[Code of Federal Regulations]

[Title 40, Volume 31]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR1039.620]



[Page 515-516]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 1039_CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD 

COMPRESSION-IGNITION ENGINES--Table of Contents

 

                 Subpart G_Special Compliance Provisions

 

Sec.  1039.620  What are the provisions for exempting engines used solely 

for competition?



    The provisions of this section apply for new engines built on or 

after January 1, 2006.

    (a) Equipment manufacturers may use uncertified engines if the 

vehicles or equipment in which they are installed will be used solely 

for competition.

    (b) The definition of nonroad engine in 40 CFR 1068.30 excludes 

engines used solely for competition. These engines are not required to 

comply with this part 1039 or 40 CFR part 89, but 40 CFR 1068.101 

prohibits the use of competition engines for noncompetition purposes.

    (c) We consider a vehicle or piece of equipment to be one that will 

be used solely for competition if it has features that are not easily 

removed that would make its use other than in competition unsafe, 

impractical, or highly unlikely.

    (d) As an engine manufacturer, your engine is exempt without our 

prior approval if you have a written request for



[[Page 516]]



an exempted engine from the equipment manufacturer showing the basis for 

believing that the equipment will be used solely for competition. You 

must permanently label engines exempted under this section to clearly 

indicate that they are to be used solely for competition. Failure to 

properly label an engine will void the exemption.

    (e) We may discontinue an exemption under this section if we find 

that engines are not used solely for competition.