Federal Register / Vol. 63, No. 102 /Thursday, May 28, 1998 /Rules and Regulations 29121

(k) Question 11: May I submit my own

statement to the Commission

responding to the company’s

arguments?

Yes, you may submit a response, but

it is not required. You should try to

submit any response to us, with a copy

to the company, as soon as possible after

the company makes its submission. This

way, the Commission staff will have

time to consider fully your submission

before it issues its response. You should

submit six paper copies of your

response.

(l) Question 12: If the company

includes my shareholder proposal in its

proxy materials, what information about

me must it include along with the

proposal itself?

(1) The company’s proxy statement

must include your name and address, as

well as the number of the company’s

voting securities that you hold.

However, instead of providing that

information, the company may instead

include a statement that it will provide

the information to shareholders

promptly upon receiving an oral or

written request.

(2) The company is not responsible

for the contents of your proposal or

supporting statement.

(m) Question 13: What can I do if the

company includes in its proxy

statement reasons why it believes

shareholders should not vote in favor of

my proposal, and I disagree with some

of its statements?

(1) The company may elect to include

in its proxy statement reasons why it

believes shareholders should vote

against your proposal. The company is

allowed to make arguments reflecting its

own point of view, just as you may

express your own point of view in your

proposal’s supporting statement.

(2) However, if you believe that the

company’s opposition to your proposal

contains materially false or misleading

statements that may violate our antifraud rule, § 240.142–9, you should

promptly send to the Commission staff

and the company a letter explaining the

reasons for your view, along with a copy

of the company’s statements opposing

your proposal. To the extent possible,

your letter should include specific

factual information demonstrating the

inaccuracy of the company’s claims.

Time permitting, you may wish to try to

work out your differences with the

company by yourself before contacting

the Commission staff.

(3) We require the company to send

you a copy of its statements opposing

your proposal before it mails its proxy

materials, so that you may bring to our

attention any materially false or

misleading statements, under the

following timeframes:

(i) If our no-action response requires

that you make revisions to your

proposal or supporting statement as a

condition to requiring the company to

include it in its proxy materials, then

the company must provide you with a

copy of its opposition statements no

later than 5 calendar days after the

company receives a copy of your revised

proposal; or

(ii) In all other cases, the company

must provide you with a copy of its

opposition statements no later than 30

calendar days before its files definitive

copies of its proxy statement and form

of proxy under § 240.14a–6.

Dated: May 21, 1998.

By the Commission.

Margaret McFarland,

Deputy Secretary.

[FR Doc. 98–14121 Filed 5–27–98; 8:45 am]

BILLING CODE 8010–01–P

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.

SUMMARY: This document amends the

Customs Regulations, in conformance

with regulations of the U.S.

Environmental Protection Agency

(EPA), in order to include marine sparkignition 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 onhighway 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 § 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, § 12.74 is hereby

amended to include marine sparkignition engines among those imported

nonroad engines that are subject to

applicable EPA emissions standards.

Furthermore, Customs has determined

to abbreviate significantly § 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
29122 Federal Register / Vol. 63, No. 102 /Thursday, May 28, 1998 /Rules and Regulations

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 § 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:

§ 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 § 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

§ 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

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 24

[T.D. 98–51]

RIN 1515–AC26

Automated Clearinghouse Credit

AGENCY: U.S. Customs Service,

Department of the Treasury.

ACTION: Interim rule; solicitation of

comments.

SUMMARY: This document amends the

Customs Regulations on an interim basis

to provide for payments of funds to

Customs by Automated Clearinghouse

(ACH) credit. Under ACH credit, a payer