42 U.S.C. § 7525 — Motor vehicle and motor vehicle engine

Page 7328 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7525 gation to comply with any section of this chapter. (4) Finality of order An order issued under this subsection shall become final 30 days after its issuance unless a petition for judicial review is filed under paragraph (5). (5) Judicial review Any person against whom a civil penalty is assessed in accordance with this subsection may seek review of the assessment in the United States District Court for the District of Columbia, or for the district in which the violation is alleged to have occurred, in which such person resides, or where such person’s principal place of business is located, within the 30-day period beginning on the date a civil penalty order is issued. Such person shall si- multaneously send a copy of the filing by cer- tified mail to the Administrator and the At- torney General. The Administrator shall file in the court a certified copy, or certified index, as appropriate, of the record on which the order was issued within 30 days. The court shall not set aside or remand any order issued in accordance with the requirements of this subsection unless there is not substantial evi- dence in the record, taken as a whole, to sup- port the finding of a violation or unless the Administrator’s assessment of the penalty constitutes an abuse of discretion, and the court shall not impose additional civil pen- alties unless the Administrator’s assessment of the penalty constitutes an abuse of discre- tion. In any proceedings, the United States may seek to recover civil penalties assessed under this section. (6) Collection If any person fails to pay an assessment of a civil penalty imposed by the Administrator as provided in this subsection— (A) after the order making the assessment has become final, or (B) after a court in an action brought under paragraph (5) has entered a final judg- ment in favor of the Administrator, the Administrator shall request the Attorney General to bring a civil action in an appro- priate district court to recover the amount as- sessed (plus interest at rates established pur- suant to section 6621(a)(2) of title 26 from the date of the final order or the date of the final judgment, as the case may be). In such an ac- tion, the validity, amount, and appropriate- ness of the penalty shall not be subject to re- view. Any person who fails to pay on a timely basis the amount of an assessment of a civil penalty as described in the first sentence of this paragraph shall be required to pay, in ad- dition to that amount and interest, the United States’ enforcement expenses, including attor- neys fees and costs for collection proceedings, and a quarterly nonpayment penalty for each quarter during which such failure to pay per- sists. The nonpayment penalty shall be in an amount equal to 10 percent of the aggregate amount of that person’s penalties and non- payment penalties which are unpaid as of the beginning of such quarter. (July 14, 1955, ch. 360, title I, § 205, as added Pub. L. 89–272, title I, § 101(8), Oct. 20, 1965, 79 Stat. 994; amended Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 500; Pub. L. 91–604, § 7(c), Dec. 31, 1970, 84 Stat. 1694; Pub. L. 95–95, title II, § 219(c), Aug. 7, 1977, 91 Stat. 762; Pub. L. 101–549, title II, § 228(c), Nov. 15, 1990, 104 Stat. 2508.) Editorial Notes CODIFICATION Section was formerly classified to section 1857f–4 of this title. AMENDMENTS 1990—Pub. L. 101–549 amended section generally. Prior to amendment, section read as follows: ‘‘Any person who violates paragraph (1), (2), or (4) of section 7522(a) of this title or any manufacturer, dealer, or other per- son who violates paragraph (3)(A) of section 7522(a) of this title shall be subject to a civil penalty of not more than $10,000. Any person who violates paragraph (3)(B) of such section 7522(a) shall be subject to a civil penalty of not more than $2,500. Any such violation with re- spect to paragraph (1), (3), or (4) of section 7522(a) of this title shall constitute a separate offense with re- spect to each motor vehicle or motor vehicle engine.’’ 1977—Pub. L. 95–95 substituted ‘‘Any person who vio- lates paragraph (1), (2), or (4) of section 7522(a) of this title, or any manufacturer, dealer, or other person who violates paragraph (3)(A) of section 7522(a) of this title’’ for ‘‘Any person who violates paragraph (1), (2), (3), or (4) of section 7522(a) of this title’’ in provisions covering the civil penalty of $10,000, and inserted provisions for a civil penalty of not more than $2,500 for violations of par. (3)(B) of section 7522(a) of this title. 1970—Pub. L. 91–604 increased the upper limit of the allowable fine from ‘‘$1,000’’ to ‘‘$10,000’’. 1967—Pub. L. 90–148 reenacted section without change. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–95 effective Aug. 7, 1977, ex- cept as otherwise expressly provided, see section 406(d) of Pub. L. 95–95, set out as a note under section 7401 of this title. § 7525. Motor vehicle and motor vehicle engine compliance testing and certification (a) Testing and issuance of certificate of con- formity (1) The Administrator shall test, or require to be tested in such manner as he deems appro- priate, any new motor vehicle or new motor ve- hicle engine submitted by a manufacturer to de- termine whether such vehicle or engine con- forms with the regulations prescribed under sec- tion 7521 of this title. If such vehicle or engine conforms to such regulations, the Administrator shall issue a certificate of conformity upon such terms, and for such period (not in excess of one year), as he may prescribe. In the case of any original equipment manufacturer (as defined by the Administrator in regulations promulgated before November 15, 1990) of vehicles or vehicle engines whose projected sales in the United States for any model year (as determined by the Administrator) will not exceed 300, the Adminis- trator shall not require, for purposes of deter- mining compliance with regulations under sec- tion 7521 of this title for the useful life of the ve- hicle or engine, operation of any vehicle or en- Page 7329 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7525 gine manufactured during such model year for more than 5,000 miles or 160 hours, respectively, unless the Administrator, by regulation, pre- scribes otherwise. The Administrator shall apply any adjustment factors that the Adminis- trator deems appropriate to assure that each ve- hicle or engine will comply during its useful life (as determined under section 7521(d) of this title) with the regulations prescribed under section 7521 of this title. (2) The Administrator shall test any emission control system incorporated in a motor vehicle or motor vehicle engine submitted to him by any person, in order to determine whether such system enables such vehicle or engine to con- form to the standards required to be prescribed under section 7521(b) of this title. If the Admin- istrator finds on the basis of such tests that such vehicle or engine conforms to such stand- ards, the Administrator shall issue a verification of compliance with emission stand- ards for such system when incorporated in vehi- cles of a class of which the tested vehicle is rep- resentative. He shall inform manufacturers and the National Academy of Sciences, and make available to the public, the results of such tests. Tests under this paragraph shall be conducted under such terms and conditions (including re- quirements for preliminary testing by qualified independent laboratories) as the Administrator may prescribe by regulations. (3)(A) A certificate of conformity may be issued under this section only if the Adminis- trator determines that the manufacturer (or in the case of a vehicle or engine for import, any person) has established to the satisfaction of the Administrator that any emission control device, system, or element of design installed on, or in- corporated in, such vehicle or engine conforms to applicable requirements of section 7521(a)(4) of this title. (B) The Administrator may conduct such tests and may require the manufacturer (or any such person) to conduct such tests and provide such information as is necessary to carry out sub- paragraph (A) of this paragraph. Such require- ments shall include a requirement for prompt reporting of the emission of any unregulated pollutant from a system, device, or element of design if such pollutant was not emitted, or was emitted in significantly lesser amounts, from the vehicle or engine without use of the system, device, or element of design. (4)(A) Not later than 12 months after Novem- ber 15, 1990, the Administrator shall revise the regulations promulgated under this subsection to add test procedures capable of determining whether model year 1994 and later model year light-duty vehicles and light-duty trucks, when properly maintained and used, will pass the in- spection methods and procedures established under section 7541(b) of this title for that model year, under conditions reasonably likely to be encountered in the conduct of inspection and maintenance programs, but which those pro- grams cannot reasonably influence or control. The conditions shall include fuel characteris- tics, ambient temperature, and short (30 min- utes or less) waiting periods before tests are conducted. The Administrator shall not grant a certificate of conformity under this subsection for any 1994 or later model year vehicle or en- gine that the Administrator concludes cannot pass the test procedures established under this paragraph. (B) From time to time, the Administrator may revise the regulations promulgated under sub- paragraph (A), as the Administrator deems ap- propriate. (5)(A) A motor vehicle engine (including all engine emission controls) may be installed in an exempted specially produced motor vehicle if the motor vehicle engine is from a motor vehicle that is covered by a certificate of conformity issued by the Administrator for the model year in which the exempted specially produced motor vehicle is produced, or the motor vehicle engine is covered by an Executive order subject to regu- lations promulgated by the California Air Re- sources Board for the model year in which the exempted specially produced motor vehicle is produced, and— (i) the manufacturer of the