0282 Ss 20180926

Supporting Statement

Importation of Peppers from the Republic of Korea

OMB No: 0579-0282

2018

1. 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 (USDA) 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) 319.56-1 through 319.56-83, 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.

In accordance with § 319.56-42, peppers from the Republic of Korea are subject to certain conditions before entering the continental United States to prevent the introduction of plant pests into the United States. The regulations include requirements for greenhouse registration and inspection by officials of the national plant protection organization (NPPO) of the Republic of Korea, a phytosanitary certificate with a declaration by NPPO officials stating the peppers were grown in greenhouses in accordance with the regulations and inspected and found free of the listed plant pests, and emergency action notifications.

The information collection allows for the importation of peppers from the Republic of Korea into the continental United States while continuing to provide protection against the introduction of quarantined pests.

APHIS is asking the Office of Management and Budget (OMB) to approve, for an additional 3 years, its use of these information collection activities, associated with its efforts to prevent the spread of plant pests and plant diseases from entering into the United States.

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 activity to allow the importation of peppers from the Republic of Korea into the United States under the conditions they will be grown in approved insect-proof, pest-free greenhouses, and packed in pest-exclusionary packinghouses.

7 CFR 319.56-42(e) Phytosanitary Certificate with Declaration (foreign government) (business)

Each consignment of peppers must be accompanied by a phytosanitary certificate of inspection issued by the National Plant Quarantine Service (NPQS) of Korea bearing the following additional declaration: “These peppers were grown in greenhouses in accordance with the conditions in 7 CFR 319.56–42 and were inspected and found free from Agrotis segetum, Helicoverpa armigera, Helicoverpa assulta, Mamestra brassicae, Monilinia fructigena, Ostrinia furnacalis, Scirtothrips dorsalis, Spodoptera litura, and Thrips palmi. ”

7 CFR 319.56-42(a) Greenhouse Registrations (business) (foreign government)

The peppers must be grown in the Republic of Korea in insect-proof greenhouses approved by and registered with the NPQS of Korea.

7 CFR 319.56-42(c) Inspections (foreign government) (business)

The greenhouses must be inspected monthly throughout the growing season by NPQS to ensure phytosanitary procedures are employed to exclude plant pests and diseases, and that the screens are intact.

Emergency Action Notification PPQ Form 523 (business)

If a single live plant pest in any stage of development is found, the consignment will be held until an investigation is completed and appropriate remedial actions have been implemented. Inspectors will complete the PPQ form 523 when there is an interception of a pest and will fax it to the importer for signature and quarantine action.

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 certificate. However, APHIS is involved with the governmentwide 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 the United States Customs Border Protection and its Partner Government Agencies (PGAs), such as APHIS to import and export cargo, such as peppers through a Single Window concept.

PPQ Form 523 is used by Customs and Border Protection (CBP) to generate records and perform analysis necessary to carry out the program. This may include exporting records or portions of records to the International Trade Data System (ITDS) or the Automated Commercial Environment (ACE). The records may be used by designated employees of CBP and/or the State agricultural cooperators for the following purposes:

(a) Generate the Emergency Action Notification (PPQ Form 523) for the purpose of notification of noncompliance and administrative instructions to importers/shippers/property owners at ports of entry or domestic locations regarding available options for safeguarding their shipment/property against an identified agricultural risk.

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 in connection with its program is the minimum needed to protect the United States from plant pests and diseases from entering the United States. APHIS has determined that the one respondent is a small entity.

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 peppers from Korea are not carrying plant pests and would cause millions of dollars in damage to United States 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 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.

APHIS held productive consultations with the following individuals concerning the information collection activities associated with this program to import peppers from the Republic of Korea:

Carmel Agrexco USA LTD

Or Eyal, Vice Chairman

15012 132^nd Avenue

NewYork, NY 11434-3596 Phone: 718- 481-8700

Village Farms Greenhouses

Christopher Woodward, Director

195 International Parkway Heathrow, FL 32746

Tel: 407-936-1190

Fax: 407-936-1187

Robert L. Guenther

United Fresh Produce Association

Senior Vice President, Public Policy

1901 Pennsylvania Avenue, NW

Suite 1100

Washington, DC 20006 Phone: 202-303-3409

[email protected]

On Thursday, July 26, 2018, pages 35456-35457, 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 from the public were received.

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.

(SORN) APHIS-10: APHIS Comprehensive Electronic Permitting System (ePermits)

FR Doc E8-9407[Federal Register: April 30, 2008 (Volume 73, Number 84)]

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.

Respondents are the NPQS of Korea. APHIS estimates the total annualized cost to these respondents to be $289.00. APHIS arrived at this figure by multiplying the total hours of estimated response time (17 hours) by the estimated average hourly wage of the above respondents ($17.00).

Estimated hourly wages for the respondents were determined from the Korean National

Statistical Office (28). See www.worldsalaries.org/korea.

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 $215.00. (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-I.

	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	37	0	31	0	0	6
Annual Time Burden (Hr)	33	0	29	0	0	4
Annual Cost Burden ($)	0	0	0	0	0	0

Overall there is an increase of 31 responses and 29 total burden hours due to program changes under Agency discretion.

These program changes are due to inspections by the NPPO being erroneously left off the previous submission, along with a under estimate of the number of respondents for both the greenhouse registrations and issued phytosanitary certificates. Emergency Action Notifications were also left off the previous submission, which has been added to this renewal package.

16. For collections of information whose results are planned to be published, outline plans for tabulation and publication.

APHIS has no plans to publish any information collected in connection with program.

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 Form 523 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 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 in the Act.

2. Collections of Information Employing Statistical Methods

Statistical methods are not used in this information collection.

9