United States 

Department of 

Agriculture

Animal and 

Plant Health 

Inspection 

Service

September

2013

Analysis in Support of Certification that the 

Rule will not have a Significant Economic 

Impact on a Substantial Number of Small 

Entities

Final Rule

APHIS-2011-0085

RIN 0579-AD76

Consolidation of Permit Procedures; Denial 

and Revocation Permits

Policy & Program Development

Policy Analysis & Development
i

Summary

APHIS is establishing regulations that contain and consolidate generally applicable 

requirements for obtaining a permit to import or move interstate plants and plant products. The 

requirements contained in the new 7 CFR § 319.7 will provide applicants more detailed 

information on the information required for a permit, the application process, and reasons why a 

permit may be denied or revoked. APHIS’ goal is to ensure that the provisions for approving, 

denying, or cancelling a permit are objective and clear, while upholding APHIS’s mission of 

reducing the risk of dissemination of plant pests and noxious weeds. To that end, APHIS will

use the permit process to establish a legal agreement with the recipient of a permit that provides 

clear and continuous accountability.

Entities that may be affected by the rule are importers of restricted plants and plant 

products, including flowers, nursery stock, fruits and vegetables, cotton, sugarcane, logs, packing 

materials, other manufactured wood articles, and coffee, as well as importers of plants designated 

as noxious weeds, honeybees and honeybee semen, and regulated articles allowed entry on a 

temporary basis, such as for transshipment. While nearly all of the entities that may be affected 

by the rule are small, none of the effects would be economically significant. The rule will make 

the permit procedures more transparent and easier to use, enable APHIS to evaluate a permit 

allocation more quickly and thoroughly, and allow for more efficient control of the issuance of 

permits and entry of regulated articles. 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.
ii

Table of Contents

Summary.............................................................................................................................. i

Introduction......................................................................................................................... 1

Potential Impact on Small Entities...................................................................................... 2
1

Introduction 

This analysis provides the basis, as required by the Regulatory Flexibility Act, for 

certification by the APHIS Administrator that the rule will not have a significant economic 

impact on a substantial number of small entities.

Under the Plant Protection Act (PPA), the Secretary of Agriculture may prohibit or 

restrict the importation, entry, exportation or movement in interstate commerce, of any plant, 

plant product, noxious weed, or article if the Secretary determines that the prohibition or 

restriction is necessary to prevent the introduction or dissemination of plant pests or noxious 

weeds. The PPA further allows the Secretary to issue regulations to implement these 

prohibitions and restrictions, including those that require that importation or interstate movement 

of plants, plant products, noxious weeds, or other regulated articles be accompanied by a written 

permit. These regulations are administered and enforced by the Plant Protection and Quarantine 

program of APHIS.

APHIS is establishing regulations that contain and consolidate generally applicable 

requirements for obtaining a permit to import or move interstate plants and plant products. The 

requirements contained in the new 7 CFR § 319.7 will provide applicants more detailed 

information on the information required for a permit, the application process, and reasons why a 

permit may be denied or revoked. APHIS’ goal is to ensure that the provisions for approving, 

denying, or cancelling a permit are objective and clear, while upholding APHIS’s mission of 

reducing the risk of dissemination of plant pests and noxious weeds. To that end, APHIS will 

use the permit process to establish a legal agreement with the recipient of a permit that provides 

clear and continuous accountability.
2

Potential Impact on Small Entities

Entities that may be affected by the rule are importers of lumber and plywood (NAICS 

423310), importers of other miscellaneous durable goods, such as logs, timber and packing 

material (NAICS 423990), importers of drugs, druggists’ supplies, herbs and weeds (NAICS 

424210), importers of flowers, nursery stocks, and florists’ supplies (NAICS 424930), importers 

of fresh fruits and vegetables (NAICS 424480), importers of other grocery and related products, 

such as coffee (NAICS 424490), importers of grains and field beans (NAICS 424510), importers 

of other farm product raw material, such as raw cotton, sugarcane, honeybees and honeybee 

semen (NAICS 424590), and importers of farm supplies (NAICS 424910). The Small Business 

Administration (SBA) has established guidelines for determining which establishments are to be 

considered small. Imports/export merchants, agents and brokers are identified within the broader 

wholesaling trade sector. 

A firm classified within any of these NAICS wholesale industry categories is considered 

small if it employs not more than 100 persons. Based on information from the 2007 Economic 

Census, as shown in Table 1, the majority of entities that comprise these industries have fewer 

than 100 employees.

While nearly all of the entities that may be affected by the rule are small, none of the 

effects would be economically significant. The rule would make the permit procedures more 

transparent and easier to use, enable APHIS to evaluate a permit allocation more quickly and 

thoroughly, and allow for more efficient control of the issuance of permits and entry of regulated 

articles. Under these circumstances, the APHIS’ Administrator has determined that this action

will not have a significant economic impact on a substantial number of small entities.

Table 1. Prevalence of small entities in certain industries that may be affected by the rule, 2007

Industry Number Number of Number of Number of Small-entity 
3

Wholesale Merchants of All 

Establishments

Establishments 

that operated the 

entire year

Establishments 

with more than 

100 employees 

that operated the 

entire year

Establishments with 

less than 100 

employees that 

operated the entire 

year

Establishments as a 

percentage of those 

that operated the entire 

year

Lumber, plywood, 

millwork, wood panel

(NAICS 423310) 8,984 8,303 2,123 6,180 74%

Other miscellaneous 

durable goods, 

construction material 

logs, timber, packing 

material

(NAICS 423990)

10,270 8,764 532 8,232 94%

Drugs, druggists’ 

supplies, botanical 

drugs, herbs, weeds,

(NAICS 424210)

8,535 7,700 2,321 5,379 70%

Fresh Fruits and 

Vegetables

(NAICS 424480) 5,074 4,437 230 4,207 95%

Other Grocery and 

related products,

(coffee)

(NAICS 424490)

13,068 11,763 3,286 8,477 72%

Grains and Field Beans

(NAICS 424510) 4,851 4,680 1,238 3,442 74%

Other farm product 

raw material (raw 

cotton, sugarcane, 

honey bees, honeybee 

semen)

(NAICS 424590)

765 663 43 620 94%

Farm supplies

(NAICS 424910) 7,738 7,199 61 7,138 99 %

Flower, Nursery Stock, 

and Florists’ Supplies

(NAICS 424930) 4,218 3,601 67 3,534 98%

Source: 2007 Economic Census. Sector 42: Wholesale Trade: Subject Series- Establishment & Firm Size: Summary 

Statistics by Employment size of establishments for the United States. U.S. Census Bureau, American FactFinder,

ID ECON742SSSZ2. http://factfinder2.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2