[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: 40CFR1068.330]



[Page 840-841]

 

                   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.  1068.330  How do I import engines requiring further assembly?



    This section allows you to import engines in configurations 

different than their final configuration. This exemption is temporary, 

as described in paragraph (d) of this section.

    (a) This section applies in the following cases:

    (1) You import a partially complete engine with the intent to 

manufacture complete engines for which you have either a certificate of 

conformity or an exemption that allows you to sell completed engines.

    (2) You import an uncertified complete engine with the intent to 

modify it for installation in an application different than its 

otherwise intended application (for example, you import a land-based 

engine to modify it for a marine application). In this case, to qualify 

for an exemption under this section, you need either a certificate of 

conformity or an exemption that allows you to sell completed engines.

    (3) You import a complete or partially complete engine to modify for 

an application for which emission standards do not apply.



[[Page 841]]



    (4) You import a complete or partially complete engine for 

installation in equipment subject to equipment-based standards for which 

you have either a certificate of conformity or an exemption that allows 

you to sell the equipment.

    (b) You may request this exemption in an application for 

certification. Otherwise, send your request to the Designated Officer. 

Your request must include:

    (1) The name of the supplier of the partially complete engine, or 

the original manufacturer of the complete engine.

    (2) A description of the certificate or exemption that will apply to 

the engines in the final configuration, or an explanation why a 

certificate or exemption is not needed.

    (3) A brief description of how and where final assembly will be 

completed.

    (4) An unconditional statement that the engines will comply with all 

applicable regulations in their final configuration.

    (c) If we approve a temporary exemption for an engine, you may 

import it under the conditions in this section. If you are not a 

certificate holder, 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.

    (d) These provisions are intended only to allow you to import 

engines in the specific circumstances identified in this section, so any 

exemption under this section expires when you complete the assembly of 

the engine in its final configuration. If the engine in its final 

configuration is subject to emission standards, then it must be covered 

by a certificate or a different exemption before you introduce it into 

commerce.



[67 FR 68347, Nov. 8, 2002, as amended at 70 FR 40516, July 13, 2005]