(a) Manufacturers of vehicles specified in § 86.1601 shall submit to the Administrator for approval the following altitude performance adjustment instructions.
(1) Low-altitude adjustment instructions for vehicles certified to meet the appropriate high-altitude emission standards.
(2) High-altitude adjustment instructions for vehicles certified to meet the appropriate low-altitude emission standards.
(b) Manufacturers are not required to submit altitude adjustment instructions for vehicles equipped with systems or devices that compensate (in full or in part) the engine fuel metering system for air density changes. Manufacturers claiming this exemption must submit to the Administrator for approval a notification of the claim specifying the affected vehicles. The notification must also describe the compensating system used.
(c) Manufacturers may request the Administrator to waive the application of this regulation for vehicles which potentially may never be operated at an altitude other than that for which they were designed (such as vehicles which are not offered for sale within the continental United States).
(d) Manufacturers shall meet the requirements of paragraph (a), according to the following schedule:
(1) Altitude adjustment instructions for all 1980 and earlier model year vehicles or engines shall be submitted to the Administrator within one (1) year of the effective date of this regulation.
(2) Altitude adjustment instructions for 1982 and later model year vehicles or engines shall be submitted to the Administrator within 30 days of the issuance of the certificate of conformity for those vehicles or engines. For vehicles or engines certified for the 1981 model year before the publication of this regulation, altitude adjustment instructions shall be submitted within 90 days of the publication of this regulation.
(e) Failure to submit altitude performance adjustment instructions in accordance with this section is a violation of section 203(a)(3) of the Clean Air Act and may result in penalties as specified in section 205 of the Clean Air Act. The Administrator may grant extensions of the schedule in paragraph (c) if the manufacturer submits a written request to the Administrator specifying the reasons for the need for the extension. Requests for an extension must be received by EPA at least 5 working days prior to the submittal date contained in paragraph (d).
(f) The adjustment instructions (including labels) that the Administrator approves under this subpart shall be made available by the manufacturer at no cost to service outlets and the general public. EPA encourages manufacturers to notify vehicle owners in high-altitude areas of the availability of high-altitude adjustments.
(g) If altitude adjustments are performed according to the instructions approved by the Administrator, they will not be treated as violations of the tampering provisions of section 203(a) of the Act except as described below:
Title 40 published on 2014-07-01
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