0128 SS comments 111617

Supporting Statement

Importation of Fruits and Vegetables

OMB No. 0579-0128

November 2017

JUSTIFICATION

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

This is a revision of a currently approved information 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 imported pests when eradication is feasible.

Under the Plant Protection Act (7 U.S.C. 7701– et seq.), the Secretary of Agriculture is authorized to carry out operations or measures to detect, eradicate, suppress, control, prevent, or retard the spread of plant pests not known to be widely distributed throughout the United States. APHIS’ Foreign Quarantines (7 CFR Part 319) are issued under this authority.

The regulations in “Subpart-Fruits and Vegetables” (7CFR 319.56 through 319.56-77), referred to as the regulations, allow a number of fruits and vegetables to be imported into the United States under specified conditions from certain parts of the world.

The importation of papayas from certain regions of Brazil, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama into the continental United States, Alaska, Puerto Rico, and the United States Virgin Islands requires the use of certain information collection activities, including phytosanitary certificates, maintaining fruit fly monitoring records, and the labeling of boxes.

2. Indicate how, by whom, and for what purpose the information is 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 a number of fruits and vegetables to be imported into the United States under specified conditions from certain parts of the world.

Phytosanitary Certificates (Foreign Government and business) 7CFR 319.56-25(i)

All consignments must be accompanied by a phytosanitary certificate issued by the National Plant Protection Organization (NPPO) of the exporting country stating that the papayas were grown, packed, and shipped in accordance with the provisions of this section. This certificate is completed by plant health officials in the originating or transiting country. APHIS uses the information to determine the pest condition of the shipment at the time of inspection in the foreign country. This information is used as a guide to the intensity of the inspection that APHIS must conduct when the shipment arrives. Without this information, all shipments would need to be thoroughly inspected, thereby requiring considerably more time. This would slow the clearance of international shipments.

Fruit Fly Monitoring/Recordkeeping (Foreign Government) 7CFR 319.56-25(g)

Papaya fields in Brazil and Costa Rica must be regularly monitored for fruit fly activity. Plant health officials from the Ministries of Agriculture in both countries must set and maintain fruit traps in the fields where the papaya is grown. These employees must keep records of fruit fly finds for each trap and make these records available to APHIS inspectors for a period of 1 year.

Labeling of Boxes (Business) 7CFR319.56-5(e)

This applies to all imported fruits and vegetables. Section 319.56-5(e) states that the boxes of fruit imported into the United States must be clearly labeled with the name of the orchard or grove of origin, or the name of the grower; the name of the municipality and State in which it was produced; and the type and amount of fruit it contains. Boxes are to be labelled with “Not for importation into or distribution within HI.”

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.

APHIS has no control or influence over when foreign countries will automate their phytosanitary certificates. However, APHIS is involved with the Government-wide utilization of the International Trade Data System (ITDS) via the Automated Commercial Environment (ACE) to improve business operations and further Agency missions.  This will allow respondents to submit the data required by U.S. Customs and Border Protection and its Partner Government Agencies (PGAs), such as APHIS  to import and export cargo through a Single Window concept.  APHIS is also establishing a system known as e-File for CARPOL (Certification, Accreditation, Registration, Permitting, and Other Licensing) activities.  This new system will strive to automate some of these information collection activities.  The system is still being developed and business processes continue to be identified and mapped.

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 entry of injurious plant pests, diseases, 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 introduction of plant pests and plant diseases. APHIS has determined 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 or collected it less frequently, the effectiveness of APHIS’ import regulations would be severely compromised, likely resulting in the introduction into the United States of a number of destructive (and economically damaging) agricultural pests. The entry of pests such as fruit flies would result in millions of dollars in damage to American agriculture.

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 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.

APHIS consulted with the following entities regarding the importation of fruits and vegetables:

Stephanie Martin-Smith

Dekalb Farmers Market

3000 East Ponce De Leon Avenue

Decatur, GA 30030

404-371-3924

Don Edgar,Operations Manager

New Limeco, LLC

25251 Southwest 139th Avenue
Princeton, Florida‎ 33032

305-258-1611

Brenda Leighton, President

Caribbean Fruit Connection Corporation

8040 NW 155 St. Ste 101-103
Miami Lakes, FL, 33016

305-592-3400

On Thursday, August 24, 2017, pages 40130 - 40131, APHIS published in the Federal Register, a 60-day notice seeking public comments on APHIS’ plans to request a 3-year extension of this collection of information. During that time, APHIS received no comments.

9. Explain any decisions to provide any payment or gift to respondents, other than remuneration 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 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 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.

The estimate of annualized cost to the public was determined by multiplying the total number of burden hours (480) by the estimated wage per hour rate of $14.89. (480 X $14.89 = $7,147.20). The hourly wage was provided by an APHIS International Services Agricultural Attaché who services Guatemala, El Salvador, Belize, Panama, and Brazil.

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, 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 to the Federal Government is $4,512.00. 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.

ICR Summary of Burden:

	Requested	Program Change Due to New Statute	Program Change Due to Agency Discretion	Change Due to Adjustment in Agency Estimate	Change Due to Potential Violation of the PRA	Previously Approved
Annual Number of Responses	19,493	0	448	18,146	0	899
Annual Time Burden (Hr)	480	0	224	56	0	200
Annual Cost Burden ($)	0	0	0	0	0	0

This is a revision of a currently approved information collection request. The total burden hours have increased from 200 to 480 hours and the responses have increased from 899 to 19,493 responses. The increases are due to program changes and administrative adjustments.

There is a program change increase of +109 business respondents and +448 annual responses resulting in an increase of +224 burden hours. The increase is due to APHIS now accounting for burden of the Phytosanitary Certificates for businesses.

There is an adjustment decrease of -125 Foreign Government respondents and an increase of +18,146 annual responses resulting in an increase of +56 burden hours. The decrease in respondents is due APHIS accurately accounting for the number of Foreign Government respondents and the increase is due to the increased number of labeling of boxes for businesses and Phytosanitary Certificates for Foreign Government.

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.

There are no forms being used in this 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 in the Act.

B. Collections of Information Employing Statistical Methods.

Statistical methods are not used in this information collection.