0313 Ss 20190502

0313 SS 20190502.pdf

Permanent, Privately Owned Horse Quarantine Facilities

OMB: 0579-0313

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SUPPORTING STATEMENT
OMB NO. 0579-0313
PERMANENT, PRIVATELY OWNED HORSE QUARANTINE FACILITIES
April 2019
This is a reinstatement of a previously approved information collection with changes.
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 such 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.
The Animal and Plant Health Inspection Service (APHIS) of the U.S. Department of Agriculture is
responsible for, among other things, protecting the health of the nation’s livestock and poultry
populations by preventing the introduction and spread of serious diseases and pests of livestock and
poultry and for eradicating such diseases and pests from the United States when feasible. In
connection with this disease prevention mission, APHIS operates animal quarantine facilities and
authorizes the use of privately owned quarantine facilities for certain animal importations.
Title 9 of the Code of Federal Regulations, part 93, requires that certain animals be quarantined on
arrival in the United States as an import condition. Regulations at 9 CFR 93.308 include requirements
for the approval and establishment of permanent, privately owned horse quarantine facilities operated
under APHIS supervision. These regulations necessitate the use of several information collection
activities when applicants apply for approval to establish and operate permanent, privately owned
horse quarantine facilities. These activities include:
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Environmental Certification
Application for Facility Approval
Service Agreements
Letter Challenging Withdrawal of Facility Approval
Letter Notifying APHIS of Facility Closure
Compliance Agreement
Security Instructions
Alarm Notification
Security Breach
List of Personnel
Signed Statements
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•
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Daily Log/Recordkeeping
Request for Variance

APHIS is asking the Office of Management and Budget (OMB) to approve, for 3 years, its use of
these information collection activities in connection with APHIS’ efforts to ensure that horses can be
imported into the United States without compromising its ability to protect against the introduction of
communicable diseases of horses.
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.
APHIS uses the following information activities for the approval and establishment of permanent,
privately owned horse quarantine facilities operated under APHIS supervision:
Environmental Certification (Local Government and Business) - 9 CFR 93.308(b)(iii)(E)
Anyone wishing to operate a permanent, privately owned horse quarantine facility must, as part of the
approval process, submit to APHIS a statement certifying that the facility complies with all
applicable local, State, and Federal environmental regulations. This certification must be issued by
local environmental authorities.
Application for Facility Approval (Business) - 9 CFR 93.308(c)(1)(i)
Anyone wishing to receive APHIS approval to operate a permanent, privately owned horse
quarantine facility must send APHIS an application letter including:
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The full name and address of the applicant.
The location and address of the facility.
Blueprints of the facility.
A description of the financial resources available to build, operate, and maintain the facility.
The anticipated origin of the horses to be quarantined.
The expected size and frequency of shipments.
A contingency plan for the possible disposal of all the horses capable of being housed in the
facility.

Service Agreements (Business) - 9 CFR 93.308(c)(1)(i)(A)
If APHIS determines that an application is complete and merits further consideration, the applicant
must enter into a service agreement with APHIS agreeing to pay the cost of all APHIS services
associated with APHIS’ evaluation of the application and facility. This service agreement applies
only to fees accrued during the application process and is a signature-only document.
Letter Challenging Withdrawal of Facility Approval (Business) - 9 CFR 93.308(c)(1)(iv)(A)
If APHIS chooses to deny or withdraw its approval of a permanent, privately owned horse quarantine
facility, the facility operator may send APHIS a letter explaining why the approval should not be
withdrawn. If there is a conflict concerning any material fact, the owner may request a hearing to
resolve the conflict.