engine supplies written instructions to the Administrator and the manufacturer of the exempted specially produced motor vehicle explaining how to in- stall the engine and maintain functionality of the engine’s emission control system and the on-board diagnostic system (commonly known as ‘‘OBD’’), except with respect to evaporative emissions; (ii) the manufacturer of the exempted spe- cially produced motor vehicle installs the en- gine in accordance with such instructions and certifies such installation in accordance with subparagraph (E); (iii) the installation instructions include emission control warranty information from the engine manufacturer in compliance with section 7541 of this title, including where war- ranty repairs can be made, emission control labels to be affixed to the vehicle, and the cer- tificate of conformity number for the applica- ble vehicle in which the engine was originally intended or the applicable Executive order number for the engine; and (iv) the manufacturer of the exempted spe- cially produced motor vehicle does not produce more than 325 such vehicles in the cal- endar year in which the vehicle is produced. (B) A motor vehicle containing an engine com- pliant with the requirements of subparagraph (A) shall be treated as meeting the requirements of section 7521 of this title applicable to new ve- hicles produced or imported in the model year in which the exempted specially produced motor vehicle is produced or imported. (C) Engine installations that are not per- formed in accordance with installation instruc- tions provided by the manufacturer and alter- ations to the engine not in accordance with the installation instructions shall— (i) be treated as prohibited acts by the in- staller under section 7522 of this title and any applicable regulations; and (ii) subject to civil penalties under section 7524(a) of this title, civil actions under section 7524(b) of this title, and administrative assess- ment of penalties under section 7524(c) of this title. (D) The manufacturer of an exempted spe- cially produced motor vehicle that has an en- Page 7330 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7525 gine compliant with the requirements of sub- paragraph (A) shall provide to the purchaser of such vehicle all information received by the manufacturer from the engine manufacturer, in- cluding information regarding emissions war- ranties from the engine manufacturer and all emissions-related recalls by the engine manu- facturer. (E) To qualify to install an engine under this paragraph, and sell, offer for sale, introduce into commerce, deliver for introduction into com- merce or import an exempted specially produced motor vehicle, a manufacturer of exempted spe- cially produced motor vehicles shall register with the Administrator at such time and in such manner as the Administrator determines appro- priate. The manufacturer shall submit an an- nual report to the Administrator that includes— (i) a description of the exempted specially produced motor vehicles and engines installed in such vehicles; (ii) the certificate of conformity number issued to the motor vehicle in which the en- gine was originally intended or the applicable Executive order number for the engine; and (iii) a certification that it produced all ex- empted specially produced motor vehicles ac- cording to the written instructions from the engine manufacturer, and otherwise that the engine conforms in all material respects to the description in the application for the applica- ble certificate of conformity or Executive order. (F) Exempted specially produced motor vehi- cles compliant with this paragraph shall be ex- empted from— (i) motor vehicle certification testing under this section; and (ii) vehicle emission control inspection and maintenance programs required under section 7410 of this title. (G)(i) Except as provided in subparagraphs (A) through (F), a person engaged in the manufac- turing or assembling of exempted specially pro- duced motor vehicles shall be considered a man- ufacturer for purposes of this chapter. (ii) Nothing in this paragraph shall be con- strued to exempt any person from the prohibi- tions in section 7522(a)(3) of this title or the re- quirements in sections 7542, 7525(c), or 7521(m)(5) of this title. (H) In this paragraph: (i) The term ‘‘exempted specially produced motor vehicle’’ means a light-duty vehicle or light-duty truck produced by a low-volume manufacturer and that— (I) is intended to resemble the body of an- other motor vehicle that was manufactured not less than 25 years before the manufac- ture of the exempted specially produced motor vehicle; and (II) is manufactured under a license for the product configuration, trade dress, trade- mark, or patent, for the motor vehicle that is intended to be replicated from the original manufacturer, its successors or assignees, or current owner of such product configuration, trade dress, trademark, or patent rights. (ii) The term ‘‘low-volume manufacturer’’ means a motor vehicle manufacturer, other than a person who is registered as an importer under section 30141 of title 49, whose annual worldwide production, including by a parent or