[Federal Register Volume 73, Number 145 (Monday, July 28, 2008)]
[Notices]
[Pages 43676-43683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17216]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

 [Docket No. APHIS-2008-0063]


International Sanitary and Phytosanitary Standard-Setting 
Activities

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice and request for 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 the international standard-
setting activities of the World Organization for Animal Health, 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: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2008-0063 to submit or view comments and 
to view supporting and related materials available electronically.
     Postal Mail/Commercial Delivery: Please send two copies of 
your comment to Docket No. APHIS-2008-0063, Regulatory Analysis and 
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, 
Riverdale, MD 20737-1238. Please state that your comment refers to 
Docket No. APHIS-2008-0063.
    Reading Room: 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.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at http://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: For general information on the topics 
covered in this notice, contact Mr. John Greifer, Associate Deputy 
Administrator for SPS Management, International Services, APHIS, room 
1132, South Building, 14th Street and Independence Avenue, SW., 
Washington, DC 20250; (202) 720-7677.
    For specific information regarding standard-setting activities of 
the World Organization for Animal Health, contact Dr. Michael David, 
Director, Sanitary International Standards Team, National Center for 
Import and Export, VS, APHIS, 4700 River Road Unit 33, Riverdale, MD 
20737-1231; (301) 734-5324.
    For specific information regarding the standard-setting activities 
of the International Plant Protection Convention or the North American 
Plant Protection Organization, contact Ms. Julie E. Aliaga, Program 
Director, International Phytosanitary Standards, PPQ, APHIS, 4700 River 
Road, Riverdale, MD 20737-1236; (301) 734-0763.

SUPPLEMENTARY INFORMATION:

Background

    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 Agreements 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 World Organization for Animal Health (OIE, 
formerly known as the Office International des Epizooties) 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 informing the public of the SPS standard-setting activities 
of Codex, OIE, IPPC, and NAPPO. The United States Department of 
Agriculture's (USDA's) Food Safety and Inspection Service (FSIS) 
informs the public of Codex standard-setting activities, and USDA's 
Animal and Plant Health Inspection Service (APHIS) informs the public 
of OIE, IPPC, and NAPPO standard-setting activities.
    FSIS publishes an annual notice in the Federal Register to inform 
the public of SPS standard-setting activities

[[Page 43677]]

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 an annual notice of OIE, IPPC, 
and NAPPO activities related to international standards for plant and 
animal health 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 
organizations. We have described 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.
    The agendas for these meetings are subject to change, and the draft 
standards identified in this notice may not be sufficiently developed 
and ready for adoption as indicated. Also, while it is the intent of 
the United States to support adoption of international standards and to 
participate actively and fully in their development, it should be 
recognized that the U.S. position on a specific draft standard will 
depend on the acceptability of the final draft. Given the dynamic and 
interactive nature of the standard-setting process, we encourage any 
persons who are interested in the most current details about a specific 
draft standard or the U.S. position on a particular standard-setting 
issue, or in providing comments on a specific standard that may be 
under development, to contact APHIS. Contact information is provided at 
the beginning of this notice under FOR FURTHER INFORMATION CONTACT.

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 172 member nations, each of which is represented by a delegate who, 
in most cases, is the chief veterinary officer of that country. The WTO 
has recognized the OIE as the international forum for setting animal 
health standards, reporting global animal disease events, 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 by sharing scientific research 
among its members. The major functions of the OIE are to collect and 
disseminate information on the distribution and occurrence of animal 
diseases and to ensure that science-based standards govern 
international trade in animals and animal products. The OIE aims to 
achieve these 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 the free status of Member countries for 
certain diseases, categorizes animal diseases with respect to their 
international significance, publishes bulletins on global disease 
status, and provides animal disease control guidelines to Member 
countries. Various OIE commissions and working groups undertake the 
development and preparation of draft standards, which are then 
circulated to Member countries for consultation (review and comment). 
Draft standards are revised accordingly and are then presented to the 
OIE International Committee (all the Member countries) during the 
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 May 24-29, 2009, in 
Paris, France. Currently, the Deputy Administrator of APHIS Veterinary 
Services is the official U.S. Delegate to the OIE. The Deputy 
Administrator of APHIS intends to participate in the proceedings and 
will discuss or comment on APHIS' position on any standard up for 
adoption. Information about OIE draft Terrestrial and Aquatic Animal 
Health Code chapters may be found on the Internet at http://www.aphis.usda.gov/import_export/animals/oie/ or by contacting Dr. 
Michael David (see FOR FURTHER INFORMATION CONTACT above).

OIE Terrestrial Animal Health Code Chapters and Appendices Adopted by 
the May 2008 General Session

    Note: Proposed appendices and chapters not yet assigned by 
number have been designated an ``x'' as a temporary placeholder by 
the OIE.)

1. Chapter 1.1.1, General Definitions

    Various definitions were modified and updated, including the 
definitions for ``animal welfare,'' ``infection,'' ``herd,'' ``flock,'' 
``monitoring,'' and ``surveillance.''

