[Federal Register Volume 64, Number 247 (Monday, December 27, 1999)]
[Rules and Regulations]
[Pages 72262-72265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33422]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 353

[Docket No. 99-100-1]


Export Certification; Heat Treatment of Solid Wood Packing 
Materials Exported to China

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the export certification regulations to 
provide for the establishment of a program under which softwood 
(coniferous) packing materials used with goods exported from the United 
States may be certified as having been heat treated. This program is 
necessary because the Government of the People's Republic of China has 
established a requirement that coniferous packing materials exported to 
China must be accompanied by such certification. This change will 
affect persons who use coniferous packing materials to export goods 
from the United States to the People's Republic of China.

DATES: This interim rule is effective December 17, 1999. We invite you 
to comment on this docket. We will consider all comments that we 
receive by February 25, 2000.

ADDRESSES: Please send your comment and three copies to: Docket No. 99-
100-1, 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. 99-100-1.
    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. Russell Caplen, Economist/Policy 
Analyst, Policy and Program Development, APHIS, 4700 River Road Unit 
119, Riverdale, MD 20737-1236; (301) 734-8537.

SUPPLEMENTARY INFORMATION:

Background

    The export certification regulations contained in 7 CFR part 353 
(referred to below as the regulations) set forth the procedures for 
obtaining certification for plants and plant products offered for 
export or reexport. Export certification is not required by the 
regulations; rather, it is provided by the Animal and Plant Health 
Inspection Service (APHIS) as a service to exporters who are shipping 
plants or plant products to countries that require phytosanitary 
certification as a condition of entry. After assessing the condition of 
the plants or plant products intended for export, relative to the 
receiving country's regulations, an inspector will issue 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.
    Since 1975, APHIS has participated with State governments in the

[[Page 72263]]

Cooperative Phytosanitary Export Certification Program, which allows 
certain State and county officials, as well as APHIS officials, to 
issue phytosanitary certificates, phytosanitary certificates for 
reexport, or export certificates for processed plant products. Because 
the number of Federal inspectors is limited, the use of State and 
county inspectors is a considerable service to exporters of plants and 
plant products in terms of both time and convenience.
    The Government of the People's Republic of China has established 
requirements concerning importation of softwood (coniferous) packing 
materials from the United States in order to prevent the introduction 
into China of plant pests, specifically the pinewood nematode. This 
nematode is indigenous to North America and has caused significant 
damage to conifer forests in Asia.
    Effective January 1, 2000, the Government of the People's Republic 
of China will require goods from the United States to be accompanied 
either by a statement from the exporter that the shipment does not 
contain any coniferous packing material or by a certificate signed by a 
representative of the United States Department of Agriculture (USDA) 
attesting that the coniferous packing materials in the shipment have 
been heat treated by being subjected to a minimum core temperature of 
56  deg.C for 30 minutes.
    In response to this requirement, we have developed a new 
certificate of heat treatment and procedures for issuing it to 
exporters who need to heat treat their packing materials in order to 
ship goods to China. This new certificate of heat treatment, PPQ Form 
553, is divided into two parts and serves as both a certification by 
the exporter that the required heat treatment was performed and USDA 
endorsement of industry compliance with the certification requirements.
    In the first part of the form, the exporter provides the name and 
address of both the exporter and the consignee and a description of the 
consignment. The exporter also signs a statement on the form certifying 
that the coniferous packing material in the shipment has been heat 
treated by being subjected to a minimum core temperature of 56  deg.C 
for 30 minutes.
    In the second part of the form, an inspector endorses the form by 
applying an official stamp and signing the form, dating it, and 
recording the work unit, city, and State where the form was endorsed. 
This work unit could be either an office of Plant Protection and 
Quarantine (PPQ), APHIS, or the office of a State or county plant 
protection cooperator that has been designated by the Secretary of 
Agriculture to certify shipments of plant products for export in 
accordance with 7 CFR part 353.
    This two-part form is designed to simplify the process of obtaining 
certification of heat treatment and to minimize the paperwork burden 
for both exporters and inspectors. We plan to make PPQ Form 553 widely 
available, via the Internet and other means, so that exporters can 
obtain it without difficulty. We are also engaged in a public outreach 
to ensure that exporters are aware of the new certification requirement 
of the Government of the People's Republic of China and to inform 
exporters as to how they can obtain PPQ Form 553 and where to submit it 
to an inspector for endorsement. Persons interested in determining the 
locations of inspectors who can accept and process PPQ Form 553 can 
find a list of PPQ offices at http://www.aphis.usda.gov/travel/aqi and 
a list of cooperating State offices at http://www.aphis.usda.gov/npb/
npbmemb.
    It should be noted that the regulations prior to this interim rule 
have allowed for industry-issued certification that a plant product has 
been handled, processed, or inspected in a manner required by a foreign 
government to be used in lieu of PPQ certification forms. However, the 
certification requirements of the People's Republic of China do not 
recognize industry-issued certificates to certify that coniferous 
packing material has been heat treated. Only PPQ Form 553 will be 
accepted by the People's Republic of China for this purpose.
    In Sec. 353.1 of the regulations, we are defining certificate of 
heat treatment as ``A certificate (PPQ Form 553) issued by an inspector 
endorsing the statement of an exporter that the coniferous packing 
materials associated with a shipment for export have been heat treated 
by being subjected to a minimum core temperature of 56  deg.C for 30 
minutes.''
    Section 353.5 of the regulations describes how to apply for 
certification under part 353 and states that applicants must apply 
using PPQ Form 572. We are adding to this section that applicants for a 
certificate of heat treatment must submit PPQ Form 553 instead.
    Section 353.7 of the regulations describes the processing 
procedures for the various certificates issued in accordance with part 
353. We are adding a new paragraph (e) describing the procedures for 
the new certificate of heat treatment. This paragraph instructs the 
exporter or his or her representative to complete blocks 1 through 4 of 
PPQ Form 553 and submit the original form and one copy to an inspector, 
who will complete and sign both the original form and the copy. The 
original certificate of heat treatment will then be delivered or mailed 
to the applicant or a person designated by the exporter. One copy of 
each certificate will be kept on file in the office of the inspector 
who endorses it. The exporter or his or her representative must also 
keep on file at his or her office a copy of each certificate issued in 
his or her name, as well as documentation showing that heat treatment 
was performed on packing materials in the shipment referred to in the 
certificate. The exporter or his or her representative must make these 
documents available to an inspector upon request for a period of 1 year 
following the date of issuance of the certificate.
    We anticipate that some exporters will apply for a certificate of 
heat treatment at APHIS or cooperating State offices at or near the 
port from which they intend to export their goods to China, while 
others will apply to offices located near the place of origin of the 
goods, or at intermediate locations where goods are packed and 
assembled for shipment. We intend to make inspectors available to issue 
certificates of heat treatment at many different locations in order to 
accommodate exporter needs and to avoid overwhelming our port offices 
with new work. Section 353.3 of the current regulations advises our 
customers on how to contact an APHIS regional office to learn where 
they can apply for export certificates. We have also established a web 
page, currently http://www.aphis.usda.gov/oa/chinaswp/hotbutton, where 
exporters can obtain copies of PPQ Form 553 and other information about 
this program.

