2017 Ss 0411

Supporting Statement
Importation of Cape Gooseberry from Colombia
OMB No. 0579-0411
August 2017
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 through 319.56-76, 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.
The fruits and vegetables regulations allow the importation of cape gooseberry from Colombia
into the United States. As a condition of entry, cape gooseberry from Colombia would be subject
to a systems approach that would include requirements for establishment of pest-free places of
production and the labeling of boxes prior to shipping. The cape gooseberry would also have to
be imported in commercial consignments and accompanied by a phytosanitary certificate issued
by the National Plant Protection Organization (NPPO) of Colombia certifying that the fruit has
been produced in accordance with the systems approach. This action would allow for the
importation of cape gooseberry from Colombia into the United States while continuing to
provide protection against the introduction of plant 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 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 activities to verify that cape gooseberry from Colombia
are grown in production areas that are registered and monitored by the NPPO while continuing to
provide protection against the introduction of quarantine pests.
Bilateral Workplan (Foreign Government) - 7 CFR 319.56.67(a)
The NPPO of Colombia must provide a bilateral workplan to APHIS that details the activities
that the NPPO will, subject to APHIS’ approval, carry out to meet the requirements of this
section. APHIS will be directly involved with NPPO in the monitoring and auditing
implementation of the systems approach.
Production Site Registration (Business and Foreign Government) - 7 CFR 319.56.67 (b)(1)
All places of production must be registered with the NPPO of Colombia.
Box Markings (Business) - 7 CFR 319.56.67(d)
The gooseberries must be packed in boxes marked with the identity of the originating farm. The
boxes must be packed in sealed and closed containers before being shipped.
Phytosanitary Certificate (foreign) w/Declaration (Business and Foreign Government)
7 CFR 319.56.67(g)
Each consignment of cape gooseberry must be accompanied by a phytosanitary certificate issued
by the NPPO of Colombia containing an additional declaration stating that the fruit originated
from a place of production free of C. capitata within the low prevalence area of Bogota Savannah
and the neighboring municipalities above 2,200 meters of elevation in the Departments of
Boyacá and Cundinamarca in accordance with the requirements of § 319.56-58.
Trapping and Recordkeeping (Business) - 7 CFR 319.56.67(c)(1)
Trapping for C. capitata must be conducted in the places of production in accordance with the
bilateral work-plan to demonstrate that those places are free of C. capitata. Specific trapping
requirements are included in the bilateral workplan. The NPPO of Colombia must keep records
of fruit fly detections for each trap and make the records available to APHIS upon request.
All fruit flies trapped must be reported to APHIS immediately. Capture of C. capitata will result
in immediate cancellation of exports from farms within 5 square kilometers of the detection site.
An additional 50 traps must be placed in the 5 square kilometer area surrounding the detection
site. If a second detection is made in the detection area within 30 days of a previous capture,
eradication using a bait spray agreed upon by APHIS and the NPPO of Colombia must be
initiated in the detection area. Treatment must continue for 2 months.
Phytosanitary Inspection (Business and Foreign Government) - 7 CFR 319.56.67(e)
After packing, the NPPO of Colombia must visually inspect a biometric sample of cape
gooseberry at a rate jointly approved by APHIS and the NPPO of Colombia, and cut open the
sampled fruit to check for detection of C. capitata.

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 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.
APHIS estimates that 95 percent of the business 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.
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 the 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;

Trapping and Recordkeeping - All fruit flies trapped must be reported to APHIS immediately.
Capture of C. capitata will result in immediate cancellation of exports from farms within 5
square kilometers of the detection site. An additional 50 traps must be placed in the 5 square
kilometer area surrounding the detection site. If a second detection is made in the detection area
within 30 days of a previous capture, eradication using a bait spray agreed upon by APHIS and
the NPPO of Colombia must be initiated in the detection area. Treatment must continue for 2
months.
•

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;

•

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 other 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 recently held productive consultations with the following individuals concerning the
information collection activities associated with this program:

Dennis Nuxoll
Vice President, Federal Government Affairs
Western Growers Association
1800 K Street, NW, Suite 1124
Washington, DC 20006
202-296-0191 x7303
Lisa Lochridge
Director of Public Relations
Florida Fruit & Vegetable Association
P.O. Box 948153
800 Trafalgar Court, Suite 200
Maitland, FL 32794-8153
321-214-5200
Thomas Arnold, Director
Northarvest Bean Growers Association
2060 20th St NW,
Appleton, MN 56208
218-334-6351
218-334-6360
On Friday, June 16, 2017, page 27679, 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 from the public.

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. 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 NPPO and importers in Colombia. The estimated annualized cost to
respondents totaled $95,616. APHIS arrived at this figure by multiplying the total hours by the
estimated average hourly wage of the above respondents. 2,880 X $33.20 = $95,616.
$33.20 is the hourly rate derived from the U.S. Department of Labor, Bureau of Labor Statistics
May 2016 Report - Occupational Employment and Wages in the United States. See
http://www.bls.gov/news.release/pdf/ocwage.pdf

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 $23,850.19. (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.

Requested
Annual Number of
Responses

Program
Program
Change Due Change Due to
Change Change Due to to Adjustment
Potential
Due to New
Agency
in Agency
Violation of the
Statute
Discretion
Estimate
PRA

Previously
Approved

850,428

0

3,261

842,541

0

4,626

Annual Time Burden
(Hr)

2,880

0

996

1,115

0

769

Annual Cost Burden
($)

0

0

0

0

0

0

Program Change: There is a program change of + 3,261 responses resulting in an increase of
+996 total burden hours due to APHIS now accounting for the following burden:
(1) Production Site Registration (Foreign Government);
(2) Phytosanitary Certificates (Business); and
(3) Phytosanitary Inspections (Business and Foreign Government).
These burden items were erroneously omitted from the previous renewal and are now being
reported as a violation.
Adjustment: There is an adjustment of +2 respondents and +846,541 responses resulting in an
increase of +1,115 burden hours. This increase is due an underestimated number of trapping
activities that increased the number of burden hours. In addition, there were increases in
shipments and box markings. Last, APHIS adjusted the time it took to prepare the Production
Site Registration and the Phytosanitary Certificates.

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 involved in this information 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.