This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

35259 

Vol. 86, No. 125 

Friday, July 2, 2021 

DEPARTMENT OF AGRICULTURE 

Submission for OMB Review; 

Comment Request 

June 29, 2021. 

The Department of Agriculture will 

submit the following information 

collection requirement(s) to OMB for 

review and clearance under the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 on or after the date 

of publication of this notice. Comments 

are requested regarding: Whether the 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; the accuracy of the 

agency’s estimate of burden including 

the validity of the methodology and 

assumptions used; ways to enhance the 

quality, utility and clarity of the 

information to be collected; and ways to 

minimize the burden of the collection of 

information on those who are to 

respond, including through the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology. 

Comments regarding these 

information collections are best assured 

of having their full effect if received by 

August 2, 2021. Written comments and 

recommendations for the proposed 

information collection should be 

submitted within 30 days of the 

publication of this notice on the 

following website www.reginfo.gov/ 

public/do/PRAMain. Find this 

particular information collection by 

selecting ‘‘Currently under 30-day 

Review—Open for Public Comments’’ or 

by using the search function. 

An agency may not conduct or 

sponsor a collection of information 

unless the collection of information 

displays a currently valid OMB control 

number and the agency informs 

potential persons who are to respond to 

the collection of information that such 

persons are not required to respond to 

the collection of information unless it 

displays a currently valid OMB control 

number. 

National Agricultural Statistics Service 

Title: ARMS, Fruit Chemical Use and 

State Cooperator Surveys—Substantive 

Change. 

OMB Control Number: 0535–0218. 

Summary of Collection: General 

authority for these data collection 

activities is granted under U.S. Code 

Title 7, Section 2204 which specifies 

that ‘‘The Secretary of Agriculture shall 

procure and preserve all information 

concerning agriculture which he can 

obtain . . . by the collection of statistics 

. . .’’. The primary objective of the 

National Agricultural Statistics Service 

(NASS) is to provide data users with 

timely and reliable agricultural 

production and economic statistics, as 

well as environmental and specialty 

agricultural related statistics. To 

accomplish this objective, NASS relies 

on the use of diverse surveys that show 

changes within the farming industry 

over time. 

The Agricultural Resource 

Management Surveys (ARMS), the Fruit 

Chemical Use Survey and several state 

funded surveys collect economic and 

environmental data on numerous crops 

on an annual basis. The ARMS surveys 

target numerous crops each year. The 

Fruit and Vegetable Chemical Use 

Surveys alternate each year. Changes 

need to be made to these surveys on an 

annual basis to address issues that arise 

each year. In addition, some research 

questions are added to some of these 

surveys by the Economic Research 

Service (ERS) who co-sponsors the 

ARMS program. The revised 

questionnaires and listings of the 

changes to the questionnaires can be 

viewed in the Reginfo system 

mentioned above. 

The changes to these surveys will add 

an additional 15,799 burden hours 

raising the total for this information 

collection request to 120,828 hours. 

Need and Use of the Information: 

These changes will increase the 

usefulness and relevance of both the 

economic and environmental data being 

collected. 

Description of Respondents: Farms 

and Ranches. 

Number of Respondents: 128,417. 

Frequency of Responses: Reporting: 

Once. 

Total Burden Hours: 120,828. 

Levi S. Harrell, 

Departmental Information Collection 

Clearance Officer. 

[FR Doc. 2021–14178 Filed 7–1–21; 8:45 am] 

BILLING CODE 3410–20–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2008–0119] 

Implementation of Revised Lacey Act 

Provisions 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice. 

SUMMARY: The Food, Conservation, and 

Energy Act of 2008 amended the Lacey 

Act to provide, among other things, that 

importers submit a declaration at the 

time of importation for certain plants 

and plant products. Enforcement of the 

declaration requirement began on April 

1, 2009, and products requiring a 

declaration are being phased-in. The 

purpose of this notice is to inform the 

public of a change in the date of 

implementation for Phase VI of the 

enforcement schedule. 

DATES: Implementation of Phase VI of 

the Lacey Act enforcement schedule 

will begin October 1, 2021. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Dorothy Wayson, National Policy 

Manager, Lacey Act Program, 

Compliance and Environmental 

Coordination Branch, PPQ, APHIS, 4700 

River Road, Unit 150, Riverdale, MD 

20737; (301) 851–2036. 

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 

illegally taken wildlife, fish, or plants. 

The Food, Conservation, and Energy Act 

of 2008, effective May 22, 2008, 

amended the Lacey Act by expanding its 

protection to a broader range of plants 

and plant products (Section 8204, 

Prevention of Illegal Logging Practices). 

The Lacey Act now makes it unlawful 

to import, export, transport, sell, 

receive, acquire, or purchase in 


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35260 Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Notices 

1To view the notices and the comments we 

received, go to http://www.regulations.gov, and 

enter APHIS–2008–0119 in the Search field. 

interstate or foreign commerce any 

plant, with some limited exceptions, 

taken, possessed, transported, or sold in 

violation of any law of the United States 

or an Indian Tribe, or in violation of any 

State or foreign law that protects plants 

or that regulates certain specified plantrelated activities. 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. 

In addition, Section 3 of the Lacey 

Act, as amended, makes it unlawful, 

beginning December 15, 2008, to import 

certain plants, including plant products, 

without an import declaration. The 

declaration must contain 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. For paper and 

paperboard products containing 

recycled content, the declaration also 

must include the average percent of 

recycled content without regard for 

species or country of harvest. The plant 

import declaration requirement does not 

apply to plants used exclusively as 

packaging material to support, protect, 

or carry another item, unless the 

packaging material itself is the item 

being imported. Currently, enforcement 

of the declaration requirement is being 

phased in, as described in three notices 

we published in the Federal Register,1

the first on February 3, 2009 (74 FR 

5911–5913, Docket No. APHIS–2008– 

0119), the second on September 2, 2009 

(74 FR 45415–45418, Docket No. 

APHIS–2008–0119), and the third on 

February 6, 2015 (80 FR 6681–6683, 

Docket No. APHIS–2008–0119). 

In our February 2009 notice, we 

committed to providing affected 

individuals and industry with at least 6 

months’ notice for any products that 

would be added to the phase-in 

schedule. The phased-in enforcement 

schedule began April 1, 2009. The most 

recent phase (V) began on August 6, 

2015. The enforcement schedule is 

available on the Animal and Plant 

Health Inspection Service (APHIS) 

website at https://www.aphis.usda.gov/ 

aphis/ourfocus/planthealth/importinformation/SA_Lacey_Act. We 

continue to consider the applicability of 

the declaration requirement to products 

not included in the current phase-in 

schedule. 

On March 31, 2020, we published a 

notice in the Federal Register (85 FR 

17849–17850, Docket No. APHIS–2008– 

0119) announcing Phase VI of the 

enforcement schedule, which would 

have begun on October 1, 2020. We 

solicited comments concerning our 

proposal until July 1, 2020. We received 

31 comments by that date. They were 

from industry associations, conservation 

organizations, importers, exporters, and 

representatives of foreign governments. 

Several commenters were concerned 

that adding products under Harmonized 

Tariff Code 4415, which includes cases, 

boxes, crates, drums, containers, pallets, 

and box-pallets, and other solid wood 

packaging materials, would result in 

unnecessary burden and disruptions to 

international trade if the declaration 

requirement was enforced for these 

packaging materials. 

The Act specifies that the plant 

import declaration requirement does not 

apply to plants used exclusively as 

packaging material to support, protect, 

or carry another item, unless the 

packaging material itself is the item 

being imported (§ 3372(f)(3)). APHIS 

will only require a declaration for new 

products in Harmonized Tariff Code 

4415 that are formally entering the 

United States. The declaration 

requirement will not apply to used, 

recycled, or reclaimed pallets or to 

pallets, empty or under load, that are 

used to carry goods imported into the 

United States. 

Some commenters expressed concern 

about the addition of essential oils in 

Harmonized Tariff Code 3301.29.5150— 

essential oils of ‘‘other.’’ These 

commenters stated that it was unclear 

what was included under ‘‘other’’ and 

that there could be attempts to 

inaccurately classify products under 

different codes to avoid the plant import 

declaration requirement. 

We agree with the commenters that 

this code may not provide sufficient 

specificity and could result in both 

deliberate and unintentional 

inaccuracies. Accordingly, we have 

decided to remove Harmonized Tariff 

Code 3301.29.5150—essential oils of 

‘‘other’’ from this implementation 

phase. 

In the initial notice, we included both 

Harmonized Tariff Code 9209.92 and 

the 10-digit Harmonized Tariff Code 

9209.92.8000. Listing the 10-digit code 

is unnecessary, since it already falls 

under 9209.92. We also mistakenly 

categorized Harmonized Tariff Code 

9209.99.8000 as ‘‘musical instruments 

of heading 9202, other.’’ It should read 

simply ‘‘Other.’’ We have corrected 

these errors. An updated list of 

Harmonized Tariff Schedule codes is set 

out below. Furthermore, we have 

decided to delay implementation of the 

enforcement phase based on the 

comments we received. Implementation 

of Phase VI will now begin on October 

1, 2021. 

Ch. 33 Headings (Essential Oils) 

• 3301295109—essential oils of 

cedarwood 

• 3301295121—essential oils of linaloe 

or bois de rose 

• 3301295139—essential oils of 

sandalwood 

Ch. 42 Headings (Trunks, Cases, 

Suitcases) 

• 4202292000—trunks, cases, and 

suitcases of wood 

• 4202992000—other, of wood, not 

lined 

• 4202993000—other, of wood, lined 

Ch. 44 Headings (Wood and Articles of 

Wood) 

• 441012—oriented strand board (OSB) 

• 4415—cases, boxes, crates, drums, 

containers, pallets, box-pallets, etc. 

Ch. 92 Headings (Musical Instruments) 

• 9205902000—wind musical 

instruments: bagpipes 

• 9205904020—clarinets 

• 9205904080—other (woodwind 

instruments) 

• 9205904060—flutes and piccolos 

• 9206002000—drums 

• 9207900040—musical instruments 

(fretted string instruments) 

• 9209.92—parts and accessories for 

musical instruments of heading 9202 

• 9209992000—parts and accessories 

for bagpipes 

• 9209994040—parts and accessories 

for other woodwind instruments 

• 9209998000—other 

Ch. 96 Headings (Miscellaneous 

Manufactured Articles) 

• 9620005500—monopods, bipods, 

tripods and similar articles of wood 

Additional Information 

APHIS will continue to provide the 

latest information regarding the Lacey 

Act on our website, https://

www.aphis.usda.gov/aphis/ourfocus/ 

planthealth/import-information/SA_

Lacey_Act. The website currently 

contains the Lacey Act, as amended; a 

slideshow covering background and 

context, 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; a link to the Lacey 

Act Web Governance System (LAWGS); 

and the paper declaration form. The 

website will be updated as new 

materials become available. We 

encourage persons interested in 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Notices 35261 

receiving timely updates on APHIS’ 

Lacey Act efforts to register for our 

stakeholder registry at https://

public.govdelivery.com/accounts/ 

USDAAPHIS/subscriber/new/ and select 

‘‘Lacey Act Declaration’’ as a topic of 

interest. 

Paperwork Reduction Act 

This notice contains no new 

information collection or recordkeeping 

requirements under the Paperwork 

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

et seq.). The information collection 

activities included in this notice are 

approved by the Office of Management 

and Budget under control number 0579– 

0349. 

E-Government Act Compliance 

The Animal and Plant Health 

Inspection Service is committed to 

compliance with the E-Government 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 notice, please contact Mr. Joseph 

Moxey, APHIS’ Paperwork Reduction 

Act Coordinator, at (301) 851–2483. 

Done in Washington, DC, this 28th day of 

June 2021. 

Mark Davidson, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2021–14155 Filed 7–1–21; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

National Agricultural Statistics Service 

Notice of Intent To Request To 

Conduct a New Information Collection 

AGENCY: National Agricultural Statistics 

Service, Agriculture (USDA). 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, this 

notice announces the intention of the 

National Agricultural Statistics Service 

(NASS) to seek approval to conduct a 

new information collection to gather 

data related to the motivations of 

targeted operators to adopt conservation 

practices. 

DATES: Comments on this notice must be 

received by August 31, 2021 to be 

assured of consideration. 

ADDRESSES: You may submit comments, 

identified by docket number 0535– 

NEW, by any of the following methods: 

• Email: ombofficer@nass.usda.gov. 

Include docket number above in the 

subject line of the message. 

• E-fax: (855) 838–6382. 

