[Federal Register Volume 87, Number 121 (Friday, June 24, 2022)]
[Notices]
[Pages 37809-37812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-13530]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2021-0077]


International Sanitary and Phytosanitary Standard-Setting 
Activities

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with legislation implementing the results of the 
Uruguay Round of negotiations under the General Agreement on Tariffs 
and Trade, we are informing the public of the international standard-
setting activities of the World Organization for Animal Health, the 
Secretariat of the International Plant Protection Convention, and the 
North American Plant Protection Organization, and we are soliciting 
public comment on the standard-setting activities.

ADDRESSES: You may submit comments by either of the following methods:
    <bullet> Federal eRulemaking Portal: Go to www.regulations.gov. 
Enter APHIS-2021-0077 in the Search field. Select the Documents tab, 
then select the Comment button in the list of documents.
    <bullet> Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2021-0077, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238.
    Supporting documents and any comments we receive on this docket may 
be viewed at regulations.gov or in our reading room, which is located 
in Room 1620 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) 7997039 before coming.

FOR FURTHER INFORMATION CONTACT: For general information on the topics 
covered in this notice, contact Mr. Eric Nichols, Director, Trade 
Support Team, APHIS-IS, Room 1627-S, USDA South Building, 14th Street 
and Independence Avenue SW, Washington, DC 20250; (202) 799-7122.
    For specific information regarding standard-setting activities of 
the World Organization for Animal Health, contact Dr. Paul Gary Egrie, 
Office of International Affairs, Veterinary Services, APHIS, 4700 River 
Road Unit 33, Riverdale, MD 20737; (301) 851-3304.
    For specific information regarding the standard-setting activities 
of the International Plant Protection Convention, contact Dr. Marina 
Zlotina, IPPC Technical Director, International Phytosanitary 
Standards, Plant Protection and Quarantine (PPQ), APHIS, 4700 River 
Road Unit 130, Riverdale, MD 20737; (301) 851-2200.
    For specific information on the North American Plant Protection 
Organization, contact Ms. Stephanie Dubon, Acting NAPPO Technical 
Director, International Phytosanitary Standards, PPQ, APHIS, 4700 River 
Road Unit 130, Riverdale, MD 20737; (301) 851-2180.

SUPPLEMENTARY INFORMATION:

Background

    The World Trade Organization (WTO) was established as the common 
international institutional framework for governing trade relations 
among its members in matters related to the Uruguay Round Agreements. 
The WTO is the successor organization to the General Agreement on 
Tariffs and Trade. U.S. membership in the WTO was approved by Congress 
when it enacted the Uruguay Round Agreements Act (Pub. L. 103-465), 
which was signed into law on December 8, 1994. The WTO Agreements, 
which established the WTO, entered into force with respect to the 
United States on January 1, 1995. The Uruguay Round Agreements Act 
amended Title IV of the Trade Agreements Act of 1979 (19 U.S.C. 2531 et 
seq.). Section 491 of the Trade Agreements Act of 1979, as amended (19 
U.S.C. 2578), requires the President to designate an agency to be 
responsible for informing the public of the sanitary and phytosanitary 
(SPS) standard-setting activities of each international standard-
setting organization. The designated agency must inform the public by 
publishing an annual notice in the Federal Register that provides the 
following information: (1) The SPS standards under consideration or 
planned for consideration by the international standard-setting 
organization; and (2) for each SPS standard specified, a description of 
the consideration or planned consideration of that standard, a 
statement of whether the United States is participating or plans to 
participate in the consideration of that standard, the agenda for U.S. 
participation, if any, and the agency responsible for representing the 
United States with respect to that standard.
    ``International standard'' is defined in 19 U.S.C. 2578b as any 
standard, guideline, or recommendation: (1) Adopted by the Codex 
Alimentarius Commission (Codex) regarding food safety; (2) developed 
under the auspices of the World Organization for Animal Health (WOAH) 
\1\ regarding animal health; (3) developed under the auspices of the 
Secretariat of the International Plant Protection Convention (IPPC, or 
the Convention) and the North American Plant Protection Organization 
(NAPPO) regarding plant health; or (4) established by or developed 
under any other international organization agreed to by the member 
countries of the United States-Mexico-Canada Agreement (USMCA) or the 
member countries of the WTO.
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    \1\ The World Organization for Animal Health internationally 
follows a British English spelling of ``organisation'' in its name; 
it was formerly the Office International des Epizooties, or OIE, but 
on May 28, 2022, the Organization announced that the acronym was 
changed from OIE to WOAH.
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    The President, pursuant to Proclamation No. 6780 of March 23, 1995 
(60 FR 15845), designated the Secretary of Agriculture as the official 
responsible for informing the public of the SPS standard-setting 
activities of Codex, WOAH, IPPC, and NAPPO. The United States Codex 
Office (USCO), in the United States Department of Agriculture's 
(USDA's) Trade and Foreign Affairs mission area, informs the public of 
standard-setting activities of Codex, and USDA's Animal and Plant 
Health Inspection Service (APHIS) informs the public of WOAH, IPPC, and 
NAPPO standard-setting activities.
    USCO publishes an annual notice in the Federal Register to inform 
the public of SPS standard-setting activities for Codex (86 FR 29987). 
Codex was established in 1963 by two United Nations organizations, the 
Food and Agriculture Organization and the World Health Organization. It 
is the principle international organization for establishing food 
standards that protect consumer health and promote fair practices in 
food trade.
    APHIS is responsible for publishing an annual notice of WOAH, IPPC, 
and NAPPO activities related to international standards for plant and

[[Page 37810]]

animal health and representing the United States with respect to these 
standards. Following are descriptions of the WOAH, IPPC, and NAPPO 
organizations and the standard-setting agenda for each of these 
organizations. We have described the agenda that each of these 
organizations will address at their annual general sessions, including 
standards that may be presented for adoption or consideration, as well 
as other initiatives that may be underway at the WOAH, IPPC, and NAPPO.
    The agendas for these meetings are subject to change, and the draft 
standards identified in this notice may not be sufficiently developed 
and ready for adoption as indicated. Also, while it is the intent of 
the United States to support adoption of international standards and to 
participate actively and fully in their development, it should be 
recognized that the U.S. position on a specific draft standard will 
depend on the acceptability of the final draft. Given the dynamic and 
interactive nature of the standard-setting process, we encourage any 
persons who are interested in the most current details about a specific 
draft standard or the U.S. position on a particular standard-setting 
issue, or in providing comments on a specific standard that may be 
under development, to contact APHIS. Contact information is provided at 
the beginning of this notice under FOR FURTHER INFORMATION CONTACT.

