[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR204.5-2]

[Page 87-88]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 204--NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 204.5-2  National security exemptions.

    (a) A new product which is produced to conform with specifications 
developed by a national security agency, and so labeled or marked on the 
outside of the container and on the product itself, shall be exempt from 
the prohibitions of sections 10(a) (1), (2), (3), and (4) of the Act.
    (b) No request for a national security exemption is required.
    (c) For purposes of section 11(d) of the Act, any national security 
exemption shall be void ab initio with respect to each new product, 
originally intended to be produced to conform with specifications 
developed by a national security agency but distributed in commerce for 
other uses.
    (d) Any manufacturer or person subject to the liabilities of section 
11(a) with respect to any product originally intended for a national 
security agency, but distributed in commerce for use in any State, may 
be excluded from the

[[Page 88]]

application of section 11(a) with respect to such product based upon a 
showing that such manufacturer:
    (1) Had no knowledge of such product being distributed in commerce 
for use in any state; and
    (2) Made reasonable efforts to ensure that such products would not 
be distributed in commerce for use in any State. Such reasonable efforts 
would include investigation, prior dealings, contract provisions, etc.

[47 FR 57711, Dec. 28, 1982]