subsidiary of the manufacturer, if applica- ble, is not more than 5,000 motor vehicles. (b) Testing procedures; hearing; judicial review; additional evidence (1) In order to determine whether new motor vehicles or new motor vehicle engines being manufactured by a manufacturer do in fact con- form with the regulations with respect to which the certificate of conformity was issued, the Ad- ministrator is authorized to test such vehicles or engines. Such tests may be conducted by the Administrator directly or, in accordance with conditions specified by the Administrator, by the manufacturer. (2)(A)(i) If, based on tests conducted under paragraph (1) on a sample of new vehicles or en- gines covered by a certificate of conformity, the Administrator determines that all or part of the vehicles or engines so covered do not conform with the regulations with respect to which the certificate of conformity was issued and with the requirements of section 7521(a)(4) of this title, he may suspend or revoke such certificate in whole or in part, and shall so notify the man- ufacturer. Such suspension or revocation shall apply in the case of any new motor vehicles or new motor vehicle engines manufactured after the date of such notification (or manufactured before such date if still in the hands of the man- ufacturer), and shall apply until such time as the Administrator finds that vehicles and en- gines manufactured by the manufacturer do con- form to such regulations and requirements. If, during any period of suspension or revocation, the Administrator finds that a vehicle or engine actually conforms to such regulations and re- quirements, he shall issue a certificate of con- formity applicable to such vehicle or engine. (ii) If, based on tests conducted under para- graph (1) on any new vehicle or engine, the Ad- ministrator determines that such vehicle or en- gine does not conform with such regulations and requirements, he may suspend or revoke such certificate insofar as it applies to such vehicle or engine until such time as he finds such vehi- cle or engine actually so conforms with such regulations and requirements, and he shall so notify the manufacturer. (B)(i) At the request of any manufacturer the Administrator shall grant such manufacturer a hearing as to whether the tests have been prop- erly conducted or any sampling methods have been properly applied, and make a determina- tion on the record with respect to any suspen- sion or revocation under subparagraph (A); but suspension or revocation under subparagraph (A) shall not be stayed by reason of such hearing. (ii) In any case of actual controversy as to the validity of any determination under clause (i), the manufacturer may at any time prior to the 60th day after such determination is made file a petition with the United States court of appeals for the circuit wherein such manufacturer re- sides or has his principal place of business for a judicial review of such determination. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Administrator or Page 7331 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7525 1 So in original. Probably should be ‘‘light-duty’’. other officer designated by him for that purpose. The Administrator thereupon shall file in the court the record of the proceedings on which the Administrator based his determination, as pro- vided in section 2112 of title 28. (iii) If the petitioner applies to the court for leave to adduce additional evidence, and shows to the satisfaction of the court that such addi- tional evidence is material and that there were reasonable grounds for the failure to adduce such evidence in the proceeding before the Ad- ministrator, the court may order such addi- tional evidence (and evidence in rebuttal there- of) to be taken before the Administrator, in such manner and upon such terms and conditions as the court may deem proper. The Administrator may modify his findings as to the facts, or make new findings, by reason of the additional evi- dence so taken and he shall file such modified or new findings, and his recommendation, if any, for the modification or setting aside of his origi- nal determination, with the return of such addi- tional evidence. (iv) Upon the filing of the petition referred to in clause (ii), the court shall have jurisdiction to review the order in accordance with chapter 7 of title 5 and to grant appropriate relief as pro- vided in such chapter. (c) Inspection For purposes of enforcement of this section, officers or employees duly designated by the Ad- ministrator, upon presenting appropriate cre- dentials to the manufacturer or person in charge, are authorized (1) to enter, at reasonable times, any plant or other establishment of such manufacturer, for the purpose of conducting tests of vehicles or engines in the hands of the manufacturer, or (2) to inspect, at reasonable times, records, files, papers, processes, controls, and facilities used by such manufacturer in con- ducting tests under regulations of the Adminis- trator. Each such inspection shall be com- menced and completed with reasonable prompt- ness. (d) Rules and regulations The Administrator shall by regulation estab- lish methods and