368 
tion 221102(b) of this title. If the Administrator finds on the basis of 
such tests that the vehicle or engine conforms to the standards, the Ad-
ministrator shall issue a verification of compliance with emission stand-
ards for the system when incorporated in vehicles of a class of which 
the tested vehicle is representative. The Administrator shall inform 
manufacturers and the National Academy of Sciences, and make avail-
able to the public, the results of the tests. Tests under this paragraph 
shall be conducted under such terms and conditions (including require-
ments for preliminary testing by qualified independent laboratories) as 
the Administrator may prescribe by regulation. 
(3) CONFORMITY TO REQUIREMENTS.— 
(A) IN GENERAL.—A certificate of conformity may be issued 
under this section only if the Administrator determines that the 
manufacturer (or in the case of a vehicle or engine for import, any 
person) has established to the satisfaction of the Administrator 
that any emission control device, system, or element of design in-
stalled on, or incorporated in, a vehicle or engine conforms to ap-
plicable requirements of section 221102(a)(4) of this title. 
(B) TESTS.—The Administrator may conduct such tests and 
may require the manufacturer (or any such person) to conduct 
such tests and provide such information as are necessary to carry 
out subparagraph (A). Such requirements shall include a require-
ment for prompt reporting of the emission of any unregulated pol-
lutant from a system, device, or element of design if the pollutant 
was not emitted, or was emitted in significantly lesser amounts, 
from the vehicle or engine without use of the system, device, or 
element of design. 
(4) LIGHT-DUTY VEHICLES AND LIGHT-DUTY TRUCKS.—The regula-
tions promulgated under this subsection shall include test procedures 
capable of determining whether light-duty vehicles and light-duty 
trucks, when properly maintained and used, will pass the inspection 
methods and procedures established under section 221107(c) of this 
title under conditions reasonably likely to be encountered in the con-
duct of inspection and maintenance programs, but which those pro-
grams cannot reasonably influence or control. The conditions shall in-
clude fuel characteristics, ambient temperature, and short (30 minutes 
or less) waiting periods before tests are conducted. The Administrator 
shall not grant a certificate of conformity under this subsection for any 
vehicle or engine that the Administrator concludes cannot pass the test 
procedures established under this paragraph. 
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(b) NEW MOTOR VEHICLES AND NEW MOTOR VEHICLE ENGINES BEING 
MANUFACTURED.— 
(1) IN GENERAL.—To determine whether new motor vehicles or new 
motor vehicle engines conform to the regulations with respect to which 
a certificate of conformity is issued, the Administrator may test the 
new motor vehicles and new motor vehicle engines. The tests may be 
conducted by the Administrator directly or, in accordance with condi-
tions specified by the Administrator, by the manufacturer of the new 
motor vehicles or new motor vehicle engines. 
(2) NONCONFORMITY.— 
(A) IN GENERAL.— 
(i) DETERMINATION ON TEST OF SAMPLE OF NEW MOTOR 
VEHICLES OR NEW MOTOR VEHICLE ENGINES.—If, based on 
tests conducted under paragraph (1) on a sample of new 
motor vehicles or new motor vehicle engines covered by a cer-
tificate of conformity, the Administrator determines that all 
or part of the new motor vehicles or new motor vehicle en-
gines do not conform with the regulations with respect to 
which the certificate of conformity was issued and with the 
requirements of section 221102(a)(4) of this title, the Admin-
istrator may suspend or revoke the certificate in whole or in 
part, and shall so notify the manufacturer. The suspension or 
revocation shall apply in the case of any new motor vehicles 
or new motor vehicle engines manufactured after the date of 
such notification (or manufactured before that date if still in 
the possession of the manufacturer), and shall apply until 
such time as the Administrator finds that new motor vehicles 
and new motor vehicle engines manufactured by the manufac-
turer conform to the regulations and requirements. If, during 
any period of suspension or revocation, the Administrator 
finds that a new motor vehicle or new motor vehicle engine 
conforms to the regulations and requirements, the Adminis-
trator shall issue a certificate of conformity applicable to the 
new motor vehicle or new motor vehicle engine. 
