[Federal Register Volume 64, Number 191 (Monday, October 4, 1999)]
[Notices]
[Pages 53657-53661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25722]


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 Notices
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
 and investigations, committee meetings, agency decisions and rulings, 
 delegations of authority, filing of petitions and applications and agency 
 statements of organization and functions are examples of documents 
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  Federal Register / Vol. 64, No. 191 / Monday, October 4, 1999 / 
Notices  

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service
[Docket No. 99-046-1]


International Sanitary and Phytosanitary Standard-Setting 
Activities

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice and solicitation of comments.

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SUMMARY: In accordance with legislation implementing the results of the 
Uruguay Round of negotiations under the General Agreement on Tariffs 
and Trade, we are informing the public of international standard-
setting activities of the Office International des Epizooties, the 
Secretariat of the International Plant Protection Convention, and the 
North American Plant Protection Organization, and we are soliciting 
public comment on the standards to be considered.

ADDRESSES: Please send your comment and three copies to: Docket No. 99-
046-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03, 
4700 River Road, Unit 118, Riverdale, MD 20737-1238.
    Please state that your comment refers to Docket No. 99-046-1.
    You may read any comments that we receive on this docket in our 
reading room. The reading room is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue, SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS rules, are available on the Internet at http://
www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Mr. John Greifer, Director, Trade 
Support Team, International Services, APHIS, room 1132, South Building, 
14th Street and Independence Avenue, SW., Washington, DC 20250; (202) 
720-7677; or e-mail: John.K.G[email protected].

SUPPLEMENTARY INFORMATION: The World Trade Organization (WTO) was 
established as the common international institutional framework for 
governing trade relations among its members in matters related to the 
Uruguay Round Agreements. The WTO is the successor organization to the 
General Agreement on Tariffs and Trade. U.S. membership in the WTO was 
approved by Congress when it enacted the Uruguay Round Agreements Act 
(Pub. L. 103-465), which was signed into law by the President on 
December 8, 1994. The WTO Agreements, which established the WTO, 
entered into force with respect to the United States on January 1, 
1995. The Uruguay Round Agreements Act amended title IV of the Trade 
Agreements Act of 1979 (19 U.S.C. 2531 et seq.). Section 491 of the 
Trade Agreement Act of 1979, as amended (19 U.S.C.2578), requires the 
President to designate an agency to be responsible for informing the 
public of the sanitary and phytosanitary (SPS) standard-setting 
activities of each international standard-setting organization. The 
designated agency must inform the public by publishing an annual notice 
in the Federal Register that provides the following information: (1) 
The SPS standards under consideration or planned for consideration by 
the international standard-setting organization; and (2) for each SPS 
standard specified, a description of the consideration or planned 
consideration of that standard, a statement of whether the United 
States is participating or plans to participate in the consideration of 
that standard, the agenda for U. S. participation, if any, and the 
agency responsible for representing the United States with respect to 
that standard.
    ``International standard'' is defined in 19 U.S.C.2578b as any 
standard, guideline, or recommendation: (1) Adopted by the Codex 
Alimentarius Commission (Codex) regarding food safety; (2) developed 
under the auspices of the Office International des Epizooties (OIE) 
regarding animal health and zoonoses; (3) developed under the auspices 
of the Secretariat of the International Plant Protection Convention 
(IPPC) in cooperation with the North American Plant Protection 
Organization (NAPPO) regarding plant health; or (4) established by or 
developed under any other international organization agreed to by the 
member countries of the North American Free Trade Agreement (NAFTA) or 
the member countries of the WTO.
    The President, pursuant to Proclamation No. 6780 of March 23, 1995 
(60 FR 15845), designated the Secretary of Agriculture as the official 
responsible for informing the public of the SPS standard-setting 
activities of Codex, OIE, IPPC, and NAPPO. This responsibility was 
delegated to United States Department of Agriculture's (USDA's) Food 
Safety and Inspection Service (FSIS) for Codex activities and Animal 
and Plant Health Inspection Service (APHIS) for OIE, IPPC, and NAPPO 
activities.
    FSIS is responsible for publishing an annual notice in the Federal 
Register to inform the public of SPS standard-setting activities for 
Codex. Codex was created in 1962 by two United Nations organizations, 
the Food and Agriculture Organization (FAO) and the World Health 
Organization. It is the major international organization for 
encouraging international trade in food and protecting the health and 
economic interests of consumers.
    APHIS is responsible for publishing notice of OIE, IPPC, and NAPPO 
activities related to international standards and representing the 
United States with respect to these standards.
    Following are descriptions of the OIE, IPPC, and NAPPO 
organizations and the standard-setting agenda for each of these 
institutions. Our intent is to describe the agenda that each of these 
organizations will address at their annual general sessions, including 
standards that may be presented for adoption or consideration, as well 
as other initiatives that may be underway at the OIE, IPPC, and NAPPO.

