*Preliminary Economic and Regulatory Flexibility Analyses*

*Proposed Rule: Revision of Regulations for the Movement of Fruits and
Vegetables from Hawaii and U.S. Territories into the Continental United
States*

*(7 CFR 318)*

*Docket No. APHIS-2007-0052*

*November 2007*

*Policy Analysis & Development*

*Policy & Program Development*

*Animal & Plant Health Inspection Service*

*U.S. Department of Agriculture*

*Executive Summary*

This proposed rule would revise and reorganize the regulations
pertaining to the interstate movement of fruits and vegetables from
Hawaii, Puerto Rico, the Virgin Islands of the United States, and Guam.
This would be done to consolidate requirements of general applicability
and eliminate redundant requirements, update terms and remove outdated
requirements and references, make various editorial and nonsubstantive
changes to regulations to make them easier to use, and expand their
applicability to include the Commonwealth of the Northern Marianas
Islands (CNMI).

APHIS is also proposing to make substantive changes to the regulations.
This proposed rule would establish criteria within the regulations that,
if met, would allow APHIS to approve certain fruits and vegetables for
interstate movement and to acknowledge pest-free areas in Hawaii and
U.S. territories without undertaking rulemaking. Currently, these
commodities may only be brought into the continental United States after
completion of a pest risk analysis, risk management document and
rulemaking, if the commodities are not currently included on the list of
regulated articles. A similar type of notice-based procedure has been
implemented by APHIS for approving imports. Implementing this rule would
establish a similar approach for authorizing the interstate movement of
certain fruits and vegetables and other articles. This proposed rule
would also result in certain regulated articles no longer being listed
in the regulations. These changes would simplify and expedite the APHIS
processes for approving certain regulated articles for interstate
movement and pest-free areas while continuing to allow for public
participation in the process.

APHIS expects little impact on the total supply of fruits and vegetables
available in the continental United States, and little change in the
movement of fruits and vegetables from Hawaii and the territories;
effects on U.S. producers, marketers and consumers are expected to be
small. The main provision of this proposed rule represents a structural
revision of the regulations pertaining to the movement of fruits and
vegetables from Hawaii, Puerto Rico, the U.S. Virgin Islands, Guam, and
CNMI, and establishes a new process for approving commodities for
movement into the continental United States. However, those commodity
movement requests most likely to qualify for the notice-based process
are specialty crops having limited markets. The proposed rule would not
alter the conditions that apply to currently approved fruits or
vegetables.

Of particular note with respect to the approval process, the change
would allow a newly approved commodity to move more quickly into
commerce to the benefit of consumers and Hawaiian and territorial
producers once it has been determined that the commodity can be safely
moved interstate subject to one or more designated risk management
measures. This proposal, itself, would not allow for the interstate
movement of any specific fruits or vegetables, nor would it alter the
conditions for interstate movement of currently approved fruits or
vegetables. These proposed changes would not alter the manner in which
the risk associated with a commodity interstate movement request is
evaluated, nor would it alter the manner in which those risks are
ultimately mitigated. Consumers would have quicker access to some fruits
and vegetables, while risks would still be evaluated and appropriate
mitigations required, as they are currently.

The requirements of the Regulatory Flexibility Act for this rulemaking
are met through the following analysis. The economic effects of
approving specific commodities for interstate movement using the
streamlined approach would not be analyzed at the time of their
approval, since such approval would occur without additional rulemaking.

*Background:*

In the Hawaii and territorial fruits, vegetables, and flowers
regulations (7 CFR 318.13 through 318.13-17, 318.58 through 318.58-16,
and 318.82 through 318.82-3), the Animal and Plant Health Inspection
Service (APHIS) of the U.S. Department of Agriculture (USDA) prohibits
or restricts the interstate movement of fruits, vegetables, and other
products from Hawaii, Puerto Rico, the Virgin Islands of the United
States, and Guam to the continental United States to prevent the spread
of plant diseases and pests that occur in Hawaii and the territories.

This proposed rule would revise and reorganize the regulations
pertaining to the interstate movement of fruits and vegetables to
consolidate requirements of general applicability and eliminate
redundant requirements, update terms and remove outdated requirements
and references, make various editorial and nonsubstantive changes to
regulations to make them easier to use, and expand their applicability
to include the Commonwealth of the Northern Marianas Islands (CNMI).