(ii) DETERMINATION ON TEST OF ANY NEW MOTOR VEHI-
CLE OR NEW MOTOR VEHICLE ENGINE.—If, based on tests 
conducted under paragraph (1) on any new vehicle or engine, 
the Administrator determines that the vehicle or engine does 
not conform with the regulations with respect to which the 
certificate of conformity was issued and with the require-
ments of section 221102(a)(4) of this title, the Administrator 
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may suspend or revoke the certificate insofar as it applies to 
the vehicle or engine until such time as the Administrator 
finds that the vehicle or engine actually conforms with those 
regulations and requirements, and the Administrator shall so 
notify the manufacturer. 
(B) HEARING.—At the request of any manufacturer the Admin-
istrator shall grant the manufacturer a hearing as to whether the 
tests have been properly conducted or any sampling methods have 
been properly applied, and make a determination on the record 
with respect to any suspension or revocation under subparagraph 
(A); but suspension or revocation under subparagraph (A) shall 
not be stayed by reason of such a hearing. 
(C) JUDICIAL REVIEW.— 
(i) IN GENERAL.—In any case of actual controversy as to 
the validity of any determination under subparagraph (B), 
the manufacturer may at any time prior to the 60th day after 
the determination is made file a petition with the United 
States court of appeals for the circuit in which the manufac-
turer resides or has its principal place of business for a judi-
cial review of the determination. A copy of the petition shall 
be forthwith transmitted by the clerk of the court to the Ad-
ministrator or other officer designated by the Administrator 
for that purpose. The Administrator thereupon shall file in 
the court the record of the proceedings on which the Adminis-
trator based the Administrator’s determination, as provided 
in section 2112 of title 28. 
(ii) ADDITIONAL EVIDENCE.—If the petitioner applies to 
the court for leave to adduce additional evidence, and shows 
to the satisfaction of the court that the additional evidence 
is material and that there were reasonable grounds for the 
failure to adduce the evidence in the proceeding before the 
Administrator, the court may order the additional evidence 
(and evidence in rebuttal thereof) to be taken before the Ad-
ministrator, in such manner and on such terms and condi-
tions as the court considers proper. The Administrator may 
modify the Administrator’s findings as to the facts, or make 
new findings, by reason of the additional evidence so taken, 
and the Administrator shall file the modified or new findings, 
and the Administrator’s recommendation, if any, for the 
modification or setting aside of the Administrator’s original 
determination, with the return of the additional evidence. 
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(iii) JURISDICTION; RELIEF.—On the filing of the petition 
under clause (i), the court shall have jurisdiction to review 
the order in accordance with chapter 7 of title 5 and to grant 
appropriate relief as provided in that chapter. 
(c) INSPECTION.— 
(1) IN GENERAL.—For purposes of enforcement of this section, offi-
cers or employees duly designated by the Administrator, on presenting 
appropriate credentials to the manufacturer or person in charge, may— 
(A) enter, at reasonable times, any plant or other establishment 
of a manufacturer, for the purpose of conducting tests of vehicles 
or engines in the possession of the manufacturer; or 
(B) inspect, at reasonable times, records, processes, controls, 
and facilities used by a manufacturer in conducting tests under 
regulations of the Administrator. 
(2) PROMPTNESS.—An inspection under paragraph (1) shall be com-
menced and completed with reasonable promptness. 
(d) METHODS AND PROCEDURES FOR MAKING TESTS.—The Adminis-
trator shall by regulation establish methods and procedures for making tests 
under this section. 
(e) PUBLICATION OF TEST RESULTS.—At the beginning of each model 
year, the Administrator shall make available to the public the results of the 
Administrator’s tests of any motor vehicle or motor vehicle engine submitted 
by a manufacturer under subsection (a). The results shall be described in 
such a nontechnical manner as will reasonably disclose to prospective ulti-
mate purchasers of new motor vehicles and new motor vehicle engines the 
comparative performance of the vehicles and engines tested in meeting the 
standards prescribed under section 221101 of this title. 
