Supporting Statement for Information Collection Request Emissions Certification and Compliance Requirements for Nonroad Spark ignition Engines ( Renewal)

42 USC 7521 § 206 42 USC 7521 § 213( d) 40 CFR Part 90 40 CFR Part 1048 40 CFR Part 1051 40 CFR Part 1065 40 CFR Part 1068 August 2004 Certification and Compliance Division Office of Transportation and Air Quality Office of Air and Radiation U. S. Environmental Protection Agency  2 1. Identification of the Information Collection 1 ( a) Title and Number of the Information Collection Emissions Certification and Compliance Requirements for Nonroad Spark ignition Engines ( Renewal); EPA ICR Number 1695.08, OMB Control Number 2060 0338.

1( b) Short Characterization This supporting statement consolidates portions of three previously existing ICRs ( EPA Numbers 1695.07, 1845.03 and 1897.05) into ICR number 1695.08). This action is undertaken to consolidate information requirements for the same industry into one ICR for simplification and to eliminate duplicity. All three ICRs cover programs and regulations for the spark ignition engine industry.

While ICR 1695.07 covered certification and Averaging, Banking and Trading provisions for spark ignition engines rated at or below 19 kilowatts, ICR 1845.03 covered compliance requirements ( Production line Testing, In use testing and Selective Enforcement Audits) for the same sector. ICR 1684.06 covered certification and compliance requirements for spark ignition engines rated at or above 19 kilowatts and spark ignition recreational vehicles. Many of the respondents to those ICRs fall into one or more of these categories.

Under Title II of the Clean Air Act ( 42 U. S. C. 7521 et seq.; CAA or the Act), EPA is charged with issuing certificates of conformity for engine prototypes that comply with applicable emission standards. Such a certificate must be issued before engines produced after these prototypes may be legally introduced into commerce. EPA regulations pertaining to spark ignition engines rated at or below 19 kilowatts ( small SI engines) are found at 40 CFR Part 90. Regulations pertaining to spark ignition engines rated above 19 kilowatts (` large SI engines') are found at 40 CFR part 1048. Throughout these documents, these two categories of engines ( small and large SI engines) are collectively referred to as ` SI engines' or simply as ` engines'. Recreational vehicle regulations are found at 40 CFR part 1051. Parts 1065 and 1068 contain testing requirements and compliance regulations that apply to all categories of engines.  3 Those manufacturers electing to participate in the AB& T Program are also required to submit information regarding the calculation, actual generation and usage of credits in an initial report, end of the year report and final report. These reports are used for certification and enforcement purposes. Manufacturers will also maintain records for eight years on the engine families included in the program.

The Act also mandates EPA to verify that manufacturers have successfully translated their certified prototypes into mass produced engines, and that these engines comply with emission standards throughout their useful lives. Under the Productionline Testing ( PLT) Program, manufacturers are required to test a sample of engines as they leave the assembly line. This selfaudit program ( referred to as the " PLT Program") allows manufacturers to monitor compliance with statistical certainty and minimize the cost of correcting errors through early detection. Through Selective Enforcement Audits ( SEAs), EPA verifies that test data submitted by engine manufacturers is reliable and testing is performed according to EPA regulations. Compliance with emission regulations throughout the useful life of an engine is verified through the In use Testing Programs ( In use) under which manufacturers test SI engines after a number of years of use. Participation in the PLT program is mandatory, however, inuse testing is voluntary for small SI engines but mandatory for large SI engines. All manufacturers are subjected to SEAs.

This information is collected by the Engine Programs Group ( EPG), Certification and Compliance Division ( CCD), Office of Transportation and Air Quality ( OTAQ), Office of Air and Radiation ( OAR), U. S. Environmental Protection Agency ( EPA). Besides CCD, this information could be used by the Office of Enforcement and Compliance ( OECA) and the Department of Justice for enforcement purposes. Non confidential portions of the information submitted to EPA could be disclosed in a public database and over the Internet. This information is used by trade associations, environmental groups, and the public. Respondents usually submit this information in an electronic format and EPG stores it in a database.

It has been estimated that a total of 106 SI engine and recreational vehicle manufacturers will respond to this collection with an approximate cost of $ 606,801.

2. Need for and Use of the Collection 2( a) Need/ Authority for the Collection  4 EPA's emission certification programs are statutorily mandated; the agency does not have discretion to cease these functions. Under Section 206( a) of the CAA ( 42 USC 7521):

" The Administrator shall test, or require to be tested in such manner as he deems appropriate, any new motor vehicle or new motor vehicle engine submitted by a manufacturer to determine whether such vehicle or engine conforms with the regulations prescribed under § 202 of this Act. If such vehicle or engine conforms to such regulations, the Administrator shall issue a certificate of conformity upon such terms, and for such period ( not in excess of one year) as he may prescribe."

This provision also applies to nonroad engines, pursuant to § 213( d) of the CAA. Also, under the authority of the CAA § 217, engine manufacturers are required to pay a fee when applying for a certificate of conformity.

Therefore, vehicle and engine manufacturers may not legally introduce their product into US commerce unless EPA has certified that their vehicles and engines comply with applicable emission standards. To ensure compliance with these statutes, EPA reviews product information and manufacturers' test results. EPA also may test some vehicles and engines to confirm manufacturers' certification testing results. Certification information collection requirements are found at 40 CFR 90, subpart B, 40 CFR 1048 subpart C and 40 CFR 1051 subpart C. Other subparts in these parts support and supplement the certification program.

EPA also conducts an Averaging, Banking, and Trading ( AB& T) Program. This program is one of many regulatory features designed to enhance the compliance flexibility for and reduce the burden on the affected engine manufacturers, without compromising the expected emissions benefit derived from these emissions standards. ( 40 CFR 90, subpart B and 40 CFR 1051 subpart H, there is no AB& T program for large SI.)

Section 206( b)( 1) of the Act authorizes EPA to inspect and require testing of new vehicles and engines to: ( 1) verify that manufacturer's final product actually complies with EPA standards; ( 2) assure that the correct parts are installed correctly in each engine; and ( 3) audit the manufacturer's testing process to ensure testing is being done correctly. The Production Line Testing Program ( PLT, codified at 40 CFR 90, subpart H, 40 CFR 1048 subpart D and 40 CFR 1051 subpart D ) and the Selective Enforcement Audit Program ( SEA, codified at 40 CFR 90, subpart F and 40 CFR 1068 Subpart E) fulfill these requirements by inspecting and testing engines taken directly from the assembly  5 line and by auditing the engine manufacturer's testing procedures and facilities.

Section 207( b) of the Acts mandates the establishment of methods and testing procedures to ascertain whether certified engines in actual use in fact comply with applicable emission standards throughout their useful lives. The In use Testing Program's ( In use) procedures for SI engines are codified at 40 CFR 90, Subparts B and M and 40 CFR 1048 subpart E. There no Inuse testing requirements at this time for recreational vehicles.

2( b) Practical Utility/ Users of the Data EPA uses the information requested to support various enforcement actions as mandated by the CAA. This information collection enables EPA to ensure that small SI engine manufacturers are complying with applicable emission regulations, measure the impact of nonroad engines' emissions on air quality, and take corrective actions as needed.

The information will be received and used by EPG/ CCD/ OTAQ/ OAR. Non confidential portions of the information submitted to EPG is available to and used by importers, environmental groups, members of the public and local, state and federal government organizations.

3. Nonduplication, Consultations and Other Collection Criteria 3( a) Nonduplication The information requested under this ICR is required by statute. Because of its specialized nature, the information collected is not available from any other source. Furthermore, some of the information, such as projected US sales volume, is claimed as confidential business information ( CBI) by manufacturers; therefore EPA can only obtain it if manufacturers submit it.

