Supporting
Statement
for
Information
Collection
Request
Information
Requirements
for
Importation
of
Nonconforming
Marine
Engines
OMB
2060­
0320
EPA
ICR
1723.04
DRAFT
June
2004
Certification
and
Compliance
Division
Office
of
Transportation
and
Air
Quality
Office
of
Air
and
Radiation
U.
S.
Environmental
Protection
Agency
­
2­
PART
A
SUBMISSION
SECTION
1.
IDENTIFICATION
OF
THE
INFORMATION
COLLECTION
(
a)
TITLE
OF
THE
INFORMATION
COLLECTION
Information
Requirements
for
Importation
of
Nonconforming
Marine
Engines,
OMB
#
2060­
0320
(
b)
SHORT
CHARACTERIZATION
(
ABSTRACT)

The
Clean
Air
Act
requires
that
motor
vehicles
and
motor
vehicle
engines
imported
into
the
U.
S.
conform
with
applicable
emission
requirements.
The
Clean
Air
Act
Amendments
of
1990
extended
these
requirements
to
nonroad
engines.
This
Information
Collection
Request
(
ICR)
includes
outboard
marine
engines,
personal
watercraft,
and
compression
ignition
engines
used
in
marine
applications
(
all
referred
to
as
marine
engines).

EPA's
Office
of
Transportation
and
Air
Quality
collects
information
and
requires
some
recordkeeping
to
help
ensure
that
nonconforming
engines
are
brought
into
compliance
with
Federal
emission
requirements,
unless
eligible
for
exemption
or
exclusion.
Also,
the
information
is
used
by
the
U.
S.
Customs
Service
(
Customs),
State
regulatory
agencies,
businesses,
and
individuals
to
verify
whether
or
not
engines
are
in
compliance.

Information
collected
includes
identification
data
and
U.
S.
Customs
entry
statements
that
such
information
is
correct.
The
information
is
either
stored
in
a
computer
database,
or
retained
in
document
form.
The
information
is
used
to
monitor
compliance
of
imports
and
respond
to
inquiries
from
the
public
concerning
the
compliance
status
of
specific
imported
engines.

a)
EPA
Form
3520­
28.
This
form
is
used
by
importers
who
are
applying
for
entry
of
marine
engines.
A
simplified
variant
of
this
form,
3520­
28a,
may
be
completed
by
individuals
importing
outboard
engines
or
personal
watercraft
for
their
own
use.
Form
3520­
28
is
a
new
form
created
to
facilitate
the
collection
of
information
that
was
originally
included
in
form
3520­
21,
which
is
approved
under
OMB
#
2060­
0294.

b)
EPA
Form
3520­
14.
This
form
is
used
by
importers
wishing
to
make
application
to
EPA
for
prior
written
approval
in
order
to
obtain
an
exemption
or
exclusion
from
bringing
engines
into
compliance
with
Federal
emission
standards.
This
form
was
designed
by
EPA
to
give
importers
a
guide
as
to
what
information
they
should
submit
and
what
exemption
or
exclusion
they
might
be
eligible
for.
Form
3520­
14
is
also
approved
under
OMB
#
2060­
0095
and
2060­
0294.

The
information
collection
will
involve
1,000
respondents
at
a
cost
of
$
77,500
dollars.

2.
NEED
FOR
AND
USE
OF
THE
COLLECTION
­
3­
(
a)
NEED/
AUTHORITY
FOR
THE
COLLECTION
Joint
EPA
and
Customs
regulations
at
40
CFR
91.701
et
seq.
and
19
CFR
12.74
promulgated
under
the
authority
under
the
Clean
Air
Act
(
Sections
203,
208
and
213)
give
authority
for
the
collection
of
information.
The
collection
of
this
information
helps
ensure
the
compliance
of
nonconforming
engines
with
Federal
emissions
requirements
which
helps
meet
the
Agency
goal
of
reducing
air
pollution.
Without
this
information,
EPA
could
not
confirm
that
engines
being
entered
conform
to
the
emission
requirements
and
consequently,
would
not
be
able
to
allow
entry
of
these
engines.