procedures for making tests under this section. (e) Publication of test results The Administrator shall make available to the public the results of his tests of any motor vehi- cle or motor vehicle engine submitted by a man- ufacturer under subsection (a) as promptly as possible after December 31, 1970, and at the be- ginning of each model year which begins there- after. Such results shall be described in such nontechnical manner as will reasonably disclose to prospective ultimate purchasers of new motor vehicles and new motor vehicle engines the com- parative performance of the vehicles and engines tested in meeting the standards prescribed under section 7521 of this title. (f) High altitude regulations All light duty 1 vehicles and engines manufac- tured during or after model year 1984 and all light-duty trucks manufactured during or after model year 1995 shall comply with the require- ments of section 7521 of this title regardless of the altitude at which they are sold. (g) Nonconformance penalty (1) In the case of any class or category of heavy-duty vehicles or engines to which a stand- ard promulgated under section 7521(a) of this title applies, except as provided in paragraph (2), a certificate of conformity shall be issued under subsection (a) and shall not be suspended or re- voked under subsection (b) for such vehicles or engines manufactured by a manufacturer not- withstanding the failure of such vehicles or en- gines to meet such standard if such manufac- turer pays a nonconformance penalty as pro- vided under regulations promulgated by the Ad- ministrator after notice and opportunity for public hearing. In the case of motorcycles to which such a standard applies, such a certificate may be issued notwithstanding such failure if the manufacturer pays such a penalty. (2) No certificate of conformity may be issued under paragraph (1) with respect to any class or category of vehicle or engine if the degree by which the manufacturer fails to meet any stand- ard promulgated under section 7521(a) of this title with respect to such class or category ex- ceeds the percentage determined under regula- tions promulgated by the Administrator to be practicable. Such regulations shall require such testing of vehicles or engines being produced as may be necessary to determine the percentage of the classes or categories of vehicles or en- gines which are not in compliance with the reg- ulations with respect to which a certificate of conformity was issued and shall be promulgated not later than one year after August 7, 1977. (3) The regulations promulgated under para- graph (1) shall, not later than one year after Au- gust 7, 1977, provide for nonconformance pen- alties in amounts determined under a formula established by the Administrator. Such pen- alties under such formula— (A) may vary from pollutant-to-pollutant; (B) may vary by class or category or vehicle or engine; (C) shall take into account the extent to which actual emissions of any air pollutant exceed allowable emissions under the stand- ards promulgated under section 7521 of this title; (D) shall be increased periodically in order to create incentives for the development of production vehicles or engines which achieve the required degree of emission reduction; and (E) shall remove any competitive disadvan- tage to manufacturers whose engines or vehi- cles achieve the required degree of emission reduction (including any such disadvantage arising from the application of paragraph (4)). (4) In any case in which a certificate of con- formity has been issued under this subsection, any warranty required under section 7541(b)(2) of this title and any action under section 7541(c) of this title shall be required to be effective only for the emission levels which the Administrator determines that such certificate was issued and not for the emission levels required under the applicable standard. (5) The authorities of section 7542(a) of this title shall apply, subject to the conditions of Page 7332 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7541 2 See References in Text note below. 3 So in original. Probably should be ‘‘subsections’’. section 7542(b) 2 of this title, for purposes of this subsection. (h) Review and revision of regulations Within 18 months after November 15, 1990, the Administrator shall review and revise as nec- essary the regulations under subsection 3 (a) and (b) of this section regarding the testing of motor vehicles and motor vehicle engines to insure that vehicles are tested under circumstances which reflect the actual current driving condi- tions under which motor vehicles are used, in- cluding conditions relating to fuel, temperature, acceleration, and altitude. (July 14, 1955, ch. 360, title II, § 206, as added Pub. L. 91–604, § 8(a), Dec. 31, 1970, 84 Stat. 1694; amended Pub. L. 95–95, title II, §§ 213(a), 214(b), (c), 220, 224(e), Aug. 7, 1977, 91 Stat. 758–760, 762, 768; Pub. L. 95–190, § 14(a)(69), Nov. 16, 1977, 91 Stat. 1403; Pub. L. 101–549, title II, §§ 208, 230(7), (8), Nov. 15, 1990, 104 Stat. 2483, 2529; Pub. L. 114–94, div. B, title XXIV, § 24405(b), Dec. 4, 2015, 129 Stat. 1723.) Editorial Notes REFERENCES IN TEXT Section 7542 of this title, referred to in subsec. (g)(5), was amended generally by Pub. L. 101–549, title II, § 211, Nov. 15, 1990, 104 Stat. 2487, and provisions formerly contained in section 7542(b) of this title are contained in section 7542(c). CODIFICATION Section was formerly classified to section 1857f–5 of this title. PRIOR PROVISIONS A prior section 206 of act July 14, 1955, related to test- ing of motor vehicles and motor vehicle engines and was classified to section 1857f–5 of this title, prior to re- peal by Pub. L. 91–604. AMENDMENTS 2015—Subsec. (a)(5). Pub. L. 114–94 added par. (5). 