3( b) Public Notice Required Prior to ICR Submission to OMB An announcement of the public comment period for this ICR renewal was published in the Federal Register ( 69 FR 34158) on June 18, 2004. A copy of this FR notice is provided in Appendix 1. Only one comment was received and was directed to several  6 ICRs, not only to this one.

The commenter expressed concerns that engine emissions affect human health and suggested that EPA should " insist on zero emissions" for all nonroad engines.

3( c) Consultations EPA consulted less than ten past respondents regarding this information collection burden.

Contact: Mr. Joe Gulden Company: Echo, Inc. Phone: 847 540 8400 Contact: Mr. C. J. Smith Company: MDT Southwest, Inc. Phone: 480 961 1002 Contact: Mr. Larry D. Smith Jr. Company: Automotive Testing ( Laboratory) Phone: 909 390 1100 3( d) Effects of Less Frequent Collection The CAA states that emission certification must be done on a yearly basis ( CAA 206( a)( 1)), coinciding with the industry's ` model year'. Major product changes typically occur at the start of a model year. For these reasons, a collection frequency of less than a model year is not possible. However, when an engine design is " carried over" to a subsequent model year, the amount of new information required is substantially reduced.

For practical reasons, PLT reports are submitted on a quarterly basis. Manufacturers are required to test up to one percent of their production at random to ensure that mass produced engines comply with emission requirements. If a problem is found, manufacturers must correct it and might need to recall engines that have already been sold. Engine manufacturing companies update their internal production volume reports every quarter. By conducting this quality control testing also on a quarterly basis, manufacturers are able to learn about and address any problems early, before the start of the next quarter's production, thus minimizing costs.

In use testing reports must be submitted annually, within  7 three months of the completion of the required testing. Providing this information to EPA at a less frequent interval would compromise the Agency's ability to expeditiously evaluate the emissions results and determine, in a timely manner, whether inuse small SI engines conform to emission standards. Any delay in making such a determination reduces the universe of engines which will be reached by a potential recall because both engine scrappage and owners' unwillingness to participate in recalls increase with the age of the engine.

SEA information is only collected on occasion, when EPA has reason to believe that an audit of a particular manufacturer is in order.

3( e) General Guidelines According to 40 CFR 90.121( a)( 2), all In use related records must be maintained for eight years, except for routine emission test data such as those reporting the condition of the test cells. Such data need to be kept for one year only ( 90.121( b)). However, " records may be kept in any format and on any media, provided that, at the Administrator's request, organized, written records in English are promptly supplied by the manufacturer" ( 40 CFR 90.121( c)). This requirement stems from the CAA mandate that manufacturers recall engines failing to meet emission standards throughout their useful lives.

When audited, manufacturers must submit test results and information within 5 working days after all testing ordered under a SEA notification has been completed. The items requested are all readily available or generated during the SEA. The information is requested in less than thirty days so that EPA can verify the accuracy and validity of the emission data and expeditiously reach a conclusive audit decision. An expeditious audit decision allows the manufacturer to quickly release the tested vehicles or engines for introduction into commerce.

Under this information collection, manufacturers are required to submit confidential business information such as sales projections. Furthermore, certain sensitive technical and proprietary information submitted during the certification process could be used during SEAs. This information is kept confidential in accordance with the Freedom of Information Act, EPA regulations at 40 CFR part 2, and class determinations issued by EPA's Office of General Counsel.  8 No other general guideline is exceeded by this information collection.

3( f) Confidentiality Manufacturers are allowed to assert a claim of confidentiality over information provided to EPA. Confidentiality is provided in accordance with the Freedom of Information Act and EPA regulations at 40 CFR part 2.

3( g) Sensitive Questions No sensitive questions are asked in this information collection.

4. Respondents and Information Requested 4( a) Respondents/ NAICS Codes Respondents are manufacturers of nonroad engines within the following North American Industry Classification System ( NAICS) code:

333618 Other Engine Equipment Manufacturing 336312 Gasoline Engine and Engine Parts Manufacturing 336999 Other Transportation Equipment Manufacturing 336991 Motorcycle, Bicycle and Parts Manufacturing 4( b) Information Requested All manufacturers must describe their products and supply test data to verify compliance. This information is organized by " engine family" groups expected to have similar emission characteristics. Manufacturers must also retain records.

( i) Data Items The following lists are meant to give a general idea of the kind of data items requested under each program and not a comprehensive list of data items. Regulations may call for  9 additional/ different items depending on the characteristics of the regulated engine or vehicle. Please refer to the regulations ( as cited above) for a comprehensive list of items per engine/ vehicle category. Some of these data items are required to be kept in records and submitted only upon request.

A. Certification:

Engine families need to be certified each model year. A ` model year' refers to the manufacturer's annual new model production period, or a calendar year if the manufacturer does not have a model year. Manufacturers may make changes to one or more engine models within a family at any time during the model year. These changes may significantly affect the engine model's, and therefore, the engine family's emission levels. For this reason, all SI engine programs run on a model year basis.

The certification burden for a given engine family is reduced after the model's first production year, because data and information from previous years can be " carried over" when no significant changes have occurred. For instance, an engine family certified in model year 2004 can be certified in the 2005 model year by " carry over" of data and paperwork from the 2004 model year if no significant changes have occurred to the engine family between model years. EPA may also allow manufacturers to " carry across" data and paperwork from on highway certification of an engine family which they produce for both the on highway and nonroad markets if there are no significant differences between the on highway and nonroad versions of the engine family. Allowing manufacturers to " carry over" and " carry across" data and paperwork saves manufacturers the burden of duplication of data and paperwork which would occur in the absence of such provisions.

A label identifying each engine and stating the engine family name, the fuels the engine is certified to run on, the engine useful's life and category ( if applicable), must be affixed to each engine. Manufacturers are also required to provide warranties to consumers.

An application fee must be paid per engine family per model year. This fee is requested under the authority of Section 217 of the CAA and the Independent Offices Appropriation Act ( 31 U. S. C. 9701) to ensure that the motor vehicle emissions compliance program is self sustaining to the extent possible. A new fee schedule was recently published in the Federal Register. See section 6( b)( ii) for details.  10 EPA encourages manufacturers to apply electronically and has developed a simple electronic application format. A copy of the application templates is attached. Questions are answered as applicable to each engine category. A complete application consists of ( 1) a Statement of Compliance, ( 2) a Family Information Form ( FIF), ( 3) a Test Information Form ( TIF), ( 4) a Technical Description Form ( TDF), ( 5) an Engine Model Summary ( EMS), and ( 6) an Engine Part Summary ( EPS). However, manufacturers requesting a certificate of conformity for evaporative engine families are only required to submit the Statement of Compliance and an Evaporative Engine Form ( EEF). There is also a Production Line Testing Information Form. These forms can be downloaded from EPA's website at http:// www. epa. gov/ otaq/ certdat2. htm.

Information Items Requested Under the Certification Program:

° Statement of compliance ° Identification and description of the basic engine design including, but not limited to, the engine family specifications ( fuel, cooling medium, etc.)

° An explanation of how the emission control system operates ° Fuel System type and components ° Useful life Period ° Deterioration factors ° Intended Service Class ° Projected Sales ° Estimated Production Period ° Sales Area ° Plant Contact and Location ° Program information ° Family emission limits ° Nonroad engine equipment types ° Detailed description and justification of each auxiliary emission control devices ( AECD), and how they affects emissions  11 ° A description of all adjustable parameters, their adjustable ranges and methods employed to prevent tampering, etc ° Detail drawings and descriptions of the of the various emission related components ° A description of the test equipment and fuel to be used ° A description of the test procedures to be used to establish the durability data or the exhaust emission deterioration factors ° All test data obtained by the manufacturer on each test engine ° A statement of the useful life ° If applicable, a statement of the alternative useful life period and a brief synopsis of the justification ° Maintenance information ° Description of the provisions taken to prevent tampering with emission control computer instructions ° Proposed test fleet selection and the rationale for the test fleet selection ° Special or alternate test procedures, if applicable ° The period of operation necessary to accumulate service hours on test engines and stabilize emission levels ° Fee Filing Form Manufacturers must keep records for eight years except routine emission records. Manufacturers must keep routine emission records for only one year.

