Importations of Certain Vehicles and Engines Subject to Federal Antipollution Emission Standards |
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Timothy E. Skud
Department of Homeland Security
R. Gil Kerlikowske
Department of the Treasury
17 August 2016
[Federal Register Volume 81, Number 159 (Wednesday, August 17, 2016)]
[Proposed Rules]
[Pages 54763-54768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18761]
[[Page 54763]]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Part 12
[USCBP-2016-0011]
RIN 1515-AE11
Importations of Certain Vehicles and Engines Subject to Federal
Antipollution Emission Standards
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security; Department of the Treasury.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This document proposes amendments to the U.S Customs and
Border Protection (CBP) regulations relating to the importation into
the United States of certain vehicles and engines subject to federal
antipollution emission standards under the Clean Air Act (CAA).
Compliance with these emission standards must be demonstrated to CBP by
either filing, or retaining and producing upon request, the appropriate
U.S. Environmental Protection Agency (EPA) declaration form or by
establishing that the subject imports are exempt from this requirement.
CBP is proposing to amend its regulations to harmonize the
documentation requirements applicable to different classes of vehicles
and engines that are subject to the CAA's emission standards. This
document also proposes to permit the required EPA emission compliance
forms to be filed with CBP electronically. CBP is proposing other non-
substantive amendments to update regulatory citations and delete
obsolete provisions. The proposed changes set forth in this document
support consistency in the administration of CBP's vehicle and engine
imports program. In addition, electronic filing of EPA declaration
forms will support key modernization initiatives, expedite the entry
and clearance process, enhance targeting and enforcement objectives,
and connect CBP with partner government agencies and the trade
community through a single window access point.
DATES: Comments on the proposed rule must be received on or before
September 16, 2016.
ADDRESSES: You may submit comments, identified by docket number, by one
of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments via docket number USCBP
2016-0011.
Mail: Trade and Commercial Regulations Branch, Office of
Trade, Regulations and Rulings, U.S. Customs and Border Protection, 90
K Street NE., 10th Floor, Washington, DC 20229-1177.
Instructions: All submissions received must include the agency name
and docket number for this proposed rulemaking. All comments received
will be posted without change to http://www.regulations.gov, including
any personal information provided. For detailed instructions on
submitting comments and additional information on the proposed
rulemaking process, see the ``Public Participation'' heading of the
SUPPLEMENTARY INFORMATION section of this document.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov. Submitted comments
may also be inspected during regular business days between the hours of
9 a.m. and 4:30 p.m. at the Trade and Commercial Regulations Branch,
Office of Trade, Regulations and Rulings, U.S. Customs and Border
Protection, 90 K Street NE., 10th Floor, Washington, DC. Arrangements
to inspect submitted comments should be made in advance by calling
Joseph Clark at (202) 325-0118.
FOR FURTHER INFORMATION CONTACT: For questions related to the filing of
EPA forms with CBP, please contact William Scopa, Partner Government
Agencies Interagency Collaboration Division, Office of Trade, Customs
and Border Protection, at William.R.Scopa@cbp.dhs.gov. For questions
related to EPA's vehicle and engine imports program, please contact
Holly Pugliese at pugliese.holly@epa.gov.
SUPPLEMENTARY INFORMATION:
Public Participation
Interested persons are invited to participate in this rulemaking by
submitting written data, views, or arguments on all aspects of the
proposed rule. CBP also invites comments that relate to the economic,
environmental, or federalism effects that might result from this
proposed rule. If appropriate to a specific comment, the commenter
should reference the specific portion of the proposed rule, explain the
reason for any recommended change, and include data, information, or
authority that supports such recommended change.
Background
The Clean Air Act (CAA), as amended (42 U.S.C. 7401 et. seq.), is
the comprehensive federal law that regulates air emissions from
stationary and mobile sources. Section 203(a) of the CAA, 42 U.S.C.
7522, prohibits, inter alia, importation into the United States of new
motor vehicles and new motor vehicle engines unless they are covered by
a certificate of conformity as prescribed by regulation authorized by
the CAA. Section 203(b)(2) of the CAA provides that a new motor vehicle
or new motor vehicle engine offered for importation in violation of
section 203(a) will be refused admission into the United States. In
this situation, however, the Secretary of the Treasury and the
Administrator of the U.S. Environmental Protection Agency (EPA) may, by
joint regulation, provide for a deferred final determination as to
admission and authorize delivery of the goods to the importer or
consignee upon such conditions (including the furnishing of a bond) as
may be deemed appropriate. Section 208 of the CAA, 42 U.S.C. 7542,
provides that the Administrator of the EPA may require a manufacturer
to produce, among other items, all records, files, and papers necessary
to demonstrate compliance with applicable CAA provisions. Section
213(d) of the CAA, 42 U.S.C. 7547, requires that nonroad vehicle and
engine standards be enforced in the same manner as those applicable to
onroad vehicles and engines.
