0579-0088 2020 Ss (20200407)

0579-0088 2020 SS (20200407).docx

Domestic Quarantine Regulations

OMB: 0579-0088

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February 2020

Supporting Statement

Domestic Quarantines

OMB Control No. 0579-0088



A. Justification


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), Animal and Plant Health Inspection Service (APHIS) is responsible for preventing plant pests and noxious weeds from entering the United States, preventing the spread of plant pests and noxious weeds not widely distributed in the United States, and eradicating those imported pests when eradication is feasible.


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.


Plant Protection and Quarantine (PPQ), is responsible for implementing this Act and does so through the enforcement of its domestic quarantine regulations contained in Title 7 of the Code of Federal Regulations (CFR), Part 301.


APHIS’ implementation of these domestic quarantines often requires APHIS to collect information from a variety of individuals who are involved in growing, packing, handling, transporting and importing plant products. The information APHIS collects serves as the supporting documentation required for the issuance of PPQ forms and documents that authorize the movement of regulated articles, and are vital in helping APHIS ensure that injurious plant diseases and insect pests do not spread within the United States.


APHIS is asking the Office of Management and Budget (OMB) to approve for an additional three years its use of these information collection activities associated with its efforts to prevent the spread of insect pests within the 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.


Pest name abbreviations used throughout this information collection request: BSR - black stem rust, PSB - pineshoot beetle, Pinkbw, CC - citrus canker, IFA - imported fire ant, GN - golden nematode, ELC - European larch canker, Oriental FF - fire fly, ALB - Asian longhorned beetle, EAB - emerald ash borer, JB – Japanese Beetle, and GM - gypsy moth.

Information is collected from growers, packers, and shippers of regulated articles to ensure that the articles, when moved from a quarantined area, do not harbor injurious plant diseases and insect pests.


7 CFR 301; Request for Inspection and Limited Permit (PPQ 537); (State, Business)

(previously PPQ 537 (Limited Permit of Movement of Noncertified Articles))


PPQ 537 is a pressure-sensitive permit applied to containers of articles that do not necessarily require inspection at destination. The State plant protection official in the host State may elect not to inspect based on the size of the shipment and the date the regulated article was treated. This form is used in the Black Stem Rust (BSR), GM, Pine Shoot Beetle (PSB), Pink Bollworm (Pinkbw), Witchweed (WW), Imported Fire Ant (IFA), Golden Nematode (GN), Sugarcane Disease, European Larch Canker (ELC), Oriental Fruit Fly (Oriental FF), Mediterranean Fruit Fly (Med FF) and Asian Long-horned Beetle (ALB) programs.


7 CFR 301; Request for Inspection and Federal Certificate and Authorization to Apply (PPQ 540); (State, Business, Individual)

(previously PPQ 540 (Federal Certificate))


PPQ 540 is used to certify bulk shipments of regulated articles. PPQ officials and State cooperators review forms issued to ensure regulated articles are in compliance with Federal or State regulations. This form is used in the BSR, GM, PSB, ALB, Med FF, WW, IFA, GN, Sugarcane, ELC, Oriental FF, and P. ramorum programs.


7 CFR 301; Request for Sticky Back Certificate and Authorization to Apply (PPQ 527); (Business)

(previously PPQ 527 (Sticky Back Certificate)


PPQ 527 is a pressure-sensitive certificate used to certify individual articles. These certificates may be applied by the package owner. This form is used in the GM, PSB, ALB, Med FF, IFA, GN, Sugarcane, ELC, Oriental FF and Emerald Ash Borer (EAB) programs.


7 CFR 301; Request for Inspection and Issuance of Limited Permit (PPQ 530); (State, Business, Individual)

(previously PPQ Form 530 (Limited Permit))


PPQ 530 limited permits are used to authorize movement of regulated articles that are not certifiable to specified destinations for processing, treatment, or utilization. They are used to authorize the movement of regulated articles to a specified destination and allows further inspection at destination. The decision to perform further inspections will be made by the State plant protection official in the host State. The decision to inspect is prompted by date of issuance and results of inspection prior to transport. This form is used in the BSR, PSB, Pinkbw, citrus canker (CC), IFA, GN, ELC, Oriental FF, ALB and EAB programs.




