[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: 40CFR1068.210]

[Page 700-701]
 
                   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. 1068.210  What are the provisions for exempting test engines?

    (a) We may exempt engines that are not exempted under other sections 
of this part that you will use for research, investigations, studies, 
demonstrations, or training.
    (b) Anyone may ask for a testing exemption.
    (c) If you are a certificate holder, you may request an exemption 
for engines

[[Page 701]]

you intend to include in test programs over a two-year period.
    (1) In your request, tell us the maximum number of engines involved 
and describe how you will make sure exempted engines are used only for 
this testing.
    (2) Give us the information described in paragraph (d) of this 
section if we ask for it.
    (d) If you are not a certificate holder do all of the following:
    (1) Show that the proposed test program has a valid purpose under 
paragraph (a) of this section.
    (2) Show you need an exemption to achieve the purpose of the test 
program (time constraints may be a basis for needing an exemption, but 
the cost of certification alone is not).
    (3) Estimate the duration of the proposed test program and the 
number of engines involved.
    (4) Allow us to monitor the testing.
    (5) Describe how you will ensure that you stay within this 
exemption's purposes. Address at least the following things:
    (i) The technical nature of the test.
    (ii) The test site.
    (iii) The duration and accumulated engine operation associated with 
the test.
    (iv) Ownership of the engines involved in the test.
    (v) The intended final disposition of the engines.
    (vi) How you will identify, record, and make available the engine 
identification numbers.
    (vii) The means or procedure for recording test results.
    (e) If we approve your request for a testing exemption, we will send 
you a letter or a memorandum for your signature describing the basis and 
scope of the exemption. The exemption does not take effect until we 
receive the signed letter or memorandum from you. It will also include 
any necessary terms and conditions, which normally require you to do the 
following:
    (1) Stay within the scope of the exemption.
    (2) Create and maintain adequate records that we may inspect.
    (3) Add a permanent, legible label, written in block letters in 
English, to a readily visible part of each exempted engine. This label 
must include at least the following items:
    (i) The label heading ``EMISSION CONTROL INFORMATION''.
    (ii) Your corporate name and trademark.
    (iii) Engine displacement, engine family identification (as 
applicable), and model year of the engine; or whom to contact for 
further information.
    (iv) The statement ``THIS ENGINE IS EXEMPT UNDER 40 CFR 1068.210 
FROM EMISSION STANDARDS AND RELATED REQUIREMENTS.''.
    (4) Tell us when the test program is finished.
    (5) Tell us the final disposition of the engines.
    (6) Send us a written confirmation that you meet the terms and 
conditions of this exemption.

    Effective Date Note: At 69 FR 39267, June 29, 2004, Sec. 1068.210 
was amended by revising paragraphs (d)(5)(iv) and (e)(3)(iv), effective 
Aug. 30, 2004. For the convenience of the user, the revised text is set 
forth as follows:

Sec. 1068.210  What are the provisions for exempting test engines?

                                * * * * *

    (d) * * *
    (5) * * *
    (iv) Ownership and control of the engines involved in the test.
    (e) * * *
    (3) * * *
    (iv) The statement ``THIS ENGINE IS EXEMPT UNDER 40 CFR 1068.210 OR 
1068.215 FROM EMISSION STANDARDS AND RELATED REQUIREMENTS.''.

                                * * * * *