In accordance
with 5 CFR 1320, the information collection is approved for six
months with the following additional terms of clearance. Prior to
the resubmission of the collection, (1) EPA will review information
obtained through an on-going International Trade Data System (ITDS)
pilot program and the Cargo Time Release Study regarding the
utility of continuing this information collection and any potential
burden reducing initiatives that may be undertaken to streamline
these requirements. (2) In addition, the agency will review the
current burden estimates associated with the information collection
to accurately assess the burden estimate including the number of
respondents, burden hours, and costs associated with the
collection. The burden estimate should take into account the time
and cost expended by persons to generate, maintain, retain,
disclose or provide information to or for a Federal agency
consistent with 1320.3(b)(1).
Inventory as of this Action
Requested
Previously Approved
02/28/2017
6 Months From Approved
12,001
0
0
6,029
0
0
38,002
0
0
This ICR covers the burden associated
with EPA Form 3520-21, a declaration form for importers of nonroad
vehicles or engines into the United States, which identifies the
regulated category of engine or vehicle and the regulatory
provisions under which the importation is taking place. In
addition, this ICR covers the possible burden of EPA Form 3520-8 if
it comes to be used to request final importation clearance for
Independent Commercial Importers of nonroad Compression Ignition
engines, who would have to bring the engines into compliance and
provide test results, comparable to the use of Form 3520-8 for
on-road vehicles and engines as covered by OMB 2060-0095. The
information is used by Agency enforcement personnel to verify that
all nonroad vehicles and engines subject to Federal emission
requirements have been declared upon entry or that the category of
exclusion or exemption from emissions requirements has been
identified in the declaration. The information is also used to
identify and prosecute violators of the regulations and to monitor
the program in achieving the objectives of the regulations. The
Forms are required before making customs entry; see 19 CFR 12.73
and 12.74.
This ICR was previously
approved by OMB and expired on April 30May 31, 2016. EPA is
requesting an emergency reinstatement of this ICR for two reasons.
First, EPA is requesting this emergency reinstatement to align with
rulemaking efforts being undertaken by U.S. Customs and Border
Protection (CBP) to implement ACE which directly impacts the
information being collected in this ICR. EPA has been working with
CBP to implement the ACE system described above and determined that
changes to the CBP regulations covering both onroad and nonroad
vehicle and engine importations would be needed to accommodate
electronic ACE filing of the current paper forms. In addition to
the changes needed to accommodate electronic filing, CBP and EPA
are also taking the opportunity to propose additional changes to
the CBP regulations which have not been updated or amended since
1987. Therefore, the forthcoming NPRM will also propose to delete
obsolete provisions and update other provisions to align various
aspects of CBP’s nonroad imports regulations with CBP’s onroad
imports regulations. Specifically, the NPRM is proposing to make it
required that the EPA Declaration Form 3520-21 covered by this ICR
be prepared and submitted to CBP by importers at the time of
importation. Currently, importers are only required to fill out the
form and retain it for their records and to make it available upon
request to CBP and/EPA. This proposed change will make it
consistent with the CBP submission requirements for the
corresponding EPA Declaration Form 3520-1 for onroad imports (OMB
Control Number 2060-0095, which expires on December 31, 2016 who
are required to fill in and submit the form to CPB at the time of
importation. EPA has prepared a new and consolidated ICR that will
cover both the onroad and nonroad imports program and reflects
electronic ACE filings and the changes described above for the
nonroad imports program. EPA has long planned to submit this new
consolidated ICR to coincide with the publication of CPB’s NPRM
which EPA expected to be published earlier this year. However, the
NPRM has not yet been issued by CBP and EPA overlooked the
expiration date of this ICR. Second, EPA is requesting this
emergency reinstatement to support CBP’s current pilot efforts to
test the new ACE system. The pilots that test ACE for nonroad
engines are limited to nine or fewer importers each because the
pilots were written to collect the data in the proposed rule
revisions, not all of which is covered by an existing ICR. See,
e.g., 81 Fed Reg. 13399 (March 14, 2016). In order to robustly test
the data collection in ITDS for these commodities, and ensure that
ACE is fully operational and able to meet the demand of full Trade
participation by December 31, 2016, EPA and CBP need to increase
participation in these two pilots beyond nine importers each.
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:
(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;
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.
Form 3520-21 Form 3520-21, Businesses
1723ss08 - 8_5_2016.docx
Form 3520-21, Businesses