APHIS is also proposing to make substantive changes to the regulations.
This proposed rule would establish criteria within the regulations that,
if met, would allow APHIS to approve certain fruits and vegetables for
interstate movement and to acknowledge pest-free areas in Hawaii and
U.S. territories without undertaking rulemaking. Currently, these
commodities may only be brought into the continental United States after
completion of a pest risk analysis, risk management document and
rulemaking, if the commodities are not currently included on the list of
regulated articles.[^1] A similar type of notice-based procedure has
been implemented by APHIS for approving imports. Implementing this rule
would ensure equitable treatment for domestic producers. This proposed
rule would also do away with the process of listing in the regulations
specific commodities as regulated articles. These changes would simplify
and expedite the APHIS processes for approving certain regulated
articles for interstate movement and pest-free areas while continuing to
allow for public participation in the process.

*Fruit and Vegetable Production*

The fruit and tree nut and the vegetable and melon sectors are vibrant
in the United States, for both consumers and producers. The United
States is one of the world's leading producers and consumers of
vegetables and melons. The annual sale of vegetables and melons earned
farmers \$17.3 billion on average during 2001-03, more than 8 percent of
all farm cash receipts (crops and livestock) and 17 percent of crop
receipts. Similarly, the U.S. fruit and tree nuts industry is an
important component of the U.S. farm sector. It generated over \$12
billion in U.S. farm cash receipts annually in the early 2000s,
averaging 6 percent of all farm cash receipts and 12 percent of all crop
receipts.

The typical American annually consumes over 280 pounds of fruit and tree
nuts (fresh and processed products) each year, ranking third in per
capita consumption of major food groups, next to dairy and vegetables.
Annual per capita consumption of all vegetables and melons rose 4
percent from 1991-93 to 2001-03, reaching 440 pounds as fresh
consumption increased and processed fell. Consumer expenditures for
fruit and vegetables are growing faster than for any food group other
than meats. Increased domestic and world supplies, rising disposable
incomes and a growing and more culturally diverse population will
continue to expand consumer demand for fruits and vegetables in the
United States over the next decade. Another important stimulus is
continued emphasis on health and nutrition. The fruit and vegetable
industries have been very active in promoting the health benefits of
fruit and vegetable consumption.

Hawaii and the U.S. territories are important sources of fresh fruits
and vegetables for the rest of the United States. In 2002, 666 Hawaiian
farms produced more than \$55 million in vegetables, melons, potatoes,
and sweet potatoes, equal to about 10 percent of total Hawaiian
agricultural sales; and 2,582 Hawaiian farms produced more than \$179
million in fruits, tree nuts and berries, accounting for more than 33
percent of total Hawaiian agricultural sales. In 2002, Hawaii ranked
seventh among the States in the production of fruits, tree nuts and
berries, and 28th in the production of vegetables, melons, potatoes and
sweet potatoes. Hawaii's growers of tropical specialty fruit produced
and sold an estimated 1.5 million pounds of fresh fruit in 2005,
according to the USDA-NASS Hawaii Field Office. This amount was half
again as large as the revised 2004 output of 1 million pounds and the
highest on record for fresh tropical specialty fruit since records began
to be published for this group.

*The Current Regulations*

Currently, the regulations prohibit the interstate movement of fruits,
vegetables, and other products from Hawaii, Puerto Rico, the U.S. Virgin
Islands, and Guam into the continental United States or any other
territory or possession of the United States unless the regulations
specifically allow the interstate movement of the particular fruit,
vegetable, or regulated article. As a condition of interstate movement
under the regulations, all approved fruits, vegetables, and other
products are subject to some type of restriction to ensure that the
regulated article does not act as a pathway for the introduction or
dissemination of plant pests or noxious weeds into the United States.

Typically, certain products may be moved interstate if the movement is
authorized by a limited permit or a valid certificate issued on the
basis of inspection and verification of pest freedom, or on the basis of
treatment. These requirements are considered universal requirements.
Certain other fruits, vegetables, or products must meet additional
requirements to be eligible for movement including distribution
restrictions, packing requirements, and other measures determined to be
necessary to mitigate the pest risk posed by the particular commodity.

*Proposed Revisions*

This proposed rule would establish a new regulatory approach whereby
APHIS would approve or reject certain fruits and vegetables for movement
into the continental United States from Hawaii and the U.S. territories
without specific prior rulemaking, but in a manner that would still
provide for public review and comment on the scientific documentation on
which such decisions are based. This notice-based process would involve
a risk analysis that identifies all the pests of concern, document how
all quarantine pests would be removed from the movement pathway through
inspection and/or treatment, and allow for public comment.

