On behalf of The Nature Conservancy, I offer comments regarding the Animal and
Plant Health Inspection Service?s (APHIS) proposed rule to guide the Agency?s
consideration of a special needs exemption request (hereinafter Special Needs
Request) under the Plant Protection Act.
Generally, we support the Agency?s issuance of a rule to define criteria under
which the Agency will grant a Special Needs Request. We hope this will allow
expedited, transparent review and granting of states? and local entities? Special
Needs Requests. Additionally we encourage APHIS to use this rulemaking
opportunity to articulate the Agency?s intent to coordinate with and assist states
in enforcing the states? more stringent phytosanitary standards where they exist.
However, as explained in the following comments we urge APHIS to make the
following changes to its proposed rule:
? Facilitate expedient review and action on a Special Needs Request by
providing notice of APHIS consideration of a Special Needs Request as an interim
rule, not a proposed action, and by providing mandatory deadlines for Agency
response to the Request;
? delete proposed language requiring that subdivisions of States (such
as a county) act only through the State, and instead implement the Plant
Protection Act?s broader exemption that allows political subdivisions to make
requests to APHIS directly;
? articulate the agency?s process in circumstances where insufficient
evidence may be present, and to provide additional guidance regarding the
quantity and quality of data required by the Agency to support a Special Needs
Request;
? employ the agency?s existing authority to regulate pathways of pest
and pathogen conveyance;
? clarify the burden of proof required to support a Special Needs
Request; and
? reject proposals to require inclusion of additional criteria that require
the state or political subdivision making a Special Needs Request to additionally
attempt to assess the effects of its action on neighboring states.
We hope you will look favorably on our suggestions and include them in your final
rule to allow the Special Needs Request exemption to be available to protect
states and local entities from new invasive plants or associated pests, as
Congress intended. The full copy of our comments is attached in a PDF format
for your consideration.
Comment from Jimmie Powell, The Nature Conservancy
This is comment on Proposed Rule
Special Need Requests Under the Plant Protection Act
View Comment
Attachments:
Attachment to APHIS-2005-0103-0009
Title:
Attachment to APHIS-2005-0103-0009
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