(f) HIGH ALTITUDE REGULATIONS.—All light-duty vehicles and engines 
and all light-duty trucks shall comply with the requirements of section 
221102 of this title regardless of the altitude at which they are sold. 
(g) NONCONFORMANCE PENALTY.— 
(1) IN GENERAL.—In the case of any class or category of heavy-duty 
vehicles or engines or motorcycles to which a standard promulgated 
under section 221102(a) of this title applies, except as provided in 
paragraph (2), a certificate of conformity shall be issued under sub-
section (a) and shall not be suspended or revoked under subsection 
(b)(2) for such vehicles or engines or motorcycles manufactured by a 
manufacturer notwithstanding the failure of the vehicles or engines or 
motorcycles to meet that standard if the manufacturer pays a non-
conformance penalty as provided under regulations promulgated by the 
Administrator after notice and opportunity for public hearing. 
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(2) EXCESSIVE DEGREE OF FAILURE.—No certificate of conformity 
may be issued under paragraph (1) with respect to any class or cat-
egory of vehicle or engine if the degree by which the manufacturer fails 
to meet any standard promulgated under section 221102(a) of this title 
with respect to that class or category exceeds the percentage deter-
mined under regulations promulgated by the Administrator to be prac-
ticable. The regulations shall require such testing of vehicles or engines 
being produced as may be necessary to determine the percentage of the 
classes or categories of vehicles or engines that are not in compliance 
with the regulations with respect to which a certificate of conformity 
is issued. 
(3) AMOUNT OF NONCONFORMANCE PENALTY.—The regulations pro-
mulgated under paragraph (1) shall provide for nonconformance pen-
alties in amounts determined under a formula established by the Ad-
ministrator. The penalties under the formula— 
(A) may vary from pollutant to pollutant; 
(B) may vary by class or category or vehicle or engine; 
(C) shall take into account the extent to which actual emissions 
of any air pollutant exceed allowable emissions under the stand-
ards promulgated under section 221102 of this title; 
(D) shall be increased periodically to create incentives for the 
development of production vehicles or engines that achieve the re-
quired degree of emission reduction; and 
(E) shall remove any competitive disadvantage to manufacturers 
whose engines or vehicles achieve the required degree of emission 
reduction (including any such disadvantage arising from the appli-
cation of paragraph (4)). 
(4) WARRANTY; ACTIONS.—In any case in which a certificate of con-
formity has been issued under this subsection, any warranty required 
under section 221107(c)(2)(B) of this title and any action under sec-
tion 221107(d) of this title shall be required to be effective only for 
the emission levels for which the Administrator determines that the cer-
tificate was issued and not for the emission levels required under the 
applicable standard. 
(5) AUTHORITIES.—The authorities of section 221108(a) of this title 
shall apply, subject to the conditions of section 221108(b) of this title, 
for purposes of this subsection. 
(h) TESTING UNDER CIRCUMSTANCES THAT REFLECT ACTUAL CUR-
RENT DRIVING CONDITIONS.—The regulations under subsections (a) and 
(b) regarding the testing of motor vehicles and motor vehicle engines shall 
ensure that vehicles are tested under circumstances that reflect the actual 
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current driving conditions under which motor vehicles are used, including 
conditions relating to fuel, temperature, acceleration, and altitude. 
§ 221107. Compliance by vehicles and engines in actual use 
(a) DEFINITIONS.—In this section: 
(1) ONBOARD EMISSION DIAGNOSTIC DEVICE.— 
(A) IN GENERAL.—The term ‘‘onboard emission diagnostic de-
vice’’ means any device installed for the purpose of storing or 
processing emission-related diagnostic information. 
(B) EXCLUSIONS.—The term ‘‘onboard emission diagnostic de-
vice’’ does not include any part or other system that a device de-
scribed in subparagraph (A) monitors except for a specified major 
emission control component. 
(2) SPECIFIED MAJOR EMISSION CONTROL COMPONENT.— 
(A) IN GENERAL.—The term ‘‘specified major emission control 
component’’ means a catalytic converter, an electronic emission 
control unit, and an onboard emissions diagnostic device. 