2. Chapter 1.2.1, General Obligations

    The text in this chapter was modified to provide additional clarity 
regarding its content.

3. Chapter 1.3.5, Zoning and Compartmentalization

    Minor changes were made to this chapter.

4. Chapter 2.2.10, Foot and Mouth Disease

    Guidelines for quicker recovery of status after an outbreak, and 
the concept of ``containment zone'' were amended this year. In 
addition, a minor clarification to the definition of ``buffer zone'' 
was made.

5. Chapter 2.3.3, Bovine Tuberculosis

    This chapter has undergone a revision to reflect current 
understanding of the disease.

6. Chapter 2.3.13, Bovine Spongiform Encephalopathy

    This chapter received further modifications this year. In 
particular, restrictions on gelatin manufactured from certain bones 
(vertebrae and skulls) sourced from countries classified as either 
``controlled'' or ``undetermined'' risk for BSE were increased.

7. Appendix 3.8.5, Factors To Consider in Conducting the Bovine 
Spongiform Encephalopathy Risk Assessment Recommended in Chapter 2.3.13

    This appendix was revised by removing any reference to other 
transmissible spongiform encephalopathies (TSEs).

8. Section 2.5, Equine Diseases

    The following equine Code chapters received further updates:
    Chapter 2.5.5, Equine influenza; Chapter 2.5.7, Equine 
rhinopneumonitis; Chapter 2.5.10, Equine viral arteritis; and Chapter 
2.5.14, African horse sickness.

9. Chapter 2.7.12, Avian Influenza

    No significant changes were made to the content of this chapter; 
however, the Code Commission has asked the Scientific Commission to 
review the scientific literature to improve the current provisions for 
the inactivation of avian influenza virus in poultry meat and eggs and 
in poultry products intended for animal feeding or for agricultural 
use.

10. Chapter 2.7.13, Newcastle Disease

    The chapter on Newcastle disease is modeled after the chapter on 
avian influenza. The definition of Newcastle

[[Page 43678]]

disease was clarified for Member countries regarding what is 
reportable.

11. Appendix 3.7.2, Guidelines for the Transport of Animals by Sea; 
Appendix 3.7.3, Guidelines for the Transport of Animals by Land; 
Appendix 3.7.5, Guidelines for the Slaughter of Animals; and Appendix 
3.7.6, Guidelines for the Killing of Animals for Disease Control 
Purposes

    As in previous years, these guidelines were slightly updated.

12. Appendix x.x.x, Guidelines on Dog Population Control

    The draft guidelines on stray dog control have undergone a second 
revision and are likely to undergo further revisions in the coming 
years.

13. Appendix x.x.x, Animal Identification and Traceability

    This draft appendix has been further modified to provide Member 
countries with some general guidelines to consider when designing and 
implementing an animal identification system.

OIE Terrestrial Animal Health Code Chapters and Appendices for Future 
Review

    Existing Terrestrial Animal Health Code chapters that may be 
revised and new chapters that may be drafted in preparation for the 
next General Session in 2009 include the following:

1. Chapter 2.2.x, West Nile Fever

    Due to the number of comments received this year, the Code 
Commission will address changes to this chapter for the next session in 
May 2009.

2. Chapter 2.3.1, Bovine Brucellosis

3. Chapter 2.3.15, Contagious Bovine Pleuropneumonia

4. Chapter 2.4.8, Scrapie

5. Chapter 2.10.2, Salmonella Enteritidis and Salmonella Typhimurium in 
Poultry

6. Appendix 3.4.1, Hygiene and Disease Security Guidelines in Poultry 
Breeding Flocks and Hatcheries



7. Appendix 3.10.2, Guidelines on the Detection, Control, and 
Prevention of Salmonella Enteritidis and Salmonella Typhimurium in 
Poultry Producing Eggs for Human Consumption

8. Appendix x.x.x, Guidelines for the Control of Hazards of Animal 
Health and Public Health Importance in Animal Feed

9. Appendix x.x.x, Guidelines for the Harvesting and Culling of 
Wildlife

10. Appendix x.x.x, Guidelines for Laboratory Animal Welfare

OIE Aquatic Animal Health Code Chapters and Appendices up for Adoption

    Aquatic Animal Health Code chapters and appendices that have been 
revised or which are new for adoption at the 2009 General Session 
include:
    Chapter 1.1.1, Definitions; Chapter 1.2.3, Diseases listed by the 
OIE; Chapter 1.3.1, General obligations; Chapter 2.2.5, Infection with 
Mikrocytos mackini; Chapter 2.3.9, Infectious myonecrosis; Chapter 
2.3.11, White Tail disease; Chapter 2.4.1, Infection with 
Batrachochytrium dendrobatidis; Chapter 2.4.2, Infection with 
ranavirus; Chapter x.x.x, Guidelines for aquatic animal health 
surveillance; and Chapter x.x.x., Guidelines for the control of aquatic 
animal health hazards in aquatic animal feeds.

