[Code of Federal Regulations]
[Title 40, Volume 31]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR1068.315]

[Page 839-840]
 
                   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.  1068.315  What are the permanent exemptions for imported engines?

    We may approve a permanent exemption from the restrictions on 
imports under Sec.  1039.301(b) under the following conditions:
    (a) National security exemption. You may import an engine under the 
national security exemption in Sec.  1068.225, but only if it is 
properly labeled.
    (b) Manufacturer-owned engine exemption. You may import a 
manufacturer-owned engine, as described in Sec.  1068.215.
    (c) Replacement engine exemption. You may import a nonconforming 
replacement engine as described in Sec.  1068.240. To use this 
exemption, you must be a certificate holder for an engine family we 
regulate under the same part as the replacement engine.
    (d) Extraordinary circumstances exemption. You may import a 
nonconforming

[[Page 840]]

engine if we grant hardship relief as described in Sec.  1068.245.
    (e) Small-volume manufacturer exemption. You may import a 
nonconforming engine if we grant hardship relief for a small-volume 
manufacturer, as described in Sec.  1068.250.
    (f) Equipment-manufacturer hardship exemption. You may import a 
nonconforming engine if we grant an exemption for the transition to new 
or revised emission standards, as described in Sec.  1068.255.
    (g) Delegated-assembly exemption. You may import a nonconforming 
engine for final assembly under the provisions of Sec.  1068.260. 
However, this does not include the staged-assembly provisions of Sec.  
1068.260(h); see Sec.  1068.330 for importing incomplete engines.
    (h) [Reserved]
    (i) Identical configuration exemption. You may import a 
nonconforming engine if it is identical to certified engines produced by 
the same manufacturer, subject to the following provisions:
    (1) You may import only the following engines under this exemption:
    (i) Large nonroad spark-ignition engines (see part 1048 of this 
chapter).
    (ii) Recreational nonroad spark-ignition engines and equipment (see 
part 1051 of this chapter).
    (iii) Land-based nonroad diesel engines (see part 1039 of this 
chapter).
    (2) You must meet all the following criteria:
    (i) You have owned the engine for at least six months.
    (ii) You agree not to sell, lease, donate, trade, or otherwise 
transfer ownership of the engine for at least five years, or until the 
engine is eligible for the exemption in paragraph (g) of this section. 
During this period, the only acceptable way to dispose of the engine is 
to destroy or export it.
    (iii) You use data or evidence sufficient to show that the engine is 
in a configuration that is identical to an engine the original 
manufacturer has certified to meet emission standards that apply at the 
time the manufacturer finished assembling or modifying the engine in 
question. If you modify the engine to make it identical, you must 
completely follow the original manufacturer's written instructions.
    (3) We will tell you in writing if we find the information 
insufficient to show that the engine is eligible for this exemption. In 
this case, we will not consider your request further until you address 
our concerns.
    (j) Ancient engine exemption. If you are not the original engine 
manufacturer, you may import a nonconforming engine that is subject to a 
standard-setting part and was first manufactured at least 21 years 
earlier, as long as it is still in its original configuration.

[67 FR 68347, Nov. 8, 2002, as amended at 69 FR 39269, June 29, 2004; 70 
FR 40515, July 13, 2005]