Removal of Authority Citation

    In the authority citation for part 553, we are removing the 
reference to 44 U.S.C. 35 because that section has been repealed.

Immediate Action

    The Administrator of the Animal and Plant Health Inspection Service 
has determined that there is good cause for publishing this interim 
rule without prior opportunity for public comment. Immediate action is 
necessary to provide a means for U.S. exporters to obtain certificates 
that the Government of the People's Republic of China will require to 
accompany certain shipments of U.S. goods to China as of January 1, 
2000.
    Because prior notice and other public procedures with respect to 
this action

[[Page 72264]]

are impracticable and contrary to the public interest under these 
conditions, we find good cause under 5 U.S.C. 553 to make this action 
effective less than 30 days after publication. We will consider 
comments that are received within 60 days of publication of this rule 
in the Federal Register. After the comment period closes, we will 
publish another document in the Federal Register. The document will 
include a discussion of any comments we receive and any amendments we 
are making to the rule as a result of the comments.

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 the purposes of Executive 
Order 12866 and, therefore, has not been reviewed by the Office of 
Management and Budget.
    This emergency situation makes compliance with section 603 and 
timely compliance with section 604 of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.) impracticable. If we determine that this rule will 
have a significant economic impact on a substantial number of small 
entities, then we will discuss the issues raised by section 604 of the 
Regulatory Flexibility Act in our final regulatory flexibility 
analysis.