OIE Aquatic Animal Commission Future Work Program

    During the next few years, the OIE Aquatic Animal Commission may 
address the following issues or establish ad hoc groups of experts to 
update or develop standards for the following issues:
    1. Guidelines on the handling and disposal of carcasses and wastes 
of aquatic animals.
    2. Chapter 2.3.7, Crayfish plague.

The Process

    The OIE Code chapters are drafted (or revised) by either the 
Terrestrial or Aquatic Animal Health Standards Commission or by ad hoc 
groups composed of technical experts nominated by the Director General 
of the OIE by virtue of their subject-area expertise. Once a new 
chapter is drafted or an existing one is revised, the chapter is 
distributed to Member countries for review and comment. The OIE 
attempts to provide proposed chapters by late October to allow Member 
countries sufficient time for comment. Comments are due by late January 
of the following year. The draft standard is revised by the OIE Code 
Commission on the basis of relevant scientific comments received from 
Member countries.
    The United States (i.e., USDA/APHIS) intends to review, and where 
appropriate, comment on all draft chapters and revisions once it 
receives them from the OIE. USDA/APHIS intends to distribute these 
drafts to the U.S. livestock and aquaculture industries, veterinary 
experts in various U.S. academic institutions, other State and Federal 
agencies, and other interested persons for review and comment. 
Additional information regarding these draft standards may be obtained 
by contacting Dr. Michael David (see FOR FURTHER INFORMATION CONTACT 
above).
    Generally, if a country has concerns with a particular draft 
standard, and supports those concerns with sound technical information, 
the pertinent OIE Code Commission will revise that standard accordingly 
and present the revised draft for adoption at the General Session in 
May. In the event that a country's concerns regarding a draft standard 
are not taken into account, that country may refuse to support the 
standard when it comes up for adoption at the General Session. However, 
each Member country is obligated to review and comment on proposed 
standards, and make decisions regarding the adoption of those 
standards, strictly on their scientific merits.

Other OIE Topics

    Every year at the General Session, at least one technical item is 
presented. For the May 2009 General Session, the following technical 
item will be presented:
    1. Impact of climate change and environmental changes on emerging 
and re-emerging animal diseases and animal production.
    The information in this notice includes all the information 
available to us on OIE standards currently under development or 
consideration. Information on OIE standards is available on the 
Internet at http://www.oie.int. Further, a formal agenda for the next 
General Session should be available to Member countries by March 2009, 
and copies will be available to the public once the agenda is 
published. For the most current information on meeting times, working 
groups, and/or meeting agendas, including information on official U.S. 
participation in OIE activities and U.S. positions on standards being 
considered, contact Dr. Michael David (see FOR FURTHER INFORMATION 
CONTACT above). Those wishing to provide comments on any areas of work 
under the OIE may do so at any time by responding to this notice

[[Page 43679]]

(see ADDRESSES above) or by providing comments through Dr. Michael 
David.

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 furnishing 
of technical assistance to developing countries that are signatories to 
the IPPC.
    The IPPC is under the authority of the Food and Agriculture 
Organization (FAO), and the members of the Secretariat of the IPPC are 
appointed by the FAO. The IPPC is implemented by national plant 
protection organizations (NPPOs) in cooperation with regional plant 
protection organizations (RPPOs); the Commission on Phytosanitary 
Measures ((CPM), formerly referred to as the International 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 
entered into force after two-thirds of the contracting parties notified 
the Director General of FAO of their acceptance of the amendment in 
October 2005. The U.S. Senate gave its advice and consent to acceptance 
of the newly revised IPPC on October 18, 2000. The President submitted 
the official letter of acceptance to the FAO Director General on 
October 4, 2001.
    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 APHIS' Plant 
Protection and Quarantine (PPQ) program. The steps for developing a 
standard under the IPPC are described below.
    Step 1: Proposals for a new international standard for 
phytosanitary measures (ISPM) or for the review or revision of an 
existing ISPM are submitted to the Secretariat of the IPPC in a 
standardized format on a 2-year cycle. Alternatively, the Secretariat 
can propose a new standard or amendments to existing standards.
    Step 2: After review by the Standards Committee and the Strategic 
Planning and Technical Assistance Working Group, a summary of proposals 
is submitted by the Secretariat to the CPM. The CPM identifies the 
topics and priorities for standard setting from among the proposals 
submitted to the Secretariat and others that may be raised by the CPM.
    Step 3: Specifications for the standards identified as priorities 
by the CPM are drafted by the Standards Committee. The draft 
specifications are subsequently made available to members and RPPOs for 
comment (60 days). Comments are submitted in writing to the 
Secretariat. Taking into account the comments, the Standards Committee 
finalizes the specifications.
    Step 4: The standard is drafted or revised in accordance with the 
specifications by a working group designated by the Standards 
Committee. The resulting draft standard is submitted to the Standards 
Committee for review.
    Step 5: Draft standards approved by the Standards Committee are 
distributed to members by the Secretariat and RPPOs for consultation 
(100 days). Comments are submitted in writing to the Secretariat. Where 
appropriate, the Standards Committee may establish open-ended 
discussion groups as forums for further comment. The Secretariat 
summarizes the comments and submits them to the Standards Committee.
    Step 6: Taking into account the comments, the Secretariat, in 
cooperation with the Standards Committee, revises the draft standard. 
The Standards Committee submits the final version to the CPM for 
adoption.
    Step 7: The ISPM is established through formal adoption by the CPM 
according to Rule X of the Rules of Procedure of the CPM.
    Step 8: Review of the ISPM is completed by the specified date or 
such other date as may be agreed upon by the CPM.
    Each member country is represented on the CPM by a single delegate. 
Although experts and advisors may accompany the delegate to meetings of 
the CPM, only the delegate (or an authorized alternate) may represent 
each member country in considering a standard up for approval. Parties 
involved in a vote by the CPM 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. The United States also has a representative on the Standards 
Committee. In addition, documents and positions developed by APHIS and 
NAPPO have been sources of significant input for many of the standards 
adopted to date. This notice describes each of the IPPC standards 
currently under consideration or up for adoption. The full text of each 
standard will be available on the Internet at http://www.aphis.usda.gov/import_export/plants/plant_exports/draft_standards_4_ comment.shtml. Interested individuals may review the 
standards posted on this Web site and submit comments via the Web site.
    The next CPM meeting is scheduled for March 30-April 3, 2009, at 
FAO Headquarters in Rome, Italy. The Deputy Administrator for APHIS' 
PPQ program is the U.S. delegate to the CPM. The Deputy Administrator 
intends to participate in the proceedings and will discuss or comment 
on APHIS' position on any standards up for adoption. The agenda for the 
Fourth Session of the Commission of Phytosanitary Measures is as 
follows:

1. Opening of the session
2. Adoption of the agenda
3. Election of the Rapporteur
4. Report by the CPM chairperson
5. Report by the Secretariat
6. Report of the technical consultation among RPPOs
7. Report of observer organizations
8. Goal 1: A robust international standard-setting and implementation 
programme
    8.1 Report by the chairperson of the

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Standards Committee
    8.2 Adoption of international standards--under the regular process
    8.3 Adoption of international standards--under the special-track 
process
    8.4 IPPC standard-setting work programme (with proposed 
adjustments)
9. Goal 2: Information exchange systems appropriate to meet IPPC 
obligations
    9.1 Proposed work programme for 2009
10. Goal 3: Effective dispute settlement systems
    10.1 Report of the chairperson of the Subsidiary Body on Dispute 
Settlement
11. Goal 4: Improved phytosanitary capacity of members
12. Goal 5: Sustainable implementation of the IPPC
    12.1 Report of the third meeting of the Strategic Planning and 
Technical Assistance (SPTA) group
    12.2 IPPC/CPM activities
    12.2.1 State of membership to the IPPC
    12.2.2 Acceptance of documents in electronic format
    12.3 Update to the Business Plan 2008-2011
    12.4 Financial report and budget
    12.4.1 Financial report 2008
    12.4.2 Financial report 2008 for the Trust Fund for the IPPC
    12.4.3 CPM Operational Plan for 2009
    12.4.4 Budget 2009 for the Trust Fund for the IPPC
    12.5 Proposal for the adoption of CPM recommendations
13. Goal 6: International promotion of the IPPC and cooperation with 
relevant regional and international organizations
    13.1 Report on the international promotion of the IPPC and 
cooperation with relevant regional and international organizations
14. Goal 7: Review of the status of plant protection in the world
15. Election of the Bureau
16. Membership of CPM subsidiary bodies
17. Calendar
18. Other business
19. Date and venue of the next meeting
20. Adoption of the report

IPPC Standards Adopted at the CPM-3 Session in 2008

1. Establishment of Areas of Low Pest Prevalence for Fruit Flies 
(Tephritidae)

    This standard provides guidelines for the establishment and 
maintenance of areas of low pest prevalence for fruit flies of economic 
importance (including places and sites of production of low pest 
prevalence) for use as a risk mitigation measure to facilitate trade of 
fruits and vegetables. The decision to create a fruit fly area of low 
pest prevalence (FF-ALPP) for export of a particular host of fruit fly 
is closely linked to trade opportunities and to economic and 
operational feasibility.

2. Sampling of Consignments

    This standard provides guidance to NPPOs in selecting appropriate 
sampling methodologies for inspection or testing of consignments to 
verify compliance with phytosanitary requirements. The standard 
provides a statistical basis for inspection of consignments of 
regulated articles moving in trade.