7 CFR 301; Request for Inspection and BSR Inspector Report (PPQ 543); (State)

(previously PPQ Form 543 Black Stem Rust Inspector’s Report)


PPQ 543 is used during inspection to record the source of stock purchased during the year and to assist in the inspection for rust resistance. If the stock is questionable, it is recorded as such as the specimen is forwarded to the Federal Rust Laboratory for a rust susceptibility test. The inspector also uses the form to recommend whether the establishment should be included on the eligibility list for permits and interstate shipping. This form is used in the BSR program.


7 CFR 301; Signature and Acceptance: Emergency Action Notification (PPQ 523); (Business)

(previously PPQ Form 523 Emergency Action Notification)


PPQ 523 is used when an emergency action must be taken on a shipment which allows CBPAI and/or PPQ to communicate to interested parties the need for specific action on a shipment.


7 CFR 301; Receipt and Acceptance: Report of Violation (PPQ 518); (Business)

(previously PPQ Form 518 Report of Violation)


PPQ 518 is used to report violations of 7 CFR 355, 50 CFR 23, and 50 CFR 24, and becomes part of the total case file together with the Officer’s Statement. This form is used in the Imported Fire Ant program.


7 CFR 301; Request for Inspection and Issuance: Compliance Agreements (PPQ 519); (State, Business)

(previously PPQ Form 519 (Compliance Agreements))


The PPQ 519 compliance agreement specifies procedures and precautions that the grower, handler, or mover must follow to prevent the spread of insect pests and diseases from spreading to non-infested areas of the United States. By signing a compliance agreement with APHIS, the applicant agrees to comply with the prescribed regulations and stipulations when moving or treated regulated items. The stipulations vary from program to program and by type of establishment and are usually written prior to contact with the establishments. The time involved with the respondent depends upon the number and complexity of the stipulations written for the specific type of establishment. This form is used in the P. ramorum and ALB programs.


7 CFR 301; Notice of New Information: Documents Sent to State Plant Regulatory Official;

(Business)

(previously Documents Sent to State Plant Regulatory Official)


Any qualified certified applicator who issues a certificate or outdoor household article document must, at the time of issuance, send a copy of the certificate or outdoor household article document to the State Plant Regulatory Official for both the originating State and the destination State.


7 CFR 301; Request for Inspection of Regulated or Outdoor Household Articles; (State, Business)

(previously Inspections)

(previously Assembly and Inspection of Regulated Articles and Outdoor Household Articles) (previously Inspections of Outdoor Household Articles)

(previously Assembly and Inspection of Regulated Articles: Issuance and Cancellation of Certificates)

(previously Assembly and Inspection of Regulated Articles)


Inspections are conducted by PPQ inspectors and State inspectors as part of enforcing domestic quarantines. These inspections ensure that:


• The article has been treated under the direction of an inspector to destroy the pest in accordance with the treatment manual; or


• The article has been grown, produced, manufactured, stored, or handled in such a manner that it will not transmit infestation as determined by an inspector. Based upon the results of these inspections, an inspector may issue certificates or other required documents.


Specifically for GM, a qualified certified applicator will issue certificates for the interstate movement of any outdoor household articles or mobile homes, if it is determined that the articles are inspected and found free from any life stage of the GM, or the articles have been treated by or under the direct supervision of a qualified certified applicator. This individual must provide the originating State and the destination State with copies of all certificates and outdoor household article documents issued.


An outdoor household article document may be issued by the person moving the outdoor household articles for the interstate movement of the articles if that person has inspected the outdoor household articles and has found them to be free of any life stage of GM. A signed statement must accompany the shipment stating the articles were inspected in accordance with the GM Program Manual. The mover must provide the originating State and the destination State with a copy.


Any person, other than a person authorized to issue certificates under 7 CFR 301, who desires to move interstate a regulated article that must be accompanied by a certificate or permit may request that an inspector issue the document following examination of the articles. The request shall be submitted at least 7 days but not later than 48 hours before the desired interstate movement








7 CFR 301; Requirements for Labeling Regulated Articles and Outdoor Household Articles from Generally Infested Areas; (Business)

(previously Conditions Governing the Interstate Movement of Regulated Articles and Outdoor Household Articles from Generally Infested Areas)

(previously Conditions Governing the Interstate Movement of Regulated Articles and Outdoor

Household Articles from Generally Infested Areas)

(previously Attachment and Disposition of Certificates and Permits)


If a certificate or permit, or a tag or label, is required for the interstate movement of regulated articles, the certificate, permit, tag, or label shall be securely attached to the outside of the container in which such articles are moved, or securely attached to the outside of the container containing the article, or securely attached to the article itself if not in a container, and bear the permit number corresponding to the number of the permit issued for such article.