These statutory provisions are implemented in the CBP regulations
at Sec. Sec. 12.73 and 12.74 of title 19 of the Code of Federal
Regulations (19 CFR 12.73 and 12.74). Section 12.73 provides for
``[M]otor vehicle and engine compliance with Federal antipollution
emission requirements.'' Corresponding EPA regulations for motor
vehicles and engines are promulgated at 40 CFR parts 85 and 86. Section
12.74 provides for ``[N]onroad and stationary engine compliance with
Federal antipollution emission requirements.'' Corresponding EPA
regulations for nonroad and stationary engine compliance are
promulgated at 40 CFR parts 1033 through 1068.
EPA requires the submission of certain documents for purposes of
compliance with the CAA. EPA makes available EPA Declaration Form 3520-
1 for the importation of passenger vehicles, highway motorcycles, and
their corresponding engines into the United States, and EPA Declaration
Form 3520-21 for the importation of heavy-duty highway engines and
nonroad engines (gas, diesel, marine,
[[Page 54764]]
stationary) into the United States, including engines already installed
in vehicles or equipment. Both forms can be found in fillable .pdf
format on EPA's ``Imports Program'' Web site at http://www.epa.gov/otaq/imports/forms-resources.htm.
Current CBP Filing Requirements for Importations of Certain Vehicles
and Engines Subject to Federal Antipollution Emission Standards
I. 19 CFR 12.73/EPA Declaration Form 3520-1
For importations that are covered by EPA Declaration Form 3520-1,
existing Sec. 12.73(i) of the CBP regulations (19 CFR 12.73(i))
requires importers to file the requisite information with CBP at the
time of entry. An exemption from this requirement exists for motor
vehicle imports that are covered by an EPA Certificate of Conformity
(COC) which are labeled accordingly (see 19 CFR 12.73(b)(1)); for these
vehicles, an importer does not have to file the EPA Declaration Form
3520-1 with CBP at the time of entry, nor is the importer required to
prepare and retain the form as part of its recordkeeping obligations.
Section 12.73(g) also exempts motor vehicles imported by diplomats,
foreign military personnel, and nonresidents from applicable emission
requirements on the condition that the vehicles are not to be resold in
the United States, and provided diplomats and foreign military
personnel meet applicable documentation requirements set forth in
paragraph (i)(4) of this section. In all other instances, the form is
required to be completed and filed with CBP at the time of entry.
II. 19 CFR 12.74/EPA Declaration Form 3520-21
For importations that are covered by EPA Declaration Form 3520-21,
existing Sec. 12.74(b) (19 CFR 12.74(b)) requires importers to prepare
the form and keep it on file for a period of at least five years from
the date of entry in accordance with Sec. 163.4 (19 CFR 163.4). The
form must be made available upon request by CBP. Unlike motor vehicle
manufacturers subject to Sec. 12.73 (19 CFR 12.73), manufacturers that
import products covered by EPA Declaration Form 3520-21 are not exempt
from preparing this form even if the subject goods are covered by an
EPA COC; they are required to prepare EPA Declaration Form 3520-21 and
keep it on file for a period of at least five years from the date of
entry.
Explanation of Proposed Amendments to CBP Regulations
III. Harmonization of Filing Requirements Applicable to EPA Declaration
Forms 3520-1 and 3520-21
In an effort to provide consistency in the administration of CBP's
vehicle and engine imports program so that importers of both road
vehicles and engines, as well as stationary and nonroad engines
(including engines incorporated into vehicles or equipment), are
subject to the same filing and recordkeeping requirements, CBP is
proposing to conform the entry filing requirements applicable to the
EPA Declaration Form 3520-21 to those that currently exist for EPA
Declaration Form 3520-1. Specifically, CBP is proposing to amend 19 CFR
12.74(b) to require that importers of stationary, nonroad or heavy-duty
highway engines (including engines incorporated into vehicles or
equipment) file EPA Declaration Form 3520-21 at the time of entry,
unless exempt. CBP is proposing to exempt an importer that manufactures
nonroad or stationary engines, including engines incorporated into
vehicles and equipment, from the requirement to file an EPA Declaration
Form 3520-21 at the time of entry if that importer holds a valid EPA
COC for those engines and the engines are labeled to show compliance
with applicable emission requirements.
