Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Proposed Rules 15277

account for use in performance of the

contract.

5. Section 245.7310–1 is amended by

revising paragraph (a) to read as follows:

§ 245.7310–1 Demilitarization.

* * * * *

(a) Demilitarization.

Item(s) llll require demilitarization

by the Purchaser in the manner and to the

degree set forth in the Defense

Demilitarization Manual, DoD 4160.21–M–1.

* * * * *

6. Section 252.245–7XXX is added to

read as follows:

§ 252.245–7XXX Demilitarization and Trade

Security Controls.

As prescribed in 245.604–70(b), use

the following clause:

Demilitarization and Trade Security Controls

(XXX 1995)

(a) Definitions.

Demilitarization means the act of

destroying the military offensive or defensive

advantage inherent in certain types of

equipment or material. The term includes

mutilation, dumping at sea, cutting, crushing,

scrapping, melting, burning or alteration

designed to prevent the further use of this

equipment and material for its originally

intended military or lethal purpose and

applies equally to material in unserviceable

or serviceable condition, that has been

screened through the Inventory Control Point

(ICP) and declared surplus or foreign excess.

Munititions List item means any item

contained in the U.S. Munitions list (22 CFR

Part 121).

Trade Security Controls means control

procedures designed to preclude the sale or

shipment of Munitions List of Strategic List

property to any entity whose interests are

inimical to those of the United States. These

controls are also applicable to such other

selected property as may be designated by

the Deputy Under Secretary of Defense

(Trade Security Policy).

Strategic List item means an item assigned

a code letter ‘‘A’’ or ‘‘B’’ following the export

control classification number (ECCN) on the

Commerce Control List, Supplement No. 1 to

Section 799.1 of the Export Administration

Regulations Department of Commerce.

(b) When Government property becomes

excess to the needs of the Contractor in

performing this contract, the Contractor

shall—

(1) Ensure the appropriate demilitarization

code is included in the item description on

inventory schedules generated to report the

excess Government property, utilizing the

guidelines provided in the Defense

Demilitarization Manual, DoD 4160.21–M–1;

(2) Ensure demilitarization of the items, if

required; and

(3) Apply trade security controls as

required by the Arms Export Control Act and

22 CFR Parts 120–130, the International

Traffic in Arms Regulations; the Export

Administration Act of 1979 and 15 CFR parts

700–799, the Export Administration

Regulations; and DoD 4160.21–M–1, Defense

Demilitarization Manual.

(4) Ensure a demilitarization code is

included in the item description on all

transfer documents when Contractoracquired property is transferred to a follow

on contract, utilizing the guidelines provided

in the Defense Demilitarization Manual, DoD

4160.21–M–1.

(c) The Contractor also shall include this

clause, including this paragraph (c) in any

subcontract issued under this contract.

(End of clause)

[FR Doc. 95–7014 Filed 3–22–95; 8:45 am]

BILLING CODE 3810–01–M

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 14

RIN 1018–AB49

Importation, Exportation, and

Transportation of Wildlife

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule; supplemental.

SUMMARY: The U.S. Fish and Wildlife

Service (Service) is proposing additional

changes to its regulations providing for

uniform rules and procedures for the

importation, exportation, and

transportation of wildlife. The Service is

proposing to allow the importation and

exportation of dead, preserved, dried, or

embedded scientific wildlife specimens

by accredited scientists or accredited

scientific institutions at any U.S.

Customs port, or by way of the

international mail. This proposed rule is

a supplement to the Service’s previous

proposal published on September 14,

1994.

DATES: Comments must be submitted on

or before May 22, 1995.

ADDRESSES: Comments and materials

concerning this proposal should be sent

to the Director, U.S. Fish and Wildlife

Service, P.O. Box 3247, Arlington,

Virginia 22203–3247. Comments and

materials may be hand-delivered to the

U.S. Fish and Wildlife Service, Division

of Law Enforcement, 4401 N. Fairfax

Drive, Room 500, Arlington, Virginia,

between the hours of 8:00 a.m. and 4:00

p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT:

Frank Shoemaker, Special Agent in

Charge, Branch of Investigations,

Division of Law Enforcement, telephone

(703) 358–1949.

