[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: 40CFR1068.325]



[Page 840]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 1068_GENERAL COMPLIANCE PROVISIONS FOR NONROAD PROGRAMS--Table of 

Contents

 

                            Subpart D_Imports

 

Sec.  1068.325  What are the temporary exemptions for imported engines?



    You may import engines under certain temporary exemptions, subject 

to the conditions in this section. We may ask the U.S. Customs Service 

to require a specific bond amount to make sure you comply with the 

requirements of this subpart. You may not sell or lease one of these 

engines while it is in the United States. You must eventually export the 

engine as we describe in this section unless you get a certificate of 

conformity for it or it qualifies for one of the permanent exemptions in 

Sec.  1068.315. Section 1068.330 specifies an additional temporary 

exemption allowing you to import certain engines you intend to modify.

    (a) Exemption for repairs or alterations. You may temporarily import 

a nonconforming engine under bond solely to repair or alter it or the 

equipment in which it is installed. You may operate the engine and 

equipment in the United States only as necessary to repair it, alter it, 

or ship it to or from the service location. Export the engine directly 

after servicing is complete.

    (b) Testing exemption. You may temporarily import a nonconforming 

engine under bond for testing if you follow the requirements of Sec.  

1068.210. You may operate the engine in the United States only to allow 

testing. This exemption expires one year after you import the engine, 

unless we approve an extension. The engine must be exported before the 

exemption expires.

    (c) Display exemption. You may temporarily import a nonconforming 

engine under bond for display, as described in Sec.  1068.220. This 

exemption expires one year after you import the engine, unless we 

approve your request for an extension. We may approve an extension of up 

to one more year for each request, but no more than three years in 

total. The engine must be exported by the time the exemption expires or 

directly after the display concludes, whichever comes first.

    (d) Export exemption. You may temporarily import a nonconforming 

engine to export it, as described in Sec.  1068.230. You may operate the 

engine in the United States only as needed to prepare it for export. 

Label the engine as described in Sec.  1068.230.

    (e) Diplomatic or military exemption. You may temporarily import 

nonconforming engines without bond if you represent a foreign government 

in a diplomatic or military capacity. In your request to the Designated 

Officer (see Sec.  1068.305), include either written confirmation from 

the U.S. State Department that you qualify for this exemption or a copy 

of your orders for military duty in the United States. We will rely on 

the State Department or your military orders to determine when your 

diplomatic or military status expires, at which time you must export 

your exempt engines.

    (f) Delegated assembly exemption. You may import a nonconforming 

engine for final assembly, as described in Sec.  1068.260.



[67 FR 68347, Nov. 8, 2002, as amended at 69 FR 39269, June 29, 2004; 70 

FR 40515, July 13, 2005]