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SUPPORTING STATEMENT - OMB NO. 0579-0144

IMPORTATION OF POULTRY MEAT AND OTHER POULTRY PRODUCTS FROM SINALOA AND SONORA, MEXICO

A. Justification

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

Title 7, U.S.C. 8301, The Animal Health Protection Act, authorizes the Secretary to prevent, control, and eliminate contagious, infectious, and communicable diseases. Disease prevention is the most effective method of maintaining a healthy animal population, continuing a safe food supply and enhancing APHIS' ability to compete in marketing its animal and animal product worldwide.

Veterinary Services, a program within the U.S. Department of Agriculture's Animal and Plant Health Inspection Service (APHIS), is responsible for administering regulations intended to prevent the introduction of animal diseases, such as END, into the United States. These regulations are found in title 9, chapter 1, subchapter D, parts 91 through 99 of the Code of Federal Regulations (CFR). Specifically, these regulations are found in 9 CFR 94.23 and govern the importation of animals and animal products.

APHIS currently has regulations in place that restrict the importation of poultry meat and other poultry products from Mexico due to the presence of END in that country. However, APHIS allows the importation of poultry meat and poultry products from the Mexican States of Sinaloa and Sonora (if imported according to APHIS’ requirements) because APHIS has determined that poultry meat and products from these two Mexican States pose a negligible risk of introducing END into the United States.

To ensure that these items are safe for importation, APHIS requires that certain data appear on the foreign meat inspection certificate that accompanies the poultry meat or other poultry products from Sinaloa and Sonora to the United States. APHIS also requires that serially numbered seals be applied to containers carrying the poultry meat or other poultry products.

APHIS is asking the Office of Management and Budget to approve, for an additional 3 years, its use of these information collection activities in connection with its efforts to ensure that poultry meat and poultry products from the Mexican States of Sinaloa and Sonora pose a negligible risk of introducing END into the United States.

2. Indicate how, by whom, how frequently, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

Foreign Meat Inspection Certificate

Every shipment of poultry meat and other poultry products imported into the United States from Sinaloa or Sonora must be accompanied by a foreign meat inspection certificate completed by the exporters of poultry meat and other poultry products to the United States and signed by a full-time, salaried veterinarian of Mexico’s Animal Health Protection Service. This is a Food Safety and Inspection Service (FSIS) requirement. However, certain information contained in this certificate is required by APHIS. It is this information for which APHIS must obtain OMB approval.

APHIS requires that this document certify that the poultry meat or other poultry products were (1) derived from poultry born and raised in commercial breeding establishments in Sinaloa and Sonora; (2) derived from poultry that were slaughtered in Sinaloa or Sonora in a federally inspected slaughter plant approved to export these commodities to the United States in accordance with FSIS regulations; (3) processed (if processed at all) at a federally inspected processing plant in Sinaloa or Sonora; and (4) kept out of contact with poultry from any other State within Mexico.

The certificate must also show the seal number that appears on the shipping container in which the poultry meat or other poultry products are transported.

Application of Seals to Containers

If the poultry meat or other poultry products are going to transit any State in Mexico other than Sinaloa or Sonora, a full-time salaried veterinarian of Mexico’s Animal Health Protection Service must apply serially numbered seals to the containers carrying the poultry meat or other poultry products. These seals must be applied at the federally inspected slaughter or processing plant in Sinaloa or Sonora, and the seal numbers must be recorded on the foreign meat inspection certificate.

The certification statements and listing of seal numbers on the foreign meat inspection certificate provide controls that enable APHIS to ensure that the poultry meat or poultry products from Sinaloa and Sonora pose the most negligible risk possible for introducing END into the United States.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.

The Foreign Meat Inspection Certificate is an FSIS requirement, and is a document produced in the region of origin.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purpose described in item 2 above.

The information collected in connection with this program is not available from any other source. APHIS is the only Agency responsible for preventing the introduction of exotic animal diseases into the United States.

5. If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.

The information collected is the absolute minimum needed to ensure that poultry meat and other poultry products imported from Sinaloa and Sonora pose a negligible risk of introducing END into the United States. It should be noted that the information APHIS is requiring on the foreign meat inspection certificate must be recorded and certified by Federal animal health authorities in Mexico, not by individual exporters, shippers, processing plant operators, or other entities involved with the exportation of poultry meat and other poultry products to the United States. Although 99% of the U.S. broiler farms meet the Small Business Administration size criteria for designation as small entities, this collection is not likely to have a significant economic impact on these farms.

