Rev SS potatoes

Rev SS potatoes.docx

Importation of Potatoes from Mexico

OMB: 0579-0413

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April 2014

Supporting Statement

Importation of Potatoes from Mexico

Docket No. APHIS-2013-0037

OMB No. 0579-XXXX

(0413 - Filed with Comment)


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 “Subpart-Fruits and Vegetables” (7 CFR 319.56 through 319.56-65, referred to below as the regulations) prohibit or restrict the importation of fruits and vegetables into the United States from certain parts of the world to prevent the introduction and dissemination of plant pests that are new to or not widely distributed within the United States.


APHIS is amending the regulations concerning the importation of fruits and vegetables to allow the importation of fresh potatoes (Solanum tuberosum L.) from Mexico into the

United States. As a condition of entry, the potatoes will have to be produced in accordance with a systems approach employing a combination of mitigation measures. The potatoes will have to be imported in commercial consignments only, will have to be produced by a grower who is registered within a certification program administered by the National Plant Protection Organization (NPPO) of Mexico, will have to be packed in packinghouses that are registered with the NPPO of Mexico, will have to be washed, cleaned, and treated with a sprout inhibitor, will have to be inspected after packing for quarantine pests, and, following inspection, will have to be transported from the packinghouse to the port of first arrival into the United States in a sealed means of conveyance.


The potatoes will also have to be accompanied by a phytosanitary certificate that specifies the registration number of the packinghouse in which the potatoes are packed and declares that the conditions for importation have been met. Finally, the NPPO of Mexico will have to provide a bilateral workplan to APHIS that details the activities that the NPPO of Mexico will carry out to meet these requirements, subject to APHIS’ approval. This action will allow the importation of potatoes from Mexico while continuing to protect against the introduction of plant pests into the United States.


APHIS is asking OMB to approve its use of these information collection activities, for 3 years, 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.


APHIS uses the following information activities to allow the importation of fresh potatoes from Mexico into the United States:


Bilateral Workplan The NPPO of Mexico must provide a bilateral workplan to APHIS that details the activities that the NPPO of Mexico will, subject to APHIS' approval of the workplan, carry out to meet the requirements of this section.


Grower Certification Registration – The potatoes must be produced by a grower who is registered within a certification program administered by the NPPO of Mexico.


Packinghouse Registration - The potatoes must be packed for export in packinghouses that are registered with the NPPO of Mexico, and to which the NPPO of Mexico has assigned a unique identifying number.


Agricultural Seal - Each consignment of potatoes shipped from Mexico to the United States must be transported following inspection from the packinghouse to the port of first arrival into the United States in a means of conveyance sealed with an agricultural seal affixed by an individual authorized by the NPPO of Mexico to do so.


Phytosanitary Certificate (foreign) - Each consignment of potatoes shipped from Mexico to the United States must be accompanied by a phytosanitary certificate, issued by the NPPO of Mexico, and state that: (1) the potatoes have been produced from seed certified free of

R. solanacearum Race 3, R. bunodes, R. pepo, S. endobioticum, and T. solani; (2) has been inspected for C. decolora, E. cognatus, N. aberrans, R. solanacearum Race 3, R. bunodes, R. pepo; and (3) T. solani, has been tested for R. solanacearum Race 3. Based on this inspection and testing, each consignment must be found free of those pests. The phytosanitary certificate must also specify the number of the packinghouse in which the potatoes were packed.



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.


APHIS has no control or influence over when foreign countries will automate their certificates.



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 is the minimum needed to protect the United States from destructive plant pests while increasing the number and variety of fruits and vegetables that can be imported from other countries. APHIS has determined 100 percent of the respondents are small entities.



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.


Failing to collect this information would cripple APHIS’ ability to ensure that potatoes from Mexico are not carrying plant pests. If plant pests were introduced into the United States, growers would suffer hundreds of millions of dollars in losses.



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.

  • requiring respondents to report informa­tion to the agency more often than quarterly;

  • requiring respondents to prepare a writ­ten response to a collection of infor­ma­tion in fewer than 30 days after receipt of it;

  • requiring respondents to submit more than an original and two copies of any docu­ment;

  • requiring respondents to retain re­cords, other than health, medical, governm­ent contract, grant-in-aid, or tax records for more than three years;

  • in connection with a statisti­cal sur­vey, that is not de­signed to produce valid and reli­able results that can be general­ized to the uni­verse of study;

  • requiring the use of a statis­tical data classi­fication that has not been re­vie­wed and approved by OMB;

  • that includes a pledge of confiden­tiali­ty that is not supported by au­thority estab­lished in statute or regu­la­tion, that is not sup­ported by dis­closure and data security policies that are consistent with the pledge, or which unneces­sarily impedes shar­ing of data with other agencies for com­patible confiden­tial use; or

  • requiring respondents to submit propri­etary trade secret, or other confidential information unless the agency can demon­strate that it has instituted procedures to protect the information's confidentiality to the extent permit­ted by law.



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 2013-2014:


Walmart Mexico

Hermosillo

BOULEVARD Jose Maria Morelos No. 355,

COL. MILITARY BARRACKS AREA XV HILLS

83145

Hermosillo, Sonora

Phone: 01-800-710-6352


COSTCO Mexico

Carr. Transpeninsular La Paz 4179

Carlos Pacheco

Ensenada, Baja California Norte 22832

Phone: 646-152-96-00


Sams Club Mexico

Carretera Transismica No 11

Esq Km 6.5, Col.  Granadillo

C.P. 70613 Mexico

Phone: 01-800-999-SAMS


APHIS’ proposed rule (APHIS-2013-0037) was published in the Federal Register on

September 27, 2013, with a 60-day comment period. During this time, eight comments were received from the public including a national organization that represents U.S. potato producers, a State organization that represents potato producers, a domestic potato producer, and a few private citizens. The comments are all addressed in the final rule and the topics include the Pest Risk Assessment, the importation in commercial consignments, the Producer Certification Program, the registered packinghouses, the post-harvest processing, the post-harvest inspection, sealed means of conveyance, traceback procedures, and general comments. The proposed rule is being adopted as the final rule, with changes discussed and explained in the final rule.



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. Any

and all information obtained in this collection shall not be disclosed except in accordance with

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 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 burden estimates.


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

APHIS estimates the total annualized cost to the respondents to be $ 1,209. APHIS arrived at this figure by multiplying the total burden hours (93) by the estimated average hourly wage of the above respondents ($13) . 93 hours x $13 average hourly wage = $1,209


The hourly rate is an average salary of growers and foreign officials based on historical data and conversations with APHIS’ PPQ Program Specialists, APHIS’ International Services Specialists, and Mexican 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 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 costs, maintenance costs, and the 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 $4,389. (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 is a new program.



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 it collects.



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 USDA forms involved in 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 under the Act.



B. Collections of Information Employing Statistical Methods.


Statistical methods are not used in this information collection.

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