General records:

° Identification and description of all engines for which testing is required ° Description of emission control systems  12 ° Description of test procedures Individual Records:

° Copies of all the applications submitted ° A brief history of all test engines and running changes ° A complete record of all emission tests performed ° The date of each mileage accumulation run and the mileage accumulated ° Record and description of all maintenance and other servicing performed ° Record and description of each test performed to diagnose engine or emission control system performance ° A brief description of any significant events affecting the vehicle ° Actual U. S. sales volume ° For Heavy Duty engines model 1996 98: Shipment date, purchaser, purchaser contract, and EPA evaporative/ refueling family ° Routine emission test data When a manufacturer needs to make changes to a certified engine, or to add an engine model to an already certified engine family, the following information must be submitted. Running changes are submitted using the same electronic format used to apply for a certificate of conformity. Data items requested:

° Notification of changes made to the application and request to amend the application ° A full description of the change to be made ° Engineering evaluations or data showing that engines as modified or added will comply with all applicable emission standards  13 ° A determination wether the original test fleet selection is still appropriate, and proposed new test fleet selections, if applicable ° Upon request, test data on the engine changed or added ° Supporting documentation, test data and engineering evaluations as appropriate to demonstrate that all affected engines will still meet applicable emission standards Each manufacturer is also required to submit the following information:

° An annual production report identifying the number of engines produced by engine family, by gross power, by displacement, by fuel system, or by other categories as the Administrator may require.

° If the manufacturer requests a hearing on the Administrator's denial or revocation of a certificate of conformity, the request shall be filed within 30 days of the Administrator's decision, shall be in writing, and shall set forth the manufacturer's objections to the Administrator's decision and data to support the objections.

The Engine Model Summary ( EMS) is requested to evaluate whether engine families were developed correctly. The information contained in this form allows EPA engineers to know if the engine models were grouped correctly, and, most important, if the test data submitted corresponds to the worst case within that family. The calculation of the engine's rated power, torque, etc., is customary business practice.

The Part Summary Form ( PSF) allows EPA to make sure that the engine is actually built in its certified configuration. This information is used when conducting Selective Enforcement Audits.

B. Average, Banking and Trading ( AB& T):

Information Items Required Under the Average, Banking and Trading Program:  14 ° Intent to include this specific engine family in the ABT program ° Declaration that participation in this program will not cause the applicable emission standard to be exceeded ( have negative credit balance)

° Family emission limit ° Projected applicable production volumes for the model year ° Values required to calculate credits ° Projected number of credits generated/ used ° If credits are generated, the designated use of the credits involved or if credits are used, the source of those credits AB& T records are to be kept for eight years:

° EPA engine family ° Engine identification number ° Engine build date and model year ° Power rating ° Purchaser and destination ° Assembly plant ° Family emission Limit ° Useful life ° Projected and actual production model ° For families participating in trading, the following records must be kept quarterly:

° Actual quarterly and cumulative applicable production/ sales volume ° Value required to calculate credits ° Resulting type and number of credits generated/ required ° How and where credit surpluses are dispersed ° How and through what means credit deficits are met  15 C. Production Line Testing ( PLT) Program In the small SI engine sector, only Phase 2 small SI engines are subject to PLT requirements. Phase 2 refers to a second, more stringer tier of emission regulations for small SI engines. The different provisions in these and other small SI emission control programs are design to ease manufacturers' transition from Phase 1 to Phase 2 standards. Participation in PLT is optional for small volume engine manufacturers and small volume engine families ( see section 5( c) for details). Engine families, regardless of size, for which the manufacturer opts to conduct In use testing are exempt from PLT requirements. All manufacturers and engine families, however, remain subject to SEAs.

PLT is mandatory for all large SI engines and recreational vehicles.

Each calendar quarter, participating manufacturers must test a sample of SI engines taken directly from the assembly line. These tests must be performed unless EPA approves a variation.

EPA can require manufacturers to submit or retain additional information not specifically listed here.

Within 45 days of the end of each quarter, manufacturers must report the following information:

° The location and description of the test facilities where testing was conducted ° Total production and sample size for each engine family ° Applicable standards and/ or FELs ° A description of the process used to obtain engines on a random basis ° A description of the test engine ° For each test conducted:  16 ° A description of the test engine, including engine family and configuration, year, make, build date, engine ID number, and number of hours of service accumulated on engine prior to testing ° Location( s) where service accumulation was conducted and description of accumulation procedure and schedule ° Test number, date, test procedure used, initial test results before and after rounding, final test results before and after rounding, and final deteriorated test results for all tests, etc.

° A complete description of any adjustment, modification, repair, preparation, maintenance, and testing which was performed on the test engine, etc.

° A Cum Sum Analysis ° Any other information the Administrator may request ° For each failed engine, a description of the remedy and test results for all retests as required by Sec. 90.711( g)

° The date of the end of the engine manufacturer's model year production for each engine family ° A signed statement ( found at 90.709( e)( 9)) and endorsement by an authorized representative of the manufacturer ° Upon request, manufacturers must also submit:

° Projected production for each configuration within each engine family for which certification has been requested and/ or approved ° Number of engines, by configuration and assembly plant, scheduled for production or actually produced Records must be kept for one year after completion of all testing:

° A description of all testing equipment used and each test cell that can be used to perform PLT, in accordance with 90.704  17 ° For each PLT conducted:

° The date, time, and location of each test or audit ° The number of hours of service accumulated on the test engine when the test began and ended ° The names of all supervisory personnel involved in the conduct of the production line test or audit ° A record and description of any adjustment, repair, preparation or modification performed on test engines, giving the date, associated time, justification, name( s) of the authorizing personnel, and names of all supervisory personnel responsible for the conduct of the repair ° If applicable, the date the engine was shipped from the assembly plant, associated storage facility or port facility, and the date the engine was received at the testing facility ° A complete record of all PLT emission tests or audits performed ( except tests performed directly by EPA), including all individual worksheets and/ or other documentation relating to each test, or exact copies ° A brief description of any significant events during testing not otherwise described, commencing with the test engine selection process and including such extraordinary events as engine damage during shipment.

When an engine family fails PLT, its certificate of conformity may be suspended, effective from the time testing was completed. Before suspending a certificate, EPA will work with the affected manufacturer to achieve appropriate production line changes and try to avoid the need to halt engine production. Manufacturers with a suspended certificate must remedy the nonconformity retest or re audit. After a successful test is completed, the manufacturer must submit a report with the same information required during the initial test.

For EPA to consider reinstating a suspended certificate of conformity, the manufacturer must submit another report with the following information:

A description of the reason for the noncompliance,  18 ° A description of the proposed remedies, including a description of any proposed quality control measures to be taken to prevent future occurrences of the problem, and the date when the remedies will be implemented ° A demonstration, through testing, that the failed engine family does in fact conform ° Manufacturers may request a hearing ° Manufacturers may request conditional reinstatement of a revoked certificate while conducting further testing ° If the manufacturer disagrees with the reason for suspension of the certificate, the manufacturer may request a public hearing. The request must be made in writing within 15 days of the revocation.

