40 CFR § 1068.435 - May I sell engines/equipment from a family with a suspended certificate of conformity?

---
identifier: "/us/cfr/t40/s1068.435"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 1068.435 - May I sell engines/equipment from a family with a suspended certificate of conformity?"
title_number: 40
title_name: "Protection of Environment"
section_number: "1068.435"
section_name: "May I sell engines/equipment from a family with a suspended certificate of conformity?"
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "U"
subchapter_name: "AIR POLLUTION CONTROLS"
part_number: "1068"
part_name: "GENERAL COMPLIANCE PROVISIONS FOR HIGHWAY, STATIONARY, AND NONROAD PROGRAMS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 7401-7671q."
regulatory_source: "73 FR 59344, Oct. 8, 2008, unless otherwise noted."
cfr_part: "1068"
---


# 1068.435 May I sell engines/equipment from a family with a suspended certificate of conformity?

You may sell engines/equipment that you produce after we suspend the family's certificate of conformity only if one of the following occurs:

(a) You test each engine or piece of equipment you produce and show it complies with emission standards that apply.

(b) We conditionally reinstate the certificate for the family. We may do so if you agree to recall all the affected engines/equipment and remedy any noncompliance at no expense to the owner if later testing shows that engines/equipment in the family still do not comply.