Revision of the Hawaiian and Territorial Fruits and Vegetables Regulations, 34202-34224 [E8-13480]

Agencies

• DEPARTMENT OF AGRICULTURE
• Animal and Plant Health Inspection Service

[Federal Register Volume 73, Number 117 (Tuesday, June 17, 2008)]
[Proposed Rules]
[Pages 34202-34224]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13480]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 73, No. 117 / Tuesday, June 17, 2008 / 
Proposed Rules

[[Page 34202]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 305 and 318

[Docket No. APHIS-2007-0052]
RIN 0579-AC70


Revision of the Hawaiian and Territorial Fruits and Vegetables 
Regulations

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to revise and reorganize the regulations 
pertaining to the interstate movement of fruits and vegetables from 
Hawaii and the territories 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remove outdated requirements and references, and make various editorial 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. We are also proposing to make substantive changes to the 
regulations including establishing criteria within the regulations 
that, if met, would allow us to approve certain new fruits and 
vegetables for interstate movement in the United States and to 
acknowledge pest-free areas in Hawaii and U.S. territories 
expeditiously, and removing the listing in the regulations of some 
specific commodities as regulated articles. These changes are intended 
to simplify and expedite our processes for approving certain regulated 
articles for interstate movement and pest-free areas while continuing 
to allow for public participation in the processes. This proposal, if 
adopted, would not allow for the interstate movement of any specific 
new fruits or vegetables, nor would it alter the conditions for 
interstate movement of currently approved fruits or vegetables. These 
proposed changes would make our domestic interstate movement 
regulations more consistent with our fruits and vegetables import 
regulations. The proposed changes would not alter the manner in which 
the risk associated with a regulated article interstate movement 
request is evaluated, nor would it alter the manner in which those 
risks are ultimately mitigated.

DATES: We will consider all comments that we receive on or before 
August 18, 2008.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to https://
www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2007-0052 to submit or view comments and 
to view supporting and related materials available electronically.
     Postal Mail/Commercial Delivery: Please send two copies of 
your comment to Docket No. APHIS-2007-0052, Regulatory Analysis and 
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, 
Riverdale, MD 20737-1238. Please state that your comment refers to 
Docket No. APHIS-2007-0052.
    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. David Lamb, Import Specialist, 
Commodity Import Analysis and Operations, PPQ, APHIS, 4700 River Road 
Unit 133, Riverdale, MD 20737-1231; (301) 734-8758.

SUPPLEMENTARY INFORMATION: 

Background

    Under the regulations in 7 CFR part 318, ``Hawaiian and Territorial 
Quarantine Notices'' (referred to below as the regulations), the Animal 
and Plant Health Inspection Service (APHIS) of the U.S. Department of 
Agriculture (USDA or the Department) prohibits or restricts the 
interstate movement of fruits, vegetables, and other products from 
Hawaii, Puerto Rico, the U.S. Virgin Islands, and Guam to the 
continental United States to prevent the spread of plant pests and 
noxious weeds that occur in Hawaii and the territories.
    We are proposing to revise and reorganize those portions of 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. 
We are also proposing to make substantive changes to the regulations 
including: Establishing criteria within the regulations that, if met, 
would allow us to approve certain new fruits and vegetables for 
interstate movement in the United States and to acknowledge pest-free 
areas in Hawaii and U.S. territories expeditiously; and removing the 
listing in the regulations of some specific commodities as regulated 
articles. These changes are intended to simplify and expedite our 
processes for approving certain regulated articles for interstate 
movement and pest-free areas while continuing to allow for public 
participation in the processes. This proposal, if adopted, would not 
allow for the interstate movement of any specific new fruits or 
vegetables, nor would it alter the conditions for interstate movement 
of currently approved fruits or vegetables. These proposed changes 
would make our domestic interstate movement regulations more consistent 
with our fruits and vegetables import regulations. The proposed changes 
would not alter the manner in which the risk associated with a 
regulated article's interstate movement request is evaluated, nor would 
it alter the manner in which the risk is ultimately mitigated.

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 product.

[[Page 34203]]

    The regulations are divided into five subparts: Hawaiian Fruits, 
Vegetables, and Flowers (Sec. Sec.  318.13 through 318.13-17); 
Territorial Cotton, Cottonseed, and Cottonseed Products (Sec. Sec.  
318.47 through 318.47-4); Fruits and Vegetables From Puerto Rico or the 
Virgin Islands (Sec. Sec.  318.58 through 318.58-16); Sand, Soil, or 
Earth, with Plants From Territories and Districts (Sec.  318.60); and 
Guam (Sec. Sec.  318.82 through 318.82-3). For the purposes of this 
proposal, we will focus on three of those subparts: Hawaiian Fruits, 
Vegetables, and Flowers; Fruits and Vegetables From Puerto Rico or the 
Virgin Islands; and Guam. The Territorial Cotton, Cottonseed, and 
Cottonseed Products subpart and Sand, Soil, or Earth, with Plants From 
Territories and Districts subpart are not addressed in this proposal.
    Of the three subparts that are the focus of this proposal, each 
subpart contains a list of regulated articles from each State or 
territory, requirements of general applicability, as well as specific 
requirements regarding certain regulated articles.
    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 dissemination of plant pests or noxious weeds 
within the United States. These restrictions are known as phytosanitary 
measures, and include any activities that have the effect of reducing 
the plant pest risk posed by a fruit, vegetable, or other product.
    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 applicable to the 
interstate movement of all commodities. A partial list of the 
commodities that may be moved interstate from Hawaii and from Puerto 
Rico or the U.S. Virgin Islands under these conditions may be found in 
Sec. Sec.  318.13-2 and 318.58-2, respectively. 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 regulated article. Requirements 
for the interstate movement of these commodities can be found in (( 
318.13-4b through 318.13-4j and Sec. Sec.  318.58-4a through 318.58-4c.