° Four copies of the request must be filed containing the following information:

° A statement as to which configuration( s) within a family will be the subject of the hearing ° A concise statement of the issues to be raised at the hearing ° A statement specifying reasons why the manufacturer believes it will prevail on the merits of each of the issues raised ° A summary of the evidence which supports the manufacturer's position on each of the issues raised B. In use Testing Program In use Testing requirements are different for small SI Phase 1 and Phase 2 engines and large SI engines. There is no in use testing requirement at this point for recreational vehicles. Phase 1 In use requirements can be found at section 90.113. 40 CFR 90 Section H contains the In use testing requirements for Phase 2 engines.

B( 1). In use Testing for small SI Phase 1 Engines Each model year, Phase 1 small SI engine manufacturers propose a list of engine families to be included in the Phase 1  19 In use Testing Program. If the list complies with requirements at section 90.113( c), EPA may approve it or suggest modifications.

In use records, including data generated in the engine procurement process, must be kept for eight years ( 90.113( d)( 2)( ii), 90.113( d)( 3)( ii) and 90.121( a)( 2)).

By January 30 of every year, Phase 1 engine manufacturers may submit the results from all in use tests performed during the previous year. The report may include:

° Engine family ° Model ° Engine serial number ° Date of manufacture ° Estimated hours of use ° Results of all emission testing ° Summary of all maintenance and/ or adjustments performed ° Summary of all modifications and/ or repairs ° Determinations of compliance or noncompliance B( 2). In use Testing for Phase 2 Engines Participation in the Phase 2 In use Testing Program is voluntary. Manufacturers may make an election to participate by notifying EPA of their intent to conduct in use testing. This election must be made in writing, before the beginning of each model year, and must include a list of engine families they wish to in use test. 40 CFR 90.1203( b) exempts participating engine families from PLT requirements for two model years. Only 20% of a manufacturer's engine families in any given model year may be included in the In use Testing Program.

The program requires that manufacturers randomly select or procure a minimum of three engines from each participating engine family, age and test them in accordance with sections 90.1203 and 90.1204. Manufacturers must complete testing within three years of notifying EPA of their intention to participate, unless  20 otherwise approved by EPA (( Section 90.1203( f)).

Per sections 90.1204( e) and 90.121( a)( 2), all data generated under this program must be kept for eight years.

For each Phase 2 small SI engine tested, the manufacturer must submit the following information within 90 days of completion of the testing:

° Engine family ° Models ° Application ° Engine serial numbers ° Date of manufacture ° Hours of use ° Date and time of each test attempt ° Results ( if any) of each test attempt ° Schedules, descriptions and justifications of all maintenance and/ or adjustments performed ° Schedules, descriptions and justifications of all modifications and/ or repairs ° A list of engines deleted from the aging process and a technical justification B( 3). In use Testing for Large SI Engines The data reporting structure for large SI in use testing is very similar to that of small SI Phase 2 engines, however in use testing is mandatory. However, manufacturers need to test at least two engines if ( 1) the manufacturer's total production is 2,000 or less or ( 2) if the engine family in particular has a production volume of 500 engines or less ( 1068.410( c)( 1)).

C. Selective Enforcement Auditing ( SEAs)

All engine and vehicle manufacturers are subject to be  21 audited by EPA. EPA collects the information needed for SEAs in two stages: First, a limited number of manufacturers is asked to submit their production plans for a specified period of time, as described below. EPA uses this " pre audit" information to efficiently determine which manufacturers and engine models to audit. After a manufacturer has been chosen, EPA issues a test order specifying which engine models and configurations will be tested. When all required testing in completed, manufacturers submit a report containing all testing results. This " audit" information is then used to determine compliance with applicable emission standards.

EPA can request manufacturers to submit additional SEA information or keep records not specifically listed in this section.

Upon EPA's request, engine manufacturers must submit the following information regarding engine production. EPA uses this information to determine which engines will be audited.

° Projected US sales data for each engine configuration ° Number of engines, by configuration and assembly plant, scheduled for production within the time period designated by EPA ° Number of engines, by configuration and assembly plant, storage facility or port facility, scheduled to be stored during the time period designated by EPA ° Number of engines, by configuration and assembly plant, produced during the designated period that are complete for introduction into commerce Within five working days after all tests ordered by EPA are completed, manufacturers must submit a report with the following information:

° Testing facilities' location and description ° The applicable standards or compliance levels against which the engines were tested ° A description of the engine and the method used to select its emission related components ° For each test conducted:  22 ° Test engine description ° Location where service accumulation was conducted and a description of the procedure ° Test information, raw results, etc.

° A complete description of any modification, repair, preparation, maintenance and/ or testing performed on the engine not previously reported ° If an engine was deleted from the test sequence by authorization of EPA, the reason to delete it.

° Any other information requested by EPA ° A statement of compliance and endorsement ° Manufacturers can request EPA to allow re testing of failed engines Records must be kept for one year after all ordered tests have been completed. Records may be kept in any media, according to the manufacturer's procedures, provided that in every case all the information contained in the hard copy is kept.

° General records: a description of all test equipment used ° Individual records for each audit:

° Date, time and location of each test ° Number of hours accumulated in each engine when testing began ° Names of all supervisory personnel involved ° Detail records of all repairs performed prior/ after EPA's authorization ° Date engine was shipped and date it was received ° A complete record of all tests performed including worksheets and other documentation ° A brief description of any significant event occurred during the audit ° A description of the equipment in each test cell that can be used to perform SEA testing  23 ( ii) Respondent Activities The activities manufacturers need to perform to comply with the requirements of each program are as follows:

( ii) ( a) Certification activities ° Review the regulations and the guidance document ° Develop engine family groups ° Test engines for compliance with emission standards ° Develop deterioration factors ( on highway and some categories of nonroad engines, see section 6( a) for details). ° Gather emissions data ° Submit the fee filing form ( On Highway only) ° Pay the corresponding fee ( On Highway only) ° Submit the Application for Certification ° Retain and maintain records, and submit them upon Administrator's request ° Submit an annual production report ( ii) ( b) AB& T Activities ° Pre certification Activities: ° Familiarization with the AB& T program provisions ° Determine which engine families will participate in ABT. ° Project applicable production volumes for the model year for all engine families. ° Submit AB& T information with the certification application ° Gather information regarding point of first retail sale ° Monitor production volumes and engine sales ( customary business practice) ° Develop and submit end of year reports ° Develop and submit final reports ° Store, file, and maintain information as required ( ii) ( c) Production Line Testing ° Gather/ maintain production data ( customary business  24 practice) ° Read instructions and regulations ° Train personnel ° Project testing needs and plan schedules ° Select engines to be tested ° Inspect engines to be tested ° Contract an independent facility to test engines ( if needed) ° Test engines ° Enter data and analyze it ° Prepare and submit reports ° Keep records ( ii) ( d) In use Testing ° Read instructions and regulations ° Train personnel ° Plan activities ° Procure engines ° Ship engines ° Maintain engines ° Contract an independent facility to test engines ( if needed) ° Test engines ° Enter data and analyze it ° Prepare and submit reports ° Keep records ( ii) ( e) Selective Enforcement Auditing ° Gather/ maintain production data ( customary business practice) ° Read instructions and regulations ° Provide pre audit information ° Plan activities ° Train personnel ° Test engines ° Enter data and analyze it ° Prepare and submit reports ° Keep records 5. The Information Collected Agency Activities, Collection Methodology, and Information Management  25 5( a) Agency Activities As part of the implementation of the certification programs, EPA officials carry out the following activities:

° Review and interpret regulations, provide guidance ° Gather applications from the industry, enter data into the database ° Review the applications for completeness and accuracy ° Verify that the correct engines have been selected and tested ° Answer questions from manufacturers and the public ° Issue appropriate certificates of conformity ° Periodically perform maintenance or enhance the database ° Make data available to the public, including making it available through the Internet ° Analyze and manage requests for confidentiality ° Determining if " carry over" of data from a previous model year is appropriate or if new testing will be required ° Store, file and maintain data Activities related to AB& T involve:

° Reviewing requirements and providing guidance ° Entering the data into the database ° Receiving quarterly and final reports, reviewing calculations, making sure that the information submitted by manufacturers is accurate and complete ° Audit manufacturers reports and files to make sure all participants have zero or positive credit balances at the end of the year ° Keep records The following are EPA's activities associated with the implementation of the PLT and SEA Programs:

° Review and interpret applicable regulations ° Answer questions from manufacturers and the public ° Review submissions for format and completeness, input data into the database ° Analyze data submitted in reports, compare results to standards and FELs ° Request and review additional information as needed ° Periodically perform maintenance or make enhancements to the database ° Make data from completed test programs available to the public, including posting it on the Internet ° Analyze and manage requests for confidentiality ° Take any appropriate enforcement actions  26 ° Keep records of the information submitted by manufacturers and EPA's actions and determinations EPA activities associated with the implementation of the Inuse Testing Programs are similar:

° Review and interpret regulations ° Answer manufacturers questions ° Evaluate testing programs submitted by manufacturers and ensure that the programs comply with applicable requirements ° Enter data from reports into the database ° Review submissions for format and completeness ° Analyze information submitted ° Keep records ° Request and review additional information, as needed ° Perform maintenance or make enhancements to the database ° Make data from completed test programs available to the public, including posting it on the Internet ° Analyze and manage requests for confidentiality In addition, when conducting SEAs, the agency must:

° Request and gather production data from manufacturers ° Make a determination as to which manufacturers and engine families to audit ° Issue a SEA test order ° Travel to the testing laboratory to witness the testing ° Oversee testing, ensure proper procedures are followed, answer questions 5( b) Collection Methodology and Management EPA currently makes extensive use of electronic media in gathering and evaluating information from SI engine manufacturers. Manufacturers submit certification, AB& T, PLT and In use data in electronic formats. SEA reports can be submitted electronically; however, it is up to the manufacturer to decide how to submit it.

Once the data is received, the information is entered into a database and reviewed for completeness. If the manufacturer chooses to make hard copy submittals, then EPA manually enters the information into the database. The certification reviewer analyses the information to ensure compliance with the CAA and applicable regulations.

In the future, the public will be able to access non  27 confidential portions of the testing reports by contacting EPG or through the Engine Certification Information Center at http:// www. epa. gov/ otaq/ certdata. htm.

5( c) Small Entity Flexibility Participation in the Phase 2 PLT program is optional for ` small volume engine manufacturers' and ` small volume engine families'. A ` small volume engine manufacturer' is, as defined at section 90.3, " for non handheld engines, any engine manufacturer whose total eligible production of non handheld engines [ is] projected at the time of certification of a given model year to be no more than 10,000 non handheld engines." For handheld engines, the term ` small volume engine manufacturer' means " any engine manufacturer whose total eligible production of handheld engines [ is] projected at the time of certification to be no more than 25,000 handheld engines." ` Small volume engine family' is any family, non handheld or handheld, with an eligible production in any given model year of no more than 5,000 engines.

Under the Phase I In use Testing Program, EPA has provided flexibility to engine manufacturers with even larger production volumes. Manufacturers whose total US projected annual production for any given model year is 75,000 engines or less may test a minimum of two engines. This provision, found at 90.113( b)( 2), reduces the cost of the program for manufacturers with limited production. Manufacturers with larger production volumes calculate the minimum amount of engines they need to test by following criteria found at Section 90.113( b)( 1).

Further reductions in burden are achieved by allowing engine manufacturers with annual sales of less than 50,000 engines to obtain, with EPA approval, in use engines from sources associated with itself or its equipment manufacturers. Other engine manufactures must procure engines form sources outside of their and their equipment manufacturers' control.

There are also reductions in testing burden for small volume engine families and manufacturers under the large SI rule. Please refer to section 6( d)( 4) for more details.

Part 1068 also provide flexibilities for engine and equipment manufacturers who find themselves in a difficult situation at the start of a new set of regulations. Section 1068.245, 1068.250 and 1068.255 provide additional time for manufacturers to comply with regulations if they meet a number of criteria.

Under the other programs included in this ICR, the  28 information being requested is considered to be the minimum needed to effectively maintain the programs' integrity and comply with the requirements of the Clean Air Act. Further measures to simplify reporting requirements for small businesses do not appear prudent or necessary.

5( d) Collection Schedule Collection frequency is largely determined by the manufacturer's marketing and product plans. Information must be submitted for each ` model year' that a manufacturer intends to build ( or import) an engine model. A certificate of conformity must be obtained before the start of production ( or importation). Taking these two considerations into account, manufacturers normally submit information on an annual basis and submit their applications at their earliest convenience.

Running change and correction applications are submitted by manufacturers as the need occurs.

PLT reports are submitted quarterly. SEA reports are submitted on occasion, after EPA has concluded an audit.

Under the In use testing program, Phase 1 engine manufacturers must submit, by January 30 of each calendar year, all emission test results generated from in use testing. Phase 2 manufacturers need to submit their reports within 90 days of having completed all in use testing for a given engine family. They have, however, up to three years to complete such testing.

Section 3( d) elaborates on the reasons for this collection schedule.

6. Estimating the Burden and Cost of the Collection Please refer to Tables 1 through 9 for details.

6( a) Estimating Respondent Burden Burden estimates were taken from previous ICRs and adjusted to reflect experience gained by EPA and comments from fewer than 10 respondents consulted by EPA.

6( b) Estimating Respondent Costs  29 ( i) Estimating Labor Costs To estimate labor costs, EPA used the Bureau of Labor Statistics' National Industry specific Occupational Wage Estimates ( May 2003) for the Engine and Turbines Industry ( SIC 351) and increased by a factor of 110% to account for benefits and overhead. The specific rates used are listed below. These are mean hourly rates.

Table 10 Labor Costs Estimates Occupation SOC Code Number Mean Hourly Rate ( BLS) 210%

Mechanical Engineers 17 2141 $ 30.61 $ 64.28 Engineering Managers 11 9041 $ 46.17 $ 96.96 Lawyers 23 1011 $ 51.83 $ 108.84 Secretaries, Except Legal, Medical and Executive 43 6014 $ 14.79 $ 31.06 Mechanical Engineering Technicians 17 3027 $ 21.62 $ 45.40 Engine and Other Machine Assemblers 51 2031 $ 16.00 $ 33.60 Truck Drivers, Heavy and Tractor Trailer 53 3032 $ 18.04 $ 37.88 ( ii) Estimating Capital and Operations and Maintenance Costs Operation and Maintenance costs ( O& M Costs) associated with this information collection include diskettes, photocopying, postage and other shipping expenses, calls, maintenance of emission laboratories, and testing costs. Diskettes are used by manufacturers to submit their electronic applications and to keep records.

Capital costs ( associated with building emission testing facilities) were incurred by manufacturers when the small SI  30 industry became regulated for the first time. In the large SI sector and the recreational vehicles sector, those respondents that control the vast majority of the market are companies which manufacture engines regulated under other programs ( such as the small SI or marine SI regulations) and have already invested in developing their own test cells. Section 6( d)( 1) provides more details. The small production volume of the other respondents makes it more economical for them to ( and do) contract out their testing needs than to build expensive test cells. Therefore, capital costs are excluded from this ICR. EPA does not expect any new engine manufacturers to build its own emission testing laboratories in the next three years. Other emission testing expenses are included as O& M costs as explained above.

Engine manufacturers that have in house testing facilities use them for all their certification and compliance testing needs as well as for research and development. The cost of maintaining these laboratories have been estimated at $ 62,000 per year. This estimate ( which appears under the certification program estimates) include the cost of test fuels, calibration gases and equipment.

