. /.   WORLD TRADE  
ORGANIZATION  G/SPS/N/USA/1670/Add.2 
9 January 2008  
 (08-0090) 
Committee on Sanitary a nd Phytosanitary Measures Original:   English 
  
 
 
NOTIFICATION  
 
Addendum
 
 
 
The following communication, received on 8 January  2008, is being circulated at the request 
of the Delegation of the United States . 
 
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 Interim Rule; Correction:  Cold Treatment Regulations 
 
 
SUMMARY:  APHIS is correcting an error in th e cold treatment regulations that resulted 
from the publication of an interim rule on 2 July 2007, that was effective on 31 August 2007, and the 
publication of a separate final rule on 18 July 2007, that was effective on 17 August 2007.  Because 
the 18 July final rule reorganized the cold treatme nt regulations, changes we made in the 2 July 
interim rule inadvertently removed provisions relating to places for co ld treatment and ports of entry 
from the regulations when the in terim rule became effective on 31 August 2007.  This correction 
amends the regulations by reinstating those provisions. 
 
The interim rule was published in the Federal Register on 2 July 2007 (72 FR, 35909, Docket 
No. APHIS 2006-0050).  SUPPLEMENTARY INFORMATION:   
In an interim rule 1 titled "Cold Treatment Regul ations" and published in  the Federal Register 
on 2 July 2007, with an effective date of 31 August 2007 (72 FR 35909–35915, Docket No. APHIS–
2006–0050), we amended 7 CFR 305.15 by making several changes to the requirements for cold treatment enclosures and the requirements for conduc ting cold treatment.  In a separate final rule 2 
titled "Revision of Fruits and Vege tables Import Regulations" and pub lished in the Federal Register 
on 18 July 2007 and effective 17 August 2007 (72 FR 39481–39528, Docket No. APHIS–2005–
0106), we revised and reorganized the regulations pertaining to the importation of fruits and 
vegetables to consolidate requirements of general applicability and eliminate redundant requirements, 
update terms and remove outdated re quirements and references, update  the regulations that apply to 
importations into territories under US administration,  and make various editorial and non-substantive 
changes to regulations to make them easier to use.  As part of the 18 July final rule, we reorganized 
the cold treatment regulations in § 305.15 by movi ng requirements that had previously been found in 
the regulations governing the importation of fruits a nd vegetables, specifically in § 319.56–2d, to § 
305.15.  The final rule moved into § 305.15 all the provisions contained in § 319.56–2d that were not 
already present in § 305.15.  The regulations were otherwise not amended.  However, these changes 
necessitated a reorganization of the regulations in § 305.15.  In a technical amendment 3 that was 
effective and published in the Federal Register on 31 August 2007 (72 FR 50201–50204, Docket No. 
APHIS–2006–0050), we attempted to reconcile the 2 Ju ly interim rule and the 18 July final rule to G/SPS/N/USA/1670/Add.2 
Page 2  
 
  ensure that the changes in the 2 Ju ly interim rule would appear correctly in the regulations as they had 
been reorganized by the 18 July final rule. Howeve r, we overlooked one aspect of their interaction.  
The 2 July interim rule amended paragraph (b) of  § 305.15, which had included requirements for cold 
treatment enclosures.  The 18 July final rule moved these requirements to paragraph (c) of the regulations, adding requirements for places of treatm ent and ports of entry that had previously been 
contained in the fruits and vegetables regulations  to the cold treatment regulations as a new 
paragraph (b).  
While the 31 August technical amendment correct ly amended paragraph (c ) to be consistent 
with the provisions of the interim rule, it did not sp ecify that paragraph (b) should continue to read as 
it was established by the 18 July final rule.  Thus, the 2 July interim rule amended paragraph (b) by 
removing the requirements for places of treatment and ports of entry, adding in their place the cold treatment enclosure provisions that the 31 A ugust technical amendment had also added in 
paragraph (c).  This document corrects that e rror by reinstating the requirements for places of 
treatment and ports of entry that had been establis hed in paragraph (b) by the 18 July final rule. 
 
Correction: 
 
• The authority citation for 7 CFR part 305 con tinues 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. 
• In § 305.15, revise paragraph (b) to read as follows: 
 
§ 305.15 Treatment requirements.  (b) Places of treatment; ports of entry. Precooling and refrigeration may be performed prior to, or upon arrival of fruits and vegetables in the 
United States, provided treatments are performed in  accordance with applicable requirements of this 
section.  Fruits and vegetables that are not treated pr ior to arrival in the United States must be treated 
after arrival only in cold storage warehouses approv ed by the Administrator and located in the area 
north of 39° longitude and east of 104° latitude or at  one of the following ports:  The maritime ports 
of Wilmington, NC; Seattle, WA; Corpus Chri sti, TX; and Gulfport, MS; Seattle-Tacoma 
International Airport, Seattle, WA; and Hartsfield -Atlanta International Airport, Atlanta, GA. 
 
 For further information contact:  Dr. Inder P. S. Gadh, Senior Risk Manager - Treatments, 
Phytosanitary Issues Management, PPQ, APHIS,  4700 River Road Unit 133, Riverdale, MD 20737-
1236; (301) 734-8758.  
 Effective date:  11 December 2007. 
  The full text of this correction can be found at the address below:   Federal Register:  11 December 2007 (V olume 72, Number 237), Page 70219;  
Available at Federal Register on-line via GPO Access website:  
http://www.gpoaccess.gov/fr/index.html
 
Under "1994 (Volume 59) through 2008 (Volume 73)" click on page #, select 2007 Federal Register, 
Vol. 2 and enter page number 70219.  
United States SPS National Notification Authority, USDA Foreign Agricultural Service, 
International Regulations and Sta ndards Division (IRSD), Stop 1027, Washington D.C. 20250;  Tel:  
+(1 202) 720-1301;  Fax:  +(1 202) 690-0677;  E-mail:  us.spsenquirypoint@fas.usda.gov 
 
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