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Federal Register/Vol. 87, No. 36/Wednesday, February 23, 2022/Rules and Regulations 10073
penalty per violation was increased to (OMB). Under section 3(f) of Executive information to the U.S. Senate, the U.S.
$576. Order 12866, the EEOC and OMB have House of Representatives, and the
These annual adjustments to the determined that this final rule will not Comptroller General of the United
penalty are calculated pursuant to the have an annual effect on the economy States prior to the effective date of the
inflation adjustment formula provided of $100 million or more, or adversely rule. Under the CRA, a major rule
in section 5(b) of the 2015 Act. In affect in a material way the economy, a cannot take effect until 60 days after it
accordance with section 6 of the 2015 sector of the economy, productivity, is published in the Federal Register.
Act, the adjusted penalty will apply competition, jobs, the environment, This action is not a ‘‘major rule’’ as
only to penalties assessed after the public health or safety, or state, local, or defined by the CRA at 5 U.S.C. 804(2).
effective date of the adjustment. tribal governments or communities. In List of Subjects in 29 CFR Part 1601
Generally, the periodic inflation FY 2021, the Commission had 10
adjustment to a civil monetary penalty posting notice charge resolutions. The Administrative practice and
under the 2015 Act will be based on the great majority of employers and entities procedure.
percentage change between the covered by these regulations comply Charlotte A. Burrows,
Consumer Price Index for all Urban with the posting requirement, and, as a Chair, Equal Employment Opportunity
Consumers (CPI–U) for the month of result, the aggregate economic impact of Commission.
October preceding the date of these revised regulations will be Accordingly, the Equal Employment
adjustment and the prior year’s October minimal, affecting only those limited Opportunity Commission amends 29
CPI–U. few who fail to post required notices in CFR part 1601 as follows:
II. Calculation violation of the regulation and statue.
The adjustment set forth in this final Paperwork Reduction Act PART 1601—PROCEDURAL
rule was calculated by comparing the The Paperwork Reduction Act (44 REGULATIONS
CPI–U for October 2020 with the CPI– U.S.C. chapter 35) (PRA) applies to ■ 1. The authority citation for part 1601
U for October 2021, resulting in an rulemakings in which an agency creates continues to read as follows:
inflation adjustment factor of 1.06222. a new paperwork burden on regulated
The first step of the calculation is to entities or modifies an existing burden. Authority: 42 U.S.C. 2000e to 2000e–17; 42
multiply the inflation adjustment factor This final rule contains no new U.S.C. 12111 to 12117; 42 U.S.C. 2000ff to
(1.06222) by the most recent civil information collection requirements, 2000ff–11; 28 U.S.C. 2461 note, as amended;
penalty amount ($576) to calculate the and therefore, will create no new Pub. L. 104–134, Sec. 31001(s)(1), 110 Stat.
inflation-adjusted penalty level paperwork burdens or modifications to 1373.
($611.83872). The second step is to existing burdens that are subject to ■ 2. Section 1601.30 is amended by
round this inflation-adjusted penalty to review by the Office of Management and revising paragraph (b) to read as follows:
the nearest dollar ($612). Accordingly, Budget under the PRA. §1601.30 Notices to be posted.
the Commission is now adjusting the Regulatory Flexibility Act * * * * *
maximum penalty per violation The Regulatory Flexibility Act (5 (b) Section 711(b) of Title VII and the
specified in 29 CFR 1601.30(a) from U.S.C. 601–612) only requires a Federal Civil Penalties Inflation
$576 to $612. regulatory flexibility analysis when Adjustment Act, as amended, make
III. Regulatory Procedures notice and comment is required by the failure to comply with this section
Administrative Procedure Act Administrative Procedure Act or some punishable by a fine of not more than
The Administrative Procedure Act other statute. As stated above, notice $612 for each separate offense.
