[Federal Register Volume 63, Number 102 (Thursday, May 28, 1998)]
[Rules and Regulations]
[Pages 29121-29122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14164]
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DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Part 12
[T.D. 98-50]
RIN 1515-AC28
Emissions Standards for Imported Nonroad Engines
AGENCY: U.S. Customs Service, Department of the Treasury.
ACTION: Final rule.
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SUMMARY: This document amends the Customs Regulations, in conformance
with regulations of the U.S. Environmental Protection Agency (EPA), in
order to include marine spark-ignition engines among those imported
nonroad engines that are subject to compliance with applicable EPA
emissions standards required by law. In addition, the Customs
Regulations in this regard are further amended by eliminating the
unnecessary, extensive replication of the particular admission
requirements for subject nonroad engines that are already contained in
the EPA regulations.
EFFECTIVE DATE: May 28, 1998.
FOR FURTHER INFORMATION CONTACT: Brad Lund, Office of Field Operations,
(202-927-0192).
SUPPLEMENTARY INFORMATION:
Background
The Clean Air Act, as amended (42 U.S.C. 7401 et seq.), which has
long authorized the Environmental Protection Agency (EPA) to regulate
on-highway motor vehicle and engine emissions, was amended in 1990 to
extend EPA's regulatory authority to include as well nonroad engines
and related vehicles and equipment (see 42 U.S.C. 7521-7525, 7541-7543,
7547, 7549, 7550, 7601(a)).
In brief, EPA was given authority, inter alia, to regulate those
classes or categories of new nonroad engines and associated vehicles
and equipment that contribute to air pollution, if such nonroad
emissions were determined to be significant.
To this end, the EPA issued regulations in 40 CFR parts 89 and 90
that established emissions standards for new nonroad compression-
ignition engines at or above 50 horsepower (37 kilowatts) as well as
new nonroad spark-ignition engines at or below 25 horsepower (19
kilowatts) (see 59 FR 31306 (June 17, 1994) and 60 FR 34582 (July 3,
1995), respectively, for the background and development of these EPA
regulations).
By a final rule document published in the Federal Register on
August 27, 1996 (61 FR 43960), Customs amended its regulations to add a
new Sec. 12.74 (19 CFR 12.74) that conformed to the regulations adopted
by the EPA in order to ensure the compliance of the aforementioned
imported nonroad engines with applicable EPA emissions standards
required by law.
The EPA has now issued regulations in 40 CFR part 91, establishing
emissions standards as well for new marine spark-ignition engines (see
61 FR 52088 (October 4, 1996) for the background and development of the
EPA regulations).
Accordingly, Sec. 12.74 is hereby amended to include marine spark-
ignition engines among those imported nonroad engines that are subject
to applicable EPA emissions standards. Furthermore, Customs has
determined to abbreviate significantly Sec. 12.74 by simply referencing
the EPA regulations concerned, and eliminating the unnecessary,
extensive replication of the particular admission requirements for
subject nonroad engines that are already contained in the EPA
regulations.
Inapplicability of Public Notice and Comment and Delayed Effective
Date Requirements, the Regulatory Flexibility Act, and Executive
Order 12866
Inasmuch as these amendments merely conform the Customs Regulations
to existing law and regulation as noted above, pursuant to 5 U.S.C.
553(b)(B), notice and public
[[Page 29122]]
procedure thereon are unnecessary and pursuant to 5 U.S.C. 553(d)(3), a
delayed effective date is not required. Since this document is not
subject to the notice and public procedure requirements of 5 U.S.C.
553, it is not subject to the provisions of the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Nor do these amendments meet the criteria
for a ``significant regulatory action'' under E.O. 12866.
List of Subjects in 19 CFR Part 12
Customs duties and inspection, Entry of merchandise, Imports,
Prohibited merchandise, Restricted merchandise, Reporting and
recordkeeping requirements, Vehicles.
Amendments to the Regulations
Part 12, Customs Regulations (19 CFR part 12), is amended as set
forth below.
PART 12--SPECIAL CLASSES OF MERCHANDISE
1. The general authority citation for part 12, and the specific
authority citation for Sec. 12.74, continue to read as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 20,
Harmonized Tariff Schedule of the United States (HTSUS)), 1624;
* * * * *
Sections 12.73 and 12.74 also issued under 19 U.S.C. 1484, 42
U.S.C. 7522, 7601;
* * * * *
2. Section 12.74 is revised to read as follows:
Sec. 12.74 Nonroad engine compliance with Federal antipollution
emission requirements.
