[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: 40CFR1068.110]



[Page 824-825]

 

                   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, 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.



[[Page 825]]



    (e) Warranty and maintenance. Owners are responsible for properly 

maintaining their engines; however, owners may make warranty claims 

against the manufacturer for all expenses related to diagnosing and 

repairing or replacing 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.



[67 FR 68347, Nov. 8, 2002, as amended at 69 FR 39266, June 29, 2004; 70 

FR 40513, July 13, 2005]