2009 Ss 0235

SUPPORTING STATEMENT - OMB NO. 0579-0235

CLASSICAL SWINE FEVER STATUS OF CHILE

September, 2009

A. Justification

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

The Animal Health Protection Act (AHPA) of 2002 is the primary Federal law governing the protection of animal health. The law gives the Secretary of Agriculture broad authority to detect, control, or eradicate pests or diseases of livestock or poultry. The Secretary may also prohibit or restrict import or export of any animal or related material if necessary to prevent the spread of any livestock or poultry pest or disease.

The AHPA is contained in Title X, Subtitle E, Sections 10401-18 of P.L. 107-171, May 13, 2002, the Farm Security and Rural Investment Act of 2002.

Disease prevention is the most effective method for maintaining a healthy animal population and for enhancing our ability to compete in the world market of animal and animal product trade.

In connection with this mission, the USDA’s Animal and Plant Health Inspection Service (APHIS) regulates the importation of animals and animal products to prevent the introduction of animal diseases, such as classical swine fever (CSF). To that end, APHIS’ animal import regulations in title 9, Code of Federal Regulations, Chapter 1, Subchapter D, part 94, place certain restrictions on the importation of swine, pork and pork products into the United States.

The importation of these commodities from Chile continues to pose an undue risk of introducing CSF into the United States for several reasons. First, Chile supplements its pork supplies by importing fresh (chilled or frozen) pork from CSF-affected regions. Second, Chile shares a common land border with CSF-affected regions. Third, Chile imports swine from CSF-affected regions under less restrictive conditions than the United States considers acceptable for importation.

APHIS is asking OMB to approve, for an additional 3 years, its use of this information collection activity to ensure that swine, pork, and pork products from Chile pose a negligible risk of introducing CSF into the United States.

2. Indicate how, by whom, how frequently, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

Certificate for Live Swine, Pork, and Pork Products from Chile

Swine, pork, and pork products from specified regions must be accompanied by a certificate issued by a salaried veterinary officer of the government of Chile. The certificate must identify, among other descriptions, both the exporting region and the region of origin as a region designated by APHIS as free of CSF at the time the swine, pork, or pork products were in the region.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques 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 certificate must physically accompany the shipment to the United States and must contain an original signature from the authorizing veterinarian to be valid. Therefore, it is not suitable for electronic submission.

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 that APHIS collects in connection with this program is not available from any other source, because APHIS is the only Federal agency responsible for preventing, detecting, controlling, and eradicating CSF or other foreign animal diseases from the United States.

5. If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.

The information APHIS collects is the absolute minimum needed to effectively evaluate the CSF risk associated with Chilean swine, pork and pork product imports. The veterinarians preparing the required form are considered foreign entities and thus are not “small entities” for purposes of Executive Order 12866 or the Regulatory Flexibility Act.

6. Describe the consequence 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.

If the information was collected less frequently or not collected, APHIS would be unable to establish an effective defense against the incursion and spread of CSF from Chilean swine, pork, and pork product imports. This could have serious health consequences for U.S. swine and economic consequences for the U.S. pork industry.

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.

This information collection is conducted in a manner consistent with the guidelines established 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.

During 2009, APHIS spoke to the following individuals concerning the information collection activities associated with this program:

Bobby R. Acord, consultant

221 East Point Rd

Rocky Pointe, NC 28457

540-729-7045

Laurie L. Bryant, Executive Director

Meat Importers Council of America, Inc.

1901 North Fort Myer Drive

Arlington, VA 22309

703-524-6039

Laurie Hueneke, international trade specialist

122 C Street, N.W., Suite 875

Washington, DC 20001

202-347-3600

On Monday, November 16, 2009, page 58938, 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 decision to provide any payment or gift to respondents, other than reenumeration 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.

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior or attitudes, religious beliefs, and other matters that are commonly 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 will ask 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. Burden estimates were developed from discussions with individuals familiar with the work done by Federal animal health authorities in Chile who complete the certificates necessary to export swine, pork, and pork products to the United States.

•Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories.

Respondents are full-time salaried veterinary officers employed by the Government of Chile. APHIS estimates the total annualized cost to these respondents to be $400. APHIS arrived at this figure by multiplying the hours of estimated response time (32 hours) by the estimated average hourly wage of the above respondents ($12.50). The hourly rate for Chilean Federal veterinarians was determined through consultations with APHIS’ animal health specialists based in Chile.

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.

No annual cost burden is associated with capital and startup costs, operation and maintenance expenditures, and purchase of services.

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 annualized cost to the Federal government is estimated at $1,793.97. (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.

Imports of pork and pork products from Chile have decreased since the last time this collection was conducted, causing the number of respondents to decrease from 5 to 4. The number of responses per respondents also decreased from 10 to 8 times with a corresponding drop in burden hours from 50 to 32.

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

APHIS has no plans to publish the information it collects in connection with this 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.

There are no forms associated with this information collection.

18. Explain each exception to the certification statement identified in the "Certification for Paperwork Reduction Act."

APHIS can certify compliance with all provisions in the Act.

B. Collections of Information Employing Statistical Methods

Statistical methods will not be used in this information collection.