[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: 40CFR1048.120]



[Page 556-557]

 

                   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 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 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. The emission-related warranty 

for the engine may not 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.



[[Page 557]]



    (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.



[70 FR 40467, July 13, 2005]