Export Certification for Wood Packaging Material, 35915-35917 [E7-12770]
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Federal Register / Vol. 72, No. 126 / Monday, July 2, 2007 / Rules and Regulations
manually from a sample of the fruit as
the fruit is loaded for in-transit cold
treatment to verify that precooling was
completed. If the pulp temperatures for
the sample are 0.28 °C (0.5 °F) or more
above the temperature at which the fruit
will be treated, the pallet from which
the sample was taken will be rejected
and returned for additional precooling
until the fruit reaches the treatment
temperature. If fruit is precooled in the
treatment enclosure, or if treatment is
conducted at a cold treatment facility in
the United States, the fruit must be
precooled to the temperature at which it
will be treated, as verified by an official
authorized by APHIS, prior to beginning
treatment.
(4) Breaks, damage, etc., in the
treatment enclosure that preclude
maintaining correct temperatures must
be repaired before the enclosure is used.
An official authorized by APHIS must
approve loading of compartment,
number and placement of temperature
probes or sensors, and initial fruit
temperature readings before beginning
the treatment. Hanging decks and hatch
coamings within vessels may not be
used as enclosures for in-transit cold
treatment without prior written
approval from APHIS. Double-stacking
of pallets is not allowed.
(5) Only the same type of fruit in the
same type of package may be treated
together in a container; no mixture of
fruits in containers may be treated. A
numbered seal must be placed on the
doors of the loaded container and may
be removed only at the port of
destination by an official authorized by
APHIS.
(6) Temperature recording devices
used during treatment must be
password-protected and tamperproof.
The devices must be able to record the
date, time, sensor number, and
temperature during all calibrations and
during treatment. If records of
calibrations or treatments are found to
have been manipulated, the vessel or
container in which the treatment is
performed may be suspended from
conducting cold treatments until proper
equipment is installed and an official
authorized by APHIS has recertified it.
APHIS’ decision to recertify a vessel or
container will take into account the
severity of the infraction that led to
suspension.
(7) A minimum of four temperature
probes or sensors is required for vessel
holds used as treatment enclosures. A
minimum of three temperature probes
or sensors is required for other
treatment enclosures. An official
authorized by APHIS will have the
option to require that additional
temperature probes or sensors be used,
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19:58 Jun 29, 2007
Jkt 211001
depending on the size of the treatment
enclosure.
(8) Fruit pulp temperatures must be
maintained at the temperature specified
in the treatment schedule with no more
than a 0.39 °C (0.7 °F) variation in
temperature between two consecutive
hourly readings. Failure to comply with
this requirement will result in
invalidation of the treatment unless an
official authorized by APHIS can verify
that the pulp temperature was
maintained at or below the treatment
temperature for the duration of the
treatment.
(9) The time required to complete the
treatment begins when all temperature
probes reach the prescribed cold
treatment schedule temperature.
(10) Temperatures must be recorded
at intervals no longer than 1 hour apart.
Gaps of longer than 1 hour will
invalidate the treatment or indicate
treatment failure unless an official
authorized by APHIS can verify that the
pulp temperature was maintained at or
below the treatment temperature for the
duration of the treatment.
(11) Cold treatment is not completed
until so declared by an official
authorized by APHIS or the certifying
official of the foreign country;
shipments of treated commodities may
not be discharged until APHIS clearance
has been fully completed, including
review and approval of treatment record
charts.
(12) Cold treatment of fruits in break
bulk vessels or containers must be
initiated by an official authorized by
APHIS if there is not a treatment
technician who has been trained to
initiate cold treatments for either break
bulk vessels or containers.
(13) An official authorized by APHIS
may perform audits to ensure that the
treatment procedures comply with the
regulations in this subpart. The official
authorized by APHIS must be given the
appropriate materials and access to the
facility, container, or vessel necessary to
perform the audits.
Done in Washington, DC, this 26th day of
June 2007.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E7–12768 Filed 6–29–07; 8:45 am]
BILLING CODE 3410–34–P
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35915
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 353
[Docket No. APHIS–2006–0122]
RIN 0579–AC43
Export Certification for Wood
Packaging Material
Animal and Plant Health
Inspection Service, USDA.
ACTION: Interim rule and request for
comments.
