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).
table that charts list comparision
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 CBPâs nonroad imports regulations with CBPâs 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 CPBâs 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 CBPâs 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