[Federal Register Volume 60, Number 158 (Wednesday, August 16, 1995)]
[Proposed Rules]
[Pages 42472-42479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-20227]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 60, No. 158 / Wednesday, August 16, 1995 /
Proposed Rules
[[Page 42472]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Parts 353 and 354
[Docket No. 90-117-1]
RIN 0579-AA54
Export Certificates
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to revise completely the ``Phytosanitary
Export Certification'' regulations, which concern inspection and
phytosanitary certification of plants and plant products offered for
export.
We propose to: Revise the requirements for qualifying as an
inspector; allow persons other than inspectors, to be known as
``agents,'' to perform phytosanitary field inspections; provide for use
of a form specifically for certification of processed plant products
offered for export; provide for phytosanitary certification of plants
and plant products that are offered for reexport from the United States
after having been legally imported into the United States; provide for
industry-issued certification of certain plant products under terms of
an agreement between the industry and the Animal and Plant Health
Inspection Service; and specify that we will issue only one certificate
for any export consignment.
These actions would facilitate the export of American agricultural
products by ensuring that a sufficient number of qualified individuals
are available to carry out Federal certification activities and by
providing for additional types of certifications.
We also propose to make minor editorial changes in our user fee
regulations for consistency with the proposed changes to the
``Phytosanitary Export Certification'' regulations.
DATES: Consideration will be given only to comments received on or
before September 15, 1995.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 90-117-1, Animal and Plant Health Inspection Service, Policy
and Program Development, Regulatory Analysis and Development, 4700
River Road Unit 118, Riverdale, MD 20737-1228. Please state that your
comments refer to Docket No. 90-117-1. Comments received may be
inspected at USDA, room 1141, South Building, 14th Street and
Independence Avenue SW., Washington, DC, between 8 a.m. and 4:30 p.m.,
Monday through Friday, except holidays. Persons wishing to inspect
comments are requested to call ahead on (202) 690-2817 to facilitate
entry into the comment reading room.
FOR FURTHER INFORMATION CONTACT: Mr. Leonard M. Crawford, Senior
Operations Officer, Animal and Plant Health Inspection Service, Plant
Protection and Quarantine, Port Operations, 4700 River Road Unit 139,
Riverdale, Maryland 20737-1228; (301) 734-8537.
SUPPLEMENTARY INFORMATION:
Background
The Phytosanitary Export Certification regulations, contained in 7
CFR part 353 (referred to below as the regulations), set forth
procedures for obtaining phytosanitary certificates for domestic plants
and plant products offered for export. We are proposing to amend these
regulations to: (1) Revise the requirements for qualifying as an
inspector; (2) allow persons other than inspectors to perform
phytosanitary field inspections; (3) provide for use of a form
specifically for certification of processed plant products offered for
export; (4) provide for phytosanitary certification of plants and plant
products that are offered for reexport from the United States after
having been legally imported into the United States; (5) provide for
industry-issued certification of certain plant products under terms of
an agreement between the industry and the Animal and Plant Health
Inspection Service; and (6) specify that we will issue only one
certificate for any export consignment.
Inspectors
Under section 102(e) of the Organic Act of 1944 (7 U.S.C. 147a(e)),
the Animal and Plant Health Inspection Service (APHIS) provides
phytosanitary certification of plants and plant products other than
manufactured or processed products as a service to exporters. After
assessing the phytosanitary condition of the plants or plant products
intended for export, relative to the receiving country's regulations,
an inspector issues an internationally recognized phytosanitary
certificate (PPQ Form 577), if warranted.
Since 1975, APHIS has participated with State governments in a
Cooperative Phytosanitary Export Certification Program (the program),
which allows certain State officials, as well as APHIS officials, to
issue phytosanitary certificates. Because the number of Federal
inspectors is limited, the use of State inspectors is a considerable
service to exporters of plants and plant products, in terms of both
time and convenience.
To ensure that all inspectors meet certain minimum qualifications,
our regulations contain requirements that must be met by State plant
regulatory officials before they can be designated by the Secretary of
Agriculture to issue phytosanitary certificates under the program.
Currently, the regulations at Sec. 353.1(b)(4) require that a State
plant regulatory official, to be eligible for designation as an
inspector, must have a bachelor's degree in the biological sciences, a
minimum of 2 years' experience in State plant regulatory activities,
and a minimum of 2 years' experience in recognizing and identifying
domestic plant pests known to occur within the cooperating State. Six
years' experience in State plant regulatory activities may be
substituted for the degree requirement.
The National Plant Board, an organization made up of State plant
regulatory officials, suggested that APHIS requirements for a State
official to be designated as an inspector are too stringent. A joint
Federal-State committee was formed to study the issue. The committee
agreed that the above requirements may be unnecessarily stringent, and
that a modification of these requirements would assist State plant
regulatory agencies in recruiting adequate numbers of individuals for
the position of inspector while still ensuring that the individuals
selected for the position had
[[Page 42473]]
the necessary skills. It was also suggested that the regulations should
be amended to allow county officials to be eligible for designation as
an inspector as well. Leaving the requirements unchanged could
eventually result in a shortage of qualified inspectors, which would in
turn impair APHIS's ability to provide competent, expeditious
phytosanitary certification of American agricultural products.