Currently, exceptions are made to the prohibition for specific
commodities moving from Hawaii and the territories provided that the
pest risk they pose is mitigated by specific phytosanitary measures. For
the vast majority of commodities listed in Part 318, inspection and/or
treatment are the phytosanitary measures applied to ensure that a
commodity does not convey plant pests. For other commodities, APHIS
requires a more complex risk mitigation strategy (i.e., a systems
approach).

In considering whether to newly authorize the movement of a commodity,
APHIS identifies the phytosanitary measures necessary to address the
pest risk posed by the commodity. As a matter of current APHIS policy,
any decision made on whether to allow the movement of a commodity from
Hawaii or the U.S. territories into the continental United States
proceeds through the rulemaking process before the decision can be
implemented and the movement allowed.

The proposed notice-based process would apply only to fruits and
vegetables that, based on the findings of a risk analysis, APHIS
determines can be safely moved interstate subject to one or more
designated risk management measures. These designated measures are: (1)
Inspection upon arrival in a State and compliance with all applicable
provisions of 318.13-3; (2) Treatment in accordance with part 305 and
certification of the treatment by an inspector; (3) Inspection and
certification in the State of origin by an inspector or a State
agricultural inspector and found free of one or more specific quarantine
pests identified by risk analysis as likely to follow the pathway; (4)
Commercial consignments only; (5) Originating from a pest-free area in
the State of origin and the grower from which the commodity originated
has entered into a compliance agreement with the Administrator; (6)
Distribution within a defined area and marking of boxes and containers
with distribution restrictions . Fruits and vegetables that require
additional risk management beyond one or more of the designated measures
cited above would follow the current rulemaking-based process.

By eliminating the need for specific rulemaking for commodities for
which the notice-based process would be appropriate, considerable time
savings could be reaped. The current process for approving commodities
takes a notable period of time, ranging on average from 18 months to
upwards of 3 years (beginning with the initial request and ending with
the publication of the final rule). A significant portion of this time
is devoted to the rulemaking process. This rule would reduce the time
needed for approval for interstate movement of some fruits and
vegetables without eliminating the opportunity for public participation
in our analysis of risk.

Consumers benefit from the opportunity to purchase fruits and vegetables
from a variety of sources. Consumer expenditures for fruit and
vegetables are growing faster than for any food group other than meats.
Many of the commodities that would be covered by this rule would likely
be niche products, such as tropical specialty fruits that are
unavailable or limited in availability in the continental United States.
This rule would allow producers to more quickly meet consumer demand for
those niche products. In addition, climate causes most fruit and
vegetable production in the continental United States to be seasonal,
with the largest harvests occurring during the summer and fall. Hawaiian
and territorial produce supplement the supply of fruits and vegetables
in the continental United States, especially fresh products during the
winter, resulting in increased choices for consumers. Hawaiian and
territorial producers would also benefit from the ability to more
quickly respond to the demands of consumers.

In the current process, APHIS proceeds through rulemaking once it has
conducted a risk analysis and identified what phytosanitary measures are
necessary to address the pest risk posed by the commodity for which
permission for movement into the continental United States has been
requested. The proposed rule would amend the fruits and vegetables
regulations to list the commodity as eligible for movement under
specified conditions. Requests that under the proposed process could
lead relatively quickly to the interstate shipment of particular fruits
and vegetables can face considerable delay under the rulemaking process.
One reason for this is the complexities of the rulemaking process
itself. There are certain statutory, executive branch, and departmental
process requirements that are typically not required under a
notice-based process. Another is the nature of the requests. Few if any
of these requests warrant an entire rulemaking in and of themselves. The
movement requests most likely to qualify for the notice-based process
would be for specialty crops having limited markets. These requests,
when their risk analyses have been completed and needed phytosanitary
measures have been identified, are often grouped together for
rulemaking. We estimate that by using a notice-based approach, commodity
interstate movement approvals could be accomplished 6 to 12 months
sooner than when using the rulemaking approach.

This rule would not alter the manner in which the risks associated with
a commodity movement request are evaluated, nor would it alter the
manner in which those risks are ultimately mitigated. The change would
merely create a process whereby certain fruits and vegetables from
Hawaii and the territories would be able to more quickly be approved for
movement into the continental United States, once it has been determined
that the commodity can be safely moved subject to one or more designated
risk management measures.