SUPPLEMENTARY INFORMATION: On

Wednesday, September 14, 1994, the

Service published in the Federal

Register (59 FR 47212) a proposed rule

amending 50 CFR parts 13 and 14. Since

the date of the publication of this prior

proposed rule, the Service has received

numerous inquiries from the scientific

community concerned about the effects

of the Service’s regulations upon the

ordinary scientific exchange of dead,

preserved, dried, or embedded

taxonomic or systematic collection

specimens, or parts thereof, being

imported or exported through the

international mail or by way of ports

other than Service designated ports of

entry. The Service’s proposed rule of

September 14, 1994, made no

substantive changes to the prior

requirements of the existing regulations

related to such matters and only

touched upon such requirements

tangentially. The Service has become

aware, however, in responding to the

numerous public inquiries regarding the

scope of the proposed rule that some

reasonable concerns exist with respect

to its present requirements governing

the importation or exportation of

taxonomic or systematic collection

specimens, or parts thereof, and

acknowledges that some substantive

changes to those requirements are

necessarily in order. The Service,

therefore, is making supplementary

proposals at this time, in addition to

those already published in the proposed

rule of September 14, 1994. The Service

makes these proposals in an effort to

facilitate the importation and

exportation of dead, preserved, dried, or

embedded scientific specimens or parts

thereof, encompassed within the

definition of wildlife, and thereby

alleviate any unnecessary impediments

to scientific exchange its existing

regulations may have imposed.

The Service is proposing to facilitate

the importation or exportation of dead,

preserved, dried, or embedded scientific

taxonomic or systematic collection

specimens, or parts thereof, by

accredited scientists or accredited

institutions by making several changes

in its current regulations. The Service,

in order to clarify its requirements, will

define the terms ‘‘Accredited scientific

institutions’’ and ‘‘Accredited scientist’’

in the definition section provided in

§ 14.4. The term ‘‘Accredited scientific

institutions’’ is defined to include any

public museum, public zoological park,

accredited institution of higher

education, accredited member of the

American Zoological Association,

accredited member of the American

Association of Systematic Collections,

or any State or Federal government

agency that conducts biological or

medical research. The term ‘‘Accredited

scientist’’ is defined to include any

individual associated with, employed

by, or under contract to and accredited
15278 Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Proposed Rules

by an accredited scientific institution

for the purposes of conducting

biological or medical research, and

whose research activities are approved

and sponsored by the scientific

institution granting accreditation.

The Service will also add a new

section at § 14.24, to be entitled

Scientific Specimens. This new section

will provide for dead, preserved, dried,

or embedded taxonomic or systematic

collection specimens to be imported or

exported by accredited scientists and/or

scientific institutions by way of any U.S.

Customs port or to be shipped through

the international mail. This exception,

however, will not apply in situations

where the wildlife being imported or

exported requires a permit under any of

the Service regulations established in 50

CFR parts 16, 17, 18, 21, 22, and 23 that

set forth the Service regulations

implementing: the Lacey Act, (18 U.S.C.

42); the Endangered Species Act (ESA),

(16 U.S.C. 1531–1543); the Marine

Mammal Protection Act (MMPA), (16

U.S.C. 1361–1407); the Migratory Bird

Treaty Act (MBTA), (16 U.S.C. 703–

712); the Bald and Golden Eagle

Protection Act (Eagle Act), (16 U.S.C.

668); and the Convention on

International Trade in Endangered

Species of Wild Flora and Fauna

(CITES), respectively. In addition this

exception will not apply to any

specimen or part of any specimen taken

as a result of sport hunting. The term

‘‘sport hunting’’ will be given its

common and ordinary meaning.

In general all wildlife imported into

the United States must be cleared in

accordance with § 14.52 by a Service

officer prior to its release from detention

by Customs officers. Clearance by a

Service officer may be obtained only at

designated ports, border ports, special

ports, or any port where importation is

authorized by permit, unless the

wildlife is otherwise exempted from

such requirement. The Service’s existing

exceptions to clearance requirements for

certain wildlife are set forth in § 14.55.

The Service is proposing to amend

§ 14.55 by adding a new paragraph at

§ 14.55(d) providing an additional

exception to the Service clearance

requirements for dead, preserved, dried,

or embedded specimens or parts thereof,

imported or exported by accredited

scientists and/or accredited scientific

institutions for taxonomic or systematic

research purposes.

The provisions of § 14.61 require that

a completed Declaration for Importation

and Exportation of Fish and Wildlife

(Form 3–177) be filed with the Service

when clearance is requested. A

Declaration for Importation and

Exportation of Wildlife does not have to

be filed, however, for certain categories

of wildlife provided an exception under

§ 14.62, entitled Exceptions to Import

Declaration Requirements. The Service

is amending § 14.62 by revising

§ § 14.62(c) and adding a new paragraph

at § 14.62(d) to provide an additional

exception to the import declaration

requirements. This provision will

provide that a Declaration for the

Importation or Exportation of Fish or

Wildlife (Form 3–177) does not have to

be filed at the time of importation for

shipments of dead, preserved, dried, or

embedded scientific specimens or parts

thereof, imported by accredited

scientists and/or accredited scientific

institutions for taxonomic or systematic

research purposes. This exception,

however, will not apply in situations

where the wildlife being imported

requires a permit under any of the

Service regulations established in Title

50 CFR Parts 16, 17, 18, 21, 22, and 23.

Except for wildlife requiring a permit

pursuant to parts 16, 17, 18, 21, 22 and

23 of this subchapter, the new § 14.62(d)

will provide that a Declaration for the

Importation or Exportation of Fish or

Wildlife (Form 3–177) does not have to

be filed at the time of importation for

shipments of dead, preserved, dried, or

embedded scientific specimens or parts

thereof, imported by accredited

scientists and/or accredited scientific

institutions for taxonomic or systematic

research purposes. A Form 3–177 must

be filed within 180 days of importation

with the appropriate Assistant Regional

Director—Law Enforcement in the

Region where the importation occurs.