(APA) provides an exception to the and comment is not required for this [FR Doc. 2022–03697 Filed 2–22–22; 8:45 am]
notice and comment procedures where rule. For that reason, the requirements BILLING CODE 6570–01–P
an agency finds good cause for of the Regulatory Flexibility Act do not
dispensing with such procedures, on the apply.
basis that they are impracticable, Unfunded Mandates Reform Act of 1995 DEPARTMENT OF THE INTERIOR
unnecessary, or contrary to the public This final rule will not result in the Fish and Wildlife Service
interest. The Commission finds that expenditure by State, local, or tribal
under 5 U.S.C. 553(b)(3)(B) good cause governments, in the aggregate, or by the 50 CFR Part 23
exists to not utilize notice of proposed private sector, of $100 million or more
rulemaking and public comment in any one year, and it will not [Docket No. FWS–HQ–IA–2020–0019;
procedures for this rule because this significantly or uniquely affect small FF09A30000–190FXIA16710900000]
adjustment of the civil monetary penalty governments. Therefore, no actions were RIN 1018–BF14
is required by the 2015 Act, the formula deemed necessary under the provisions
for calculating the adjustment to the of the Unfunded Mandates Reform Act Implementing the Convention on
penalty is prescribed by statute, and the of 1995. International Trade in Endangered
Commission has no discretion in Congressional Review Act Species of Wild Fauna and Flora
determining the amount of the (CITES); Updates Following the
published adjustment. Accordingly, the The Congressional Review Act (CRA) Eighteenth Meeting of the Conference
Commission is issuing this revised requires that before a rule may take of the Parties (CoP18) to CITES
regulation as a final rule without notice effect, the agency promulgating the rule
and comment. must submit a rule report, which AGENCY: Fish and Wildlife Service,
Executive Order 12866 includes a copy of the rule, to each Interior.
House of the Congress and to the ACTION: Direct final rule.
Pursuant to Executive Order 12866, Comptroller General of the United
the EEOC has coordinated with the States. EEOC will submit a report SUMMARY: We, the U.S. Fish and
Office of Management and Budget containing this rule and other required Wildlife Service (FWS or Service), are
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10074 Federal Register/Vol. 87, No. 36/Wednesday, February 23, 2022/Rules and Regulations
taking direct final action to revise Palais des Nations, Avenue de la Paix 8– provisions enabling the CITES
` Secretariat in Switzerland to carry out
regulations that implement the 14, 1211 Geneve 10, Switzerland;
Convention on International Trade in telephone +41–(0)22–917–81–39/40; its functions, consider amendments to
Endangered Species of Wild Fauna and email info@cites.org. You may find this the lists of species in Appendices I and
Flora (CITES or Treaty or Convention) CITES IBR material on the CITES II, consider reports presented by the
by incorporating certain non- Secretariat’s website at https:// Secretariat and the permanent CITES
controversial provisions adopted at the www.cites.org/eng/resources/transport/ committees (Standing, Animals, and
sixteenth through eighteenth meetings index.php and on our website at https:// Plants Committees), and make
of the Conference of the Parties (CoP16– www.fws.gov/international/travel-and- recommendations for the improved
CoP18) to CITES and clarifying and trade/live-animal-transport.html. For effectiveness of CITES. Any country that
updating certain other provisions. These the International Air Transport is a Party to CITES may propose
changes will bring U.S. regulations in Association Live Animals Regulations amendments to Appendices I and II,
line with certain revisions adopted at and the International Air Transport resolutions, decisions, and other agenda
the three most recent meetings of the Association Perishable Cargo items for consideration by all of the
Conference of the Parties, which took Regulations incorporated by reference, Parties at the meetings.
place in March 2013 (CoP16), contact IATA, 800 Place Victoria, P.O. Section 8A of the Endangered Species
September–October 2016 (CoP17), and Box 113, Montreal, Canada H4Z 1M1; Act, as amended (16 U.S.C. 1531 et seq.)