AGENCY:
SUMMARY: We are amending the export
certification regulations to clarify that
an International Standards for
Phytosanitary Measures No. 15 (ISPM
15) quality/treatment mark is an
industry-issued certificate within the
meaning of 7 CFR part 353 and thus
may only be issued when the
organization applying the certification
mark has entered into an agreement
with the Animal and Plant Health
Inspection Service. We are also
removing all references to a certificate of
heat treatment from the regulations
because those certificates have been
replaced by the ISPM 15 quality/
treatment mark. These changes are
necessary in order to ensure the
appropriate issuance of the ISPM 15
quality/treatment mark.
DATES: This interim rule is effective July
2, 2007. We will consider all comments
that we receive on or before August 31,
2007.
ADDRESSES: You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov, select
‘‘Animal and Plant Health Inspection
Service’’ from the agency drop-down
menu, then click ‘‘Submit.’’ In the
Docket ID column, select APHIS–2006–
0122 to submit or view public
comments and to view supporting and
related materials available
electronically. Information on using
Regulations.gov, including instructions
for accessing documents, submitting
comments, and viewing the docket after
the close of the comment period, is
available through the site’s ‘‘User Tips’’
link.
• Postal Mail/Commercial Delivery:
Please send four copies of your
comment (an original and three copies)
to Docket No. APHIS–2006–0122,
Regulatory Analysis and Development,
PPD, APHIS, Station 3A–03.8, 4700
River Road Unit 118, Riverdale, MD
20737–1238. Please state that your
E:\FR\FM\02JYR1.SGM
02JYR1
35916
Federal Register / Vol. 72, No. 126 / Monday, July 2, 2007 / Rules and Regulations
comment refers to Docket No. APHIS–
2006–0122.
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
https://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Mr.
John Tyrone Jones II, Export Specialist,
Phytosanitary Issues Management Team,
PPQ, APHIS, 4700 River Road Unit 140,
Riverdale, MD 20737–1231; (301) 734–
8860.
SUPPLEMENTARY INFORMATION:
pwalker on PROD1PC71 with RULES
Background
The export certification regulations in
7 CFR part 353 (referred to below as the
regulations) contain provisions for
export certification of plant and plant
products. The export certification
program does not require certification of
any exports, but does provide for
certification of plants and plant
products as a service to exporters. After
assessing the phytosanitary condition of
the plants or plant products intended
for export relative to the receiving
country’s regulations, an inspector
issues an internationally recognized
phytosanitary certificate (PPQ Form
577), a phytosanitary certificate for
reexport (PPQ Form 579), an export
certificate for processed plant products
(PPQ Form 578), or a certificate of heat
treatment (PPQ Form 553), if warranted.
The regulations in § 353.7(d) also
provide for industry-issued certification
of certain plant products under the
terms of a written agreement between
the concerned agricultural or forestry
company and Animal and Plant Health
Inspection Service (APHIS). Each
agreement specifies the articles subject
to the agreement and the measures
necessary to prevent the introduction of
specified plant pests into the foreign
countries specified in the agreement.
One form of an industry-issued
certificate that is being issued under
these regulations is an approved
international quality/treatment mark
that certifies wood packaging material
as having been either heat treated or
fumigated with methyl bromide in
accordance with the guidelines
contained in International Standards for
VerDate Aug<31>2005
19:58 Jun 29, 2007
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Phytosanitary Measures No. 15 (ISPM
15), ‘‘Guidelines for Regulating Wood
Packaging Material in International
Trade.’’ ISPM 15 is a standard that
describes the application of
phytosanitary measures to reduce the
risk of introduction and dissemination
of quarantine pests associated with
wood packaging material (including
dunnage) made of coniferous and nonconiferous raw wood that is in use in
international trade.
As the national plant protection
organization (NPPO) of the United
States, APHIS is responsible for ISPM
15 certification of wood packaging
material that is exported from the
United States. As provided for under the
regulations in § 353.7(d), APHIS
currently has agreements with two
private organizations to issue
certificates of compliance with ISPM 15
for wood packaging material for export.
Certification of compliance with ISPM
15 comes in the form of a quality/
treatment mark that is applied to each
regulated article.
Since the adoption of ISPM 15, we
have encountered several cases where
private firms have developed and
applied ISPM 15 quality/treatment
marks to wood packaging material for
export without entering into an
agreement with APHIS and, it appears,
without applying the treatments that are
required under ISPM 15. These
companies have developed a mark
similar to what is described and
pictured in ISPM 15 and are using this
mark outside of the export certification
regulatory program. Although we
acknowledge that the regulations do not
explicitly state that the certification of
compliance with ISPM 15 (the mark) is
an industry-issued certificate, this
practice is clearly not in conformity
with the purpose and intent of the
regulations.