WOAH Standard-Setting Activities

    The WOAH was established in Paris, France, in 1924 with the signing 
of an international agreement by 28 countries. It is currently composed 
of 182 Members, each of which is represented by a delegate who, in most 
cases, is the chief veterinary officer of that country or territory. 
The WTO has recognized the WOAH as the international forum for setting 
animal health standards, reporting global animal disease events, and 
presenting guidelines and recommendations on sanitary measures relating 
to animal health.
    The WOAH facilitates intergovernmental cooperation to prevent the 
spread of contagious diseases in animals by sharing scientific research 
among its Members. The major functions of the WOAH are to collect and 
disseminate information on the distribution and occurrence of animal 
diseases and to ensure that science-based standards govern 
international trade in animals and animal products. The WOAH aims to 
achieve these through the development and revision of international 
standards for diagnostic tests, vaccines, and the safe international 
trade of animals and animal products.
    The WOAH provides annual reports on the global distribution of 
animal diseases, recognizes the free status of Members for certain 
diseases, categorizes animal diseases with respect to their 
international significance, publishes bulletins on global disease 
status, and provides animal disease control guidelines to Members. 
Various WOAH commissions and working groups undertake the development 
and preparation of draft standards, which are then circulated to 
Members for consultation (review and comment). Draft standards are 
revised accordingly and are presented to the WOAH World Assembly of 
Delegates (all the Members) for review and adoption during the General 
Session, which meets annually every May. Adoption, as a general rule, 
is based on consensus of the WOAH membership.
    The most recent WOAH General Session occurred virtually from May 24 
to 28, 2021. The Deputy Administrator for APHIS' Veterinary Services 
serves as the official U.S. Delegate to the WOAH. Information about 
WOAH draft Terrestrial and Aquatic Animal Health Code chapters may be 
found at https://www.aphis.usda.gov/aphis/ourfocus/animalhealth/export/international-standard-setting-activities-oie/regionalization/ct_international_standard_setting_activities_oie or by contacting Dr. 
Paul Gary Egrie (see FOR FURTHER INFORMATION CONTACT above).
    The corresponding chapters were adopted during the General Session 
in May 2021.
    <bullet> Chapter 1.1., Notification of diseases, infections and 
infestations, and provision of epidemiological information.
    <bullet> Chapter 1.4.3., Animal health surveillance.
    <bullet> Chapter 1.6., Procedures for self-declaration and for 
official recognition by the OIE.
    <bullet> Chapter 3.1., Quality of Veterinary Services.
    <bullet> Chapter 3.2., Evaluation of Veterinary Services.
    <bullet> Chapter 3.X., New chapter on Veterinary Services.
    <bullet> Chapter 3.4., Veterinary legislation.
    <bullet> Chapter 4.Y., New chapter on official control programmes 
for listed and emerging diseases.
    <bullet> Articles 4.4.6 and 4.4.7., Zoning and 
compartmentalization.
    <bullet> Chapter 7.Z., New chapter on animal welfare and laying hen 
production systems.
    <bullet> Chapter 8.Y., New chapter on infection with animal 
trypanosomes of African origin.
    <bullet> Article 9.4.5., Infestation with Aethina tumida (small 
hive beetle).
    <bullet> Chapter 10.4., Infection with avian influenza viruses.
    <bullet> Chapter 10.5., Avian mycoplasmosis (Mycoplasma 
gallisepticum).
    <bullet> Articles 14.7.3., 14.7.7., 14.7.24., and 14.7.34., 
Infection with peste des petits ruminants virus.
    <bullet> Chapter 15.2., Infection with classical swine fever virus.

IPPC Standard-Setting Activities

    The IPPC is a multilateral convention adopted in 1952 to prevent 
the spread and introduction of pests of plants and plant products and 
to promote appropriate measures for their control. The WTO recognizes 
the IPPC as the standard setting body for plant health. Under the IPPC, 
the understanding of plant protection encompasses the protection of 
both cultivated and non-cultivated plants from direct or indirect 
injury by plant pests. The IPPC addresses the following activities: 
Developing, adopting, and implementing international standards for 
phytosanitary (plant health) measures (ISPMs); harmonizing 
phytosanitary activities through adopted standards; facilitating the 
exchange of official and scientific information among contracting 
parties; and providing technical assistance to developing countries 
that are contracting parties to the Convention.
    The IPPC is deposited within the Food and Agriculture Organization 
of the United Nations and is an international agreement of 184 
contracting parties. National plant protection organizations (NPPOs), 
in cooperation with regional plant protection organizations, the 
Commission on Phytosanitary Measures (CPM), and the Secretariat of the 
IPPC, implement the Convention. The IPPC continues to be administered 
at the national level by plant quarantine officials, whose primary 
objective is to safeguard plant resources from injurious pests. In the 
United States, the NPPO is the APHIS Plant Protection and Quarantine 
(PPQ) program.
    The 15th Session of the CPM was held virtually from March 16 to 
April 1, 2021. The CPM adopted the IPPC Strategic Framework 2020-2030, 
which outlines major work directions for the Convention for the ensuing 
10 years and creates a focus group to develop guidance for the 
framework's implementation by contracting parties.
    The CPM adopted the following international phytosanitary standards 
in 2021. The United States develops its position on each of these draft 
standards