IV. Electronic Filing of EPA Declaration Forms 3520-1 and 3520-21
This document proposes to amend Sec. Sec. 12.73 and 12.74 to
permit the electronic filing of EPA Declaration Forms 3520-1 and 3520-
21 to CBP in the Automated Commercial Environment (ACE) or to any other
CBP-authorized electronic data interchange system. The EPA declaration
forms may also still be filed with CBP in paper with a paper entry
filing at the time of entry.
The electronic filing of these forms will support key modernization
and compliance initiatives of the International Trade Data System, as
established by section 405 of the Security and Accountability for Every
(SAFE) Port Act of 2006, Public Law 109-347, 120 Stat. 1884, by
utilizing a single portal system (ACE) for the collection and
distribution of standard electronic import and export data required by
participating Federal agencies. The electronic transmission to CBP of
EPA declaration forms will automate and enhance the interaction between
the EPA and CBP by facilitating electronic collection, processing,
sharing, and review of requisite trade data and documents during the
cargo import and export process. Electronic filing of these EPA
declaration forms at the time of entry will provide for a quicker and
more efficient clearance process and enhance CBP's ability to conduct
targeting and enforcement of importation requirements. Electronic
filing will also permit CBP to analyze and flag problems immediately,
whereas paper filings result in an ad-hoc process that requires a
physical inspection by a CBP or EPA inspector. CBP is of the view that
requiring EPA Declaration Forms 3520-1 and 3520-21 to be filed with
every appropriate entry (with the exception of certain importing
manufacturers, as described above) will expedite the clearing of
vehicles and engines that are compliant with applicable emissions
requirements.
V. Other Proposed Changes
CBP is proposing other changes to Sec. Sec. 12.73 and 12.74 to
update regulatory citations, delete provisions that are no longer
relevant, and provide non-substantive re-statements of existing
regulatory text to enhance readability. CBP is also updating regulatory
language to ensure that electronic filing can be accommodated. The
proposed changes are described below:
CBP is proposing to amend Sec. 12.73(a) to reflect
updated EPA regulatory citations and to provide a non-substantive re-
statement of the existing regulatory text to enhance readability.
This document proposes to remove Sec. 12.73(c)(3) from
the CBP regulations. Paragraph (c)(3) sets forth requirements for
vehicles participating in EPA-approved catalytic converter or oxygen
sensor control programs. EPA no longer has such programs.
This document proposes to remove Sec. 12.73(c)(4) from
the CBP regulations. Paragraph (c)(4) pertains to vehicles of United
States or foreign origin manufactured with a catalytic converter or
oxygen sensor, or any previously imported vehicle subsequently modified
with a catalytic converter or oxygen sensor. Under this provision,
these vehicles are not considered to be in compliance with applicable
emission requirements if used outside of the United States, Canada,
Mexico, or other countries as EPA may designate, until the catalytic
converter and/or oxygen sensor is replaced. This provision was intended
to address vehicles that may have traveled to countries where only
leaded fuel was available, which could have a detrimental effect on
catalytic converters and/or oxygen sensors. Since leaded fuel is no
longer available in
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most countries, it is proposed to delete this provision.
CBP is proposing amendments to Sec. 12.73(d) that further
clarify the role of an Independent Commercial Importer, re-designate
``working'' days as ``business'' days, and provide a re-statement of
existing regulatory text for enhanced readability.
CBP is proposing amendments to Sec. 12.73(e), in the
introductory paragraph and paragraph (e)(4), that enhance readability
and clarify that motorcycles are ``highway'' vehicles.
CBP is proposing to amend Sec. 12.73(f) by requiring that
the designated motor vehicles be ``new'' in order to conform to the EPA
regulatory requirements set forth in 40 CFR 85.1709. CBP also proposes
editorial changes to enhance readability.
In Sec. 12.73(g)(2), CBP is proposing to change the
existing reference to paragraph ``(i)(4)'' to ``(i)(6)'' to reflect
that provision's proposed redesignation.
