['Air Programs']
['Mobile Emission Sources']
06/21/2024
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(a) A manufacturer must submit a separate Application for Certification (Application) for each durability group in a format approved by the Administrator and in multiple copies as designated by the Administrator. Any information within the Application which is unique to a specific test group must be submitted for each test group.
(b) Any manufacturer that fails to comply with any information requirements of §§86.1843-01 and 86.1844-01 may be subject to the following provisions:
(1) The Application (Part 1 and Part 2) and any additional information as designated by the Administrator shall be submitted for all durability groups prior to certification for subsequent model years, until otherwise notified by the Administrator. The Application shall be updated concurrently with every running change.
(2) Provisions of §86.1850-01 may be imposed.
(3) Civil penalties and remedial action as applicable under the Clean Air Act may be imposed.
(c) Part 1 of the Application. Part 1, which shall include the items listed in §86.1844-01(d), must be submitted to the Administrator before a certificate of conformity will be issued.
(d) Part 2 of the Application. Part 2, which shall include the items listed in §86.1844-01(e), must be submitted to the Administrator by January 1st of the applicable model year. If a test group is certified less than 60 days prior to January 1st of the applicable model year, Part 2 must be submitted to the Administrator within 90 days of the effective date on the applicable certificate of conformity.
(e) Running change submissions. Each running change notification, as required under §86.1842-01, must include the information listed in §86.1844-01(f) and shall be submitted to the Administrator concurrently with, or in advance of, the implementation of any change incorporated onto production vehicles.
(f) Updates to the Application for Certification. (1) The manufacturer must submit an update to the Part 1 Application by January 1st of the applicable model year to incorporate any running changes and/or corrections which occurred after certification. If a test group is certified less than 60 days prior to January 1st of the applicable model year, this update may be submitted to the Administrator within 90 days of the effective date on the applicable certificate of conformity.
(2) The manufacturer must submit a final update to Part 1 and Part 2 of the Application by May 1 following the end of the model year to incorporate any applicable running changes or corrections which occurred between January 1 of the applicable model year and the end of the model year. A manufacturer may request an extension for submitting the final update. The request must clearly indicate the circumstances necessitating the extension.
(3) The manufacturer may not use updates to its application to correct a misbuild situation with respect to vehicles already introduced into commerce.
(g) Recordkeeping. (1) This subpart includes various requirements to record data or other information. Unless we specify otherwise, store these records in any format and on any media and keep them readily available for eight years after you send an associated application for certification, or eight years after you generate the data if they do not support an application for certification. You must promptly send us organized, written records in English upon request. We may review them at any time.
(2) Upon written request by the Administrator, a manufacturer shall submit any information as described in §86.1844-01 within 15 business days. A manufacturer may request the Administrator to grant an extension. The request must clearly indicate the circumstances necessitating the extension.
(h) In-use information requirements. All information requirements of the in-use verification and confirmatory programs of §§86.1845-01 and 86.1846-01 must be met by the due dates listed in §86.1847-01.
(i) Confidential information. The provisions of 40 CFR 1068.10 and 1068.11 apply for information you submit under this subpart.
[64 FR 23925, May 4, 1999, as amended at 79 FR 23729, Apr. 28, 2014; 88 FR 4480, Jan. 24, 2023]
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