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###### Department of Agriculture

###### Animal and Plant Health Inspection Service

          - [Docket No. APHIS-2010-0093]

# AGENCY:

Animal and Plant Health Inspection Service, USDA.

# ACTION:

Extension of approval of an information collection; comment request.

# SUMMARY:

In accordance with the Paperwork Reduction Act of 1995, this notice announces the Animal and Plant Health Inspection Service’s intention to request an extension of approval of an information collection required by the Lacey Act for the importation of certain plants and plant products.

# DATES:

We will consider all comments that we receive on or before November 29, 2010.

# 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-2010-0093 ) to submit or view comments and to view supporting and related materials available electronically.                    
      - Postal Mail/Commercial Delivery: Please send one copy of your comment to Docket No. APHIS-2010-0093, 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-2010-0093.

*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:

For information on the Lacey Act declaration requirement, contact Mr. Craig Fedchock, Director, International Development, PPQ, APHIS, 4700 River Road Unit 131, Riverdale, MD 20737; (301) 734-3779. For copies of more detailed information on the information collection, contact Mrs. Celeste Sickles, APHIS’ Information Collection Coordinator, at (301) 851-2908.

# SUPPLEMENTARY INFORMATION:

*Title:*                     Lacey Act Declaration Requirement; Plants and Plant Products.                

*OMB Number:*                     0579-0349.                

*Type of Request:*                     Extension of approval of an information collection.                

*Abstract:*                     The Food, Conversation, and Energy Act of 2008, effective May 22, 2008, amended the Lacey Act (the Act) by expanding its protection to a broader range of plants and plant products (Section 8204, Prevention of Illegal Logging Practices). The Lacey Act, as amended, 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 2008 amendment to the Act also 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 Act makes it unlawful to import certain plants and plant products without an import declaration. 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 percentage of recycled content. If the product also contains non-recycled plant materials, the basic declaration requirements still apply to that component of the product imported. PPQ Form 505 (Plant and Plant Product Declaration Form) is available at (                    *http://www.aphis.usda.gov/​plant_​health/​lacey_​act/​downloads/​declarationform.pdf*).                

We are asking the Office of Management and Budget (OMB) to approve our use of this information collection activity for an additional 3 years.

The purpose of this notice is to solicit comments from the public (as well as affected agencies) concerning our information collection. These comments will help us:

(1) Evaluate 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;

(2) Evaluate the accuracy of our estimate of the burden of the information collection, including the validity of the methodology and assumptions used;

(3) Enhance the quality, utility, and clarity of the information to be collected; and

(4) Minimize the burden of the information collection on those who are to respond, through use, as appropriate, of automated, electronic, mechanical, and other collection technologies, e.g., permitting electronic submission of responses.

*Estimate of burden:*                     The public reporting burden for this collection of information is estimated to average 8 hours per response.                

*Respondents:*                     Importers of certain plants and plant products.                

*Estimated annual number of respondents:*                     81,928.                

*Estimated annual number of responses per respondent:*                     20.                

*Estimated annual number of responses:*                     1,638,560.                

*Estimated total annual burden on respondents:*                     13,108,480 hours. (Due to averaging, the total annual burden hours may not equal the product of the annual number of responses multiplied by the reporting burden per response.)                

                    All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record.                          ( print page 60066)    

                    Done in Washington, DC, this 23rd                     day of September 2010.                

Kevin Shea

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 2010-24351 Filed 9-28-10; 12:01 pm]

BILLING CODE 3410-34-S