(
b)
USE/
USERS
OF
THE
DATA
EPA's
Office
of
Transportation
and
Air
Quality
receives
the
information
either
directly
from
the
importers
or
indirectly
from
the
importers
through
Customs.
The
information
is
used
by
Agency
enforcement
personnel
to
verify
that
all
Federal
emission
requirements
concerning
imported
nonconforming
engines
are
met.
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.

3.
NONDUPLICATION,
CONSULTATIONS,
AND
OTHER
COLLECTION
CRITERIA
(
a)
NONDUPLICATION
A
search
of
the
Government
Information
Locator
System
(
GILS)
found
no
other
program
or
agency
collecting
this
information.
Because
much
of
the
information
is
so
highly
specific
to
the
EPA
Imports
Program,
the
information
would
not
be
duplicated
by
other
programs.

(
b)
PUBLIC
NOTICE
A
Federal
Register
notice
has
been
published,
soliciting
public
comment
for
this
ICR.

(
c)
CONSULTATIONS
Consultations
were
made
with
engine
manufacturers
to
discuss
form
revisions
and
to
obtain
accurate
burden
and
cost
estimates.
The
following
manufacturers
provided
estimates:

Mercury
Marine.
Rep:
Susan
Bucheger
Phone:
(
920)
929­
4978
Yamaha
Motor
Corporation,
U.
S.
A.
Rep:
Thomas
Pugh
Phone:
(
714)
761­
7807
­
4­
And
the
format
and
content
of
form
3520­
28
was
extensively
discussed
with
the
following
industry
representative.

Dawn
Friest
Engine
Manufacturers
Association
Two
North
LaSalle
Street
Chicago,
IL
60602
Phone:
(
312)
827­
8700
(
d)
EFFECTS
OF
LESS
FREQUENT
COLLECTION
Since
reporting
is
done
only
at
the
time
of
entry
and
compliance,
the
effects
of
less
frequent
collection
would
be
to
seriously
undermine
the
Agency's
ability
to
whether
engines
being
imported
meet
applicable
emission
requirements.
Consequently,
the
Agency
would
not
be
able
to
allow
entry
of
engines
being
imported.
Therefore,
less
frequent
collection
is
not
feasible.

(
e)
GENERAL
GUIDELINES
This
ICR
complies
with
all
of
OMB's
guidelines,
except
that
importers
will
be
required
to
notify
EPA
when
importing
marine
engines
and
this
may
for
some
importers
result
in
reporting
more
often
than
quarterly.
Because
such
reports
are
necessary
to
verify
compliance
with
federal
emission
requirements
at
the
time
of
entry,
if
EPA
limited
required
reports
to
quarterly,
either
importers
would
only
be
able
to
import
on
a
quarterly
basis,
or
EPA
would
have
to
forego
verification
of
compliance.

(
f)
CONFIDENTIALITY
Any
information
submitted
to
the
Agency
for
which
a
claim
of
confidentiality
is
made
will
be
safeguarded
according
to
policies
set
forth
in
Title
40,
Chapter
1,
Part
2,
Subpart
B
­
Confidentiality
of
Business
Information
(
see
CFR
2).
The
public
is
not
permitted
access
to
information
containing
personal
or
organizational
identifiers.
This
collection
complies
with
the
Privacy
Act
of
1974
and
OMB
Circular
A­
130.

(
g)
SENSITIVE
QUESTIONS
There
are
no
sensitive
questions
asked.

