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Title 40

Displaying title 40, up to date as of 6/04/2026. Title 40 was last amended 6/04/2026.
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§ 1054.320 What happens if one of my production-line engines fails to meet emission standards?

(a) If you have a production-line engine with final deteriorated test results exceeding one or more emission standards (see § 1054.315(a)), the certificate of conformity is automatically suspended for that failing engine. You must take the following actions before your certificate of conformity can cover that engine:

(1) Correct the problem and retest the engine to show it complies with all emission standards.

(2) Include the test results and describe the remedy for each engine in the written report required under § 1054.345.

(b) You may request to amend the application for certification to raise the FEL of the entire engine family at this point (see § 1054.225).

(c) Use test data from a failing engine for the compliance demonstration under § 1054.315 as follows:

(1) Use the original, failing test results as described in § 1054.315, whether or not you modify the engine or destroy it.

(2) Do not use test results from a modified engine as final test results under § 1054.315, unless you change your production process for all engines to match the adjustments you made to the failing engine. If this occurs, count the modified engine as the next engine in the sequence, rather than averaging the results with the testing that occurred before modifying the engine.

[73 FR 59259, Oct. 8, 2008, as amended at 86 FR 34521, June 29, 2021]