[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