82 FR 8589 - Delay of Effective Date for Importations of Certain Vehicles and Engines Subject to Federal Antipollution Emission Standards

DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY

Federal Register Volume 82, Issue 17 (January 27, 2017)

Page Range		8589-8590
FR Document		2017-01963

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.

Federal Register, Volume 82 Issue 17 (Friday, January 27, 2017)

[Federal Register Volume 82, Number 17 (Friday, January 27, 2017)]
[Rules and Regulations]
[Pages 8589-8590]
From the Federal Register Online  [www.thefederalregister.org]
[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

Federal Register / Vol. 82, No. 17 / Friday, January 27, 2017 / Rules and Regulations 8589

SUPPLEMENTARY INFORMATION: DEPARTMENT OF HOMELAND FR 94974) announcing the amendment
SECURITY of CBP regulations relating to the
I. Public Participation importation into the United States of
Interested persons are invited to U.S. Customs and Border Protection certain vehicles and engines under the
participate in this rulemaking by Clean Air Act (CAA) in order to
DEPARTMENT OF THE TREASURY harmonize the documentation
submitting written data, views, or
requirements applicable to different
arguments on all aspects of the interim
19 CFR Part 12 classes of vehicles and engines that are
rule. U.S. Customs and Border
[USCBP–2016–0011; CBP Dec. 16–29] subject to the CAA’s emission
Protection (CBP) also invites comments standards. The document further
that relate to the economic, RIN 1515–AE11 amended the regulations to permit
environmental, or federalism effects that importers to file the required U.S.
might result from this interim rule. Delay of Effective Date for Environmental protection Agency (EPA)
Comments that will provide the most Importations of Certain Vehicles and Declaration Forms with CBP
assistance to CBP will reference a Engines Subject to Federal electronically, and amended non-
specific portion of the interim rule, Antipollution Emission Standards substantive provisions to update
explain the reason for any AGENCIES: U.S. Customs and Border regulatory citations and delete obsolete
recommended change, and include data, Protection, Department of Homeland provisions. The rule was to become
information, or authority that support Security; Department of the Treasury. effective on January 26, 2017.
such recommended change. See ACTION: Final rule; delay of effective
On January 20, 2017, the Chief of Staff
ADDRESSES above for information on date. of the White House released a
how to submit comments. memorandum to ensure that the
SUMMARY: On December 27, 2016, U.S. President’s appointees or designees
II. Background Customs and Border Protection (CBP) have the opportunity to review any new
published a Final Rule in the Federal or pending regulations. The
On December 20, 2016, CBP
Register announcing amendments to memorandum asks the heads of
published in the Federal Register (81
CBP regulations relating to the executive departments and agencies to
FR 92978) an Interim Final Rule (CBP temporarily postpone the effective date
importation into the United States of
Dec. No. 16–26) that amended the CBP certain vehicles and engines under the for 60 days from the date of the
regulations establishing the Centers of Clean Air Act (CAA) in order to memorandum of all regulations that had
Excellence and Expertise (‘‘Centers’’) as harmonize the documentation been published in the Federal Register,
a permanent organizational component requirements applicable to different but had not taken effect. In light of this
of the agency and transitioning certain classes of vehicles and engines that are memo, CBP has considered whether
additional trade functions to the subject to the CAA’s emission entities affected by these final
Centers. The document solicited public standards. That document further regulations will need additional time to
comments in the interim rule, and amended the regulations to permit implement new systems or internal
requested that submitted comments be importers to file the required U.S. procedural changes. To provide
received by CBP on or before January Environmental Protection Agency (EPA) additional time for affected entities to
19, 2017. The effective date of the Declaration Forms with CBP become familiar with the increased
interim rule is January 19, 2017. electronically, and amended non- flexibilities and new processes of the
substantive provisions to update final regulations, CBP believes that
Extension of Comment Period regulatory citations and delete obsolete extending the effective date until March
With the goal of establishing the most provisions. The changes announced in 21, 2017 is appropriate and will furnish
effective and transparent procedures as that Final Rule were to be effective the affected entities with sufficient
possible for CBP to establish the Centers January 26, 2017. This notice announces additional time.
as a permanent organizational that the effective date of the Final Rule Executive Order 12866
is delayed for 60 days from January 20,
component of the agency, CBP believes It has been determined that this final
2017.
that it is very important to have as much rule is not a significant regulatory action
DATES: This regulation is effective
public participation as possible in the as defined in Executive Order 12866.
January 25, 2017. The effective date of
formulation of the final rule that Therefore, a Regulatory Assessment is
the rule amending 19 CFR part 12
establishes those procedures for CBP. not required.
published at 81 FR 94974, December 27,
Therefore, CBP has decided to allow 2016 is delayed until March 21, 2017. Regulatory Flexibility Act
additional time for the public to submit
FOR FURTHER INFORMATION CONTACT: For Because no notice of proposed
comments on the final rule.
questions related to the filing of EPA rulemaking is required for this final
Accordingly, the comment period is forms with CBP, please contact William
extended to March 20, 2017. rule, the provisions of the Regulatory
Scopa, Partner Government Agencies Flexibility Act (5 U.S.C. 601 et seq.) do
Dated: January 18, 2017. Interagency Collaboration Division, not apply.
Richard F. DiNucci, Office of Trade, Customs and Border
Protection, at William.R.Scopa@ Administrative Procedure Act
Executive Director, Cargo and Conveyance
Security, Office of Field Operations. cbp.dhs.gov. For questions related to CBP and Treasury, for good cause and
jstallworth on DSK7TPTVN1PROD with RULES

