[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: 40CFR1068.5]

[Page 686-687]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 1068_GENERAL COMPLIANCE PROVISIONS FOR NONROAD PROGRAMS--Table of Contents
 
          Subpart A_Applicability and Miscellaneous Provisions
 
Sec. 1068.5  How must manufacturers apply good engineering judgment?

    (a) You must use good engineering judgment for decisions related to 
any requirements under this chapter. This includes your applications for 
certification, any testing you do to show that your production-line or 
in-use engines comply with requirements that apply to them, and how you 
select, categorize, determine, and apply these requirements.
    (b) If we send you a written request, you must give us a written 
description of the engineering judgment in question. Respond within 15 
working days of receiving our request unless we allow more time.
    (c) We may reject your decision if it is not based on good 
engineering judgment or is otherwise inconsistent with the requirements 
that apply, based on the following provisions:
    (1) We may suspend, revoke, or void a certificate of conformity if 
we determine you deliberately used incorrect information or overlooked 
important information, that you did not decide in good faith, or that 
your decision was not rational.
    (2) If we believe a different decision would better reflect good 
engineering judgment, but none of the provisions of paragraph (c)(1) of 
this section apply, we will tell you of our concern (and its basis). You 
will have 30 days to respond to our concerns, or more time if we agree 
that you need it to generate more information. After considering your 
information, we will give you a final ruling. If we conclude that you 
did not use good engineering judgment, we may reject your decision and 
apply the new ruling to similar situations as soon as possible.
    (d) We will tell you in writing of the conclusions we reach under 
paragraph (c) of this section and explain our reasons for them.
    (e) If you disagree with our conclusions, you may file a request for 
a hearing with the Designated Officer as described in subpart F of this 
part. In your request, specify your objections, include data or 
supporting analysis, and get your authorized representative's signature. 
If we agree that your request raises a substantial factual issue, we 
will hold the hearing according to subpart F of this part.

    Effective Date Note: At 69 FR 39263, June 29, 2004, Sec. was 
amended by revising paragraphs (a) and (e), effective Aug. 30, 2004. For 
the convenience of the user, the revised text is set forth as follows:

Sec. 1068.5  How must manufacturers apply good engineering judgment?

    (a) You must use good engineering judgment for decisions related to 
any requirements under this chapter. This includes your applications for 
certification, any testing you do to show that your certification, 
production-line, and in-use engines comply with requirements that apply 
to them, and how you select, categorize, determine, and apply these 
requirements.

                                * * * * *

    (e) If you disagree with our conclusions, you may file a request for 
a hearing with the Designated Officer as described in subpart G of this 
part. In your request, specify your objections, include data or 
supporting analysis, and get your authorized representative's signature. 
If we agree that your request raises

[[Page 687]]

a substantial factual issue, we will hold the hearing according to 
subpart F of this part.