August 2019 (CoP18). The revised telephone 1–800–716–6326. Interested (ESA), designates the Secretary of the
regulations will help us more effectively persons may purchase a copy of the IBR Interior as the U.S. Management
promote species conservation, help us IATA publications at: https:// Authority and U.S. Scientific Authority
continue to fulfill our responsibilities www.iata.org/publications. To view this for CITES. Section 8A further states that
under the Treaty, and help those IBR material at the Division of the respective functions of these
affected by CITES to understand how to Management Authority office (see authorities shall be carried out through
FOR the U.S. Fish and Wildlife Service.
conduct lawful international trade. FURTHER INFORMATION CONTACT), please
DATES: This rule is effective May 24, email us regarding the current status of II. Previous Federal Actions
2022 without further action, unless we our office facility at: The original U.S. regulations
receive significant adverse comment managementauthority@fws.gov. implementing CITES took effect on May
that provides strong justifications as to FORFURTHERINFORMATIONCONTACT: 23, 1977 (42 FR 10462, February 22,
why this rule should not be adopted or Pamela Hall Scruggs, Chief, Division of 1977), after the first CoP was held. We
why it should be changed by March 25, Management Authority, U.S. Fish and have since updated the regulations
2022. The incorporation by reference of Wildlife Service, 5275 Leesburg Pike, several times. U.S. CITES regulations
the material listed in this rule is MS: IA, Falls Church, VA 22041–3803; were most recently updated in May
approved by the Director of the Federal telephone 703–358–2095 or email: 2014 (79 FR 30400, May 27, 2014) and
Register as of May 24, 2022. If we managementauthority@fws.gov. contain applicable provisions adopted
receive significant adverse information SUPPLEMENTARYINFORMATION: at meetings of the Conference of the
that provides strong justifications I. Background Parties up to and including the fifteenth
regarding why this rule should not be meeting (CoP15), which took place in
adopted or why it should be changed, CITES was negotiated in 1973 in 2010.
we will publish a timely withdrawal of Washington, DC, at a conference III. This Rule
the rule in the Federal Register attended by delegations from 80
informing the public that the rule will countries. The United States ratified the As a Party to CITES, the United States
not take effect, in whole or in part. Treaty on September 13, 1973, and it has the responsibility under Article II(4)
ADDRESSES: entered into force on July 1, 1975, after of the Treaty to ensure that all trade is
Comment submission: You may it had been ratified by 10 countries. consistent with the Treaty. To ensure
submit comments regarding this direct Currently, 182 countries and the that U.S. businesses and individuals
final rule by one of the following European Union (EU) have ratified, understand the requirements for lawful
methods: accepted, approved, or acceded to international trade in CITES specimens,
• Electronically using the Federal CITES; these countries and the EU (a it is necessary for us to periodically
eRulemaking Portal: http:// regional economic integration update our CITES implementing
www.regulations.gov in Docket No. organization) are known as Parties. On regulations. With this direct final rule
FWS–HQ–IA–2020–0019 (the docket January 4, 2022, Andorra will become we are incorporating minor,
number for this rulemaking). the 184th Party to CITES. The noncontroversial updates to our
• U.S. mail: Public Comments Convention is an international treaty regulations to reflect certain technical
Processing, Attn: FWS–HQ–IA–2020– designed to control and regulate changes adopted by the CITES Parties
0019; U.S. Fish and Wildlife Service international trade in certain animal and during the sixteenth through eighteenth
Headquarters, MS: JAO/3W, 5275 plant species that are now or may meetings of the Conference of the
Leesburg Pike, Falls Church, VA 22041– become threatened with extinction and Parties to CITES (CoP16–CoP18) and
3803. may be affected by trade. These species clarifying and updating other
We will not accept email or faxes. are listed in Appendices to CITES, provisions. The revisions in this direct
Comments and materials we receive, as which are available on the CITES final rule bring U.S. regulations in line
well as supporting documentation, will Secretariat’s website at http:// with certain revisions adopted at these
be available for public inspection on www.cites.org/eng/app/index.php. The meetings of the Conference of the
http://www.regulations.gov. Convention calls for regular biennial Parties, which took place in March 2013
Supplementary materials: For the meetings of the Conference of the (CoP16), September–October 2016
CITES guidelines for the non-air Parties (CoP), unless the Conference of (CoP17), and August 2019 (CoP18). The
