Lacey Act Declaration Requirement; Plants and Plant Products

Forms and Documents

Document Name	Status
Form PPQ 505 Businesses Form and Instruction	Modified
0349 2022 SS (20220329).docx Supporting Statement A	2022-03-30
0349 2022 APHIS 79 (20220329).xlsx Supplementary Document	2022-03-30
0349 2022 APHIS 71 (20220329).xlsx Supplementary Document	2022-03-30

IC Document Collections

IC ID	Document Title	Status
187227	Businesses Form and Instruction	Modified

ICR Details

OMB Control No: 0579-0349	ICR Reference No: 202105-0579-002
Status: Received in OIRA	Previous ICR Reference No: 202004-0579-002
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	Date Submitted to OIRA: 04/05/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	04/30/2022
Responses	986,854	703,189
Time Burden (Hours)	481,778	338,990
Cost Burden (Dollars)	0	0

---

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.

---

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

---

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

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 23342	05/03/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 19661	04/05/2022
Did the Agency receive public comments on this ICR? No

---

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

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

---

ICR Summary of Burden

	Total Request	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	986,854	703,189	0	283,665	0	0
Annual Time Burden (Hours)	481,778	338,990	0	142,788	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This request for renewal is for 986,854 estimated responses and 481,778 estimated burden hours, reflecting increases of 283,665 estimated responses and 142,788 hours of estimated burden from the previous renewal request. Discretionary program changes resulted in an increase of 283,664 estimated responses and 142,788 estimated hours of burden. The increases in the estimated responses and estimated burden hours are due to APHIS adding new products to the enforcement schedule that require a declaration, and more accurately reflects the number of respondents who will respond and responses to this collection. The reporting time for the activity Importer/Stakeholders Letters of Inquiry has an increase of 1 estimated response and a decrease of .5 estimated hour per response, reducing the reporting time for this activity. This reduction is because this activity only needs to be performed by the respondent if an update or correction of the information originally provided has changed since they first filed PPQ Form 505.

---

Annual Cost to Federal Government: $33,332,302

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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? No

---

Common Form ICR:  No

---

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: 04/05/2022

---