[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: 40CFR1068.330]

[Page 841-842]
 
                   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.

[[Page 842]]

    (3) You import a complete or partially complete engine to modify for 
an application for which emission standards do not apply.
    (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]