[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