We are therefore proposing to revise the definition of
``Inspector'' at current Sec. 353.1(b)(4) to allow a county plant
regulatory official to be eligible for designation as an inspector
under the program. We are proposing to amend current Sec. 353.6 by
adding eligibility requirements. We would require that State or county
plant regulatory officials, to be eligible for designation as an
inspector, must have a bachelor's degree in the biological sciences,
and a minimum of 1 year's experience in State or county plant
regulatory activities, or a combination of higher education in the
biological sciences and experience in State plant regulatory
activities, as follows:
0 years education and 5 years experience;
1 year education and 4 years experience;
2 years education and 3 years experience;
3 years education and 2 years experience; or
4 years education and 1 year experience.
The years of education and experience do not have to be acquired
consecutively. In addition, candidates would be required to
successfully complete the APHIS training course on phytosanitary
certification prior to their designation as inspectors. Successful
completion would be indicated by receipt of a passing grade. The
training course would have the same content as the course required of
new APHIS Plant Protection and Quarantine officers.
Based on our experience with administering the program, we believe
that the above combination of education and experience would be
adequate to ensure that inspectors are fully qualified to ascertain the
phytosanitary condition of plants or plant products they certify for
export. No inspectors would inspect any plants or plant products in
which they or a member of their family are directly or indirectly
financially interested. In this instance, a family consists of the
spouse of the inspector or agent, and their parents, their children,
and first cousins.
We are also proposing to revise the description of the
certification process in current Sec. 353.7(d) by adding a reference to
county agencies. Persons authorized to conduct field inspections of
seed crops
The regulations at current Sec. 353.7(d) allow inspectors to issue
phytosanitary certificates based on inspections made by cooperating
Federal and State agencies. We are proposing to authorize certain other
persons to perform phytosanitary inspections of seed crops in the field
that will serve as the basis for an inspector to issue a phytosanitary
certificate.
Increasingly stringent foreign regulations and shrinking Federal
and State budgets have placed increasing demands on a dwindling pool of
available inspection personnel, thus making it very difficult to
perform necessary phytosanitary field inspections. APHIS and its
cooperating State plant regulatory agencies have been searching for
alternative ways of satisfying the demand for phytosanitary field
inspections to meet the requirements of foreign importers. It was
suggested by the National Plant Board that it would be extremely
helpful, subject of course to appropriate conditions, to be able to
draw on the services of other qualified individuals, such as members of
an official seed certifying agency like the Association of Official
Seed Certifying Agencies (AOSCA), to perform the field inspections of
seed crops as a component of the phytosanitary certification process in
the United States. The authorization of such qualified individuals to
conduct phytosanitary field inspections of seed crops would help ensure
that sufficient personnel are available to conduct these inspections.
We are, therefore, proposing to authorize individuals who possess
specified qualifications to conduct field inspections of seed crops
that are required for phytosanitary certification. These persons would
be designated by APHIS as authorized ``agents.'' Agents would conduct
phytosanitary field inspections of seed crops in cooperation with and
on behalf of those State plant regulatory agencies which elect to use
agents and which maintain an appropriate Memorandum of Understanding
(MOU) with APHIS. The MOU would provide that the State plant regulatory
agencies would use agents to conduct inspections in accordance with the
regulations. Field inspections conducted by agents would be monitored
by State plant regulatory and/or APHIS personnel through on-site
observation of the agents' activities and review of agents' records
relating to these activities. Agents would not be authorized to issue
phytosanitary certificates, but would only be authorized to conduct the
actual field inspections of seed crops necessary for determining
phytosanitary condition prior to the issuance of a phytosanitary
certificate for the crops.
The regulations at current Sec. 353.1(b) would be amended by adding
a definition for ``agent,'' as follows: ``An individual who meets the
eligibility requirements set forth in Sec. 353.6, and who is designated
by the Animal and Plant Health Inspection Service to conduct
phytosanitary field inspections of seed crops to serve as a basis for
the issuance of phytosanitary certificates.''
Current Sec. 353.6 would be amended by adding eligibility
requirements for agents. To be eligible for the designation as agents,
individuals must have the ability to recognize, in the crops they are
responsible for inspecting, plant pests, including symptoms and/or
signs of disease-causing organisms of concern to importing countries.
An individual, in order to be designated as an agent, also would be
required to have a bachelor's degree in the biological sciences, and a
minimum of 1 year's experience in identifying plant pests endemic to
crops of commercial importance within the cooperating State, or a
combination of higher education in the biological sciences and
experience in identifying such plant pests, as follows:
0 years education and 5 years experience;
1 year education and 4 years experience;
2 years education and 3 years experience;
3 years education and 2 years experience; or
4 years education and 1 year experience.
The years of education and experience do not have to be acquired
consecutively. In addition, agents would be required to receive annual
training provided by the State plant regulatory agency. This required
training would include instruction in inspection procedures,
identification of plant pests of quarantine importance to importing
countries, methods of collection and submission of specimens (organisms
and/or plants or plant parts) for identification, and preparation and
submission of inspection report forms approved by the State plant
regulatory agency. Agents would have to have access to Federal or State
laboratories for the positive identification of plant pests detected.
