Implementation of Revised Lacey Act Provisions

Forms and Documents

Document Name	Status
Form PPQ Form XXX (Draf Businesses Form and Instruction	New
SS Lacey Nov 14.doc Supporting Statement A	2008-11-14
APHIS 79 Nov 14.pdf Supplementary Document	2008-11-14
APHIS 71 Nov 14.pdf Supplementary Document	2008-11-14
Emergency Letter on the New Lacey Act.doc Supplementary Document	2008-11-14

IC Document Collections

IC ID	Document Title	Status
187227	Businesses Form and Instruction	New

ICR Details

OMB Control No: 0579-0349	ICR Reference No: 200811-0579-005
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: USDA/APHIS	Agency Tracking No:
Title: Implementation of Revised Lacey Act Provisions
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 12/01/2008
OIRA Conclusion Action: Approved with change	Conclusion Date: 12/07/2008
	Date Received in OIRA: 11/17/2008
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2009	6 Months From Approved
Responses	3,352,776	0	0
Time Burden (Hours)	5,029,164	0	0
Cost Burden (Dollars)	0	0	0

---

Abstract: The purpose of this collection is to revise the Lacey Act so importers will have to submit a declaration for all plants containing the scientific name of the plant and plant product, value of the importation, quantity of the plant, and name of country from which the plant was harvested.

Emergency Justfication: This emergency action request is a result of the 2008 Farm Bill amending the Lacey Act to establish new regulations that will make it unlawful beginning December 15, 2008, to import certain plants and plant products without an import declaration. APHIS is working with a larger interagency group to implement the new provisions.

---

Authorizing Statute(s): US Code: 16 USC 3372 Name of Law: Lacey Act
   PL: Pub.L. 110 - 246 8204 Name of Law: The Food, Conservation and Energy Act of 2008 (Farm Bill)
  

Citations for New Statutory Requirements: PL: Pub.L. 110 - 246 8204 Name of Law: The Food, Conservation and Energy Act of 2008 (Farm Bill)

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	73 FR 196	10/08/2008
Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Businesses	PPQ Form XXX (Draft)	Plant and Plant Product Declaration Form

---

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	3,352,776	0	3,352,776	0	0	0
Annual Time Burden (Hours)	5,029,164	0	5,029,164	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a new program. Under the amended Lacey Act, importers will have to submit a declaration for all plants containing the scientific name of the plant and plant product, value of the importation, quantity of the plant, and name of country from which the plant was harvested.

---

Annual Cost to Federal Government: $58,580,573

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

---

Common Form ICR:  No

---

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 11/17/2008

---