The proposed amendments to Sec. 12.73(h) enhance
readability, reflect updated regulatory citations, and remove the word
``motor'' from the introductory text and from the regulatory text in
paragraph (h)(5) pertaining to racing cars.
CBP is proposing to amend Sec. 12.73(i) by adding new
paragraphs that prescribe methods of filing the EPA declaration forms
and set forth applicable recordkeeping requirements, and by
redesignating existing paragraph (i)(4) as new paragraph (i)(6).
CBP is proposing to amend existing Sec. 12.73(i)(4),
redesignated in this proposed rule as paragraph (i)(6), by removing the
requirement that diplomats and foreign military personnel must submit
the emission declarations specified in existing 19 CFR 12.73(i)(2)
(redesignated as 19 CFR 12.73(i)(3) in this proposed rule) with their
entry, a copy of the motor vehicle importer's official orders or the
name of the embassy to which the importer is accredited, if applicable.
Pursuant to 19 CFR 148.82, the baggage and effects of diplomatic,
consular, and other privileged personnel representing foreign
governments are admitted free of duty without the filing of an entry
upon the request of the Department of State. As State Department policy
is to require that importation occur through the DS-1504 (``Request for
Customs Clearance of Merchandise'') process and not through the entry
process, it is proposed to amend existing Sec. 12.73(i)(4)--
redesignated as proposed 19 CFR 12.73(i)(6)--to no longer require the
submission of emission documentation, official orders, or embassy
information. Instead, it is proposed that a claim by diplomats and
foreign military personnel for exemption from Sec. 12.73(g)(2)
emission requirements must be supported by a Department of State-
approved form DS-1504 or its electronic equivalent.
Section 12.73(m) is proposed to be amended to reflect
updated EPA regulatory citations.
CBP is proposing to amend Sec. Sec. 12.73(j) and
12.74(c)(1) by adding language stating that bonds may be submitted to
CBP electronically and may be filed by a surety.
This document proposes to remove Sec. 12.74(a)(1)-(3)
from the CBP regulations as these paragraphs refer to obsolete EPA
regulatory sections, and to add language clarifying the scope of the
applicable EPA emission regulations.
This document proposes to remove Sec. 12.74(c)(3)(iv)
from the CBP regulations. Paragraph (c)(3)(iv) prescribes
precertification for vehicles, engines and equipment. This provision
refers to obsolete requirements found in EPA regulation 40 CFR
89.611(b)(3) regarding Independent Commercial Importers. EPA will make
conforming amendments to its regulations to delete this provision.
CBP is proposing to amend Sec. 12.74(c)(3) to add
exemptions that conditionally allow for the importation of
nonconforming vehicles, engines, and equipment. Exemptions for
diplomatic and military personnel (40 CFR 1068.325(e)), partially
complete engines (40 CFR 1068.325(f)), and delegated assembly (40 CFR
1068.325(g)) were codified in EPA regulations since changes were last
made to 19 CFR 12.74(c)(3) and are being proposed to be added to 19 CFR
12.74(c)(3) to ensure consistency with EPA regulations.
CBP is proposing editorial amendments to Sec. 12.74(d) to
enhance readability.
VI. Conforming Changes to EPA Regulations
EPA regulations at 40 CFR parts 85 and 1068 also contain provisions
related to the importation of vehicles, engines, and equipment. To the
extent necessary to reflect the changes to the CBP regulations proposed
in this document, EPA will make conforming amendments to its
regulations in a separate action.
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule is not a ``significant regulatory action,''
under section 3(f) of Executive Order 12866. Accordingly, the Office of
Management and Budget (OMB) has not reviewed this regulation.
Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et. seq.), as amended
by the Small Business Regulatory Enforcement and Fairness Act of 1996,
requires agencies to assess the impact of regulations on small
entities. A small entity may be a small business (defined as any
independently owned and operated business not dominant in its field
that qualifies as a small business per the Small Business Act); a small
not-for-profit organization; or a small governmental jurisdiction
(locality with fewer than 50,000 people).