*Approval of Pest-free Areas*

APHIS currently recognizes changes in pest-free areas via rulemaking.
For example, if an area where fruit flies are known to exist is
determined to be free of fruit flies, in order for a fruit or vegetable
that is a fruit fly host to move out of that area into the continental
United States without treatment or other mitigation for fruit flies,
APHIS must list the specific area in the regulations as a fruit-fly free
area. If changes in the pest-free status of such areas occur, APHIS must
again revise the regulations to recognize the changes. Given that such
changes in the regulations can only be made via rulemaking, the
regulations may not reflect the actual status of a particular area given
the time it takes to propose a change to the regulations, respond to
comments on the proposal, and to publish a final rule amending the
regulations.

Under this proposal, when provided with evidence that the pest-free
status of an area has changed, APHIS would publish in the Federal
Register a notice of the proposed change in status and take public
comment for 60 days. If no comments submitted to APHIS provide evidence
that its determination of pest-freedom is incorrect, APHIS would
announce that it considers the area to be free of the specified pest and
that the area in question meets certain criteria.

There are currently no designated pest-free areas in Hawaii or the
territories. However, this proposal would allow APHIS to be more
responsive in recognizing future areas and subsequent changes in the
pest-free status of such areas in Hawaii and the U.S. territories.
Therefore, these changes should therefore have little, if any, impact.

*Listing of Specific Commodities Allowed to Move into the Continental
United States*

Under the proposed rule, currently approved commodities would no longer
be listed in the regulations, nor would commodities that are approved
for movement subject to one or more of the designated measures described
previously be listed. Consequently, the lists of commodities would be
removed from the CFR, as would a number of other provisions in current
commodity-specific sections in the regulations that authorize movement
of specific fruits and vegetables in accordance with one or more of the
designated measures.

APHIS' Hawaii/CNMI and Puerto Rico/U.S. Virgin Islands fruits and
vegetable manuals would list approved commodities and the documentation
supporting their approval would be made available on the Internet. These
changes would not alter how or whether a commodity is approved for
movement, merely how that status is presented. Therefore, these changes
should therefore have little, if any, impact.

*Regulated Articles Allowed Interstate Movement Subject to Specific
Conditions*

Currently, the regulations contain provisions for interstate movement of
certain regulated articles from Hawaii, Puerto Rico, the U.S. Virgin
Islands, and Guam to other locations in the United States subject to
inspection and other universal requirements. Most such commodities would
no longer be listed in the regulations under this proposal. Those
commodities that are allowed interstate movement subject to additional
measures beyond the notice-based process measures would be listed. Such
commodities would remain subject to the same restrictions that currently
apply to their interstate movement.

In many cases, the movement of specific fruits, vegetables, and other
products from Hawaii, Puerto Rico, the U.S. Virgin Islands, Guam, and
CNMI subject to additional measures have not been specifically listed in
the regulations. This proposed rule would therefore add some commodities
to the regulations. However, these measures are currently being enforced
administratively. Therefore, these additions to the regulations do not
represent a significant change to interstate movement policy. Therefore,
these changes should therefore have little, if any, impact.

*Reorganization of the Regulations and Consolidation of Similar
Provisions*

This proposed rule would also revise and reorganize the regulations
pertaining to the interstate movement of fruits and vegetables to
consolidate requirements of general applicability and eliminate
redundant requirements, update terms and remove outdated requirements
and references, and make various editorial and nonsubstantive changes to
the regulations to make them easier to use. These changes would not,
however, represent a change in program operations. Therefore, these
changes should therefore have little, if any, impact.

*Conclusion*

In sum, APHIS expects little impact on the total supply of fruits and
vegetables available in the continental United States, and little change
in the movement of fruits and vegetables from Hawaii and the
territories; effects on U.S. producers, marketers and consumers are
expected to be small. The main provision of this proposed rule
represents a significant structural revision of the regulations
pertaining to the movement of fruits and vegetables from Hawaii, Puerto
Rico, the U.S. Virgin Islands, Guam, and CNMI, and establishes a new
process for approving commodities for movement into the continental
United States. However, those commodity movement requests most likely to
qualify for the notice-based process are specialty crops having limited
markets. The proposed rule would not alter the conditions that apply to
currently approved fruits or vegetables.

