[Code of Federal Regulations] [Title 40, Volume 16] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR86.004-38] [Page 59-61] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PART 86--CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND ENGINES--Table of Contents Subpart A--General Provisions for Emission Regulations for 1977 and Sec. 86.004-38 Maintenance instructions. Section 86.004-38 includes text that specifies requirements that differ from Sec. 86.094-38. Where a paragraph in Sec. 86.094-38 is identical and applicable to Sec. 86.004-38 this may be indicated by specifying the corresponding paragraph and the statement ``[Reserved]. For guidance see Sec. 86.094-38.''. (a) The manufacturer shall furnish or cause to be furnished to the purchaser of each new motor vehicle (or motor vehicle engine) subject to the standards prescribed in Sec. 86.099-8, Sec. 86.004-9, Sec. 86.004- 10, or Sec. 86.004-11, as applicable, written instructions for the proper maintenance and use of the vehicle (or engine), by the purchaser consistent with the provisions of Sec. 86.004-25, which establishes what scheduled maintenance the Administrator approves as being reasonable and necessary. (1) The maintenance instructions required by this section shall be in clear, and to the extent practicable, nontechnical language. (2) The maintenance instructions required by this section shall contain a general description of the documentation which the manufacturer will require from the ultimate purchaser or any subsequent purchaser as evidence of compliance with the instructions. [[Page 60]] (b) Instructions provided to purchasers under paragraph (a) of this section shall specify the performance of all scheduled maintenance performed by the manufacturer on certification durability vehicles and, in cases where the manufacturer performs less maintenance on certification durability vehicles than the allowed limit, may specify the performance of any scheduled maintenance allowed under Sec. 86.004- 25. (c) Scheduled emission-related maintenance in addition to that performed under Sec. 86.004-25(b) may only be recommended to offset the effects of abnormal in-use operating conditions, except as provided in paragraph (d) of this section. The manufacturer shall be required to demonstrate, subject to the approval of the Administrator, that such maintenance is reasonable and technologically necessary to assure the proper functioning of the emission control system. Such additional recommended maintenance shall be clearly differentiated, in a form approved by the Administrator, from that approved under Sec. 86.004- 25(b). (d) Inspections of emission-related parts or systems with instructions to replace, repair, clean, or adjust the parts or systems if necessary, are not considered to be items of scheduled maintenance which insure the proper functioning of the emission control system. Such inspections, and any recommended maintenance beyond that approved by the Administrator as reasonable and necessary under paragraphs (a), (b), and (c) of this section, may be included in the written instructions furnished to vehicle owners under paragraph (a) of this section: Provided, That such instructions clearly state, in a form approved by the Administrator, that the owner need not perform such inspections or recommended maintenance in order to maintain the emissions defect and emissions performance warranty or manufacturer recall liability. (e) The manufacturer may choose to include in such instructions an explanation of any distinction between the useful life specified on the label, and the emissions defect and emissions performance warranty period. The explanation must clearly state that the useful life period specified on the label represents the average period of use up to retirement or rebuild for the engine family represented by the engine used in the vehicle. An explanation of how the actual useful lives of engines used in various applications are expected to differ from the average useful life may be included. The explanation(s) shall be in clear, non-technical language that is understandable to the ultimate purchaser. (f) If approved by the Administrator, the instructions provided to purchasers under paragraph (a) of this section shall indicate what adjustments or modifications, if any, are necessary to allow the vehicle to meet applicable emission standards at elevations above 4,000 feet, or at elevations of 4,000 feet or less. (g) [Reserved]. For guidance see Sec. 86.094-38. (h) The manufacturer shall furnish or cause to be furnished to the purchaser of each new motor engine subject to the standards prescribed in Sec. 86.004-10 or Sec. 86.004-11, as applicable, the following: (1) Instructions for all maintenance needed after the end of the useful life of the engine for critical emissions-related components as provided in Sec. 86.004-25(b), including recommended practices for diagnosis, cleaning, adjustment, repair, and replacement of the component (or a statement that such component is maintenance free for the life of the engine) and instructions for accessing and responding to any emissions-related diagnostic codes that may be stored in on-board monitoring systems; (2) A copy of the engine rebuild provisions contained in Sec. 86.004-40. [62 FR 54728, Oct. 21, 1997] Effective Date Note: At 68 FR 38455, June 27, 2003, Sec. 86.004-38 was amended by revising the introductory text and paragraph (g) effective August 26, 2003. For the convenience of the user, the revised text is set forth as follows: Sec. 86.004-38 Maintenance instructions. This section includes text that specifies requirements that differ from those specified in Sec. 86.096-38. Where a paragraph in Sec. 86.096-38 is identical and applicable to Sec. 86.004-38, this [[Page 61]] may be indicated by specifying the corresponding paragraph and the statement ``[Reserved]. For guidance see Sec. 86.096-38.''. * * * * * (g) [Reserved]. For guidance see Sec. 86.096-38. For incorporation by reference see Secs. 86.1 and 86.096-38. * * * * *