This rule proposes modifications to the requirements for the
submission of EPA Declaration Form 3520-21. Currently, importers are
required to fill out the form, but are only required to submit it to
CBP upon request. This proposed rule, if finalized, would require
importers to file EPA Declaration Form 3520-21 with CBP at the time of
entry, unless the importer is a manufacturer of nonroad or stationary
engines, including engines incorporated into vehicles and equipment,
and holds a valid EPA certificate of conformity for those engines and
the engines are labeled to show compliance with applicable emission
requirements. As this form is already complete at the time of entry,
the cost of submitting it to CBP is negligible. This rule would also
explicitly add electronic filing as an accepted method of form
submission. Importers will still be able to file the form by paper if
they so choose. This change will affect all importers who are covered
by EPA Declaration Form 3520-21, including small importers. Therefore,
it is likely to have an impact on a substantial number of small
entities. However, the only costs to the public are the negligible
costs of submitting the already completed form to CBP along with other
required entry documents. These costs do not rise to the level of
significance. Therefore, CBP certifies that this proposed rule will not
have a significant economic impact on a substantial number of small
entities.
Paperwork Reduction Act
The collection of information contained in this proposed rule was
[[Page 54766]]
previously reviewed and approved by OMB in accordance with the
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3507)
under control numbers OMB 2060-0104 (EPA Declaration Form 3520-1,
``Importation of Motor Vehicles and Motor Vehicle Engines Subject to
Federal Air Pollution Standards''), OMB 2060-0320 (EPA Declaration Form
3520-21, ``Importation of Engines, Vehicles and Equipment Subject to
Federal Air Pollution Standards''), and OMB 1405-0105 (Department of
State form DS-1504, ``Request for Customs Clearance of Merchandise'').
As importers are already required under existing regulations to
complete the EPA declaration forms and either submit them to CBP or
retain them in their records, and the burden estimates in the above-
identified OMB approved information collection requests presume the
forms are submitted to CBP, there are no new collections of information
proposed in this document. In this regard, it is noted that although
existing 19 CFR 12.73 does not expressly require the submission of the
EPA Declaration Form 3520-1, it does require that the same information
captured by that form be submitted to CBP. Similarly, shipments sent
from abroad to foreign diplomatic or consular missions in the U.S., or
their personnel, currently must be cleared by respondents submitting to
CBP a Department of State-approved form DS-1504; therefore, this
document does not impose any new collections of information by
requiring the DS-1504 to be presented to CBP for purposes of claiming
an exemption from emission documentation requirements.
Signing Authority
This proposed regulation is being issued in accordance with 19 CFR
0.1(a)(1) pertaining to the Secretary of the Treasury's authority (or
that of his delegate) to approve regulations related to certain customs
revenue functions.
List of Subjects in 19 CFR Part 12
Air pollution control, Customs duties and inspection, Entry of
merchandise, Imports, Labeling, Reporting and recordkeeping
requirements, Restricted merchandise, Vehicles.
Proposed Amendments to Part 12 of the CBP Regulations
For the reasons set forth in the preamble, CBP proposes to amend 19
CFR part 12 as set forth below:
PART 12--SPECIAL CLASSES OF MERCHANDISE
0
1. The general authority citation for part 12, and the specific
authority citation for sections 12.73 and 12.74, continue to read as
follows:
Authority: 5 U.S.C. 301, 19 U.S.C. 66, 1202 (General Note 3(i),
Harmonized Tariff Schedule of the United States), 1624.
* * * * *
Sections 12.73 and 12.74 also issued under 19 U.S.C. 1484, 42 U.S.C.
7522, 7601;
* * * * *
0
2. Revise the undesignated center heading preceding Sec. 12.73 to read
as follows:
Entry of Motor Vehicles, Engines, and Equipment Containing Engines
Under the Clean Air Act, as Amended
0
3. Section 12.73 is amended by:
0
a. Revising the section heading;
0
b. Revising paragraph (a);
0
c. Removing in paragraph (b)(1) the word ``shall'' and adding in its
place the word ``will''; removing the word ``Customs'' and adding in
its place the term ``CBP'', and; removing the term ``ICI's'' and adding
in its place the words, ``Independent Commercial Importers'';
0
d. Removing in paragraph (b)(2) the word ``Customs'' and adding in its
place the term ``CBP'';
0
e. Removing paragraphs (c)(3) and (4);
0
f. Revising paragraphs (d), (e) introductory text, (e)(4), and (f);
0
g. Removing in paragraph (g)(2) the reference ``(i)(4)'' and adding in
its place the reference ``(i)(6)'';
0
h. Removing in paragraph (h) introductory text the word ``motor'';
0
i. Removing in the first sentence of paragraph (h)(1) the word ``Any''
and adding in its place the words ``A motor vehicle imported for
repairs is any'';
0
j. Removing in the first sentence of paragraph (h)(2) the word ``Any''
and adding in its place the words, ``A test vehicle is any'';
0
k. Removing in the first sentence of paragraph (h)(3) the word ``Any''
and adding in its place the words, ``A prototype vehicle is any'', in
the second sentence, removing the word ``shall'' and adding in its
place the word ``will'', and removing the words ``paragraph (1)'' and
adding in its place the words ``paragraph (l)'';
0
l. Removing in the first sentence of paragraph (h)(4) the word ``Any''
and adding in its place the following words, ``A display vehicle is
any'';
0
m. Revising paragraphs (h)(5) through (7);
0
n. Revising paragraphs (i) through (k);
0
o. Removing in paragraph (l) the word ``shall'' and adding in its place
the word ``will'', and; removing the word ``Customs'' and adding in its
place the word ``CBP''; and
0
p. Revising paragraph (m).