4.
THE
RESPONDENTS
AND
THE
INFORMATION
REQUESTED
(
a)
RESPONDENTS/
SIC
CODES
EPA's
Office
of
Transportation
and
Air
Quality
collects
information
from
individual
importers
and
both
small
and
large
companies
who
import,
or
import
and
manufacture
marine
engines.
The
SIC
codes
for
the
respondents
are
3731,
3732,
3799,
5088,
and
5551.
­
5­
(
b)
INFORMATION
REQUESTED
(
i)
Data
Items
The
data
requested
in
reports
include:

­
engine
identification
number
­
engine
make
­
engine
model
­
model
year
of
the
engine
­
port
of
entry
­
date
of
entry
­
entry
number
­
importer
name,
address
and
telephone
number
­
owner
name,
address,
telephone
number
and
SSN
or
EIN
­
justification
for
an
exclusion
or
exemption,
if
applicable
(
ii)
Respondent
Activities
To
complete
the
collection,
the
respondent
would:

­
read
form
instructions
­
collect
data
and
complete
forms
INFORMATION
REQUIREMENTS
FOR
IMPORTATION
OF
NONCONFORMING
MARINE
ENGINES
40
CFR
PART
91
SUBPART
H
INFORMATION
REQUIREMENTS
CITATION
Notification
of
Conditional
Admission
91.703
(
b)

Request
for
Prior
Approval
91.704
­
6­
INFORMATION
REQUIREMENTS
FOR
IMPORTATION
OF
NONCONFORMING
NON­
PROPULSION
CI
ENGINES
40
CFR
PART
89
SUBPART
G
INFORMATION
REQUIREMENTS
CITATION
Notification
of
Conditional
Admission
89.604(
a)

Request
for
Prior
Approval
89.611
5.
THE
INFORMATION
COLLECTED­­
AGENCY
ACTIVITIES,
COLLECTION
METHODOLOGY,
AND
INFORMATION
MANAGEMENT
(
a)
AGENCY
ACTIVITIES
EPA's
Office
of
Transportation
and
Air
Quality
receives
the
information
as
required
from
Customs,
individuals
and
businesses.
After
receiving
the
information,
EPA
uses
the
information
to
determine
whether
engines
meet
EPA
requirements
and
retains
the
information
in
order
to
respond
to
public,
State
government,
and
Federal
government
inquires.

(
b)
COLLECTION
METHODOLOGY
AND
MANAGEMENT
Both
Customs
and
EPA's
Office
of
Transportation
and
Air
Quality
use
the
information
to
determine
if
engines
meet
EPA
requirements.
EPA's
Office
of
Transportation
and
Air
Quality
retains
the
information
in
a
computer
database
or
document
form
in
order
to
respond
to
public,
State
government,
and
Federal
government
inquires,
which
are
handled
by
EPA's
Office
of
Transportation
and
Air
Quality
staff.

(
c)
SMALL
ENTITY
FLEXIBILITY
Small
entities
which
are
required
to
submit
certain
information
to
EPA
have
been
providing
information
to
EPA
by
completing
and
submitting
EPA
forms.
EPA
endeavors
to
the
maximum
extent
feasible,
to
allow
small
entities
to
submit
the
data
electronically.

(
d)
COLLECTION
SCHEDULE
The
information
is
not
subject
to
a
collection
schedule,
but
is
collected
at
the
time
of
engine
entry.
­
7­
6.
ESTIMATING
THE
BURDEN
AND
COST
OF
THE
COLLECTION
6(
a)
ESTIMATING
RESPONDENT
BURDEN
Marine
engines
Reporting
Burden
Burden
Est.
Est.
#
of
Est.
of
forms/
yr
Burden
(
hrs)
a)
Form
3520­
28/
28a
.5
3,000
1,500
c)
Form
3520­
14
.5
100
50
1,550
Reporting
burden
is
based
on
consultations
with
nonroad
manufacturers.
Reporting
for
form
3520­
28
is
ordinarily
accomplished
through
purchase
of
services
from
a
broker
who
completes
a
package
of
importation
forms
(
including
those
of
other
agencies)
and
files
them
with
Customs.
The
stated
reporting
burden
incorporates
a
negligible
recordkeeping
burden
for
broker
form
retention
indistinguishable
from
overall
broker
activities.
Total
annual
burden
for
this
collection
is
estimated
at
1,550
hours.