3. Amendments to ISPM No. 5 (Glossary of Phytosanitary Terms)

    A. The following term and definition has been adopted to the 
Glossary of phytosanitary terms in ISPM No. 5:
     Bark: The layer of a woody trunk, branch or root outside 
the cambium.
    B. The following terms and definitions have been revised in the 
Glossary:
     Bark-free wood: Wood from which all bark, except ingrown 
bark around knots and bark pockets between rings of annual growth, has 
been removed.
     Debarked wood: Wood that has been subjected to any process 
that results in the removal of bark (debarked wood is not necessarily 
bark-free wood).
    C. The following terms have been deleted from the Glossary:
     Authority
     Biological pesticide (biopesticide)
     Classical biological control
     Establishment (of a biological control agent)
     Exotic
     Import Permit (of a biological control agent)
     Introduction (of a biological agent)
     Micro-organism
     Specificity

4. IPPC ISPM Recommendation No. 1: National Strategies for Replacing or 
Reducing the Use of Methyl Bromide as a Phytosanitary Measure

    IPPC Recommendation No. 1 provides guidance to NPPOs on the 
replacement of or reduction in the use of methyl bromide (MB) as a 
phytosanitary measure in order to reduce emissions of MB. With the 
overall aim of reducing release of MB into the atmosphere, NPPOs may 
consider methods of reducing the quantities of MB used, reducing MB 
emissions by physical means, and promoting and implementing 
phytosanitary measures that are economically and technically feasible 
as viable alternatives to the use of MB. This IPPC Recommendation also 
provides guidance on recording the use of MB and encourages NPPOs to 
share data with the country's National Ozone Unit (the national body 
responsible for the implementation of the Montreal Protocol).

IPPC Standards Up for Adoption in 2009

    It is expected that the following standards will be sufficiently 
developed to be considered by the CPM for adoption at its 2009 meeting. 
The United States, represented by APHIS' Deputy Administrator for PPQ, 
will participate in consideration of these standards. The U.S. position 
on each of these issues will be developed prior to the CPM session and 
will be based on APHIS' analysis, information from other U.S. 
Government agencies, and relevant scientific information from 
interested stakeholders.

1. Structure and Operation of Post-Entry Quarantine Facilities

    This standard describes general guidelines for the design and 
operation of post-entry quarantine (PEQ) facilities for holding 
consignments of plants in containment. Four levels of containment are 
specified. For all PEQ containment levels, an operating procedures 
manual should show how the PEQ facility meets the containment 
requirements.

2. Pest-Free Potato Micropropagative Material and Minitubers for 
International Trade

    This standard will provide guidance on the production, maintenance, 
and certification of pest-free potato (Solanum spp.) micropropagative 
material and minitubers intended to be moved in international trade. 
This standard does not apply to movement of field-grown seed potatoes 
intended for consumption or processing.

3. Categorization of Commodities According to Their Phytosanitary Risk

    This standard will provide guidance for contracting parties on how 
to categorize commodities according to their phytosanitary risk when 
considering import requirements. This categorization could be useful in 
identifying whether further analysis is required.
    The first stage of categorization is based on whether the commodity 
has been processed and, if so, the method and degree of processing to 
which the commodity has been subjected before

[[Page 43681]]

export. A second stage of categorization of commodities is based on 
their intended use after import.
    Contaminating pests or storage pests that may become associated 
with the commodity after processing are not considered in this 
standard.

4. Regulating Wood Packaging Material in International Trade: Revision 
of ISPM No. 15

    This standard describes phytosanitary measures that reduce the risk 
of introduction and/or spread of quarantine pests associated with the 
movement in international trade of wood packaging material made from 
raw wood. Wood packaging material covered by this standard includes 
dunnage but excludes wood packaging made from wood processed in such a 
way that it is free from pests.
    Measures described in this standard are not intended to provide 
ongoing protection from contaminating pests or other organisms.

5. Amendments to ISPM No. 5 (Glossary of Phytosanitary Terms):

    A. The following terms and definitions will be proposed for 
addition to the Glossary of phytosanitary terms in ISPM No. 5:
     Incidence (of a pest): Proportion or number of units in a 
sample, consignment, field or other defined population that is affected 
by a pest.
     Tolerance level (of a pest): Incidence of a pest that is a 
threshold for action to control that pest or to prevent its spread or 
introduction.
     Phytosanitary security (of a consignment): Maintenance of 
the integrity of a consignment and prevention of its infestation and 
contamination by regulated pests through the application of appropriate 
phytosanitary measures.
     Corrective action plan (in an area): Documented plan of 
phytosanitary actions to be implemented if a pest is detected or a 
specified pest level is exceeded in an area officially delimited for 
phytosanitary purposes.
    B. The following terms will be proposed for revision:
     Compliance procedure (for a consignment): Official 
procedure used to verify that a consignment complies with phytosanitary 
import requirements or phytosanitary measures related to transit.
     Intended use: Declared purpose for which plants, plant 
products, or other articles are imported, produced, or used.
     Reference specimen: Specimen (which may be a culture) from 
a population of a specific organism conserved in an accessible 
collection, for the purpose of identification, verification or 
comparison.

6. Terminology of the Convention of Biological Diversity in Relation to 
the Glossary of Phytosanitary Terms: Draft Supplement to ISPM No. 5 
(Glossary of Phytosanitary Terms)

    In order to address initiatives within the IPPC regarding the 
protection of the environment and of biological diversity in relation 
to the introduction and spread of non-indigenous species, relevant 
terminology concerning the environment and biological diversity for use 
in ISPMs is needed. The Convention on Biological Diversity (CBD) has 
proposed a number of such terms and definitions in the framework of its 
``guiding principles for the prevention, introduction and mitigation of 
impacts of alien species that threaten ecosystems, habitats or 
species.'' Attempts to incorporate these terms into IPPC language for 
the Glossary have proven unsuccessful due to conceptual differences, 
therefore the CBD's terms are explained in this supplement.

7. Fruit Fly Trapping: Annex 1 to ISPM No. 26 (Establishment of Pest 
Free Areas for Fruit Flies (Tephritidae))

    This annex provides detailed information for trapping surveys under 
different scenarios of pest population and control situations for 
different fruit fly species (Tephritidae) of economic importance. 
Different trapping systems and procedures should be used depending on 
the fruit fly status of the target area, which can be either an 
infested area, an area of low pest prevalence (ALPP), or a pest-free 
area (PFA). The information in this annex can therefore be applied to 
other ISPMs relating to fruit flies. The annex describes the most 
widely used trapping systems and procedures, although others are 
available that may obtain equivalent results for fruit fly surveys.

New Standard-Setting Initiatives, Including Those in Development

    A number of expert working group meetings or other technical 
consultations will take place during 2008 and 2009 on the topics listed 
below. These standard-setting initiatives are under development and may 
be considered for future adoption. APHIS intends to participate 
actively and fully in each of these working groups. The U.S. position 
on each of the topics to be addressed by these various working groups 
will be developed prior to these working group meetings and will be 
based on APHIS' technical analysis, information from other U.S. 
Government agencies, and relevant scientific information from 
interested stakeholders.

1. Preclearance for Regulated Articles

    This standard will provide guidance on the justification, 
establishment, reviewing, phasing out, and terminating of pre-clearance 
arrangements and offer a model framework for pre-clearance programs 
(where justified), including criteria for terminating pre-clearance 
arrangements in favor of other phytosanitary measures.

2. Systems Approach(es) for Pest Risk Management of Fruit Flies 
(Tephritidae)

    This standard will provide guidelines for the establishment and use 
of systems approach(es) as an option for pest risk management of fruit 
flies to facilitate trade of fruits. The standard applies to fruit 
flies (Tephritidae) of economic importance.

3. Systems Approach for Managing Pest Risks Associated With the 
International Trade of Plants for Planting

    This standard will provide guidelines for the development and 
evaluation of a systems approach as an option for pest risk management 
of the production and international movement of plants for planting 
(excluding seeds) in commercial trade.

4. International Movement of Wood

    This standard will provide guidelines for risk management for raw 
(green) and treated wood and wood products moving in international 
trade through the application of phytosanitary measures. The standard 
will not apply to wood packaging material, which would remain wholly 
within the scope of ISPM No. 15.

5. Soil and Growing Media

    This standard will provide guidance for the evaluation of risks 
associated with soil and growing media and describe phytosanitary 
integrated measures in a systems approach to manage the hazards of soil 
attached to imported plants from the country of origin upon arrival.

6. Revision of ISPMs 7 (Export Certification System) and 12 (Guidelines 
for Phytosanitary Certificates)

    Existing ISPMs No. 7 and 12 have been reviewed for amendment to 
provide specific guidance on the procedures, which cover technical, 
legal, administrative and operational aspects, including export issues 
related to re-export and consignment in transit.

[[Page 43682]]

7. New Diagnostic Protocols in Draft Form

    The following diagnostic protocols have been developed by the 
Technical Panel on Diagnostic Protocols and are in draft form: Erwinia 
amylovora; Xanthomonas axonopodis pv. citri; Liberibacter spp.; 
Xanthomonas fragariae; Phytophthora ramorum; Anastrepha spp.; 
Bursaphelenchus xylophilus; Ditylenchus destructor/D. dipsaci; Plum pox 
virus; and Topoviruses (TSWV, INSV, WSMV).
    For more detailed information on the above topics, which will be 
addressed by various working groups established by the CPM, contact Ms. 
Julie E. Aliaga (see FOR FURTHER INFORMATION CONTACT above).
    APHIS posts draft standards on the Internet (http://www.aphis.usda.gov/import_export/plants/plant_exports/draft_standards_4_comment.shtml) as they become available and provides 
information on the due dates for comments. Additional information on 
IPPC standards is available on the IPPC Web site at http://www.ippc.int/IPP/En/default.htm. For the most current information on 
official U.S. participation in IPPC activities, including U.S. 
positions on standards being considered, contact Ms. Julie Aliaga (see 
FOR FURTHER INFORMATION CONTACT above). Those wishing to provide 
comments on any of the areas of work being undertaken by the IPPC may 
do so at any time by responding to this notice (see ADDRESSES above) or 
by providing comments through Ms. Aliaga.

