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Importation of Fresh Citrus from China to the Continental US

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Supporting Statement

Importation of Fresh Citrus from China

Docket No. APHIS-2014-0005

REVISED KS 7/10/14

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 319.56-67, 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 proposing to amend the fruits and vegetables regulations to allow the importation of commercial consignments into the continental United States of five species (Citrus grandis (L.) Osbeck cv. Guanximiyou, Citrus kinokuni Hort. ex Tanaka, Citrus poonensis Hort. ex Tanaka, Citrus sinensis (L.) Osbeck, and Citrus unshiu Marcov.) of fresh citrus fruit from China. As a condition of entry, these five species of fresh citrus fruit from China would have to be produced in accordance with a systems approach that includes requirements for registration of places of production and packinghouses, sourcing of pest-free propagative material, inspection for quarantine pests at set intervals by the national plant protection organization of China, bagging of fruit, safeguarding, post-harvest processing and sampling, labeling, and importation in commercial consignments. Additionally, APHIS would require places of production to trap for several species of Bactrocera (fruit flies), and would require the fruit to be treated with an APHIS-approved treatment for fruit flies.


In addition, consignments would have to be accompanied by a phytosanitary certificate issued by the National Plant Protection Organization (NPPO) of China that declares that the conditions for importation have been met and that the consignments have been inspected and found free of quarantine pests. Finally, the NPPO of China would have to provide a bilateral workplan to APHIS that details the activities that the NPPO of China will carry out to meet these requirements.


This proposed rule would allow for the importation of fresh citrus from China into the continental United States while providing protection against the introduction of plant pests.


APHIS is asking OMB to approve 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.


Operational Workplan (Foreign Officials The NPPO of China must provide a bilateral workplan to APHIS that details the activities that the NPPO of China and places of production and packinghouses registered with the NPPO of China will, subject to APHIS' approval of the workplan, carry out to meet the requirements of this section. The bilateral workplan must include and describe the specific requirements as set forth in this section. APHIS will be directly involved with the NPPO of China in monitoring and auditing implementation of the systems approach.


Registered Places of Production (Business) – The mandarin orange, pomelo, ponkan, Satsuma mandarin, and sweet orange fruit must be grown by places of production that are registered with the NPPO of China.


Registered Packinghouses (Business) - The mandarin orange, pomelo, ponkan, Satsuma mandarin, and sweet orange fruit must be packed for export to the continental United States in

pest-exclusionary packinghouses that are registered with the NPPO of China.


Recordkeeping (Foreign Officials) - The NPPO of China must maintain all forms and documents pertaining to registered places of production and packinghouses for at least one year and, as requested, provide them to APHIS for review. The NPPO of China must also provide records of pest detections and pest detection practices to APHIS. Before any place of production may export citrus to the continental United States, APHIS must review and approve of these practices.


Identification of Fruit for Lot Traceback (Business) - The identity of each lot of mandarin orange, pomelo, ponkan, Satsuma mandarin, and sweet orange fruit from China destined for export to the United States must be maintained throughout the export process, from the place of production to arrival at the port of entry in the continental United States, by a means of identification that allows the lot to be traced back to its place of production and that is authorized by the bilateral workplan.


Phytosanitary Certificates (Foreign Officials) - Each consignment of mandarin orange, pomelo, ponkan, Satsuma mandarin, or sweet orange fruit imported from China into the continental United States must be accompanied by a phytosanitary certificate issued by the NPPO of China and stating that the requirements of this section have been met and the consignment has been inspected and found free of quarantine pests.


Inspection of Places of Production (Foreign Officials) – The NPPO of China must visit and inspect registered places of production regularly throughout the exporting season for signs of infestations. The NPPO must also allow APHIS to monitor these inspections.



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 forms.



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 apples from China are not carrying plant pests. If plant pests were introduced into the United States, growers in 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:


Michael Wootton , Senior Vice President, Corporate Relations

Sunkist Growers

14130 Riverside Drive

Sherman Oaks, CA 91423

[email protected]

Tel: 818-379-7340, Cell: 818-429-9927


James R. Cranney, Jr., President, California Citrus Quality Council

853 Lincoln Way, Suite 206

Auburn, CA 95603

Tel: (530) 885-1894, Cell: 530-906-6546

[email protected]


Joel Nelson, President, California Citrus Mutual

512 N. Kaweah Ave.

Exeter, CA 93221

[email protected]

Phone: 559-592-3790


APHIS’ proposed rule (14-005-1) 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 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 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.

APHIS estimates the total annualized cost to the respondents to be $6,300. APHIS arrives at this figure by multiplying the total burden hours (420) by the estimated average hourly wage of the above respondents ($15.00). This estimated salary was derived from the APHIS International Services attache’ located in China.



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 $14,582.00. (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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