[Federal Register Volume 61, Number 68 (Monday, April 8, 1996)]
[Rules and Regulations]
[Pages 15365-15371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8621]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 61, No. 68 / Monday, April 8, 1996 / Rules 
and Regulations  

[[Page 15365]]


DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 353 and 354

[Docket No. 90-117-3]
RIN 0579-AA54


Export Certificates

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are revising the ``Phytosanitary Export Certification'' 
regulations, which concern inspection and phytosanitary certification 
of plants and plant products offered for export.
    The changes we are making will: 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 will facilitate the export of American agricultural 
products by providing additional types of certifications and ensuring 
that a sufficient number of qualified individuals are available to 
carry out Federal certification activities. We are also making minor 
editorial changes to our user fee regulations for imports and exports.

EFFECTIVE DATE: May 8, 1996.

FOR FURTHER INFORMATION CONTACT: Mr. Narcy Klag, Senior Operations 
Officer, Port Operations, PPQ, APHIS, 4700 River Road Unit 139, 
Riverdale, Maryland 20737-1236; (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.
    On August 16, 1995, we published in the Federal Register (60 FR 
42472-42479, Docket No. 90-117-1) a proposal to amend the 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.

Comments and Responses

    We solicited comments concerning our proposal for 30 days ending 
September 15, 1995. We reopened and extended the deadline for comments 
until October 16, 1995, in a document published in the Federal Register 
on September 18, 1995 (Docket No. 90-117-2, 60 FR 48056). We received 
14 comments by that date. They were from producers, exporters, 
researchers, and representatives of State and foreign governments. They 
are discussed below by topic.

Training of Agents

    Several commenters suggested that the Animal and Plant Health 
Inspection Service (APHIS) should take more responsibility for 
providing, funding, and ensuring the quality of the annual training 
required of agents by proposed Sec. 353.6(a)(2)(iii). They felt it was 
an unwarranted strain on State resources to provide training for agents 
engaged primarily in activities connected with the issuance of Federal 
export certificates. Some also felt that APHIS should establish 
standards for this training to ensure that agents trained in all States 
have the necessary skills to perform their duties.
    APHIS intends to provide some assistance to States including 
technical expertise and assistance in developing training materials 
with respect to the training of agents; however, the extent of 
assistance will vary from year to year. While providing training is no 
doubt a strain on some States' resources, we believe that the benefits 
of the Cooperative Phytosanitary Export Certification Program (the 
program) will outweigh its costs for most or all States. States may 
withdraw from the voluntary program if they find this is not the case. 
Because participation is voluntary, requirements of the program do not 
constitute an unfunded Federal mandate.
    Regarding standards for the content of agent training courses, the 
proposal specified the standard course requirements we consider 
necessary for agents. Section 353.6(a)(3) states that 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. We cannot provide more detailed training guidance 
because of the wide variation between States with regard to crops and 
pests of concern and State regulatory agency procedures. We believe the 
proposed paragraph will ensure that agents receive training in the 
necessary skills, without being unnecessarily restrictive.
    One commenter suggested that the training requirement for agents 
should specify that they should successfully complete the training, not 
just receive the training. We agree, and are changing Sec. 353.6(a)(3) 
to incorporate this suggestion.

Allowing State Employees Who Are Not Agents to Perform Field 
Inspections

    Regarding the use of trained and authorized agents to perform 
phytosanitary field inspections as the

