[Federal Register Volume 70, Number 59 (Tuesday, March 29, 2005)]
[Rules and Regulations]
[Pages 15780-15782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6152]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018-AE04


Endangered and Threatened Wildlife and Plants; Reclassification 
of Certain Vicu[ntilde]a Populations From Endangered to Threatened With 
a Special Rule; Technical Amendment

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule; technical amendment.

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SUMMARY: This document amends the special rule for the vicu[ntilde]a 
(Vicugna vicugna), as published in the Federal Register on May 30, 
2002. The May 30, 2002, special rule allows the importation into the 
United States of legal fiber and legal products produced with fiber 
from vicu[ntilde]a populations listed as threatened under the U.S. 
Endangered Species Act of 1973 (ESA) and in Appendix II of the 
Convention on International Trade in Endangered Species of Wild Fauna 
and Flora (CITES), if certain conditions are satisfied by the countries 
of origin and re-export. This document: (1) Corrects and clarifies the 
labeling requirements for legal vicu[ntilde]a fiber and fiber products; 
and (2) corrects an inadvertent typographical error in the section on 
annual reporting requirements.

DATES: This amendment to the special rule for vicu[ntilde]a is 
effective on March 29, 2005.

FOR FURTHER INFORMATION CONTACT: Mr. Robert R. Gabel, Chief, Division 
of Scientific Authority, U.S. Fish and Wildlife Service, 18th and C 
Streets, NW., Mail Stop ARLSQ-750, Washington, DC 20240; phone: 703-
358-1708; fax: 703-358-2276; e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On May 30, 2002, the U.S. Fish and Wildlife Service (Service), 
published a final rule (67 FR 37695) reclassifying the vicu[ntilde]a 
(Vicugna vicugna) in Argentina, Bolivia, Chile, and Peru from 
endangered to threatened under the ESA. The final rule also established 
a special rule (under section 4(d) of the ESA) allowing the importation 
into the United States of legal fiber and legal products produced with 
fiber from vicu[ntilde]a populations listed as threatened under the Act 
and in Appendix II of CITES, if certain conditions are satisfied by the 
exporting (range) or re-exporting country. This special rule is 
contained in 50 CFR 17.40(m).
    The special rule contains errors in two paragraphs: (1) Paragraph 
(m)(2)(i)(A) on labeling requirements for legal vicu[ntilde]a fiber and 
fiber products; and (2) paragraph (m)(4)(i) on annual reporting 
requirements. With this technical amendment, we are correcting existing 
errors, as well as making changes to these paragraphs to clarify 
language that has been identified as unclear.
    Paragraph (m)(2)(i)(A) addresses labeling requirements for legal 
vicu[ntilde]a fiber and fiber products. The special rule is perhaps not 
explicit enough in explaining that labeling requirements pertain to all 
imports, exports, and re-exports. We are amending paragraph 
(m)(2)(i)(A) to explicitly state that labeling requirements pertain to 
all imports, exports, and re-exports, including raw fiber re-exported 
from, or products manufactured in, intermediary countries.
    Paragraph (m)(2)(i)(A)(1) specifies that cloth and cloth products 
must bear the logo adopted by countries signatory to the ``Convenio 
para la Conservaci[oacute]n y Manejo de la Vicu[ntilde]a,'' and the 
words ``VICU[Ntilde]A-(Country of Origin)'' (where country of origin is 
the name of the original exporting country where the vicu[ntilde]a 
fiber in the products originated, either Argentina, Bolivia, or Chile) 
or ``VICU[Ntilde]A-PERU-ARTESANIA'' (for Peru only). However, the words 
``VICU[Ntilde]A-PERU-ARTESANIA'' have never been used to label cloth 
and cloth products from Peru. Peru uses the words ``VICU[Ntilde]A-
PERU'' for these products. We are amending paragraph (m)(2)(i)(A)(1) to 
reflect that only the words ``VICU[Ntilde]A-(Country of Origin)'' are 
used for cloth and cloth products.
    In addition, paragraph (m)(2)(i)(A)(1) does not specify how the 
logo and

