40 CFR § 1036.210 - Preliminary approval before certification.

---
identifier: "/us/cfr/t40/s1036.210"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 1036.210 - Preliminary approval before certification."
title_number: 40
title_name: "Protection of Environment"
section_number: "1036.210"
section_name: "Preliminary approval before certification."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "U"
subchapter_name: "AIR POLLUTION CONTROLS"
part_number: "1036"
part_name: "CONTROL OF EMISSIONS FROM NEW AND IN-USE HEAVY-DUTY HIGHWAY ENGINES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 7401—7671q."
regulatory_source: "88 FR 4487, Jan. 24, 2023, unless otherwise noted."
cfr_part: "1036"
---


# 1036.210 Preliminary approval before certification.

If you send us information before you finish the application, we may review it and make any appropriate determinations, especially for questions related to engine family definitions, auxiliary emission control devices, adjustable parameters, deterioration factors, testing for service accumulation, and maintenance. Decisions made under this section are considered to be preliminary approval, subject to final review and approval. We will generally not reverse a decision where we have given you preliminary approval, unless we find new information supporting a different decision. If you request preliminary approval related to the upcoming model year or the model year after that, we will make best-efforts to make the appropriate determinations as soon as practicable. We will generally not provide preliminary approval related to a future model year more than two years ahead of time.