---
kind: "section"
citation: "40 C.F.R. § 86.1114-87"
title: "40"
number: "86.1114-87"
heading: "Suspension and voiding of certificates of conformity."
url: "https://uscodex.org/cfr/40/86.1114-87"
---

# §86.1114-87. Suspension and voiding of certificates of conformity.

- (a) The certificate of conformity is suspended with respect to any engine or vehicle failing pursuant to [paragraph (f)](/cfr/40/86.1112-87.md?p=f) of § 86.1112-87 effective from the time that a fail decision is made for that engine or vehicle.
- (b) Once a certificate has been suspended for a failed engine or vehicle as provided for in [paragraph (a)](#a) of this section, the manufacturer shall take the following actions:
  - (1) Before the certificate is reinstated for that failed engine or vehicle,
    - (i) Remedy the nonconformity, and
    - (ii) Demonstrate that the engine or vehicle conforms to the applicable standards or compliance levels by retesting the engine or vehicle in accordance with these regulations; and
  - (2) Submit a written report to the Administrator within five working days after successful completion of testing on the failed engine or vehicle, which contains a description of the remedy and test results for each engine or vehicle in addition to other information that may be required by this regulation.
- (c) The Administrator may suspend the certificate of conformity if the manufacturer, after electing to conduct a PCA, fails to adhere to the requirements stated in § [86.1106-87(b)(3)](/cfr/40/86.1106-87.md?p=b-3), [(b)(6)(iii)](/cfr/40/86.1106-87.md?p=b-6-iii), [(c)(2)](/cfr/40/86.1106-87.md?p=b-c-2), or [(c)(5)(iii)](/cfr/40/86.1106-87.md?p=c-5-iii).
- (d) The Administrator may suspend the qualified certificate of conformity issued under the conditions specified in [§ 86.1106-87](/cfr/40/86.1106-87.md) if the manufacturer fails to adhere to the requirements stated in § [86.1106-87(a)(3)](/cfr/40/86.1106-87.md?p=a-3), [(a)(4)(iii)](/cfr/40/86.1106-87.md?p=a-4-iii), [(d)(2)(iii)](/cfr/40/86.1106-87.md?p=d-2-iii), or [(d)(3)](/cfr/40/86.1106-87.md?p=d-d-3).
- (e) The Administrator may suspend the certificate of conformity or the qualified certificate of conformity if the compliance level as determined in [§ 86.1112-87(a)](/cfr/40/86.1112-87.md?p=a) is in excess of the upper limit.
- (f) The Administrator may void the certificate of conformity if the compliance level as determined in [§ 86.1112-87(a)](/cfr/40/86.1112-87.md?p=a) is in excess of the upper limit and the manufacturer fails to recall any engines or vehicles introduced into commerce pursuant to § [86.1106-87(a)(4)(ii)](/cfr/40/86.1106-87.md?p=a-4-ii), [(b)(6)(ii)](/cfr/40/86.1106-87.md?p=b-6-ii), [(c)(5)(ii)](/cfr/40/86.1106-87.md?p=c-5-ii) or [(d)(2)(ii)](/cfr/40/86.1106-87.md?p=d-2-ii).
- (g) The Administrator may void the certificate of conformity for those engines or vehicles for which the manufacturer fails to meet the requirements of § [86.1106-87(a)(4)(i)](/cfr/40/86.1106-87.md?p=a-4-i), [(b)(6)(i)](/cfr/40/86.1106-87.md?p=b-6-i), [(c)(5)(i)](/cfr/40/86.1106-87.md?p=c-5-i), or [(d)(2)(i)](/cfr/40/86.1106-87.md?p=d-2-i).
- (h) The Administrator shall notify the manufacturer in writing of any suspension or voiding of a certificate of conformity in whole or in part, except as provided for in [paragraph (a)](#a) of this section.
- (i) A certificate of conformity suspended or voided under paragraph [(c)](#c), [(d)](#d), [(e)](#e), [(f)](#f) or [(g)](#g) of this section may be reinstated after a written request by the manufacturer and under such terms and conditions as the Administrator may require and after the manufacturer demonstrates compliance with applicable requirements.
- (j) After the Administrator suspends or voids a certificate of conformity pursuant to this section or notifies a manufacturer of his intent to suspend or void a certificate of conformity under [§ 86.087-30(e)](/cfr/40/86.087-30.md?p=e), and prior to the commencement of a hearing, if any, under [§ 86.1115-87](/cfr/40/86.1115-87.md), if the manufacturer demonstrates to the Administrator's satisfaction that the decision to suspend or void the certificate was based on erroneous information, the Administrator shall reinstate the certificate.

## Notes

### Source

Source: 50 FR 35388, Aug. 30, 1985, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 7401-7671q.