The revisions read as follows:
Sec. 12.73 Importation of motor vehicles and motor vehicle engines.
(a) Applicability of EPA requirements. This section is ancillary to
the regulations of the U.S. Environmental Protection Agency (EPA)
issued under the Clean Air Act, as amended (42 U.S.C. 7401 et seq.),
and found in 40 CFR parts 85, 86, 1036, 1037, and 1068. The EPA
regulations should be consulted for more detailed information
concerning EPA emission requirements. This section applies to imported
motor vehicles; this section also applies to separately imported
engines only if they will be installed in heavy-duty motor vehicles.
All references in this section to ``motor vehicles'' include these
heavy-duty engines. Nothing in this section should be construed as
limiting or changing in any way the applicability of the EPA
regulations.
* * * * *
(d) Importation of vehicles by an Independent Commercial Importer
(ICI). An ICI is generally an importer that does not have a contract
with a foreign or domestic motor vehicle manufacturer for distributing
products into the United States market (see 40 CFR 85.1502). ICIs act
independently of motor vehicle manufacturers, but are required to bring
motor vehicles into compliance with all applicable emissions
requirements found in 40 CFR part 86 and any other applicable
requirements of the Clean Air Act. Before the vehicle is deemed to be
in compliance with applicable emission requirements and finally
admitted into the United States, the ICI must keep the vehicle in
storage for a 15-business day period. This period follows notice to EPA
of completion of the compliance work to give EPA the opportunity to
conduct confirmatory testing and inspect the vehicle and records. The
15-business day period is part of the 120-day period in which an ICI
must bring the vehicle into compliance with applicable emission
requirements. A motor vehicle may also be conditionally admitted by an
ICI if it meets the requirements in 40 CFR 85.1505 or 85.1509.
Individuals and businesses not entitled to enter nonconforming motor
vehicles may arrange for their importation through an ICI certificate
holder. In these circumstances, the ICI will not act as an agent or
broker for CBP transaction purposes unless it is otherwise licensed or
authorized to do so.
[[Page 54767]]
(e) Exemptions and exclusions from emission requirements based on
age of vehicle. The following motor vehicles may be imported by any
person and do not have to be shown to be in compliance with emission
requirements before they are entitled to admissibility:
* * * * *
(4) Highway motorcycles manufactured before January 1, 1978;
* * * * *
(f) Exemption for exports. A new motor vehicle intended solely for
export to a country not having the same emission standards applicable
in the United States is not required to be covered by an EPA
certificate of conformity if both the vehicle and its container bear a
label or tag indicating that it is intended solely for export. 40 CFR
85.1709.
* * * * *
(h) * * *
(5) Racing cars. A racing car is any vehicle that meets one or more
of the criteria found at 40 CFR 85.1703(a), and that will not be
registered or licensed for use on or operated on public roads or
highways in the United States. See also 40 CFR 85.1511(e).
(6) National security importations. A national security importation
includes any motor vehicle imported for purposes of national security
by a manufacturer. 40 CFR 85.1511(c)(1), 85.1702(a)(2) and 85.1708; and
(7) Hardship exemption. A hardship exemption includes any motor
vehicle imported by anyone qualifying for a hardship exemption. 40 CFR
85.1511(c)(2).
(i) Documentation requirements--(1) Exception for certain companies
that manufacture and import motor vehicles. The special documentation
requirements of this paragraph (i) do not apply to the importation of
motor vehicles by the company that manufactures the motor vehicles if
the motor vehicles are covered by a valid EPA Certificate of Conformity
(COC) held by the manufacturer and the motor vehicles are labeled to
show compliance with applicable emission requirements pursuant to
paragraph (b)(1) of this section.