EPA has also accounted for the cost incurred by those manufacturers who hire a contractor to conduct the necessary certification and compliance emission testing in the contractor's facilities. EPA has estimated that testing at a private facility costs, on average, $ 2,750. Testing cost, however, is a one time cost per engine family since manufacturers can carry over emissions data from one model year to the next. This cost has been annualized over the approval period requested for this ICR.

Engine manufacturers are required to pay a fee of $ 826 every model year when submitting an application for a certificate of conformity. This fee is requested under the authority of the CAA Section 217. EPA recently published the new schedule of fees in the Federal Register ( 69 FR 26224).

The new fees rule provides for a reduction in fee when " the full fee exceeds 1.0 percent of the projected aggregate retail price of all vehicles or engines covered by that certificate" ( 69 FR 26226, Section F). The reduced fee must not exceed one percent of the aggregate retail price of the vehicles and engines covered by the certificate.

( iii) Capital/ Start Up Operations and Maintenance Costs There are no capital or start up costs associated with the renewal of this ICR. ( See 6( b)( ii) for details.)  31 ( iv) Annualizing capital costs There are no capital costs associated with the renewal of this ICR. ( See 6( b)( ii) for details.)

6( c) Estimating Agency Burden Tables 11 through 15 explain EPA's overall burden associated with this information collection.

Table 16 summarizes EPA's labor costs associated with this information collection. These costs are based on 2004 hourly wage rates obtained from the Office of Personnel Management and adjusted by a factor of 1.6 to account for benefits and overhead.

Table 16 Agency Labor Costs Occupation Hourly Rate 160%

Engineer ( GS 13/ 6) $ 39.16 $ 62.66 Lawyers ( GS 13/ 7) $ 41.46 $ 66.34 Managers ( GS 15) $ 48.03 $ 76.85 SES 1 $ 84.47 $ 135.15 Senior © Employee) $ 11.81* $ 17.65*

* The salary of a senior for clerical support is $ 11.81 per hour plus approximately 150% increase for benefits, for a total of $ 17.65. This data was obtained from EPG's financial officer.

6( d) Estimating the Respondent Universe and Total Burden and Costs 6( d)( 1) Certification Estimates Based on the number of emission certification applications received for model year 2004, there are 64 small SI engine manufacturers in the US market today. Combined, they submitted  32 644 applications, 483 of which were carry overs.

Large SI engines became regulated this year for the first time. Nine manufacturers submitted 22 applications. Even though, these nine manufacturers represent almost 99% of the market, EPA based its burden estimates on ten manufacturers and a total of 30 engine families as manufacturers may decide to add families later on. EPA conservatively estimated that a third of those families will become carry overs.

During the recreational vehicle rulemaking, EPA assessments indicated that there are eight manufacturers that control the majority of the recreational vehicle market: 99% of the snowmobile market, 98% of the All terrain Vehicle market and 85% of the offroad motorcycle market. Twenty three other manufacturers compose the rest of the market. For the purpose of this exercise, EPA has assumed that all 32 manufacturers will seek certification for its products and that their production will be divided into 150 engine families. We distributed those 150 families in a fashion similar to the way the market is proportioned: a conservative majority of the engine families ( 120 or 80%) was assigned to the eight large manufacturers and 30 families ( 20%) to the remainder 23 manufacturers.

EPA also estimated that a third of these engine families will become carry overs after the first year of certification and beyond. Recreational Vehicles do not become regulated until 2006, although we have started receiving some snowmobile applications in 2004.

To estimate the financial burden of engine testing several factors were taken into account: ( 1) whether a manufacturer is capable of performing emission testing in house ( has its own equipment) or contracts an independent facility, and ( 2) the number of tests needed to demonstrate compliance. The number of tests depends on the requirements of each program, the manufacturer's projected US production per engine family, and total number of engine families.

Testing equipment is used for a variety of purposes other than to respond to this information collection, such as Research and Development, and foreign certification related testing. The total cost of maintaining these laboratories have been estimated at $ 62,000 per year. This estimate includes the cost of test fuels, calibration gases and equipment. The full amount was included in certification estimates.

Of the 64 small SI engine manufacturers, 24 own testing laboratories. They account for the bulk of new applications for certification ( non" carry overs"): 115 our of 161. The remaining  33 46 new applications were submitted by 27 different manufacturers. To the small SI numbers, EPA added large SI data: all ten manufacturers own laboratories. Eight of the 32 recreational vehicle manufacturers have their own testing facilities.

6( d)( 2) Average, Banking and Trading Participation in the AB& T Program is voluntary for small SI and recreational vehicle manufacturers. EPA estimated that 21 small SI manufacturers and 10 recreational vehicle manufacturers will participate during the next three years. There is no AB& T program for large SI, except for an early certification provision for snowmobiles.

6( d)( 3) Production line Testing The number of tests manufacturers need to perform under the PLT program depends on several factors. However, per 90.706( b)( 8); 1048.310( g)( 1) and 1051.310( g)( 1), the sample size need not exceed the lesser of ( 1) 30 engines per engine family, or ( 2) one percent of the projected annual US production for that engine family. The frequency of testing expressed in each burden table reflects those limits.

Table 4 account for small SI and Large SI PLT programs. Twenty seven engine manufacturers participate in the small SI PLT program ( Phase 2 only). Twenty six of them own testing facilities. Together, they account for 329 engine families ( 13 engine families per manufacturer) and perform, in average, about 171 tests per engine family to comply with PLT requirements. Only one manufacturer hires an independent laboratory for PLT testing and performs about 30 tests per model year ( one engine family). EPA has estimated the cost of these tests to be $ 2,750 per test ( 30 * $ 2750 = $ 82,500). Participation in PLT is mandatory for Phase 2 engines ( not applicable to Phase 1), but it is voluntary for small volume engine families and small volume engine manufacturers.

To this estimates, EPA added 10 large SI manufacturers who should perform at least 197 tests in total. As explained above, they all own laboratories. PLT is mandatory for large SI manufacturers.

Table 5 includes PLT estimates for all recreational vehicles. Based on observations from other programs, EPA estimated that the 23 smaller manufacturers will contract out their testing needs and will test an average of three engines per engine family ( for a total of 90 tests).  34 6( d)( 4) In use Testing In use Program's requirements are different for different types of engines. In the small SI sector, there are different requirements for Phase 1 and Phase 2 engines. Participation in the program is voluntary for both. For Phase 1, manufacturers whose total projected US production volume does not exceed 75,000 engines need to test a minimum of 2 engines per model year ( 90.113( b)( 2)). Those whose total projected US production exceeds 75,000 engines, follow the instruction at 90.113( b)( 1) to determine the minimum number of engines they need to test. Based on model year 2003 data, EPA has calculated that a total of 26 manufacturers with US production of less than 75,000 engines participate in the In use program. Nine of them contract out testing services. Also, EPA estimates that only six manufacturers have projected US production in excess of 75,000 engines. They need to perform, in average, 16 tests per model year to comply.

Phase 2 manufacturers only need to test a minimum of three engines per engine family and can include up to 20% of their engine families in the program. EPA estimates that two engine manufacturers will participate with three engine families each.

Large SI manufacturers are required to conduct in use testing. They need to test at least two engines if ( 1) the manufacturer's total production is 2,000 or less or ( 2) if the engine family in particular has a production volume of 500 engines or less ( 1068.410( c)( 1)). According to the data submitted by large SI engine manufacturers this year, EPA projects they will need to perform a total of at least 64 tests.

In use testing requirements for recreational vehicles have not been finalized yet.

6( d)( 4) Selective Enforcement Audits Regarding SEAs, EPA has not conducted small SI audits in recent years. However, EPA is now planning to conduct approximately 12 SEAs ( including all three types of sectors in this ICR: small and large SI and recreational vehicles) within the next three years.

