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

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

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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

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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

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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]

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