tribal 


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Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Rules and Regulations 10079 

governments under entitlement 

authority, if the provision would 

increase the stringency of conditions of 

assistance or place caps upon, or 

otherwise decrease, the Federal 

Government’s responsibility to provide 

funding, and the State, local, or Tribal 

governments lack authority to adjust 

accordingly. At the time of enactment, 

these entitlement programs were: 

Medicaid; Aid to Families with 

Dependent Children work programs; 

Child Nutrition; Food Stamps; Social 

Services Block Grants; Vocational 

Rehabilitation State Grants; Foster Care, 

Adoption Assistance, and Independent 

Living; Family Support Welfare 

Services; and Child Support 

Enforcement. ‘‘Federal private sector 

mandate’’ includes a regulation that 

‘‘would impose an enforceable duty 

upon the private sector, except (i) a 

condition of Federal assistance or (ii) a 

duty arising from participation in a 

voluntary Federal program.’’ 

(2) The rule does not have a 

significant or unique effect on State, 

local, or Tribal governments or the 

private sector. As the lead agency for 

implementing CITES in the United 

States, we are responsible for 

monitoring international trade in CITES 

wildlife and plants, including their 

parts, products, and derivatives, and 

issuing documents under CITES to 

authorize international trade in CITES 

wildlife and plants. The structure of the 

program imposes no unfunded 

mandates; this rule imposes no 

obligations on State, local, or Tribal 

governments. Therefore, a Small 

Government Agency Plan is not 

required. 

Takings—Executive Order 12630 

In accordance with E.O. 12630 

(Government Actions and Interference 

with Constitutionally Protected Private 

Property Rights), we have analyzed the 

potential takings implications of this 

rule. 

This rule does not affect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630. The rule would not further 

restrict the import, export, or re-export 

of CITES specimens. Rather, this rule 

updates and clarifies the regulations for 

the import, export, and re-export of 

CITES specimens, which will assist the 

importing and exporting community in 

conducting international trade in CITES 

specimens. A takings implication 

assessment is not required. 

Federalism—Executive Order 13132 

In accordance with E.O. 13132 

(federalism), this rule does not have 

significant federalism effects. A 

federalism summary impact statement is 

not required. These revisions to 50 CFR 

part 23 do not contain significant 

federalism implications. 

Civil Justice Reform—Executive Order 

12988 

In accordance with Executive Order 

12988 (Civil Justice Reform), this rule 

does not unduly burden the judicial 

system and meets the requirements of 

sections 3(a) and 3(b)(2) of the Order. 

Specifically, this rule: 

(a) Meets the criteria of section 3(a) 

requiring that all regulations be 

reviewed to eliminate errors and 

ambiguity and be written to minimize 

litigation; and 

(b) Meets the criteria of section 3(b)(2) 

requiring that all regulations be written 

in clear language and contain clear legal 

standards. 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.) 

This rule does not contain any new 

collections of information that require 

approval by the Office of Management 

and Budget (OMB) under the Paperwork 

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

et seq.). 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. 

List of Subjects in 50 CFR Part 23 

Animals, Endangered and threatened 

species, Exports, Fish, Foreign trade, 

Imports, Incorporation by reference, 

Plants, Transportation, Treaties, 

Wildlife. 

Regulation Promulgation 

Therefore, for the reasons discussed 

in the preamble, we hereby amend part 

23 of title 50, Code of Federal 

Regulations, as set forth below. 

PART 23—CONVENTION ON 

INTERNATIONAL TRADE IN 

ENDANGERED SPECIES OF WILD 

FAUNA AND FLORA (CITES) 

■ 1. The authority citation for part 23 

continues to read as follows: 

Authority: Convention on International 

Trade in Endangered Species of Wild Fauna 

and Flora (March 3, 1973), 27 U.S.T. 1087; 

and Endangered Species Act of 1973, as 

amended, 16 U.S.C. 1531 et seq. 

■ 2. Amend § 23.5 by adding, in 

alphabetical order, a definition of 

‘‘assisted production’’ to read as 

follows: 

§ 23.5 How are the terms used in these 

regulations defined? 

* * * * * 

Assisted production means a plant 

specimen that does not fall within the 

definition of ‘‘artificially propagated’’ 

and the source of the specimen is 

considered not to be taken from the wild 

because it was propagated or planted in 

an environment with some level of 

human intervention for the purpose of 

plant production. 

* * * * * 

§ 23.6 [Amended] 

■ 3. Amend § 23.6 by removing the 

word ‘‘biennial’’ in paragraph (g) and 

adding in its place the words ‘‘periodic 

Article VIII, paragraph 7(b)’’. 

§ 23.7 [Amended] 

■ 4. Amend § 23.7(f)(2) by removing the 

words ‘‘CITES’ Guidelines for transport 

and preparation for shipment of live 

wild animals and plants’’ and adding in 

their place the words ‘‘CITES Guidelines 

for the non-air transport of live wild 

animals and plants’’. 

■ 5. Revise § 23.9 to read as follows: 

§ 23.9 Incorporation by reference. 