Proposed Revisions

Reorganization of the Regulations and Consolidation of Similar 
Provisions
    The Hawaii subpart and the Puerto Rico and U.S. Virgin Islands 
subpart are constructed in a similar manner and, with the exception of 
commodity-specific sections, each subpart contains the following 17 
sections that can be applied to all commodities moving interstate from 
those areas:
     Notice of quarantine;
     Definitions;
     Conditions of movement;
     Conditions governing the issuance of certificates or 
limited permits;
     Application for inspection;
     Container marking and identity;
     Products as ships' stores or in the possession of 
passengers or crew;
     Articles and persons subject to inspection;
     Inspection of means of conveyance;
     Inspection of baggage, other personal effects, and cargo;
     Disinfection of means of conveyance;
     Posting of warning notice and distribution of baggage 
declarations;
     Movement by the U.S. Department of Agriculture;
     Parcel post inspection;
     Costs and charges;
     Withdrawal of certificates, transit permits, limited 
permits, or compliance agreements; and
     Transit of fruits and vegetables from Hawaii or the 
territories into or through the United States.
    With the exception of the provisions regarding the posting of 
warning notices and distribution of baggage declarations, which appear 
only in the Hawaii subpart, there is little to no variation between the 
subparts in these 17 sections; any differences are more editorial then 
substantive. Each subpart also contains commodity-specific instructions 
for the movement of certain regulated articles. As explained later in 
this document, if this proposal is adopted, all of those sections would 
be removed from or relocated in the regulations. (See ``Regulated 
Article-Specific Provisions'' section later in this document.) While 
the interstate movement of regulated articles from Guam is covered 
within the scope of the Guam subpart, that subpart is outdated and most 
interstate movement requirements for Guam are not accurately reflected 
in the subpart.
    We are proposing to reorganize the regulations by combining the 
three Hawaiian and territorial subparts into one single subpart, 
``Regulated Articles From Hawaii and the Territories'' (Sec. Sec.  
318.13-1 through 318.13-25). In doing so, we would consolidate the 
generally applicable provisions that now appear in each subpart. We 
would also explicitly include the Commonwealth of the Northern Mariana 
Islands (CNMI) within the scope of the regulations and update the 
regulations to reflect administrative and procedural processes that 
have been modified or established since we last updated the 
regulations.
    In some cases, we would make no changes to the content of the 
current sections, but simply change their paragraph and section 
designations. In other cases, we would amend the text to make the 
regulations easier to understand, to correct errors, or to update them 
to reflect current APHIS operating procedures.
    In order to facilitate review of this proposal, which, if adopted, 
would relocate all current provisions to new sections within the 
regulations, we have prepared a cross-reference table that links the 
current provisions with the proposed provisions. The cross-reference 
document may be viewed on the Regulations.gov Web site (see ADDRESSES 
above for instructions for accessing Regulations.gov) and may be 
obtained by contacting the person listed under FOR FURTHER INFORMATION 
CONTACT. The cross-reference document may also be viewed in our reading 
room (information on the location and hours of the reading room is 
provided under the heading ADDRESSES at the beginning of this proposed 
rule).

Section-by-Section Discussion of Additional Amendments

    Additional proposed amendments to the regulations are discussed 
below, by proposed section.

Notice of Quarantine (Proposed Sec.  318.13-1)

    Proposed Sec.  318.13-1 describes the authority held by the 
Secretary of Agriculture to regulate the interstate movement of fruits, 
vegetables, and other regulated articles.\1\ Proposed Sec.  318.13-1 
would continue to prohibit the interstate movement of fruits and 
vegetables and associate plants and portions of plants and other 
regulated articles except as provided in the Hawaii and territorial 
quarantine regulations or elsewhere in part 318. These proposed 
provisions were all drawn from and are consistent with those found in 
the existing Hawaiian and territorial subparts.
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    \1\ The Secretary of Agriculture has delegated authority for the 
formulation, direction, and supervision of APHIS policies, programs, 
and activities to the Administrator of APHIS.

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[[Page 34204]]

Definitions (Proposed Sec.  318.13-2)

    Proposed Sec.  318.13-2 contains definitions of terms used in the 
subpart. All the terms and their definitions were drawn from the 
existing Hawaiian and territorial subparts; however, we are proposing 
to make some substantive changes, including revising, adding, and 
removing certain definitions. Specifically, we are proposing to revise 
definitions for fruits and vegetables, interstate, and person. These 
new definitions would clarify the meaning of those terms in the context 
of the revised regulations.
    We are also proposing to add definitions for approved growing 
media, lot, regulated article, and soil. We are proposing to replace 
the current definition of certificate with a definition for 
certification. As explained later in this document under the section 
titled ``General Requirements for All Regulated Articles (Proposed 
Sec.  318.13-3),'' the term certification more accurately reflects 
current operating procedures. We are proposing to replace the current 
definition of commercial shipment with a definition of commercial 
consignment in order to eliminate confusion over what constitutes a 
``shipment.'' We are also proposing to replace the current definition 
of plant litter with a definition of plant debris in order to provide 
the most up-to-date term. All new and revised definitions may be found 
in Sec.  318.13-2 in the regulatory text at the end of this document.
    We are proposing to remove the definitions for administrative 
instructions; cactus plants; cereals; cotton and cotton covers; mango 
seeds; rice straw; seeds; State, territory, or district of the United 
States; and sugarcane or parts or by-products thereof because these 
terms are not used in the proposed new subpart.

General Requirements for All Regulated Articles (Proposed Sec.  318.13-
3)

