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

58924 

Vol. 73, No. 196 

Wednesday, October 8, 2008 

DEPARTMENT OF AGRICULTURE 

Submission for OMB Review; 

Comment Request 

October 3, 2008. 

The Department of Agriculture has 

submitted the following information 

collection requirement(s) to OMB for 

review and clearance under the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. Comments 

regarding (a) 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; 

(b) the accuracy of the agency’s estimate 

of burden including the validity of the 

methodology and assumptions used; (c) 

ways to enhance the quality, utility and 

clarity of the information to be 

collected; (d) 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 should be addressed to: Desk 

Officer for Agriculture, Office of 

Information and Regulatory Affairs, 

Office of Management and Budget 

(OMB), OIRA_Submission

@OMB.EOP.GOV or fax (202) 395–5806 

and to Departmental Clearance Office, 

USDA, OCIO, Mail Stop 7602, 

Washington, DC 20250–7602. 

Comments regarding these information 

collections are best assured of having 

their full effect if received within 30 

days of this notification. Copies of the 

submission(s) may be obtained by 

calling (202) 720–8958. 

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. 

Food and Nutrition Service 

Title: 7 CFR Part 235 State 

Administrative Expense Funds. 

OMB Control Number: 0584–0067. 

Summary of Collection: Because the 

Food and Nutrition Service (FNS) is 

accountable for State Administrative 

Expense (SAE) funds by fiscal year, 

State Agencies (SAs) are requested to 

report their SAE budget information on 

that basis. If the State budgets coincide 

with a fiscal year other than that used 

by the Federal government, the SA must 

convert its State budget figures to 

amounts to be used during the 

applicable Federal fiscal year for this 

purpose. In 7 CFR Part 235, State 

Administrative Expense Funds, there 

are five reporting requirements, which 

necessitate the collection of 

information. They are as follows: SAE 

Plan, Reallocation Report, Coordinated 

Review Effort (CRE) Data Base Update, 

Report of SAE Funds Usage, and 

Responses to Sanctions. SAs also must 

maintain records pertaining to SAE. 

These include Ledger Accounts, Source 

Documents, Equipment Records and 

Record on State Appropriated Funds. 

FNS will collect information using 

forms FNS–74 and 525. 

Need and Use of the Information: FNS 

will collect information on the total SAE 

cost the SA expects to incur in the 

course of administering the Child 

Nutrition Programs (CNP); the indirect 

cost rate used by the SA in charging 

indirect cost to SAE, together with the 

name of the Federal agency that 

assigned the rate and the date the rate 

was assigned; breakdown of the current 

year’s SAE budget between the amount 

allocated for the current year and the 

amount carried over from the prior year; 

and the number and types of personnel 

currently employed in administering the 

CNPs. The information is used to 

determine whether SA intends to use 

SAE funds for purposes allowable under 

OMB Circular A–87, Cost Principles for 

State and Local Governments; does SA’s 

administrative budget provide for 

sufficient funding from State sources to 

meet the Maintenance of Effort 

requirement; and is SA’s staff adequate 

to effectively administer the programs 

covered by the SA’s agreement with 

FNS. 

Description of Respondents: State, 

Local or Tribal Government. 

Number of Respondents: 87. 

Frequency of Responses: 

Recordkeeping; Reporting: Annually. 

Total Burden Hours: 13,913. 

Ruth Brown, 

Departmental Information Collection 

Clearance Officer. 

[FR Doc. E8–23882 Filed 10–7–08; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2008–0045] 

General Conference Committee of the 

National Poultry Improvement Plan; 

Intent To Renew 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice of intent. 

SUMMARY: We are giving notice that the 

Secretary of Agriculture intends to 

renew the General Conference 

Committee of the National Poultry 

Improvement Plan (Committee) for a 2- 

year period. The Secretary of 

Agriculture has determined that the 

Committee is necessary and in the 

public interest. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Andrew R. Rhorer, Senior Coordinator, 

National Poultry Improvement Plan, VS, 

APHIS, USDA, Suite 101, 1498 

Klondike Road, Conyers, GA 30094; 

(770) 922–3496. 

SUPPLEMENTARY INFORMATION: The 

purpose of the General Conference 

Committee of the National Poultry 

Improvement Plan (Committee) is to 

maintain and ensure industry 

involvement in Federal administration 

of matters pertaining to poultry health. 

The Committee Chairperson and the 

Vice Chairperson shall be elected by the 

Committee from among its members. 

There are seven members on the 

Committee. This committee differs 

somewhat from other advisory 

committees in the selection process and 

composition of its membership. The 

poultry industry elects the members of 

the Committee. The members represent 

six geographic areas with one memberat-large. The membership is not subject 

to the U.S. Department of Agriculture’s 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Notices 58925 

review. A formal request for 

nominations for membership is 

published in the Federal Register. 

Done in Washington, DC, this 17th day of 

September 2008. 

Boyd K. Rutherford, 

Assistant Secretary for Administration. 

[FR Doc. E8–23854 Filed 10–7–08; 8:45 am] 

BILLING CODE 3410–34–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 and request for 

comments. 

