Title 40
SECTION 94.904
94.904 Exemptions.
§ 94.904 Exemptions.(a) Except as specified otherwise in this subpart, the provisions of §§ 94.904 through 94.913 exempt certain new engines from the standards, other requirements, and prohibitions of this part, except for the requirements of this subpart and the requirements of § 94.1104. Additional requirements may apply for imported engines; these are described in subpart I of this part. Engines may also be exempted from the standards of this part under the provisions of 40 CFR part 1042 or part 1068.
(b)(1) Any person may request a testing exemption subject to the provisions of § 94.905.
(2) Any engine manufacturer may request a national security exemption subject to the provisions of § 94.908.
(3) Engines manufactured for export purposes are exempt without application, subject to the provisions of § 94.909, except as otherwise specified by § 94.909.
(4) Manufacturer-owned engines are exempt without application, subject to the provisions of § 94.906(a).
(5) Display engines are exempt without application, subject to the provisions of § 94.906(b). This does not apply to imported engines (see § 94.804).
(6) Engines used solely for competition are exempt, subject to the provisions of § 94.906(c).
(c) If you want to take an action with respect to an exempted or excluded engine that is prohibited by the exemption or exclusion, such as selling it, you need to certify the engine. We will issue a certificate of conformity if you send us an application for certification showing that you meet all the applicable requirements from this part 94 and pay the appropriate fee. Also, in some cases, we may allow manufacturers to modify the engine as needed to make it identical to engines already covered by a certificate. We would base such an approval on our review of any appropriate documentation. These engines must have emission control information labels that accurately describe their status.
[64 FR 73331, Dec. 29, 1999, as amended at 68 FR 9787, Feb. 28, 2003; 70 FR 40459, July 13, 2005; 75 FR 22981, Apr. 30, 2010]