    As explained earlier in this document, we are proposing to 
consolidate all existing general requirements for the interstate 
movement of regulated articles into Sec.  318.13-3. These requirements 
include provisions that pertain to:
     Freedom of regulated articles from plant debris;
     Certification;
     Limited permits;
     Compliance agreements;
     Withdrawal of certification, transit permits, limited 
permits, or compliance agreements;
     Container marking and identity;
     Refusal of entry;
     Costs and charges; and
     Responsibility for damage arising from quarantine actions 
or procedures.
    The current provisions for these requirements are contained in 
Sec. Sec.  318.13 through 318.13-4, Sec. Sec.  318.13-5 through 318.13-
17, Sec. Sec.  318.58 through 318.58-4, Sec. Sec.  318.58-5 through 
318.58-16, Sec.  318.82-2, and Sec.  318.82-3. In consolidating those 
provisions into a single section, we would set out the general 
requirements as follows:
Freedom From Plant Debris
    Proposed Sec.  318.13-3(a) would require that fruits and vegetables 
moved interstate from Hawaii, Puerto Rico, the U.S. Virgin Islands, 
CNMI, or Guam must be free from plant debris. These proposed provisions 
are drawn from and are consistent with those found in the existing 
Hawaiian and territorial subparts.
Certification
    Proposed Sec.  318.13-3(b) contains provisions under which 
certificates or limited permits may be issued for the movement of 
regulated articles under certain conditions. These proposed provisions 
were drawn from and are consistent with the provisions that appear in 
the corresponding sections of each of the Hawaiian and territorial 
subparts. However, while the regulations refer to the issuance of 
certificates, APHIS inspectors do not issue certificates, but rather 
stamp shipping boxes and/or containers or accompanying documents with a 
release stamp as a verification of certification. Therefore, we are 
proposing to amend the regulations by removing all references to 
issuing certificates, and we would instead use the term certification.
Limited Permits
    Proposed Sec.  318.13-3(c) contains provisions for the issuance of 
limited permits. These proposed provisions were drawn from and are 
consistent with the provisions that appear in the corresponding 
sections of each of the Hawaiian and territorial subparts.
Compliance Agreements
    Proposed Sec.  318.13-3(d) contains provisions for entering into 
compliance agreements with APHIS. These provisions were drawn from and 
are consistent with the provisions that appear in the corresponding 
sections of each of the Hawaiian and territorial subparts. We are also 
proposing to require persons wishing to move fruits and vegetables 
interstate under certain approved notice-based measures to enter into a 
compliance agreement with APHIS. Specifically, we would require 
compliance agreements for persons wishing to move fruits and vegetables 
from fruit fly-free areas, in commercial consignments, or with 
inspection in the State of origin. The compliance agreement would help 
APHIS to trace back consignments should problems occur with the 
shipment as well as to monitor the establishment in which the fruits 
and vegetables are grown, packed, and otherwise processed.
Attachment of Limited Permit or Verification of Certification
    Proposed Sec.  318.13-3(e) contains provisions pertaining to the 
attachment of certification and limited permits. These provisions were 
drawn from and are consistent with the provisions that appear in the 
corresponding sections of each of the Hawaiian and territorial 
subparts.
Withdrawal of Transit Permits, Limited Permits, or Compliance 
Agreements
    Proposed Sec.  318.13-3(f) contains conditions under which APHIS 
will withdraw certification, transit permits, limited permits, or 
compliance agreements. These provisions were drawn from and are 
consistent with the provisions that appear in the corresponding 
sections of each of the Hawaiian and territorial subparts.
Container Marking and Identity
    Proposed Sec.  318.13-3(g) contains provisions regarding container 
marking and identity. These provisions were drawn from and are 
consistent with the provisions that appear in the corresponding 
sections of each of the Hawaiian and territorial subparts.
Refusal of Entry
    Proposed Sec.  318.13-3(h) explains conditions under which APHIS 
would refuse entry of a regulated article. Specifically, paragraph (h) 
provides that if an inspector finds that a regulated article is 
prohibited, or is not accompanied by required documentation, or is so 
infested with a plant pest or noxious weed that, in the judgment of the 
inspector, it cannot be cleaned or treated, or contains soil or other 
prohibited contaminants, the entire lot or consignment may be refused 
movement elsewhere in the United States. This change would clearly 
state our existing authority in the regulations and would not affect 
program operations in any way.
Costs and Charges for APHIS Services
    Proposed Sec.  318.13-3(i) contains provisions related to costs and 
charges for APHIS services. These provisions were drawn from and are 
consistent

[[Page 34205]]

with the provisions that appear in the corresponding sections of each 
of the Hawaiian and territorial subparts.
APHIS Not Responsible for Damage
    Proposed Sec.  318.13-3(j) contains provisions pertaining to 
responsibility for damages to regulated articles resulting from 
required treatments. These provisions were drawn from and are 
consistent with the provisions that appear in the corresponding 
sections of each of the Hawaiian and territorial subparts.

Approval of Certain Fruits and Vegetables for Interstate Movement 
(Proposed Sec.  318.13-4)

