[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: 40CFR205.5-3]

[Page 106]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 205--TRANSPORTATION EQUIPMENT NOISE EMISSION CONTROLS--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 205.5-3  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, the 
Administrator may consider any export exemption under section 10(b)(2) 
as void ab initio with respect to each new product intended solely for 
export which is distributed in commerce for use in any State.
    (d) In deciding whether to institute proceedings against a 
manufacturer pursuant to section 11(d)(1) of the Act with respect to any 
product originally intended solely for export but distributed in 
commerce for use in any state, the Administrator will consider:
    (1) Whether the manufacturer had knowledge that such product would 
be distributed in commerce for use in any state; and
    (2) Whether 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 15544, Apr. 13, 1976, as amended at 42 FR 61457, Dec. 5, 1977. 
Redesignated at 47 FR 57714, Dec. 28, 1982]