[[Page 15366]]
basis for certification, one commenter questioned whether employees of 
State plant protection agencies who are not agents could perform this 
work, under the supervision of an inspector. The commenter stated that 
this approach would be more acceptable because most field inspections 
are done by seasonal employees, such as college students who have not 
yet completed the education or experience requirements to be agents.
    The commenter believed that while such employees might not be able 
to be certified as agents under the regulations, they could undergo the 
annual training required for agents and could successfully perform 
field inspections under the supervision of inspectors.
    This comment distinguishes between field inspections which are 
performed by official employees of a State agency, and inspections 
performed by agents in general (e.g., agents employed by private 
businesses).
    We agree that properly trained and supervised State plant 
protection agency employees could effectively perform field 
inspections, even if they do not have all the qualifications necessary 
to be designated as agents. State agencies have employed students to do 
this type of work for many years, with good results. We believe that 
State agencies, through long experience, have developed the management 
controls, degree of supervision, and training programs that allow them 
to use temporary or seasonal employees effectively in support of 
regulatory programs.
    Therefore we are changing the first sentence of Sec. 353.6 to 
permit agents, inspectors, or employees of a State plant regulatory 
agency who are authorized by the agency to perform field inspections. 
Authorized State employees are required to successfully complete annual 
training provided by the State plant regulatory agency in accordance 
with paragraph (a)(2)(iii) of Sec. 353.6. Employees of a State plant 
protection agency who are not agents may perform field inspections only 
under the supervision of an inspector.
    This change in response to comments will allow the effective use of 
State employees in conducting field inspections, while ensuring these 
employees have the training and supervision to conduct proper 
inspections. Regarding field inspections performed by persons other 
than State plant protection agency employees, this final rule continues 
to require that only agents may perform field inspections. We 
established the training and experience standards for agents precisely 
to prevent the use of employees whose skills are undetermined, and who 
are not bound by the well-established management controls of State 
agencies, from performing field inspections. We believe that private 
agents must possess the skills and experience described in this rule if 
the program is to operate successfully and be accepted with confidence.

Enforcement and Penalties

    Two commenters suggested that a significant number of industry-
issued certificates (non-phytosanitary certificates issued by a company 
or industry association under Sec. 353.7(d)) might be inaccurate or 
fraudulent, unless there is close monitoring and visible enforcement of 
the regulatory requirements.
    APHIS acknowledges the possibility that some inaccurate or 
fraudulent certificates may be issued by industry. However, as one 
commenter pointed out, it is in the long-term best interest of the 
exporting industries to issue certificates accurately. The threat of 
loss of business, if an inaccurate or fraudulent certificate is 
discovered, is an effective deterrent.
    In addition, APHIS intends to monitor the accuracy of industry-
issued certificates, and to investigate reports of inaccurate or 
fraudulent certificates. Foreign plant protection services routinely 
report to APHIS inaccurate information found in certificates. APHIS can 
immediately terminate an agreement, and therefore, the authority of a 
company to issue certificates, upon a determination that articles were 
moved in violation of the regulations or any provision of the required 
agreement. If an agreement has been withdrawn, the individual or 
company representative cannot obtain a new agreement to issue 
certificates for at least 12 months, in accordance with 
Sec. 353.7(d)(2).
    Loss of business and the possible withdrawal of authority to issue 
certificates are therefore two strong motivations for companies to 
comply with the regulations. In addition, civil and criminal penalties 
may apply for willful violation of the regulations. For example, 18 
U.S.C. 1001 provides that anyone who makes false, fictitious, or 
fraudulent statements or representations regarding a matter within the 
jurisdiction of a Federal agency is subject to a fine of up to $10,000, 
imprisonment for up to five years, or both.
    Several commenters stated that the major part of the expense and 
the enforcement burden for this program seems to fall upon the States, 
because their inspectors and agents will be delivering most of the 
front-line services. Commenters especially noted the responsibilities 
of States to coordinate use of agents and to use State inspectors to 
issue phytosanitary certificates.
    We believe that States will play an important role in providing 
services, ensuring the integrity of the program, and identifying 
possible violations. It is expected that for most States, the benefits 
of participating in this program will outweigh the costs. If a State 
finds this is not the case, the State may withdraw from this voluntary 
program. In addition to the States, the involved industries, foreign 
plant protection services, and APHIS also play important roles in 
sharing information and conducting enforcement activities. In the long 
run, APHIS hopes to work with States and industry to establish a level 
of cooperation and compliance in this program that does not require a 
heavy investment, State or Federal, in traditional enforcement 
activities. This program will not succeed if compliance depends mainly 
on continuing strict monitoring and enforcement activities; it will 
only succeed if a majority of the governments, organizations, and 
companies involved all perceive continuing benefits in complying with 
program standards.