transport of live wild animals and the Parties decides otherwise. At these revised regulations will help us more
plants incorporated by reference (IBR) meetings, the Parties review the effectively promote species
in this rule, contact CITES Secretariat, implementation of CITES, make conservation, help us continue to fulfill
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Federal Register/Vol. 87, No. 36/Wednesday, February 23, 2022/Rules and Regulations 10075
our responsibilities under the Treaty, V. Changes to 50 CFR Part 23 Material used to produce plant
and help those affected by CITES Section 23.5 How are the terms used in specimens from assisted production
understand how to conduct lawful these regulations defined? systems can be derived from plant
international trade. material that is exempt from the
IV. Use of a Direct Final Rule Whenever possible we define terms provisions of the Convention, or derived
using the wording of the Treaty and the from artificially propagated plants, or
An agency uses direct final Resolutions. In this direct final rule, we derived from plants grown in an
rulemaking without prior proposal are amending §23.5 to include a environment with some level of human
when it anticipates that a rule will be definition of the term ‘‘assisted intervention, or derived from plant
noncontroversial. Examples include production.’’ We are making this materials collected sustainably from
minor substantive revisions to amendment together with our wild populations in accordance with the
regulations and direct incorporations of amendment of §23.24 to add a new provisions of CITES and relevant
mandates from new legislation. We are source code ‘‘Y’’ for assisted production national laws and in a manner not
publishing this rule without a prior plants. (See the preamble discussion for detrimental to the survival of the
proposal because these changes are §23.24.) species in the wild. Trade in assisted
noncontroversial actions that, in the The new term ‘‘assisted production’’ production plants (source code Y) will
was developed and adopted by the continue to require compliance with the
best interest of the regulated public, Parties for use with certain plant provisions of Articles III, IV, and V of
should be undertaken in as timely a specimens that do not fall within the the Convention, the same as for trade in
manner as possible. The Parties agreed definition of ‘‘artificially propagated’’ wild plants (source code W).
by consensus that these changes are and are not considered to be ‘‘wild’’ The Parties envisioned that Source
appropriate for the conservation of the because they are propagated or planted Code Y could be used as an
species and implementation of the in an environment with some level of intermediate source code under a
Treaty. As previously noted, as a Party human intervention for the purpose of number of different scenarios to fill a
to CITES, the United States has the plant production. The term is the result gap in the previously available source
responsibility under Article II(4) of the of extensive, substantive discussions at codes. These scenarios include
Treaty to ensure that all trade is the direction of the Conference of the situations in which: (1) Countries have
consistent with the Treaty, which Parties that resulted in developed plant production systems
includes aligning import, introduction recommendations by the Plants that clearly reduce pressure on wild-
from the sea, export, and re-export Committee (PC24; Geneva, 2018) and sourced plant material, but this
provisions as agreed by the Parties. the Standing Committee (SC70; Sochi, development is not reflected if the
Thus, we have good cause to find that 2018), to amend Resolution Conf. 12.3, Source Code W is used; (2) using Source
standard notice and public comment Permits and certificates, and Resolution Code W for plant material that comes
procedures would be unnecessary and Conf. 11.11, Regulation of trade in from managed production systems
contrary to the public interest. plants, to add the concept and reduces scientific accuracy and
The rule will be effective, as definition of ‘‘assisted production’’ and misrepresents the trade data; and (3)
published in this document, on the its associated new source code ‘‘Y’’ for identifying the source of species
effective date specified above in use on CITES documents. The United harvested outside their natural range
DATES, States was a member of the Plants does not fit logically under Source Code
unless we receive significant adverse Committee’s intersessional and in- W or Source Code A (for artificially
comments on or before the comment session working groups on this topic propagated plants). As noted above, the
due date specified in
DATES. Significant and the in-session Standing Committee Parties also confirmed that the new
adverse comments are comments that working group at SC70. The Source Code Y would continue to
provide strong justifications as to why recommendations were developed as a require compliance with the provisions