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 officials in 
Canada, Mexico, and the United States, who may suggest revisions. In 
the United States, draft standards are circulated to industry, States, 
and various government agencies for consideration and comment. The 
draft standards are posted on the Internet at http://www.aphis.usda.gov/import_export/plants/plant_exports/draft_standards_4_comment.shtml. 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 21-24, 2008, in 
Guadalajara, Mexico. The NAPPO Executive Committee meeting will take 
place on October 20, 2008, and a session will be held on October 21, 
2008, to solicit comments from industry groups so that suggestions can 
be incorporated into the NAPPO workplan for the 2009 NAPPO year. The 
Associate Deputy Administrator for PPQ is a member of the NAPPO 
Executive Committee. The Associate Deputy Administrator intends to 
participate in the proceedings and will discuss or comment on APHIS' 
position on any standard up for adoption or any proposals to develop 
new standards.
    The work plan for 2008 was established after the October 2007 
Annual Meeting in St. John's, Newfoundland, Canada. The Associate 
Deputy Administrator for PPQ participated in establishing this NAPPO 
work plan (see panel assignments below). Below is a summary of current 
panel assignments as they relate to the ongoing development of NAPPO 
standards. The United States (i.e., USDA/APHIS) intends to participate 
actively and fully in the work of each of these panels. The U.S. 
position on each topic will be guided and informed by the best 
scientific information available on each of these topics. For each of 
the following panels, the United States will consider its position on 
any draft standard after it reviews a prepared draft. Information 
regarding the following NAPPO panel topics, assignments, activities, 
and updates on meeting times and locations may be obtained from the 
NAPPO homepage at http://www.nappo.org or by contacting Ms. Julie E. 
Aliaga (see FOR FURTHER INFORMATION CONTACT above).

1. Accreditation Panel

    The panel conducted an in-depth audit of the Mexican system to 
comply with RSPM No. 8 (The Accreditation of Individuals to Sign 
Federal Phytosanitary Certificates). It will develop a regional 
phytosanitary standard on authorization to perform other phytosanitary 
procedures (e.g., inspection, testing, and treatments).

2. Biological Control Panel

    The panel will develop a list of approved biological control agents 
for importation into NAPPO countries and has developed guidelines for 
the importation and release of non-Apis pollinating insects into NAPPO 
countries.

3. Biotechnology Panel

    The panel will revise RSPM 14 (Importation and Release into the 
Environment of Transgenic Plants in NAPPO Member Countries) by 
consolidating Modules 1-3 into a single standard that provides clear 
guidance on risk assessment for transgenic plants for any intended use 
(e.g., movement, confined release, unconfined release, and non-
propagative use). It will develop a discussion paper on emerging issues 
related to transgenic products that could pose a risk to plant health 
(e.g., pharmaceutical plants or trees, or other perennials) and 
determine the feasibility of developing regional standards.

4. Citrus Panel

    The panel convened a NAPPO workshop on Citrus Greening 
(Huanglongbing disease) in May 2008, and invited the participation of 
regional and international experts to exchange the latest research and 
regulatory information. The panel has revised RSPM 16 (Guidelines for 
the Importation of Citrus Propagative Material into a NAPPO Member 
Country), and updated annexes.

5. Electronic Phytosanitary Certification Panel

    The panel will exchange information as NPPOs of NAPPO countries 
complete their systems (e.g., security, documentation) to receive 
electronic phytosanitary certificate information; participate in other 
international fora on electronic certification (e.g., UN-CEFACT, IPPC, 
etc.); and initiate the pilot project for electronic phytosanitary 
certification within the NAPPO region.

6. Forestry Panel

    The panel has drafted a NAPPO standard on preventing the entry of 
Asian Gypsy Moth (AGM) into North America; will develop a NAPPO 
strategy for dealing with ongoing problems related to wood packaging 
that does not comply with ISPM No. 15 (Guidelines for regulating wood 
packaging material in international trade); develop a harmonized report 
of wood packaging compliance to post on the NAPPO Web site; and 
determine the need to establish a NAPPO standard for the regulatory

[[Page 43683]]

control of wooden handcrafts and outdoor furniture.

7. Fruit Panel

    This panel has developed a NAPPO standard on determination and 
designation of host status of a commodity for fruit flies; will develop 
guidelines to determine the host range and adaptability of Rhagoletis 
spp. in the NAPPO region; prepare a specific case study to apply ISPM 
No. 10 (Requirements for the establishment of pest free places of 
production and pest free production sites); provide training on PCR 
techniques for identification of the Mediterranean fruit fly, Ceratitis 
capitata; provide training on identification of Bactrocera spp. using 
classical systematics (morphological characters); and evaluate and 
recommend NAPPO diagnostic protocols and treatments.

8. Fruit Tree Panel

    The panel will review the text of RSPM No. 25 (Guidelines for 
International Movement of Pome and Stone Fruit Trees into a NAPPO 
Member Country) and make any necessary changes to accommodate 
bacterial, fungal, insect and nematode pests; complete the insect and 
nematode annexes to RSPM No. 25; collaborate with the Grapevine Panel 
to develop a proposal for a diagnostic workshop on fruit tree and 
grapevine pests; and evaluate and recommend NAPPO diagnostic protocols 
and treatments.

