[Code of Federal Regulations]
[Title 40, Volume 30]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR1048.120]

[Page 550]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 1048_CONTROL OF EMISSIONS FROM NEW, LARGE NONROAD SPARK-IGNITION 
ENGINES--Table of Contents
 
          Subpart B_Emission Standards and Related Requirements
 
Sec. 1048.120  What warranty requirements apply to me?

    (a) General requirements. You must warrant to the ultimate buyer 
that the new nonroad engine meets two conditions:
    (1) It is designed, built, and equipped it to conform at the time of 
sale with the requirements of this part.
    (2) It is free from defects in materials and workmanship that may 
keep it from meeting these requirements.
    (b) Warranty period. Your emission-related warranty must be valid 
for at least 50 percent of the engine's useful life in hours of 
operation or at least three years, whichever comes first. In the case of 
a high-cost warranted part, the warranty must be valid for at least 70 
percent of the engine's useful life in hours of operation or at least 
five years, whichever comes first. You may offer an emission-related 
warranty more generous than we require. This warranty may not be shorter 
than any published or negotiated warranty you offer for the engine or 
any of its components. If an engine has no hour meter, we base the 
warranty periods in this paragraph (b) only on the engine's age (in 
years).
    (c) Components covered. The emission-related warranty must cover 
components whose failure would increase an engine's emissions, including 
electronic controls, fuel injection (for liquid or gaseous fuels), 
exhaust-gas recirculation, aftertreatment, or any other system you 
develop to control emissions. We generally consider replacing or 
repairing other components to be the owner's responsibility.
    (d) Scheduled maintenance. You may schedule emission-related 
maintenance for a component named in paragraph (c) of this section, 
subject to the restrictions of Sec. 1048.125. You are not required to 
cover this scheduled maintenance under your warranty if the component 
meets either of the following criteria:
    (1) The component was in general use on similar engines, and was 
subject to scheduled maintenance, before January 1, 2000.
    (2) Failure of the component would clearly degrade the engine's 
performance enough that the operator would need to repair or replace it.
    (e) Limited applicability. You may deny warranty claims under this 
section if the operator caused the problem, as described in 40 CFR 
1068.115.
    (f) Aftermarket parts. As noted 40 CFR 1068.101, it is a violation 
of the Act to manufacture an engine part if one of its main effects is 
to reduce the effectiveness of the engine's emission controls. If you 
make an aftermarket part, you may--but do not have to--certify that 
using the part will still allow engines to meet emission standards, as 
described in 40 CFR 85.2114.