Page:United States Statutes at Large Volume 91.djvu/790

 91 STAT. 756

Certificate of conformity, label.

Ante, pp. 702, 751-753; Post, pp. 758-761, 765, 767, 769, 791. 42 USC 7541.

Ante, p. 754.

Regulations.

"Emission control device or system."

PUBLIC LAW 95-95—AUG. 7, 1977 shall not include any condition on the ultimate purchaser's using, in connection with such vehicle or engine, any component or service (other than a component or service provided without charge under the terms of the purchase agreement) which is identified b^ brand, trade, or corporate namej or directly or indirectly distinguishing between service performed by the franchised dealers of such manufacturer or any other service establishments with which such manufacturer has a commercial relationship, and service performed by independent automotive repair facilities with which such manufacturer has no commercial relationship; except that the prohibition of this subsection may be waived by the Administrator if— "(i) the manufacturer satisfies the Administrator that the vehicle or engine will function properly only if the component or service so identified is used in connection with such vehicle or engine, and " (ii) the Administrator finds that such a waiver is in the public interest. "(C) In addition, the manufacturer shall indicate by means of a label or tag permanently affixed to such vehicle or engine that such vehicle or engine is covered by a certificate of conformity issued for the purpose of assuring achievement of emissions standards prescribed under section 202 of this Act. Such label or tag shall contain such other information relating to control of motor vehicle emissions as the Administrator shall prescribe by regulation.". WARRANTIES AND MOTOR VEHICLE PARTS CERTIFICATION

SEC. 209. (a) Section 207(b)(2) of the Clean Air Act is amended by adding the lollowing at the end thereof: "No such warranty shall be invalid on the basis of any part used in the maintenance or repair of a vehicle or engine if such part was certified as provided under subsection (a)(2).''. (b) Section 207(a) of such Act is amended by striking out " (1) " and " (2) " and inserting in lieu thereof " (A) " and " (B) " respectively, by inserting " (1)" after " (a) " and by adding the following new paragraph at the end thereof: " (2) In the case of a motor vehicle part or motor vehicle engine part, the manufacturer or rebuilder of such part may certify that use of such part will not result in a failure of the vehicle or engine to comply with emission standards promulgated under section 202. Such certification shall be made only under such regulations as may be promulgated by the Administrator to carry out the purposes of subsection (b). The Administrator shall promulgate such regulations no later than two years following the date of the enactment of this paragraph.". (c) Section 207(b) of such Act, as amended by subsection (a), is amended by adding the following at the end thereof: "For purposes of the warranty under this subsection, for the period after twentyfour months or twenty-four thousand miles (whichever first occurs) the term 'emission control device or system' means a catalytic converter, thermal reactor, or other component installed on or in a vehicle for the sole or primary purpose of reducing vehicle emissions. Such term shall not include those vehicle components which were in general use prior to model year 1968.". REPAIR AT O W N E R ' S PLACE OF CHOOSING

SEC. 210. Section 207 of the Clean Air Act is amended by adding the following new subsection:

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