OIE Standard-Setting Activities

    The OIE was established in Paris, France, in 1924 with the signing 
of an international agreement by 28 countries. It is currently composed 
of 153 member nations, each of which is represented by a delegate who, 
in most cases, is the

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chief veterinary officer of that country. The WTO has recognized the 
OIE as the international forum for setting animal health standards, 
reporting global animal situations and disease status, and presenting 
guidelines and recommendations on sanitary measures relating to animal 
health.
    The OIE facilitates intergovernmental cooperation to prevent the 
spread of contagious diseases in animals through the sharing of 
scientific research among its members. The major functions of the OIE 
are to collect and disseminate information about distribution and 
control of animal diseases and to ensure that scientifically justified 
standards govern international trade in animals and animal products. 
The OIE aims to achieve this through the development and revision of 
international standards for diagnostic tests, vaccines, and the safe 
international trade of animals and animal products.
    The OIE provides annual reports on the global distribution of 
animal diseases, recognizes disease-free status of member countries, 
categorizes animal diseases with respect to their international 
significance, publishes bulletins on global disease status and timely 
reviews of pertinent animal health issues, and provides animal disease 
control guidelines to member countries.
    Positions, policies, and standards established by the OIE can be 
adopted by consensus or by vote of the delegates upon recommendations 
from various commissions and working groups within the OIE. These 
various commissions and working groups undertake the initial analysis 
and preparation of draft standards. Drafts are then circulated to 
member countries for review and comment. Draft standards are revised 
accordingly and then presented to the OIE General Session, which meets 
annually every May, for review and adoption. Adoption, as a general 
rule, is based on consensus of the OIE membership.
    The next OIE General Session is scheduled for Paris, France, May 
22-26, 2000. The Deputy Administrator for APHIS' Veterinary Services is 
the U.S. delegate to the OIE. The Deputy Administrator intends to 
participate in the proceedings. The agenda is expected to include the 
following items:

Election of Officers

    Current officers of the various OIE commissions and the current 
Director General will have completed their respective terms of office. 
OIE members will elect new officers. The Director General serves for 5 
years while other officers serve for 3 years.

Standards up for Adoption or Consideration

     Scrapie: Revisions to the OIE Code, Chapter 3.3.8, on 
scrapie disease.
     Bee diseases: Revisions to the OIE Code, Chapter 3.8.1--
3.8.5.

Current Work Program

    Working groups will report their progress to the General Session. 
For updates on meeting times and for information on the working groups 
that becomes available following publication of this notice, contact 
Dr. Gary Colgrove, VS, APHIS, 4700 River Road Unit 38, Riverdale, MD 
20737-1231; (301) 734-8364; or e-mail: Gary.S.C[email protected].
    The following describes the current undertakings of the working 
groups, it is not a list of standards up for consideration or adoption:
     Zoning and regionalization: Revisions to the OIE Code, 
Chapter 1.4.4, on regionalization will be prepared by the next meeting 
of the Code Commission. It is uncertain whether this revised chapter 
will be ready for adoption by the General Session in May 2000.
     Model certificate for milk and milk products: An effort 
will be made to develop guidelines for certifying milk and milk 
products. The International Dairy Federation will attempt to draft such 
guidelines by September 1999.
     Enzootic bovine leukosis: Revisions to the OIE Code, 
Chapter 3.2.4.
     International trade in animals, organs, tissues, or cells 
intended for xenotransplantation: The OIE working group on 
biotechnology will prepare a document on this topic for consideration 
by the May 2000 General Session.
     Equivalence: A proposal for OIE Code language on this 
topic will be developed and circulated among members for comments.
     Classical swine fever: An ad hoc group will examine 
possible revisions to the OIE Code, Chapter 2.1.13.
     Newcastle disease: An ad hoc group will be formed to 
examine possible revisions to the OIE Code, Chapter 2.1.15.
     Paratuberculosis: There may be revisions made to the OIE 
Code, Chapter 3.1.6.

