Appendix II to Part 92 - Interpretive Ruling for § 92.705 - Remedial Plans
40:22.0.1.1.6.12.1.9.20 : Appendix II
Appendix II to Part 92 - Interpretive Ruling for § 92.705 -
Remedial Plans
The following is an interpretive ruling set forth previously by
EPA for on-highway vehicles. EPA expects to apply the same
principles to locomotives.
(1) The purpose of this ruling 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 ruling
will provide guidance to vehicle and engine manufacturers to better
enable them to submit acceptable remedial plans.
(2) 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.