[Code of Federal Regulations]

[Title 40, Volume 20]

[Revised as of July 1, 2006]

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

[CITE: 40CFR89.123]



[Page 63-64]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

 

PART 89_CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD 

COMPRESSION-IGNITION ENGINES--Table of Contents

 

        Subpart B_Emission Standards and Certification Provisions

 

Sec.  89.123  Amending the application and certificate of conformity.



    (a) The manufacturer of nonroad compression-ignition engines must 

notify the Administrator when changes to information required to be 

described in the application for certification are to be made to a 

product line covered by a certificate of conformity. This notification 

must include a request to amend the application or the existing 

certificate of conformity. Except as provided in paragraph (e) of this 

section, the manufacturer shall not make said changes or produce said 

engines prior to receiving approval from EPA.

    (b) A manufacturer's request to amend the application or the 

existing certificate of conformity shall include the following 

information:

    (1) A full description of the change to be made in production or of 

the engine to be added;

    (2) Engineering evaluations or data showing that engines as modified 

or added will comply with all applicable emission standards; and

    (3) A determination whether the manufacturer's original test fleet 

selection is still appropriate, and if the original test fleet selection 

is determined not to be appropriate, proposed test fleet selection(s) 

representing the engines changed or added which would have been required 

if the engines had been included in the original application for 

certification.

    (c) The Administrator may require the manufacturer to perform tests 

on the engine representing the engine to be added or changed.

    (d) Decision by Administrator. (1) Based on the description of the 

proposed amendment and data derived from such testing as the 

Administrator may require or conduct, the Administrator



[[Page 64]]



will determine whether the proposed change or addition would still be 

covered by the certificate of conformity then in effect.

    (2) If the Administrator determines that the change or new engine(s) 

meets the requirements of this subpart and the Act, the appropriate 

certificate of conformity is amended.

    (3) If the Administrator determines that the changed or new 

engine(s) does not meet the requirements of this subpart and the Act, 

the certificate of conformity will not be amended. The Administrator 

shall provide a written explanation to the manufacturer of the decision 

not to amend the certificate. The manufacturer may request a hearing on 

a denial.

    (e) A manufacturer may make changes in or additions to production 

engines concurrently with notifying the Administrator as required by 

paragraph (a) of this section, if the manufacturer complies with the 

following requirements:

    (1) In addition to the information required in paragraph (b) of this 

section, the manufacturer must supply supporting documentation, test 

data, and engineering evaluations as appropriate to demonstrate that all 

affected engines will still meet applicable emission standards.

    (2) If, after a review, the Administrator determines additional 

testing is required, the manufacturer must provide required test data 

within 30 days or cease production of the affected engines.

    (3) If the Administrator determines that the affected engines do not 

meet applicable requirements, the Administrator will notify the 

manufacturer to cease production of the affected engines and to recall 

and correct at no expense to the owner all affected engines previously 

produced.

    (4) Election to produce engines under this paragraph will be deemed 

to be a consent to recall all engines which the Administrator determines 

do not meet applicable standards and to cause such nonconformity to be 

remedied at no expense to the owner.



[59 FR 31335, June 17, 1994. Redesignated at 63 FR 56995, Oct. 23, 1998]