40 CFR 86.439-78 - Alternative procedure for notification of additions and changes.
(1) A manufacturer may, in lieu of notifying the Administrator in advance of an addition of a vehicle or a change in a vehicle under § 86.438-78, notify the Administrator concurrently with the addition of a vehicle or the making of a change in a vehicle if the manufacturer determines that following the change all vehicles affected by the addition or change will still meet the applicable emission standards.
(2) Such notification shall include a full description of the addition or change and any supporting documentation the manufacturer may include to support the manufacturer's determination that the addition or change does not cause noncompliance.
(3) The manufacturer's determination that the addition or change does not cause noncompliance shall be based on an engineering evaluation of the addition or change and/or testing.
(4) The Administrator may grant additional time to complete testing.
(5) If based on this additional testing or any other information, the Administrator determines that the vehicles affected by the addition or change do not meet the applicable standards, the Administrator will notify the manufacturer to rescind the addition or change immediately upon receipt of the notification.
(d) Election to produce vehicles under this section will be deemed to be a consent to recall all vehicles which the Administrator determines under § 86.438-78 do not meet applicable standards, and to cause such nonconformity to be remedied at no expense to the owner.