Federal Register / Vol. 63, No. 93 /Thursday, May 14, 1998 /Rules and Regulations 26739

PART 2846—QUALITY ASSURANCE

Subpart 2846.6—Material Inspection and

Receiving Reports

2846.601 General.

Subpart 2846.7—Warranties

2846.704 Authority for use of warranties.

Subpart 2846.6—Material Inspection

and Receiving reports

§ 2846.601 General.

Bureaus shall prescribe procedures

and instructions for the use,

preparation, and distribution of material

inspection and receiving reports and

commercial shipping document/packing

lists to evidence Government

inspection.

[FR Doc. 98–12791 Filed 5–13–98; 8:45 am]

BILLING CODE 4410–AR–M

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 23

RIN 1018–AE94

Amendment to Appendix III Listing of

Bigleaf Mahogany Under the

Convention on International Trade in

Endangered Species of Wild Fauna

and Flora

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Final rule.

SUMMARY: This rule announces an

amendment to the Appendix III listing

of bigleaf mahogany (Swietenia

macrophylla) under the Convention on

International Trade in Endangered

Species of Wild Fauna and Flora (CITES

or Convention). The species in the

Americas and its logs, sawn wood, and

veneer sheets have been included in

Appendix III since November 1995,

based on an action by the Government

of Costa Rica. The Government of

Bolivia has recently supplied

information to the CITES Secretariat to

independently include its population in

Appendix III to support its national

legislation for the species and the need

for cooperation of other CITES countries

in controlling the international trade.

The Service will consider any

comments received on whether to enter

a reservation on the Republic of

Bolivia’s action for its population.

DATES: The change to the Appendix III

listing for the Bolivian population of the

species as set forth in this rule entered

into force on March 19, 1998, under the

terms of the Convention. This rule is

effective on May 14, 1998.

ADDRESSES: Please send correspondence

concerning the amendment announced

in this rule to Chief, Office of Scientific

Authority, ARLSQ 750; U.S. Fish and

Wildlife Service; Washington, DC

20240; fax number 703–358–2276.

Express and messenger deliveries

should be addressed to Chief, Office of

Scientific Authority, Room 750; U.S.

Fish and Wildlife Service; 4401 North

Fairfax Drive; Arlington, Virginia 22203.

The text of the Appendix III

notification from the Convention’s

Secretariat is available on request, and

related materials are available for public

inspection by appointment from 8:00

a.m. to 4:00 p.m. Monday through

Friday, at the above address in

Arlington, Virginia.

Please send certificate/permit

questions or any applications

concerning this regulation to Chief,

Office of Management Authority; U.S.

Fish and Wildlife Service; 4401 North

Fairfax Drive, Room 700; Arlington,

Virginia 22203; fax number 703–358–

2281. Express and messenger deliveries

should be addressed to Chief, Office of

Management Authority, at that

Arlington address.

FOR FURTHER INFORMATION CONTACT: Dr.

Susan Lieberman, Chief, Office of

Scientific Authority, phone 703–358–

1708, fax 703–358–2276, e-mail

susanllieberman@mail.fws.gov; or the

Office of Management Authority,

telephone 800–358–2104, e-mail

r9omalcites@mail.fws.gov

SUPPLEMENTARY INFORMATION:

Background

The Convention on International

Trade in Endangered Species of Wild

Fauna and Flora (TIAS 8249) regulates

international trade in certain animal and

plant species. The species for which

trade in particular specimens is

controlled are listed in Appendices I, II,

and III to the Convention. Appendix III

comprises the list of species subject to

regulation within any CITES Party

country that has requested the

cooperation of the other Parties in

regulating international trade in the

specified specimens of the species.

This rule revises the list of CITES

species that is reproduced in the U.S.

Code of Federal Regulations (CFR) at 50

CFR 23.23(f). The current information

following COP10 (see below) was

published in the Federal Register of

August 22, 1997 (62 FR 44627). As

advanced by the Government of Bolivia

pursuant to Article XVI paragraph 1 of

the Convention, the present rule

acknowledges that now both Bolivia and

Costa Rica have added Swietenia

macrophylla (bigleaf mahogany [called

mara or caoba]) to Appendix III in

support of their domestic conservation

measures and need for cooperation of

other Parties.

The species continues to be included

in Appendix III in the Americas (i.e.,

South America, Central America, the

Caribbean, and North America),

including only its logs, sawn wood, and

veneer sheets as the parts or derivatives

covered by the provisions of the

Convention. Thus, products such as

finished furniture are excluded.

Moreover, export of specimens from

plantations located outside the

Americas is not regulated. (At COP10 in

June 1997, the categories saw-logs, sawn

wood, and veneers were revised slightly

to the above for several such listings; cf.

62 FR 44627.)

The CITES Secretariat notified all

Party countries on December 19, 1997

(in Notification No. 1011), of this

addition to Appendix III by Bolivia of

their population of this species. In

accordance with Article XVI paragraph

2, such an amendment becomes

effective 90 days after notification, in

this case on March 19, 1998. All the

shipments of bigleaf mahogany

originating from Bolivia that are

exported on or after that date must be

accompanied by the appropriate

documentation as required by CITES

(usually an export permit), which is to

be presented upon import to the Party

countries.

International trade in Appendix III

species and their parts and derivatives

that are specified as being included

requires the issuance of either an export

permit, a certificate of origin, a re-export

certificate, or a pre-Convention

certificate, by the exporting or the reexporting Party. An export permit,

which signifies that the specimens were

not obtained in contravention of the

laws of that country for conservation, is

required if the shipment originates from

the Party that added the species to

Appendix III, in this case Bolivia, as

well as Costa Rica, which had earlier

added the species to Appendix III,

effective November 16, 1995 (see

Federal Register of February 22, 1996,

61 FR 6793–6795).

Export from the other countries in the

Americas requires the issuance of either

a certificate from the country of origin,

a certificate from the country of reexport, or a pre-Convention certificate

(from the country of export). (The

species is native from Bolivia and Brazil

to Mexico.) These documents legally

verify either: (1) that the specimens

originated in a non-listing country; (2)

that they are being re-exported after a
26740 Federal Register / Vol. 63, No. 93 /Thursday, May 14, 1998 /Rules and Regulations

legal importation in accordance with

CITES; or (3) that they were acquired

before the provisions of the Convention

applied to them. All the countries of

South America, Central America, and

North America and some countries in

the Caribbean are Parties to the

Convention. Article X of CITES and

Resolution Conf. 9.5 specify the

requirements for comparable

documentation from countries not party

to the treaty. The pre-Convention date

for Swietenia macrophylla (bigleaf

mahogany) remains November 16, 1995.

The Convention’s Secretariat and U.S.

Office of Management Authority in 1995

(and sometimes since) have inquired

regarding certificates of origin or

permits that exporting range countries

issue for shipments of the specimens of

this species (i.e., logs, sawn wood, and

veneer sheets). Responses have been

received from Mexico, Guatemala,

Belize, Honduras, Nicaragua, Venezuela,

Peru, and Brazil (cf. Secretariat’s

December 19, 1997, Notification No.

1004). Costa Rica and Bolivia, as Parties

listing the species in Appendix III, use

their regular documents (e.g., permits).

Importation or exportation of CITESregulated plant specimens must be

through particular designated U.S.

Department of Agriculture ports (50 CFR

24.12), which includes additional ports

designated for logs and lumber. For

information on the types of documents

required for such mahogany importation

into the United States, as well as

requests for any documents needed for

such re-export or export from the United

States, contact the Service’s Office of

Management Authority (address and

phone number above).

Any Party at any time may enter a

reservation on a species (or pertinent

population) added to Appendix III. A

Party that has entered a reservation is

treated as a country that is not party to

the Convention with respect to the trade

in the species concerned (until such

time as that Party withdraws its

reservation). The limited effects of a

reservation in alleviating importers and

exporters from documentation

requirements with the other CITES

Parties were thoroughly discussed in a

Federal Register notice on November

17, 1987 (52 FR 43924). In a subsequent

Federal Register notice of March 28,

1988 (53 FR 9945; see also 53 FR 12497,

April 14, 1988), the Service made a

procedural change in requesting

comments about such reservations for

species added to Appendix III. Because

the effects of such a reservation are

limited, and there is also no time limit

for reserving on a species or a

population added to Appendix III, a

proposed rule is not published at the

time the list in § 23.23 is amended.

