0579-0446 Lemons Chile Final Rule SS

April 2018
Supporting Statement
Importation of Lemons from Chile into the Continental United States
APHIS-2015-0051
OMB No. 0579-0446
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 pests and noxious weeds from entering the
United States, preventing the spread of plant diseases not widely distributed in the United States,
and eradicating those imported pests and noxious weeds 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 new to the United States or not known to be widely distributed
throughout the United States.
The regulations in “Subpart – Fruits and Vegetables” (Title 7, Code of Federal Regulations
(CFR) 319.56, referred to 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 published a final rule amending the fruits and vegetables regulations to list lemon (Citrus
limon (L.) Burm. f.) from Chile as eligible for importation into the continental United States
subject to a systems approach. Under this systems approach, the fruit must be grown in a place
of production that is registered with the National Plant Protection Organization (NPPO) of Chile
and certified as having a low prevalence of Brevipalpus chilensis. The fruit must also undergo
pre-harvest sampling at the registered production site. Following post-harvest processing, the
fruit is to be inspected in Chile at an approved inspection site. Each consignment of fruit must
be accompanied by a phytosanitary certificate with an additional declaration stating that the fruit
had been found free of Brevipalpus chilensis based on field and packinghouse inspections. This
final rule allows for the safe importation of lemons from Chile using mitigation measures other
than fumigation with methyl bromide.
APHIS is asking the Office of Management and Budget (OMB) to approve for 3 years the use of
these information collection activities associated with APHIS’s efforts to prevent the spread of
plant pests and plant diseases into the United States.

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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 verify that lemons from Chile are grown in
production areas that are registered and monitored by the NPPO of Chile and to verify
consignments have been produced with a systems approach.
Application for Permit to Import Plants or Plant Products (PPQ Form 587);
(7 CFR 319.56-38(a)); (Business)
Consignments must be accompanied by a permit issued in accordance with §319.56-3(b).
Production Site Registration; (7 CFR 319.56-38(d)(1)); (Business and Foreign Government)
The production site where the lemons are grown must be registered with the NPPO of Chile. To
register, the production site must provide the NPPO of Chile with the following information:
production site name, grower name, municipality, province, region, area planted to each species,
number of plants/hectares/species, and approximate date of harvest. Registration must be
renewed annually.
Low-Prevalence Production Site Certification; (7 CFR 319.56-38(d)(2)); (Business and
Foreign Government) - Between 1 and 30 days prior to harvest, random samples of fruit must
be collected from each registered production site under the direction of the NPPO of Chile.
These samples must undergo a pest detection and evaluation method as follows: The fruit is
washed using a flushing method, placed in a 20-mesh sieve on top of a 200-mesh sieve, sprinkled
with a liquid soap and water solution, washed with water at high pressure, and washed with
water at low pressure. The washing process is then be repeated immediately after the first
washing. The contents of the 200-mesh sieve are then be placed on a petri dish and analyzed for
the presence of live B. chilensis mites. If a single live B. chilensis mite is found, the production
site would not qualify for certification as a low-prevalence production site and would be eligible
to export fruit to the United States only if the fruit is fumigated with methyl bromide either in
Chile or at the port of first arrival in the United States.
Certified Production Site List; (7 CFR 319.56-38(d)(2)); (Foreign Government)
The NPPO of Chile is required to present a list of certified production sites to APHIS.
Phytosanitary Inspection at APHIS-Approved Inspection Site; (7 CFR 319.56-38(d)(4));
(Business and Foreign Government) - The fruit must be inspected in Chile at an APHISapproved inspection site under the direction of APHIS inspectors in coordination with the NPPO
of Chile following any post-harvest processing. A biometric sample is drawn from each
consignment which may represent multiple grower lots from different packing sheds.
Phytosanitary Certificate; (7 CFR 319.56-38(d)(4)(B)(ii)); (Foreign Government)
Each consignment of fruit must be accompanied by a phytosanitary certificate issued by the
NPPO of Chile that contains an additional declaration stating that the lemons in the consignment
meet the conditions of the systems approach and are free of B. chilensis. A phytosanitary
certificate ensures that the NPPO of Chile inspects the lemons for pests.
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Lot Identification Documents; (7 CFR 319.56-38(d)(4)(i)); (Business)
Fruit presented for inspection must be identified in the shipping documents accompanying each
lot of fruit that identify the production site(s) where the fruit was produced and the packing
shed(s) where the fruit was processed. This identity must be maintained until the fruit is released
for entry into the United States.
Fumigation Requirements:
Certified Treatment Facility; (7 CFR 305.5(a)); (Business)
The fumigation treatment facility must be certified by APHIS. Facilities are required to be
inspected and recertified annually, or as often as APHIS directs, depending upon treatments
performed, commodities handled, and operations conducted at the facility.
Treatment Facility Monitoring; (7 CFR 305.5 (b)); (Business)
Treatment must be monitored by an official authorized by APHIS to ensure proper
administration of the treatment, including that the correct amount of gas reaches the target
organism and that an adequate number and placement of blowers, fans, sampling tubes, or
monitoring lines are used in the treatment enclosure. An official authorized by APHIS approves,
adjusts, or rejects the treatment.
APHIS-Approved Treatment Schedule Procedure; (7 CFR 305.5 (c)); (Business)
All chemical applications must be administered in accordance with an Environmental Protection
Agency (EPA) approved pesticide label and the APHIS-approved treatment schedule prescribed
in the PPQ Treatment Manual, or in another treatment schedule approved in accordance with
§305.2. If EPA cancels approval for the use of a pesticide on a commodity, then the treatment
schedule prescribed in the PPQ Treatment Manual, or approved in accordance with §305.2, is no
longer authorized for that commodity. If the commodity is not listed on the pesticide label and/or
included in a Federal quarantine or crisis exemption in accordance with the Federal Insecticide,
Fungicide, and Rodenticide Act, Section 18, then no chemical treatment is available.