Based on our experience with administering the Cooperative
Phytosanitary Export Certification Program, we believe that the above
combination of education and experience would be adequate to ensure
[[Page 42474]]
that individuals meeting the described qualifications would be fully
qualified to provide phytosanitary field inspection of seed crops. No
agents would inspect any plants or plant products in which they or a
member of their family are directly or indirectly financially
interested.
Export Certificate for Processed Plant Products
Foreign government agencies and foreign buyers frequently require a
``certificate'' for processed or manufactured plant products, such as
wooden furniture parts, plywood, or veneer, stating they are free from
injurious plant pests before permitting entry into their country. We
are proposing to provide for use of a certificate (PPQ Form 578, Export
Certificate for Processed Plant Products) specifically for the
certification of processed plant products offered for export. Processed
products are not eligible for a phytosanitary certificate. This export
certificate would be issued by an inspector, and would affirm that,
based on inspection of submitted samples and/or by virtue of the
processing received, the processed plant products described on the form
are believed to be free from injurious plant pests. The original
certificate would, immediately upon its issuance, be delivered or
mailed to the applicant or a person designated by the applicant. One
copy of each certificate would be filed in the office of inspection at
the port of certification. (As in the current regulations at 7 CFR Part
353, we would issue a phytosanitary certificate (PPQ Form 577) only for
unprocessed domestic plants and plant products.) This new certificate
for processed plant products is proposed in order to facilitate trade.
Phytosanitary Certificate for Reexport
Foreign origin plants and plant products that are legally imported
into the United States and subsequently offered for reexport may
require Federal certification in order to satisfy the phytosanitary
requirements of importing countries. We are proposing to provide for
the issuance of a phytosanitary certificate for reexport (PPQ Form
579). This reexport certificate would certify that, based on the
original foreign phytosanitary certificate and/or additional inspection
or treatment in the United States, the plants and plant products
conform to the current phytosanitary regulations of the importing
country and have not been subjected to the risk of infestation or
infection during storage in the United States. The reexport certificate
would be issued by an inspector. The original certificate would,
immediately upon its issuance, be delivered or mailed to the applicant
or a person designated by the applicant. One copy of each certificate
would be filed in the office of certification.
The reexport certificate would not be issued for plants and plant
products which transit the United States under Customs bond. These
commodities do not make Customs entry into U.S. commerce, which means
that our inspectors do not have the normal opportunities to inspect the
articles, check their paperwork, and determine whether they meet the
phytosanitary requirements of the final destination country. It would
take a major and uneconomical reorganization of our port of arrival
activities to give our inspectors the necessary access to articles and
paperwork associated with products which transit the United States
under Customs bond. Therefore, our policy is that we will not issue
phytosanitary certificates for reexportation for plants and plant
products which transit the United States under Customs bond.
Industry-Issued Certificate
There has been a demonstrated need in the United States (e.g., with
conifer lumber exported to Europe and Chile) for segments of the
agricultural and forestry industries to be able to issue industry
certification under the aegis of the Federal government, affirming that
a plant product meets some specific condition. This certification is
related to plant health but is less than full phytosanitary
certification. For example, some governments require a written
certification stating that a wood product exported from the United
States is free of bark and grub holes.
We propose to provide for industry-issued certification of certain
plant products under terms of a written agreement between the concerned
agricultural or forestry company or association and APHIS. Each
agreement would specify the articles subject to the agreement and the
measures necessary to prevent the introduction and dissemination of
specified plant pests into the foreign countries specified in the
agreement.
Industry-issued certification would be allowed only with the
industry-issued agreement in place. An agreement could be discontinued
at any time by request of either party, effective 15 days after one
party notifies the other in writing that it wishes to discontinue the
agreement. Violation of the terms of the agreement, or movement of
articles under the agreement in violation of APHIS regulations, would
result in immediate withdrawal of the agreement. Withdrawal of an
agreement could be appealed within 10 days following withdrawal, and a
hearing would be held to resolve any conflicts as to any material fact.
To encourage compliance and aid enforcement, no new agreement would be
signed with a party who has had an agreement withdrawn for 12 months
after the withdrawal.
The industry-issued certificate would affirm that a plant product
has been handled, processed, or inspected in a manner required by a
foreign government. APHIS and State regulatory officials would monitor
the industry to ensure compliance with the terms of the agreement.
Monitoring would be accomplished through on-site observation of
pertinent industry activities and review of industry records relating
to these activities.
Application for Certification
An exporter may sometimes file separate applications for different
portions of the same shipment, or consignment. An inspector then ends
up conducting multiple inspections of the same consignment and issuing
what amounts to duplicate certificates. To eliminate this duplicative
work and make better use of available inspectors, we propose to issue
only one certificate for any consignment. We propose to amend
Sec. 353.5 to stipulate that we will not accept more than one
application for any consignment, and that only one certificate will be
issued for any consignment. We also propose to amend the definition of
consignment currently at Sec. 353.1(b)(7) to indicate that a
consignment is a shipment of plants or plant products from one
exporter, to one consignee, in one country, on one means of conveyance;
or any mail shipment to one consignee. One consignment is entitled to
only one certificate.
