Delay of Effective Date for Importations of Certain Vehicles and Engines Subject to Federal Antipollution Emission Standards

Kevin K. McAleenan
Department of Homeland Security
Timothy E. Skud
Department of the Treasury
27 January 2017

[Federal Register Volume 82, Number 17 (Friday, January 27, 2017)]
[Rules and Regulations]
[Pages 8589-8590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01963]


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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; CBP Dec. 16-29]
RIN 1515-AE11


Delay of Effective Date for Importations of Certain Vehicles and 
Engines Subject to Federal Antipollution Emission Standards

AGENCIES: U.S. Customs and Border Protection, Department of Homeland 
Security; Department of the Treasury.

ACTION: Final rule; delay of effective date.

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SUMMARY: On December 27, 2016, U.S. Customs and Border Protection (CBP) 
published a Final Rule in the Federal Register announcing amendments to 
CBP regulations relating to the importation into the United States of 
certain vehicles and engines under the Clean Air Act (CAA) in order to 
harmonize the documentation requirements applicable to different 
classes of vehicles and engines that are subject to the CAA's emission 
standards. That document further amended the regulations to permit 
importers to file the required U.S. Environmental Protection Agency 
(EPA) Declaration Forms with CBP electronically, and amended non-
substantive provisions to update regulatory citations and delete 
obsolete provisions. The changes announced in that Final Rule were to 
be effective January 26, 2017. This notice announces that the effective 
date of the Final Rule is delayed for 60 days from January 20, 2017.

DATES: This regulation is effective January 25, 2017. The effective 
date of the rule amending 19 CFR part 12 published at 81 FR 94974, 
December 27, 2016 is delayed until March 21, 2017.

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: On December 27, 2016, U.S. Customs and 
Border Protection (CBP) published a Final Rule in the Federal Register 
(81 FR 94974) announcing the amendment of CBP regulations relating to 
the importation into the United States of certain vehicles and engines 
under the Clean Air Act (CAA) in order to harmonize the documentation 
requirements applicable to different classes of vehicles and engines 
that are subject to the CAA's emission standards. The document further 
amended the regulations to permit importers to file the required U.S. 
Environmental protection Agency (EPA) Declaration Forms with CBP 
electronically, and amended non-substantive provisions to update 
regulatory citations and delete obsolete provisions. The rule was to 
become effective on January 26, 2017.
    On January 20, 2017, the Chief of Staff of the White House released 
a memorandum to ensure that the President's appointees or designees 
have the opportunity to review any new or pending regulations. The 
memorandum asks the heads of executive departments and agencies to 
temporarily postpone the effective date for 60 days from the date of 
the memorandum of all regulations that had been published in the 
Federal Register, but had not taken effect. In light of this memo, CBP 
has considered whether entities affected by these final regulations 
will need additional time to implement new systems or internal 
procedural changes. To provide additional time for affected entities to 
become familiar with the increased flexibilities and new processes of 
the final regulations, CBP believes that extending the effective date 
until March 21, 2017 is appropriate and will furnish the affected 
entities with sufficient additional time.

Executive Order 12866

    It has been determined that this final rule is not a significant 
regulatory action as defined in Executive Order 12866. Therefore, a 
Regulatory Assessment is not required.

Regulatory Flexibility Act

    Because no notice of proposed rulemaking is required for this final 
rule, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.) do not apply.

Administrative Procedure Act

    CBP and Treasury, for good cause and the reasons cited above, 
including the brief length of the extension of the effective date, find 
that notice and solicitation of comment regarding the extension of the 
effective date for the final regulation are impracticable, unnecessary, 
or contrary to the public

[[Page 8590]]

interest pursuant to 5 U.S.C. 553(b)(B). CBP and Treasury also believe 
that affected entities need to be informed as soon as possible of the 
extension and its length in order to plan and adjust their 
implementation process accordingly.

Unfunded Mandates Reform Act (Sec. 202, Pub. L. 104-4; 2 U.S.C. 1532)

    CBP and Treasury have concluded the extension of the effective date 
does not contain a Federal mandate that may result in the expenditure 
by State, local and Tribal governments, in aggregate, or by the private 
sector, of $100 million or more (adjusted for inflation) in any one 
year.

Kevin K. McAleenan,
Acting Commissioner, U.S. Customs and Border Protection.
    Approved: January 25, 2017.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2017-01963 Filed 1-25-17; 4:15 pm]
 BILLING CODE 9111-14-P