(B) OTHER DEVICES.—The Administrator may designate any 
other pollution control device or component as a specified major 
emission control component if— 
(i) the device or component was not in general use on vehi-
cles and engines manufactured prior to model year 1990; and 
(ii) the Administrator determines that the retail cost (ex-
clusive of installation costs) of the device or component ex-
ceeds $200 (in 1989 dollars), adjusted for inflation or defla-
tion as calculated by the Administrator at the time of the de-
termination. 
(3) WARRANTY PERIOD.— 
(A) NEW LIGHT-DUTY TRUCKS AND NEW LIGHT-DUTY VEHI-
CLES AND ENGINES MANUFACTURED IN MODEL YEAR 1995 AND 
THEREAFTER.— 
(i) IN GENERAL.—The term ‘‘warranty period’’, with re-
spect to a new light-duty truck or new light-duty vehicle or 
engine manufactured in model year 1995 or thereafter, means 
the 1st 2 years or 24,000 miles of use (whichever first oc-
curs), except as provided in subparagraph (B). 
(ii) OTHER VEHICLES AND ENGINES.—The term ‘‘warranty 
period’’, with respect to a vehicle or engine other than a vehi-
cle or engine described in clause (i), means a period estab-
lished by the Administrator by regulation. 
(B) SPECIFIED MAJOR EMISSION CONTROL COMPONENTS.—The 
term ‘‘warranty period’’, with respect to a specified major emission 
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control component of a new light-duty truck or new light-duty ve-
hicle or engine manufactured in model year 1995 or thereafter, 
means the 1st 8 years or 80,000 miles of use (whichever first oc-
curs). 
(b) IN GENERAL.— 
(1) NEW MOTOR VEHICLE AND NEW MOTOR VEHICLE ENGINE WAR-
RANTY.—The manufacturer of each new motor vehicle and new motor 
vehicle engine shall warrant to the ultimate purchaser and each subse-
quent purchaser that the vehicle or engine is— 
(A) designed, built, and equipped so as to conform at the time 
of sale with applicable regulations under section 221102 of this 
title; and 
(B) free from defects in materials and workmanship that cause 
such a vehicle or engine to fail to conform with applicable regula-
tions 
for 
its 
useful 
life 
(as 
determined 
under 
section 
221102(a)(1)(C) of this title). 
(2) MOTOR VEHICLE PART OR MOTOR VEHICLE ENGINE PART CER-
TIFICATION.—In the case of a motor vehicle part or motor vehicle en-
gine part, the manufacturer or rebuilder of the part may certify that 
use of the part will not result in a failure of the vehicle or engine to 
comply with emission standards promulgated under section 221102 of 
this title. Such a certification shall be made only under such regula-
tions as the Administrator may promulgate to carry out subsection (c). 
(3) PAYMENT
OF
REPLACEMENT
COSTS
OF
PARTS, DEVICES, OR 
COMPONENTS DESIGNED FOR EMISSION CONTROL.— 
(A) DEFINITION
OF
PART, DEVICE, OR
COMPONENT
OF
A 
LIGHT-DUTY VEHICLE THAT IS DESIGNED FOR EMISSION CON-
TROL.—In this paragraph: 
(i) IN GENERAL.—The term ‘‘part, device, or component of 
a light-duty vehicle that is designed for emission control’’ 
means a catalytic converter, thermal reactor, or other compo-
nent installed on or in a vehicle for the sole or primary pur-
pose of reducing vehicle emissions. 
(ii) EXCLUSIONS.—The term ‘‘part, device, or component 
of a light-duty vehicle that is designed for emission control’’ 
does not include a vehicle component that was in general use 
prior to model year 1968 and the primary function of which 
is not related to emission control. 
(B) PAYMENT BY MANUFACTURER.—The cost of any part, de-
vice, or component of a light-duty vehicle that is designed for 
emission control and that, under the instructions issued pursuant 
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to subsection (d)(4), is scheduled for replacement during the use-
ful life of a vehicle to maintain compliance with regulations under 
section 221102 of this title, the failure of which shall not interfere 
with the normal performance of the vehicle, and the expected retail 
price of which, including installation costs, is greater than 2 per-
cent of the suggested retail price of the vehicle, shall be borne or 
reimbursed at the time of replacement by the vehicle manufac-
turer, and the replacement shall be provided without cost to an ul-
timate purchaser, subsequent purchaser, or dealer. 