[[Page 15781]]

words must appear on the cloth or cloth product. We are amending 
paragraph (m)(2)(i)(A)(1) to clarify that the logo and words may be 
stitched into the cloth or may appear on a sewn-in label.
    Finally, paragraph (m)(2)(i)(A)(1) does not explicitly state that 
the labeling requirement also pertains to samples of cloth or samples 
of cloth products, as well as to other manufactured goods not 
specifically covered in subsequent paragraphs. We are amending 
paragraph (m)(2)(i)(A)(1) to clarify that samples and other 
manufactured goods can be imported only if they meet the same 
requirements as cloth and cloth products.
    Paragraph (m)(2)(i)(A)(2) describes the labeling requirements for 
finished vicu[ntilde]a products (including luxury handicrafts and 
knitted articles) and any bulk shipments of raw fiber. It specifies 
that finished vicu[ntilde]a products (including luxury handicrafts and 
knitted articles) and any bulk shipments of raw fiber must ``have a 
seal or identification tag with codes describing the origin of the 
vicu[ntilde]a product, the trademark or label (``VICU[Ntilde]A-(Country 
of Origin)'' (where country of origin is the name of the original 
exporting country where the vicu[ntilde]a fiber in the products 
originated, either Argentina, Bolivia, or Chile) or ``VICU[Ntilde]A-
PERU-ARTESANIA'' (for Peru only), and the CITES export permit number, 
where country of origin is the name of the original exporting country 
where the vicu[ntilde]a fiber in the products originated.'' However, as 
a result of a proposal adopted at the 10th Meeting of the Conference of 
the Parties to CITES, luxury handicrafts and knitted articles produced 
by native craftpersons within the country of origin should bear the 
label ``VICU[Ntilde]A-(Country of Origin)-ARTESANIA.'' This label does 
not apply to all finished vicu[ntilde]a products, but only to luxury 
handicrafts and knitted articles made by native craftpersons in the 
country of origin. In addition, these products must have the logo 
adopted by countries signatory to the ``Convenio para la 
Conservaci[oacute]n y Manejo de la Vicu[ntilde]a.'' We are amending 
paragraph (m)(2)(i)(A)(2) to reflect that only luxury handicrafts and 
knitted articles made in the country of origin can have the label 
``VICU[Ntilde]A-(Country of Origin)-ARTESANIA,'' and that these 
articles must also have the logo adopted by countries signatory to the 
``Convenio para la Conservaci[oacute]n y Manejo de la Vicu[ntilde]a.'' 
We are also amending paragraph (m)(2)(i)(A)(2) to clarify that the logo 
and words may be woven into the item or may appear on a sewn-in label.
    In addition, paragraph (m)(2)(i)(A)(2) states that the shipment 
must have a seal or identification tag with codes describing the origin 
of the vicu[ntilde]a product and the CITES export permit number. It is 
not clear that this requirement pertains only to bulk shipments of raw 
fiber. We are amending the special rule, specifically by adding a new 
paragraph (m)(2)(i)(A)(3), to clarify that only bulk fiber shipments 
are subject to this requirement and to clarify the labeling information 
that is being required.
    Paragraph (m)(4)(i) of the special rule describes the annual 
reporting requirement for range country governments wishing to export 
specimens of vicu[ntilde]a to the United States. In the list of types 
of information required in the annual report, we inadvertently labeled 
two paragraphs with the letter (E). Through this document, we are 
correcting the text in 50 CFR 17.40(m), paragraph (4)(i), to eliminate 
the duplicate (E) and to label each subparagraph in correct 
alphabetical order.
    We are making no further amendments to the May 30, 2002, final 
rule.

