[Code of Federal Regulations]

[Title 40, Volume 31]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR1039.120]



[Page 494-495]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 1039_CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD 

COMPRESSION-IGNITION ENGINES--Table of Contents

 

          Subpart B_Emission Standards and Related Requirements

 

Sec.  1039.120  What emission-related warranty requirements apply to me?



    (a) General requirements. You must warrant to the ultimate purchaser 

and each subsequent purchaser that the new nonroad engine, including all 

parts of its emission-control system, meets two conditions:

    (1) It is designed, built, and equipped so it conforms at the time 

of sale to the ultimate purchaser 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 as long as the minimum warranty periods listed in this 

paragraph (b) in hours of operation and years, whichever comes first. 

You may offer an emission-related warranty more generous than we 

require. The emission-related warranty for the engine may not



[[Page 495]]



be shorter than any published warranty you offer without charge for the 

engine. Similarly, the emission-related warranty for any component may 

not be shorter than any published warranty you offer without charge for 

that component. If an engine has no hour meter, we base the warranty 

periods in this paragraph (b) only on the engine's age (in years). The 

warranty period begins when the engine is placed into service. The 

minimum warranty periods are shown in the following table:



----------------------------------------------------------------------------------------------------------------

                                        And its maximum power    And its rated speed is     Then its warranty

 If your engine is certified as . . .          is . . .                  . . .               period is . . .

----------------------------------------------------------------------------------------------------------------

Variable speed or constant speed.....  kW < 19................  Any speed..............  1,500 hours or two

                                                                                          years, whichever comes

                                                                                          first.

Constant speed.......................  19 <= kW < 37..........  3,000 rpm or higher....  1,500 hours or two

                                                                                          years, whichever comes

                                                                                          first.

Constant speed.......................  19 <= kW < 37..........  Less than 3,000 rpm....  3,000 hours or five

                                                                                          years, whichever comes

                                                                                          first.

Variable speed.......................  19 <= kW < 37..........  Any speed..............  3,000 hours or five

                                                                                          years, whichever comes

                                                                                          first.

Variable speed or constant speed.....  kW = 37.....  Any speed..............  3,000 hours or five

                                                                                          years, whichever comes

                                                                                          first.

----------------------------------------------------------------------------------------------------------------



    (c) Components covered. The emission-related warranty covers all 

components whose failure would increase an engine's emissions of any 

pollutant. This includes components listed in 40 CFR part 1068, Appendix 

I, and components from any other system you develop to control 

emissions. The emission-related warranty covers these components even if 

another company produces the component. Your emission-related warranty 

does not cover components whose failure would not increase an engine's 

emissions of any pollutant.

    (d) Limited applicability. You may deny warranty claims under this 

section if the operator caused the problem through improper maintenance 

or use, as described in 40 CFR 1068.115.

    (e) Owners manual. Describe in the owners manual the emission-

related warranty provisions from this section that apply to the engine.



[69 FR 39213, June 29, 2004, as amended at 70 FR 40463, July 13, 2005]