[FR Doc. 2017–01580 Filed 1–26–17; 8:45 am]
EPA’s vehicle and engine imports the reasons cited above, including the
program, please contact Holly Pugliese brief length of the extension of the
BILLING CODE 9111–14–P
at pugliese.holly@epa.gov. effective date, find that notice and
SUPPLEMENTARY INFORMATION: On solicitation of comment regarding the
December 27, 2016, U.S. Customs and extension of the effective date for the
Border Protection (CBP) published a final regulation are impracticable,
Final Rule in the Federal Register (81 unnecessary, or contrary to the public

VerDate Sep<11>2014 13:55 Jan 26, 2017 Jkt 241001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\27JAR1.SGM 27JAR1

8590 Federal Register / Vol. 82, No. 17 / Friday, January 27, 2017 / Rules and Regulations

interest pursuant to 5 U.S.C. 553(b)(B). Final Rule were to be effective January Executive Order 12866
CBP and Treasury also believe that 26, 2017. This notice announces that the It has been determined that this final
affected entities need to be informed as effective date of the Final Rule is rule is not a significant regulatory action
soon as possible of the extension and its delayed for 60 days from January 20, as defined in Executive Order 12866.
length in order to plan and adjust their 2017. Therefore, a Regulatory Assessment is
implementation process accordingly. not required.
DATES: This regulation is effective
Unfunded Mandates Reform Act (Sec. January 25, 2017. The effective date of Regulatory Flexibility Act
202, Pub. L. 104–4; 2 U.S.C. 1532) the rule amending 19 CFR parts 12 and
127 published at 81 FR 94980, Because no notice of proposed
CBP and Treasury have concluded the
December 27, 2016 is delayed until rulemaking is required for this final
extension of the effective date does not
March 21, 2017. rule, the provisions of the Regulatory
contain a Federal mandate that may
Flexibility Act (5 U.S.C. 601 et seq.) do
result in the expenditure by State, local FOR FURTHER INFORMATION CONTACT: For
not apply.
and Tribal governments, in aggregate, or questions related to the filing of EPA
by the private sector, of $100 million or forms with CBP, please contact William Administrative Procedure Act
more (adjusted for inflation) in any one Scopa, Partner Government Agencies CBP and Treasury, for good cause and
year. Interagency Collaboration Division, the reasons cited above, including the
Office of Trade, Customs and Border brief length of the extension of the
Kevin K. McAleenan,
Protection, at William.R.Scopa@ effective date, find that notice and
Acting Commissioner, U.S. Customs and
cbp.dhs.gov. For EPA policy questions, solicitation of comment regarding the
Border Protection.
please contact Harlan Weir, at extension of the effective date for the
Approved: January 25, 2017.
Weir.Harlan@epa.gov. final regulation are impracticable,
Timothy E. Skud,
SUPPLEMENTARY INFORMATION: On unnecessary, or contrary to the public
Deputy Assistant Secretary of the Treasury.
December 27, 2016, U.S. Customs and interest pursuant to 5 U.S.C. 553(b)(B).
[FR Doc. 2017–01963 Filed 1–25–17; 4:15 pm]
Border Protection (CBP) published a CBP and Treasury also believe that
BILLING CODE 9111–14–P
Final Rule in the Federal Register (81 affected entities need to be informed as
FR 94980) announcing the amendment soon as possible of the extension and its
DEPARTMENT OF HOMELAND of CBP regulations regarding the length in order to plan and adjust their
SECURITY requirement to file a Toxic Substances implementation process accordingly.
Control Act (TSCA) certification when
importing into the United States Unfunded Mandates Reform Act (Sec.
U.S. Customs and Border Protection 202, Pub. L. 104–4; 2 U.S.C. 1532)
chemicals in bulk form or as part of
DEPARTMENT OF THE TREASURY mixtures and articles containing a CBP and Treasury have concluded the
chemical or mixture. The document extension of the effective date does not