Required Determinations

    We have reviewed this rule under the following statutes and 
Executive Orders that govern the rulemaking process: Executive Order 
12866 (Regulatory Planning and Review); Regulatory Flexibility Act (5 
U.S.C. 601 et seq.); Small Business Regulatory Enforcement Fairness Act 
(5 U.S.C. 804(2)); Unfunded Mandates Reform Act (2 U.S.C. 1501 et 
seq.); Executive Order 12630 (Takings); Executive Order 13132 
(Federalism); Executive Order 12988 (Civil Justice Reform); Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.); National Environmental 
Policy Act; Executive Order 13175 (Tribal Consultation) and 512 DM 2 
(Government-to-Government Relationship With Tribes); and Executive 
Order 13211 (Energy Supply, Distribution, or Use). We have determined 
that this rule does not trigger any of the procedural requirements of 
these Executive Orders or statutes since this rule is only making 
technical corrections to the May 30, 2002, special rule.
    We, for good cause, have determined that the public notice and 
comment provisions of the Administrative Procedure Act (APA) (5 U.S.C. 
553(b)(3)(B)) are unnecessary for this rule because it is only making 
technical corrections to the May 30, 2002, special rule. Further 
delaying the correction of this rule by engaging in normal public 
procedure would be contrary to the public interest.
    Under the APA, our normal practice is to publish rules with a 30-
day delay in effective date. But in this case, we are using the ``good 
cause'' exemption under 5 U.S.C. 553(d)(3) to make this rule effective 
upon publication because it is only making technical corrections to the 
May 30, 2002, special rule and for the reason just stated above.

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Regulations Promulgation

0
Accordingly, the Service hereby amends Sec.  17.40 by revising 
paragraph (m) to read as follows:

PART 17--[AMENDED]

0
1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.


0
2. Amend Sec. 17.40 as follows:

0
a. Revise paragraph (m)(2)(i)(A) to read as follows; and

0
b. Redesignate the second paragraph (m)(4)(i)(E) and paragraphs 
(m)(4)(i)(F), (G), and (H) as paragraphs (m)(4)(i)(F), (G), (H) and 
(I), respectively.


Sec.  17.40  Special rules--mammals.

* * * * *
    (m) * * *
    (2) * * *
    (i) * * *
    (A) The vicu[ntilde]a product must comply with all CITES product 
annotations as given in the CITES Secretariat's official list of the 
CITES Appendices, and all imports, exports, and re-exports of 
vicu[ntilde]a products (including raw fiber re-exported from, or 
products manufactured in, intermediary countries) must be identified as 
follows:
    (1) Cloth, cloth products, and other finished products (including 
luxury handicrafts and knitted articles not produced in the country of 
origin): The reverse side of cloth, cloth products, and other finished 
products (including luxury handicrafts and knitted articles not 
produced in the country of origin), and samples of any of these items, 
must bear the logo adopted by countries signatory to the ``Convenio 
para la Conservaci[oacute]n y Manejo de la Vicu[ntilde]a'' and the 
words ``VICU[Ntilde]A--(Country of Origin),'' where country of origin 
is the name of the country where the vicu[ntilde]a fiber in the 
products originated, either Argentina, Bolivia, Chile, or Peru. The 
logo and words may be woven into the

[[Page 15782]]

item, or may be on a label sewn into the item.
    (2) Luxury handicrafts and knitted articles produced in the country 
of origin: The luxury handicraft or knitted article must bear the logo 
adopted by countries signatory to the ``Convenio para la 
Conservaci[oacute]n y Manejo de la Vicu[ntilde]a'' and the words 
``VICU[Ntilde]A--(Country of Origin)--ARTESANIA,'' where country of 
origin is the name of the country where the vicu[ntilde]a fiber in the 
products, and the products themselves, originated, either Argentina, 
Bolivia, Chile, or Peru. The logo and words may be woven into the item, 
or may be on a label sewn into the item.
    (3) Bulk shipments of raw fiber: The bulk shipment of raw fiber 
must be sealed with a tamper-proof seal and have the following:
    (i) An identification tag with a code identifying the country of 
origin of the vicu[ntilde]a fiber and the CITES export permit number; 
and
    (ii) The logo adopted by countries signatory to the ``Convenio para 
la Conservaci[oacute]n y Manejo de la Vicu[ntilde]a'' and the words 
``VICU[Ntilde]A--(Country of Origin),'' where country of origin is the 
name of the original exporting country where the vicu[ntilde]a fiber in 
the products originated, either Argentina, Bolivia, Chile, or Peru.
* * * * *

    Dated: March 17, 2005.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 05-6152 Filed 3-28-05; 8:45 am]
BILLING CODE 4310-55-P