['Air Programs']
['Air Emissions']
03/21/2023
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You may import engines/equipment under certain temporary exemptions, subject to the conditions in this section. We may ask U.S. Customs and Border Protection to require a specific bond amount to make sure you comply with the requirements of this subpart. You may not sell or lease one of these exempted engines/equipment while it is in the United States except as specified in this section or §1068.201(i). You must eventually export the engine/equipment as we describe in this section unless it conforms to a certificate of conformity or it qualifies for one of the permanent exemptions in §1068.315 or the standard-setting part.
(a) Exemption for repairs or alterations. You may temporarily import nonconforming engines/equipment solely for repair or alteration, subject to our advance approval as described in paragraph (j) of this section. You may operate the engine/equipment in the United States only as necessary to repair it, alter it, or ship it to or from the service location. Export the engine/equipment directly after servicing is complete, or confirm that it has been destroyed.
(b) Testing exemption. You may temporarily import nonconforming engines/equipment for testing if you follow the requirements of §1068.210, subject to our advance approval as described in paragraph (j) of this section. You may operate the engines/equipment in the United States only as needed to perform tests. The testing exemption expires one year after you import the engine/equipment unless we approve an extension. The engine/equipment must be exported before the exemption expires. You may sell or lease the engines/equipment consistent with the provisions of §1068.210.
(c) Display exemption. You may temporarily import nonconforming engines/equipment for display if you follow the requirements of §1068.220, subject to our advance approval as described in paragraph (j) of this section. The display exemption expires one year after you import the engine/equipment, unless we approve your request for an extension. The engine/equipment must be exported (or destroyed) by the time the exemption expires or directly after the display concludes, whichever comes first.
(d) Export exemption. You may temporarily import nonconforming engines/equipment to export them, as described in §1068.230. Label the engine/equipment as described in §1068.230. You may sell or lease the engines/equipment for operation outside the United States consistent with the provisions of §1068.230.
(e) Diplomatic or military exemption. You may temporarily import nonconforming engines/equipment if you represent a foreign government in a diplomatic or military capacity. U.S Customs and Border Protection may require that you show your written confirmation from the U.S. State Department that you qualify for the diplomatic or military exemption or a copy of your orders for military duty in the United States. We will rely on the State Department or your military orders to determine when your diplomatic or military status expires, at which time you must export your exempt engines/equipment.
(f) Delegated-assembly exemption. You may import a nonconforming engine for final assembly under the provisions of §1068.261. You may sell or lease the engines/equipment consistent with the provisions of §1068.261.
(g) Exemption for partially complete engines. The following provisions apply for importing partially complete engines and used engines that become new as a result of importation:
(1) You may import a partially complete engine by shipping it from one of your facilities to another under the provisions of §1068.260(c) if you also apply a removable label meeting the requirements of §1068.45 that identifies your corporate name and states that the engine is exempt under the provisions of §1068.325(g).
(2) You may import an engine if another company already has a certificate of conformity and will be modifying the engine to be in its final certified configuration or a final exempt configuration if you meet the labeling and other requirements of §1068.262. If you are importing a used engine that becomes new as a result of importation, you must meet all the requirements that apply to original engine manufacturers under §1068.262. You may sell or lease the engines consistent with the provisions of §1068.262.
(h)-(i) [Reserved]
(j) Approvals. For the exemptions in this section requiring our approval, you must send a request to the Designated Compliance Officer before importing the engines/equipment. We will approve your request if you meet all the applicable requirements and conditions. If another section separately requires that you request approval for the exemption, you may combine the information requirements in a single request. Include the following information in your request:
(1) Identify the importer of the engine/equipment and the applicable postal address, e-mail address, and telephone number.
(2) Identify the engine/equipment owner and the applicable postal address, e-mail address, and telephone number.
(3) Identify the engine/equipment by model number (or name), serial number, and original production year.
(4) Identify the specific regulatory provision under which you are seeking an exemption.
(5) Acknowledge that EPA enforcement officers may conduct inspections or testing as allowed under the Clean Air Act.
(6) Include any additional information we specify for demonstrating that you qualify for the exemption.
[76 FR 57489, Sept. 15, 2011; 81 FR 74231, Oct. 25, 2016; 88 FR 4717, Jan. 24, 2023]
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