0579-XXXX Gooseberry Proposed Rule SS (Apr 2018)

April 2018
SUPPORTING STATEMENT
IMPORTATION OF FRESH CAPE GOOSEBERRY FRUIT FROM ECUADOR INTO
THE CONTINENTAL UNITED STATES
DOCKET APHIS-2016-0009
A. Justification
1. Explain the circumstances that make the collection of information necessary. Identify
any legal or administrative requirements that necessitate the collection.
The Plant Protection Act (PPA, 7 U.S.C. 7701 et seq.) authorizes the Secretary of Agriculture to
restrict the importation, entry, or interstate movement of plants, plant products, and other articles
within the United States to prevent the introduction of plant pests or their dissemination. The
Animal and Plant Health Inspection Service (APHIS) Plant Protection and Quarantine (PPQ)
Program enforces the Act by regulating the importation of fruits and vegetables into the United
States. These regulations are found in Section 319 of the Code of Federal Regulations (CFR)
under ‘‘Subpart—Fruits and Vegetables’’ (7 CFR 319.56–1 through 319.56–82). 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 with the United States.
APHIS is proposing to amend 7 CFR 319.56 to allow the importation of fresh cape gooseberry
fruit from Ecuador into the continental United States. As a condition of entry, the fresh cape
gooseberry fruit would be subject to a systems approach that includes requirements for
establishment of pest-free places of production and the labeling of boxes prior to shipping. Fresh
cape gooseberry fruit from non-pest free places of production would have to undergo approved
cold treatment or irradiation. The fresh cape gooseberry fruit would also have to be imported in
commercial consignments and accompanied by a phytosanitary certificate issued by the national
plant protection organization of Ecuador certifying that the fruit has been produced in
accordance with the systems approach. Fresh cape gooseberry fruit that does not meet the
conditions of the systems approach would be allowed to be imported into the continental United
States subject to treatment.
This action would allow for the importation of fresh cape gooseberry fruit from Ecuador into the
continental United States while continuing to provide protection against the introduction of plant
pests.
APHIS is requesting the Office of Management and Budget (OMB) to approve for 3 years the
use of these information collection activities 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 will use the following information activities to verify that fresh cape gooseberry fruit
from Ecuador are grown in accordance with a systems approach monitored by the Ecuador
National Plant Protection Organization (NPPO) and to verify consignments are declared free of
pests. This action will allow for the importation of fresh cape gooseberry fruit from Ecuador into
the continental United States while providing protection against the introduction of quarantine
pests.
Operational Workplan; (7 CFR 319.56-83(a)(1)); (Foreign Government)
The operational workplan is an agreement between APHIS and the NPPO of a foreign
government, and, when necessary, foreign commercial entities, that specifies in detail the
phytosanitary measures that will be carried out to comply with APHIS regulations regarding a
specific commodity. Operational workplans apply only to the signatory parties and establish
detailed procedures and guidance for the day-to-day operations of specific import/export
programs. Operational workplans also establish how specific phytosanitary issues are dealt with
in the exporting country and make clear who is responsible for dealing with those issues. The
Ecuador NPPO will be required to provide an operational workplan to APHIS that details the
activities the NPPO will carry out to meet the requirements of the systems approach, subject to
APHIS’ approval of the workplan. APHIS would be directly involved with the NPPO in
monitoring and auditing implementation of the systems approach.
Production Site Registration; (7 CFR 319.56-83(a)(2)); (Foreign Government) (Business)
The production site where the fruit is grown must be registered with the Ecuador NPPO.
Registration allows for inspection of fruit crops and provides traceability of fruit origin.
Carton Marking; (7 CFR 319.56-83(a)(3)); (Business)
Harvested fresh cape gooseberry fruit must be placed in field cartons or containers that are
marked to show the official registration number of the production site.
Phytosanitary Certificate (7 CFR 319.56-83(a)(5)); (Foreign Government) (Business)
Each consignment of fresh cape gooseberry fruit will need to be accompanied by a phytosanitary
certificate issued by the NPPO of Ecuador that contains an additional declaration stating that the
fruit in the consignment was inspected and found free of C. capitata and was grown, packed, and
shipped in accordance with the requirements of § 319.56-83.
Notice of Suspension to Export; (7 CFR 319.56-83(d)(2)); (Foreign Government)
All fruit flies trapped will need to be reported to APHIS immediately. The capture of C. capitata
will result in immediate cancellation of exports from farms within 5 kilometer radius of the
detection site.
Notice of Resumption to Export; (7 CFR 319.56-83(d)(2)); (Foreign Government)
Sites whose exports have been canceled under this paragraph will be eligible to export fruit to the
United States only if the fruit is treated. Exports may resume from the detection area when
APHIS and the NPPO of Ecuador agree the risk has been mitigated.