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.
The Application for Permit to Import Plants or Plant Products (PPQ Form 587) is available via
www.epermits.gov and also at www.aphis.usda.gov/library/forms.
APHIS has no control or influence over when foreign countries will automate 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, such as peppers, through a Single Window
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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. The PPQ 587 will
eventually be available through the CARPOL database system.

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.
APHIS estimates that 90 percent of the business respondents are small entities. The information
collected is the minimum required to ensure safeguards are in place to prevent the introduction of
plant pests into the United States via lemon shipments from Chile.

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.
USDA/APHIS is the only Federal agency responsible for preventing the incursion or interstate
spread of plant pests, diseases, and noxious weeds. The information APHIS is collecting is its
only source for this information, and it is not being collected through other forms or reports.

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, governmental
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;
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• 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 statue 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 held productive consultations with the following individuals concerning the information
collection activities associated with this program:
Joe Berberian
Bee Sweet
P. O. Box 40098
Austin, Texas 78704
Email: [email protected]
Phone: 559-834-5345
Mark Greenberg
CAPESPAN
701 North Broadway Pier 9
Gloucester City, NJ 08030
Email: [email protected]
Phone: 514-688-3579
Mayda Sotomayor-Kirk
Seald Sweet International
1991 74th Ave
Vero Beach, FL 32966
Email: [email protected]
Phone: 772-569-2244

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APHIS’ proposed rule, docket APHIS-2015-0051, was published in the Federal Register on
Monday, April 4, 2016 with a 60-day comment period. It was reopened in the Federal Register
on Friday, August 26, 2016 for an additional 30 days to allow comment on the pathway-initiated
risk assessment which was not available during the initial comment period.
During this time, APHIS received 38 comments. They were from producers, importers,
exporters, port operators; representatives of State, U.S., and foreign governments; and private
citizens. 28 of the commenters were supportive of the proposed rule. The remaining raised a
number of questions and concerns about the proposed rule. Most questioned the technical
aspects of the activities described in the proposed rule with 7 related to information collection.
These 7 included a recommendation to change the type of information collected and increase the
reporting frequency of production site registrations; others to increase sampling sizes at the
production sites and packinghouses; and adding additional activities for protocols and increased
APHIS oversight in pre-harvest activities. APHIS addressed all of these comments in the final
rule notice and none were adopted. Minor, non-substantive changes to clarify a few provisions
in the regulatory text were made. Otherwise, the proposed rule was adopted as the final rule.

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 (other than appropriate, programrelated 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 a personal or sensitive nature.

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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.
Respondents are foreign businesses and the federal National Plant Protection
Organization (NPPO) for Chile. The annualized cost to respondents is $23,368.
APHIS arrived at this figure by multiplying the total burden hours by the estimated
average hourly wage of the above respondents (920 burden hours X $25.40 estimated
hourly wage = $23,368.00). This hourly wage was provided by the IS attaché in Chile.

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 for the Federal Government is $14,853. (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.
This is a new program. APHIS is amending the fruits and vegetable regulations to allow, under
certain conditions, the importation of lemons from Chile into the United States, resulting in 920
hours of burden.

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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.
The PPQ 587 is used in 10 information collections, each with a different expiration date. It is not
practical to include an OMB expiration date on the form. 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 in the Act.

B. Collections of Information Employing Statistical Methods
Statistical methods are not used in this information collection.

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