[Code of Federal Regulations]
[Title 40, Volume 17]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR86.090-5]

[Page 105-106]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 86_CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND 
ENGINES--Table of Contents
 
Subpart A_General Provisions for Emission Regulations for 1977 and Later 
 
Sec. 86.090-5  General standards; increase in emissions; unsafe conditions.

    (a)(1) Every new motor vehicle (or new motor vehicle engine) 
manufactured for sale, sold, offered for sale, introduced, or delivered 
for introduction to commerce, or imported into the United States for 
sale or resale which is subject to any of the standards prescribed in 
this subpart shall be covered by a certificate of conformity issued 
pursuant to Sec. Sec. 86.090-21, 86.090-22, 86.090-23, 86.090-29, 
86.090-30, 86.079-31, 86.079-32, 86.079-33, and 86.082-34.
    (2) No heavy-duty vehicle manufacturer shall take any of the actions 
specified in section 203(a)(1) of the Act with respect to any Otto-cycle 
or diesel heavy-duty vehicle which uses an engine which has not been 
certified as meeting applicable standards.
    (3) Notwithstanding paragraphs (a) (1) and (2) of this section, a 
light or heavy duty motor vehicle equipped with an engine certified to 
the nonroad provision of 40 CFR part 89 may be sold, offered for sale or 
otherwise introduced into commerce by a motor vehicle manufacturer to a 
secondary manufacturer if the motor vehicle manufacturer obtains written 
assurance from the secondary manufacturer that such vehicle will be 
converted to a nonroad vehicle or to a piece of nonroad equipment, as 
defined in 40 CFR part 89, before title is transferred to an ultimate 
purchaser. Failure of the secondary manufacturer to convert such 
vehicles to nonroad vehicles or equipment prior to transfer to an 
ultimate purchaser shall be considered a violation of section 203(a) (1) 
and (3) of the Clean Air Act.
    (b)(1) Any system installed on or incorporated in a new motor 
vehicle (or new motor vehicle engine) to enable such vehicle (or engine) 
to conform to standards imposed by this subpart.

[[Page 106]]

    (i) Shall not in its operation or function cause the emission into 
the ambient air of any noxious or toxic substance that would not be 
emitted in the operation of such vehicle (or engine) without such 
system, except as specifically permitted by regulation; and
    (ii) Shall not in its operation, function or malfunction result in 
any unsafe condition endangering the motor vehicle, its occupants, or 
persons or property in close proximity to the vehicle.
    (2) In establishing the physically adjustable range of each 
adjustable parameter on a new motor vehicle (or new motor vehicle 
engine), the manufacturer shall ensure that, taking into consideration 
the production tolerances, safe vehicle driveability characteristics are 
available within that range, as required by section 202(a)(4) of the 
Clean Air Act.
    (3) Every manufacturer of new motor vehicles (or new motor vehicle 
engines) subject to any of the standards imposed by this subpart shall, 
prior to taking any of the actions specified in section 203(a)(1) of the 
Act, test or cause to be tested motor vehicles (or motor vehicle 
engines) in accordance with good engineering practice to ascertain that 
such test vehicles (or test engines) will meet the requirements of this 
section for the useful life of the vehicle (or engine).

[54 FR 14460, Apr. 11, 1989, as amended at 61 FR 58106, Nov. 12, 1996]