[Code of Federal Regulations]
[Title 40, Volume 30]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR1039.260]

[Page 499-500]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 1039_CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD 
COMPRESSION-IGNITION ENGINES--Table of Contents
 
                  Subpart C_Certifying Engine Families
 
Sec. 1039.260  What provisions apply to engines that are conditionally 
exempted from certification?

    As specified elsewhere in this part or in 40 CFR part 1068, you may 
in some cases introduce engines into commerce that are exempt from the 
requirement

[[Page 500]]

to certify engines to the otherwise applicable standards. If we specify 
alternate standards as a condition of the exemption, all the following 
provisions apply:
    (a) Your engines must meet the alternate standards we specify in the 
exemption section, and all other requirements applicable to engines that 
are subject to such standards.
    (b) You need not apply for and receive a certificate for the exempt 
engines. However, you must comply with all the requirements and 
obligations that would apply to the engines if you had received a 
certificate of conformity for them, unless we specifically waive certain 
requirements.
    (c) You must have emission data from testing engines using the 
appropriate procedures that demonstrate compliance with the alternate 
standards, unless the engines are identical in all material respects to 
engines that you have previously certified to standards that are the 
same as, or more stringent than, the alternate standards.
    (d) Unless we specify otherwise elsewhere in this part or in 40 CFR 
part 1068, you must meet the labeling requirements in Sec. 1039.135, 
with the following exceptions:
    (1) Instead of the engine family designation specified in Sec. 
1039.135(c)(3), use a modified designation to identify the group of 
engines that would otherwise be included in the same engine family.
    (2) Instead of the compliance statement in Sec. 1039.135(c)(12), 
add the following statement: ``THIS ENGINE MEETS U.S. EPA EMISSION 
STANDARDS UNDER 40 CFR 1039.260.''.
    (e) You may not generate ABT credits with engines meeting 
requirements under the provisions of this section.
    (f) Keep records to show that you meet the alternate standards, as 
follows:
    (1) If your exempted engines are identical to previously certified 
engines, keep your most recent application for certification for the 
certified engine family.
    (2) If you previously certified a similar engine family, but have 
modified the exempted engine in a way that changes it from its 
previously certified configuration, keep your most recent application 
for certification for the certified engine family, a description of the 
relevant changes, and any test data or engineering evaluations that 
support your conclusions.
    (3) If you have not previously certified a similar engine family, 
keep all the records we specify for the application for certification 
and the additional records we specify in Sec. 1039.250(b)(3).
    (g) We may require you to send us an annual report of the engines 
you produce under this section.

Subpart D [Reserved]