[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: 40CFR1068.110]

[Page 695-696]
 
                   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. 1068.110  What other provisions apply to engines in service?

    (a) Aftermarket parts and service. As the engine manufacturer, you 
may not require anyone to use your parts or service to maintain or 
repair an engine, unless we approve this in your application for 
certification. It is a violation of the Act for anyone to manufacture an 
engine or vehicle part if one of its main effects is to reduce the 
effectiveness of the emission controls. See Sec. 1068.101(b)(2).
    (b) Certifying aftermarket parts. As the manufacturer or rebuilder 
of an aftermarket engine part, you may--but are not required to--certify 
according to Sec. 85.2114 of this chapter that using the part will not 
cause engines to fail to meet emission standards. Whether you certify or 
not, however, you must keep any information showing how your parts or 
service affect emissions.
    (c) Compliance with standards. We may test engines or equipment to 
investigate compliance with emission standards. We may also require the 
manufacturer to do this testing.
    (d) Defeat devices. We may test engines or equipment to investigate 
potential defeat devices. We may also require the manufacturer to do 
this testing. If we choose to investigate one of your designs, we may 
require you to show us that it does not have a defeat device. To do 
this, you may have to share with us information regarding test programs, 
engineering evaluations, design specifications, calibrations, on-board 
computer algorithms, and design strategies. It is a violation of the Act 
for anyone to make, install or use defeat devices. See Sec. 
1068.101(b)(2) and the standard-setting part.
    (e) Warranty and maintenance. Owners may make warranty claims 
against the manufacturer for emission-related parts, as described in 
Sec. 1068.115. This generally includes any emission-related engine 
parts that were not in common use before we have adopted emission 
standards. In general, we consider replacement or repair of any other 
components to be the owner's responsibility. The warranty period begins 
when the engine is first placed into service. See the standard-setting 
part for specific requirements. It is a violation of the Act for anyone 
to disable emission controls. See Sec. 1068.101(b)(1) and the standard-
setting part.

    Effective Date Note: At 69 FR 39266, June 29, 2004, Sec. 1068.110 
is amended by revising paragraphs (b), (c), (d), and (e), effective Aug. 
30, 2004. For the convenience of the user, the revised text is set forth 
as follows:

Sec. 1068.110  What other provisions apply to engines in service?

                                * * * * *

[[Page 696]]

    (b) Certifying aftermarket parts. As the manufacturer or rebuilder 
of an aftermarket engine part, you may--but are not required to--certify 
according to Sec. 85.2114 of this chapter that using the part will not 
cause engines to fail to meet emission standards. Whether you certify or 
not, you must keep any information showing how your parts or service 
affect emissions.
    (c) Compliance with standards. We may test engines and equipment to 
investigate compliance with emission standards and other requirements. 
We may also require the manufacturer to do this testing.
    (d) Defeat devices. We may test engines and equipment to investigate 
potential defeat devices. We may also require the manufacturer to do 
this testing. If we choose to investigate one of your designs, we may 
require you to show us that it does not have a defeat device. To do 
this, you may have to share with us information regarding test programs, 
engineering evaluations, design specifications, calibrations, on-board 
computer algorithms, and design strategies. It is a violation of the Act 
for anyone to make, install or use defeat devices. See Sec. 
1068.101(b)(2) and the standard-setting part.
    (e) Warranty and maintenance. Owners are responsible for properly 
maintaining their engines; however, owners may make warranty claims 
against the manufacturer for emission-related parts, as described in 
Sec. 1068.115. The warranty period begins when the engine is first 
placed into service. See the standard-setting part for specific 
requirements. It is a violation of the Act for anyone to disable 
emission controls; see Sec. 1068.101(b)(1) and the standard-setting 
part.