(a) This part applies to complete vehicle and chassis manufacturers of all new heavy-duty vehicles, as defined in 49 CFR part 523, and to the manufacturers of all heavy-duty engines manufactured for use in the applicable vehicles for each given model year.
(b) Complete vehicle manufacturers, for the purpose of this part, include primary and secondary stage manufacturers meeting the criteria in 40 CFR 1037.620 that produce heavy-duty pickup trucks and vans or truck tractors as complete vehicles and, that hold the EPA certificate of conformity.
(c) Chassis manufacturers, for the purpose of this part, include primary and secondary stage manufacturers meeting the criteria in 40 CFR 1037.620 that produce incomplete vehicles constructed for use as heavy-duty pickup trucks or vans or heavy-duty vocational vehicles and that hold the EPA certificate of conformity. Some vocational vehicle manufacturers are both chassis and complete vehicle manufacturers. These manufacturers will be regulated as chassis manufacturers under this program.
(d) Engine manufacturer, for the purpose of this part, means a manufacturer that manufactures engines for heavy-duty vehicles and holds the EPA certificate of conformity.
(e) The heavy-duty vehicles, chassis and engines excluded from the requirements of this part include:
(1) Recreational vehicles, including motor homes.
(2) Vehicles and engines exempted by EPA in accordance with 40 CFR parts 1036 and 1037.
(f) Vehicles and engines produced by small business manufacturers as defined by the Small Business Administration at 13 CFR 121.201 are exempted as specified in Sec. 535.8(h).
(g) Heavy-duty off-road vehicles meeting the criteria in 49 CFR part 523 are exempt without request from vehicle standards of Sec. 535.5(b). Manufacturers of vehicles not meeting the criteria for the heavy-duty off-road vehicle exclusion may submit a petition as specified in Sec. 535.8(h) to EPA and NHTSA for an exclusion from the vehicle standards of Sec. 535.5(b).
(h) A vehicle manufacturer that completes assembly of a vehicle at two or more facilities may ask to use as the date of manufacture for that vehicle the date on which manufacturing is completed at the place of main assembly, consistent with provisions of 49 CFR 567.4, as the model year. Note that such staged assembly is subject to the provisions of 40 CFR 1068.260(c). NHTSA's allowance of this provision is effective when EPA approves the manufacturer's certificates of conformity for these vehicles. [76 FR 57493, Sept. 15, 2011, as amended at 78 FR 36402, June 17, 2013]