[Code of Federal Regulations]

[Title 40, Volume 31]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR1039.655]



[Page 526]

 

                   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 G_Special Compliance Provisions

 

Sec.  1039.655  What special provisions apply to engines sold in Guam, 

American Samoa, or the Commonwealth of the Northern Mariana Islands?



    (a) The prohibitions in Sec.  1068.101(a)(1) do not apply to an 

engine if the following conditions are met:

    (1) The engine is intended for use and will be used in Guam, 

American Samoa, or the Commonwealth of the Northern Mariana Islands.

    (2) The engine meets the latest applicable emission standards in 40 

CFR 89.112.

    (3) You meet all the requirements of 40 CFR 1068.265.

    (b) If you introduce an engine into commerce in the United States 

under this section, you must meet the labeling requirements in 40 CFR 

89.110, but add the following statement instead of the compliance 

statement in 40 CFR 89.110(b)(10):



THIS ENGINE DOES NOT COMPLY WITH U.S. EPA TIER 4 EMISSION REQUIREMENTS. 

IMPORTING THIS ENGINE INTO THE UNITED STATES OR ANY TERRITORY OF THE 

UNITED STATES EXCEPT GUAM, AMERICAN SAMOA, OR THE COMMONWEALTH OF THE 

NORTHERN MARIANA ISLANDS MAY BE A VIOLATION OF FEDERAL LAW SUBJECT TO 

CIVIL PENALTY.



    (c) Introducing into commerce an engine exempted under this section 

in any state or territory of the United States other than Guam, American 

Samoa, or the Commonwealth of the Northern Mariana Islands, throughout 

its lifetime, violates the prohibitions in 40 CFR 1068.101(a)(1), unless 

it is exempt under a different provision.



[69 FR 39213, June 29, 2004, as amended at 70 FR 40464, July 13, 2005]