The specimens must be identified to the

most accurate taxonomic classification

reasonably practicable using the best

available taxonomic information, and

the country of origin must be declared.

This exception to the import declaration

requirements will be limited to only

exchanges made by accredited scientists

or accredited scientific institutions and

shall not apply to any specimens or

parts thereof, taken as a result of sport

hunting.

Section 14.63 set forth the

requirement that a completed

Declaration of Importation and

Exportation of Fish or Wildlife (Form 3-

177) must be filed with the Service prior

to the export of any wildlife. Certain

exceptions to this export declaration

requirement are provided in § 14.64.

The Service is amending § 14.64, by

adding a new paragraph at § 14.64(b)(3)

to provide an additional exception to

the Service’s export declaration

requirements. This exception will

provide that a Declaration for the

Importation or Exportation of Fish or

Wildlife (Form 3–177) does not have to

be filed at the time of exportation for

shipments of dead, preserved dried, or

embedded scientific specimens or parts

thereof, exported by accredited

scientists and/or accredited scientific

institutions for taxonomic or systematic

research purposes. This exception,

however, will not apply in situations

where the wildlife being exported

requires a permit under any of the

Service regulations established in Title

50 CFR parts 16, 17, 18, 21, 22, and 23.

Except for wildlife requiring a permit

pursuant to parts 16, 17, 18, 21, 22 and

23 of this subchapter, the new

§ 14.63(b)(3) will provide that a

Declaration for the Importation or

Exportation of Fish or Wildlife (Form 3–

177) does not have to be filed at the time

of exportation for shipments of dead,

preserved, dried, or embedded scientific

specimens or parts thereof, exported by

accredited scientists and/or accredited

scientific institutions for taxonomic or

systematic research purposes. A Form

3–177 must be filed within 180 days of

exportation with the appropriate

Assistant Regional Director—Law

Enforcement in the Region where the

exportation occurs. The specimens must

be identified to the most accurate

taxonomic classification reasonably

practicable using the best available

taxonomic information, and the country

of origin must be declared. This

exception to the export declaration

requirements will be limited to only

exchanges made by accredited scientists

or accredited scientific institutions and

will not apply to any specimens or parts

thereof, taken as result of sport hunting.

The Service is currently deliberating

upon the comments received to its

earlier proposed rule. The Service

invites public comments to these new

proposals and will respond to all

comments to its proposals in the final

rule.

Required Determination

This rule was not subject to Office of

Management and Budget (OMB) review

under Executive Order 12866. The

Department of the Interior (Department)

has determined that this proposed rule

will not have a significant economic

effect on a substantial number of small

entities under the Regulatory Act (5

U.S.C. 601 et seq.). This action is not

expected to have significant taking

implications, as per Executive Order

12630.

This proposed rule does not contain

any additional information collection

requirements, beyond those already

approved under OMB Approval Number

1018–0012, that would require approval

by the Office of Management and

Budget under the Paperwork Reduction
Federal Register / Vol. 60, No. 56 / Thursday, March 23, 1995 / Proposed Rules 15279

Act, 44 U.S.C. 3501 et seq. This action

does not contain any federalism impacts

as described in Executive Order 12612.

These proposed changes in the

regulations in parts 13 and 14 are

regulatory and enforcement actions

which are covered by a categorical

exclusion from National Environmental

Policy Act procedures under 516

Department Manual and an

Environmental Action Memorandum is

on file at the Service’s office in

Arlington, Virginia. A determination has

been made pursuant to Section 7 of the

Endangered Species Act that the

proposed revision of part 14 will not

effect federally listed species. The

Department has certified to OMB that

these regulations meet the applicable

standards provided in Section 2(a) and

2(b)(2) of Executive Order 12778.

Authorship. The originators of this

proposed rule are Special Agents Frank

Shoemaker and Marty Hernandez, and Law

Enforcement Specialist Paul McGowan,

Division of Law Enforcement, U.S. Fish and

Wildlife Service, Washington, D.C.

List of Subjects in 50 CFR Part 14

Animal welfare, Exports, Fish,

Imports, Labeling, Reporting and

recordkeeping requirements,

Transportation, Wildlife.

