[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: 40CFR205.5-2]



[Page 107-108]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 205_TRANSPORTATION EQUIP MENT NOISE EMISSION CONTROLS--Table of 

Contents

 

                      Subpart A_General Provisions

 

Sec.  205.5-2  National security exemptions.



    (a) A new product which is produced to conform with specifications 

developed by a national security agency, 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 (5) of the Act.

    (b) No request for a national security exemption is required.



[[Page 108]]



    (c) For purposes of section 11(d) of the Act, any national security 

exemption shall be void ab initio with respect to each new product, 

originally intended to be produced to conform with specifications 

developed by a national security agency, but distributed in commerce for 

other uses.

    (d) Any manufacturer or person subject to the liabilities of section 

11(a) with respect to any product originally intended for a national 

security agency, but distributed in commerce for use in any State, may 

be excluded from the application of section 11(a) with respect to such 

product based upon a showing that such manufacturer:

    (1) Had no knowledge of such product being distributed in commerce 

for use in any state; and

    (2) Made reasonable effort to ensure that such products would not be 

distributed in commerce for use in any State. Such reasonable efforts 

would include investigation, prior dealings, contract provisions, etc.



[47 FR 57714, Dec. 28, 1982]