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Foreign Site Preclearance Inspection Documentation; (7 CFR 319.56-83(e)); (Foreign
Government) (Business)
Each consignment of fresh cape gooseberry fruit will need to be accompanied by documentation
to validate foreign site preclearance inspection if irradiation treatment is completed in Ecuador.
Application for Permit to Import Plants or Plant Products (PPQ Form 587);
(7 CFR 319.56-3); (Business)
Importers may be required to obtain permits from APHIS before shipping cape gooseberry fruit
from Ecuador to the United States that may not be in full compliance with 7 CFR 319.56-83.
Permits allow APHIS to inform applicants of importation requirements imposed on the fruit at its
country of origin and any special conditions the consignments must meet when arriving at United
States ports.
Notice of Arrival (PPQ Form 368); (7 CFR 319.56-3d(1)); (Business)
Importers of regulated articles must complete PPQ Form 368 (or equivalent Federal form
depending upon port procedures) at or before the shipment’s arrival into the United States. The
form provides information needed by Federal inspectors or officers to identify and track
shipments en route to the United States, and to schedule inspections and treatments at the
appropriate ports of entry. Timely submission mitigates delays in the port clearance process.
Emergency Action Notification (PPQ Form 523); (7 CFR 319.56-3d(2)); (Business)
PPQ Form 523 is prepared by a Federal official and issued to a broker, shipper, market owner, or
other stakeholder responsible for a certain consignment failing specific import requirements and
requiring remedial action. The form describes the reasons for refusal of entry into the United
States and basic explanations of required remedial actions. Receipt and consignment disposition
are annotated by the stakeholder before further port clearance procedures may resume.
Recordkeeping; (7 CFR 319.56-83(a), (d)); (Foreign Government) (Business)
Trapping for C. capitata will need to be conducted in the places of production in accordance
with the operational workplan to demonstrate that those places are free of the pest. The Ecuador
NPPO will be required to keep records of fruit fly detections for each trap and make the records
available to APHIS upon request. Other records related to the burdens in this information
collection and created and maintained by businesses and foreign governments may be requested
by APHIS to assist with the identification, tracking, and mitigation of plant pests before they
enter the United States.

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 format of the operational workplan, production site registrations, phytosanitary certificates,
notices of suspension and resumption to export, and foreign site preclearance inspection
documentation are at the discretion of the NPPO. APHIS has no influence over other nations
with regard to automating their documentation but NPPO’s may follow APHIS or international
guidelines for format and content.
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Methodology for marking cartons is at the discretion of packaging facilities.
The Application for Permit to Import Plants or Plant Products (PPQ Form 587) and Notice of
Arrival (PPQ Form 368) may be completed online by e-Permits account holders at website
https://www.aphis.usda.gov/aphis/resources/permits/sa_plants/ct_ppq_epermits. Fillable versions
of the forms also may be obtained from the APHIS forms website at https://www.aphis.usda.gov/
aphis/resources/forms/ct_ppq_forms and then faxed or emailed to APHIS. Users also may obtain
more information about the forms by visiting the PPQ permit information webpage at
https://www.aphis.usda.gov/aphis/ourfocus/planthealth/import-information/permits/plants-andplant-products-permits/ct_plantproducts.
The Emergency Action Notification (PPQ Form 523) is initiated by Federal officials.
APHIS works closely with CBP and 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. ITDS will allow respondents to
submit data required by U.S. CBP and its Partner Government Agencies (PGAs) to import and
export cargo through a Single Window concept. APHIS is also developing a system known as
e-File for CARPOL (Certification, Accreditation, Registration, Permitting, and Other Licensing)
activities. It is still under development and will strive to efficiently automate some of these
information collection activities.

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 there are no small business respondents in this information collection.

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. Failing to collect this information would restrict trade
with Ecuador and severely limit APHIS’ ability to ensure fruit and vegetable imports are not
carrying dangerous plant pests. Consequently, the introduction of insect pests and disease into
the United States could result in significant damage to American fruit crops and severe economic
losses for the United States fruit industry.
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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;
An Emergency Action Notice (PPQ Form 523) may be issued by a Federal official to a
broker, shipper, market owner, or other stakeholder responsible for a certain consignment
being quarantined. The form describes the reasons for quarantine and basic explanations
of required remedial actions. Recipients of PPQ Form 523 typically have 48 hours to
decide on actions to be taken, and seven days to complete them.
• 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.

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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 engaged in productive consultations with the following individuals concerning the
information collection activities associated with this program:
Dennise Brito
Director, Ankay Cia LDTA
Pedro Freile, Quito EC170103, Ecuador
tel:+593 2-203-5833
dbrito@tankay.org
Claudio Gorini
Alma S.R.L., Frutta dal mondo
AL.MA srl Ortomercato:
Pad A Stand 34-35-36-37
Street C. Lombroso, 54
20137 Milan - Italy
Claudio@almafrutta.com
Tel: +39 02 5510622
Hennie van Es
General Director, Com-Freeze
Hoekeindseweg 141, 2661 DP Bergschenhoek, Netherlands
Tel: +31 10 522 3449
hvanes@com-freeze.com
APHIS’ proposed rule (Docket No. APHIS-2016-0034) was published in the Federal Register on
April 20, 2018 with a 60-day comment period. During this time, interested members of the
public will have the opportunity to provide APHIS with their input concerning the usefulness,
legitimacy, and merit of the information collection activities APHIS is proposing.

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.
No additional assurance of confidentiality is provided with this information collection.
However, the confidentiality of information is protected under 5 U.S.C.552a.
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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.
• 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 Ecuador NPPO, production sites, packing sites, and U.S. importers.
APHIS estimates the total annualized cost to the above respondents to be $198,203.
APHIS arrived at this figure by multiplying 7,565 hours of burden by the respondents’
estimated average hourly wage of $26.20. This hourly wage was provided by the USDA
International Services attaché in Ecuador.

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 no 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.
See APHIS Form 79. The annualized cost to the Federal Government is estimated at $86,929.

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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 proposing to amend the fruits and vegetables regulations to
allow, under certain conditions, the importation of fresh cape gooseberry fruit from Ecuador into
the Continental United States, resulting in 7,565 burden hours.

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 APHIS 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.
PPQ Form 368, PPQ Form 523, and PPQ Form 587 are used for multiple information collections
which have different expiration dates. APHIS requests that an expiration date not be annotated
on these forms.

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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