Miscellaneous
We are proposing to remove all references to ``Deputy
Administrator,'' and to replace them with references to
``Administrator,'' and to remove certain references to ``Plant
Protection and Quarantine Programs,'' and to replace them with
references to ``Animal and Plant Health Inspection Service.'' We are
also proposing to remove the definition of ``Plant Protection and
Quarantine Programs,'' and to add definitions of ``Administrator'' and
``Animal and Plant Health Inspection Service.'' The current regulations
indicate that the Deputy Administrator, Plant Protection and
Quarantine, APHIS, is the official responsible for the
[[Page 42475]]
performance of all duties arising in the administration of the Act. We
are proposing to make the terminology changes noted above to indicate
that the primary authority and responsibility for various decisions
under these regulations belong to the Administrator of the agency.
We are proposing to add definitions for ``Family,'' ``Plant
pests,'' ``Plant products,'' ``Plants and plant products,'' and
``Representative of the concerned agricultural or forestry industry''
for clarity.
We are proposing to add a description of the purpose of the export
certification program in Sec. 353.2 to make it clear that APHIS does
not require export certificates, but issues them as a service to
exporters.
APHIS no longer has offices as listed in current Sec. 353.3(a).
Therefore, we are proposing to remove the list of area offices where
service is offered at Sec. 353.3(a) and to replace it with the four
APHIS regional offices which reflect the actual APHIS regional
structure. Information concerning the location of inspectors who may
issue certificates for plants and plant products may be obtained from
the regional offices.
Sometimes persons holding certificates request APHIS to issue new
certificates for a consignment, e.g., if the original certificates are
lost. Section 353.7(e) of the current regulations allows inspectors to
issue new certificates on the basis of inspections for previous
certifications when the previously issued certificates can be canceled
before they have been accepted by the phytopathological authorities of
the country of destination involved. We are retaining this provision
for phytosanitary certificates for domestic plants or unprocessed plant
products, because this provision allows inspectors to respond to
changing conditions in a flexible and economical manner with the least
disruption to commerce. We propose to add a similar provision for
export certificates for processed plant products, without including the
caveat that the previously issued certificates must be canceled before
they have been accepted by the phytopathological authorities of the
country of destination. Export certificates for processed plant
products are not phytosanitary certificates and are not intended for
presentation to the phytopathological authorities of foreign countries,
so this caveat would be inappropriate for export certificates for
processed plant products.
We are also making nonsubstantive editorial changes in the
regulations for clarity.
User Fee Regulations
At the same time we are making changes to 7 CFR 354.3 for
consistency. In order to provide for county plant regulatory officials
performing phytosanitary certification, we propose to remove the
definition of ``Designated State inspector'' and to replace it with a
definition of ``Designated State or county inspector.'' We propose to
amend the definitions of ``Phytosanitary certificate,'' ``Phytosanitary
certificate for reexport,'' and ``Processed product certificate'' for
consistency with definitions for these certificates in proposed
Sec. 353.1. Finally, we also propose to amend Sec. 354.3 to clarify
that, just as no APHIS user fee is charged for certificates issued by a
designated State inspector, no APHIS user fee will be charged for
certificates issued by a designated county inspector, although State or
county fees may be assessed.
Review of Existing Regulations
This proposed rule is part of the scheduled review of Part 353--
Phytosanitary Export Certification, to meet regulatory review
requirements. Executive Order 12866 and Departmental Regulation 1512-1
require that agencies initiate reviews of currently effective rules to
reduce regulatory burdens and minimize impacts on small entities.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
The proposed rule has been determined to be not significant for
purposes of Executive Order 12866 and, therefore, has not been reviewed
by the Office of Management and Budget.
Our proposed changes to the requirements for qualifying as an
inspector, and our proposal to allow additional individuals to perform
phytosanitary field inspections, would have no measurable financial
impact on those entities involved in exporting plants and plant
products. The changes would help ensure that sufficient qualified
personnel are available to perform inspections.
In addition, our proposal to allow use of additional individuals to
perform phytosanitary field inspections could result in a cost savings
to industry through reduced duplication of effort in field inspection
activities. Currently, seed certifying agencies inspect crops for
genetic purity. Inspectors make a separate inspection of the crops in
the field to determine their phytosanitary condition under part 353.
Under our proposal, ``agents'' could perform a single inspection for
both purposes. Large commercial seed companies would be the primary
beneficiaries of this proposed change because their crops would be
inspected in a more timely manner, thus making them available for the
marketplace sooner.
This proposal is not expected to significantly increase the number
of certificates for reexport issued by APHIS. APHIS currently issues
approximately 9000 certificates for reexport each year. We estimate
that approximately 10 percent (900) of these certificates are issued to
small businesses, based on the size and value of the shipments.
We anticipate that allowing industry-issued certificates, and
inspector-issued export certificates specifically for processed plant
products (PPQ Form 578) would benefit exporters, including small
businesses, by facilitating exportation of plants and plant products.
