[Code of Federal Regulations]
[Title 40, Volume 31]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR1068.105]

[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.  1068.105  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 825]]

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]