Bovine Spongiform Encephalopathy (BSE)

     Each spring, the chapter of the OIE Code concerning BSE 
(3.2.13) is modified, clarified, and improved. However, major questions 
remain. Expert groups will continue to evaluate the chapter. Portions 
still under study include:
     Criteria for meeting the OIE definition of a ``BSE 
Provisionally Free Country.''
     Procedures and measures for importing cattle from a ``BSE 
Provisionally Free Country or Zone.''
     Procedures and measures for importing cattle from a 
country or zone with a ``high incidence of BSE.''
     Criteria for importing fresh meat (boned or deboned) and 
other meat products from cattle from a country or zone with a ``low 
incidence of BSE.''
     Criteria for importing tallow intended for food, feed, 
fertilizers, cosmetics, pharmaceuticals, or medical devices from 
countries ``not affected by BSE.'' Specifically, rendering procedures 
are under study.

Other Major OIE Topics

    The May 2000 General Session will address two other major topics, 
for which additional standards are not expected to be developed and 
presented for adoption at the May 2000 General Session:
     Principles of prevention and management of aquatic animal 
diseases.
     Advances in the control and eradication of tuberculosis in 
domestic and wild animals.
    More information on OIE standards is available on the OIE web page 
at http://www.oie.int.
    The information in this notice includes all the information 
available to us on OIE standards currently under development or 
consideration. For updates on meeting times and for information on the 
working groups that becomes available to us following the publication 
of this notice, contact Dr. Gary Colgrove, VS, APHIS, 4700 River Road 
Unit 38, Riverdale, MD 20737-1231; (301) 734-8364; or e-mail: 
Gary.S.C[email protected].

IPPC Standard-Setting Activities

    The IPPC is a multilateral convention adopted in 1952 for the 
purpose of securing common and effective action to prevent the spread 
and introduction of pests of plants and plant products and to promote 
appropriate measures for their control. Under the IPPC, the 
understanding of plant protection has been, and continues to be, broad, 
encompassing the protection of both cultivated and noncultivated plants 
from direct or indirect injury by plant pests. Activities addressed by 
the IPPC include the development and establishment of international 
plant health standards, the harmonization of phytosanitary activities 
through emerging standards, the facilitation of the exchange of 
official and scientific information among countries, and the

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furnishing of technical assistance to developing countries that are 
signatories to the IPPC.
    The IPPC is placed under the authority of the FAO, and the members 
of the Secretariat of the IPPC are appointed by the FAO. The IPPC is 
implemented by national plant protection organizations in cooperation 
with regional plant protection organizations, the Interim Commission on 
Phytosanitary Measures (ICPM), and the Secretariat of the IPPC. The 
United States plays a major role in all standard-setting activities 
under the IPPC and has representation on FAO's highest governing body, 
the FAO Conference.
    The United States became a contracting party to the IPPC in 1972 
and has been actively involved in furthering the work of the IPPC ever 
since. The IPPC was amended in 1979, and the amended version entered 
into force in 1991 after two-thirds of the contracting countries 
accepted the amendment. More recently, in 1997, contracting parties 
completed negotiations on further amendments that were approved by the 
FAO Conference and submitted to the parties for acceptance. This 1997 
amendment updated phytosanitary concepts and formalized the standard-
setting structure within the IPPC. The 1997 amended version of the IPPC 
will enter into force once two-thirds of the current contracting 
parties notify the Director General of FAO of their acceptance of the 
amendment. It is projected that the amended IPPC will enter into force, 
replacing the existing text, by the year 2000.
    The IPPC has been, and continues to be, administered at the 
national level by plant quarantine officials whose primary objective is 
to safeguard plant resources from injurious pests. In the United 
States, the national plant protection organization is USDA's Animal and 
Plant Health Inspection Service (APHIS), Plant Protection and 
Quarantine (PPQ) unit.
    Currently, IPPC standards may be proposed in a number of ways. The 
IPPC Secretariat may initiate the development of a draft standard by 
forming a working group to develop a standard deemed a priority by ICPM 
members. Draft standards or discussion papers may also be submitted to 
the IPPC Secretariat for consideration by regional or national plant 
protection organizations or other interested parties. The IPPC 
Secretariat refers draft standards to the Committee of Experts on 
Phytosanitary Measures (CEPM), which considers the drafts and 
recommends action. Drafts approved by the CEPM are then submitted to 
member countries for consultation and comment. Comments made during 
country consultation are then considered by the Secretariat, which 
revises the standard before resubmitting it to the CEPM.
    If the CEPM approves the revised draft, it is submitted to the 
ICPM, the governing body of the IPPC, for adoption. Each member country 
is represented on ICPM by a single delegate. Although experts and 
advisers may accompany the delegate to meetings of the ICPM, only the 
delegate or an authorized alternate may vote on proposed standards or 
other initiatives. Parties involved in a vote by the ICPM are to make 
every effort to reach agreement on all matters by consensus. Only after 
all efforts to reach a consensus have been exhausted may a decision on 
a standard be passed by a vote of two-thirds of delegates present and 
voting.
    Technical experts from the United States have participated directly 
in working groups and indirectly as reviewers of all IPPC draft 
standards. In addition, documents and positions developed by APHIS and 
NAPPO have served as the basis for many of the standards adopted to 
date. This notice describes each of the IPPC standards currently under 
consideration or up for adoption. Access to the full text of each 
standard will be available electronically on the APHIS Internet web 
page at http://is.aphis.usda.gov/ppq/standard/#TOP. Interested 
individuals may review and provide comments on the standards found on 
this web page.
    The next ICPM meeting is scheduled for October 4-8,1999. The Deputy 
Administrator for APHIS' Plant Protection and Quarantine is the U.S. 
delegate to the ICPM. The Deputy Administrator intends to participate 
in the proceedings. The agenda is expected to include the following 
items:

Report of the Chair

    The ICPM chairman will summarize IPPC activities from the past year 
(e.g., working group activities and meetings), report on outstanding 
issues, and highlight areas of particular interest confronting members 
of the ICPM.

Standard-Setting Priorities

    The Secretariat will report on topics and priorities for standards 
identified by ICPM members and regional plant protection organizations. 
Other topics identified by the Secretariat will also be noted. A 
working group will be formed to review the information and recommend a 
work program for the ICPM to give to the Secretariat.

Standards up for Adoption or Consideration

     Requirements for the establishment of pest-free places of 
production and pest-free production sites: This standard describes the 
requirements for the establishment and use of pest-free places of 
production and pest-free production sites as pest risk management 
options for meeting phytosanitary requirements for the importation of 
plants, plant products, and other regulated articles.
     Revised Glossary of Phytosanitary Terms: The Glossary of 
Phytosanitary Terms has been updated and new terms have been added 
after thorough review by a special working group and the CEPM. The 
revised glossary represents the first revision of an established IPPC 
standard returned for approval by the ICPM.

Reports From Various Working Groups

     Standard-setting procedures: A working group was formed at 
the first ICPM meeting in November 1998 to analyze the current 
standard-setting procedure to determine whether it requires revision 
and, if so, to propose a revised procedure to the second ICPM meeting 
scheduled for October 1999. The chairman of this working group is 
expected to report on the outcome of those deliberations. A report will 
be distributed for review, discussion, and approval. If agreed, 
procedures for standard setting will be annexed to the Rules of 
Procedure for the ICPM.
     Dispute settlement provisions: A working group was formed 
at the first ICPM meeting in November 1998 to develop rules and 
procedures for the operation of the nonbinding dispute resolution 
procedures contained in the IPPC. A report will be distributed for 
review, approval, and discussion of further steps.
     Pest reporting requirements: The Secretariat will report 
on the mechanisms in place, or proposed, that facilitate pest reporting 
obligations.
     Strength of measures: The Secretariat will report on 
issues associated with the understanding and implementation of the 
concept of strength of measures.

Work Program for Harmonization

     Standard-setting: The Secretariat will report on the 
status of standard-setting activities and the working group will report 
on topics and priorities for the upcoming work program.
     Information exchange: The Secretariat will report on the 
status of information exchange activities.
     Technical assistance: The ICPM chairman has held 
discussions with

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interested delegations on the subject of technical assistance for 
developing countries. The chairman will report on initiatives aimed at 
developing a technical assistance program in line with the technical 
cooperation aspects of the IPPC.

Status of IPPC

     Acceptance of the new revised text: Update and report by 
members
     Interim measures:

--Members designate their official contact points.
--Members report on the voluntary use of the new phytosanitary 
certificate.
    More information on IPPC standards is available on the FAO web page 
at http://www.ippc.int.
    The information in this notice includes all the information 
available to us on IPPC standards currently under development or 
consideration. For updates on meeting times and for information on the 
working groups that becomes available following publication of this 
notice, contact Dr. Richard Dunkle, Deputy Administrator, PPQ, APHIS, 
USDA, room 302-E, Whitten Building, 14th Street and Independence 
Avenue, SW., Washington, DC 20250.