7 CFR 301; Requirement to Notify: Notification of Unscheduled Flights; (Business)

(previously Notification of Unscheduled Flights)


Notification of unscheduled commercial flights and of all military flights must be given to the appropriate person in the destination airport of any of the States listed in the Japanese Beetle (JB) regulations (7 CFR 301.48(b) at least 1 hour before departure.


7 CFR 301; Requirements for Labeling Using Certificates and Limited Permits; (Business)

(previously Certificates and Limited Permits)


Except as provided in §301.75-6(b)(8) for kumquat plants, certificates and limited permits accompanying regulated articles interstate must be attached during the interstate movement to the outside of the regulated article, if the regulated article is not packed in a container, or the outside of the container in which the regulated article is packed.


7 CFR 301; Requirement for Annual Report of Inspection and Freedom from Black Stem Rust to Maintain as Protected Area; (State, Business)

(previously Protected Areas Written Statement)

7 CFR 301; Notice of Requirements to Establish and Maintain Areas Protected from Black Stem Rust; (Business)

(previously Protected Areas (Inspection Time))

7 CFR 301; Black Stem Rust Report; (State, Business)


Each State that is a protected area or that encompasses a protected area must submit annually to the Administrator a written statement, signed by an inspector, assuring APHIS that all nursery inspections have been performed in accordance with this section. The statement must be submitted by January 1 of each year, and must include a list of the nurseries inspected and found free of rust-susceptible plants.



7 CFR 301; Notice of Requirements to Become a Qualified Certified Applicator for Regulatory Pest Treatments and Controls; (Business)

(previously Qualified Certified Applicator (QCA) Workshop Attendance)


Application for becoming a Qualified Certified Applicator who has attended and completed a workshop approved by the Administrator on the identification and treatment of GM life stages on outdoor household articles and mobile homes; and who has entered into a compliance agreement in accordance with §301.45–6 of this part for the purpose of inspecting, treating, and issuing certificates for the movement of outdoor household articles and mobile homes.


7 CFR 301; Notice Establishing Areas Quarantined for Regulated Plant Pests; (State)

(previously Temporary Designation of Areas as Generally Infested Areas)


An inspector may temporarily designate any area in any State as a generally infested area. The inspector will give written notice of the designation to the owner or person in possession of the area. Thereafter, the interstate movement of any regulated articles from such areas will be restricted. The designation will be terminated by an authorized inspector, and notice will be given to the owner or person in possession of the areas.


7 CFR 301; Notice of Requirements to Move Regulated Articles in Interstate Commerce and Signature Certifying Acceptance; (Business, Individual)

(previously Conditions Governing the Interstate Movement of Regulated Articles and Outdoor

Household Articles from Generally Infested Areas)


Regulated articles must be moved with a tag or label securely attached to the outside of the container containing the article or securely attached to the article itself if not in a container, and with such tag or label bearing a permit number corresponding to the number of the permit issued for such article. Other information to be marked on each container, waybill, manifest, or bill of lading includes nature and quality of contents, name and address of shipper/owner/forwarder; name of consignee, shipper’s identifying mark and number; and the serial number of the certificate or limited permit authorizing movement. In addition, each of the smallest units being transmitted into or through the continental United States must be conspicuously marked prior to the sealing of the container.


7 CFR 301; Disposal of Regulated Articles and Pests; (Business)

(previously Inspection and Disposal of Regulated Articles and Pests)


Any properly identified inspector is authorized to stop and inspect, and to seize, destroy, or otherwise dispose of or require disposal of regulated articles and JBs.


7 CFR 301; Post Inspection Movement Notification of Regulated Articles (Move Notification); (Business)

(Previously Assembly and Inspection of Regulated Articles)


Any person, other than a person authorized to issue certificates or limited permits under §301.50–5(c), who desires to move a regulated article interstate accompanied by a certificate or limited permit must notify an inspector at least 48 hours in advance of the desired interstate movement.