(c) TESTING METHODS AND PROCEDURES.— 
(1) DETERMINATION.—The Administrator shall take the actions de-
scribed in paragraph (2) if the Administrator determines that— 
(A) there are available testing methods and procedures to ascer-
tain whether, when in actual use throughout the warranty period, 
each vehicle and engine to which regulations under section 221102 
of this title apply complies with the emission standards of those 
regulations; 
(B) those methods and procedures are in accordance with good 
engineering practices; and 
(C) those methods and procedures are reasonably capable of 
being correlated with tests conducted under section 221106(a)(1) 
of this title. 
(2) ACTIONS.—If the Administrator makes the determination de-
scribed in paragraph (1)— 
(A) the Administrator shall establish the methods and proce-
dures described in paragraph (1) by regulation; and 
(B) at such time as the Administrator determines that inspec-
tion facilities or equipment are available for purposes of carrying 
out testing methods and procedures established under paragraph 
(1)(A), the Administrator shall prescribe regulations that require 
manufacturers to warrant the emission control device or system of 
each new motor vehicle or new motor vehicle engine to which a 
regulation under section 221102 of this title applies and that is 
manufactured in a model year beginning after the Administrator 
first prescribes warranty regulations under this subparagraph. 
(3) WARRANTY.—A warranty under the regulations prescribed under 
paragraph (2)(B)— 
(A) shall run to the ultimate purchaser and each subsequent 
purchaser; and 
(B) shall provide that if— 
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(i) the vehicle or engine is maintained and operated in ac-
cordance with instructions under subsection (d)(4); 
(ii) the vehicle or engine fails to conform at any time dur-
ing the warranty period to the regulations prescribed under 
section 221102 of this title; and 
(iii) the nonconformity results in the ultimate purchaser (or 
any subsequent purchaser) of the vehicle or engine having to 
bear any penalty or other sanction (including the denial of 
the right to use the vehicle or engine) under Federal or State 
law; 
the manufacturer shall remedy the nonconformity under the war-
ranty, with the cost to be borne by the manufacturer. 
(4) NO BASIS FOR INVALIDITY.—A warranty under the regulations 
prescribed under paragraph (2)(B) shall not be invalid on the basis of 
any part used in the maintenance or repair of a vehicle or engine if 
the part was certified as provided under subsection (b)(2). 
(5) INSTRUCTIONS.—Clause (i) of paragraph (3)(B) shall apply only 
where the Administrator has made a determination that the instruc-
tions concerned conform to the requirements of subsection (d)(4). 
(d) NONCONFORMING
VEHICLES; PLAN
FOR
REMEDYING
NONCON-
FORMITY; INSTRUCTIONS FOR MAINTENANCE AND USE; LABEL OR TAG.— 
(1) APPLICABILITY.—This subsection is effective with respect to ve-
hicles and engines manufactured during model years beginning more 
than 60 days after December 31, 1970. 
(2) NOTICE TO MANUFACTURER; PLAN REQUIREMENT.— 
(A) IN GENERAL.—If the Administrator determines that a sub-
stantial number of any class or category of vehicles or engines, al-
though properly maintained and used, do not conform to the regu-
lations prescribed under section 221102 of this title, when in ac-
tual use throughout their useful life (as determined under section 
221102(a)(1)(C) of this title), the Administrator shall— 
(i) immediately notify the manufacturer of the vehicles or 
engines of the nonconformity; and 
(ii) require the manufacturer to submit a plan for rem-
edying the nonconformity of the vehicles or engines with re-
spect to which such notification is given. 
(B) PLAN PROVISIONS.—The plan shall provide that the non-
conformity of any such vehicles or engines that are properly used 
and maintained will be remedied at the expense of the manufac-
turer. 
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