NAPPO Standard-Setting Activities

    NAPPO, a regional plant protection organization created in 1976 
under the IPPC, coordinates the efforts among Canada, the United 
States, and Mexico to protect their plant resources from the entry, 
establishment, and spread of harmful plant pests, while facilitating 
intra- and inter-regional trade.
    NAPPO conducts its business through panels and annual meetings held 
among the three member countries. The NAPPO Executive Committee charges 
individual panels with the responsibility for drawing up proposals for 
NAPPO positions, policies, and standards. These panels are made up of 
representatives from each member country who have scientific expertise 
related to the policy or standard being considered.
    Proposals drawn up by the individual panels are circulated for 
review to government and industry by Canada, Mexico, and the United 
States, which may suggest revisions. Once revisions are made, the 
proposal is sent to the NAPPO Working Group and the NAPPO Standards 
Panel for technical reviews and then to the Executive Committee for 
final approval, which is granted by consensus.
    The annual NAPPO meeting is scheduled for October 19-21, in Cancun, 
Mexico. The Executive Committee meeting will take place on October 17, 
and a special session will be held on October 18, where industry groups 
can bring issues to the attention of the Executive Committee. The 
Deputy Administrator for APHIS' Plant Protection and Quarantine is the 
U.S. delegate to NAPPO. The Deputy Administrator intends to participate 
in the proceedings. The agenda will include the following items:

Standards up for Adoption or Consideration

     A revised laboratory accreditation standard will be 
presented to the Executive Committee for consideration and adoption.
     A paper entitled, ``A Harmonized Procedure for 
Morphologically Distinguishing Karnal Bunt and the Ryegrass Bunt,'' 
which has been prepared by the NAPPO Grains Panel, will be presented 
for Executive Committee approval.

Updates on NAPPO Panel Activities

    Working panels will report their progress to the General Committee. 
For updates on meeting times and for information on the working panels 
that becomes available following publication of this notice, contact 
Dr. Richard Dunkle, Deputy Administrator, PPQ, APHIS, USDA, Room 302-E, 
Whitten Building, 14th Street and Independence Avenue, SW., Washington, 
DC 20250.
    The following is a summary of current panel charges as they relate 
to the ongoing development of standards and does not include standards 
up for consideration or adoption:

Accreditation Panel (Laboratory Accreditation)
     Develop an inventory of laboratory tests, analyses, and 
identification done in support of plant health regulatory activities.
Biological Control Panel
     Develop NAPPO guidelines for the release of non-native 
entomophagous agents for the biological control of weeds.
Biotechnology Panel
     Develop a NAPPO standard for the review of products of 
biotechnology which focuses on the assessment of the potential impact 
on plant resources, including risk assessments, environmental 
assessments, and whether the product itself can become a pest of 
plants.
Citrus Panel
     Continue development of a NAPPO citrus standard.
Forestry Panel
     Continue development of a NAPPO dunnage standard.
Fruit Fly Panel
     Describe pest free areas for the Mexican fruit fly 
(Anastrepha ludens) in the NAPPO region and identify areas of low 
presence and susceptible areas for the establishment of the pest.
Grapevine Panel
     Continue development of a NAPPO grapevine standard.
Fruit Tree Panel
     Initiate development of a NAPPO malus and prunus standard.
Pest Risk Analysis Panel
     Provide PRA support to the NAPPO Forestry and Grains 
Panels, as requested.
     Work with other plant protection organizations to develop 
a global potato standard.
Standards Panel
     Coordinate responses to the North American member on the 
Committee for Experts for Phytosanitary Measures on draft international 
standards for phytosanitary measures (ISPM's) and contribute to the 
development of a draft ISPM on regulated nonquarantine pests.
     Provide updates on standards in the NAPPO newsletter.

Presentations

     Biodiversity convention: Speakers will provide an overview 
of the objectives of the biodiversity convention.
     Biosafety protocol: Speakers will explain the process 
involved in developing the biosafety protocol. Various countries' 
positions and approaches will be discussed. An environmental 
spokesperson will talk about the environmental aspects of the biosafety 
protocol.
     Risk management: A speaker from academia will explore 
various societal values and expectations, as well as other factors that 
are considered in risk management.
     WTO dispute settlement: Speakers will review outcomes of 
recent WTO dispute settlement cases, highlighting the panel conclusions 
and lessons to be learned from these disputes.
    More information on NAPPO standards is available on the NAPPO web 
page at http://www.nappo.org.
    The information in this notice includes all the information 
available to us on NAPPO standards currently under development or 
consideration. For updates on meeting times and for information on the 
working panels that becomes available following publication of this 
notice, contact Dr. Richard Dunkle, Deputy Administrator, PPQ, APHIS, 
USDA, Room 302-E, Whitten Building, 14th Street and Independence 
Avenue, SW., Washington, DC 20250.


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    Done in Washington, DC, this 27th day of September 1999.
Craig A. Reed,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-25722 Filed 10-1-99; 8:45 am]
BILLING CODE 3410-34-P