Comment from Jimmie Powell, The Nature Conservancy

Document ID: APHIS-2005-0103-0009
Document Type: Public Submission
Agency: Animal And Plant Health Inspection Service
Received Date: June 05 2006, at 01:29 PM Eastern Daylight Time
Date Posted: June 5 2006, at 12:00 AM Eastern Standard Time
Comment Start Date: April 4 2006, at 07:20 AM Eastern Standard Time
Comment Due Date: June 5 2006, at 11:59 PM Eastern Standard Time
Tracking Number: 80181666
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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.

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Attachment to APHIS-2005-0103-0009

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Attachment to APHIS-2005-0103-0009

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Comment from Jimmie Powell, The Nature Conservancy
Public Submission    Posted: 06/05/2006     ID: APHIS-2005-0103-0009

Jun 05,2006 11:59 PM ET