Page:United States Statutes at Large Volume 91.djvu/789

 PUBLIC LAW 95-95—AUG. 7, 1977

91 STAT. 755

WARRANTIES

SEC. 206. Section 203(a)(4) of the Clean Air Act is amended by striking "or" at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting a comma, and ';»y adding the following new subparagraphs: "(C) except as provided in subsection (c)(3) of section 207, to provide directly or indirectly in any communication to the ultimate purchaser or any subsequent purchaser that the coverage of any warranty under this Act is conditioned upon use of any part, component, or system manufactured by such manufacturer or any person acting for such manufacturer or under his control, or conditioned upon service performed by any such person, "(D) to fail or refuse to comply with the terms and conditions of the warranty under section 207(a) or (b) with respect to any vehicle.".

42 USC 7522.

Infra.

Anu, p. 754; Post, P- 756.

CALIFORNIA WAIVER

SEC. 207. Section 209(b) of the Clean Air Act is amended to read 42 USC 7543. as follows: "(b)(1) The Administrator shall, after notice and opportunity for Notice and ublic hearing, waive application of this section to any State which hearing. as adopted standards (other than crankcase emission standards) for the control of emissions from new motor vehicles or new motor vehicle engines prior to March 30, 1966, if the State determines that the State standards will be, in the aggregate, at least as protective of public health and welfare as applicable Federal standards. No such waiver shall be granted if the Administrator finds that— " (A) the determination of the State is arbitrary and capricious, "(B) such State does not need such State standards to meet compelling and extraordinary conditions, or "(C) such State standards and accompanying enforcement proPost, pp. 759, cedures are not consistent with section 202(a) of this part. " (2) If each State standard is at least as stringent as the comparable 760, 765, 791. applicable Federal standard, such State standard shall be deemed to be at least as protective of health and welfare as such Federal standards for purposes of paragraph (1). "(3) In the case of any new motor vehicle or new motor vehicle engine to which State standards apply pursuant to a waiver granted under paragraph (1), compliance with such State standards shall be treated as compliance with applicable Federal standards for purposes of this title.".

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M A I N T E N A N C E INSTRUCTIONS

SEC. 208. Paragraph (3) of subsection (c) of section 207 of the Clean Air Act is amended to read as follows: 42 USC 7541. "(3)(A) The manufacturer shall furnish with each new motor vehicle or motor vehicle engine written instructions for the proper maintenance and use of the vehicle or engine by the ultimate purchaser and such instructions shall correspond to regulations which the Administrator shall promulgate. The manufacturer shall provide in boldface type on the first page of the written maintenance instructions notice that maintenance, replacement, or repair of the emission control devices and systems may be performed by any automotive repair establishment or individual using any automotive part which has been certified as provided in subsection (a)(2). Post, p. 756. "(B) The instruction under subparagraph (A) of this paragraph

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