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Current as of October 02, 2022 | Updated by FindLaw Staff
(a) During the 12 months following the effective date of any change in the provisions of this part, you may ask to apply the previously applicable provisions. Note that the effective date is generally 30 or 60 days after publication in the Federal Register, as noted in the final rule. We will generally approve your request if you can demonstrate that it would be impractical to comply with the new requirements. We may consider the potential for adverse environmental impacts in our decision. Similarly, in unusual circumstances, you may ask for relief under this paragraph (a) from new requirements that apply under the standard-setting part.
(b) During the 60 days following the effective date of any change in the provisions of this part, you may use the previously applicable provisions without request if they meet either of the following criteria:
(1) The new provisions require you to redesign your engines/equipment, modify your engine/equipment labels, or change your production procedures.
(2) The new provisions change what you must include in an application for certification that you submit before the end of this 60–day period. You are not required to amend such applications to comply with the new provisions for that model year; however, this allowance does not apply for later model years, even if you certify an engine family using carryover emission data. This allowance does not affect your obligation to provide information that we request separate from an application for certification.
(c)[Reserved by 81 FR 74222]
Cite this article: FindLaw.com - Code of Federal Regulations Title 40. Protection of Environment § 40.1068.40 Special provisions for implementing changes in the regulations in this part - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-40-protection-of-environment/cfr-sect-40-1068-40/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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