§ 1060.5 - Do the requirements of this part apply to me?

§ 1060.5 Do the requirements of this part apply to me?

Cross Reference

Link to an amendment published at 86 FR 34528, June 29, 2021.

The requirements of this part are generally addressed to the manufacturers that are subject to this part's requirements as described in paragraph (a) of this section. The term “you” generally means the manufacturer or manufacturers that are subject to these requirements. Paragraphs (b) through (e) of this section describe which manufacturers may or must certify their products. (Note: § 1060.601(f) allows the certification responsibility to be delegated in certain circumstances.)

(a) Overall responsibilities. Manufacturers of the engines, equipment, and fuel-system components described in § 1060.1 are subject to the standards and other requirements of this part 1060 except as otherwise noted. Multiple manufacturers may be subject to these standards and other requirements. For example, when a Small SI equipment manufacturer buys fuel line manufactured by another person and installs them in its equipment, both the equipment manufacturer and the fuel line manufacturer are subject to the standards and other requirements of this part. The following provisions apply in such cases:

(1) Each person meeting the definition of manufacturer (see § 1060.801) for a product that is subject to the standards and other requirements of this part must comply with such requirements. However, if one person complies with a specific requirement for a given product, then all manufacturers are deemed to have complied with that specific requirement. For example, if a Small SI equipment manufacturer uses fuel lines manufactured and certified by another company, the equipment manufacturer is not required to obtain a its own certificate with respect to the fuel line emission standards. Such an equipment manufacturer remains subject to the standards and other requirements of this part. However, where a provision in this part requires a specific manufacturer to comply with certain provisions, this paragraph (a) does not change or modify such a requirement. For example, this paragraph (a) does not allow you to rely on another company to certify instead of you if we specifically require you to certify.

(2) The requirements of subparts C and D of this part apply to the manufacturer that obtains the certificate of conformity. Other manufacturers are required to comply with the requirements of subparts C and D of this part only when we send notification. In our notification, we will specify a reasonable period for complying with the requirements identified in the notice. See § 1060.601 for the applicability of 40 CFR part 1068 to these other manufacturers.

(3) Certificate holders are responsible for meeting all applicable requirements even if other manufacturers are also subject to those requirements.

(b) Marine SI. Certify vessels, engines, and fuel-system components as follows:

(1) Component manufacturers must certify their fuel lines and fuel tanks intended for installation with Marine SI engines and vessels under this part 1060, except as allowed by § 1060.601(f). This includes permeation and diurnal emission standards.

(2) Vessel manufacturers are subject to all the requirements of this part 1060 that apply to Marine SI engines and fuel systems. However, they must certify to the emission standards specified in §§ 1060.102 through 1060.105 only if one or more of the following conditions apply:

(i) Vessel manufacturers must certify fuel system components they install in their vessels if the components are not certified to meet all applicable evaporative emission standards, including both permeation and diurnal standards. This would include vessel manufacturers that make their own fuel tanks. Vessel manufacturers would need to act as component manufacturers to certify under this part 1060.

(ii) Vessel manufacturers must certify their vessels only if they intend to generate or use evaporative emission credits. Vessel manufacturers would certify under part 40 CFR part 1045 using the emission-credit provisions in subpart H of that part to demonstrate compliance with the emission standard.

(3) Engine manufacturers must meet all the requirements of this part 1060 that apply to vessel manufacturers for all fuel-system components they install on their engines. For example, engine manufacturers that install under-cowl fuel lines and fuel tanks must comply with the requirements specified for vessel manufacturers with respect to those components.

(c) Large SI. Certify engines, equipment, and fuel-system components as follows:

(1) Engine manufacturers must certify their engines under 40 CFR part 1048.

(2) Equipment manufacturers and component manufacturers may certify fuel lines and fuel tanks intended for use with Large SI engines under this part 1060.

(d) Recreational vehicles. Certify vehicles, engines and fuel-system components as follows:

(1) Vehicle manufacturers must certify their vehicles under 40 CFR part 1051.