7 CFR 301; Requirements for Moving Soil Samples to an Approved Laboratory for Testing (Phone Call to Local PPQ Office); (State, Business)

(previously Interstate Movement of Regulated Articles from Quarantined Areas (Phone Call)


Any regulated article may be moved interstate from a quarantined area into or through an area that is not quarantined only if moved under certain conditions. Criteria that laboratories must meet to become approved to process, test, or analyze soil, and the list of currently approved laboratories, may be obtained from the APHIS, PPQ.


7 CFR 301; Cancellation of a Certificate, Limited Permit, or Compliance Agreement; (Business)

(previously Cancellation of a Certificate, Limited Permit, or Compliance Agreement)


Any certificate, limited permit, or compliance agreement may be cancelled, either orally or in writing, by an inspector when the inspector finds that the person who has entered into the compliance agreement has failed to comply with APHIS regulations. If the cancellation is oral, the cancellation and the reasons for the cancellation will be confirmed in writing as promptly as circumstances allow.


7 CFR 301; Written Appeal of Suspended Certificate for Imported Fire Ant Detection, Control, Exclusion, and Enforcement Program; (Business)

(previously Imported Fire Ant Detection, Control, Exclusion, and Enforcement Program (Written Appeal))


Any person whose issuance of certificates has been suspended may appeal the decision, in writing within 10 days after receiving the written suspension notice. The appeal letter must state all of the facts and reasons concerning why the certificate should not be withdrawn. The nursery owner must maintain records of the nursery's surveys and treatments for the IFA. These records must be made available to State and Federal inspectors upon request.


7 CFR 301; Written Warning of Imported Fire Ant Violation; (State)

(previously Imported Fire Ant Detection, Control, Exclusion, and Enforcement Program (Written Warning))


Any person whose issuance of certificates has been suspended may appeal the decision, in writing, within 10 days after receiving the written suspension notice. The nursery owner must maintain records of the nursery's surveys and treatments for the IFA. These records must be made available to State and Federal inspectors upon request.





7 CFR 301; Notice of Process for Issuance and Cancellation of Certificates; (State, Business)

(previously Issuance and Cancellation of Certificates [and Limited Permits])


An inspector may issue a certificate for the interstate movement of regulated articles, associated articles, or non-host nursery stock from a quarantined area if the inspector determines cause.


7 CFR 301; Notice of Requirements for Treatment (Soil, Greenery, Debarking); (State, Business)

(previously Treatments (Soil, Greenery, Debarking)


Reserved section for soil, greenery, debarking burden.


7 CFR 301; Process for Requesting Appeal of Decision to Cancel/Withdraw Compliance Agreements, Certificates, Limited Permits; (Business)

(previously Compliance Agreement and Cancellation, et al.)


Any person whose certificate or permit has been withdrawn may appeal the decision, in writing, to the Administrator within 10 days after receiving the written notification of the withdrawal. The appeal letter must state all of the facts and reasons concerning why the certificate or permit should not be withdrawn.


7 CFR 301; Submission of Test Plant List and Evaluation for Biological Control Program;

(State, Business); NEW


All requests made to evaluate potential biocontrol agents must be accompanied by a list of plants that will be used to determine the effectiveness of prospective biocontrol agent efficacy.


7 CFR 301; Petition to Release Biological Agent; (State, Business); NEW


Prospective biocontrol agents may not be imported into the United States or released into non-native areas within the U.S. without first completing a petition to release biocontrol agents.


7 CFR 301; Application to Move Live Plant Pests or Noxious Weeds (PPQ 526); (State, Business); NEW


Live plant pests and noxious weeds may not be imported into the United States, nor moved interstate without first applying for and obtaining a permit from USDA.


7 CFR 301; Biological Control Work Plan; (State, Business); NEW


Applicants that desire to pursue biocontrol research that involves the importation and/or distribution of non-native or exotic insects, plants, and/or pathogens, must complete a Biological Control Work Plan that describes the nature and intent of their work. Work plans must include and acknowledge that the applicant must request and be granted 1) Application to Move Live Plant Pests or Noxious Weeds, 2) must include a Test Plant List and Evaluation for Biological Control Program, 3) Petition to Release Biological Agent.