Of particular note with respect to the approval process, the change
would allow a newly approved commodity to move more quickly into
commerce to the benefit of consumers and Hawaiian and territorial
producers once it has been determined that the commodity can be safely
moved interstate subject to one or more designated risk management
measures. This proposal, itself, would not allow for the interstate
movement of any specific fruits or vegetables, nor would it alter the
conditions for interstate movement of currently approved fruits or
vegetables except as specifically described in the proposed rule. These
proposed changes would not alter the manner in which the risk associated
with a commodity interstate movement request is evaluated, nor would it
alter the manner in which those risks are ultimately mitigated.
Consumers would have quicker access to fruits and vegetables approved
for movement using the notice-based process, while risks would still be
evaluated and appropriate mitigations required, as they are currently.

*Future Analyses*

The requirements of the Regulatory Flexibility Act for this rulemaking
are met through the following analysis. The economic effects of
approving specific commodities for interstate movement using the
streamlined approach would not be analyzed at the time of their
approval, since such approval would occur without additional rulemaking.

*Initial Regulatory Flexibility Analysis*

The Regulatory Flexibility Act of 5 U.S.C. 601 *et* seq.f1980 (Public
Law 96-354) requires agencies to evaluate the potential effects of
proposed and final rules on small businesses, small organizations, and
small governmental jurisdictions.

Section 603 of the Act requires agencies to prepare and make available
for public comment an initial regulatory flexibility analysis (IRFA)
describing the impacts of rules on small entities. Section 603(b) of the
Act specifies the content of an IRFA. Each IRFA must contain:

1.  A description of the reasons why action by the agency is being
    considered;

2.  A succinct statement of the objectives of, and legal basis for, the
    proposed rule;

3.  A description and, where feasible, an estimate of the number of
    small entities to which the proposed rule will apply;

4.  A description of the projected reporting, recordkeeping, and other
    compliance requirements of the proposed rule including an estimate
    of the classes of small entities which will be subject to the
    requirement and the type of professional skills necessary for
    preparation of the report of record;

5.  An identification, to the extent practicable, of all relevant
    Federal rules that may duplicate, overlap, or conflict with the
    proposed rule; and

6.  Descriptions of any significant alternatives to the proposed rule
    which accomplish the stated objectives of applicable statutes and
    which minimize any significant economic impact of the proposed rule
    on small entities.

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1.  [Description of the reasons why action by APHIS is being
    considered]{.underline}

This proposed rule would revise and reorganize the regulations
pertaining to the interstate movement of fruits and vegetables from
Hawaii, Puerto Rico, the U.S. Virgin Islands, Guam, and CNMI, to
consolidate requirements of general applicability and eliminate
redundant requirements, update terms and remove outdated requirements
and references, and make various editorial and nonsubstantive changes to
regulations to make them easier to use.

APHIS is also proposing to make substantive changes to the regulations.
First, this proposed rule would establish criteria within the
regulations that, if met, would allow APHIS to approve certain fruits
and vegetables for interstate movement and to acknowledge pest-free
areas in Hawaii and U.S. territories without undertaking rulemaking.
Currently, these commodities may only be brought into the continental
United States after completion of a pest risk analysis, risk management
document and rulemaking, if the commodities are not currently included
on the list of regulated articles. A similar type of notice-based
procedure has been implemented by APHIS for approving imports.
Implementing this rule would ensure equitable treatment for domestic
producers. This proposed rule would also do away with the process of
listing in the regulations specific commodities as regulated articles.
These changes would simplify the regulations and expedite the APHIS
processes for approving certain regulated articles for interstate
movement and pest-free areas while continuing to allow for public
participation in the process.

2\. [Objectives of, and legal basis for, the proposed rule]{.underline}

In the Hawaii and territorial fruits, vegetables, and flowers
regulations (7 CFR 318.13 through 318.13-17, 318.58 through 318.58-16,
and 318.82 through 318.82-3), the Animal and Plant Health Inspection
Service (APHIS) of the U.S. Department of Agriculture (USDA) prohibits
or restricts the interstate movement of fruits, vegetables, and other
products from Hawaii, Puerto Rico, the Virgin Islands of the United
States, and Guam to the continental United States to prevent the spread
of plant diseases and pests that occur in Hawaii and the territories.

By eliminating the need for specific prior rulemaking for commodities
for which the notice-based process would be appropriate, considerable
time savings could be reaped. The current process for approving fruits
and vegetables for interstate movement takes a notable period of time,
ranging on average from 18 months to 3 years (beginning with the initial
request and ending with the publication of the final rule).