6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

If the information was collected less frequently or not collected at all, it would significantly cripple APHIS’ ability to ensure that poultry meat and other poultry products from Sinaloa or Sonora pose a minimal risk of introducing END into the United States. This would make a disease incursion event much more likely, with potentially serious affects on the U.S. poultry industry.

7. Explain any special circumstances that require the collection to be conducted in a manner inconsistent with the general information collection guidelines in 5 CFR 1320.5.

This information collection is conducted in a manner consistent with the guidelines established in 5 CFR 1320.5.

8. Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting form, and on the data elements to be recorded, disclosed, or reported. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, soliciting comments on the information collection prior to submission to OMB.

APHIS engaged in productive consultations with the following individuals concerning the information collection activities associated with this program during 2007.

Mr. James Sumner, President

U.S.A. Poultry and Egg Export Council

2300 W. Park Place Blvd., Suite 100

Stone Mountain, GA 30087

(770) 413-0006

Mr. William Roenick, Senior Vice President

National Chicken Council

1015 15th Street NW, Suite 930

Washington, DC, 20005

(202) 296-2622

Dr. Michael Rybolt, Director of Scientific and Regulatory Affairs

National Turkey Federation

1225 New York Ave. NW, Suite 400

Washington, DC 20005

(202) 898-0100

On Friday, February 8, 2008, pages 7506-7507, APHIS published in the Federal Register, a

60-day notice seeking public comments on its plans to request a 3-year renewal of this information collection. APHIS received one comment, but it did not pertain to paperwork burden.

9. Explain any decision to provide any payment or gift to respondents, other than reenumeration of contractors or grantees.

This information collection activity involves no payments or gifts to respondents.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.

No additional assurance of confidentiality is provided with this information collection. However, the confidentiality of information is protected under 5 U.S.C. 552a.

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior or attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

This information collection activity will ask no questions of a personal or sensitive nature.

12. Provide estimates of the hour burden of the collection of information. Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated.

• Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens in Item 13 of OMB Form 83-I.

See APHIS Form 71. Burden estimates were developed from discussions with APHIS headquarters and field personnel, Federal animal health authorities in Mexico, owner/operators of slaughtering and processing plants in Sinaloa and Sonora, and personnel in Sinaloa and Sonora engaged in exporting and shipping poultry meat and other poultry products to the United States.

• Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories.

Federal animal health authorities in Mexico and exporters of poultry meat and other poultry products from Mexico to the United States. APHIS estimates the total annualized cost to these respondents to be $464. APHIS arrived at this figure by multiplying the hours of estimated response time (40 hours) by the estimated average hourly wage of the above respondents ($11.60). The hourly wage was provided by USDA’s Agricultural Specialist Animal Health Specialist in Mexico via SAGARPA animal health officials.

13. Provide estimates of the total annual cost burden to respondents or recordkeepers resulting from the collection of information, (do not include the cost of any hour burden shown in items 12 and 14). The cost estimates should be split into two components: (a) a total capital and start-up cost component annualized over its expected useful life; and (b) a total operation and maintenance and purchase of services component.

There is zero annual cost burden associated with capital and start-up costs, operation and maintenance expenditures, and purchase of services.

14. Provide estimates of annualized cost to the Federal government. Provide a description of the method used to estimate cost and any other expense that would not have been incurred without this collection of information.

The annualized cost to the Federal government is estimated at $1,675.24. (See APHIS Form 79.)

15. Explain the reasons for any program changes or adjustments reported in Items 13 or 14 of the OMB Form 83-1.

This is an extension of a current information collection with no change.

16. For collections of information whose results are planned to be published, outline plans for tabulation and publication.

APHIS has no plans to publish information collected in connection with this program.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

There are no forms associated with this information collection.

18. Explain each exception to the certification statement identified in the "Certification for Paperwork Reduction Act."

APHIS is able to certify compliance with all the provisions of the Act.

B. Collections of Information Employing Statistical Methods

There are no statistical methods associated with the information collection activities used in this program.