9. Grains Panel

    The panel has developed a strategic plan for NAPPO countries to 
prepare for the potential arrival of new races of black stem rust, 
e.g., Puccinia graminis f. sp. tritici race TTKS, in accordance with 
the framework developed in 2006/2007 and the pest fact sheet prepared 
by the NAPPO Pest Risk Analysis Panel; and will evaluate and recommend 
NAPPO diagnostic protocols and treatments.

10. Grapevine Panel

    The panel will complete the annexes concerning bacteria, fungi, and 
significant arthropod and nematode pests of grapevines for RSPM No. 15 
(Guidelines for the Importation of Grapevines into a NAPPO Member 
Country); review and make required changes to the annex on viruses in 
RSPM No. 15; develop, in collaboration with the Fruit Tree Panel, a 
proposal for a diagnostic workshop on fruit tree and grapevine pests; 
and evaluate and recommend NAPPO diagnostic protocols and treatments.

11. Invasive Species Panel

    The panel will complete the position paper describing NAPPO's role 
regarding invasive species; has developed the NAPPO standard for 
evaluating the invasiveness of plants for planting (screening tool) and 
the NAPPO standard for identifying and prioritizing pest introduction 
pathways (pathway analysis); and will continue outreach efforts to 
other national and international organizations in North America, 
particularly those related to the environment.

12. Pest Risk Analysis Panel

    This panel will develop a NAPPO fact sheet on P. ramorum; collate a 
list of information requirements in order to conduct a NAPPO Pest Risk 
Assessment (PRA) on the AGM (Lymantria dispar); conduct a NAPPO PRA on 
AGM in collaboration with the NAPPO Forestry Panel; provide support, as 
required, to the Grains Panel to develop a strategic plan to deal with 
new races of black stem rust (Puccinia graminis) in North America; 
provide support, as required, to the Fruit Panel to develop guidelines 
to determine the host range and adaptability of Rhagoletis spp. in the 
NAPPO region; and participate in the NAPPO Citrus Greening 
(Huanglongbing disease) workshop.

13. Phytosanitary Alert System Panel

    The panel will continue to post timely pest alerts on the NAPPO Web 
site; determine ways to improve official pest reporting through the 
Phytosanitary Alert System (template, linkages, etc.); continue 
outreach efforts (including the NAPPO newsletter); and conduct an 
ongoing review of the Phytosanitary Alert Web page.

14. Plants for Planting

    The panel will identify the constraints and recommend solutions for 
the implementation of RSPM No. 24 (Integrated Pest Risk Management 
Measures for the Importation of Plants for Planting in NAPPO Member 
Countries); draft guidelines, in collaboration with the NAPPO 
Accreditation Panel, for the authorization of auditors involved in the 
implementation of RSPM No. 24; review the use of terms (e.g., 
certification, authorization) for consistency with the IPPC and ISPMs; 
and participate in IPPC activities related to the international 
standard on plants for planting.

15. Potato Panel

    This panel will identify requirements for recognition of pest-free 
areas, pest-free places of production and pest-free production sites 
for Globodera pallida and G. rostochiensis; conduct the required five-
year review of RSPM No. 3 (Requirements for the Importation of Potatoes 
into a NAPPO Member Country); determine the accuracy of RSPM No. 3, 
Annex 5 (Pre-shipment Testing for PVYn), based on the current knowledge 
of the North American PVY complex; collaborate with the European PPO on 
harmonizing requirements for mini-tuber, micro-tuber, and mini-plantlet 
production; and evaluate and recommend NAPPO diagnostic protocols and 
treatments.

16. Standards Panel

    The panel will coordinate the review of new and amended NAPPO 
standards and implementation plans; exchange and discuss comments on 
draft ISPMs within NAPPO and with other RPPOs to build consensus on 
draft ISPMs and other IPPC-related issues, as appropriate; review draft 
RSPMs prepared by panels and make recommendations on their suitability 
for adoption by the Executive Committee; and review NAPPO position 
papers and policy documents to verify current relevance.
    The PPQ Associate Deputy Administrator, as the official U.S. 
delegate to NAPPO, intends to participate in the adoption of these 
regional plant health standards, including the work described above, 
once they are completed and ready for such consideration.
    The information in this notice contains 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 may become available following publication of this 
notice, go to the NAPPO Web site on the Internet at http://www.nappo.org or contact Ms. Julie Aliaga (see FOR FURTHER INFORMATION 
CONTACT above). Information on official U.S. participation in NAPPO 
activities, including U.S. positions on standards being considered, may 
also be obtained from Ms. Aliaga. Those wishing to provide comments on 
any of the topics being addressed by any of the NAPPO panels may do so 
at any time by responding to this notice (see ADDRESSES above) or by 
transmitting comments through Ms. Aliaga.

    Done in Washington, DC, this 22nd day of July 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E8-17216 Filed 7-25-08; 8:45 am]
BILLING CODE 3410-34-P