[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: 40CFR204.5-3]

[Page 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. 204.5-3  Export exemptions.

    (a) A new product intended solely for export, and so labeled or 
marked on the outside of the container and on the product itself, shall 
be exempt from the prohibitions of section 10(a), (1), (2), (3), and (4) 
of the Act.
    (b) No request for an export exemption is required.
    (c) For purposes of section 11(d) of the Noise Control Act, any 
export exemption under section 10(b)(2) shall be void ab initio with 
respect to each new product intended solely for export which is 
distributed in commerce for use in any state.
    (d) The Administrator will not institute proceedings against any 
manufacturer pursuant to section 11(d)(1) of the Noise Control Act with 
respect to any product, originally intended for export, but distributed 
in commerce for use in any state, if it is demonstrated to the 
Administrator's satisfaction that:
    (1) The manufacturer had no knowledge that such product would be 
distributed in commerce for use in any state; and
    (2) The manufacturer made reasonable efforts to ensure that such 
product would not be distributed in commerce for use in any state. Such 
reasonable efforts would include consideration of prior dealings with 
any person which resulted in introduction into commerce of a product 
manufactured for export only, investigation of prior instances known to 
the manufacturer of introduction into commerce of a product manufactured 
for export only, and contract provisions which minimize the probability 
of introduction into commerce of a product manufactured for export only.

[41 FR 2172, Jan. 14, 1976, as amended at 42 FR 61454, Dec. 5, 1977. 
Redesignated at 47 FR 57711, Dec. 28, 1982]