• Mail: Mail any paper, disk, or CD– 

ROM submissions to: David Hancock, 

NASS Clearance Officer, U.S. 

Department of Agriculture, Room 5336 

South Building, 1400 Independence 

Avenue SW, Washington, DC 20250– 

2024. 

• Hand Delivery/Courier: Hand 

deliver to: David Hancock, NASS 

Clearance Officer, U.S. Department of 

Agriculture, Room 5336 South Building, 

1400 Independence Avenue SW, 

Washington, DC 20250–2024. 

FOR FURTHER INFORMATION CONTACT: 

Kevin L. Barnes, Associate 

Administrator, National Agricultural 

Statistics Service, U.S. Department of 

Agriculture, (202) 720–2707. Copies of 

this information collection and related 

instructions can be obtained without 

charge from David Hancock, NASS— 

OMB Clearance Officer, at (202) 690– 

2388 or at ombofficer@nass.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Title: National Conservation Practice 

Adoption Motivations Survey. 

OMB Control Number: 0535–NEW. 

Type of Request: Intent to seek 

approval to create a new information 

collection for a period of three years. 

Abstract: The purpose of the survey is 

to target operations who own or operate 

cropland and/or concentrated livestock 

feeding operations. NASS will collect 

information about these types of 

operations to understand conservation 

practices within the United States in 

terms of the following: (1) How often are 

specific conservation practices adopted 

without assistance, with technical 

assistance and/or financial assistance. 

(2) How does adoption evolve over 

time? What proportion of producers 

who ‘‘try’’ a given practice continue or 

expand use over time? How many 

discontinue the practice? (3) What 

motivates farmers to initially try a 

practice and then continue, expand, or 

discontinue use? The questions reflect a 

range of factors including conservation 

need(s), experience(s) of neighbors, 

financial benefits or costs, producer’s 

time and effort, availability of technical 

and financial assistance, regulation or 

conservation compliance, and concern 

about the environmental quality. The 

United States Department of 

Agriculture’s Natural Resources 

Conservation Service has entered into 

an interagency agreement with NASS to 

conduct this survey. 

Authority: These data will be 

collected under authority of 7 U.S.C. 

2204(a). Individually identifiable data 

collected under this authority are 

governed by Section 1770 of the Food 

Security Act of 1985 as amended, 7 

U.S.C. 2276, which requires USDA to 

afford strict confidentiality to nonaggregated data provided by 

respondents. This Notice is submitted in 

accordance with the Paperwork 

Reduction Act of 1995 (Pub. L. 104–113, 

44 U.S.C. 3501, et seq.) and Office of 

Management and Budget regulations at 

5 CFR part 1320. 

NASS also complies with OMB 

Implementation Guidance, 

‘‘Implementation Guidance for Title V 

of the E-Government Act, Confidential 

Information Protection and Statistical 

Efficiency Act of 2002 (CIPSEA),’’ 

Federal Register, Vol. 72, No. 115, June 

15, 2007, p. 33362. 

Estimate of Burden: Public reporting 

burden for this collection of information 

is estimated to average 60 minutes per 

response. NASS plans to mail out 

publicity materials prior to the 

questionnaires to inform respondents of 

the importance of this survey. 

Respondents will be able to reply to the 

mailed questionnaires by either an 

online link or by U.S. Postal Service. 

After two questionnaire mailings, NASS 

will mail a reminder, pressure sealed 

postcard to non-respondents with a link 

to the internet data collection tools, 

followed up with phone and personal 

enumeration of non-respondents to 

increase response rates and to minimize 

data collection costs. 

Respondents: The 2022 survey will 

target operations who own or operate 

cropland as well as concentrated 

livestock feeding operations. Operators 

who have grazing land or forestry land 

will be done at a later date. 

Estimated Number of Respondents: 

35,200. 

Estimated Total Annual Burden on 

Respondents: 35,614 hours. 

Comments: Comments are invited on: 

(a) Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

(b) the accuracy of the agency’s estimate 

of the burden of the proposed collection 

of information, including the validity of 

the methodology and assumptions used; 

(c) ways to enhance the quality, utility, 

and clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the collection of information 

on those who are to respond, through 

the use of appropriate automated, 

electronic, mechanical, technological, or 

other forms of information technology 

collection methods. 

All responses to this notice will 

become a matter of public record and be 


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