[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: 40CFR1068.505]



[Page 852]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 1068_GENERAL COMPLIANCE PROVISIONS FOR NONROAD PROGRAMS--Table of 

Contents

 

            Subpart F_Reporting Defects and Recalling Engines

 

Sec.  1068.505  How does the recall program work?



    (a) If we make a determination that a substantial number of properly 

maintained and used engines do not conform to the regulations of this 

chapter during their useful life, you must submit a plan to remedy the 

nonconformity of your engines. We will notify you of our determination 

in writing. Our notice will identify the class or category of engines 

affected and describe how we reached our conclusion. If this happens, 

you must meet the requirements and follow the instructions in this 

subpart. You must remedy at your expense noncompliant engines that have 

been properly maintained and used, as described in Sec.  1068.510(a)(7). 

You may not transfer this expense to a dealer or equipment manufacturer 

through a franchise or other agreement.

    (b) You may ask for a hearing if you disagree with our determination 

(see subpart G of this part).

    (c) Unless we withdraw the determination of noncompliance, you must 

respond to it by sending a remedial plan to the Designated Officer by 

the later of these two deadlines:

    (1) Within 60 days after we notify you.

    (2) Within 60 days after a hearing.

    (d) Once you have sold an engine to the ultimate purchaser, we may 

inspect or test the engine only if he or she permits it, or if state or 

local inspection programs separately provide for it.

    (e) You may ask us to allow you to conduct your recall differently 

than specified in this subpart, consistent with section 207(c) of the 

Act (42 U.S.C. 7541(c)).

    (f) You may do a voluntary recall under Sec.  1068.535, unless we 

have made the determination described in Sec.  1068.535(a).

    (g) For purposes of recall, owner means someone who owns an engine 

affected by a remedial plan or someone who owns a piece of equipment 

that has one of these engines.



[67 FR 68347, Nov. 8, 2002, as amended at 69 FR 39272, June 29, 2004; 70 

FR 40516, July 13, 2005]