[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: 40CFR1068.105]



[Page 823-824]

 

                   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?



    This section describes general provisions that apply to equipment 

manufacturers. See the standard-setting part for any requirements that 

apply for certain applications.

    (a) Transitioning to new engine-based standards. If new emission 

standards apply in a given model year, your equipment in that model year 

must have engines that are certified to the new standards, except that 

you may use up your normal inventory of earlier engines that were built 

before the date of the new or changed standards. For example, if your 

normal inventory practice is to keep on hand a one-month supply of 

engines based on your upcoming production schedules, and a new tier of 

standard starts to apply for the 2015 model year, you may order engines 

based on your normal inventory requirements late in the engine 

manufacturer's 2014 model year and install those engines in your 

equipment, regardless of the date of installation. Also, if your model 

year starts before



[[Page 824]]



the end of the calendar year preceding new standards, you may use 

engines from the previous model year for those units you produce before 

January 1 of the year that new standards apply. If emission standards do 

not change in a given model year, you may continue to install engines 

from the previous model year without restriction. You may not circumvent 

the provisions of Sec.  1068.101(a)(1) by stockpiling engines that were 

built before new or changed standards take effect. Note that this 

allowance does not apply for equipment subject to equipment-based 

standards.

    (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 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.

    (iv) 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.



[67 FR 68347, Nov. 8, 2002, as amended at 69 FR 39265, June 29, 2004; 70 

FR 40513, July 13, 2005]