1990—Subsec. (a)(1). Pub. L. 101–549, § 208(b), inserted new third sentence and struck out former third sen- tence which read as follows: ‘‘In the case of any manu- facturer of vehicles or vehicle engines whose projected sales in the United States for any model year (as deter- mined by the Administrator) will not exceed three hun- dred, the regulations prescribed by the Administrator concerning testing by the manufacturer for purposes of determining compliance with regulations under section 7521 of this title for the useful life of the vehicle or en- gine shall not require operation of any vehicle or en- gine manufactured during such model year for more than five thousand miles or one hundred and sixty hours, respectively, but the Administrator shall apply such adjustment factors as he deems appropriate to as- sure that each such vehicle or engine will comply dur- ing its useful life (as determined under section 7521(d) of this title) with the regulations prescribed under sec- tion 7521 of this title.’’ Subsec. (a)(4). Pub. L. 101–549, § 208(a), added par. (4). Subsec. (e). Pub. L. 101–549, § 230(7), struck out ‘‘an- nounce in the Federal Register and’’ after ‘‘The Admin- istrator shall’’. Subsec. (f). Pub. L. 101–549, § 230(8), struck out par. (1) designation before ‘‘All light duty vehicles’’, inserted reference to all light-duty trucks manufactured during or after model year 1995, and struck out par. (2) which required the Administrator to report to Congress by Oct. 1, 1978, on the economic impact and technological feasibility of the requirements of former par. (1). Subsec. (h). Pub. L. 101–549, § 208(c), added subsec. (h). 1977—Subsec. (a)(1). Pub. L. 95–95, § 220, inserted provi- sions covering testing by small manufacturers. Subsec. (a)(3). Pub. L. 95–95, § 214(b), added par. (3). Subsec. (b)(2)(A)(i). Pub. L. 95–95, § 214(c)(1), (2), sub- stituted ‘‘certificate of conformity was issued and with the requirements of section 7521(a)(4) of this title, he may suspend’’ for ‘‘certificate of conformity was issued, he may suspend’’ and ‘‘such regulations and require- ments’’ for ‘‘such regulations’’. Subsec. (b)(2)(A)(ii). Pub. L. 95–95, § 214(c)(2), sub- stituted ‘‘such regulations and requirements’’ for ‘‘such regulations’’. Subsec. (f). Pub. L. 95–95, § 213(a), added subsec. (f). Subsec. (g). Pub. L. 95–95, § 224(e), added subsec. (g). Subsec. (g)(3)(D). Pub. L. 95–190 inserted ‘‘shall’’ be- fore ‘‘be’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–95 effective Aug. 7, 1977, ex- cept as otherwise expressly provided, see section 406(d) of Pub. L. 95–95, set out as a note under section 7401 of this title. EFFECTIVE DATE Pub. L. 91–604, § 8(b), Dec. 31, 1970, 84 Stat. 1698, pro- vided that: ‘‘The amendments made by this section [en- acting this section and section 7541 of this title] shall not apply to vehicles or engines imported into the United States before the sixtieth day after the date of enactment of this Act [Dec. 31, 1970].’’ REGULATIONS Pub. L. 114–94, div. B, title XXIV, § 24405(c), Dec. 4, 2015, 129 Stat. 1725, provided that: ‘‘Not later than 12 months after the date of enactment of this Act [Dec. 4, 2015], the Secretary of Transportation and the Adminis- trator of the Environmental Protection Agency shall issue such regulations as may be necessary to imple- ment the amendments made by subsections (a) [amend- ing section 30114 of Title 49, Transportation] and (b) [amending this section], respectively.’’ MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS, DETERMINATIONS, CONTRACTS, CERTIFI- CATIONS, AUTHORIZATIONS, DELEGATIONS, AND OTHER ACTIONS All rules, regulations, orders, determinations, con- tracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursu- ant to act July 14, 1955, the Clean Air Act, as in effect immediately prior to the date of enactment of Pub. L. 95–95 [Aug. 7, 1977] to continue in full force and effect until modified or rescinded in accordance with act July 14, 1955, as amended by Pub. L. 95–95 [this chapter], see section 406(b) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title. § 7541. Compliance by vehicles and engines in ac- tual use (a) Warranty; certification; payment of replace- ment costs of parts, devices, or components designed for emission control (1) Effective with respect to vehicles and en- gines manufactured in model years beginning more than 60 days after December 31, 1970, the manufacturer of each new motor vehicle and new motor vehicle engine shall warrant to the ultimate purchaser and each subsequent pur- chaser that such vehicle or engine is (A) de-