7 CFR 301; Cooperative Agreement; (State, Business); NEW


Applicants that request, and are granted, funding and other support to conduct research on behalf of USDA must enter into a Cooperative Agreement. The Cooperative Agreement stipulates the conditions that resources will be provided and include information about the type and frequency of reporting, required recordkeeping, permitting and approval processes, beginning and ending dates of the project, program, or other appropriate cooperative initiative.


7 CFR 301; Special Needs Request to Impose More Restrictive Regulatory Controls on Interstate Movement of Articles Regulated by USDA; (State); NEW


States requesting to impose regulatory controls on the interstate of pest and articles regulated by USDA must submit a letter to the USDA APHIS Administrator that clearly explains why restrictive controls are needed in order to protect agricultural product systems or the environment with their state. Requests shall specify the agricultural/environmental systems requiring additional mitigating measures and state why they believe that mitigating measures imposed by USDA are not sufficient prior to imposing additional restrictions.


7 CFR 301; Request for Property Access to Inspect, Confirm Presence, Treat, or Control Regulated Plant Pests and/or Regulated Articles; (Individual); NEW


USDA employees conduct surveys for the presence of exotic plant pests and disease in order to evaluate infestation levels and/or delimit areas where pests are present. USDA often requests access to private, public, and government controlled properties during pest survey, delimitation, mitigation, and eradication programs to mitigate damage to U.S. agricultural production systems. Upon detection of an exotic plant pest of federal regulatory concern USDA will request permission from landowners to access properties using forms.


7 CFR 301; Recordkeeping Requirements: Aircraft Treatment Records; (Business)

(previously Treatment Records)


Aircraft treatment records must be maintained by the applicator completing or supervising the treatment for a period of 2 years. These records must be provided upon request for review by an inspection. Treatment records shall include the pesticide used, the date of application, the location where the pesticide was applied (airport and aircraft), the amount of pesticide applied, and the name of the applicator.


7 CFR 301; Recordkeeping for Imported Fire Ant Enforcement Program; (Business)

(Previously Imported Fire Ant Detection, Control, Exclusion, and Enforcement Program (Enforcement Recordkeeping))


Nursery owners must maintain records of the nursery's surveys and treatments for the IFA. These records must be made available to State and Federal inspectors upon request.

7 CFR 301; Recordkeeping Under Compliance Agreements for P. Ramorum; (State, Business)

(previously Attachment and Disposition of Certificates and Recordkeeping)


All nurseries that are operating under compliance agreements must maintain records of all incoming shipments of plants for a minimum of 24 months and must make them available to inspectors upon request. In addition, all nurseries that are operating under compliance agreements, except retail dealers, must maintain records of outgoing shipments for a minimum of 24 months and must make them available to inspectors upon request.


These documents are reviewed by Federal, State, and sometimes County regulatory officials. The information is used to determine areas of risk so that trapping and other types of pest surveys can be planned and conducted. These surveys provide information on the effectiveness of quarantines and provide an early notice when the quarantine pest becomes established in a previously noninfested area.



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 Forms 518, 523, 530, 540 are controlled documents initiated by Federal or authorized agents.


PPQ Forms 519 and 526 are fillable PDF and posted on the APHIS public forms website.


PPQ Forms 527 and 537 are pressure sensitive labels.


PPQ Form 543 is a low usage form and not practicable for automation.



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.


APHIS is the only federal agency responsible for preventing the incursion or interstate spread of plant pests, diseases, and noxious weeds. The information APHIS is collecting is its only source for the information and is not being collected through other forms or reports.






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


APHIS estimates that 90% of the business respondents are small entities. The information APHIS collects is the minimum needed to protect growers nationwide from the interstate spread of plant pests and diseases.



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 collected it less frequently, the effectiveness of the domestic quarantine program would be severely compromised, likely resulting in the interstate spread of a number of destructive agricultural pests causing severe economic damage to American agriculture.



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.


requiring respondents to report informa­tion to the agency more often than quarterly;requiring respondents to report informa­tion to the agency more often than quarterly;

Daily Log
For purposes of security, facility operators must maintain a daily log to record the entry and exit of all persons entering and leaving the facility while quarantine is in progress.  

requiring respondents to prepare a written response to a collection of infor­ma­tion in fewer than 30 days after receipt of it;

Licensees and permittees must immediately, but no later than 2 days, send stop distribution and sale notices to any jobbers, wholesalers, dealers, foreign consignees, or other persons known to have any such veterinary biological product in their possession, which instruct them to stop the preparations, distribution, sale, barter, exchange, shipment, or importation of any such veterinary biological product.  All notification shall be documented in writing by the licensee or permittee.

