[Code of Federal Regulations]
[Title 40, Volume 31]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR1068.310]

[Page 839]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 1068_GENERAL COMPLIANCE PROVISIONS FOR 
NONROAD PROGRAMS--Table of Contents
 
                            Subpart D_Imports
 
Sec.  1068.310  What are the exclusions for imported engines?

    If you show us that your engines qualify under one of the paragraphs 
of this section, we will approve your request to import such excluded 
engines. You must have our approval to import an engine under paragraph 
(a) of this section. You may, but are not required to request our 
approval to import the engines under paragraph (b) or (c) of this 
section. The following engines are excluded:
    (a) Engines used solely for competition. Engines that you 
demonstrate will be used solely for competition are excluded from the 
restrictions on imports in Sec.  1068.301(b), but only if they are 
properly labeled. See the standard-setting part for provisions related 
to this demonstration. Section 1068.101(b)(4) prohibits anyone from 
using these excluded engines for purposes other than competition.
    (b) Stationary engines. The definition of nonroad engine in 40 CFR 
1068.30 does not include certain engines used in stationary 
applications. Such engines may be subject to the standards of 40 CFR 
part 60. Engines that are excluded from the definition of nonroad engine 
in this part and not required to be certified to standards under 40 CFR 
part 60 are not subject to the restrictions on imports in Sec.  
1068.301(b), but only if they are properly labeled. Section 1068.101 
restricts the use of stationary engines for non-stationary purposes 
unless they are certified under 40 CFR Part 60 to the same standards 
that would apply to nonroad engines for the same model year.
    (c) Other engines. The standard-setting parts may exclude engines 
used in certain applications. For example, engines used in aircraft and 
very small engines used in hobby vehicles are generally excluded. 
Engines used in underground mining are excluded if they are regulated by 
the Mine Safety and Health Administration.

[67 FR 68347, Nov. 8, 2002, as amended at 69 FR 39269, June 29, 2004; 71 
FR 39185, July 11, 2006]