Section 1039.655 - What special provisions apply to engines sold in American Samoa or the Commonwealth of the Northern Mariana Islands?(a) The prohibitions in 40 CFR 1068.101(a)(1) do not apply to diesel-fueled engines that are intended for use and will be used in American Samoa or the Commonwealth of the Northern Mariana Islands, subject to the following conditions:(1) The engine meets the latest applicable emission standards in appendix I of this part.(2) You meet all the requirements of 40 CFR 1068.265 .(b) If you introduce an engine into 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 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 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.(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 86 FR 34506, 7/29/2021; 88 FR 4659, 3/27/2023