§ 1039.655 - What special provisions apply to engines sold in American Samoa or the Commonwealth of the Northern Mariana Islands?

§ 1039.655 What special provisions apply to engines sold in Guam, American Samoa , or the Commonwealth of the Northern Mariana Islands?

Cross Reference

Link to an amendment published at 88 FR 4659, Jan. 24, 2023.

(a) The prohibitions in § 40 CFR 1068.101(a)(1) do not apply to an engine if the following conditions are met:

(1) The engine is

diesel-fueled engines that are intended for use and will be used in

Guam,

American Samoa

,

or the Commonwealth of the Northern Mariana Islands

. (2

, subject to the following conditions:

(1) The engine meets the latest applicable emission standards in appendix I of this part.

(

3

2) You meet all the requirements of 40 CFR 1068.265.

(b) If you introduce an engine into commerce in the United States U.S. commerce under this section, you must meet the labeling requirements in § 1039.135, but add the following statement instead of the compliance statement in § 1039.135(c)(12):

THIS ENGINE DOES NOT COMPLY WITH U.S. EPA TIER 4 EMISSION REQUIREMENTS. IMPORTING THIS ENGINE INTO THE UNITED STATES OR ANY TERRITORY OF THE UNITED STATES EXCEPT GUAM, AMERICAN SAMOA , OR THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS MAY BE A VIOLATION OF FEDERAL LAW SUBJECT TO CIVIL PENALTY.

(c) Introducing into commerce an engine exempted under this section in any state or territory of the United States other than Guam, American Samoa , or the Commonwealth of the Northern Mariana Islands, throughout its lifetime, violates the prohibitions in 40 CFR 1068.101(a)(1), unless it is exempt under a different provision.

[69 FR 39213, June 29, 2004, as amended at 70 FR 40464, July 13, 2005; 86 FR 34506, June 29, 2021

(d) The exemption provisions in this section also applied for engines that were introduced into commerce in Guam before January 1, 2024 if they would otherwise have been subject to Tier 4 standards.

[88 FR 4659, Jan. 24, 2023]