    Under our current process, in order for a fruit or vegetable to be 
approved for interstate movement from Hawaii, Puerto Rico, Guam, the 
U.S. Virgin Islands, the Commonwealth of Northern Mariana Islands, or 
any other territory or possession of the United States, APHIS, after 
receiving the movement request from a State or territory, first gathers 
information on the fruit or vegetable and then performs a pest risk 
analysis. The pest risk analysis usually contains two main components: 
(1) A risk assessment, to determine what pests of quarantine 
significance are associated with the fruit or vegetable and which of 
those are likely to follow the import pathway, and (2) a risk 
management analysis, to identify phytosanitary measures that could be 
applied to the fruit or vegetable and evaluate the potential 
effectiveness of those measures. When the risk analysis is complete, 
APHIS may then propose to allow the interstate movement of the fruit or 
vegetable through a proposed rule published in the Federal Register. 
Following its evaluation of public comments on the proposal and any 
other supporting documentation, APHIS may then issue a final rule that 
specifically lists the fruit or vegetable, and any applicable 
phytosanitary measures, in the regulations. The results of a pest risk 
analysis may also reveal that the risks posed by a fruit or vegetable 
cannot be sufficiently mitigated for a variety of reasons, and such 
movement continues to be prohibited. The current process for approving 
new commodities for interstate movement takes a significant period of 
time, ranging on average from 18 months to over 3 years (beginning with 
the initial request and ending with the publication of a final rule).
    In a final rule published on July 18, 2007 (72 FR 39482-39528, 
Docket No. APHIS-2005-0106) and effective on August 17, 2007, we 
established a performance-based process for approving the importation 
of commodities that, based on the findings of a pest risk analysis, can 
be safely imported subject to one or more of the designated 
phytosanitary measures listed in Sec.  319.56-4(b) of the regulations. 
These measures are:
     The fruits or vegetables are subject to inspection upon 
arrival in the United States and comply with all applicable provisions 
of Sec.  319.56-3;
     The fruits or vegetables are imported from a pest-free 
area in the country of origin that meets the requirements of Sec.  
319.56-5 for freedom from that pest and are accompanied by a 
phytosanitary certificate stating that the fruits or vegetables 
originated in a pest-free area in the country of origin;
     The fruits or vegetables are treated in accordance with 7 
CFR part 305;
     The fruits or vegetables are inspected in the country of 
origin by an inspector or an official of the national plant protection 
organization of the exporting country, and have been found free of one 
or more specific quarantine pests identified by the risk analysis as 
likely to follow the import pathway; and/or
     The fruits or vegetables are imported as commercial 
consignments only.
    In response to comments received on our proposed rule that preceded 
the July 2007 final rule, and in order to make our domestic regulations 
consistent with our import regulations, we are proposing to establish a 
similar regulatory approach that would allow APHIS to approve or reject 
certain fruits and vegetables for interstate movement from Hawaii and 
the territories. The process, which would be codified in proposed Sec.  
318.13-4, would entail the publication of notices in the Federal 
Register to advise the public of the findings of pest risk analyses and 
invite comment on those analyses prior to authorizing the interstate 
movement of any fruit or vegetable. The proposed measures, which are 
referred to as ``designated measures'' elsewhere in this document, 
would be similar, but not identical to those which are located in Sec.  
319.56-4, given that the proposed designated measures have been 
modified to account for the differences between interstate movement and 
importation. For example, in the current Hawaii/territorial 
regulations, inspectors must certify consignments through inspection or 
treatment before consignments may move interstate. Therefore, we have 
included certification as part of two designated measures--treatment 
and inspection in the State of origin. Also, Sec.  319.56-4 lists 
inspection upon arrival in the United States as a designated measure 
for imports. In proposed Sec.  318.13-4 we require that the inspection 
take place in the State of first arrival, which more accurately 
reflects the fact that the consignment is already in commerce in the 
United States. In Sec.  319.56-4, inspection in the country of origin 
by an inspector or an official of the national plant protection 
organization (NPPO) of the exporting country is listed as a designated 
measure, while this proposed rule would provide that inspection and 
certification take place in the State of origin by an inspector. The 
inspector could be a State agricultural inspector or an individual 
authorized by APHIS or the Department of Homeland Security. Finally, 
Sec.  319.56-4 provides that fruits or vegetables coming from approved 
pest-free areas be accompanied by a phytosanitary certificate. States 
do not issue phytosanitary certificates, nor do they issue any 
comparable document; therefore, the proposed equivalent measure would 
not provide for the issuance of additional documentation for 
consignments moving from pest-free areas. The proposed designated 
measures are as follows:
     Inspection in the first State of arrival and subject to 
other general requirements of proposed Sec.  318.13-3.
     Origination from a pest-free area in the State of origin 
in accordance with proposed Sec.  318.13-5.
     Treatment in accordance with part 305 and certification of 
applied treatment for pest(s).
     Commercial consignments only.
     Inspection and certification that the fruit or vegetable 
is pest free in the State of origin by an inspector.
    This proposed process for approving interstate movement would apply 
only to fruits and vegetables, not propagative material or other 
products (i.e., cut flowers, seeds, etc.) that are regulated under 7 
CFR part 318. Further, the proposed process would apply only to those 
fruits and vegetables that, based on the findings of risk analysis, we 
determine can be safely moved subject to one or more of the designated 
measures.
    We believe the proposed process would measurably speed up the 
evaluation and approval or denial of requests for interstate movement 
of fruits and vegetables, while continuing to provide opportunity for 
public analysis of and comment on the evidence used in our evaluation 
of the potential pest risks associated with the fruit or vegetable.
    In addition to the phytosanitary measures added to the regulations 
for the notice-based approach in the July

[[Page 34206]]

2007 final rule, we have evaluated one additional measure, limited 
distribution, for the notice-based process in this proposal. Limited 
distribution would be applied if the results of the pest risk analysis 
indicated that the risk of introducing specific pests of concern could 
be mitigated by limiting the geographical area within which the fruit 
or vegetable could be moved interstate. For example, based on the 
quarantine pest(s) identified, a pest risk analysis may determine that 
a mitigation measure should be to limit distribution of the fruit or 
vegetable to Alaska because the climate there would not be conducive 
for the particular pest's establishment. There are also box marking 
requirements that are associated with this measure to ensure that 
consignments are not misdirected. Using the previous example, we would 
require the shipping containers be marked as ``For Distribution in 
Alaska Only.''
    We have determined that limited distribution has a good track 
record of efficacy when used in combination with one or more of the 
other proposed designated measures. There are a number of regulated 
articles that currently move from Hawaii under distribution limitations 
(e.g., litchi and longan may not be moved interstate into Florida, and 
avocados may only be moved interstate to Alaska). Therefore, we are 
proposing to include this measure in the list of designated measures in 
this proposed rule.
    The interstate movement of fruits and vegetables that require 
additional phytosanitary measures beyond one or more of the designated 
measures cited above would continue to be authorized through specific 
prior rulemaking. For ease of discussion in this document, we refer to 
the proposed streamlined process as the ``notice-based process'' and 
the existing process as the ``rulemaking-based process.'' Note that the 
determination as to which process to follow (rulemaking or the notice-
based process) would be based exclusively on the conclusions of a risk 
analysis.
    Using the proposed notice-based process, when APHIS receives a 
request from a State Department of Agriculture to allow interstate 
movement of an additional fruit or vegetable, it would gather 
information on the fruit or vegetable and conduct a pest risk 
assessment. When the assessment is complete, if quarantine pests are 
associated with the fruit or vegetable in the State of origin,\2\ we 
would evaluate whether the risk posed by each quarantine pest can be 
mitigated by one or more of the designated measures cited previously in 
this document.\3\ If the designated measures alone are not sufficient 
to mitigate the risk posed by the fruit or vegetable--i.e., if 
additional risk mitigation is required beyond one or more of the 
designated phytosanitary measures--any further action on approving the 
fruit or vegetable for interstate would be undertaken using the 
rulemaking-based process for authorizing new fruits and vegetables for 
interstate movement. However, if APHIS determines in a risk management 
analysis that the risk posed by each identified quarantine pest 
associated with the fruit or vegetable in the State of origin can be 
mitigated by one or more of the designated measures, our findings would 
be communicated using the notice-based process; APHIS would publish in 
the Federal Register, for a public comment period of a minimum of 60 
days, a notice announcing the availability of the pest risk analysis. 
Each pest risk analysis made available for public comment will specify 
which of the designated phytosanitary measures would be required to be 
applied by APHIS.
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    \2\ Risk analyses could consider a State or territory, part of a 
State or territory, or all or parts of several States or 
territories.
    \3\ If no quarantine pests are identified in the pest risk 
analysis as likely to follow the pathway, a detailed risk management 
analysis would likely not be performed, but the interstate movement 
of the commodity would still be subject to the general requirements 
of proposed Sec.  318.13-3.
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    Under the notice-based process, APHIS would evaluate the comments 
we received in response to our notice of availability of the risk 
analysis. In the event that we receive no comments, or in the event 
that commenters do not provide APHIS with information that shows that 
the conclusions of the pest risk analysis are incorrect and that 
changes to the pest risk analysis are necessary, APHIS would then 
publish another notice in the Federal Register announcing that the 
Administrator has determined that, based on the information available, 
the application of one or more of the designated measures described 
above (and as specified in a given pest risk analysis) is sufficient to 
mitigate the risk that plant pests or noxious weeds could be introduced 
into or disseminated within the United States via the moved fruit or 
vegetable. APHIS would also respond to all substantive comments 
received on the initial notice in this second notice. APHIS would begin 
allowing the interstate movement of the particular fruit or vegetable, 
subject to the conditions described in the pest risk analysis, 
beginning on the date the Federal Register notice is published.
    In the event that commenters provide APHIS with information that 
shows that changes to the pest risk analysis are necessary, and if the 
changes made affect the conclusions of the analysis (i.e., that the 
application of the identified phytosanitary measures will not be 
sufficient to mitigate the risk posed by the identified pests), APHIS 
would proceed as follows:
     If additional phytosanitary measures beyond the designated 
measures described earlier in this document are determined to be 
necessary to mitigate the risk posed by the particular fruit or 
vegetable, any further action on the fruit or vegetable would follow 
the rulemaking-based process.
     If additional risk mitigation measures beyond those 
evaluated in the pest risk analysis are determined to be necessary, but 
the added measures still only include one or more of the designated 
measures described earlier in this document, APHIS may publish another 
notice announcing that the Administrator has determined that the 
application of one or more of the designated measures will be 
sufficient to mitigate the risk that plant pests or noxious weeds could 
be disseminated within the United States via the interstate movement of 
the fruit or vegetable. The notice would explain the additional 
mitigation measures that will be required for the interstate movement 
of the fruit or vegetable to be authorized and how APHIS made its 
determination. APHIS would begin allowing the interstate movement for 
the particular fruit or vegetable, subject to the conditions described 
in the revised pest risk analysis, beginning on the date specified in 
the Federal Register notice. Alternately, if APHIS believes that the 
revisions to the pest risk analysis are substantial, and that there may 
be continued uncertainty as to whether the designated measures are 
sufficient to mitigate the risk posed by the fruit or vegetable, APHIS 
may elect to make the revised risk analysis available for public 
comment via a notice in the Federal Register, or may make any further 
action on approving the fruit or vegetable for interstate movement 
subject to rulemaking.
    Note that APHIS does not set policy or regulatory requirements 
based on issues of economic competitiveness; our authority is tied to 
pest risk, and therefore our decisionmaking is based on an analysis of 
risk. While the proposed process would not preclude

[[Page 34207]]

the submission of comments regarding issues unrelated to risk, comments 
on issues such as economic competitiveness (e.g., comments that the 
proposed fruit or vegetable movement would result in decreased sales 
for continental U.S. producers of the same fruit or vegetable) would 
not merit a detailed response by APHIS. This proposal would allow APHIS 
to focus public discussion on the analysis of pest risk, which is the 
primary basis for our decisionmaking. We believe this policy is 
consistent with the provisions of the Plant Protection Act.
    The notice-based process would employ the use of Federal Register 
notices to communicate APHIS's consideration and approval or denial of 
requests that were previously only approved via rulemaking. As 
described above, Federal Register notices would be used to announce the 
availability of pest risk analyses for public comment. Federal Register 
notices would also be used to announce when the Administrator has 
determined that a particular fruit or vegetable that has been subject 
to risk analysis and public comment can, based on the findings of pest 
risk analysis, be approved for interstate movement in the United 
States. These notices would make clear the conditions under which such 
movement could occur, and would state that APHIS will immediately begin 
allowing the interstate movement of the fruit or vegetable. As 
described later in this document, these notices would also be used to 
make available any documentation of our consideration of the potential 
effects of the interstate movement of a fruit or vegetable on the 
environment, as required under the National Environmental Policy Act, 
as well as any other analyses determined by APHIS to be necessary under 
other Federal statutes, such as the Endangered Species Act.
    If the notice-based process is adopted for use by APHIS, we would 
not list commodities approved under this approach in the regulations, 
though such commodities would be listed in APHIS' Hawaii/CNMI and 
Puerto Rico/U.S. Virgin Islands fruits and vegetables manuals \4\ and 
the documentation supporting their approval would be made available on 
the Internet; we also would remove from the regulations those listed 
commodities that are currently approved for interstate movement subject 
only to one or more of the designated measures described earlier in 
this document. Consequently, we would remove the lists of commodities 
contained in current Sec. Sec.  318.13-2, 318.13-4b, 318.13-4f, and 
318.58-2 and the provisions in Sec.  318.58-4b, ``Irradiation treatment 
of regulated articles from Puerto Rico and the U.S. Virgin Islands,'' 
and Sec.  318.13-4c, ``Administrative instructions approving methyl 
bromide fumigation as a condition for certification of tomatoes for 
movement from Hawaii.''
---------------------------------------------------------------------------

    \4\ Currently, APHIS does not maintain a fruits and vegetables 
manual for Guam because there are no regulated articles being moved 
from Guam (see proposed Sec.  318.13-17 ``Regulated articles from 
Guam''). If as a result of this proposed rule, it becomes necessary 
to maintain a list of fruits and vegetables from Guam outside of the 
regulations, APHIS would list such information on the PPQ Internet 
Web site.
---------------------------------------------------------------------------

    We recognize that removing a large number of commodities from the 
regulations may cause some confusion as to whether a particular fruit 
or vegetable is approved for interstate movement in the United States, 
and under what conditions. However, for many years, APHIS has 
maintained Hawaii/CNMI and Puerto Rico/U.S. Virgin Islands fruits and 
vegetables manuals that were designed to be a hands-on reference for 
our inspectors. The manuals are a complete reference for all fruits and 
vegetables approved for interstate movement from those States and may 
be viewed on the APHIS Web site at https://www.aphis.usda.gov/import_
export/plants/manuals/ports/downloads/hawaii.pdf and https://
www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/
puerto_rico.pdf. These manuals are frequently used by shippers and 
other interested persons, in addition to APHIS personnel.
    Under this proposal, commodities that have been authorized for 
interstate movement under the provisions of Sec.  318.13-4 would be 
added to the manuals for their State or territory of origin, but not 
the regulations. Furthermore, the manual would list those designated 
measures that apply to each of those commodities. We also plan to 
incorporate commodities that have been approved for interstate movement 
into a searchable database at some point in the future. We are 
currently developing a database for commodities in our imported fruits 
and vegetables manual. The new database will allow interested persons 
to search by regulated article or by country, and will list clearly the 
conditions that apply to each particular regulated article from a 
specified country. We envision the database as a comprehensive source 
for all types of users--inspectors, importers, shippers, and other 
members of the public.
    We would also include in proposed Sec.  318.13-4 provisions that 
would allow APHIS to amend interstate movement requirements or withdraw 
approval of particular commodities whose movement is approved under 
Sec.  318.13-4. Specifically, APHIS could amend interstate movement 
requirements if we determine that the currently assigned designated 
phytosanitary measures are not sufficient to mitigate the risk posed by 
the particular fruit or vegetable. This could occur due to 
interceptions of new pests in moved fruits or vegetables or evidence of 
other risks. Under this provision, APHIS would announce that it was 
prohibiting or further restricting the interstate movement of the 
particular fruit or vegetable by publishing a notice in the Federal 
Register. In such cases, APHIS would take immediate action as 
appropriate at ports of entry, and would follow such action as quickly 
as practicable with notice in the Federal Register. The notice would 
specify the amended interstate movement requirements, provide an 
effective date for the change, and would invite public comment on the 
subject. It is likely that most such actions would be effective 
immediately, in order to address newly identified risks in a timely 
fashion; however, if there is uncertainty as to the risk posed, APHIS 
may request comment on a change in interstate movement requirements 
prior to making such a change effective.

Pest-Free Areas (Proposed Sec.  318.13-5)

    Currently, there are no provisions for establishing pest-free areas 
for Hawaii, Puerto Rico, Guam, the U.S. Virgin Islands, or CNMI. In 
this document, we are proposing to add a process for establishing pest-
free areas and would provide for pest-free areas to be recognized using 
a notice-based approach. Proposed Sec.  318.13-5, paragraph (a) would 
provide that APHIS would make a determination of an area's pest-free 
status based on information provided by the State. The information 
APHIS would use in its determination would include trapping and 
surveillance data, survey protocols, and protocols for actions to be 
taken upon discovery of a pest. If warranted, APHIS would publish a 
notice in the Federal Register, making the information used to make the 
determination available to the public and solicit comment for 60 days. 
Following the comment period, if appropriate, APHIS would begin 
allowing movement of the regulated article from the pest-free area 
without mitigations for the particular pest because:
    1. No comments were received on the notice or
    2. The comments on the notice did not affect the overall 
conclusions of the

[[Page 34208]]

notice and the Administrator's determination of risk.
    A comprehensive list of pest-free areas would be made available by 
APHIS on the Internet, but no such list would be contained in the 
regulations. Rather, the regulations would simply identify the 
standards an area must meet to be considered pest free, as shown in 
proposed Sec.  318.13-5.
    In conjunction with this proposed change, we would also include a 
provision in proposed Sec.  318.13-5 regarding how we would acknowledge 
the decertification of pest-free areas. Specifically, paragraph (d) of 
that section would provide that in the event of pest infestation in an 
approved pest-free area, APHIS will publish in the Federal Register a 
notice announcing that the pest-free status of the area in question has 
been withdrawn, and that movement of host crops for the pest in 
question are subject to additional mitigations, if any exist. If an 
alternative mitigation for the pest is not available, the interstate 
movement would be prohibited. In order for a decertified pest-free area 
to be reinstated, a State would have to submit new information 
supporting its pest-free status as discussed in paragraph (b) of this 
section to be approved by APHIS.
    Paragraph (e) would set forth general requirements for the 
interstate movement of regulated articles from pest-free areas in 
Hawaii, Puerto Rico, Guam, CNMI, or the U.S. Virgin Islands. 
Specifically, paragraph (e) would provide that each box of fruits or 
vegetables that is moved interstate from a pest-free area under this 
subpart be labeled with the name of the orchard or grove or origin, or 
the name of the grower; the name of the municipality and State or 
territory in which the fruits or vegetables were produced; and the type 
and amount of fruit the box contains. Paragraph (e) would further 
provide that persons wishing to move fruits or vegetables from Hawaii, 
Puerto Rico, Guam, CNMI, or the U.S. Virgin Islands enter into a 
compliance agreement with APHIS in accordance with the provisions for 
compliance agreements in Sec.  318.13-3(d). Finally, paragraph (e) 
would require that fruits or vegetables moved from a pest-free area 
into or through a non-free area be safeguarded during the time they are 
present in a non-free area by insect-proof mesh screens or plastic 
tarpaulins, including while in transit to the packinghouse and while 
awaiting packaging. Further, we would require fruits or vegetables that 
are moved through a non-free area during transit to a port to be packed 
in insect-proof cartons or containers or be covered by insect-proof 
mesh or plastic tarpaulins during transit to the port and subsequent 
movement to the continental United States. These safeguards would 
provide necessary protection of commodities moved interstate against 
pest infestation while they are in transit through the United States 
and are consistent with standard operating procedures of all current 
programs for the export of fruits or vegetables from foreign pest-free 
areas.

General Requirements

Transit of Regulated Articles From Hawaii or the Territories Into or 
Through the Continental United States (Proposed Sec.  318.13-6)

    Proposed Sec.  318.13-6 contains provisions for fruits and 
vegetables from Hawaii, Puerto Rico, the U.S. Virgin Islands, CNMI, and 
Guam to transit through the United States en route to another country. 
These provisions were drawn from and are consistent with the provisions 
that appear in the corresponding sections of each of the Hawaiian and 
territorial subparts.

Products as Ships' Stores or in the Possession of Passengers or Crew 
(Proposed Sec.  318.13-7)

    Proposed Sec.  318.13-7 contains provisions for certain regulated 
articles from Hawaii, Puerto Rico, the U.S. Virgin Islands, CNMI, and 
Guam to be moved interstate as ships' stores or in the possession of 
passengers and crew on ships. These provisions were drawn from and are 
consistent with the provisions that appear in the corresponding 
sections of each of the Hawaiian and territorial subparts.

Articles and Persons Subject to Inspection (Proposed Sec.  318.13-8)

    Proposed Sec.  318.13-8 contains provisions related to the 
inspection of persons, means of conveyance, baggage, cargo, and any 
other articles destined for movement from Hawaii, Puerto Rico, the U.S. 
Virgin Islands, CNMI, and Guam to a destination elsewhere in the United 
States. These provisions were drawn from and are consistent with the 
provisions that appear in the corresponding sections of each of the 
Hawaiian and territorial subparts.

Inspection and Disinfection of Means of Conveyance (Proposed Sec.  
318.13-9)

    Proposed Sec.  318.13-9 contains provisions for inspecting aircraft 
prior to departure from Hawaii, Puerto Rico, the U.S. Virgin Islands, 
CNMI, and Guam; inspection of aircraft moving to Guam; and inspection 
of ships upon arrival in the United States. Proposed Sec.  318.13-9 
also contains provisions for disinfecting means of conveyance. These 
provisions were drawn from and are consistent with the provisions that 
appear in the corresponding sections of each of the Hawaiian and 
territorial subparts.

Inspection of Baggage, Other Personal Effects, and Cargo (Proposed 
Sec.  318.13-10)

    Proposed Sec.  318.13-10 contains provisions for inspecting 
aircraft passengers, aircraft crew, persons traveling to Guam, persons 
traveling by ship as well as provisions for accepting baggage and 
loading on aircraft, loading of certain cargoes, removing certain 
cargoes in Guam, and providing space and facilities for baggage and 
cargo inspection. These provisions were drawn from and are consistent 
with the provisions that appear in the corresponding sections of each 
of the Hawaiian and territorial subparts.

Posting of Warning Notice and Distribution of Baggage Declarations 
(Proposed Sec.  318.13-11)

    Proposed Sec.  318.13-11 contains provisions for distributing 
baggage declarations to passengers on aircrafts, ships, vessels, or 
other surface craft moving to Guam, CNMI, or American Samoa. In 
addition, proposed Sec.  318.13-11 contains requirements for posting 
warning notices directing attention to the regulations in the Hawaii 
and territorial subparts on docks, harbors, or landing fields in 
Hawaii, Puerto Rico, Guam, CNMI, or the U.S. Virgin Islands. These 
provisions were drawn from and are consistent with the provisions that 
appear in the corresponding section in the Hawaii subpart; except that 
we are proposing to amend some of those provisions to reflect current 
APHIS practices. Specifically, we are proposing to amend those 
provisions to require that baggage declarations be distributed to 
passengers on aircraft, ships, vessels, or other surface crafts moving 
to Guam, CNMI, or American Samoa. Hawaii does not distribute baggage 
declarations to passengers on all outgoing aircraft, ships, vessels, or 
other surface crafts; therefore we are also proposing to remove those 
requirements. Paragraph (b) of Sec.  318.13-12 of the current 
regulations contains instructions for posting warning notices in docks, 
harbors, or landing fields in Hawaii, which direct the passengers' 
attention to the quarantine and regulations in 7 CFR part 318. We would 
not include footnotes 5 and 6 in proposed Sec.  318.13-11 because the 
footnotes reference form PPQ 232, which no longer exists.

[[Page 34209]]

Movement by the U.S. Department of Agriculture (Proposed Sec.  318.13-
12)

    Proposed Sec.  318.13-12 contains provisions under which the USDA 
may move articles whose interstate movement is otherwise prohibited or 
restricted to move interstate from Hawaii, Puerto Rico, the U.S. Virgin 
Islands, CNMI, or Guam. These provisions were drawn from and are 
consistent with the provisions that appear in the corresponding 
sections of each of the Hawaiian and territorial subparts.

Movement of Frozen Fruits and Vegetables (Proposed Sec.  318.13-13)

    Proposed Sec.  318.13-13 provides conditions under which frozen 
fruits and vegetables may be certified for interstate movement from 
Hawaii, Puerto Rico, the U.S. Virgin Islands, CNMI, or Guam. These 
provisions were drawn from and are consistent with the provisions that 
appear in the corresponding sections of each of the Hawaiian and 
territorial subparts.

Movement of Processed Fruits, Vegetables, and Other Products (Proposed 
Sec.  318.13-14)

    The Hawaii/territorial fruits and vegetables manuals currently 
place restrictions on the interstate movement of processed fruits, 
vegetables, and other products from those areas; however, there are no 
corresponding requirements in the regulations. In this document, we are 
proposing to add general requirements regarding the interstate movement 
of processed products from Hawaii, Puerto Rico, the U.S. Virgin 
Islands, CNMI, and Guam in proposed Sec.  318.13-14. Specifically, 
proposed Sec.  318.13-14(a) would provide that fruits, vegetables, and 
other products that are processed sufficiently as to preclude the 
survival of any live pests can be moved interstate from Hawaii, Puerto 
Rico, the U.S. Virgin Islands, CNMI, and Guam. A listing of processed 
products that are currently approved for interstate movement from those 
States can be found in the Hawaii/territorial manuals. Proposed 
paragraph (b) of this section provides that consignments of dried 
fruits, vegetables, or other products that are capable of harboring 
fruit flies will be subject to the same interstate movement conditions 
that apply to the fruit or vegetable in its unprocessed state.

Parcel Post Inspection (Proposed Sec.  318.13-15)

    Proposed Sec.  318.13-15 provides conditions under which inspectors 
are authorized to inspect parcel post packages placed in the mail in 
Hawaii, Puerto Rico, the U.S. Virgin Islands, CNMI, or Guam. These 
provisions were drawn from and are consistent with the provisions that 
appear in the corresponding sections of each of the Hawaiian and 
territorial subparts.

Regulated Articles Allowed Interstate Movement Subject to Specific 
Conditions (Proposed Sec.  318.13-16)

    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 requirements. As explained elsewhere in 
this document, most such commodities would no longer be listed in the 
regulations under this proposal. However, as also explained earlier in 
this document, some commodities listed in the current regulations are 
allowed interstate movement subject to additional measures beyond the 
designated measures used in the notice-based process. We are proposing 
to list those commodities, and any requirements that apply to their 
interstate movement beyond the general requirements of Sec.  318.13-3, 
in proposed Sec.  318.13-16. Such commodities would remain subject to 
the same restrictions that currently apply to their interstate 
movement. In some cases, restrictions that apply to the movement of 
specific fruits, vegetables, and other products from Hawaii, Puerto 
Rico, the U.S. Virgin Islands, CNMI, and Guam are contained in each 
State's respective fruits and vegetables manual, but not in the 
regulations. Consequently, we are proposing to add some commodities to 
the regulations that are currently listed, along with applicable 
movement restrictions, only in one of those manuals. A table with those 
commodities and the location of their current interstate movement 
requirements follows. See proposed Sec.  318.13-16 for a list of 
commodities and applicable requirements. Authorization of additional 
commodities subject to any of these additional measures or measures 
other than the designated measures described earlier in this document 
would continue to require prior specific rulemaking.