[[Page 37811]]

prior to the CPM session based on APHIS' analyses and other relevant 
information from other U.S. Government agencies and interested 
stakeholders:
    <bullet> ISPM 5: Glossary of phytosanitary terms (2018 revisions).
    <bullet> Revision of ISPM 8: Determination of pest status in an 
area.
    <bullet> ISPM 44: Requirements for the use of modified atmosphere 
treatments as phytosanitary measures.
    <bullet> ISPM 45: Requirements for national plant protection 
organizations if authorizing entities to perform phytosanitary actions.
    The following phytosanitary treatments were adopted as Annexes to 
ISPM 28:
    Phytosanitary treatments for regulated pests:
    <bullet> PT 33: Irradiation treatment for Bactrocera dorsalis;
    <bullet> PT 34: Cold treatment for Ceratitis capitata on Prunus 
avium, Prunus salicina, and Prunus persica;
    <bullet> PT 35: Cold treatment for Bactrocera tryoni on Prunus 
avium, Prunus salicina, and Prunus persica;
    <bullet> PT 36: Cold treatment for Ceratitis capitata on Vitis 
vinifera;
    <bullet> PT 37: Cold treatment for Bactrocera tryoni on Vitis 
vinifera;
    <bullet> PT 38: Irradiation treatment for Carposina sasakii; and
    <bullet> PT 39: Irradiation treatment for the genus Anastrepha.
    The CPM noted that the Standards Committee adopted (on behalf of 
the CPM) Diagnostic Protocol DP-29: ``Bactrocera dorsalis,'' as an 
Annex to ISPM 27: Diagnostic protocols for regulated pests. The CPM 
also adopted Recommendation R-09,``Safe provision of food and other 
humanitarian aid.''
    The IPPC Standards Committee and Implementation and Capacity 
Development Committee continued working during the pandemic by 
virtually approving draft standards for consultation, selecting experts 
to expert drafting groups, and addressing pending standard setting and 
other plant health initiatives.

IPPC Standard-Setting Initiatives, Including Those Under Development

    A number of expert working group (EWG) meetings and technical 
consultations took place virtually from October 2020 through September 
2021 on the topics listed below. These IPPC projects are currently 
under development and intended for future adoption and publication. 
APHIS participated actively and fully in each of these working groups. 
APHIS developed its position on each of the topics prior to the working 
group meeting. The APHIS position was based on relevant scientific 
information and technical analyses, including information from other 
U.S. Government agencies and from interested stakeholders:
    <bullet> EWG for revision of ISPM 4: Requirements for the 
establishment of Pest Free Areas.
    <bullet> EWG for drafting a new Annex to ISPM 20 (Guidelines for a 
phytosanitary import regulatory system): ``Use of specific import 
authorization.''
    <bullet> Developing ``IPPC Guide to support the implementation of 
ISPM 15.''
    <bullet> Technical Panel on Diagnostic Protocols.
    <bullet> Technical Panel on Phytosanitary Treatments.
    <bullet> Technical Panel for the Glossary.
    <bullet> Sea Container Task Force.
    The IPPC electronic certification system (ePhyto) solution also 
progressed in 2021. There are currently 55 trading partners that are 
connected and actively sharing ePhytos through the system; the United 
Nations International Computing Centre and the ePhyto Steering 
Committee are developing and providing training on ePhyto; and 
preparations are under way to deploy features allowing industry systems 
to receive ePhytos. For more detailed information on the above, contact 
Dr. Marina Zlotina (see FOR FURTHER INFORMATION CONTACT above).
    PPQ actively works to achieve broad participation by States, 
industry, and other stakeholders in the development and use of 
international and regional plant health standards, including through 
the use of APHIS Stakeholder Registry notices \2\ and the APHIS public 
website. Plant health stakeholders are strongly encouraged to comment 
on draft standards, documents, and specifications during the 
consultation periods.
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    \2\ To sign up for the Stakeholder Registry, go to: https://public.govdelivery.com/accounts/USDAAPHIS/subscriber/new.
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    In 2021, 24 draft documents were open for consultation, including 
standards, phytosanitary treatments, a diagnostic protocol, a 
specification, outlines for implementation tools, and a CPM 
recommendation. APHIS posts links to draft standards on its website as 
they become available and provides information on the due dates for 
comments.\3\ Additional information on IPPC standards (including the 
IPPC work program (list of topics),\4\ calls for new standards, experts 
to serve on technical panels and other working groups, proposed 
phytosanitary treatments, the standard-setting process, and adopted 
standards) is available on the IPPC website.\5\
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    \3\ For more information on the IPPC draft ISPM consultation: 
https://www.aphis.usda.gov/aphis/ourfocus/planthealth/international/sa_phytostandards/ct_draft_standards.
    \4\ IPPC list of topics: https://www.ippc.int/en/core-activities/standards-setting/list-topics-ippc-standards/.
    \5\ IPPC website: https://www.ippc.int/.
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    For the most current information on official U.S. participation in 
IPPC activities, including U.S. positions on standards being 
considered, contact Dr. Marina Zlotina (see FOR FURTHER INFORMATION 
CONTACT above). Those wishing to provide comments on any of the areas 
of work being undertaken by the IPPC may do so at any time by 
responding to this notice (see ADDRESSES above) or by providing 
comments through Dr. Zlotina.

NAPPO Standard-Setting Activities

    NAPPO, a regional plant protection organization created in 1976 
under the IPPC, coordinates the efforts among the United States, 
Canada, and Mexico to protect their plant resources from the entry, 
establishment, and spread of harmful plant pests, while facilitating 
safe intra- and inter-regional trade. As the NPPO of the United States, 
APHIS PPQ is the organization officially identified to participate in 
NAPPO. Through NAPPO, APHIS works closely with its regional 
counterparts and industries to develop harmonized regional standards 
and approaches for managing pest threats.
    This critical work facilitates the safe movement of plants and 
plant products into and within the region. NAPPO conducts its work 
through priority-driven projects approved by the NAPPO Executive 
Committee via an annual work program. These projects are completed by 
expert groups, including subject matter experts from each member 
country and regional industry representatives. Project results and 
updates are provided during the NAPPO annual meeting as well as NAPPO 
governance meetings. Projects can include the development of positions, 
policies, technical documents, or the development or revision of 
regional standards for phytosanitary measures (RSPMs). Projects can 
also include implementation of standards or other capacity development 
activities such as workshops.
    The PPQ Assistant Deputy Administrator, as the official U.S. 
delegate to NAPPO, intends to participate in the adoption of these 
regional plant health standards and projects on the work program once 
they are completed and ready for consideration.

[[Page 37812]]

    Because of the COVID-19 pandemic, there was no annual meeting held 
in 2020. Despite the pandemic, NAPPO's Secretariat and its member 
countries, including regulatory, plant health, and industry officials, 
continue to actively progress on projects and initiatives under the 
NAPPO work program, taking advantage of teleconferencing and other 
virtual meeting tools. NAPPO governance committees, including NAPPO's 
Executive Committee and the Advisory and Management Committee, as well 
as expert groups, continue to communicate and meet virtually on a 
regular basis to actively progress on NAPPO strategic and work program 
initiatives. The PPQ Deputy Administrator is the U.S. member of the 
NAPPO Executive Committee. The NAPPO Executive Committee adopted three 
regional standards between October 1, 2020, and September 30, 2021: 
Revisions to RSPM 9 (Authorization of labs for phytosanitary testing), 
Revisions to RSPM 5 (NAPPO Glossary of phytosanitary terms), and 
Science and Technology Document 7 (Risks associated with the 
introduction of exotic tussock moth species (Lepidoptera: Erebidae: 
Lymantriinae) of potential concern to the NAPPO region).
    NAPPO's Advisory and Management Committee continued working during 
the pandemic by virtually approving draft standards for consultation, 
selecting and onboarding experts to newly launched NAPPO expert groups, 
and addressing pending work program initiatives.
    The NAPPO expert groups, including member countries' subject matter 
experts, in collaboration with NAPPO's Secretariat, significantly 
progressed or finalized the following regional standards from October 
2020 through September 2021:
    <bullet> Completed the development or revision and consultation of 
the following five regional standards: Revision of RSPM 22: Guidelines 
for construction and operation of a containment facility for insects 
and mites used as biological control agents; Revision of RSPM 35: 
Guidelines for the movement of propagative plant material of stone 
fruit, pome fruit, and grapevine into a NAPPO member country; Revision 
of RSPM 38: Importation of certain wooden and bamboo commodities into a 
NAPPO member country; Science & Technology document on Contaminating 
organisms affecting trade in wood commodities and forestry products; 
and a Position Document on Asian gypsy moth specified risk periods in 
Japan, Russia, Republic of Korea, and China.
    <bullet> Issued via NAPPO's Phytosanitary Alert System: 24 Official 
Pest Reports from October 1, 2020, to September 30, 2021.

New NAPPO Standard-Setting Initiatives, Including Those in Development

    The 2021 work program \6\ includes topics being worked on by NAPPO 
expert groups and NAPPO's Advisory and Management Committee. APHIS 
actively and fully participates in the development and approval of the 
NAPPO work program. The APHIS position on each topic is guided and 
informed by the best technical and scientific information available, as 
well as on relevant input from stakeholders. The United States will 
consider its position on any draft standard after it reviews a prepared 
draft.
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    \6\ NAPPO work program: https://nappo.org/english/governance/work-program.
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    The information in this notice contains all the information 
available to APHIS PPQ on NAPPO standards or projects under development 
or consideration. For updates on meeting times and for information on 
the expert groups that may become available following publication of 
this notice, visit the NAPPO website or contact Ms. Stephanie Dubon 
(see FOR FURTHER INFORMATION CONTACT above).
    PPQ actively works to achieve broad participation by States, 
industry, and other stakeholders in the development and use of 
international and regional plant health standards, including through 
the use of APHIS Stakeholder Registry notices \7\ and the APHIS public 
website. Plant health stakeholders are strongly encouraged to comment 
on draft standards, documents, and specifications during consultation 
periods. APHIS posts links to draft standards on its website as they 
become available and provides information on the due dates for 
comments.\8\ Additional information on NAPPO standards (including the 
NAPPO work program, calls for projects, expert groups, the standard-
setting process, and adopted standards) is available on the NAPPO 
website.\9\
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    \7\ To sign up for the Stakeholder Registry, go to: https://public.govdelivery.com/accounts/USDAAPHIS/subscriber/new.
    \8\ For more information on the IPPC draft ISPM consultation: 
https://www.aphis.usda.gov/aphis/ourfocus/planthealth/international/sa_phytostandards/ct_draft_standards.
    \9\ NAPPO website: http://nappo.org.
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    For the most current information on official U.S. participation in 
NAPPO activities, including U.S. positions on standards being 
considered, contact Ms. Stephanie Dubon (see FOR FURTHER INFORMATION 
CONTACT above). Those wishing to provide comments on any of the areas 
of work being undertaken at NAPPO may do so at any time by responding 
to this notice (see ADDRESSES above) or by providing comments through 
Ms. Dubon.

    Done in Washington, DC, this 7th day of June 2022.
Anthony Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2022-13530 Filed 6-23-22; 8:45 am]
BILLING CODE 3410-34-P