PUBLIC LAW 95-95—AUG. 7, 1977
91 STAT. 757
"(g) For the purposes of this section, the owner of any motor vehicle or motor vehicle engine warranted under this section is responsible in the proper maintenance of such vehicle or engine to replace and to maintain, at his expense at any service establishment or facility of his choosing, such items as spark plugs, points, condensers, and any other part, item, or device related to emission control (but not designed for emission control under the terms of the last three sentences of section 207(a)(1)), unless such part, item, or device is covered by any Ante, p. 756. warranty not mandated by this Act.". H I G H ALTITUDE PERFORMANCE
ADJUSTMENTS
SEC. 211. (a) Section 203(a) of the Clean Air Act is amended by Ante, p. 755; adding the following at the end thereof: "No action with respect to ^^^^ P- 762. any element of design referred to in paragraph (3) (including any adjustment or alteration of such element) shall be treated as a prohibited Act under such paragraph (3) if such action is in accordance with section 215". Infra. (b) Part A of title II of such Act is amended by inserting the following new section after section 214: " H I G H ALTITUDE PERFORMANCE
ADJUSTMENTS
"SEC. 215. (a)(1) Any action taken with respect to any element of 42 USC 7549. design installed on or in a motor vehicle or motor vehicle engine in compliance with regulations under this title (including any alteration or adjustment of such element), shall be treated as not in violation of section 203(a) if such action is performed in accordance with high Supra. altitude adjustment instructions provided by the manufacturer under subsection (b) and approved by the Administrator. "(2) If the Administrator finds that adjustments or modifications Finding. made pursuant to instructions of the manufacturer under paragraph (1) will not insure emission control performance with respect to each standard under section 202 at least equivalent to that which would Ante, pp. 702, result if no such adjustments or modifications were made, he shall 751-753; Post, disapprove such instructions. Such finding shall be based upon mini- pp. 758-761, 765, mum engineering evaluations consistent with good engineering 791. 767, 769, practice. "(b)(1) Instructions respecting each class or category of vehicles or engines to which this title applies providing for such vehicle and engine adjustments and modifications as may be necessary to insure emission control performance at different altitudes shall be submitted by the manufacturer to the Administrator pursuant to regulations promulgated by the Administrator. "(2) Any knowing violation by a manufacturer of requirements of Violations. the Administrator under paragraph (1) shall be treated as a violation by such manufacturer of section 203(a)(3) for purposes of the penalties contained in section 205. Post, p. 762. "(3) Such instructions shall provide, in addition to other adjustments, for adjustments for vehicles moving from high altitude areas to low altitude areas after the initial registration of such vehicles. "(c) No instructions under this section respecting adjustments or modifications may require the use of any manufacturer parts (as defined in section 203(a)) unless the manufacturer demonstrates to the satisfaction of the Administrator that the use of such manufacturer parts is necessary to insure emission control performance.
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