(a) Applicability of EPA regulations. The requirements governing
the importation of nonroad engines subject to conformance with
applicable emissions standards of the U.S. Environmental Protection
Agency (EPA) are contained in EPA regulations, issued under the Clean
Air Act, as amended (42 U.S.C. 7401 et seq.). These EPA regulations
should be consulted for detailed information as to the admission
requirements for subject nonroad engines, as follows:
(1) For nonroad compression-ignition engines at or above 37
kilowatts, see 40 CFR part 89, subpart G;
(2) For nonroad spark-ignition engines at or below 19 kilowatts,
see 40 CFR part 90, subpart G; and
(3) For marine spark-ignition engines, see 40 CFR part 91, subpart
H.
(b) Admission of nonconforming nonroad engines. (1) EPA declaration
required. EPA Form 3520-21, ``Importation of Nonroad Engines and
Nonroad Engines Incorporated Into Nonroad Equipment or Vehicles,
Subject to Federal Air Pollution Regulations'', must be completed by
the importer and retained on file by him before making a customs entry
for such nonroad engines/equipment/vehicles.
(2) Retention and submission of records to Customs. Documents
supporting the information required in the EPA declaration must be
retained by the importer for a period of at least 5 years in accordance
with Sec. 162.1c of this chapter and shall be provided to Customs upon
request.
(c) Release under bond. (1) Conditional admission. If the EPA
declaration states that the entry for a nonconforming nonroad engine is
being filed under one of the exemptions described in paragraphs
(c)(3)(i) through (c)(3)(iv) of this section, under which the engine
must be conditionally admitted under bond, the entry for such engine
shall be accepted only if a bond is given on Customs Form 301
containing the conditions set forth in Sec. 113.62 of this chapter for
the presentation of an EPA statement that the engine has been brought
into conformity with Federal emissions requirements.
(2) Final admission. Should final admission be sought and granted
pursuant to EPA regulations for an engine conditionally admitted
initially under one of the exemptions described in paragraphs (c)(3)(i)
through (c)(3)(iv) of this section, the importer or consignee shall
deliver to the port director the prescribed statement. The statement
shall be delivered within the period authorized by EPA for the specific
exemption, or such additional period as the port director of Customs
may allow for good cause shown. Otherwise, the importer or consignee
shall deliver or cause to be delivered to the port director the subject
engine, either for export or other disposition under applicable Customs
laws and regulations (see paragraph (e) of this section). If such
engine is not redelivered within 5 days following the allotted period,
liquidated damages shall be assessed in the full amount of the bond, if
a single entry bond, or if a continuous bond, the amount that would
have been taken under a single entry bond (see 40 CFR 89.612-96(d),
90.613(c) & (d), 91.705(c) & (d)).
(3) Exemptions. The specific exemptions under which a nonconforming
nonroad engine may be conditionally admitted, and for which a Customs
bond is required, are as follows:
(i) Repairs or alterations (see 40 CFR 89.611-96(b)(1),
90.612(b)(1), 91.704(b)(1));
(ii) Testing (see 40 CFR 89.611-96(b)(2), 90.612(b)(2),
91.704(b)(2));
(iii) Precertification (see 40 CFR 89.611-96(b)(3), 89.906); and
(iv) Display (see 40 CFR 89.611-96(b)(4), 90.612(b)(3),
91.704(b)(3)).
(d) Notice of inadmissibility or detention. If an engine is found
to be inadmissible either before or after release from Customs custody,
the importer or consignee shall be notified in writing of the
inadmissibility determination and/or redelivery requirement. However,
an engine which cannot be released merely due to a failure to furnish
with the entry any documentary information as required by EPA shall be
held in detention by the port director for a period not to exceed 30
days after filing of the entry at the risk and expense of the importer
pending submission of the missing information. An additional 30-day
extension may be granted by the port director upon application for good
cause shown. If at the expiration of a period not over 60 days the
required documentation has not been filed, a notice of inadmissibility
will be issued.
(e) Disposal of engines not entitled to admission; prohibited
importations. A nonroad engine denied admission under EPA regulations
shall be disposed of consistent with such EPA regulations and in
accordance with applicable Customs laws and regulations. The
importation of nonroad engines otherwise than as prescribed under EPA
regulations is prohibited.
Douglas M. Browning,
Acting Commissioner of Customs.
Approved: May 6, 1998.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 98-14164 Filed 5-27-98; 8:45 am]
BILLING CODE 4820-02-P