Lacey Act Declaration Requirement; Plants and Plant Products

Forms and Documents

Document Name	Status
Form PPQ 505 Businesses Form and Instruction	Modified
Lacey ICR.doc Supporting Statement A	2011-07-20
2011 APHIS 79.xls Supplementary Document	2011-03-15
2011 APHIS 71 Rev.xls Supplementary Document	2011-03-15

IC Document Collections

IC ID	Document Title	Status
187227	Businesses Form and Instruction	Modified

ICR Details

OMB Control No: 0579-0349	ICR Reference No: 201011-0579-001
Status: Historical Active	Previous ICR Reference No: 200911-0579-003
Agency/Subagency: USDA/APHIS	Agency Tracking No:
Title: Lacey Act Declaration Requirement; Plants and Plant Products
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 07/22/2011
	Date Received in OIRA: 03/29/2011
Terms of Clearance: Previous terms of clear remain in effect and OMB approves an extension of one year for this collection. Previous Terms of Clearance/Comments: In accordance with the terms of 5 CFR 1320, OMB approves this information collection for a period of one year. OMB notes that the 2008 Farm Bill, which revised the Lacey Act, directs the Agency to review the implementation of this information collection no later than June 18, 2010. Further, within 180 days of the completion of that review, the Agency (1) must submit a report to Congress, and (2) may promulgate regulations that limit the effect of the statute (Food Conservation, and Energy Act of 2008, Section 8204). Before submitting this collection for reapproval, APHIS must complete the study required by Congress and determine whether to propose a regulation that would limit the effects of the Lacey Act, taking into consideration the costs and the practical utility of the information required by this collection.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2012	36 Months From Approved	07/31/2011
Responses	427,392	0	1,638,560
Time Burden (Hours)	203,846	0	13,108,480
Cost Burden (Dollars)	0	0	0

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Abstract: The purpose of this collection is to require importers 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.

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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: None

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

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 188	09/29/2010
30-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 59	03/28/2011
Did the Agency receive public comments on this ICR? Yes

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

IC Title	Form No.	Form Name
Businesses	PPQ 505B, PPQ 505	Plant and Plant Product Declaration Form ,   Plant and Plant Product Declaration Supplemental Form

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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	427,392	1,638,560	0	0	-1,211,168	0
Annual Time Burden (Hours)	203,846	13,108,480	0	0	-12,904,634	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: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: APHIS has been collecting declarations since May 2009. Based upon customer surveys, internal testing, and analysis, APHIS has determined that it actually takes an average of 30 minutes per response instead of the previously estimated 8 hours. This resulted in an adjustment of 12,904,634 hours. Based on current data collection information, the actual number of annual responses in 2010 for the PPQ Form 505 is 1,211,168 less than the previously approved estimate. In addition, the actual number of respondents is 20,352 instead of the previously approved 81,928. These adjusted reductions reflect the actual number of respondents, declarations received, and burden hours as opposed to past estimates based on expected implementation of USDA's declaration requirement. To further explain APHIS' rationale for the change in burden on the Plant and Plant Product Declaration, PPQ 505, APHIS reviewed the Fish and Wildlife Service Declaration for Importation or Exportation of Fish or Wildlife (USFWS Form 3-177) which requires similar information to the PPQ Form 505. The USFWS Form 3-177 indicates that the time required to complete their form will average 15 minutes by hand or 10 minutes electronically. Collection of the USFWS 3-177 has been ongoing since 1970.

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Annual Cost to Federal Government: $192,072

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]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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: 03/29/2011

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