(2) Release. CBP will not release a motor vehicle from custody
unless the importer has submitted all documents necessary to
demonstrate compliance with all applicable laws and regulations.
(3) Required EPA documentation. Unless otherwise exempt, importers
of motor vehicles must submit one of the following EPA declaration
forms to CBP at the time of entry:
(i) For heavy-duty motor vehicle engines, whether they are
installed in a vehicle or separately imported as loose engines, submit
EPA Declaration Form 3520-21, ``Importation of Engines, Vehicles, and
Equipment Subject to Federal Air Pollution Regulations;''
(ii) For all other motor vehicles, submit EPA Declaration Form
3520-1, ``Importation of Motor Vehicles and Motor Vehicle Engines
Subject to Federal Air Pollution Regulations.''
(4) Filing method. The EPA declaration forms required to be
submitted to CBP pursuant to paragraph (i)(3) of this section may be
filed with CBP electronically in the Automated Commercial Environment
(ACE) or via any other CBP-authorized electronic data interchange
system, or as a paper filing at the time of entry.
(5) Recordkeeping. Documents supporting the information required in
EPA Declaration Form 3520-1 must be retained by the importer for a
period of at least five (5) years in accordance with Sec. 163.4 of
this chapter and must be provided to CBP upon request.
(6) Documentation for diplomatic or foreign military personnel
exemption. In order for a diplomat or foreign military personnel to
claim an exemption pursuant to paragraph (g)(2) of this section, CBP
must receive a Department of State-approved form DS-1504 (``Request for
Customs Clearance of Merchandise'') or its electronic equivalent.
(j) Release under bond. If an EPA declaration form filed in
accordance with paragraph (i)(3) of this section states that the entry
is being filed under circumstances described in either paragraphs
(h)(1), (2), (3) or (4) of this section, the entry will be accepted
only if the importer, consignee, or surety, as appropriate, files a
bond containing the bond conditions set forth in Sec. 113.62 of this
chapter, or files a bond electronically in ACE or via any other CBP-
authorized electronic data interchange system, for the production of an
EPA document stating that the vehicle or engine is in conformity with
Federal emission requirements. The importer or consignee must deliver
to the port director documentation of EPA approval before the exemption
expires, or before some later deadline specified by the port director
based on good cause. If the EPA statement is not delivered to the port
director within the specified period, the importer or consignee must
deliver or cause to be delivered to the port director those vehicles
which were released under a bond required by this paragraph. In the
event that the vehicle or engine is not redelivered within five (5)
days following the date the exemption expires or any later deadline
specified by the port director, whichever is later, liquidated damages
will be assessed in the full amount of the bond, if it is a single
entry bond, or if a continuous bond is used, in the amount that would
have been assessed under a single entry bond.
(k) Notices of inadmissibility or detention. If a motor vehicle is
determined to be inadmissible before or after release from CBP custody,
the importer or consignee will be notified in writing of the
inadmissibility determination and/or redelivery requirement. However,
if a motor vehicle cannot be released from CBP custody merely because
the importer has failed to attach to the entry the documentation
required by paragraph (i) of this section, the vehicle will be held in
detention by the port director for a period not to exceed 30-calendar
days after filing of the entry at the risk and expense of the importer
pending submission of the missing documentation. An additional 30-
calendar day extension may be granted by the port director upon
application for good cause shown. If the requisite EPA declaration form
required pursuant to paragraph (i)(3) of this section has not been
filed within this deadline, which must not exceed 60 days from the date
of entry, CBP will issue a notice of inadmissibility.
* * * * *
(m) Prohibited importations. The importation of motor vehicles
other than in accordance with this section and the EPA regulations in
40 CFR parts 85, 86, 600, 1036, 1037, and 1068 is prohibited.
0
4. Section 12.74 amended by:
0
a. Revising the section heading and paragraphs (a) through (d); and
0
b. In paragraph (e) removing the word ``shall' and adding in its place
the word ``must''.
The revisions read as follows:
Sec. 12.74 Importation of nonroad and stationary engines, vehicles,
and equipment.
(a) Applicability of EPA regulations. The requirements governing
the importation of nonroad and stationary engines subject to
conformance with applicable emission standards of the U.S.