the rule should not be adopted or why result of the recognized need for an of Articles III, IV, and V of the
it should be changed. If we receive intermediate source code for Convention, including the making of
significant adverse comments, we will international trade in plant specimens. required non-detriment findings for
publish a notice in the Federal Register These recommended changes to Appendix–I and Appendix–II
withdrawing this rule before the Resolution Conf. 12.3 and Resolution specimens and required legal
effective date. Please note that if we Conf. 11.11, to establish an intermediate acquisition findings for Appendix–I,
receive adverse comment on an source code for international trade in Appendix–II, and Appendix–III
amendment, paragraph, or section of plant specimens that do not qualify as specimens; therefore, ensuring that
this rule and if that provision may be ‘‘artificially propagated’’ according to impact on the wild population and
severed from the remainder of the rule, CITES but are also not wild specimens, possible conservation concerns would
we may withdraw only that provision, were adopted by the Parties at CoP18 be considered. The United States also
and otherwise adopt as final those with support from the United States. believes that Source Code Y could be
provisions of the rule that are not the Under the newly revised Resolution used in cases where the best available
subject of an adverse comment. Conf. 11.11 (Rev. CoP18), ‘‘assisted information demonstrates that the
In the event that we do receive production’’ means plant specimens plants for export were not wild
significant adverse comments, we will that do not fulfill the definition of harvested, but the applicant cannot
engage in the normal rulemaking ‘‘artificially propagated’’ and are provide sufficient information to prove
process to promulgate changes to 50 considered not to be ‘‘wild’’ because that the plants were artificially
CFR part 23 as necessary. In addition, to they are propagated or planted in an propagated, as is generally the case in a
address other necessary changes to our environment with some level of human household move of personal plants
regulations as a result of the last three intervention for the purpose of plant purchased from a nursery or other
CoPs that are more complex than the production. We are implementing this retailer.
provisions in this rulemaking definition with nonsubstantive changes We are therefore amending our
document, we will soon publish a for clarity and for consistency with regulations to implement the new
proposed rule for public comment. language in our current regulations. definition of ‘‘assisted production’’
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10076 Federal Register/Vol. 87, No. 36/Wednesday, February 23, 2022/Rules and Regulations
adopted by the Parties together with our transport of live specimens. The IATA However, the COVID–19 pandemic may
amendment of §23.24 to add a new Live Animals Regulations (LAR), 40th affect when these materials are available
source code ‘‘Y’’ for assisted production edition, and Perishable Cargo for inspection. For information on the
plants. (See the preamble discussion for Regulations (PCR), 13th edition, are availability to view this material at the
§23.24.) This action fulfills the needs incorporated by reference into our Division of Management Authority
described above, as it will promote more regulations at §23.9. With this direct office, please email us regarding the
effective implementation of CITES for final rule, we update our regulations by current status of our office facility at:
plants, will more accurately reflect the incorporating by reference the 48th managementauthority@fws.gov. You
range of sources from which CITES- edition of the IATA LAR and the 21st may find the CITES IBR material on the
listed plants are derived, and will help edition of the PCR to replace the 40th CITES Secretariat’s website at https://
promote the conservation of CITES- and 13th editions, respectively, that are www.cites.org/eng/resources/transport/
listed plants. incorporated by reference in our current index.php and on our website at https://
Section 23.6 What are the roles of the regulations. www.fws.gov/international/travel-and-
Management and Scientific Authorities? At CoP16, the Parties adopted the trade/live-animal-transport.html.
CITES guidelines for the non-air Interested persons may purchase a copy
In this direct final rule, we amend the transport of wild animals and plants, of the IATA publications at: https://
table in §23.6, which lists the roles of recognizing that the non-air transport of www.iata.org/publications.
the U.S. Management and Scientific live specimens of certain species may Section 23.23 What information is
Authorities, to reflect the revisions to require transport conditions in addition required on U.S. and foreign CITES
Resolution Conf. 11.17 (Rev. CoP18), to or different from those in the IATA documents?
