[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: 40CFR1068.210]



[Page 828-829]

 

                   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 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.



[[Page 829]]



    (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 and control 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 OR 

1068.215 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.



[67 FR 68347, Nov. 8, 2002, as amended at69 FR 39267, June 29, 2004]