---
kind: "section"
citation: "40 C.F.R. § 1068.310"
title: "40"
number: "1068.310"
heading: "Exclusions for imported engines/equipment."
url: "https://uscodex.org/cfr/40/1068.310"
---

# §1068.310. Exclusions for imported engines/equipment.


If you show us that your engines/equipment qualify under one of the paragraphs of this section, we will approve your request to import such excluded engines/equipment. You must have our approval before importing engines/equipment under [paragraph (a)](#a) of this section. You may, but are not required, to request our approval to import the engines/equipment under [paragraph (b) through (d)](#b..d) of this section. Qualifying engines/equipment are excluded as follows:

- (a) **Nonroad engines/equipment used solely for competition.** Nonroad engines/equipment that you demonstrate will be used solely for competition are excluded from the restrictions on imports in [§ 1068.301(b)](/cfr/40/1068.301.md?p=b), but only if they are properly labeled. See the standard-setting part for provisions related to this demonstration that may apply. [Section 1068.101(b)(4)](/cfr/40/1068.101.md?p=b-4) prohibits anyone from using these excluded engines/equipment for purposes other than competition. We may waive the labeling requirement or allow a removable label for engines/equipment that are being temporarily imported for one or more specific competition events.
- (b) **Stationary engines.** The definition of nonroad engine in [§ 1068.30](/cfr/40/1068.30.md) does not include certain engines used in stationary applications. Such engines (and equipment containing such engines) may be subject to the standards of [40 CFR part 60](/cfr/40/part60.md). Engines that are excluded from the definition of nonroad engine in this part and are not required to be certified to standards under [40 CFR part 60](/cfr/40/part60.md) are not subject to the restrictions on imports in [§ 1068.301(b)](/cfr/40/1068.301.md?p=b), but only if they are properly labeled and there is clear and convincing evidence that each engine will be used in a stationary application (see paragraph (2)(iii) of the definition of “Nonroad engine”). [Section 1068.101](/cfr/40/1068.101.md) restricts the use of stationary engines for non-stationary purposes unless they are certified under [40 CFR part 60](/cfr/40/part60.md) to the same standards that would apply to nonroad engines for the same model year.
- (c) **Hobby engines.** The standard-setting parts exclude engines used in reduced-scale models of vehicles that are not capable of transporting a person.
- (d) **Other engines/equipment.** The standard-setting parts may exclude engines/equipment used in certain applications. For example, engines used in aircraft are generally excluded. Engines/equipment used in underground mining are excluded if they are regulated by the Mine Safety and Health Administration.
- (e) **Labeling.** For engines/equipment imported under paragraph [(a)](#a) or [(b)](#b) of this section, you must add a permanent label, consistent with [§ 1068.45](/cfr/40/1068.45.md), with at least the following items unless the standard-setting part includes other specific labeling requirements or we approve alternate label language that is more accurate for your engine/equipment:
  - (1) **Include the heading “EMISSION CONTROL INFORMATION”.**
  - (2) **Include your full corporate name and trademark.**
  - (3) **State the engine displacement (in liters or cubic centimeters).** We may also require that you include maximum engine power. If the engine's power is not established, state the approximate power.
  - (4) **State—** “THIS ENGINE IS EXEMPT FROM THE REQUIREMENTS OF [identify the part referenced in [§ 1068.1(a)](/cfr/40/1068.1.md?p=a) that would otherwise apply], AS PROVIDED IN [identify the paragraph authorizing the exemption (for example, “[40 CFR 1068.310(a)](#a)”)]. INSTALLING THIS ENGINE IN ANY DIFFERENT APPLICATION MAY BE A VIOLATION OF FEDERAL LAW SUBJECT TO CIVIL PENALTY.”

## Notes

### Amendments

[73 FR 59344, Oct. 8, 2008, as amended at 81 FR 74231, Oct. 25, 2016; 87 FR 4717, Jan. 24, 2023]

### Authority

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

### Source

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

### Amendments

[73 FR 59344, Oct. 8, 2008, as amended at 81 FR 74231, Oct. 25, 2016; 87 FR 4717, Jan. 24, 2023]