In order to ensure integrity of our
export certification program and to
fulfill our responsibilities under the
Plant Protection Act and our
international obligations as the NPPO of
the United States, we are amending the
regulations in part 353 to make it clear
that certificates of compliance with
ISPM 15 are industry-issued certificates
and thus may only be issued when the
person, company, or entity applying the
certification mark has first entered into
a written agreement with APHIS and
applies the mark in accordance with all
applicable requirements. Specifically,
we are amending § 353.1, the definition
for industry-issued certificate; § 353.2;
and § 353.7(d) by adding the following
sentence to each: ‘‘An industry-issued
certificate includes an ISPM 15 quality/
treatment mark.’’
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Now that the ISPM 15 quality/
treatment mark is the international
standard for confirming that wood
packaging material has been treated, we
no longer issue a certificate of heat
treatment (PPQ Form 553). This form is,
therefore, obsolete, so we are amending
the regulations to remove all references
to PPQ Form 553.
Immediate Action
Immediate action is necessary to
ensure the integrity of our export
certification program and to fulfill our
responsibilities under the Plant
Protection Act and our international
obligations as the NPPO for the United
States. Under these circumstances, the
Administrator has determined that prior
notice and opportunity for public
comment are contrary to the public
interest and that there is good cause
under 5 U.S.C. 553 for making this
action effective less than 30 days after
publication in the Federal Register.
We will consider comments we
receive during the comment period for
this interim rule (see DATES above).
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.
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.
We are amending the export
certification regulations to clarify that
an ISPM 15 quality/treatment mark is an
industry-issued certificate within the
meaning of our export certification
regulations and thus may only be issued
when the organization applying the
certification mark has entered into an
agreement with APHIS and applies the
mark in accordance with all applicable
requirements. We are also removing all
references to a certificate of heat
treatment from the regulations because
those certificates have been replaced by
the ISPM 15 quality/treatment mark.
These changes are necessary in order to
ensure the appropriate issuance of the
ISPM 15 quality/treatment mark.
The pallet industry in the United
States is characterized by many small
firms and a few larger firms. No one
firm is able to dominate the market. U.S.
Census data show that there are
approximately 3,000 firms in the wood
pallet and container industry. Other
estimates of the number of firms in the
E:\FR\FM\02JYR1.SGM
02JYR1
Federal Register / Vol. 72, No. 126 / Monday, July 2, 2007 / Rules and Regulations
pwalker on PROD1PC71 with RULES
industry range up to 3,500 pallet
manufacturers in the U.S. National
Wooden Pallet and Container
Association. Most firms sell their
products within a 350-mile radius. The
average number of employees is fewer
than 20. Thirty-two percent of the firms
had fewer than five employees. The
average yearly sales were $1.7 million.
The Small Business Administration
(SBA) classifies wood container and
pallet manufacturers as small businesses
if they have fewer than 500 employees.
According to the U.S. Census Bureau,
2002 Economic Census (the most recent
one available), all pallet manufacturers
are considered small businesses. In
2002, there were 2,948 establishments
that produced wooden containers and
pallets employing 51,003 persons. The
total value of shipments was $5.5 billion
dollars.
This rule will affect only those firms
that have been using an ISPM 15
compliance mark without entering into
an agreement with APHIS in accordance
with the export certification regulations
of 7 CFR part 353. There have been
cases where the mark has been applied
in these circumstances. Given that there
are nearly 3,000 firms that produce
wooden containers and pallets, only a
very small percentage will be affected
by this interim rule. This rule will not
have a significant economic impact nor
will it affect a substantial number of
small entities.
This rule does not impose any
additional costs on firms; it only
clarifies that the ISPM 15 quality/
treatment mark may be applied only in
accordance with the requirements of the
regulations regarding the use of
industry-issued certificates. The benefits
of this rule are derived from ensuring
APHIS’ ability to fulfill its
responsibilities under the Plant
Protection Act and its international
obligations as the NPPO of the United
States and the reduced risk due to better
compliance with existing international
standards. We do not expect to see any
measurable adverse economic impact as
a result of this rule.
Under these circumstances, the
Administrator of the Animal and Plant
Health Inspection Service has
determined that this action will not
have a significant economic impact on
a substantial number of small entities.
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.)
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18:44 Jun 29, 2007
Jkt 211001
Executive Order 12988
This 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
This rule contains no new
information collection or recordkeeping
requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 7 CFR Part 353
Exports, Plant diseases and pests,
Reporting and recordkeeping
requirements.
