[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: 40CFR1068.201]

[Page 699-700]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 1068_GENERAL COMPLIANCE PROVISIONS FOR NONROAD PROGRAMS--Table of Contents
 
                   Subpart C_Exemptions and Exclusions
 
Sec. 1068.201  Does EPA exempt or exclude any engines from the prohibited 
acts?


    We may exempt new engines from the prohibited acts in subpart B of 
this

[[Page 700]]

part under requirements described in this subpart. We may exempt an 
engine already placed in service in the United States from the 
prohibition in Sec. 1068.101(b)(1) if the exemption for engines used 
solely for competition applies (see Sec. 1068.235). In addition, see 
Sec. 1068.1 and the standard-setting parts to determine if other 
engines are excluded from some or all of the regulations in this 
chapter.
    (a) This subpart identifies which engines qualify for exemptions and 
what information we need. We may ask for more information.
    (b) If you violate any of the terms, conditions, instructions, or 
requirements to qualify for an exemption, we may void the exemption.
    (c) If you use an exemption under this subpart, we may require you 
to add a permanent label to your exempted engines. You may ask us to 
approve wording on the emission label different than we specify in this 
subpart if it is more appropriate for your engine.
    (d) If you produce engines we exempt under this subpart, we may 
require you to make and keep records, perform tests, make reports and 
provide information as needed to reasonably evaluate the validity of the 
exemption.
    (e) If you own or operate engines we exempt under this subpart, we 
may require you to provide information as needed to reasonably evaluate 
the validity of the exemption.
    (f) Subpart D of this part describes how we apply these exemptions 
to engines you import (or intend to import).
    (g) If you want to ask for an exemption or need more information, 
write to the Designated Officer.
    (h) You may ask us to modify the administrative requirements for the 
exemptions described in this subpart. We may approve your request if we 
determine that such approval is consistent with the intent of this part. 
For example, waivable administrative requirements might include some 
reporting requirements, but would not include any eligibility 
requirements or use restrictions.
    (i) If you want to take an action with respect to an exempted or 
excluded engine that is prohibited by the exemption or exclusion, such 
as selling it, you need to certify the engine. We will issue a 
certificate of conformity if you send us an application for 
certification showing that you meet all the applicable requirements from 
the standard-setting part. Also, in some cases, it may be sufficient to 
modify the engine as needed to make it identical to engines already 
covered by a certificate. Make sure these engines have emission control 
information labels that accurately describe their status.

    Effective Date Note: At 69 FR 39266, June 29, 2004, Sec. 1068.201 
was amended by revising the introductory text and paragraph (i), 
effective Aug. 30, 2004. For the convenience of the user, the revised 
text is set forth as follows:

Sec. 1068.201  Does EPA exempt or exclude any engines from the 
          prohibited acts?

    We may exempt new engines from some or all of the prohibited acts or 
requirements of this part under provisions described in this subpart. We 
may exempt an engine already placed in service in the United States from 
the prohibition in Sec. 1068.101(b)(1) if the exemption for engines 
used solely for competition applies (see Sec. 1068.235). In addition, 
see Sec. 1068.1 and the standard-setting parts to determine if other 
engines are excluded from some or all of the regulations in this 
chapter.

                                * * * * *

    (i) If you want to take an action with respect to an exempted or 
excluded engine that is prohibited by the exemption or exclusion, such 
as selling it, you need to certify the engine. We will issue a 
certificate of conformity if you send us an application for 
certification showing that you meet all the applicable requirements from 
the standard-setting part. Also, in some cases, we may allow 
manufacturers to modify the engine as needed to make it identical to 
engines already covered by a certificate. We would base such an approval 
on our review of any appropriate documentation. These engines must have 
emission control information labels that accurately describe their 
status.