Consumers benefit from the ability to purchase fruits and vegetables
from a wide variety of sources. Many of the commodities that are likely
to be covered by this rule are niche products, unavailable or limited in
availability in the continental United States. This rule would allow
producers in Hawaii and the U.S. territories to more quickly meet
continental United States consumer demand for those niche products. In
addition, climate causes most fruit and vegetable production in the
continental United States to be seasonal, with the largest harvests
occurring during the summer and fall. Speeding up the process of
approving the interstate movement of fruits and vegetables from Hawaii
and the U.S. territories would allow continental supplies to be more
quickly supplemented, especially of fresh products during the winter;
increased choices for consumers and more markets for producers would
occur sooner than under the rulemaking process.

The Plant Protection Act (7 U.S.C. 7701 *et seq.*) gives authority to
the Secretary of Agriculture to prohibit or restrict the importation,
entry, exportation, or movement in interstate commerce of any plant,
plant product, biological control organism, noxious weed, article, or
means of conveyance if the Secretary determines that the prohibition or
restriction is necessary to prevent the introduction of a plant pest or
noxious weed within the United States. The Secretary has delegated this
authority to the APHIS Administrator.

3\. [Description and estimate of the number of small entities to which
the proposed rule will apply]{.underline}

Those entities most likely to be economically affected by the rule are
wholesalers and producers of fruits and vegetables. The Small Business
Administration (SBA) has established guidelines for determining which
establishments are to be considered small. A firm primarily engaged in
wholesaling fresh fruits and vegetables is considered small if it
employs not more than 100 persons. In 2002, about 95 percent (4,044 of
4,244) of fresh fruit and vegetable wholesalers in the United States
were small by SBA standards.[^2] All types of fruit and vegetable farms
are considered small if they have annual receipts of \$0.75 million or
less. With some exceptions, vegetable and melon farms are largely
individually owned and relatively small, with two-thirds harvesting
fewer than 25 acres. In 2002, between 80 and 84 percent of U.S.
vegetable and melon farms were considered small. Similarly, although
numbers have declined, fruit and tree nut production is still dominated
by small, family or individually run farm operations. In 2002, between
92 and 95 percent of all fruit and tree nut farms were considered
small.[^3]

Based on the information that is available, the effects of this rule
should be small whether the entity affected is small or large. Those
commodity interstate movement requests most likely to qualify for the
notice-based process would be for specialty crops with limited markets.
This proposal would merely allow certain commodities to move more
quickly into interstate commerce to the benefit of consumers and
Hawaiian and territorial producers, once it has been determined that the
commodity can be safely moved subject to one or more designated risk
management measures. Hence, we expect little impact on the total volume
of U.S. fruits and vegetables, or on U.S. producers, marketers and
consumers.

Nevertheless, we invite public comment on the proposed rule, including
any comment on the expected impacts for small entities, and on how the
proposed rule could be modified to reduce expected costs or burdens for
small entities consistent with its objectives. Any comment suggesting
changes to the proposed criteria should be supported an explanation of
why the changes should be considered.

4\. [Description of the projected reporting, recordkeeping, and other
compliance requirements for small entities]{.underline}

The proposed rule contains, under the heading "Paperwork Reduction Act,"
a description of the information collection and recordkeeping
requirements associated with the proposed rule.

5\. [Duplication, overlap or conflict with other Federal
rules]{.underline}

APHIS has not identified any duplication, overlap, or conflict of the
proposed rule with other Federal rules.

6\. [Description of any significant alternatives to the proposed
rule]{.underline}

An alternative to this rule would be to simply continue under APHIS'
current process for authorizing the interstate movement of fruits and
vegetables. In this case, we would continue to list all newly approved
fruits and vegetables in the regulations through notice-and-comment
rulemaking. Maintaining the current process for all regulated articles
is unnecessary. A notice-based procedure has been implemented by APHIS
for approving imports and is working successfully, and we believe a
similar process for approving the interstate movement of certain
articles would be appropriate. Thus, we believe that the new approach
would enable us to be more responsive to interstate movement requests
while maintaining transparent decision-making. Therefore this
alternative was rejected.

[^1]: Regulated articles are fruits and vegetables that APHIS has
    determined to not involve the risk of spreading plant pests as
    ordinarily packaged or after treatment.

[^2]: 2002 Economic Census. Department of Commerce. US Bureau of the
    Census. North American Industry Classification System (NAICS)
    Category -- 424480: Fresh fruit & Vegetable wholesalers.

[^3]: 2002 Census of Agriculture. US Department of Agriculture. National
    Agricultural Statistics Service. NAICS Categories -- 1112: Vegetable
    and melon farming; 1113: Fruit and tree nut farming.