Shipments of live VHS-regulated fish must be presented for inspection at a port of entry.  For live fish entering through certain limited ports listed in APHIS’ regulations, the importer must notify the APHIS port veterinarian at least 72-hours in advance of the arrival in the United States of the shipment.  This notification is necessary to ensure APHIS is prepared for the arrival of the shipment at the port of entry, to ensure that inspectors and facilities are available for inspection in the United States, and to contact appropriate persons if any questions arise concerning the importation.  This prior notification to the port veterinarian may be made via phone, fax, or e-mail.

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;

Testing records to support an aquaculture facility's claim of disease freedom from VHS virus must be maintained for a maximum of 4 years.  This recordkeeping will provide APHIS with historical documentation to determine the risk of spreading VHS from a given facility.  

APHIS is requiring herd owners to maintain their herd records for as long as the herd remains in the CWD program.  This time varies from herd to herd.

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.

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;


Notification of unscheduled commercial flights and of all military flights must be given at least 1 hour before departure to the appropriate person in the destination airport of any of the States listed in the JB regulations.


Any person whose certificate or permit has been withdrawn may appeal the decision, in writing, to the Administrator within 10 days after receiving the written notification of the withdrawal. The appeal letter must state all of the facts and reasons concerning why the certificate or permit should not be withdrawn.


Persons who desire to move interstate a regulated article which must be accompanied by a certificate or permit shall, at least 7 days before the desired movement, request an inspector to examine the article prior to movement. Persons who desire to move interstate an outdoor household article accompanied by a certificate issued in accordance with §301.45–5 shall, at least 14 days before the desired movement, request an inspector to examine the article prior to movement.


Any person whose certificate, limited permit, or compliance agreement has been canceled may appeal the decision, in writing, within 10 days after receiving the written cancellation notice.


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.


There are no other special circumstances associated with this information collection.



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.


USDA conducted phone interviews with the following individuals to determine if stakeholders were generally satisfied with the manner in which the agency collects and protects data gathered from external stakeholders and the American public. They were asked to share opinions and suggestions related to the frequency of requests for information and data, clarity and instructions for providing data, information protection practices, and relevance of data types collected. They were also asked an open ended question about suggestions or concerns they may have that were not covered in the formal questions.


Overall, they shared a general satisfaction with the agency’s information collection and handling processes and said they believed like types of data collected were best as they were often developed and agreed upon collaboratively. One participant identified a need to improve upon messaging/clarity of information collected when requests for information were time sensitive, or dealt with protected information. The stakeholder acknowledged the agency’s responsibility to safeguard PII and industry/tradecraft.


Harvey A. Noah (Rusty), FCCM

Assistant Bureau Chief, Pest Eradication & Control

Florida Department of Agriculture and Consumer Services

Building 8A

13603 Old Cutler Road

Miami, FL 33158

239-707-1989


Steven H. Long

Assistant Director, Regulatory & Public Service Programs

Department of Plant Industry

Clemson University

511 Westinghouse Road

Pendleton, SC 29670

864-646-2135


Julie Van Meter, National Plant Board President,

Bureau of Plant Industry

Nebraska Department of Agriculture

PO Box 94756

Lincoln, NE 68509

402-471-6847


On Friday, November 1, 2019, APHIS published in the Federal Register (84 FR 58677),

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 stature, regulation, or agency policy.


No additional assurance of confidentiality 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 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 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 71.


  • 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 the respondents to be $17,270,500. It arrived at this figure by multiplying the total burden hours (345,950) by the respondents’ estimated average hourly wage ($33.94), and then multiplying the result by 1.4706 to capture benefit costs.


This estimated average hourly rate was derived from the wages for government agricultural officials ($38.43), agricultural managers ($38.43), and the general public ($24.98) as listed in the U.S. Department of Labor, Bureau of Labor Statistics May 2018 Report - Occupational Employment and Wages in the United States. According to DOL BLS news release USDL-18-1499, dated September 18, 2018, benefits account for 32% of employee costs, and wages account for the remaining 68%. Mathematically, total costs can be calculated as a function of wages using a multiplier of 1.4706.