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. The declaration 

requirements of the Lacey Act become 

effective on December 15, 2008. The 

purpose of this notice is to inform the 

public about the new Lacey Act 

provisions, particularly the declaration 

requirements and the Federal 

Government’s plan to implement and 

enforce the declaration requirements. 

DATES: We will consider all comments 

that we receive on or before December 

8, 2008. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/fdmspublic/

component/main?main=DocketDetail

&d=APHIS=2008=0119 to submit or 

view comments and to view supporting 

and related materials available 

electronically. 

• Postal Mail/Commercial Delivery: 

Please send two copies of your comment 

to Docket No. APHIS–2008–0119, 

Regulatory Analysis and Development, 

PPD, APHIS, Station 3A–03.8, 4700 

River Road Unit 118, Riverdale, MD 

20737–1238. Please state that your 

comment refers to Docket No. APHIS– 

2008–0119. 

Reading Room: You may read any 

comments that we receive on this 

docket in our reading room. The reading 

room is located in room 1141 of the 

USDA South Building, 14th Street and 

Independence Avenue, SW., 

Washington, DC. Normal reading room 

hours are 8 a.m. to 4:30 p.m., Monday 

through Friday, except holidays. To be 

sure someone is there to help you, 

please call (202) 690–2817 before 

coming. 

Other Information: Additional 

information about APHIS and its 

programs is available on the Internet at 

http://www.aphis.usda.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Alex Belano, Assistant Branch Chief, 

Commodity Import Analysis and 

Operations, PPQ, APHIS, 4700 River 

Road Unit 133, Riverdale, MD 20737– 

1231; (301) 734–8758. 

SUPPLEMENTARY INFORMATION: 

Background 

The Lacey Act, first enacted in 1900 

and significantly amended in 1981, is 

the United States’ oldest wildlife 

protection statute. The Act combats 

trafficking in ‘‘illegal’’ wildlife, fish, and 

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). As of May 22, 2008, 

the Lacey Act makes it unlawful to 

import, export, transport, sell, receive, 

acquire, or purchase in interstate or 

foreign commerce any plant, with some 

limited exceptions, taken, possessed, 

transported or sold in violation of the 

laws of the United States, a State, an 

Indian tribe, or any foreign law that 

protects plants. 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 

covered by the Act. 

In addition, Section 3 of the Lacey 

Act, as amended (16 U.S.C. 3372), 

makes it unlawful, beginning December 

15, 2008, to import certain plants and 

plant products without an import 

declaration. The U.S. Department of 

Agriculture’s (USDA) Animal and Plant 

Health Inspection Service (APHIS) is 

working with a larger interagency group 

composed of representatives from U.S. 

Forest Service, Customs and Border 

Protection (CBP), U.S. Trade 

Representative (USTR), U.S. Department 

of Justice, U.S. Department of State, U.S. 

Fish and Wildlife Service (FWS), 

Council on Environmental Quality, and 

Department of Commerce, to implement 

the new provisions. 

Under the amended Lacey Act, 

beginning December 15, 2008, importers 

are required to submit a declaration for 

certain plants and plant products. The 

declaration must contain, among other 

things, 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 with 

recycled plant content, the importer will 

not be required to specify the species or 

country of harvest with respect to the 

recycled plant product component, but 

will be required to provide the average 

percent recycled content. If the product 

also contains non-recycled plant 

materials, the basic declaration 

requirements still apply to that 

component of the product imported. For 

plant products (as opposed to plants), if 

the plant species from which they are 

made varies and are unknown, 

importers will have to declare the name 

of each species that may have been used 

to produce the product. Similarly, if a 

plant product is made of plant species 

commonly harvested in more than one 

country, and the country is unknown, 

the importer will be required to declare 

the name of each country from which 

the plant may have been harvested. 

Violations of the Lacey Act provisions 

may be prosecuted in three basic ways: 

(1) Civil—monetary penalties; (2) 

criminal—fines and penalties and 

potential incarceration; or (3) 

forfeiture—dispossession of the plant, 

fish, or wildlife in question. 

Scope of Plants and Plant Products 

Covered 

Under the Lacey Act, as amended, 

‘‘Plant’’ means: ‘‘Any wild member of 

the plant kingdom, including roots, 

seeds, parts or product thereof, and 

including trees from either natural or 

planted forest stands.’’ There are three 

categorical exemptions: 

1. Common cultivars, except trees, 

and common food crops (including 

roots, seeds, parts, or products thereof); 

2. Scientific specimens of plant 

genetic material (including roots, seeds, 

germplasm, parts, or products thereof) 

that are to be used only for laboratory 

or field research; 

3. Plants that are to remain planted or 

to be planted or replanted. 

The amendments, including the 

declaration requirements, still apply for 

items described under 2 and 3 if the 

plant is listed: 

• In an appendix to the Convention 

on International Trade in Endangered 

Species of Wild Fauna and Flora (27 

UST 1087; TIAS 8249) (CITES); 

• As an endangered or threatened 

species under the Endangered Species 

Act of 1973 (16 U.S.C. 1531 et seq.) 

(ESA); or 

• Pursuant to any State law that 

provides for the conservation of species 

that are indigenous to the State and are 

threatened with extinction. 

All covered plants and plant products 

will require an import declaration, 


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