6(
b)
ESTIMATING
RESPONDENT
COST
Marine
engines
Costs:
Estimated
Capital/
Units
Labor
Start­
up
O&
M
Reporting
3,100
forms
$
77,500
@$
25
per
form
(
i)
Labor
Costs
Forms
are
ordinarily
submitted
through
purchase
of
services
from
brokers
who
complete
forms
and
file
them
with
Customs.
Estimated
labor
costs
for
this
ICR
are
therefore
zero.

(
ii)
Capital/
Start­
up
Costs
Forms
are
ordinarily
submitted
through
purchase
of
services
from
brokers
who
complete
forms
and
file
them
with
Customs.
Estimated
capital/
start­
up
costs
for
this
ICR
are
therefore
zero.

(
iii)
Operations
and
Maintenance
Costs
Operations
and
maintenance
costs
were
calculated
based
on
an
average
of
responses
received
­
8­
from
the
nonroad
manufacturers
contacted.
The
operations
and
maintenance
cost
for
reporting
ordinarily
involves
a
purchase
of
services
from
brokers
who
complete
a
package
of
importation
forms
(
including
those
of
other
agencies)
and
file
them
with
Customs.
This
cost
is
estimated
as
a
component
of
overall
broker
activities
to
import
an
engine,
and
incorporates
a
negligible
recordkeeping
cost
for
broker
form
retention
indistinguishable
from
overall
broker
activities.
Estimated
operations
and
maintenance
costs
total
$
77,500
for
activities
covered
by
this
ICR.

6(
c)
ESTIMATING
AGENCY
BURDEN
AND
COST
The
Imports
program
is
administered
by
EPA's
Office
of
Transportation
and
Air
Quality.
Four
Full
Time
Equivalent
employees
and
three
Senior
Environmental
Employment
Program
employees
are
allocated
to
all
Imports
activities,
at
an
estimated
total
agency
cost
of
$
630,000
per
year,
including
110%
overhead.

6(
d)
REASONS
FOR
CHANGE
IN
BURDEN
No
change
in
burden
resulted
from
clarifying
requirements
and
the
types
of
engines
to
be
declared
on
the
form.

6(
e)
BURDEN
STATEMENT
Public
reporting
burden
for
this
collection
is
estimated
to
average
30
minutes
per
response.
Burden
means
the
total
time,
effort,
or
financial
resources
expended
by
persons
to
generate,
maintain,
retain,
or
disclose
or
provide
information
to
or
for
a
Federal
agency.
This
includes
the
time
needed
to
review
instructions;
develop,
acquire,
install,
and
utilize
technology
and
systems
for
the
purposes
of
collecting,
validating,
and
verifying
information,
processing
and
maintaining
information,
and
disclosing
and
providing
information;
adjust
the
existing
ways
to
comply
with
any
previously
applicable
instructions
and
requirements;
train
personnel
to
be
able
to
respond
to
a
collection
of
information;
search
data
sources;
complete
and
review
the
collection
of
information;
and
transmit
or
otherwise
disclose
the
information.
An
agency
may
not
conduct
or
sponsor,
and
a
person
is
not
required
to
respond
to,
a
collection
of
information
unless
it
displays
a
currently
valid
OMB
control
number.
The
OMB
control
numbers
for
EPA's
regulations
are
listed
in
40
CFR
Part
9
and
48
CFR
Chapter
15.

Send
comments
on
the
Agency's
need
for
this
information,
the
accuracy
of
the
provided
burden
estimates,
and
any
suggested
methods
for
minimizing
respondent
burden,
including
through
the
use
of
automated
collection
techniques
to
the
Director,
OEI
Collection
Strategies
Division,
U.
S.
Environmental
Protection
Agency
(
2822),
1200
Pennsylvania
Ave.,
N.
W.,
Washington,
DC
20460;
and
to
the
Office
of
Information
and
Regulatory
Affairs,
Office
of
Management
and
Budget,
725
17th
Street,
NW,
Washington,
DC
20503,
Attention:
Desk
Officer
for
EPA.
Include
the
EPA
ICR
number
and
OMB
control
number
in
any
correspondence.