National reports, that were adopted at regulations (see the preamble discussion
CoP16. The revised Resolution includes for §23.23). In this direct final rule we This section details information that
a new recommendation that the CITES incorporate by reference (in §23.9) the must be included on CITES documents.
biennial report, required under Article CITES guidelines for the non-air To authorize export and re-export of
VIII, paragraph 7(b) of the Treaty, be transport of live wild animals and living specimens, Articles III, IV, V, and
submitted 1 year before each meeting of plants as the standard for the non-air VII of the Convention require the
the Conference of the Parties, instead of transport of certain CITES-listed Management Authority to be satisfied
every 2 years, and that the name of the animals and plants. the living specimens will be so prepared
report therefore be changed from In accordance with requirements of 1 and shipped as to minimize the risk of
‘‘biennial report’’ to ‘‘report required CFR 51.5, we are finalizing the injury, damage to health, or cruel
under the provisions of Article VIII, incorporation by reference of the CITES treatment. Additionally, under Article
paragraph 7(b).’’ We change ‘‘biennial guidelines for the non-air transport of VIII of the Convention, Parties are
reports’’ in §23.6(g) to ‘‘periodic Article live wild animals and plants, the 48th required to ensure that all living
VIII, paragraph 7(b) reports’’ to reflect edition of the IATA Live Animals specimens, during any period of transit,
this new recommendation. This Regulations (LAR), and the 21st edition holding, and shipment, are properly
paragraph states that it is a role of the of the IATA Perishable Cargo cared for so as to minimize the risk of
U.S. Management Authority to produce Regulations (PCR). The LAR establishes injury, damage to health, or cruel
such reports. regulations for air transportation of all treatment. To meet these obligations, we
Section 23.7 What office do I contact animals including CITES-listed species. currently require that CITES export and
for CITES information? The IATA PCR establishes regulations re-export documents for live specimens
for air transportation of perishable, contain a specific condition that the
This section contains contact including all plants and those species document is valid only if the transport
information for offices involved in that are CITES-listed. The CITES complies with certain humane-transport
CITES implementation in the United guidelines for the non-air transport of standards and require that shipments
States and for the CITES Secretariat. In live wild animals and plants establishes containing live CITES specimens
this direct final rule we update the regulations for the non-air transport of comply with these standards. At CoP14,
information in paragraph (f) regarding CITES-listed animals and plants for the Parties agreed to promote the full
guidelines currently available on the those species that have methods and effective use of the International Air
Secretariat’s website for humane different than, or in addition to, the Transport Association (IATA) Live
transport of CITES specimens. (See the methods prescribed by the LAR or PCR. Animals Regulations (LAR) (for animals)
preamble discussion for §23.23.) The regulations and standards provided and Perishable Cargo Regulations (PCR)
Section 23.9 Incorporation by by these three references for the safe and (for plants) as the standards for the
Reference humane transport of all animals and preparation and transport of live
plants must be complied with for the specimens. These IATA documents are
In this direct final rule, we are legal international transport of all incorporated by reference into our
finalizing regulatory text that includes CITES-listed animals and plants. We regulations at §23.9.
incorporation by reference. We update the references to humane At CoP16, the Parties adopted the
currently require that CITES export and transport requirements elsewhere in CITES guidelines for the non-air
re-export documents for live specimens part 23 (§§23.7, 23.23, 23.26, and 23.56) transport of wild animals and plants.
contain a specific condition that the to reflect these changes. Copies of the These new guidelines were developed
document is valid only if the transport materials incorporated by reference by a joint Animals Committee/Plants
complies with certain humane-transport normally may be inspected by Committee working group (under
standards. At CoP14, the Parties agreed appointment, between 8 a.m. and 4 Decision 15.59) recognizing that the
to promote the full and effective use of p.m., Monday through Friday, except non-air transport of live specimens of
the International Air Transport Federal holidays, at: U.S. Fish and certain species may require transport
Association (IATA) Live Animals Wildlife Service Headquarters, Division conditions in addition to or different
Regulations (for animals) and Perishable of Management Authority, 5275 from those in the IATA regulations. The
Cargo Regulations (for plants) as the Leesburg Pike, Falls Church, VA 22041– United States participated in the
standards for the preparation and 3803; telephone 703–358–2095. working group and supported the
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