Rev SS

February 2010

SUPPORTING STATEMENT

Docket No. APHIS-2008-0015

Citrus Greening and Asian Citrus Psyllid; Quarantine and

Interstate Movement Regulations

OMB No. 0579-XXXX

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 (USDA), 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.

Under the Plant Protection Act (7 U.S.C. 7701 et seq.), the Secretary of Agriculture, either independently or in cooperation with the States, is authorized to carry out operations or measures to detect, eradicate, suppress, control, prevent, or retard the spread of plant pests (such as citrus canker) new to or widely distributed throughout the

United States. APHIS’ Domestic Quarantines (7 CFR Part 301) are issued under this authority.

APHIS is amending the “Domestic Quarantine Notices” in 7 CFR part 301 by adding a new subpart, “Citrus Greening and Asian Citrus Psyllid (ACP)” (§§301.76 through 301.76-11, referred to below as the regulations). The regulations quarantine the State of Florida, two parishes in Louisiana, and one county in South Carolina due to the presence of citrus greening. The regulations also quarantine Alabama, Florida, Georgia, Guam, Hawaii, Louisiana, Mississippi, Puerto Rico, Texas, three counties in South Carolina, and portions of three counties in California due to the presence of Asian citrus psyllid, a vector of the bacterial pathogen that causes citrus greening.

Citrus greening, also known as Huanglongbing disease of citrus, is considered to be one of the most serious citrus diseases in the world. Citrus greening is a bacterial disease, caused by strains of the bacterial pathogen “Candidatus Liberibacter asiaticus,” that attacks the vascular system of host plants. The pathogen is phloem-limited which inhabits the food-conducting tissue of the host plant; causes yellow shoots, blotchy mottling, and chlorosis; reduced foliage; and tip dieback of citrus plants. Citrus greening greatly reduces production, destroys the economic value of the fruit, and can kill trees. Once infected, there is no cure for a tree with citrus greening disease. In areas of the world where the disease is endemic, citrus trees decline and die within a few years and may never produce usable fruit. Citrus greening was first detected in the United States in Miami-Dade County, Florida, in 2005, and is only known to be present in the

United States in the State of Florida, two parishes in Louisiana, and one county in

South Carolina.

This interim rule is necessary to address the risk associated with the interstate movement of citrus nursery stock and other regulated articles from areas quarantined for citrus greening.

APHIS is asking OMB to approve, for six months, the use of this information collection activity associated with its program to prevent the interstate movement of citrus greening and Asian citrus psyllid into noninfested areas of 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.

Limited Permit (PPQ Form 530) – Limited permits are used to authorize movement of regulated articles that are not certifiable to specified destinations for process treatment, or utilization. A limited permit is required in accordance with §301.76-7 (c) to secure the interstate movement of calamondin and kumquat plants.

Federal Certificate (PPQ Form 540) - Certificates are issued when an inspector or person operating under a compliance agreement finds that, because of certain conditions, a regulated article can be moved safely from a quarantined area without spreading the disease or pest.

Compliance Agreement (PPQ Form 519) - A written agreement between APHIS and a person engaged in the business of growing, maintaining, processing, handling, packing, or moving host articles for interstate movement, in which the person agrees to comply with this subpart. For the purposes of this subpart, a memorandum of understanding is considered a compliance agreement.

Tagging Labels - All regulated nursery stock offered for commercial sale within an area quarantined for citrus greening must have an APHIS-approved plastic or metal tag with a statement “Limited Permit: USDA-APHIS-PPQ. Not for distribution in American Samoa, AZ, Northern Mariana Islands, and U.S. Virgin Islands or those portions of CA and SC not quarantined due to the presence of Asian citrus psyllid or citrus greening.” This tag will alert consumers to Federal prohibitions regarding the interstate movement of the article when it is prominently and legibly displayed.

Record Keeping - The person must also agree to maintain and offer for inspection such records as are necessary to demonstrate continual adherence to the requirements of the regulations and the provisions of the compliance agreement. Records shall be maintained for a minimum of one year.

Attaching Tag to Bill of Lading - Nursery stock must be accompanied by a copy of a limited permit attached to the consignee’s copy of the waybill, and must be moved in accordance with the conditions of the limited permit directly to the port of export in a container sealed with an agricultural seal placed on it by an inspector.

Cancellation of Certificates, Permits and Compliance Agreements - The withdrawal of a certificate, limited permit, or compliance agreement is necessary if the inspector determines that the holder of the certificate, limited permit, or compliance agreement has not complied with all of the provisions for the use of the document or with all of the conditions contained in the document. This paragraph also contains provisions for notifying the holder of the reasons for the withdrawal and for holding a hearing if there is any conflict concerning any material fact in the event that the person wishes to appeal the cancellation.

72 Hour Notification of Inspection- All regulated nursery stock treated with soil drenches or granular applications and foliar sprays prior to interstate movement from an area quarantined only for ACP but not for citrus greening, as well as all nursery stock intended for interstate movement for immediate export from an area quarantined for citrus greening, must be inspected by an inspector no more than 72 hours prior to movement.

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 consideration of using information technology to reduce burden.

Limited Permit (PPQ 530) is a pressure sensitive form and is not practicable for automation.

Federal Certificate (PPQ Form 540) is a pressure sensitive, accountable form and is not practicable for automation.

Compliance Agreement (PPQ Form 519) is automated and posted at:

http://www.aphis.usda.gov/library/forms/pdf/ppq/519.dot

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 APHIS collects is exclusive to its mission of preventing the incursion or interstate spread of plant pests and noxious weeds 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 is the minimum needed to protect the United States from destructive plant pests and plant diseases. APHIS has determined that 100 percent of the total respondents are small entities.

6. Describe the consequences o 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.

Failing to collect this information, or if this information was collected less frequently, could cause a severe economic loss to the citrus 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.

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.

In 2009, APHIS held productive consultations with the following citrus producer associations concerning the information collection activities associated with citrus greening and Asian citrus psyllid:

Harris Nursery

Gene Harris

10940 County Rd. 490

Tyler, TX 75771

903-593-8677

Bob Wells Nursery

Bob Wells

17160 County Rd. 4100

Lindale, TX 75771

903-882-3550

Saxon-Becnel Nursery

14102 Highway 23

Belle Chasse, LA 70037

504-656-7535

APHIS’ Interim Rule and Request for Comments (APHIS-2008-0015) will describe its information gathering requirements and also provide a 60-day comment period. During this time, interested members of the public will have the opportunity to provide APHIS with their input concerning the usefulness, legitimacy, and merit of the information collection activities APHIS is proposing.

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 (other than appropriate, program-related payments) or gifts to respondents.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in status, 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 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 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. These estimates were developed from discussions with eligible citrus grove owners in Florida.

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

The total cost to respondents is computed by multiplying their average wage by the total number of hours needed to complete the work. ($27.75 x 504 = $13,986.

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 shown in items 12 and 14). The cost estimate 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, maintenance costs, and purchase of services in connection with this program.

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 estimated cost for the Federal Government is $3,559. See APHIS Form 79 for details.

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

This is a new collection of information resulting in a program change of 504 burden hours.

16. For collections of information whose results are planned to be published, outline plans for tabulations 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 Form 519 is used in 10 information collections, PPQ Form 530 is used in 7 information collections, and PPQ Form 540 is used in 5 information collections; therefore, it is not practical to include an OMB expiration date on any of these forms because of the various expiration dates for each collection. APHIS is seeking approval to not display the OMB expiration date on these forms.

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.