Most of the articles eligible for such certificates are exported by
larger businesses, and we estimate that each year small businesses will
probably be issued fewer than 1000 industry-issued certificates and
inspector-issued export certificates specifically for processed plant
products.
Exporters would be charged a user fee as stated in Sec. 354.3 upon
the issuance of commercial, private, and re-issued (voided and returned
certificates) export certificates, respectively. The justification for
and the analysis of the user fees can be found in the regulatory impact
analysis accompanying the final rule published on January 9, 1992 (57
FR 755-773, Docket No. 91-135).
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action would
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12778
This proposed rule has been reviewed under Executive Order 12778,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are inconsistent with this rule
will be preempted; (2) no retroactive effect will be given to this
rule; and (3) administrative proceedings will not be required before
parties may file suit in court challenging this rule.
[[Page 42476]]
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C.
3501 et seq.), the information collection or recordkeeping requirements
included in this proposed rule will be submitted for approval to the
Office of Management and Budget. Please send written comments to the
Office of Information and Regulatory Affairs, OMB, Attention: Desk
Officer for APHIS, Washington, DC 20503. Please send a copy of your
comments to: (1) Chief, Regulatory Analysis and Development, PPD,
APHIS, USDA, 4700 River Road Unit 118, Riverdale, MD 20737-1228, and
(2) Clearance Officer, OIRM, USDA, room 404-W, 14th Street and
Independence Avenue SW., Washington, DC 20250.
List of Subjects
7 CFR Part 353
Exports, Plant diseases and pests, Reporting and recordkeeping
requirements.
7 CFR Part 354
Exports, Government employees, Imports, Plant diseases and pests,
Quarantine, Reporting and recordkeeping requirements, Travel and
transportation expenses.
Accordingly, 7 CFR parts 353 and 354 would be amended as follows:
1. Part 353 would be revised to read as follows:
PART 353--EXPORT CERTIFICATION
Sec.
353.1 Definitions.
353.2 Purpose and administration.
353.3 Where service is offered.
353.4 Products covered.
353.5 Application for certification.
353.6 Inspection.
353.7 Certificates.
Authority: 7 U.S.C. 147a; 21 U.S.C. 136 and 136a; 44 U.S.C. 35;
7 CFR 2.17, 2.51, and 371.2(c).
Sec. 353.1 Definitions.
Administrator. The Administrator, Animal and Plant Health
Inspection Service, or any person authorized to act for the
Administrator.
Agent. An individual who meets the eligibility requirements set
forth in Sec. 353.6, and who is designated by the Animal and Plant
Health Inspection Service to conduct phytosanitary field inspections of
seed crops to serve as a basis for the issuance of phytosanitary
certificates.
Animal and Plant Health Inspection Service (APHIS). The Animal and
Plant Health Inspection Service of the U.S. Department of Agriculture.
Consignment. One shipment of plants or plant products, from one
exporter, to one consignee, in one country, on one means of conveyance;
or any mail shipment to one consignee.
Export certificate for processed plant products. A certificate (PPQ
Form 578) issued by an inspector, describing the plant health condition
of processed or manufactured plant products based on inspection of
submitted samples and/or by virtue of the processing received.
Family. An inspector or agent and his or her spouse, their parents,
children, and first cousins.
Industry-issued certificate. A certificate issued by a
representative of the concerned agricultural or forestry industry under
the terms of a written agreement with the Animal and Plant Health
Inspection Service, giving assurance that a plant product has been
handled, processed, or inspected in a manner required by a foreign
government.
Inspector. An employee of the Animal and Plant Health Inspection
Service, or a State or county plant regulatory official designated by
the Secretary of Agriculture to inspect and certify to shippers and
other interested parties, as to the phytosanitary condition of plant
products inspected under the Act.
Office of inspection. The office of an inspector of plants and
plant products covered by this part.
Phytosanitary certificate. A certificate (PPQ Form 577) issued by
an inspector, giving the phytosanitary condition of domestic plants or
unprocessed or unmanufactured plant products based on inspection of the
entire lot.
Phytosanitary certificate for reexport. A certificate (PPQ Form
579) issued by an inspector, giving the phytosanitary condition of
foreign plants and plant products legally imported into the United
States and subsequently offered for reexport. The certificate certifies
that, based on the original foreign phytosanitary certificate and/or
additional inspection or treatment in the United States, the plants and
plant products are considered to conform to the current phytosanitary
regulations of the receiving country and have not been subjected to the
risk of infestation or infection during storage in the United States.
Plants and plant products which transit the United States under Customs
bond are not eligible to receive the phytosanitary certificate for
reexport.
Plant pests. Any living stage of any insects, mites, nematodes,
slugs, snails, protozoa, or other invertebrate animals, bacteria,
fungi, other parasitic plants or reproductive parts thereof, viruses,
or any organisms similar to or allied with any of the foregoing, or any
infectious substances, which can directly or indirectly injure or cause
disease or damage in any plants or parts thereof, or other products of
plants.
