[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: 40CFR1068.201]



[Page 828]

 

                   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 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.

    (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 

modify these labeling requirements if it is 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 and pay the appropriate fee. 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.



[67 FR 68347, Nov. 8, 2002, as amended at 69 FR 39266, June 29, 2004; 70 

FR 40513, July 13, 2005]