----------------------------------------------------------------------------------------------------------------
                                                                                 Location of current interstate
       State of origin                  Common name            Botanical name         movement requirements
----------------------------------------------------------------------------------------------------------------
Hawaii.......................  Bananas.....................  Musa spp.........  Hawaii/CNMI fruits and
                                                                                 vegetables manual (``Additional
                                                                                 fruits and vegetables approved
                                                                                 for movement from Hawaii to
                                                                                 Alaska only'' table on page 6-
                                                                                 13).
                               Edible flowers (Pot           Calendula spp....  Hawaii/CNMI fruits and
                                marigold, johnny-jump-ups,                       vegetables manual (page 6-12).
                                pansies, and violets).
                               Pineapple...................  Ananas comosus...  Hawaii/CNMI fruits and
                                                                                 vegetables manual (page 6-12).
Puerto Rico..................  Cactus......................  Cactaceae........  Puerto Rico/U.S. Virgin Islands
                                                                                 fruits and vegetables manual
                                                                                 (table 7-3-19).
                               Okra........................  Abelmoschus        Puerto Rico/U.S. Virgin Islands
                                                              escuelentus.       fruits and vegetables manual
                                                                                 (tables 7-3-1 and 7-3-3).
                               Edible flowers (pot           Calendula spp....  Puerto Rico/U.S. Virgin Islands
                                marigold, johnny-jump-ups,                       fruits and vegetables manual
                                pansies, and violets).                           (table 7-3-1).
U.S. Virgin Islands..........  Cactus......................  Cactaceae........  Puerto Rico/U.S. Virgin Islands
                                                                                 fruits and vegetables manual
                                                                                 (table 7-3-19) and Sec.
                                                                                 318.58-2(b)(3).
                               Okra........................  Abelmoschus        Puerto Rico/U.S. Virgin Islands
                                                              escuelentus.       fruits and vegetables manual
                                                                                 (tables 7-3-1 and 7-3-3).
                               Edible flowers (pot           Calendula spp....  Puerto Rico/U.S. Virgin Islands
                                marigold, johnny-jump-ups,                       fruits and vegetables manual
                                pansies, and violets).                           (table 7-3-1).
----------------------------------------------------------------------------------------------------------------


[[Page 34210]]

Regulated Articles From Guam (Proposed Sec.  318.13-17)

    Proposed Sec.  318.13-17 contains interstate movement requirements 
that would apply specifically to regulated articles from Guam. These 
provisions were drawn from and are consistent with the provisions that 
appear in the Guam subpart; except that the reference to part 321 would 
be removed because part 321, ``Restricted Entry Orders,'' has been 
removed (see 62 FR 50237-50239, Docket No. 97-010-2).
    Sections 318.13-18 through 318.13-20 would be reserved to provide 
additional space in ``Subpart-Hawaiian and Territorial Quarantine 
Notices'' for future amendments, should such amendments be needed.

Regulated Article-Specific Provisions (Proposed Sec. Sec.  318.13-21 
through 318.13-25)

    Sections 318.13-4a through 318.13-4j and Sec. Sec.  318.58-4a 
through 318.58-4c contain restrictions on the movement of specific 
commodities. As explained elsewhere in this document, a number of these 
sections will be removed if this proposal is adopted. However, all or 
part of the following sections would be retained under this proposal:
     Sec.  318.13-4d, ``Vapor heat treatment of sweetpotatoes 
from Hawaii.''
     Sec.  318.13-4g, ``Administrative instructions governing 
movement of avocados from Hawaii to Alaska.''
     Sec.  318.13-4i, ``Conditions governing the movement of 
bananas from Hawaii.''
     Sec.  318.13-4j, ``Administrative instructions governing 
the interstate movement of cut blooms of gardenia from Hawaii.''
     Sec.  318.58-4c, ``Movement of sweetpotatoes from Puerto 
Rico to certain ports.''
    Under this proposal, some or all of the provisions contained in the 
sections listed above would be relocated to new sections of the 
proposed regulations, as shown in the cross reference document. As 
would be the case with requirements of general applicability, we would 
make no changes to the content of the sections, but simply change 
paragraph and section designations. In other cases, we are proposing to 
amend the text to make the regulations easier to understand, to correct 
errors, or to update them to reflect current APHIS operating 
procedures. None of these changes would represent a substantive change 
in interstate movement policy.
    Current Sec.  318.13-4d contains restrictions on the interstate 
movement of sweetpotatoes from Hawaii. Under this proposal, all 
provisions contained in current Sec.  318.13-4d would be relocated to 
proposed Sec.  318.13-25, except that the new section would not include 
a statement that vapor heat treatment is an authorized treatment for 
sweetpotatoes from Hawaii, as part 305 already lists vapor treatment as 
an approved treatment.
    Current Sec.  318.13-3(b)(1) contains conditions governing the 
interstate movement of cut flowers from Hawaii except for cut blooms 
and leis of mauna loa and jade vine and except for cut blooms of 
gardenia not grown in accordance with Sec.  318.13-4j, ``Administrative 
instructions governing the interstate movement of cut blooms of 
gardenia from Hawaii.'' Under this proposal, the cut flower-related 
provisions of Sec.  318.13-3(b)(1) and the conditions for the 
interstate movement of gardenia in Sec.  318.13-4j would be relocated 
to proposed Sec.  318.13-23.
    Current Sec.  318.13-4i contains conditions governing the 
interstate movement of bananas from Hawaii, including a requirement 
that the fruit be safeguarded from fruit fly infestation during 
transit. Under this proposal, all provisions contained in current Sec.  
318.13-4i would be relocated to proposed Sec.  318.13-22, except that 
the new section would specifically provide that bananas being moved 
interstate must be safeguarded from fruit fly infestation by being 
covered with insect-proof packaging, such as insect-proof mesh screens 
or plastic tarpaulins. This change is necessary to clarify the 
safeguarding requirement in this section.
    Current Sec.  318.58-4c contains conditions governing the 
interstate movement of sweetpotatoes from Puerto Rico. The current 
regulations provide that the fields in which sweetpotatoes have been 
grown must be treated with an approved soil insecticide and that before 
planting in treated fields, the sweetpotato draw