Appendix A to Subpart S of Part 85 - Interpretive Ruling for § 85.1803 - Remedial Plans
40:21.0.1.1.4.8.1.9.50 : Appendix A
Appendix A to Subpart S of Part 85 - Interpretive Ruling for §
85.1803 - Remedial Plans
The purpose of this rule is to set forth EPA's interpretation
regarding one aspect of a motor vehicle or motor vehicle engine
manufacturer's recall liability under section 207(c)(1) of the
Clean Air Act, 42 U.S.C. 7641(c)(1). This rule will provide
guidance to vehicle and engine manufacturers to better enable them
to submit acceptable remedial plans.
Section 207(c)(1) requires the Administrator to base a recall
order on a determination that a substantial number of in-use
vehicles or engines within a given class or category of vehicles or
engines, although properly maintained and used, fail to conform to
the regulations prescribed under section 202 when in actual use
throughout their useful lives. After making such a determination,
he shall require the manufacturer to submit a plan to remedy the
nonconformity of any such vehicles or engines. The plan shall
provide that the manufacturer will remedy, at the manufacturer's
expense, all properly maintained and used vehicles which
experienced the nonconformity during their useful lives regardless
of their age or mileage at the time of repair.
(Secs. 207 and 301(a), Clean Air Act, as amended, 42 U.S.C. 7541
and 7601(a)) [45 FR 36398, May 30, 1980]