Regardless of any U.S. decision to enter

a reservation, this particular amendment

to Appendix III entered into force on

March 19, 1998, under terms of the

Convention. Publishing this rule

informs the public of this international

action while still affording those

interested the opportunity and time to

assess the merits of entering a

reservation. Therefore, good cause exists

to omit a proposed-rule notice and

public-comment process, since it is

unnecessary and contrary to the public

interest [5 U.S.C. 553(b)]. Because

bigleaf mahogany in the Americas was

added to Appendix III of the Convention

effective on November 16, 1995, and

because of the other reasons stated

herein, the Service finds that good cause

exists for making this rule effective

upon its date of publication [5 U.S.C.

553(d)]. Accordingly, 50 CFR 23.23(f) is

amended at the conclusion of this

document.

At the tenth meeting of the

Conference of the Parties to the

Convention (COP10) in June 1997, the

United States was among 67 of 112

Parties that voted to include this species

in Appendix II; this 60 percent of the

Parties in favor, however, fell short of

the two-thirds majority needed for

adoption of the proposal (see the

Federal Register notice of August 22,

1997 [62 FR 44627]). After the vote,

Bolivia in plenary stated its intention to

include its population of the species in

Appendix III [cf. Resolution Conf. 9.25

(Rev.)]. The Service has not

recommended entering a reservation on

this enhanced status for the Bolivian

population of the species in Appendix

III. Consideration for doing so would be

given if valid and compelling reasons

are shown that implementation of this

listing would be contrary to the interests

or laws of the United States. The Service

now solicits comments on whether to

enter a reservation, and particularly

seeks any new information that becomes

available. The Service will consider all

comments received, and if appropriate,

will consider recommending that the

United States submit a reservation to the

depositary government (which is

Switzerland).

Other Procedural Requirements

The Department has determined that

changes to the Convention Appendices,

which result from actions of the Parties

to the treaty, do not require preparation

of Environmental Assessments as

defined under authority of the National

Environmental Policy Act (42 U.S.C.

4321–4347). This rule recognizes the

Republic of Bolivia’s decision to include

one of their native species in CITES

Appendix III and serves public notice of

their decision. As such, this rulemaking

does not constitute an agency action

under the Administrative Procedure

Act.

This document was prepared by Dr.

Bruce MacBryde and Dr. Susan

Lieberman, Office of Scientific

Authority, under the authority of the

Endangered Species Act of 1973, as

amended (16 U.S.C. 1531 et seq., 87

Stat. 884, as amended).

List of Subjects in 50 CFR Part 23

Endangered and threatened species,

Exports, Imports, and Treaties.

Regulation Promulgation

PART 23—ENDANGERED SPECIES

CONVENTION

Accordingly, for the reasons set out

above in this document, Part 23,

Subpart C of Title 50 (Chapter I,

Subchapter B) of the Code of Federal

Regulations is amended as set forth

below:

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, 27 U.S.T. 1087; and Endangered

Species Act of 1973, as amended (16 U.S.C.

1531 et seq.).

2. Section 23.23(f) is amended by

revising the entry of Swietenia

macrophylla under the plant family

Meliaceae to read as follows:

§ 23.23 Species listed in Appendices I, II,

and III.

* * * * *

(f) * * *
Federal Register / Vol. 63, No. 93 /Thursday, May 14, 1998 /Rules and Regulations 26741

Species Common name Appendix First listing date

(month/day/year)

* * * * * * *

Plant Kingdom: PLANTS:

* * * * * * *

Family Meliaceae: Mahogany family:

* * * * * * *

Swietenia macrophylla populations in

the Americas (including logs, sawn

wood, and veneer sheets, but no

other parts or derivatives, e.g.,

products).

Bigleaf mahogany .......................... III (Bolivia, Costa Rica) ......................... 11/16/95

* * * * * * *

Dated: May 5, 1998.

Donald Barry,

Acting Assistant Secretary for Fish and

Wildlife and Parks.

[FR Doc. 98–12803 Filed 5–13–98; 8:45 am]

BILLING CODE 4310–55–P