[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR204.5-3]



[Page 90]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 204_NOISE EMISSION STANDARDS FOR CONSTRUCTION EQUIPMENT--Table of 

Contents

 

                      Subpart A_General Provisions

 

Sec.  204.5-3  Export exemptions.



    (a) A new product intended solely for export, and so labeled or 

marked on the outside of the container and on the product itself, shall 

be exempt from the prohibitions of section 10(a), (1), (2), (3), and (4) 

of the Act.

    (b) No request for an export exemption is required.

    (c) For purposes of section 11(d) of the Noise Control Act, any 

export exemption under section 10(b)(2) shall be void ab initio with 

respect to each new product intended solely for export which is 

distributed in commerce for use in any state.

    (d) The Administrator will not institute proceedings against any 

manufacturer pursuant to section 11(d)(1) of the Noise Control Act with 

respect to any product, originally intended for export, but distributed 

in commerce for use in any state, if it is demonstrated to the 

Administrator's satisfaction that:

    (1) The manufacturer had no knowledge that such product would be 

distributed in commerce for use in any state; and

    (2) The manufacturer made reasonable efforts to ensure that such 

product would not be distributed in commerce for use in any state. Such 

reasonable efforts would include consideration of prior dealings with 

any person which resulted in introduction into commerce of a product 

manufactured for export only, investigation of prior instances known to 

the manufacturer of introduction into commerce of a product manufactured 

for export only, and contract provisions which minimize the probability 

of introduction into commerce of a product manufactured for export only.



[41 FR 2172, Jan. 14, 1976, as amended at 42 FR 61454, Dec. 5, 1977. 

Redesignated at 47 FR 57711, Dec. 28, 1982]