---
kind: "section"
citation: "40 C.F.R. § 1068.265"
title: "40"
number: "1068.265"
heading: "Provisions for engines/equipment conditionally exempted from certification."
url: "https://uscodex.org/cfr/40/1068.265"
---

# §1068.265. Provisions for engines/equipment conditionally exempted from certification.


In some cases, exempted engines may need to meet alternate emission standards as a condition of the exemption. For example, replacement engines exempted under [§ 1068.240](/cfr/40/1068.240.md) in many cases need to meet the same standards as the engines they are replacing. The standard-setting part may similarly exempt engines/equipment from all certification requirements, or allow us to exempt engines/equipment from all certification requirements for certain cases, but require the engines/equipment to meet alternate standards. In these cases, all the following provisions apply:

- (a) Your engines/equipment must meet the alternate standards we specify in (or pursuant to) the exemption section, and all other requirements applicable to engines/equipment that are subject to such standards.
- (b) **You need not apply for and receive a certificate for the exempt engines/equipment.** However, you must comply with all the requirements and obligations that would apply to the engines/equipment if you had received a certificate of conformity for them unless we specifically waive certain requirements.
- (c) You must have emission data from test engines/equipment using the appropriate procedures that demonstrate compliance with the alternate standards unless the engines/equipment are identical in all material respects to engines/equipment that you have previously certified to standards that are the same as, or more stringent than, the alternate standards. Note that “engines/equipment that you have previously certified” does not include any engines/equipment initially covered by a certificate that was later voided or otherwise invalidated, or engines/equipment that we have determined did not fully conform to the regulations.
- (d) See the provisions of the applicable exemption for labeling instructions, including those related to the compliance statement and other modifications to the label otherwise required in the standard-setting part. If we do not identify specific labeling requirements for an exempted engine, you must meet the labeling requirements in the standard-setting part, with the following exceptions:
  - (1) **Modify the family designation by eliminating the character that identifies the model year.**
  - (2) We may also specify alternative language to replace the compliance statement otherwise required in the standard-setting part.
- (e) You may not generate emission credits for averaging, banking, or trading with engines/equipment meeting requirements under the provisions of this section.
- (f) **Keep records to show that you meet the alternate standards as follows—**
  - (1) If your exempted engines/equipment are identical to previously certified engines/equipment, keep your most recent application for certification for the certified family.
  - (2) If you previously certified a similar family, but have modified the exempted engines/equipment in a way that changes them from their previously certified configuration, keep your most recent application for certification for the certified family, a description of the relevant changes, and any test data or engineering evaluations that support your conclusions.
  - (3) If you have not previously certified a similar family, keep all the records we specify for the application for certification and any additional records the standard-setting part requires you to keep.
- (g) We may require you to send us an annual report of the engines/equipment you produce under this section.

## Notes

### Authority

Authority: 42 U.S.C. 7401-7671q.

### Source

Source: 73 FR 59344, Oct. 8, 2008, unless otherwise noted.