SS Phytos Import of Small Lots of Seed

SUPPORTING STATEMENT

Importation of Small Lots of Seeds

Without Phytosanitary Certificates

OMB NO. 0579-0285

A. JUSTIFICATION August 2015

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 (USDA) is responsible for preventing plant pests and noxious weeds from entering the United States, preventing the spread of pests and weeds not widely distributed in the United States, and eradicating those imported pests and weeds when eradication is feasible. The Plant Protection Act authorizes the USDA to carry out this mission.

Under the Plant Protection Act (7 U.S.C. 7701 – et seq), the Secretary of Agriculture is authorized to prohibit or restrict the importation, entry, or movement of plants and plant pests to prevent the introduction of plant pests into the United States or their dissemination within the United States.

The regulations in 7 CFR, Part 319, prohibit or restrict the importation into the United States of certain plants and plant products to prevent the introduction of plant pests into the United States. The regulations contained in “Subpart – Nursery Stock, Plants, Roots, Bulbs, Seeds, and Other Plant Products” (§§ 319.37 through 319.37-14, referred to below as the regulations) prohibit or restrict, among other things, the importation of living plants, plant parts, and seeds for propagation.

The nursery stock regulations allow the importation of small lots of seed under an import permit with specific conditions, as an alternative to the phytosanitary certificate requirement. This is necessary because several entities that import small lots of seed; (individual importers, scientists, horticultural societies, arboreta, and small businesses), have had difficulty obtaining the necessary certificates and have been adversely affected by the phytosanitary certificate requirement.

APHIS is asking the Office of Management and Budget (OMB) to approve for an additional 3 years, the use of these information collection activities, associated with its effort to prevent the spread of plant pests and diseases into the continental United States.

2. Indicate how, by whom, 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.

APHIS uses the following information activities for the nursery stock regulations and allows the importation of small lots of seed under an import permit with specific conditions.

Application for Permit to Import Plants or Plant Product (PPQ Form 587 or equivalent) (Business)

This application is submitted to APHIS by persons wishing to import regulated articles such as small lots of seed to request a permit from APHIS. This application must be submitted at least 30 days prior to the arrival of the article at the port of entry. On the form the requestor provides contact information as well as specifics about the regulated article such as the country of origin, the quantity and names of articles, means of importation, and their port of entry arrival. APHIS uses this information to determine if a permit should be issued and, if so, uses the information to issue said permit. That permit must accompany the articles to legally be an accepted permit into the United States.

Labeling of Seed Packets (previously listed as Labeling w/information for phytosanitary certificates (Business) - A certificate of inspection in the form of a label is required, in accordance with Section 319.37-4(c)(i)(iv), to be attached to each carton of the articles and to an airway bill of lading, or delivery ticket accompanying the articles. Each seed packet must be clearly labeled with the name of the collector/shipper, the country of origin, and the scientific name at least to the genus level, and preferably to the species level.

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.

PPQ Form 587 is automated and posted at: http://www.aphis.usda.gov/library/forms/pdf/PPQ587.pdf In addition, this form may be completed via APHIS’ ePermits System ePermitsPPQ587documentation.docx. and article-country587application-screenshots.docx. APHIS is in the process of developing a new system called eFile which will further automate this process.

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 to prevent the introduction of plant pests and plant disease into the United States. The information 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.

The information collected for this program is the minimum needed to protect the United States nursery stock and other plant resources from the potential introduction of plant pest and plant diseases into the country. APHIS has determined that 30 percent of the total 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.

If APHIS did not collect this information or if this information was collected less frequently, APHIS could not verify that imported nursery stock does not present significant risk of introducing plant pests and plant disease into the United States. The establishment of certain plant pests in the United States could cause substantial losses to American agriculture.

7. Explain any special circumstances that require the collection to be conducted in a manner inconsistent with the general information 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;

• requiring respondents to submit more than an original and two copies of any docu­ment;

• requiring respondents to retain re­cords, other than health, medical, governm­ent 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 statute 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 special circumstances exist that would require this collection to be conducted in a manner inconsistent with the general information collection guidelines in 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 data 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 held productive consultations with the following individuals concerning the information collection activities associated with the importation of small lots of seeds:

Mike Moore

President

Heartland Peony Society

201 E Washington
Paola, KS 66071

Phone: 816-746-1949

Maribea M. Marranca

Manager, Seed Exchange

North American Rock Garden Society

PO Box 67, Millwood, NY

Phone: (914) 762-2948

Ron Macdonald

Scottish Natural Heritage

Silvan House, 3rd Floor East 

231 Corstorphine Road 

EDINBURGH, EH12 7AT

Phone: 0131 316 2676 

On Monday, March 30, 2015, pages 16621-16622, 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. Any and all information obtained in this collection shall not be disclosed except in accordance with 5 U.S.C. 552a. In addition, APHIS has published a system of Records Notice (APHIS-10) which describes and addresses its privacy security controls and routine uses of the information among other things.

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. These estimates were developed using historical data, calculated average number of permits requested, and discussions with field and industry personnel.

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

$20.79 is the hourly rate derived from the U.S. Department of Labor, Bureau of Labor Statistics May 2014 Report - Occupational Employment and Wages in the United States. See http://www.bls.gov/news.release/pdf/ocwage.pdf

Total cost to respondents is computed by multiplying their average wage ($20.79) by the total number of hours (400) needed to complete the work. $20.79 X 400 = $8,316.

13. Provide estimates of the total annual cost burden to respondents or recordkeepers resulting from the collection of information, (do no include the cost of any hour burden shown in item 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 expenses that would not have been incurred without this collection of information.

See APHIS Form 79 for annualized cost to the Federal Government. Annual cost to the Government is $5,369.

15. Explain the reasons for any program changes or adjustments reported in Items 13 or 14 of the OMB Form 83-1.

	Requested	Program Change Due to New Statute	Program Change Due to Agency Discretion	Change Due to Adjustment in Agency Estimate	Change Due to Potential Violation of the PRA	Previously Approved
Annual Number of Responses	10,400	0	0	-10,400	0	20,800
Annual Time Burden (Hr)	400	0	0	-340	0	740
Annual Cost Burden ($)	0	0	0	0	0	0

There is an adjustment decrease in respondents from 1600 to 400, and the responses from 20,800 to 10,400, and the burden hours from 740 to 400. These numbers more accurately reflects the actual number of permits that were issued for small lots of seeds and thus the actual number of respondents. In addition, the same respondents were counted twice in the previous submission of this information collection.

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 collections, explain the reasons that display would be inappropriate.

PPQ Form 587 is used in 9 information collections; therefore, it is not practical to include an OMB expiration date because of the various expiration dates for each collection. APHIS is seeking approval to not display the OMB expiration date on this form.

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.