[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]



 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 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