SS Importation of Mangoes from India 0579-0312 2009

February 2010

Supporting Statement

Importation of Mangoes from India

OMB NO.0579-0312

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 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 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” (7 CFR 319.56 through 319.56-49, 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 amended the fruits and vegetables regulations to allow the importation into the continental United States of mangoes from India under certain conditions. As a condition of entry, the mangoes would have to undergo irradiation treatment and be accompanied by a phytosanitary certificate with additional declaration providing specific information regarding the treatment and inspection of the mangoes and the orchards in which they are grown. In addition, the mangoes would be subject to inspection at the port of first arrival. This action allowed for the importation of mangoes from India into the continental United States while continuing to provide protection against the introduction of quarantine pests.

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

Phytosanitary Certificate (foreign): APHIS requires that some plants or plant products are accompanied by a phytosanitary inspection certificate that is completed by plant health officials in the originating or transiting country. APHIS uses the information on the certificate 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 APHIS conducts when the shipment arrives. Without this information, all shipments would need to be inspected very thoroughly, thereby requiring considerably more time. This would slow the clearance of international shipments.

Each shipment of fruit would have to be accompanied by a phytosanitary certificate issued by the National Plant Protection Organization (NPPO) of India certifying that the fruit received the required irradiation treatment. In addition, this irradiation treatment would have to be administered outside of the United States in an APHIS-certified facility and would have to be monitored by APHIS inspectors.

Preclearance Workplan: In accordance with §305.31, APHIS and the Indian NPPO would have to jointly develop a preclearance workplan that details the activities that the NPPO will carry out in connection with each irradiation facility to verify the facility’s compliance with 7 CFR and part 305. This facility preclearance workplan would have to be reviewed and renewed by APHIS and the NPPO of India on an annual basis.

Trust Fund Agreement: The NPPO of India would enter into a trust fund agreement with APHIS to provide for all expenses incurred by APHIS while performing preclearance activities, including salaries and administrative, travel, and other incidental expenses. Costs, if any, not covered by the trust fund would be minimal.

Compliance Agreements (Foreign): A compliance agreement is required between USDA and the irradiation facility in India stating that India is in compliance with 7 CFR 305.

Recordkeeping: Recordkeeping is required of visits to the facility by Indian inspectors and are maintained for three years.

Inspection by NPPO’s: Each shipment of fruit shall be jointly inspected by APHIS and the NPPO of India, and be accompanied by a phytosanitary certificate issued by the NPPO of India certifying that the fruit received the required irradiation treatment and includes two additional declarations.

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 the phytosanitary certificate.

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 entering into the United States. APHIS has determined that approximately 33 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 mangoes from India are not carrying plant pests. If plant pests (such as Sternochetus frigidus (F.) and Sternochetus mangiferae (F.)were introduced into the

United States, growers 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.

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.

In 2009, APHIS held productive consultations with the following individuals concerning the information collection activities associated with its program to import mangoes from India.

Mr. Ashish Bahuguna

Joint Secretary

Dept. of Agriculture and Cooperation

Ministry of Agriculture, Government of India

2301 3445

email: ashish@krishi.nic.in

Dr. B Lai – Principal Scientist

Division of Plant Quarantine

National Bureau of Plant Genetic Resources

(Indian Council of Agriculture Research)

Pusa Campus, New Delhi-100 012

25841457 (O)

27934452 (R)

D.D.K. Sharma – Deputy Director (PP)

Central Insechcide Inspector

Directorate of Plant Protection, Quarantine and Storage

NH-IV, Faridabad – 121 001 (Haryana)

Email: ddksharma@rediffmail.com

On Tuesday, September 8, 2009, page 46081, 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 renumeration of contractors or grantees.

This information collection activity involves no payments (other than appropriate, program-related 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.

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 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 total burden hours to the respondents are 2,685 hours. 2,685 X $9.00 = $24,165.

These estimates were developed by using historical data and through several discussions with various importers of mangoes from India.

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 $111,474.89.

(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.

There is no change in burden hours for this collection of information. However, the total annual responses give the appearance of increasing by 5. This is because the recordkeepers in Column I were not added to the Total Annual Responses in Column F as they are now in this submission.

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 USDA forms associated with 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.

Revised 2/22/10