Plant products. Products derived from nursery stock, other plants,
plant parts, roots, bulbs, seeds, fruits, nuts, and vegetables,
including manufactured or processed products.
Plants and plant products. Nursery stock, other plants, plant
parts, roots, bulbs, seeds, fruits, nuts, vegetables and other plant
products, including manufactured or processed products.
State. Any of the States of the United States, the District of
Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto
Rico, or the Virgin Islands of the United States.
The Act. The act of Congress entitled ``Department of Agriculture
Organic Act of 1944,'' approved September 21, 1944 (58 Stat. 735),
section 102.
Sec. 353.2 Purpose and administration.
The export certification program does not require certification of
any exports, but does provide certification of plants and plant
products as a service to exporters. After assessing the phytosanitary
condition of the plants or plant products intended for export, relative
to the receiving country's regulations, an inspector issues an
internationally recognized phytosanitary certificate (PPQ Form 577), a
phytosanitary certificate for reexport (PPQ Form 579), or an export
certificate for processed plant products (PPQ Form 578), if warranted.
APHIS also enters into written agreements with industry to allow the
issuance of industry-issued certificates giving assurance that a plant
product has been handled, processed, or inspected in a manner required
by a foreign government.
Sec. 353.3 Where service is offered.
(a) Information concerning the location of inspectors who may issue
certificates for plants and plant products may be obtained by
contacting one of the following regional offices:
------------------------------------------------------------------------
Region States
------------------------------------------------------------------------
Northeastern:
Blason II, 1st Floor, 505 South CT, ME, MA, NH, RI, VT, NY, NJ, PA,
Lenola Road, Moorestown, NJ 08057. MD, DE, VA, WI, MN, IL, IN, OH,
MI, WV.
Southeastern:
3505 25th Avenue, Building 1, FL, AL, GA, KY, MS, TN, NC, SC, PR,
North, Gulfport, MS 39501. US VI.
Central:
3505 Boca Chica Blvd., Suite 360, TX, OK, NE, AR, KS, LA, IA, MO, ND,
Brownsville, TX 78521-4065. SD.
[[Page 42477]]
Western:
9580 Micron Avenue, Suite I, HI, CA, CO, ID, MT, UT, WY, WA, OR,
Sacramento, CA 95827. NV, NM, AZ, AK.
------------------------------------------------------------------------
(b) Inspectors who may issue phytosanitary certificates for
terrestrial plants listed in 50 CFR part 17 or 23 are available only at
a port designated for export in 50 CFR part 24, or at a nondesignated
port if allowed by the U.S. Department of the Interior pursuant to
section 9 of the Endangered Species Act of 1973, as amended (16 U.S.C.
1538). The following locations are designated in 50 CFR part 24 as
ports for export of terrestrial plants listed in 50 CFR part 17 or 23:
(1) Any terrestrial plant listed in 50 CFR part 17 or 23:
Nogales, AZ
Los Angeles, CA
San Diego, CA
San Francisco, CA
Miami, FL
Orlando, FL
Honolulu, HI
New Orleans, LA
Hoboken, NJ (Port of New York)
Jamaica, NY
San Juan, PR
Brownsville, TX
El Paso, TX
Houston, TX
Laredo, TX
Seattle, WA
(2) Any plant of the family Orchidaceae (orchids) listed in 50 CFR
part 17 or 23:
Hilo, HI
Chicago, IL
(3) Roots of American ginseng (Panax quinquefolius) listed in 50
CFR 23.23:
Atlanta, GA
Chicago, IL
Baltimore, MD
St. Louis, MO
Milwaukee, WI
(4) Any plant listed in 50 CFR 17.12 or 23.23 and offered for
exportation to Canada:
Detroit, MI
Buffalo, NY
Rouses Point, NY
Blaine, WA
(5) Any logs and lumber from trees listed in 50 CFR 17.12 or 23.23:
Mobile, AL
Savannah, GA
Baltimore, MD
Gulfport, MS
Wilmington and Morehead City, NC
Portland, OR
Philadelphia, PA
Charleston, SC
Norfolk, VA
Vancouver, WA
(6) Plants of the species Dionaea muscipula (Venus flytrap):
Wilmington, NC
Sec. 353.4 Products covered.
Products and plant products when offered for export or re-export.
Sec. 353.5 Application for certification.
(a) To request the services of an inspector, a written application
(PPQ Form 572) shall be made as far in advance as possible, and shall
be filed in the office of inspection at the port of certification.
(b) Each application shall be deemed filed when delivered to the
proper office of inspection at the port of certification. When an
application is filed, a record showing the date and time of filing
shall be made in such office.
(c) Only one application for any consignment shall be accepted, and
only one certificate for any consignment shall be issued.
(Approved by the Office of Management and Budget under control
number 0579-0052)
Sec. 353.6 Inspection.
Inspections shall be performed by agents or inspectors.
(a) Agent. (1) Agents may conduct phytosanitary field inspections
of seed crops in cooperation with and on behalf of those State plant
regulatory agencies electing to use agents and maintaining a Memorandum
of Understanding with the Animal and Plant Health Inspection Service in
accordance with the regulations. The Memorandum of Understanding must
state that agents shall be used in accordance with the regulations in
this part. Agents are not authorized to issue Federal phytosanitary
certificates, but are only authorized to conduct the field inspections
of seed crops required as a basis for determining phytosanitary
condition prior to the issuance of a phytosanitary certificate for the
crops.