Regulation Promulgation

For the reasons set out in the

preamble, title 50, chapter I, subchapter

B of the Code of Federal Regulations is

proposed to be amended as set forth

below:

PART 14—[AMENDED]

1. The authority citation for part 14 is

revised to read as follows:

Authority: 16 U.S.C. 704, 712, 1382,

1538(d)-(f), 1539, 1540(f), 3371–3378, 4223–

4244, and 4901–4916; 18 U.S.C. 42; 31 U.S.C.

483(a).

2. Section 14.4, as proposed to be

added at 59 FR 47217, September 14,

1994, is amended by adding paragraphs

(e) and (f) to read as follows:

§ 14.4 Definitions.

* * * * *

(e) Accredited scientific institutions

include any public museum, public

zoological park, accredited institution of

higher education, accredited member of

the American Zoological Association,

accredited member of the American

Zoological Association, accredited

member of the American Association of

Systematic Collections, or any State or

Federal government agency that

conducts biological or medical research.

(f) Accredited scientist includes any

individual associated with, employed

by, or under contract to and accredited

by an accredited scientific institution

for the purposes of conducting

biological or medical research, and

whose research activities are approved

and sponsored by the scientific

institution granting accreditation.

3. A new § 14.24 is added to read as

follows:

§ 14.24 Scientific specimens.

Except for wildlife requiring a permit

pursuant to parts 16, 17, 18, 21, 22 and

23 of this subchapter, dead, preserved,

dried, or embedded scientific specimens

or parts thereof, imported or exported

by accredited scientists and/or

accredited scientific institutions may be

imported or exported through any U.S.

Customs port, or may be shipped

through the international mail system.

Provided: That this exception will not

apply to any specimens or parts thereof,

taken as a result of sport hunting.

4. Section 14.55 is amended by

adding paragraph (d) to read as follows:

§ 14.55 Exceptions to clearance

requirements.

* * * * *

(d) Dead, preserved, dried, or

embedded scientific specimens or parts

thereof, imported or exported by

accredited scientists and/or accredited

scientific institutions for taxonomic or

systematic research purposes. Provided:

That this exception will not apply to

any specimens or parts thereof, taken as

a result of sport hunting.

5. Section 14.62 is amended by

revising paragraph (c) and adding

paragraph (d) to read as follows:

§ 14.62 Exceptions to import declaration

requirements.

* * * * *

(c) General declarations for certain

specimens. Notwithstanding the

provisions of § 14.61 and except for

wildlife included in paragraph (d) of

this section, scientific specimens

imported for scientific institutions for

taxonomic, systematic research, or

faunal survey purposes may be

described in general terms on a

Declaration for the Importation or

Exportation of Fish or Wildlife (Form 3–

177). An amended Form 3–177 must be

filed within 180 days after filing of the

general declaration with the Service.

The specimens must be identified to the

most accurate taxonomic classification

reasonably practicable using the best

available taxonomic information.

Extensions of the 180 day period may be

granted by the Director.

(d) Except for wildlife requiring a

permit pursuant to parts 16, 17, 18, 21,

22 and 23 of this subchapter, a

Declaration for the Importation or

Exportation of Fish or Wildlife (Form 3–

177) does not have to be filed at the time

of importation for shipments of dead,

preserved, dried, or embedded scientific

specimens or parts thereof, imported by

accredited scientists and/or accredited

scientific institutions for taxonomic or

systematic research purposes. A Form

3–177 must be filed within 180 days of

importation with the appropriate

Assistant Regional Director—Law

Enforcement in the Region where the

importation occurs. The specimens

must be identified to the most accurate

taxonomic classification reasonably

practicable using the best available

taxonomic information, and the country

of origin must be declared. Provided:

That this exception will not apply to

any specimens or parts thereof, taken as

a result of sport hunting.

6. Section 14.64 is amended by

adding paragraph (b)(3) to read as

follows:

§ 14.64 Exceptions to export declaration

requirements.

* * * * *

(b) * * *

(3) Except for wildlife requiring a

permit pursuant to parts 16, 17, 18, 21,

22 and 23 of this subchapter, a

Declaration for the Importation or

Exportation of Fish or Wildlife (Form 3–

177) does not have to be filed at the time

of exportation for shipments of dead,

preserved, dried, or embedded scientific

specimens or parts thereof, exported by

accredited scientists and/or accredited

scientific institutions for taxonomic or

systematic research purposes. A Form

3–177 must be filed within 180 days of

exportation with the appropriate

Assistant Regional Director—Law

Enforcement in the Region where the

exportation occurs. The specimens must

be identified to the most accurate

taxonomic classification reasonably

practicable using the best available

taxonomic information, and the country

of origin must be declared. Provided:

That this exception shall not apply to

any specimens or parts thereof, taken as

a result of sport hunting.

Dated: February 10, 1995.

George T. Frampton Jr.,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 95–7085 Filed 3–22–95; 8:45 am]

BILLING CODE 4310–55–M