The EPA rulemaking, Control of Air Pollution From New Motor Vehicles: Heavy-Duty Engine and Vehicle Standards - 88 FR 4296, was finalized on January 24, 2023 and became effective March 27, 2023. The rule eliminates the exemption for ‘ancient engines’ in non-road vehicles. An ‘ancient engine’ is defined as an engine first manufactured at least 21 years that is still in its original configuration, subject to 40CFR 1068.315(i).

This exemption is no longer appropriate for importing nonconforming engines. The identical configuration exemption will continue to be available to allow importation of nonconforming engines.

This exemption code of ‘9’ reported in the PG24 record remarks code should not be used when filing for PGA message set for what was the paper form 3520-21 for non-road vehicles and engines.

The EPA supplemental to the CATAIR has been updated to remove this code. The updated IG can be found here: https://www.cbp.gov/document/forms/epa-supplemental-catair-guidelines

The ACE software is being updated to reject if exemption code ‘9’ is used. A CSMS will be sent when this is in production but is expected no earlier than August 5. A CSMS will be sent to indicate when this is available in CERT and to confirm the production deployment date.