6( e) Bottom Line Burden Hours and Cost Tables ( i) Respondent Tally  35 Table 17 Total Estimated Respondent Burden And Cost Summary Program Number of Respon Number of Activities Total Hours Per Year Total Labor Cost Per Year Total Annual Capital Costs Total Annual O& M Costs Total Costs Cert ( small and large SI) 74 11 60,129 $ 3,507,934 0 $ 969,129 $ 4,477,063 Cert ( Rec Vehicles) 32 10 23,230 $ 1,380,753 0 $ 190,512 $ 1,571,265 ABT 31 5 10,819 $ 684,409 0 $ 3,410 $ 687,819 PLT ( small and large SI) 37 11 18,446 $ 1,017,779 0 $ 121,788 $ 1,139,567 PLT ( Rec Vehicles) 32 12 9,409 $ 547,478 0 $ 260,583 $ 808,061 In use Testing Phase1 32 11 10,591 $ 537,491 0 $ 69,310 $ 606,801 In use Testing Phase2 2 10 1,436 $ 70,008 0 $ 2,804 $ 72,812 In use Testing ( Large SI) 10 10 11,182 $ 487,936 0 $ 18,180 $ 506,116 SEAs 7 8 892 $ 49,409 0 $ 6,760 $ 56,169 Total 106 88 146,134 $ 8,283,197 0 $ 1,642,476 $ 9,925,673 ( ii) The Agency Tally Table 18 Total Estimated Agency Burden And Cost Summary Program Number of Respon Number of Activities Total Hours Per Year Total Labor Cost Per Year Total Annual Capital Costs Total Annual O& M Costs Total Costs  36 Cert 106 11 77,189 $ 4,085,012 0 $ 68,065 $ 4,153,077 AB& T 31 6 326 $ 20,427 0 $ 284 $ 20,711 PLT 69 10 2,107 $ 138,232 0 $ 2,006 $ 140,238 In use Testing 51 9 1,079 $ 70,870 0 $ 867 $ 71,737 SEAs 7 10 630 $ 40,721 0 $ 20,133 $ 60,854 Total 59 46 81,331 $ 4,355,262 0 $ 91,355 $ 4,446,617 6( f) Reasons for change in burden Current ICR Burden: 146,134 hours Previous ICR Burden: 47,736 hours Change: 98,398 hours There is an increase of 98,398 hours in the total estimated burden for ICR 1695.08 currently identified in the OMB Inventory of Approved ICR Burdens. This increase is due to two factors: ( 1) we have done a better job at accounting for the time manufacturers spent responding to these collections, and ( 2) we are consolidating three ICRs into 1684.06 ( 1684.05, 0011.08 and part of 1897.05). Therefore, this change is due to an Adjustment.

Previous ICR 1695.08 only accounted for time engineers and clerical assistants spent responding to the collection. In this ICR, we have accounted for time spent by managers, attorneys, test cell operators, assemblers and transporters in addition to engineers and clerical assistants.

We have also added burden from two other ICRs: ( 1) ICR 1845 which covered PLT, In use testing and SEAs for small SI engines, and ( 2) parts of ICR 1897.05 which covered, among other programs, certification, ABT, PLT and SEA requirements for Large SI engines and Recreational Vehicles.

6( g) Burden Statement The annual public reporting and recordkeeping burden for this collection is estimated to average 1,379 hours per respondent for certification and compliance activities. Burden means the total  37 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. To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, EPA has established a public docket for this ICR under Docket ID No. OAR 2004 0060, which is available for public viewing at the Air and Radiation Docket and Information Center in the EPA Docket Center ( EPA/ DC), EPA West, Room B102, 1301 Constitution Ave., NW, Washington, DC. The EPA Docket Center Public Reading Room is open from 8: 30 a. m. to 4: 30 p. m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is ( 202) 566 1744, and the telephone number for the Air and Radiation Docket is ( 202) 566 1742. An electronic version of the public docket is available through EPA Dockets ( EDOCKET) at http:// www. epa. gov/ edocket. Use EDOCKET to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. Once in the system, select " search," then key in the docket ID number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, DC 20503, Attention: Desk Office for EPA. Please include the EPA Docket ID No. OAR 2004 0060 and OMB control number ( 2060 0338) in any correspondence.

Part B of the Supporting Statement This part is not applicable.


[Federal Register Volume 84, Number 199 (Tuesday, October 15, 2019)]
[Notices]
[Pages 55161-55163]
[FR Doc No: 2019-22335]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-0086]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Potential Tobacco Product Violations Reporting Form

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
an opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(PRA), Federal Agencies are required to publish notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information, and
to allow 60 days for public comment in response to the notice. This
notice solicits comments on the Potential Tobacco Product Violations
Reporting Form.

DATES: Submit either electronic or written comments on the collection
of information by December 16, 2019.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before December 16, 2019. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of December 16, 2019. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2014-N-0086 for ``Potential Tobacco Product Violations Reporting
Form.'' Received comments, those filed in a timely manner (see
ADDRESSES), will be placed in the docket and, except for those
submitted as ``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting

of comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.gpo.gov/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Amber Sanford, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Potential Tobacco Product Violations Reporting Form

OMB Control Number 0910-0716--Extension

    On June 22, 2009, the President signed the Family Smoking
Prevention and Tobacco Control Act (the Tobacco Control Act) (Pub. L.
111-31) into law. The Tobacco Control Act amended section 201 et seq.
of the Federal Food, Drug, and Cosmetic Act (FD&C Act) (21 U.S.C. 321
et seq.) by adding a new chapter granting FDA important new authority
to regulate the manufacture, marketing, and distribution of tobacco
products to protect the public health generally and to reduce tobacco
use by minors. FDA is requesting an extension of OMB approval for the
collection of information to accept consumer and other stakeholder
feedback and notification of potential violations of the FD&C Act, as
amended by the Tobacco Control Act.
    FDA created a Tobacco Call Center (with a toll-free number: 1-877-
CTP-1373). Callers can report potential violations of the Tobacco
Control Act, and FDA may conduct followup investigations based on
information received. When callers report a violation, the caller will
be asked to provide as much certain information as they can recall,
including: The date the potential violation occurred; product type
(e.g., cigarette, smokeless, roll-your-own, cigar, e-cigarette, hookah,
pipe tobacco); tobacco brand; potential violation type; type of
potentially violative promotional materials; who potentially violated;
and the name, address, phone number, and email address of the potential
violator. The caller will also be asked to list the potential
violator's website (if available), describe the potential violation,
and provide any additional files or information pertinent to the
potential violation.
    FDA currently provides a form that may be used to solicit this
information from the caller (Form FDA 3779, Potential Tobacco Product
Violations Report), and seeks renewal of Form FDA 3779. This form is
posted on FDA's website. The public and interested stakeholders are
also able to report information regarding possible violations of the
Tobacco Control Act through the following methods: Calling the Tobacco
Call Center using the Center for Tobacco Products (CTP) toll-free
number; using a fillable Form FDA 3779 found on FDA's website;
downloading a PDF version of the form to send via email or mail to FDA;
requesting a copy of Form FDA 3779 by contacting CTP and sending by
mail to FDA; and sending a letter to FDA's CTP.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                 Number of
 Activity and FDA Form 3779      Number of     responses per   Total annual     Average  burden     Total hours
                                respondents     respondent       responses       per  response
----------------------------------------------------------------------------------------------------------------
Reporting violations of the              750               2           1,500  0.25 (15 minutes).             375
 FD&C Act, as amended by the
 Tobacco Control Act via
 telephone, internet form,
 mail, smartphone
 application, or email.
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    FDA estimates that submitting the information (by telephone,
internet form, paper form by mail, or email) will take 0.25 hour (i.e.,
15 minutes) per response. This estimate is based on the type and rate
of reporting that has been submitted through the Potential Tobacco
Violation Reporting Form in the past.
    FDA estimates the number of annual respondents to this collection
of information will be 750, who will each submit 2 reports by
telephone, internet form, paper form, or email. Each report is expected
to take 0.25 hour to complete and submit; therefore, total burden hours
for this collection of information is estimated to be 375 hours (1,500
responses x 0.25 hour per response).
    Based on a review of the information collection since our last
request for OMB approval, we have made no adjustments to our burden
estimate.