I Accordingly, we are amending 7 CFR
part 353 as follows:
PART 353—EXPORT CERTIFICATION
1. The authority citation for part 353
continues to read as follows:
I
Authority: 7 U.S.C. 7701–7772 and 7781–
7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22,
2.80, and 371.3.
§ 353.1
[Amended]
2. In § 353.1, the definition for
certificate of heat treatment is removed
and the definition for industry-issued
certificate is amended by adding the
sentence ‘‘An industry-issued certificate
includes an ISPM 15 quality/treatment
mark.’’ after the last sentence.
I
§ 353.2
[Amended]
3. Section 353.2 is amended by adding
the word ‘‘or’’ before the words ‘‘an
export’’; by removing the words ‘‘, or a
certificate of heat treatment (PPQ Form
553)’’; and by adding the sentence ‘‘An
industry-issued certificate includes an
ISPM 15 quality/treatment mark.’’ after
the last sentence.
I 4. In § 353.5, paragraph (a) is revised
to read as follows:
I
35917
an ISPM 15 quality/treatment mark.’’
immediately before the last sentence.
I b. By removing paragraph (e).
Done in Washington, DC, this 26th day of
June 2007.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E7–12770 Filed 6–29–07; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 73
[Docket No. FAA–2004–17774; Airspace
Docket No. 04–ACE–32]
RIN 2120–AA66
Modification of Restricted Areas 3601A
and 3601B; Brookville, KS
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: This action revises Restricted
Areas 3601A (R–3601A) and 3601B (R–
3601B), at Brookville, KS, in response to
a request from the United States Air
Force (USAF). Specifically, this action
revises R–3601A and R–3601B by
combining their lateral boundaries,
expanding the ceiling to flight level 230
(FL230), and re-designating the lower
portion of the combined area as R–
3601A and the upper portion as R–
3601B. Additionally, this action changes
the using agency of R–3601A and R–
3601B from ‘‘Commander, Kansas ANG,
McConnell AFB, KS’’ to ‘‘Air National
Guard, 184th Air Refueling Wing,
Detachment 1, Smoky Hill ANG Range,
Salina, KS.’’ These revisions will fulfill
new USAF requirements for high
altitude release bomb training for fighter
aircraft and medium-to-high altitude
release bomb training for bombers.
EFFECTIVE DATE: 0901 UTC, August 30,
2007.
(a) To request the services of an
inspector, a written application (PPQ
Form 572) shall be made as far in
advance as possible, and shall be filed
in the office of inspection at the port of
certification.
*
*
*
*
*
FOR FURTHER INFORMATION CONTACT:
Steve Rohring, Airspace and Rules
Group, Office of System Operations
Airspace and AIM, Federal Aviation
Administration, 800 Independence
Avenue, SW., Washington, DC 20591;
telephone: (202) 267–8783.
SUPPLEMENTARY INFORMATION:
§ 353.7
History
§ 353.5
Application for certification.
[Amended]
5. Section 353.7 is amended as
follows:
I a. In the introductory text of
paragraph (d), by adding the sentence
‘‘An industry-issued certificate includes
I
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On July 21, 2004, the FAA published
in the Federal Register a notice of
proposed rulemaking to modify the
ceiling and lateral boundaries, and
change the using agency of R–3601A
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]]>Agencies
[Federal Register Volume 72, Number 126 (Monday, July 2, 2007)]
[Rules and Regulations]
[Pages 35915-35917]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12770]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 353
[Docket No. APHIS-2006-0122]
RIN 0579-AC43
Export Certification for Wood Packaging Material
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: We are amending the export certification regulations to
clarify that an International Standards for Phytosanitary Measures No.
15 (ISPM 15) quality/treatment mark is an industry-issued certificate
within the meaning of 7 CFR part 353 and thus may only be issued when
the organization applying the certification mark has entered into an
agreement with the Animal and Plant Health Inspection Service. We are
also removing all references to a certificate of heat treatment from
the regulations because those certificates have been replaced by the
ISPM 15 quality/treatment mark. These changes are necessary in order to
ensure the appropriate issuance of the ISPM 15 quality/treatment mark.