(2) To be eligible for designation as an agent, an individual must:
(i) Have the ability to recognize, in the crops he or she is
responsible for inspecting, plant pests, including symptoms and/or
signs of disease-causing organisms, of concern to importing countries.
(ii) Have a bachelor's degree in the biological sciences, and a
minimum of 1 year's experience in identifying plant pests endemic to
crops of commercial importance within the cooperating State, or a
combination of higher education in the biological sciences and
experience in identifying such plant pests, as follows:
0 years education and 5 years experience;
1 year education and 4 years experience;
2 years education and 3 years experience;
3 years education and 2 years experience; or
4 years education and 1 year experience.
The years of education and experience do not have to be acquired
consecutively.
(3) An agent must receive annual training provided by the State
plant regulatory agency. The required training must include instruction
in inspection procedures, identification of plant pests of quarantine
importance to importing countries, methods of collection and submission
of specimens (organisms and/or plants or plant parts) for
identification, and preparation and submission of inspection report
forms approved by the State plant regulatory agency.
(4) An agent must have access to Federal or State laboratories for
the positive identification of plants pests detected.
(5) No agents shall inspect any plants or plant products in which
they or a member of their family are directly or indirectly financially
interested.
(b) Inspector. (1) An employee of the Animal and Plant Health
Inspection Service, or a State or county regulatory official designated
by the Secretary of Agriculture to inspect and certify to shippers and
other interested parties, as to the phytosanitary condition of plants
and plant products inspected under the Act.
(2) To be eligible for designation as an inspector, a State or
county plant regulatory official must:
(i) Have a bachelor's degree in the biological sciences, and a
minimum of 1 year's experience in State or county plant regulatory
activities, or a combination of higher education in the biological
sciences and experience in State plant regulatory activities, as
follows:
0 years education and 5 years experience;
1 year education and 4 years experience;
2 years education and 3 years experience;
3 years education and 2 years experience; or
4 years education and 1 year experience.
The years of education and experience do not have to be acquired
consecutively.
(ii) Successfully complete, as indicated by receipt of a passing
grade, the Animal and Plant Health Inspection Service training course
on phytosanitary certification.
(3) No inspectors shall inspect any plants or plant products in
which they
[[Page 42478]]
or a member of their family are directly or indirectly financially
interested.
(c) Applicant responsibility. (1) When the services of an agent or
an inspector are requested, the applicant shall make the plant or plant
product accessible for inspection and identification and so place the
plant or plant product to permit physical inspection of the lot for
plant pests.
(2) The applicant must furnish all labor involved in the
inspection, including the moving, opening, and closing of containers.
(3) Certificates may be refused for failure to comply with any of
the foregoing provisions.
Sec. 353.7 Certificates.
(a) Phytosanitary certificate (PPQ Form 577). (1) For each
consignment of domestic plants or unprocessed plant products for which
certification is requested, the inspector shall sign and issue a
separate certificate based on the findings of the inspection.
(2) The original certificate shall immediately upon its issuance be
delivered or mailed to the applicant or a person designated by the
applicant.
(3) One copy of each certificate shall be filed in the office of
inspection at the port of certification, and one forwarded to the
Administrator.
(4) The Administrator may authorize inspectors to issue
certificates on the basis of inspections made by cooperating Federal,
State, and county agencies.
(5) Inspectors may issue new certificates on the basis of
inspections for previous certifications when the previously issued
certificates can be canceled before they have been accepted by the
phytopathological authorities of the country of destination involved.
(b) Export certificate for processed plant products (PPQ Form 578).
(1) For each consignment of processed plant products for which
certification is requested, the inspector shall sign and issue a
certificate based on the inspector's findings after inspecting
submitted samples and/or by virtue of processing received.
(2) The original certificate shall immediately upon its issuance be
delivered or mailed to the applicant or a person designated by the
applicant.
(3) One copy of each certificate shall be filed in the office of
inspection at the port of certification.
(4) The Administrator may authorize inspectors to issue
certificates on the basis of inspections made by cooperating Federal,
State, and county agencies.
(5) Inspectors may issue new certificates on the basis of
inspections/processing used for previous certifications.
(c) Phytosanitary certificate for reexport (PPQ Form 579). (1) For
each consignment of foreign origin plants or unprocessed plant products
for which certification is requested, the inspector shall sign and
issue a certificate based on the original foreign phytosanitary
certificate and/or additional inspection or treatment in the United
States after determining that the consignment conforms to the current
phytosanitary regulations of the receiving country and has not been
subjected to the risk of infestation or infection during storage in the
United States.
(2) The original certificate shall immediately upon its issuance be
delivered or mailed to the applicant or a person designated by the
applicant.
(3) One copy of each certificate shall be filed in the office of
inspection at the port of certification, and one forwarded to the
Administrator.
