[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: 40CFR1068.265]



[Page 837]

 

                   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.  1068.265  What provisions apply to engines that are conditionally 

exempted from certification?



    Engines produced under an exemption for replacement engines (Sec.  

1068.240) or for hardship (Sec.  1068.245, Sec.  1068.250, or Sec.  

1068.255) may need to meet alternate emission standards as a condition 

of the exemption. The standard-setting part may similarly exempt engines 

from all certification requirements, or allow us to exempt engines from 

all certification requirements for certain cases, but require the 

engines to meet alternate standards. In these cases, all the following 

provisions apply:

    (a) Your engines must meet the alternate standards we specify in (or 

pursuant to) the exemption section, and all other requirements 

applicable to engines that are subject to such standards.

    (b) You need not apply for and receive a certificate for the exempt 

engines. However, you must comply with all the requirements and 

obligations that would apply to the engines if you had received a 

certificate of conformity for them, unless we specifically waive certain 

requirements.

    (c) You must have emission data from test engines using the 

appropriate procedures that demonstrate compliance with the alternate 

standards, unless the engines are identical in all material respects to 

engines that you have previously certified to standards that are the 

same as, or more stringent than, the alternate standards.

    (d) Unless we specify otherwise elsewhere in the standard-setting 

part, you must meet the labeling requirements in the standard-setting 

part, with the following exceptions:

    (1) Modify the engine-family designation by eliminating the 

character that identifies the model year.

    (2) See the provisions of the applicable exemption for appropriate 

language to replace the compliance statement otherwise required in the 

standard-setting part.

    (e) You may not generate emission credits for averaging, banking, or 

trading with engines meeting requirements under the provisions of this 

section.

    (f) Keep records to show that you meet the alternate standards, as 

follows:

    (1) If your exempted engines are identical to previously certified 

engines, keep your most recent application for certification for the 

certified engine family.

    (2) If you previously certified a similar engine family, but have 

modified the exempted engine in a way that changes it from its 

previously certified configuration, keep your most recent application 

for certification for the certified engine family, a description of the 

relevant changes, and any test data or engineering evaluations that 

support your conclusions.

    (3) If you have not previously certified a similar engine family, 

keep all the records we specify for the application for certification 

and any additional records the standard-setting part requires you to 

keep.

    (g) We may require you to send us an annual report of the engines 

you produce under this section.



[70 FR 40515, July 13, 2005]