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Letter Notifying APHIS of Facility Closure (Business) - 9 CFR 93.308(c)(1)(i)(B)
If a permanent, privately owned horse quarantine facility has closed, the owner must notify APHIS in
writing that the facility is no longer operating.
Compliance Agreement (Business) - 9 CFR 93.308(c)(2)
If APHIS approves the facility, its owners must enter into a compliance agreement with APHIS in
which the owner agrees to meet all APHIS requirements for operating the facility; operate the facility
under APHIS supervision; accept responsibility for all costs associated with operating and
maintaining the facility, including costs associated with APHIS supervision; and suspend or dismiss
any employee who fails to comply with APHIS operating requirements. This compliance agreement
is a signature-only document.
Security Instructions (Business) - 9 CFR 93.308(c)(3)(iv)(C)
The facility and premises must be guarded at all times or the facility must have an electronic security
system. If the facility has an electronic security system, the facility operator must provide written
instructions to the monitoring agency stating that the police and a designated APHIS representative
must be notified if the alarm is triggered. The operator must give APHIS a copy of the written
instructions.
Alarm Notification (Business) - 9 CFR 93.308(c)(3)(iv)(C)
If the alarm at the facility is triggered, the monitoring agency must notify APHIS immediately.
Security Breach (Business) - 9 CFR 93.308(c)(3)(iv)(C)
If a breach in security occurs or is suspected, the operator of the facility must notify APHIS
immediately.
List of Personnel (Business) - 9 CFR 93.308(c)(4)(ii)(B)
The facility operator must give APHIS an updated list of all personnel with access to the facility. This
list must include the names, current residential addresses, and identification numbers of each person
and must be updated with any changes or additions before the person can access the quarantine
facility.
Signed Statements (Business) – 9 CFR 93.308(c)(4)(ii)(C)
Each employee and any other person hired by the operator to work at the facility must sign a
statement agreeing to comply with all regulations governing permanent, privately owned horse
quarantine facilities, other applicable provisions of 9 CFR part 93, all terms of the compliance
agreement, and any related instructions from APHIS representatives regarding quarantine operations.
The operator must give APHIS the signed statements.
Daily Log/Recordkeeping (Business) - 9 CFR 93.308(c)(4)(vi)
The facility operator must keep a daily log recording all persons entering or exiting the quarantine
facility. The operator must keep this daily log, along with any logs created by APHIS personnel and
deposited with the operator, for at least 2 years after the date the horses are released from quarantine.
The operator must make the logs available to APHIS personnel on request. APHIS needs these
records in case it has to investigate an equine disease outbreak.

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Request for Variance (Business) - 9 CFR 93.308(c)(6)
APHIS may grant variances to its requirements concerning the location, construction, and other
design features of the facility, as well as to requirements concerning sanitation, security, operating
procedures, and other matters. A facility operator desiring a variance must ask the Administrator for a
variance at least 30 days before horses arrive at the facility.
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 service agreements and compliance agreement require the operator’s original signature. The
signed statements are preprinted documents that require the signature of anyone with access to the
quarantine facility. Electronic submission is permissible if the facility has the capability to create a
valid electronic signature. All documentation associated with this program can be submitted to
APHIS via email by attaching scanned or word processing documents.
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 is not available from any other source. APHIS is the only
Federal agency responsible for approving and supervising permanent, privately owned horse
quarantine facilities in the United States and for preventing foreign animal diseases from entering the
United States.
5. If the collection of information impacts small businesses or other small entities, describe any
methods used to minimize burden.
APHIS estimates that 100 percent of the business respondents are small entities; the authorities
issuing environmental certifications are not businesses. However, the information asked of the small
businesses is the absolute minimum needed to ensure that permanent, privately owned horse
quarantine facilities are being operated in accordance with APHIS regulations. Most of the
information gathering documents used in this program require minimal input from the facility
operator.
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 at all, APHIS would be unable to
approve permanent, privately owned horse quarantine facilities. Importers of horses would find it
difficult to get quarantine space at either Federal facilities or temporary, privately owned facilities,
which could decrease equine imports. This would impede trade and hurt the U.S. equine 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.
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requiring respondents to report information to the agency more often than quarterly;

Security Breach and/or Alarm Notification - The facility owner or operator must notify APHIS
immediately if there is a security breach and/or an alarm notification. Immediate notification is
necessary so APHIS can inspect the facility promptly to determine the biosecurity risk posed by the
breach, and what mitigation procedures are necessary. If no security breaches occur, the facility
operator does not need to report anything additional to APHIS.
Daily Log - The facility operator must keep a daily log recording all persons entering or exiting the
quarantine facility.
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requiring respondents to prepare a written response to a collection of information in
fewer than 30 days after receipt of it;