(4) The Administrator may authorize inspectors to issue
certificates on the basis of inspections made by cooperating Federal,
State, and county agencies.
(5) Inspectors may issue new certificates on the basis of
inspections for previous certifications when the previously issued
certificates can be canceled before they have been accepted by the
phytopathological authorities of the country of destination involved.
(d) Industry-issued certificate. A certificate issued under the
terms of a written agreement between the Animal and Plant Health
Inspection Service and an agricultural or forestry company or
association giving assurance that a plant product has been handled,
processed, or inspected in a manner required by a foreign government.
The certificate may be issued by the individual who signs the agreement
or his/her delegate.
(1) Contents of written agreement. In each written agreement, APHIS
shall agree to cooperate and coordinate with the signatory agricultural
or forestry company or association to facilitate the issuance of
industry-issued certificates and to monitor activities under the
agreement, and the concerned agricultural or forestry company or
association agrees to comply with the requirements of the agreement.
Each agreement shall specify the articles subject to the agreement and
any measures necessary to prevent the introduction and dissemination
into specified foreign countries of specified injurious plant pests.
These measures could include such treatments as refrigeration, heat
treatment, kiln drying, etc., and must include all necessary
preshipment inspections and subsequent sign-offs and product labeling
as identified by Plant Protection and Quarantine (PPQ), APHIS, based on
the import requirements of the foreign country.
(2) Termination of agreement. An agreement may be terminated by any
signatory to the agreement by giving written notice of termination to
the other party. The effective date of the termination will be 15 days
after the date of actual receipt of the written notice. Any agreement
may be immediately withdrawn by the Administrator if he or she
determines that articles covered by the agreement were moved in
violation of any requirement of this chapter or any provision of the
agreement. If the withdrawal is oral, the decision to withdraw the
agreement and the reasons for the withdrawal of the agreement shall be
confirmed in writing as promptly as circumstances permit. Withdrawal of
an agreement may be appealed in writing to the Administrator within 10
days after receipt of the written notification of the withdrawal. The
appeal shall state all of the facts and reasons upon which the
appellant relies to show that the agreement was wrongfully withdrawn.
The Administrator shall grant or deny the appeal, in writing, stating
the reasons for granting or denying the appeal as promptly as
circumstances permit. If there is a conflict as to any material fact
and the person from whom the agreement is withdrawn requests a hearing,
a hearing shall be held to resolve the conflict. Rules of practice
concerning the hearing shall be adopted by the Administrator. No
written agreement will be signed with an individual or a company
representative of the concerned agricultural or forestry company or
association who has had a written agreement withdrawn during the 12
months following such withdrawal, unless the withdrawn agreement was
reinstated upon appeal.
(Approved by the Office of Management and Budget under control
number 0579-0052)
PART 354--OVERTIME SERVICES RELATING TO IMPORTS AND EXPORTS; AND
USER FEES
2. The authority citation for part 354 would continue to read as
follows:
Authority: 7 U.S.C. 2260; 21 U.S.C. 136 and 136a; 49 U.S.C.
1741; 7 CFR 2.17, 2.51, and 371.2(c).
3. In Sec. 354.3, paragraph (a), the definition for Designated
State inspector would be removed and a new definition for Designated
State or county inspector would be added in alphabetical order, the
definitions for Phytosanitary
[[Page 42479]]
certificate and Phytosanitary certificate for reexport would be
revised, the definition for Processed product certificate would be
removed, and a new definition for Export certificate for processed
plant products would be added in alphabetical order, and paragraph
(g)(2) would be revised to read as follows:
Sec. 354.3 User fees for certain international services.
(a) * * *
* * * * *
Designated State or county inspector. A State or county plant
regulatory official designated by the Secretary of Agriculture to
inspect and certify to shippers and other interested parties, as to the
phytosanitary condition of plant products inspected under the
Department of Agriculture Organic Act of 1944.
Export certificate for processed plant products. A certificate (PPQ
Form 578) issued by an inspector, describing the plant health condition
of processed or manufactured plant products based on inspection of
submitted samples and/or by virtue of the processing received.
* * * * *
Phytosanitary certificate. A certificate (PPQ Form 577) issued by
an inspector, giving the phytosanitary condition of domestic plants or
unprocessed or unmanufactured plant products based on inspection of the
entire lot.
Phytosanitary certificate for reexport. A certificate (PPQ Form
579) issued by an inspector, giving the phytosanitary condition of
foreign plants and plant products legally imported into the United
States and subsequently offered for reexport. The certificate certifies
that, based on the original foreign phytosanitary certificate and/or
additional inspection or treatment in the United States, the plants and
plant products are considered to conform to the current phytosanitary
regulations of the receiving country and have not been subjected to the
risk of infestation or infection during storage in the United States.
Plants and plant products which transit the United States under Customs
bond are not eligible to receive the phytosanitary certificate for
reexport.
* * * * *
(g) * * *
(2) There is no APHIS user fee for a certificate issued by a
designated State or county inspector.
* * * * *
Done in Washington, DC, this 9th day of August 1995.
Lonnie J. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-20227 Filed 8-15-95; 8:45 am]
BILLING CODE 3410-34-P