Allowing Only One Certificate To Be Issued for Each Consignment

    Two commenters suggested changing proposed Sec. 353.5(c), which 
states that only one certificate for any consignment shall be issued. 
These commenters believe that this provision could cause problems for 
both inspectors and exporters because large consignments are sometimes 
broken up and shipped on separate vessels after the certificate is 
issued. For example, an inspector might issue one certificate for a 
consignment which is then shipped in multiple railcars to an ocean 
port, where the contents could be transferred to more than one ocean 
vessel for export. Under these circumstances, enough certificates are 
needed to accompany multiple vessels.
    We believe that issuing one certificate per consignment is an 
important part of our effort to reform and improve export 
certification. Limiting the number of certificates in circulation 
increases control over the authenticity and accuracy of the 
certificates, reduces the demand on APHIS and State resources, and in 
some instances saves the exporter the cost of obtaining multiple 
certificates. In addition, issuing one certificate per consignment is 
consistent with the International Plant Protection Convention standards 
for issuing

[[Page 15367]]
certificates and safeguarding their integrity.
    The program has enough operational flexibility to avoid the types 
of problems described in the commenters' examples. In the case 
described above, the shipment would actually constitute multiple 
consignments because the term ``consignment'' is defined as ``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.'' Therefore, multiple certificates could be 
issued. It is true that exporters would have to know the number of 
consignments involved in their transaction when they request the 
certificates, but we believe that most exporters possess this 
information as part of the normal business planning process. Also, if 
the exporter discovers when a shipment is being repacked, 
containerized, or loaded at a seaport that the shipment will be sent on 
multiple vessels, there will usually be enough time for the exporter to 
request any necessary replacement certificates from the inspector who 
issued the original certificate. The replacement certificates could be 
sent by express mail to the port of arrival where the certified 
shipment is destined. Therefore, we are not making any change based on 
this comment.

Definition of Phytosanitary Certificate

    One commenter noted that the revised definition of phytosanitary 
certificate states that the certificate will be issued based on 
inspection of the entire lot, which is not inconsistent with the 
current practice of inspecting a representative sample. We agree, and 
are changing the definition of phytosanitary certificate in Sec. 353.1 
and Sec. 354.3 to retain the sense of the language prior to the 
proposal, ``based on inspection of the entire lot or representative 
samples.'' For clarity, we are adding a description of who may draw 
representative samples. The revised definition of phytosanitary 
certificate states that the certificate will be issued ``based on 
inspection of the entire lot or representative samples drawn by a 
Federal or State employee authorized to conduct such sampling.''

Qualifying Experience for Inspectors

    One commenter pointed out that Sec. 353.6(b)(2)(i) stated that 
inspectors must have experience in State or county regulatory 
activities. This commenter suggested that experience in Federal 
regulatory activities should also qualify.
    We agree, and are changing the regulation to include experience in 
Federal regulatory activities as qualifying experience.

Participation by Puerto Rico

    One commenter asked whether the Commonwealth of Puerto Rico would 
be eligible to participate in the Cooperative Phytosanitary Export 
Certification Program. The answer is yes; the Commonwealth is 
considered a State under the definition employed in this rule.

Other Comments

    Several commenters submitted comments and suggestions outside the 
scope of the current rulemaking. We are evaluating these comments in 
the context of possible rulemaking on other subjects in the future.
    One commenter seemed to misunderstand the relationship of 
phytosanitary certification, which is for plants or plant products, and 
the export certificate for processed plant products, which is not a 
phytosanitary certificate. This commenter seemed to think that the 
export certificate was a certification of the quality and consistency 
of the processed product, similar to the marketing standards 
documentation issued by the Agricultural Marketing Service. Since this 
comment did not address issues raised in the proposal, no changes were 
made in response to this comment.
    Therefore, based on the rationale set forth in the proposed rule 
and in this document, we are adopting the provisions of the proposal as 
a final rule with the changes discussed in this document.

