Emissions Standards for Imported Nonroad Engines

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