DATES: This interim rule is effective July 2, 2007. We will consider
all comments that we receive on or before August 31, 2007.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to https://
www.regulations.gov, select ``Animal and Plant Health Inspection
Service'' from the agency drop-down menu, then click ``Submit.'' In the
Docket ID column, select APHIS-2006-0122 to submit or view public
comments and to view supporting and related materials available
electronically. Information on using Regulations.gov, including
instructions for accessing documents, submitting comments, and viewing
the docket after the close of the comment period, is available through
the site's ``User Tips'' link.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. APHIS-
2006-0122, Regulatory Analysis and Development, PPD, APHIS, Station 3A-
03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state
that your
[[Page 35916]]
comment refers to Docket No. APHIS-2006-0122.
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 https://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Mr. John Tyrone Jones II, Export
Specialist, Phytosanitary Issues Management Team, PPQ, APHIS, 4700
River Road Unit 140, Riverdale, MD 20737-1231; (301) 734-8860.
SUPPLEMENTARY INFORMATION:
Background
The export certification regulations in 7 CFR part 353 (referred to
below as the regulations) contain provisions for export certification
of plant and plant products. The export certification program does not
require certification of any exports, but does provide for
certification of plants and plant products as a service to exporters.
After assessing the phytosanitary condition of the plants or plant
products intended for export relative to the receiving country's
regulations, an inspector issues an internationally recognized
phytosanitary certificate (PPQ Form 577), a phytosanitary certificate
for reexport (PPQ Form 579), an export certificate for processed plant
products (PPQ Form 578), or a certificate of heat treatment (PPQ Form
553), if warranted.
The regulations in Sec. 353.7(d) also provide for industry-issued
certification of certain plant products under the terms of a written
agreement between the concerned agricultural or forestry company and
Animal and Plant Health Inspection Service (APHIS). Each agreement
specifies the articles subject to the agreement and the measures
necessary to prevent the introduction of specified plant pests into the
foreign countries specified in the agreement.
One form of an industry-issued certificate that is being issued
under these regulations is an approved international quality/treatment
mark that certifies wood packaging material as having been either heat
treated or fumigated with methyl bromide in accordance with the
guidelines contained in International Standards for Phytosanitary
Measures No. 15 (ISPM 15), ``Guidelines for Regulating Wood Packaging
Material in International Trade.'' ISPM 15 is a standard that describes
the application of phytosanitary measures to reduce the risk of
introduction and dissemination of quarantine pests associated with wood
packaging material (including dunnage) made of coniferous and non-
coniferous raw wood that is in use in international trade.
As the national plant protection organization (NPPO) of the United
States, APHIS is responsible for ISPM 15 certification of wood
packaging material that is exported from the United States. As provided
for under the regulations in Sec. 353.7(d), APHIS currently has
agreements with two private organizations to issue certificates of
compliance with ISPM 15 for wood packaging material for export.
Certification of compliance with ISPM 15 comes in the form of a
quality/treatment mark that is applied to each regulated article.
Since the adoption of ISPM 15, we have encountered several cases
where private firms have developed and applied ISPM 15 quality/
treatment marks to wood packaging material for export without entering
into an agreement with APHIS and, it appears, without applying the
treatments that are required under ISPM 15. These companies have
developed a mark similar to what is described and pictured in ISPM 15
and are using this mark outside of the export certification regulatory
program. Although we acknowledge that the regulations do not explicitly
state that the certification of compliance with ISPM 15 (the mark) is
an industry-issued certificate, this practice is clearly not in
conformity with the purpose and intent of the regulations.
In order to ensure integrity of our export certification program
and to fulfill our responsibilities under the Plant Protection Act and
our international obligations as the NPPO of the United States, we are
amending the regulations in part 353 to make it clear that certificates
of compliance with ISPM 15 are industry-issued certificates and thus
may only be issued when the person, company, or entity applying the
certification mark has first entered into a written agreement with
APHIS and applies the mark in accordance with all applicable
requirements. Specifically, we are amending Sec. 353.1, the definition
for industry-issued certificate; Sec. 353.2; and Sec. 353.7(d) by
adding the following sentence to each: ``An industry-issued certificate
includes an ISPM 15 quality/treatment mark.''
Now that the ISPM 15 quality/treatment mark is the international
standard for confirming that wood packaging material has been treated,
we no longer issue a certificate of heat treatment (PPQ Form 553). This
form is, therefore, obsolete, so we are amending the regulations to
remove all references to PPQ Form 553.