Review of Existing Regulations

    This final rule is part of the cyclical review of Part 353--
Phytosanitary Export Certification, to meet regulatory review 
requirements and in support of the President's Regulatory Reinvention 
Initiative. 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 rule has been reviewed under Executive Order 12866. The 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 changes to the requirements for qualifying as an inspector, and 
the change allowing additional individuals to perform phytosanitary 
field inspections, will have no measurable financial impact on those 
entities involved in exporting plants and plant products. The changes 
will help ensure that sufficient qualified personnel are available to 
perform inspections.
    In addition, allowing 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 this rule, ``agents'' can perform a single inspection for both 
purposes. Large commercial seed companies will be the primary 
beneficiaries of this change because their crops would be inspected in 
a more efficient manner and will avoid the double inspection described 
above.
    This rule is not expected to significantly increase the number of 
certificates for reexport issued by APHIS. APHIS currently issues 
approximately 9,000 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) will 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 1,000 industry-issued certificates and 
inspector-issued export certificates specifically for processed plant 
products.
    Exporters will 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 will 
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

[[Page 15368]]
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 rule has been reviewed under Executive Order 12778, Civil 
Justice Reform. This rule: (1) Preempts all State and local laws and 
regulations that are inconsistent with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection or 
recordkeeping requirements included in this final rule have been 
approved by the Office of Management and Budget (OMB). The assigned OMB 
control number is 0579-0052. Unfunded Mandate Reform Act of 1995.
    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub. 
L. 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, 
APHIS generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal 
mandates'' that may result in expenditures to State, local, or tribal 
governments, in the aggregate, or to the private sector, of $100 
million or more in any one year. When such a statement is needed for a 
rule, section 205 of the UMRA generally requires APHIS to identify and 
consider a reasonable number of regulatory alternatives and adopt the 
least costly, more cost-effective or least burdensome alternative that 
achieves the objectives of the rule.
    This rule contains no Federal mandates (under the regulatory 
provisions of Title II of the UMRA) that may result in expenditures to 
State local, and tribal governments, in the aggregate, or to the 
private sector, of $100 million or more in any one year. Thus, this 
rule is not subject to the requirements of sections 202 and 205 of the 
UMRA.

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 are amended as follows:
    1. Part 353 is 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 2.22, 2.80, 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 or representative samples drawn by a Federal or State 
employee authorized to conduct such sampling.
    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.

[[Page 15369]]



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     CT, ME, MA, NH, RI, VT, NY, 
 South Lenola Road, Moorestown, NJ 08057.    NJ, PA, MD, DE, VA, WI, MN,
                                             IL, IN, OH, MI, WV.        
Southeastern, 3505 25th Avenue, Building    FL, AL, GA, KY, MS, TN, NC, 
 1, North, Gulfport, MS 39501.               SC, PR, US VI.             
Central, 3505 Boca Chica Blvd., Suite 360,  TX, OK, NE, AR, KS, LA, IA, 
 Brownsville, TX 78521-4065.                 MO, ND, SD.                
Western, 9580 Micron Avenue, Suite I,       HI, CA, CO, ID, MT, UT, WY, 
 Sacramento, CA 95827.                       WA, OR, 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.

    Plants 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, by inspectors, or by 
employees of a State plant protection agency who are authorized by the 
agency to perform field inspections in accordance with this part and 
who have successfully completed training in accordance with paragraph 
(a)(2)(iii) of this section. Employees of a State plant protection 
agency who are not agents may perform field inspections only under the 
supervision of an inspector.
    (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.

    (iii) Successfully complete 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

[[Page 15370]]
approved by the State plant regulatory agency.
    (iv) Have access to Federal or State laboratories for the positive 
identification of plants pests detected.
    (3) 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 Federal, 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 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

[[Page 15371]]
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 continues to read as 
follows:

    Authority: 7 U.S.C. 2260; 21 U.S.C. 136 and 136a; 49 U.S.C. 
1741; 7 CFR 2.22, 2.80, and 371.2(c).

    3. In Sec. 354.3, paragraph (a), the definitions for Designated 
State inspector and Processed product certificate are removed; new 
definitions for Designated State or county inspector and Export 
certificate for processed plant products are added in alphabetical 
order; the definitions for Phytosanitary certificate and Phytosanitary 
certificate for reexport are revised, and paragraph (g)(2) is 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 or representative samples drawn by a Federal or State 
employee authorized to conduct such sampling.
    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 2nd day of April 1996.
Lonnie J. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-8621 Filed 4-5-96; 8:45 am]
BILLING CODE 3410-34-P