Environmental Protection Agency (EPA) are contained in 40 CFR parts
1033 through 1068. These EPA regulations should be consulted for
detailed information as to the admission requirements for subject
nonroad and stationary engines. EPA emission regulations also apply to
vehicles and equipment with installed engines and all references in
this section to nonroad or stationary engines include the vehicles and
equipment in which the
[[Page 54768]]
engines are installed. Nothing in this section may be construed as
limiting or changing in any way the applicability of the EPA
regulations.
(b) Documentation requirements--(1) Exception for certain companies
that manufacture and import nonroad or stationary engines, including
engines incorporated into vehicles and equipment. The special
documentation requirements of this paragraph (b) do not apply to the
importation of nonroad or stationary engines, including engines
incorporated into vehicles or equipment, by the company that
manufactures the engines, provided that the engines are covered by a
valid EPA Certificate of Conformity (COC) held by the importing
manufacturer and bear the manufacturer's label showing such conformity
and other EPA-required information.
(2) Release. CBP will not release engines, vehicles, or equipment
from custody unless the importer has submitted all required documents
to demonstrate that the engines, vehicles, or equipment meet all
applicable requirements.
(3) Required EPA documentation. Importers of nonroad or stationary
engines, including engines incorporated into vehicles and equipment,
must submit EPA Declaration Form 3520-21, ``Importation of Engines,
Vehicles, and Equipment Subject to Federal Air Pollution Regulations,''
to CBP at the time of entry.
(4) Filing method. EPA Declaration Form 3520-21 may be filed with
CBP electronically in the Automated Commercial Environment (ACE) or via
any other CBP-authorized electronic data interchange system, or as a
paper filing at the time of entry.
(5) Recordkeeping. Documents supporting the information required in
EPA Declaration Form 3520-21 must be retained by the importer for a
period of at least five (5) years in accordance with Sec. 163.4 of
this chapter and must be provided to CBP upon request.
(c) Release under bond--(1) Conditional admission. If the EPA
declaration form states that the entry for a nonconforming nonroad
engine is being filed under one of the exemptions described in
paragraph (c)(3) of this section, under which the engine may be
conditionally admitted under bond, the entry will be accepted only if
the importer, consignee, or surety, as appropriate, files a bond
containing the bond conditions set forth in Sec. 113.62(c) of this
chapter, or files a bond electronically in ACE or via any other CBP-
authorized electronic data interchange system, for the production of an
EPA statement that the vehicle or engine is in conformity with Federal
emission 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 paragraph (c)(3) of
this section, the importer or consignee must deliver to the port
director the prescribed statement. The statement must be delivered
within the period authorized by EPA for the specific exemption, or such
additional period as the port director of CBP may allow for good cause
shown. Otherwise, the importer or consignee must deliver or cause to be
delivered to the port director the subject engine, either for export or
other disposition under applicable CBP laws and regulations (see
paragraph (e) of this section). If such engine is not redelivered
within five (5) days following the allotted period, liquidated damages
will 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 assessed
under a single entry bond (see 40 CFR 1068.335).
(3) Exemptions. The specific exemptions under which a nonconforming
nonroad engine may be conditionally admitted, and for which a CBP bond
is required, are as follows:
(i) Repairs or alterations (see 40 CFR 1068.325(a)).
(ii) Testing (see 40 CFR 1068.325(b)).
(iii) Display (see 40 CFR 1068.325(c)).
(iv) Export (see 40 CFR 1068.325(d)).
(v) Diplomatic or military (see 40 CFR 1068.325(e)).
(vi) Delegated assembly (see 40 CFR 1068.325(f)).
(vii) Partially complete engines, vehicles, or equipment (see 40
CFR 1068.325(g).
(d) Notice of inadmissibility or detention. If an engine is found
to be inadmissible either before or after release from CBP custody, the
importer or consignee will be notified in writing of the
inadmissibility determination and/or redelivery requirement. If the
inadmissibility is due to the fact that the importer or consignee did
not file the EPA Declaration Form 3520-21 at the time of entry, the
port director may hold the subject engine in detention at the
importer's risk and expense for up to 30 days from the entry filing
date. The port director may grant the importer's request for a 30-day
extension for good cause. The port director will issue a notice of
inadmissibility if documentation is still incomplete after this
deadline, which must not exceed 60 days from the filing date for
importation.
* * * * *
R. Gil Kerlikowske,
Commissioner.
Approved: August 3, 2016.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2016-18761 Filed 8-16-16; 8:45 am]
BILLING CODE 9111-14-P