    Dated: October 4, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-22335 Filed 10-11-19; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 78, Number 69 (Wednesday, April 10, 2013)]
[Rules and Regulations]
[Pages 21260-21262]
[FR Doc No: 2013-08311]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR PART 165

[Docket No. USCG-2013-0210]
RIN 1625-AA00

Safety Zone; Lubbers Cup Regatta; Spring Lake, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on
Spring Lake in Spring Lake, Michigan. This safety zone is intended to
restrict vessels from a portion of Spring Lake due to the Lubbers Cup
Regatta. This temporary safety zone is necessary to protect the
surrounding public and vessels from the hazards associated with a race
competition involving 60-foot rowing vessels.

DATES: This rule is effective from 3 p.m. on April 12, 2013, until 3
p.m. on April 13, 2013. This rule will be enforced from 3 p.m. until 7
p.m. on April 12, 2013, and from 8 a.m. until 3 p.m. on April 13, 2013.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2013-0210 and are available online
by going to www.regulations.gov, inserting USCG-2013-0210 in the
``Keyword'' box, and then clicking ``search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, contact or email MST1 Joseph McCollum, U.S. Coast Guard
Sector Lake Michigan, at<PHONE_NUMBER> or<EMAIL_ADDRESS>If
you have questions on viewing the docket, call Barbara Hairston,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

A. Regulatory History and Information

    On February 11, 2013, the Coast Guard published an NPRM in the
Federal Register that listed safety zones corresponding to annual
marine events in the Sector Lake Michigan zone. This NPRM included the
safety zone for the Lubber's Cup Regatta on April 12-13, 2013 (the
subject of this TFR). The Coast Guard received no comments on that
docket (USCG-2013-0020) in regard to the Lubber's Cup Regatta. After
the 30 day comment period for the NPRM closed, the Coast Guard
submitted the final rule for publication.
    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking with
respect to this rule because it is unnecessary. The public already had
an opportunity to comment on this rule and the Coast Guard received no
comments.
    Because the Lubber's Cup Regatta would occur within 30 days of the
publication, the Coast Guard finds that good cause exists under 5
U.S.C. 553(d)(3), for making this rule effective less than 30 days
after publication in the Federal Register. Waiting for a 30 day delayed
effective date would be impracticable and contrary to the public
interest because it would inhibit the Coast Guard's ability to protect
vessels from the hazards associated with the Lubbers Cup Regatta on
April 12-13, 2013, which are discussed further below.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and limited access areas: 33
U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33
CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.

    On April 12 and 13, 2013, the Lubbers Cup Regatta will be held on
Spring Lake in Spring Lake, Michigan. This competition will extend for
approximately one mile along the Lake and is expected to involve more
than 60 rowing vessels and 500 spectators. The Captain of the Port,
Sector Lake Michigan, has determined that this competition will pose a
significant risk to public safety and property. Such hazards include
the collision of race and recreational vessels in a congested area, and
capsizing competitors and spectators' vessels.

C. Discussion of Rule

    With the aforementioned hazards in mind, the Captain of the Port,
Sector Lake Michigan, has determined that this temporary safety zone is
necessary to ensure the safety of persons and vessels during the
Lubbers Cup Regatta on Spring Lake. This zone is effective from 3 p.m.
on April 12, 2013, until 3 p.m. on April, 13, 2013. This zone will be
enforced from 3 p.m. until 7 p.m. on April 12, 2013, and from 8 a.m.
until 3 p.m. on April 13, 2013.
    The safety zone will encompass all waters of Spring Lake within a
rectangle that is approximately 6,300 by 300 feet. The rectangle will
be bounded by the points beginning at 43[deg]04'55'' N, 086[deg]12'32''
W; then east to 43[deg]04'57'' N, 086[deg]11'6'' W; then south to
43[deg]04'54'' N, 086[deg]11'5'' W; then west to 43[deg]04'52'' N,
086[deg]12'32'' W; then north back to the point of origin (NAD 83).
    Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port, Sector Lake
Michigan, or his designated on-scene representative. The Captain of the
Port or his designated on-scene representative may be contacted via VHF
Channel 16.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes or executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS). We conclude that this rule is
not a significant regulatory action because we anticipate that it will
have minimal impact on the economy, will not interfere with other
agencies, will not adversely alter the budget of any grant or loan
recipients, and will not raise any novel legal or policy issues. The
safety zone created by this rule will be small and enforced for only
two days. Under certain conditions, moreover, vessels may still transit
through the safety zone when permitted by the Captain of the Port.

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The Coast Guard
certifies under 5 U.S.C. 605(b) that this rule will not have a
significant economic impact on a substantial number of small entities.
    This rule will affect the following entities, some of which might
be small entities: the owners or operators of vessels intending to
transit or anchor in a portion of Spring Lake in Spring Lake, Michigan
on April 12 and 13, 2013.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: This
safety zone would be effective and thus subject to enforcement for only
two days. Traffic may be allowed to pass through the zone with the
permission of the Captain of the Port. The Captain of the Port can be
reached via VHF channel 16. Before the activation of the zone, we will
issue local Broadcast Notice to Mariners.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

4. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and determined
that this rule does not have implications for federalism.

6. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

7. Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

8. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

9. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

10. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

11. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use.

12. Technical Standards

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

13. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have determined
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule involves the establishment of a safety zone and,
therefore it is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket USCG-
2013-0020 where indicated under ADDRESSES. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR parts 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T09-0210 to read as follows:

Sec.  165.T09-0210  Safety Zone; Lubbers Cup Regatta; Spring Lake,
Michigan.

    (a) Location. The safety zone will encompass all waters of Spring
Lake within a rectangle that is approximately 6,300 by 300 feet. The
rectangle will be bounded by the points beginning at 43[deg]04'55'' N,
086[deg]12'32'' W; then east to 43[deg]04'57'' N, 086[deg]11'6'' W;
then south to 43[deg]04'54'' N, 086[deg]11'5'' W; then west to
43[deg]04'52'' N, 086[deg]12'32'' W; then north back to the point of
origin (NAD 83).
    (b) Effective and enforcement period. This rule is effective from 3
p.m. on April 12, 2013, until 3 p.m. on April 13, 2013. This rule will
be enforced from 3 p.m. until 7 p.m. on April 12, 2013, and from 8 a.m.
until 3 p.m. on April 13, 2013.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into, transiting, or anchoring within
this safety zone is prohibited unless authorized by the Captain of the
Port, Sector Lake Michigan or his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port, Sector Lake Michigan or his
designated on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port,
Sector Lake Michigan is any Coast Guard commissioned, warrant or petty
officer who has been designated by the Captain of the Port, Sector Lake
Michigan to act on his behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port, Sector Lake Michigan or his
on-scene representative to obtain permission to do so. The Captain of
the Port, Sector Lake Michigan or his on-scene representative may be
contacted via VHF Channel 16. Vessel operators given permission to
enter or operate in the safety zone must comply with all directions
given to them by the Captain of the Port, Sector Lake Michigan, or his
on-scene representative.

    Dated: March 27, 2013.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan.
[FR Doc. 2013-08311 Filed 4-9-13; 8:45 am]
BILLING CODE 9110-04-P