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

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requiring respondents to retain records, other than health, medical, government
contract, grant-in-aid, or tax records for more than 3 years;

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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;

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requiring the use of a statistical data classification that has not been reviewed and
approved by OMB;

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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

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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.
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 consulted the following individuals by email and phone to discuss the information APHIS
collects to administer its private equine quarantine requirements. We discussed with them how we
and they obtain the necessary data and how frequently; how much data is available; the convenience
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and clarity of reporting formats and other collection instruments; and the clarity of, and necessity for,
any recordkeeping requirements. The respondents stated via email or phone that they had no concerns
with any of these items and had no further recommendations.
Greg and Linda Jackson
Hacienda Siesta Alegre
Rd. 186 Km., 23.9 El Verde
Rio Grande, PR 00745
787-397-8118/501
Jose Alessandrini
Animal Import Centers, LLC (Animal Import Centers, Miami)
5400 NW 75th Ave
Miami, FL 33166
786-412-0217
Jet Pets
911 Falmouth Avenue
Playa del Rey, CA 90293-8297
310-823-8901
On Tuesday, February 19, 2019, pages 4764-4765, Volume 84, No. 33, 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
renumeration 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.
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.
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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 U.S. horse importers;
owners, operators, and employees of temporary, privately owned horse quarantine facilities;
prospective owners and operators of permanent, privately owned horse quarantine facilities; local
authorities who complete and issue environmental certifications; and security company employees.
•Provide estimates of annualized cost to respondents for the hour burdens for collections of
information, identifying and using appropriate wage rate categories.
APHIS estimates the total annualized cost to these respondents to be $850.66. APHIS arrived at this
figure by multiplying the total burden hours (20 hours) by the estimated average hourly wage of the
above respondents ($28.92) and then multiplying the result ($578.45) by 1.4706 to capture benefit
costs. According to DOL BLS news release USDL-18-1499, dated September 18, 2018 (see
https://www.bls.gov/news.release/pdf/ecec.pdf), benefits account for 32 percent of employee costs,
and wages account for the remaining 68 percent. Mathematically, total costs can be calculated as a
function of wages using a multiplier of 1.4706.”
The hourly rate is derived from the U.S. Department of Labor, Bureau of Labor Statistics May 2018
Report − Occupational Employment and Wages in the United States. See
http://www.bls.gov/oes/#tables.
Owners or operators of facilities: $59.56 per hour [median, general and operations manager] Facility
employees: $16.51 per hour [median, agricultural workers all other], Local environmental authorities:
$24.21 per hour [median, environmental science and protection technicians], and employees of
security companies: $15.41 [median, security guards].
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 startup cost component annualized over its expected useful life; and (b) a total operation and
maintenance and purchase of services component.
If APHIS determines that an application is complete and merits further consideration, the applicant
must enter into a service agreement with APHIS agreeing to pay the cost of all APHIS services
associated with APHIS’ evaluation of the application and facility. This service agreement applies
only to fees accrued during the application process and is a signature-only document.

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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 $19,643.85. (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.
ICR Summary of Burden:
Requested

Program
Change Due
to New
Statute

123

0

0

0

123

0

Annual Time Burden
(Hr)

20

0

0

0

20

0

Annual Cost Burden
($)

0

0

0

0

0

0

Annual Number of
Responses

Program
Change Due
to Agency
Discretion

Change Due to
Adjustment in
Agency
Estimate

Change Due
to Potential
Violation of
the PRA

Previously
Approved

This is a reinstatement of a previously approved information collection with changes. There is a
program increase of +6 respondents and +123 responses resulting in an increase of +20 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 publish 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.
No forms are associated with this information collection.
18. Explain each exception to the certification statement identified in the “Certification for
Paperwork Reduction Act.”
APHIS certifies compliance with all provisions of the Act.
B. Collections of Information Employing Statistical Methods
No statistical methods are associated with the information collection activities used in this program.

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