Immediate Action
Immediate action is necessary to ensure the integrity of our export
certification program and to fulfill our responsibilities under the
Plant Protection Act and our international obligations as the NPPO for
the United States. Under these circumstances, the Administrator has
determined that prior notice and opportunity for public comment are
contrary to the public interest and that there is good cause under 5
U.S.C. 553 for making this action effective less than 30 days after
publication in the Federal Register.
We will consider comments we receive during the comment period for
this interim rule (see DATES above). 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.
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.
We are amending the export certification regulations to clarify
that an ISPM 15 quality/treatment mark is an industry-issued
certificate within the meaning of our export certification regulations
and thus may only be issued when the organization applying the
certification mark has entered into an agreement with APHIS and applies
the mark in accordance with all applicable requirements. We are also
removing all references to a certificate of heat treatment from the
regulations because those certificates have been replaced by the ISPM
15 quality/treatment mark. These changes are necessary in order to
ensure the appropriate issuance of the ISPM 15 quality/treatment mark.
The pallet industry in the United States is characterized by many
small firms and a few larger firms. No one firm is able to dominate the
market. U.S. Census data show that there are approximately 3,000 firms
in the wood pallet and container industry. Other estimates of the
number of firms in the
[[Page 35917]]
industry range up to 3,500 pallet manufacturers in the U.S. National
Wooden Pallet and Container Association. Most firms sell their products
within a 350-mile radius. The average number of employees is fewer than
20. Thirty-two percent of the firms had fewer than five employees. The
average yearly sales were $1.7 million.
The Small Business Administration (SBA) classifies wood container
and pallet manufacturers as small businesses if they have fewer than
500 employees. According to the U.S. Census Bureau, 2002 Economic
Census (the most recent one available), all pallet manufacturers are
considered small businesses. In 2002, there were 2,948 establishments
that produced wooden containers and pallets employing 51,003 persons.
The total value of shipments was $5.5 billion dollars.
This rule will affect only those firms that have been using an ISPM
15 compliance mark without entering into an agreement with APHIS in
accordance with the export certification regulations of 7 CFR part 353.
There have been cases where the mark has been applied in these
circumstances. Given that there are nearly 3,000 firms that produce
wooden containers and pallets, only a very small percentage will be
affected by this interim rule. This rule will not have a significant
economic impact nor will it affect a substantial number of small
entities.
This rule does not impose any additional costs on firms; it only
clarifies that the ISPM 15 quality/treatment mark may be applied only
in accordance with the requirements of the regulations regarding the
use of industry-issued certificates. The benefits of this rule are
derived from ensuring APHIS' ability to fulfill its responsibilities
under the Plant Protection Act and its international obligations as the
NPPO of the United States and the reduced risk due to better compliance
with existing international standards. We do not expect to see any
measurable adverse economic impact as a result of this rule.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
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 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
This rule contains no new information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 7 CFR Part 353
Exports, Plant diseases and pests, Reporting and recordkeeping
requirements.
0
Accordingly, we are amending 7 CFR part 353 as follows:
PART 353--EXPORT CERTIFICATION
0
1. The authority citation for part 353 continues to read as follows:
Authority: 7 U.S.C. 7701-7772 and 7781-7786; 21 U.S.C. 136 and
136a; 7 CFR 2.22, 2.80, and 371.3.
Sec. 353.1 [Amended]
0
2. In Sec. 353.1, the definition for certificate of heat treatment is
removed and the definition for industry-issued certificate is amended
by adding the sentence ``An industry-issued certificate includes an
ISPM 15 quality/treatment mark.'' after the last sentence.
Sec. 353.2 [Amended]
0
3. Section 353.2 is amended by adding the word ``or'' before the words
``an export''; by removing the words ``, or a certificate of heat
treatment (PPQ Form 553)''; and by adding the sentence ``An industry-
issued certificate includes an ISPM 15 quality/treatment mark.'' after
the last sentence.
0
4. In Sec. 353.5, paragraph (a) is revised to read as follows:
Sec. 353.5 Application for certification.
(a) To request the services of an inspector, a written application
(PPQ Form 572) shall be made as far in advance as possible, and shall
be filed in the office of inspection at the port of certification.
* * * * *
Sec. 353.7 [Amended]
0
5. Section 353.7 is amended as follows:
0
a. In the introductory text of paragraph (d), by adding the sentence
``An industry-issued certificate includes an ISPM 15 quality/treatment
mark.'' immediately before the last sentence.
0
b. By removing paragraph (e).
Done in Washington, DC, this 26th day of June 2007.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E7-12770 Filed 6-29-07; 8:45 am]
BILLING CODE 3410-34-P
