[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: 40CFR1068.215]

[Page 701-702]
 
                   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. 1068.215  What are the provisions for exempting manufacturer-owned 
engines?

    (a) You are eligible for the exemption for manufacturer-owned 
engines only if you are a certificate holder.
    (b) An engine may be exempt without a request if it is a 
nonconforming engine under your ownership and control and you operate it 
to develop products, assess production methods, or promote your engines 
in the marketplace. You may not lease, sell, or use the engine to 
generate revenue, either by itself or in a piece of equipment.

[[Page 702]]

    (c) To use this exemption, you must do three things:
    (1) Establish, maintain, and keep adequately organized and indexed 
information on each exempted engine, including the engine identification 
number, the use of the engine on exempt status, and the final 
disposition of any engine removed from exempt status.
    (2) Let us access these records, as described in Sec. 1068.20.
    (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, and model 
year of the engine or whom to contact for further information.
    (iv) The statement ``THIS ENGINE IS EXEMPT UNDER 40 CFR 1068.215 
FROM EMISSION STANDARDS AND RELATED REQUIREMENTS.''.

    Effective Date Note: At 69 FR 39267, June 29, 2004, Sec. 1068.215 
was amended by revising paragraphs (b), (c)(3)(iii), and (c)(3)(iv), 
effective Aug. 30, 2004. For the convenience of the user, the revised 
text is set forth as follows:

Sec. 1068.215  What are the provisions for exempting manufacturer-owned 
          engines?

                                * * * * *

    (b) An engine may be exempt without a request if it is a 
nonconforming engine under your ownership and control and you operate it 
to develop products, assess production methods, or promote your engines 
in the marketplace. You may not loan, lease, sell, or use the engine to 
generate revenue, either by itself or in a piece of equipment.
    (c) * * *
    (3) * * *
    (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 OR 
1068.215 FROM EMISSION STANDARDS AND RELATED REQUIREMENTS.''.