Ss 2010 0579-0303

April 2010

Supporting Statement

Untreated Oranges, Tangerines, and Grapefruit from Mexico

Transiting the United States to Foreign Countries

OMB NO. 0579-0303

A. Justification

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection.

The United States Department of Agriculture, Animal and Plant Health Inspection Service (APHIS), is responsible for preventing plant diseases or insect pests from entering the United States, preventing the spread of pests and noxious weeds not widely distributed in the United States, and eradicating those imported pests when eradication is feasible. The Plant Protection Act authorizes the Department to carry out its mission.

Under the Plant Protection Act (7 U.S.C. 7701 et seq), the Secretary of Agriculture is authorized to prohibit or restrict the importation, entry, or movement of plants and plant pests to prevent the introduction of plant pests into the United States or their dissemination within the United States.

The regulations in §352.30 (referred to below as “the regulations”) address the movement into or through the United States of untreated oranges, tangerines, and grapefruit from Mexico that transit the United States en route to foreign countries.

APHIS amended the regulations to allow untreated oranges, tangerines, and grapefruit from Mexico to be moved overland by truck or rail to Corpus Christi and Houston, TX, for export to another country by water. This action was in response to requests by the port authorities of Corpus Christi and Houston, TX. Requirements also include untreated oranges, tangerines and grapefruit from Mexico transiting the United States for export to another country to be shipped in sealed, refrigerated containers and insect-proof packaging via routes that avoid citrus production areas. APHIS is taking this action to provide additional protection against the possible introduction of fruit flies via untreated oranges, tangerines, and grapefruit from Mexico that transit the United States.

APHIS is asking OMB to approve, for 3 more years, its use of these information collection activities associated with its efforts to prevent the spread of fruit flies and other plant pests from entering into the United States.

2. Indicate how, by whom, 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.

Application for Permit to Transit Plants And/Or Plant Products Through the United States (PPQ 586)

A transportation and exportation permit must be issued by an inspector for shipments of untreated oranges, tangerines, and grapefruit from Mexico transiting the United States to foreign countries. This permit can be obtained from APHIS headquarters. The transportation and exportation permit allows the untreated fruit to transit the country on the condition that it must not enter the commerce of the United States.

Respondents include approximately 8 percent of individual households and 92 percent of businesses.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, 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 considerations of using information technology to reduce burden.

This form (PPQ 586) is automated and posted in the APHIS library at www.aphis.usda.gov/library/forms and also at:

http://www.aphis.usda.gov/permits/login_epermits.shtml

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

The information APHIS collects is exclusive to its mission of preventing the spread of plant pests and is not available from any other source.

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

The information APHIS collects in connection with this program is the minimum needed to protect the United States from the spread of plant pests from entering into the United States. APHIS has determined that there are no small entities involved in this information collection.

6. Describe the consequences 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 APHIS did not collect this information, the Agency would not be able to allow the movement of untreated citrus to transit the United States to foreign countries.

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.

No special circumstances exist that would require this collection to be conducted in a manner inconsistent with the general information collection guidelines 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.

The following individuals were consulted during 2009-2010:

Camel Services, Inc.

1909 Aduanales Lane

Laredo, Tx 78041

(956) 791-4425

Trinity Brokers, L.C.

201 Market St.

Laredo, TX 78040

(956) 717-8107

Diana M. De Montemayor, Inc

602 Nafta Blvd.

Laredo, TX 78045

(956) 727-8922

On Wednesday, October 21, 2009, pages 54019-54020, APHIS published in the Federal Register a 60-day notice seeking public comments on its plan to request a 3-year renewal of this collection of information. No comments from the public were received.

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 and attitudes, religious beliefs, and others that are 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 asks no questions of a personal or sensitive nature.

12. Provide estimates of 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 for hour burden estimates.

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

Respondents are producers, handlers, and movers of regulated fruit and vegetables in Cameron County, TX. APHIS estimates the total annualized cost to the respondents to be $387.27. APHIS arrived at this figure by multiplying the hours of estimated response time (13 hours) by the estimated average hourly wage of the above respondents ($29.79).

The hourly rate is derived from the U.S. Department of Labor, Bureau of Labor Statistics February 2009 Report - Occupational Employment and Wages in the United States. See http://www.bls.gov/oes/

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 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 the capital and start-up cost, maintenance costs, and purchase of services in connection with this program.

14. Provide estimates of annualized cost 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 estimated cost for the Federal Government is $ 36.61. (See APHIS Form 79.)

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

This information collection has a large decrease in respondents due to the program inadvertently counting all citrus shipments versus only untreated citrus shipments. Previously, the total amount of respondents was 400; this included all citrus applicants. Currently, there are 25 respondents which includes only untreated citrus applicants. The current burden hours are now much more accurate (previously PPQ reported 200 hours, and this year PPQ is reporting 13 hours for this collection).

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

APHIS has no plans to tabulate or publish the information collected.

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.

PPQ 586 is used in 4 information collections (0579-0049, 0088, 0198, and 0303); therefore, it is not practical to include an OMB expiration date because of the various expiration dates for each collection. Therefore, APHIS is seeking approval to not display the OMB expiration date on this form.

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 under the Act.

B. Collections of Information Employing Statistical Methods.

Statistical methods are not used in this information collection.