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 12988

    This interim rule has been reviewed under Executive Order 12988, 
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(j) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection and 
recordkeeping requirements included in this interim rule have been 
submitted for emergency approval to the Office of Management and Budget 
(OMB). OMB has assigned control number 0579-0147 to the information 
collection and recordkeeping requirements.
    We plan to request continuation of that approval for 3 years. 
Please send written comments on the 3-year approval request to the 
following addresses: (1) Docket No. 99-100-1, Regulatory Analysis and 
Development, PPD, APHIS, suite 3C03, 4700 River Road Unit 118, 
Riverdale, MD 20737-1238, and (2) Clearance Officer, OCIO, USDA, room 
404-W, 14th Street and Independence Avenue, SW., Washington, DC 20250. 
Please state that your comments refer to Docket No. 99-100-1, and send 
your comments within 60 days of publication of this rule.
    This interim rule establishes regulations to provide for the 
establishment of a program under which softwood (coniferous) packing 
materials, used with goods exported from the United States to China, 
may be certified as having been heat treated. This program is necessary 
because the Government of the People's Republic of China has 
established a requirement that coniferous packing materials imported 
from the United States must be accompanied by such certification. 
Exporters shipping goods to China that are accompanied by coniferous 
packing materials will have to complete a new PPQ Form 553 and submit 
it to an inspector for endorsement and maintain for 1 year at their 
offices a copy of each certificate issued. Exporters or their agents 
will also have to keep on file for 1 year at their offices 
documentation from heat treatment facilities showing that the heat 
treatment certified by each certificate was performed. Each exporter or 
his or her representative will have to make copies of these documents 
available to inspectors upon request.
    We are soliciting comments from the public concerning our 
information collection and recordkeeping requirements. These comments 
will help us:
    (1) Evaluate whether the information collection is necessary for 
the proper performance of our agency's functions, including whether the 
information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
proposed information collection, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology; e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden and recordkeeping for 
this collection of information is estimated to average 1 minute per 
response.
    Respondents: Exporters and their representatives or brokers who 
export commercial shipments packed in coniferous solid wood packing 
materials to the People's Republic of China.
    Estimated annual number of respondents: 6,500.
    Estimated annual number of responses per respondent: 25.
    Estimated annual number of responses: 162,500.
    Estimated total annual burden on respondents: 2,808 hours.
    Copies of this information collection can be obtained from: 
Clearance Officer, OCIO, USDA, room 404-W, 14th Street and Independence 
Avenue, SW., Washington, DC 20250.

List of Subjects in 7 CFR Part 353

    Exports, Plant diseases and pests, Reporting and recordkeeping 
requirements.

    Accordingly, 7 CFR part 353 is amended as follows:

PART 353--EXPORT CERTIFICATION

    1. The authority citation for part 353 is revised to read as 
follows:

    Authority: 7 U.S.C. 147a; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 
2.80, and 371.2(c).

    2. In 353.1, a definition of Certificate of heat treatment is 
added, in alphabetical order, to read as follows:


353.1  Definitions.

* * * * *
    Certificate of heat treatment. A certificate (PPQ Form 553) issued 
by an inspector endorsing the statement of an exporter that the 
coniferous packing materials associated with a shipment for export have 
been heat treated by being subjected to a minimum core temperature of 
56  deg.C for 30 minutes.
* * * * *


Sec. 353.2  [Amended]

    3. In Sec. 353.2, the phrase ``or an export certificate for 
processed plant products (PPQ Form 578),'' is removed and the phrase 
``an export certificate for processed plant products (PPQ Form 578), or 
a certificate of heat treatment (PPQ Form 553)'' is added in its place.


Sec. 353.5  [Amended]

    4. Section 353.5 is amended as follows:
    a. In paragraph (a), the phrase ``(PPQ Form 572)'' is removed and 
the phrase ``(PPQ Form 572, or, to obtain a certificate of heat 
treatment, PPQ Form 553)'' is added in its place, and the word 
``certification.'' is removed and the phrase ``certification, except 
that, for

[[Page 72265]]

PPQ Form 553, the office of inspection need not be a port.'' is added 
in its place.
    b. In paragraph (b), the phrase ``at the port of certification'' is 
removed.
    5. In Sec. 353.7, new paragraph (e) is added to read as follows:


Sec. 353.7  Certificates.

* * * * *
    (e) Certificate of heat treatment (PPQ Form 553). For each 
consignment containing coniferous packing materials for which 
certification is requested, the exporter or his or her representative 
shall complete blocks 1 through 4 of PPQ Form 553 and submit the 
original form and one copy to an inspector. The inspector shall 
complete and sign both the original form and the copy.
    (2) The original certificate of heat treatment 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.
    (4) The exporter or his or her representative must keep on file at 
his or her office a copy of each certificate issued in his or her name, 
and documentation showing that heat treatment was perfomed on packing 
materials in the shipment referred to in the certificate, and make 
these documents available to an inspector upon request, for a period of 
1 year following the date of issuance of the certificate.

(Approved by the Office of Management and Budget under control 
number 0579-0052)

    Done in Washington, DC, this 17th day of December 1999.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-33422 Filed 12-23-99; 8:45 am]
BILLING CODE 3410-34-P