§ 1037.201 - General requirements for obtaining a certificate of conformity.  


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  • § 1037.201 General requirements for obtaining a certificate of conformity.

    (a) You must send us a separate application for a certificate of conformity for each vehicle family. A certificate of conformity is valid from the indicated effective date until the end of the model year for which it is issued. You must renew your certification annually for any vehicles you continue to produce.

    (b) The application must contain all the information required by this part and must not include false or incomplete statements or information (see § 1037.255).

    (c) We may ask you to include less information than we specify in this subpart, as long as you maintain all the information required by § 1037.250.

    (d) You must use good engineering judgment for all decisions related to your application (see 40 CFR 1068.5).

    (e) An authorized representative of your company must approve and sign the application.

    (f) See § 1037.255 for provisions describing how we will process your application.

    (g) We may perform confirmatory testing on your vehicles or components; for example, we may test vehicles to verify drag areas or other GEM inputs. This includes tractors used to determine Falt-aero under § 1037.525. We may require you to deliver your test vehicles or components to a facility we designate for our testing. Alternatively, you may choose to deliver another vehicle or component that is identical in all material respects to the test vehicle or component, or a different vehicle or component that we determine can appropriately serve as an emission-data vehicle for the family. We may perform confirmatory testing on engines under 40 CFR part 1036 and may require you to apply modified fuel maps from that testing for certification under this part.

    (h) The certification and testing provisions of 40 CFR part 86, subpart S, apply instead of the provisions of this subpart relative to the evaporative and refueling emission standards specified in § 1037.103, except that § 1037.243 describes how to demonstrate compliance with evaporative and refueling emission standards. For vehicles that do not use an evaporative canister for controlling diurnal emissions, you may certify with respect to exhaust emissions and use the provisions of § 1037.622 to let a different company certify with respect to evaporative emissions.

    (i) Vehicles and installed engines must meet exhaust, evaporative, and refueling emission standards and certification requirements in 40 CFR part 86 or 40 CFR part 1036, as applicable. Include the information described in 40 CFR part 86, subpart S, or 40 CFR 1036.205 in your application for certification in addition to what we specify in § 1037.205 so we can issue a single certificate of conformity for all the requirements that apply for your vehicle and the installed engine.

    [81 FR 74048, Oct. 25, 2016, as amended at 86 FR 34461, June 29, 2021; 88 FR 4638, Jan. 24, 2023]