(2) Engine manufacturers must meet all the requirements of 40 CFR part 1051 that apply to vehicle manufacturers for all fuel-system components they install on their engines. For example, engine manufacturers that install fuel-line segments on the engines they ship to vehicle manufacturers must comply with the requirements specified for equipment manufacturers with respect to those components.

(3) Component manufacturers may certify fuel lines and fuel tanks intended for recreational vehicles under this part 1060.

(e) Small SI. Certify engines, equipment, and fuel-system components as follows:

(1) Component manufacturers must certify their fuel lines and fuel tanks intended for Small SI engines and equipment under this part 1060, except as allowed by § 1060.601(f).

(2) Equipment manufacturers must certify fuel system components they install in their equipment if the components are not certified to meet applicable evaporative emission standards. Equipment manufacturers would need to act as component manufacturers to certify fuel-system components under this part 1060.

(3) Engine manufacturers must meet all the requirements of this part 1060 that apply to equipment manufacturers for all fuel-system components they install on their engines. Engine manufacturers that produce Small SI engines with complete fuel systems are considered the equipment manufacturers for those engines under this part 1060.

(4) Equipment manufacturers must certify their equipment and are subject to all the requirements of this part 1060; however, this does not apply for equipment using portable nonroad fuel tanks.

(f) Summary of certification responsibilities. Tables 1 through 3 of this section summarize the certification responsibilities for different kinds of manufacturers as described in paragraphs (b) through (e) of this section. The term “No” as used in the tables means that a manufacturer is not required to obtain a certificate of conformity under paragraphs (b) through (e) of this section. In situations where multiple manufacturers are subject to the standards and other requirements of this part, such a manufacturer must nevertheless certify if the manufacturer who is required to certify under paragraphs (b) through (e) of this section fails to obtain a certificate of conformity.

Table 1 to § 1060.5 - Summary of Engine Manufacturer Evaporative Certification Responsibilities

Equipment type	Is the engine manufacturer required to certify for evaporative emission standards?a	Code of Federal Regulations Cite for Certification
Marine SI	No
Large SI	Yes	40 CFR part 1048.
Recreational vehicles	No
Small SI	No, unless engines are sold with complete fuel systems	40 CFR part 1060.

^a Fuel lines and fuel tanks that are attached to or sold with engines must be covered by a certificate of conformity.

Table 2 to § 1060.5 - Summary of Equipment Manufacturer Evaporative Certification Responsibilities

Equipment type	Is the equipment manufacturer required to certify for evaporative emission standards?	Code of Federal Regulations Cite for Certification
Marine SI	Yes, but only if vessel manufacturers install uncertified fuel lines or fuel tanks, or they intend to generate or use evaporative emission credits	40 CFR part 1060.a
Large SI	Allowed but not required	40 CFR part 1060.
Recreational vehicles	Yes, even if vehicle manufacturers install certified components	40 CFR part 1051.
Small SI	Yes, unless the equipment uses portable nonroad fuel tanks	40 CFR part 1060.a

^a See the exhaust standard-setting part for provisions related to generating or using evaporative emission credits.

Table 3 of § 1060.5 - Summary of Component Manufacturer Certification Responsibilities

Equipment type	Is the component manufacturer required to certify fuel lines and fuel tanks?	Code of Federal Regulations Cite for Certification
Marine SI	Yes, including portable marine fuel tanks and associated fuel linesa	40 CFR part 1060.
Large SI	Allowed but not required	40 CFR part 1060.
Recreational vehicles	Allowed but not required	40 CFR part 1060.
Small SI	Yesa	40 CFR part 1060.

^a See § 1060.601 for an allowance to make contractual arrangements with engine or equipment manufacturers instead of certifying.

[73 FR 59298, Oct. 8, 2008, as amended at 80 FR 9115, Feb. 19, 2015; 86 FR 34528, June 29, 2021]