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.


There is zero annual cost burden associated with capital and start-up, operation and maintenance, 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 expense that would not have been incurred without this collection of information.


See APHIS 79. The estimated cost to the Federal Government is $4,090,660.



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

1,723,768

0

2,855

80,020

0

1,640,893

Annual Time Burden (Hr)

345,950

0

2,273

(168,814)

0

512,491


This information collection request includes 12,861 respondents, and an increase of 82,875 responses and decrease of 166,541 burden hours from the previous information collection request submission. This request lists 39 activities.


Estimate Adjustments


32 of the activities had their number of respondents, number of responses, or estimated response times adjusted. This resulted in 80,020 additional responses but a decrease of 168,814 burden hours.


Estimated response times were adjusted to three decimal places. This resulted in reduced burden hours for 10 activities. Response time estimate for 7 other activities were reviewed and reduced contributing to an overall reduction of burden hours.


The number of estimated State respondents was overreported in previous submissions and adjusted from a high of 6,231 to 50 in this request. In other instances where the estimated number of other respondents or responses were also reduced, it was because the previously reported figures were overestimated or reporting incidents are fewer due to less incidents, changes in program delivery, or reduced reporting requirements. Adjustments to both respondent and response estimates for Compliance Agreements (State) resulted in a reduction of 135,618 hours of burden.


A review of recordkeeping requirements also revealed previous figures were under or overreported depending on the respondent, and the estimated number of respondents and response times were adjusted. In one activity, Recordkeeping Under Compliance Agreements for P. Ramorum, the total burden hours for State respondents decreased by 121,959 hours, but the total for Business respondents increased by 182,307 hours.


Discretionary Changes


7 activities are new. They added 3,400 responses and 485 hours of burden.


11 activities that were variants of those reported in this request were previously listed as placeholders as they had no activity during the previous reporting period. Because there is still no activity or the burden is now reported as an estimate adjustment in a similar activity, these redundant activities have been removed, reducing the responses and burden hours by 11 each.


A calculation error on the previous APHIS 71 overreported 534 responses and underreported 1,799 hours of burden.


See “0579-0088 2020 Summary of ICR Changes.xls” for a side by side comparison of responses and burden hours for the activities reported in 2017 with those in this submission.


Discretionary Changes


7 activities are new. They added 3,400 responses and 485 hours of burden.


11 activities that were variants of those reported in this request were previously listed as placeholders as they had no activity during the previous reporting period. Because there is still no activity or the burden is now reported as an estimate adjustment in a similar activity, these redundant activities have been removed, reducing the responses and burden hours by 11 each.


A calculation error on the previous APHIS 71 overreported 534 responses and underreported 1,799 hours of burden.


See “0579-0088 2020 Summary of ICR Changes.xls” for a side by side comparison of responses and burden hours for the activities reported in 2017 with those in this submission.





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 collection, explain the reasons that display would be inappropriate.


The following instruments are currently used in multiple information collection requests – PPQ 519 (15), PPQ 523 (10), PPQ 526 (2), PPQ 530 (9), and PPQ 540 (7). It would be impractical to add an ICR expiration date to the forms.


PPQ 527 and PPQ 537 are small labels. There is no room on them to add an OMB banner. It would be impractical to add an ICR expiration date to them.


PPQ 518 and PPQ 543 are currently printed. The PPQ 518 is also available in fillable PDF format. It would be impractical to add an ICR expiration date to the forms as it would render the paper stocks obsolete at the next ICR renewal.


APHIS requests the ICR expiration date not be displayed on the other forms in this information collection request. Expiration dates make unused paper stocks obsolete every three years, and their destruction would be wasteful. Users unfamiliar with the forms or programs often confuse the ICR expiration date for the form version date. Forms generated by information systems cannot be revised in a timely manner as such projects are not cost effective every three years. All of these problems compound when the agency attempts to manage three formats (print, PDF-F, and IS) of a form at the same time. Finally, posting ICR expiration dates makes form file management very difficult, as the number of production files double from 2 to 4 to possibly 8 when accounting for previous and new files with updated ICR banners; the problem compounds when updating a series of forms in a single information collection request, or in other information collection requests.



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


APHIS certifies compliance with all the provisions under the Act.



B. Collections of Information Employing Statistical Methods.

Statistical methods are not used in this information collection.



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