[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: 40CFR1068.105]

[Page 694-695]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 1068_GENERAL COMPLIANCE PROVISIONS FOR NONROAD PROGRAMS--Table of Contents
 
          Subpart B_Prohibited Actions and Related Requirements
 
Sec. 1068.105  What other provisions apply to me specifically if I 
manufacture equipment needing certified engines?

    (a) Transitioning to new standards. You may use up your normal 
inventory of engines not certified to new emission standards if they 
were built before the date of the new standards. However, stockpiling 
these engines violates Sec. 1068.101(a)(1).
    (b) Installing engines. You must follow the engine manufacturer's 
emission-related installation instructions. For example, you may need to 
constrain where you place an exhaust aftertreatment device or integrate 
into your equipment models a device for sending visual or audible 
signals to the operator. Not meeting the manufacturer's emission-related 
installation instructions is a violation of Sec. 1068.101(b)(1).
    (c) Attaching a duplicate label. If you obscure the engine's label, 
you must do three things to avoid violating Sec. 1068.101(a)(1):
    (1) Permanently attach to your equipment a duplicate label. Secure 
it to a part needed for normal operation and not normally requiring 
replacement.
    (2) Make sure your label is identical to the engine label. You may 
make the label yourself or get it from the engine manufacturer.
    (3) Make sure an average person can easily read it.
    (d) Producing nonroad equipment certified to highway emission 
standards. You may produce nonroad equipment from complete or incomplete 
motor vehicles with the motor vehicle engine if you meet three criteria:
    (1) The engine or vehicle is certified to 40 CFR part 86.
    (2) The engine is not adjusted outside the manufacturer's 
specifications.
    (3) The engine or vehicle is not modified in any way that may affect 
its emission control. This applies to evaporative emission controls, but 
not refueling emission controls.

[[Page 695]]


    Effective Date Note: At 69 FR 39265. June 29, 2004, Sec. 1068.105 
is amended by revising paragraph (c) and adding introductory text, 
effective Aug. 30, 2004. For the convenience of the user, the revised 
text is set forth as follows:

Sec. 1068.105  What other provisions apply to me specifically if I 
          manufacture equipment needing certified engines?

    This section describes general provisions that apply to equipment 
manufacturers. See the standard-setting part for any requirements that 
apply for certain applications.

                                * * * * *

    (c) Attaching a duplicate label. If you obscure the engine's label, 
you must do four things to avoid violating Sec. 1068.101(a)(1):
    (1) Send a request for duplicate labels in writing with your 
company's letterhead to the engine manufacturer. Include the following 
information in your request:
    (i) Identify the type of equipment and the specific engine and 
equipment models needing duplicate labels.
    (ii) Identify the engine family (from the original engine label).
    (iii) State the reason that you need a duplicate label for each 
equipment model.
    (iii) Identify the number of duplicate labels you will need.
    (2) Permanently attach the duplicate label to your equipment by 
securing it to a part needed for normal operation and not normally 
requiring replacement. Make sure an average person can easily read it.
    (3) Destroy any unused duplicate labels if you find that you will 
not need them.
    (4) Keep the following records for at least eight years after the 
end of the model year identified on the engine label:
    (i) Keep a copy of your written request.
    (ii) Keep drawings or descriptions that show how you apply the 
duplicate labels to your equipment.
    (iii) Maintain a count of those duplicate labels you use and those 
you destroy.

                                * * * * *