0419 Ss 20171211

December 2017

Supporting Statement

OMB NO. 0579-0419

Importation of Mangoes from Jamaica

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 319.56-77, 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.

In accordance with § 319.56-71, mangoes may be imported from Jamaica into the continental United States under certain conditions to prevent the introduction of plant pests into the United States. As a condition of entry, mangoes have to be produced in accordance with a systems approach employing a combination of mitigation measures for Phomopsis mangiferae and Xanthomonas campestris pv. mangiferaeindicae and be inspected prior to export from Jamaica and found free of these pests and diseases. Mangoes must be accompanied by a phytosanitary certificate with an additional declaration that the conditions for importation have been met. These regulations also require the use of certain information collection activities that include operational workplans, production site registrations, pest detection investigations and reinstatement, heat treatment facility certifications, heat treatment monitoring and inspections, trust fund agreements, inspections, and emergency action notifications.

APHIS is asking OMB to approve its use of these information collection activities for an additional three 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 collections to support the importation of mangoes from Jamaica:

7 CFR 319.56.71(a)(1) - Operational Workplan (NPPO)

The national plant protection organization (NPPO) of Jamaica must provide an operational workplan to APHIS that details the activities that the NPPO of Jamaica will, subject to APHIS’ approval of the workplan, carry out to meet the requirements of the mitigations.

7 CFR 319.56.71(a)(2) - Production Site Registration (Business) (NPPO)

The mangoes must be grown at places of production that are registered with the NPPO of Jamaica and that meet the specifications detailed in the workplan.

7 CFR 319.56.71 (a)(2) - Pest Detection Investigation (Business) (NPPO)

If a pest or disease is detected at the port of entry in the United States, the consignment of mangoes would be prohibited entry into the United States and further shipments from the place of production where the mangoes were grown will be prohibited until an investigation is conducted and APHIS and the NPPO of Jamaica agree that the risk has been mitigated.

7 CFR 305.8(a) - Heat Treatment Certified Facility (Business)

The heat treatment facility must be certified by APHIS. Recertification is required annually, or as often as APHIS directs, depending upon treatments performed, commodities handled, and operations conducted at the facility.

7 CFR 305.8(b) - Heat Treatment Monitoring and Inspections (Business) (NPPO)

Heat treatment must be monitored by an official authorized by APHIS to ensure proper administration of the treatment. An official authorized by APHIS approves, adjusts, or rejects the treatment. Workplans must allow officials of the NPPO and APHIS to inspect the facility to monitor compliance with APHIS regulations

7 CFR 305.8(d) - Trust Fund Agreement (NPPO)

Facilities located outside the United States must operate in accordance with a workplan. The workplan must be signed by a representative of the heat treatment facilities located outside the United States, the national plant protection organization of the country of origin (NPPO), and APHIS. The workplan must contain requirements for equipment, temperature, water quality, circulation, and other measures to ensure that heat treatments are administered properly. Workplans for facilities outside the United States must include trust fund agreement information regarding payment of the salaries and expenses of APHIS employees on site. Workplans must allow officials of the NPPO and APHIS to inspect the facility to monitor compliance with APHIS regulations.

7 CFR 319.56.71(f) -Phytosanitary Certificate (foreign) w/additional Declaration (NPPO) Each consignment of fruit must be inspected by APHIS and the NPPO of Jamaica and accompanied by a phytosanitary certificate issued by the NPPO of Jamaica with two additional declarations confirming that:

(1) The mangoes were subjected to treatments in accordance with 7 CFR part 305 to mitigate the risk of Anastrepha spp. fruit fly, and (2) The mangoes were inspected prior to export from Jamaica and found free of P. mangiferae and X. campestris pv. mangiferaeindicae.

7CFR 319.56.71(d) Inspection (business) (NPPO)

The mangoes must be inspected by the NPPO of Jamaica and found free of Coccus moestus.

7CFR 319.56.71(a)(2) Emergency Action Notification (PPQ Form 523)

If a pest or disease is detected at the port of entry in the United States, the consignment of mangoes would be prohibited entry into the United States. The EAN system tracks the issuance of Emergency Actin Notifications. PPQ Form 523 is generated by DHS and PPQ officers throughout the country when an actionable violation is detected related to prohibited pests and agricultural products found in cargo, market places or domestic sites. A copy of the form is given to the importer of the impacted commodity.

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.

For trade partners who have fully automated systems, we will be accepting computer extracts of electronic health certification health certification data. These certificates are included in the governmentwide utilization of the International Trade Data System (ITDS) via the Automated Commercial Environment (ACE) to improve business operations and further Agency missions.

The PPQ Form 523 is generated from the Agricultural Quarantine Activity System (AQAS).

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% 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 mangoes from Jamaica 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 in APHIS’ decision to import mangoes from Jamaica:

Mr. Jarrold McIneis

Chief Plant Quarantine

Ministry of Agriculture

193 Old Hope Road

Kingston 6

Telephone: +1-876-977-0637

Marshall Ovete

Jamaican Producers Group, LTD

6a Oxford Road,

Kingston 5

926-3503-7

[email protected]

National Mango Board

Amy Mercado

Director of Operations

3101 Maguire Blvd, Suite 111
Orlando, FL 32803
407-629-7318
(877) MANGOS-1

On Friday, October 13, 2017, pages 47690-47691, Volume 82, APHIS published in the Federal Register a 60-day notice seeking public comments on its plans to request a 3-year renewal of this collection of information. No comments were received during this time.

 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 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. Burden estimates were developed from discussions with Jamaican National Plant Protection Organization.

• 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 $11,294.15. APHIS arrived at this figure by multiplying the total burden hours (427) by the estimated average hourly wage of the above respondents ($26.45).

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 annualized cost to the Federal Government is estimated at $13,649. (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.

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	398	0	+324	0	0	74
	Annual Time Burden (Hr)	427	0	+310	0	0	117

Overall there is an increase of 324 responses and increase of 310 total burden hours due to adjustments.

This program change is a result from several burden activities being erroneously left off of the previous and first information collection. Specifically those burden activities included pest detection investigations, heat treatment requirements, and trust fund agreements.

This has resulted in an increase of total burden hours from 117 to 427 and an increase in annual responses increased from 74 to 398.

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.

The PPQ 523 form is used in multiple information collections; therefore, it is not practical to include an OMB expiration date because of the various expiration dates for each information collection. 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.

APHIS due to the rounding of figures.