Certain material is incorporated by 

reference into this part with the 

approval of the Director of the Federal 

Register under 5 U.S.C. 552(a) and 1 

CFR part 51. All approved material is 

available for inspection at U.S. Fish and 

Wildlife Service, International Affairs, 

Division of Management Authority, 

703–358–2104 and is available from the 

sources listed elsewhere in this section. 

It is also available for inspection at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, email fr.inspection@

nara.gov or go to www.archives.gov/ 

federal-register/cfr/ibr-locations.html. 

(a) International Air Transport 

Association (IATA), 800 Place Victoria, 

P.O. Box 113, Montreal, Quebec, Canada 

H4Z 1M1, 1–800–716–6326, 

www.iata.org. 

(1) Live Animals Regulations (LAR) 

48th edition, effective January 1, 2022, 

into §§ 23.23, 23.26, and 23.56. 

(2) Perishable Cargo Regulations 

(PCR) 21st edition, effective January 1, 

2022, into §§ 23.23, 23.26, and 23.56. 

(b) CITES Secretariat: Palais des 

Nations, Avenue de la Paix 8–14, 1211 

Gene`ve 10, Switzerland; telephone +41– 

(0)22–917–81–39/40; email info@

cites.org, www.cites.org. 

(1) CITES Guidelines for the non-air 

transport of live wild animals and 

plants, effective January 2, 2017, into 

§§ 23.23, 23.26, and 23.56, available for 

downloading at 

(i) https://cites.org/eng/resources/ 

transport/index.php 


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10080 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Rules and Regulations 

(ii) https://www.fws.gov/ 

international/travel-and-trade/liveanimal-transport.html 

(2) [Reserved] 

■ 6. Amend § 23.23 by revising 

paragraph (c)(7) to read as follows: 

§ 23.23 What information is required on 

U.S. and foreign CITES documents? 

* * * * * 

(c) * * * 

Required information Description 

*******

(7) Humane transport of live 

specimens.

If the CITES document authorizes the export or re-export of live specimens, a statement that the document 

is valid only if the transport conditions comply with the International Air Transport Association Live Animals 

Regulations (for animals) (incorporated by reference, see § 23.9) or the International Air Transport Association Perishable Cargo Regulations (for plants) (incorporated by reference, see § 23.9) or, in the case of 

non-air transport of species that may require transport conditions in addition to or different from the Live 

Animals Regulations or the Perishable Cargo Regulations, the CITES Guidelines for the non-air transport 

of wild animals and plants (incorporated by reference, see § 23.9). A shipment containing live specimens 

must comply with the International Air Transport Association Live Animals Regulations (for animals) or the 

International Air Transport Association Perishable Cargo Regulations (for plants) or, in the case of non-air 

transport of species that may require transport conditions in addition to or different from the Live Animals 

Regulations or the Perishable Cargo Regulations, the CITES Guidelines for the non-air transport of wild 

animals and plants. 

*******

* * * * * ■ 7. Amend § 23.24 by adding 

paragraphs (j) and (k) to read as follows: 

§ 23.24 What code is used to show the 

source of the specimen? 

* * * * * 

Source of specimen Code 

*******

(j) Specimens taken in the marine environment not under the jurisdiction of any country (see § 23.39) ...................................................... X 

(k) Assisted production plant (see § 23.5) ...................................................................................................................................................... Y 

■ 8. Amend § 23.26 by revising 

paragraph (c)(8) to read as follows: 

§ 23.26 When is a U.S. or foreign CITES 

document valid? 

* * * * * 

(c) * * * 

Key phrase Conditions for an acceptable CITES document 

*******

(8) Humane transport .................. Live wildlife or plants were transported in compliance with the International Air Transport Association Live 

Animals Regulations (for animals) (incorporated by reference, see § 23.9) or the International Air Transport 

Association Perishable Cargo Regulations (for plants) (incorporated by reference, see § 23.9) or, in the 

case of non-air transport of species that may require transport conditions in addition to or different from the 

Live Animals Regulations or the Perishable Cargo Regulations, the CITES Guidelines for the non-air transport of live wild animals and plants (incorporated by reference, see § 23.9). 

*******

* * * * * 

■ 9. Amend § 23.56 by revising 

paragraph (a)(2) to read as follows: 

§ 23.56 What U.S. CITES document 

conditions do I need to follow? 

(a) * * * 

(2) For export and re-export of live 

wildlife and plants, transport conditions 

must comply with the International Air 

Transport Association Live Animals 

Regulations (for animals) (incorporated 

by reference, see § 23.9) or the 

International Air Transport Association 

Perishable Cargo Regulations (for 

plants) (incorporated by reference, see 

§ 23.9) or, in the case of non-air 

transport of species that may require 

transport conditions in addition to or 

different from the Live Animals 

Regulations or the Perishable Cargo 

Regulations, the CITES Guidelines for 

the non-air transport of live wild 

animals and plants (incorporated by 

reference, see § 23.9). 

* * * * * 

Shannon A. Estenoz, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 2022–03533 Filed 2–22–22; 8:45 am] 

BILLING CODE 4333–15–P 


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