19 CFR Parts 12 and 127 amended the regulations to permit contain a Federal mandate that may
importers to file the required U.S. result in the expenditure by State, local
[USCBP–2016–0056; CBP Dec. 16–28]
Environmental Protection Agency (EPA) and Tribal governments, in aggregate, or
RIN 1515–AE13 TSCA certifications electronically, to by the private sector, of $100 million or
clarify and add certain definitions, and more (adjusted for inflation) in any one
Delay of Effective Date for Toxic to eliminate the paper-based blanket year.
Substance Control Act Chemical certification process. The final rule was
Substance Import Certification Kevin K. McAleenan,
to become effective on January 26, 2017.
Process Revisions Acting Commissioner, U.S. Customs and
On January 20, 2017, the Chief of Staff Border Protection.
AGENCY: U.S. Customs and Border of the White House released a
Approved: January 25, 2017.
Protection, Department of Homeland memorandum to ensure that the
President’s appointees or designees Timothy E. Skud,
Security; Department of the Treasury.
have the opportunity to review any new Deputy Assistant Secretary of the Treasury.
ACTION: Final rule; delay of effective
or pending regulations. The [FR Doc. 2017–01962 Filed 1–25–17; 4:15 pm]
date.
memorandum asks the heads of BILLING CODE 9111–14–P
SUMMARY: On December 27, 2016, U.S. executive departments and agencies to
Customs and Border Protection (CBP) temporarily postpone the effective date
published a Final Rule in the Federal for 60 days from the date of the DEPARTMENT OF JUSTICE
Register announcing amendments to memorandum of all regulations that had
CBP regulations regarding the been published in the Federal Register, Drug Enforcement Administration
requirement to file a Toxic Substances but had not taken effect. In light of this
Control Act (TSCA) certification when memo, CBP has considered whether 21 CFR Part 1308
importing into the customs territory of entities affected by these final
the United States chemicals in bulk regulations will need additional time to [Docket No. DEA–402]
form or as part of mixtures and articles implement new systems or internal
containing a chemical or mixture. That procedural changes. To provide Schedules of Controlled Substances:
document amended the regulations to additional time for affected entities to Extension of Temporary Placement of
jstallworth on DSK7TPTVN1PROD with RULES

establish an electronic option for become familiar with the increased THJ–2201, AB–PINACA and AB–
importers to file the required U.S. flexibilities and new processes of the CHMINACA in Schedule I of the
Environmental Protection Agency (EPA) final regulations, CBP believes that Controlled Substances Act
TSCA certifications, to clarify and add extending the effective date until March AGENCY: Drug Enforcement
certain definitions, and to eliminate the 21, 2017 is appropriate and will furnish Administration, Department of Justice.
paper-based blanket certification the affected entities with sufficient
ACTION: Temporary order.
process. The changes announced in that additional time.

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Document Created: 2017-01-27 00:11:20
Document Modified: 2017-01-27 00:11:20

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; delay of effective date.
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.
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 [email protected] For questions related to EPA's vehicle and engine imports program, please contact Holly Pugliese at [email protected].gov.
FR Citation		82 FR 8589
RIN Number		1515-AE11

82 FR 8589 - Delay of Effective Date for Importations of Certain Vehicles and Engines Subject to Federal Antipollution Emission Standards

DEPARTMENT OF HOMELAND SECURITYU.S. Customs and Border ProtectionDEPARTMENT OF THE TREASURY

Federal Register Volume 82, Issue 17 (January 27, 2017)

DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY