[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2009 Edition]
[From the U.S. Government Printing Office]



[[Page i]]



          40


          Part 85 to Sec. 86.599-99

                         Revised as of July 1, 2009


          Protection of Environment




________________________

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2009
          With Ancillaries
                    Published by
                    Office of the Federal Register
                    National Archives and Records
                    Administration
                    A Special Edition of the Federal Register

[[Page ii]]

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                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 40:
          Chapter I--Environmental Protection Agency 
          (Continued)                                                3
  Finding Aids:
      Table of CFR Titles and Chapters........................     791
      Alphabetical List of Agencies Appearing in the CFR......     811
      List of CFR Sections Affected...........................     821

[[Page iv]]





                     ----------------------------

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 40 CFR 85.501 refers 
                       to title 40, part 85, 
                       section 501.

                     ----------------------------

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, July 1, 2009), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
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instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in eleven separate 
volumes. For the period beginning January 1, 2001, a ``List of CFR 
Sections Affected'' is published at the end of each CFR volume.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
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to materials already published elsewhere. For an incorporation to be 
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if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed as 
an approved incorporation by reference, please contact the agency that 
issued the regulation containing that incorporation. If, after 
contacting the agency, you find the material is not available, please 
notify the Director of the Federal Register, National Archives and 
Records Administration, Washington DC 20408, or call 202-741-6010.

CFR INDEXES AND TABULAR GUIDES

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separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Authorities 
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that volume.
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This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.




[[Page vii]]



REPUBLICATION OF MATERIAL

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in the Code of Federal Regulations.

INQUIRIES

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    Raymond A. Mosley,
    Director,
    Office of the Federal Register.
    July 1, 2009.







[[Page ix]]



                               THIS TITLE

    Title 40--Protection of Environment is composed of thirty-two 
volumes. The parts in these volumes are arranged in the following order: 
parts 1-49, parts 50-51, part 52 (52.01-52.1018), part 52 (52.1019-end 
of part 52), parts 53-59, part 60 (60.1-end of part 60, sections), part 
60 (Appendices), parts 61-62, part 63 (63.1-63.599), part 63 (63.600-
63.1199), part 63 (63.1200-63.1439), part 63 (63.1440-63.6175), part 63 
(63.6580-63.8830), part 63 (63.8980-end of part 63) parts 64-71, parts 
72-80, parts 81-84, part 85-Sec. 86.599-99, part 86 (86.600-1-end of 
part 86), parts 87-99, parts 100-135, parts 136-149, parts 150-189, 
parts 190-259, parts 260-265, parts 266-299, parts 300-399, parts 400-
424, parts 425-699, parts 700-789, parts 790-999, and part 1000 to end. 
The contents of these volumes represent all current regulations codified 
under this title of the CFR as of July 1, 2009.

    Chapter I--Environmental Protection Agency appears in all thirty-two 
volumes. Regulations issued by the Council on Environmental Quality, 
including an Index to Parts 1500 through 1508, appear in the volume 
containing part 1000 to end. The OMB control numbers for title 40 appear 
in Sec. 9.1 of this chapter.

    For this volume, Robert J. Sheehan, III was Chief Editor. The Code 
of Federal Regulations publication program is under the direction of 
Michael L. White, assisted by Ann Worley.


[[Page 1]]



                   TITLE 40--PROTECTION OF ENVIRONMENT




             (This book contains part 85 to Sec. 86.599-99)

  --------------------------------------------------------------------
                                                                    Part

chapter i--Environmental Protection Agency (Continued)......          85

[[Page 3]]



         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)




  --------------------------------------------------------------------


  Editorial Note: Nomenclature changes to chapter I appear at 65 FR 
47324, 47325, Aug. 2, 2000; 66 FR 34375, 34376, June 28, 2001.

                 SUBCHAPTER C--AIR PROGRAMS (CONTINUED)
Part                                                                Page
85              Control of air pollution from mobile sources           5
86              Control of emissions from new and in-use 
                    highway vehicles and engines............         144

[[Page 5]]



                  SUBCHAPTER C_AIR PROGRAMS (CONTINUED)





PART 85_CONTROL OF AIR POLLUTION FROM MOBILE SOURCES--Table of Contents




Subparts A-E [Reserved]

     Subpart F_Exemption of Aftermarket Conversions From Tampering 
                               Prohibition

Sec.
85.501 General applicability.
85.502 Definitions.
85.503 Conditions of exemption.
85.504 Applicable standards.
85.505 Labeling.

Subparts G-N [Reserved]

                Subpart O_Urban Bus Rebuild Requirements

85.1401 General applicability.
85.1402 Definitions.
85.1403 Particulate standard for pre-1994 model year urban buses 
          effective at time of engine rebuild or engine replacement.
85.1404 Maintenance of records for urban bus operators; submittal of 
          information; right of entry.
85.1405 Applicability.
85.1406 Certification.
85.1407 Notification of intent to certify.
85.1408 Objections to certification.
85.1409 Warranty.
85.1410 Changes after certification.
85.1411 Labeling requirements.
85.1412 Maintenance and submittal of records for equipment certifiers.
85.1413 Decertification.
85.1414 Alternative test procedures.
85.1415 Treatment of confidential information.

    Subpart P_Importation of Motor Vehicles and Motor Vehicle Engines

85.1501 Applicability.
85.1502 Definitions.
85.1503 General requirements for importation of nonconforming vehicles 
          and engines.
85.1504 Conditional admission.
85.1505 Final admission of certified vehicles.
85.1506 Inspection and testing of imported motor vehicles and engines.
85.1507 Maintenance of certificate holder's records.
85.1508 ``In Use'' inspections and recall requirements.
85.1509 Final admission of modification and test vehicles.
85.1510 Maintenance instructions, warranties, emission labeling and fuel 
          economy requirements.
85.1511 Exemptions and exclusions.
85.1512 Admission of catalyst and O2 sensor-equipped 
          vehicles.
85.1513 Prohibited acts; penalties.
85.1514 Treatment of confidential information.
85.1515 Emission standards and test procedures applicable to imported 
          nonconforming motor vehicles and motor vehicle engines.

Subpart Q [Reserved]

 Subpart R_Exclusion and Exemption of Motor Vehicles and Motor Vehicle 
                                 Engines

85.1701 General applicability.
85.1702 Definitions.
85.1703 Application of section 216(2).
85.1704 Who may request an exemption.
85.1705 Testing exemption.
85.1706 Pre-certification exemption.
85.1707 Display exemption.
85.1708 National security exemption.
85.1709 Export exemptions.
85.1710 Granting of exemptions.
85.1711 Submission of exemption requests.
85.1712 Treatment of confidential information.
85.1713 Delegated-assembly exemption.
85.1714 Replacement-engine exemption.

                      Subpart S_Recall Regulations

85.1801 Definitions.
85.1802 Notice to manufacturer of nonconformity; submission of Remedial 
          Plan.
85.1803 Remedial Plan.
85.1804 Approval of Plan: Implementation.
85.1805 Notification to vehicle or engine owners.
85.1806 Records and reports.
85.1807 Public hearings.
85.1808 Treatment of confidential information.

Appendix A to Subpart S--Interpretive Ruling for Sec. 85.1803--Remedial 
          Plans

            Subpart T_Emission Defect Reporting Requirements

85.1901 Applicability.
85.1902 Definitions.
85.1903 Emissions defect information report.
85.1904 Voluntary emissions recall report; quarterly reports.
85.1905 Alternative report formats.
85.1906 Report filing: Record retention.
85.1907 Responsibility under other legal provisions preserved.
85.1908 Disclaimer of production warranty applicability.
85.1909 Treatment of confidential information.

[[Page 6]]

Subpart U [Reserved]

Subpart V_Emissions Control System Performance Warranty Regulations and 
            Voluntary Aftermarket Part Certification Program

85.2101 General applicability.
85.2102 Definitions.
85.2103 Emission performance warranty.
85.2104 Owners' compliance with instructions for proper maintenance and 
          use.
85.2105 Aftermarket parts.
85.2106 Warranty claim procedures.
85.2107 Warranty remedy.
85.2108 Dealer certification.
85.2109 Inclusion of warranty provisions in owners' manuals and warranty 
          booklets.
85.2110 Submission of owners' manuals and warranty statements to EPA.
85.2111 Warranty enforcement.
85.2112 Applicability.
85.2113 Definitions.
85.2114 Basis of certification.
85.2115 Notification of intent to certify.
85.2116 Objections to certification.
85.2117 Warranty and dispute resolution.
85.2118 Changes after certification.
85.2119 Labeling requirements.
85.2120 Maintenance and submittal of records.
85.2121 Decertification.
85.2122 Emission-critical parameters.
85.2123 Treatment of confidential information.

Appendix I to Subpart V--Recommended Test Procedures and Test Criteria 
          and Recommended Durability Procedures To Demonstrate 
          Compliance With Emission Critical Parameters
Appendix II to Subpart V--Arbitration Rules

   Subpart W_Emission Control System Performance Warranty Short Tests

85.2201 Applicability.
85.2202 General provisions.
85.2203 Short test standards for 1981 and later model year light-duty 
          vehicles.
85.2204 Short test standards for 1981 and later model year light-duty 
          trucks.
85.2205-85.2206 [Reserved]
85.2207 On-board diagnostics test standards.
85.2208 Alternative standards and procedures.
85.2209 2500 rpm/idle test--EPA 81.
85.2210 Engine restart 2500 rpm/idle test--EPA 81.
85.2211 Engine restart idle test--EPA 81.
85.2212 Idle test--EPA 81.
85.2213 Idle test--EPA 91.
85.2214 Two speed idle test--EPA 81.
85.2215 Two speed idle test--EPA 91.
85.2216 Loaded test--EPA 81.
85.2217 Loaded test--EPA 91.
85.2218 Preconditioned idle test--EPA 91.
85.2219 Idle test with loaded preconditioning--EPA 91.
85.2220 Preconditioned two speed idle test--EPA 91.
85.2221 [Reserved]
85.2222 On-board diagnostic test procedures.
85.2223 On-board diagnostic test report.
85.2224 Exhaust analysis system--EPA 81.
85.2225 Steady state test exhaust analysis system--EPA 91.
85.2226-85.2228 [Reserved]
85.2229 Dynamometer--EPA 81.
85.2230 Steady state test dynamometer--EPA 91.
85.2231 On-board diagnostic test equipment requirements.
85.2232 Calibrations, adjustments--EPA 81.
85.2233 Steady state test equipment calibrations, adjustments, and 
          quality control--EPA 91.
85.2234-85.2236 [Reserved]
85.2237 Test report--EPA 81.
85.2238 Test report--EPA 91.

  Subpart X_Determination of Model Year for Motor Vehicles and Engines 
 Used in Motor Vehicles Under Section 177 and Part A of Title II of the 
                              Clean Air Act

85.2301 Applicability.
85.2302 Definition of model year.
85.2303 Duration of model year.
85.2304 Definition of production period.
85.2305 Duration and applicability of certificates of conformity.

   Subpart Y_Fees for the Motor Vehicle and Engine Compliance Program

85.2401 Assessment of fees.

Appendixes I-VII to Part 85 [Reserved]
Appendix VIII to Part 85--Vehicle and Engine Parameters and 
          Specifications

    Authority: 42 U.S.C. 7401-7671q.

Subparts A-E [Reserved]



     Subpart F_Exemption of Aftermarket Conversions From Tampering 
                               Prohibition

    Source: 59 FR 48490, Sept. 21, 1994, unless otherwise noted.



Sec. 85.501  General applicability.

    (a) Sections 85.502 through 85.505 are applicable to aftermarket 
conversion systems for which an enforcement exemption is sought from the 
tampering prohibitions contained in section 203 of the Act.

[[Page 7]]

    (b) References in this subpart to engine families and emission 
control systems shall be deemed to apply to durability groups and test 
groups as applicable for manufacturers certifying new light-duty 
vehicles, light-duty trucks, and Otto-cycle complete heavy-duty vehicles 
under the provisions of 40 CFR part 86, subpart S.

[65 FR 59943, Oct. 6, 2000]



Sec. 85.502  Definitions.

    (a) The Act means the Clean Air Act as amended (42 U.S.C. 7501 et 
seq.).
    (b) Administrator means the Administrator of the Environmental 
Protection Agency or his or her authorized representative.
    (c) Aftermarket conversion system means any combination of hardware, 
including but not limited to fuel storage and fuel metering hardware, 
which is installed on a light-duty vehicle, light-duty truck, heavy-duty 
vehicle, or heavy-duty engine with the effect of allowing the vehicle or 
engine to operate on a fuel other than the fuel which the vehicle or 
engine was originally certified to use. Components which do not affect 
the emissions performance of the converted vehicle or engine, as 
determined by the Administrator, are not included for the purposes of 
this subpart.
    (d) Aftermarket conversion installer means any company or individual 
which installs an aftermarket conversion system on a light-duty vehicle, 
light-duty truck, heavy-duty vehicle, or heavy-duty engine with the 
effect of allowing the vehicle or engine to operate on a fuel other than 
the fuel which the vehicle or engine was originally certified to use.
    (e) Aftermarket conversion certifier means any company or individual 
which assembles the various aftermarket conversion hardware components 
into a particular combination or configuration and certifies that 
combination or configuration according to the provisions of this 
subpart.
    (f) Model Year means the manufacturer's annual production period (as 
determined by the Administrator) which includes January 1 of such 
calendar year: Provided, That if the manufacturer has no annual 
production period, the term model year shall mean the calendar year.



Sec. 85.503  Conditions of exemption.

    (a) As a condition of receiving an enforcement exemption from the 
tampering prohibitions contained in section 203 of the Act, an 
aftermarket conversion certifier must certify the aftermarket conversion 
system, using the applicable procedures in part 86 of this chapter, and 
meeting the applicable standards and requirements in Sec. Sec. 85.504 
and 85.505, and accept liability for in-use performance of the 
aftermarket conversion system as outlined in this part.
    (b) As a condition of receiving an enforcement exemption from the 
tampering prohibitions contained in section 203 of the Act, an 
aftermarket conversion installer must:
    (1) Install a conversion which has been certified as a new vehicle 
or engine, using the applicable procedures in part 86 of this chapter, 
and meeting the applicable standards and requirements in Sec. Sec. 
85.504 and 85.505; and
    (2) Accept liability for in-use performance of the aftermarket 
conversion system as outlined in this part.



Sec. 85.504  Applicable standards.

    (a) The emission standards applicable to conversions of 1993 and 
later model year vehicles and engines are:
    (1) All of the requirements that would apply if the conversion were 
being certified as if it were a new vehicle or engine.
    (2) If a vehicle or engine to be converted was originally certified 
to a NOX or particulate family emission limit other than the 
applicable new vehicle NOX or particulate standard, the 
family emission limit is the applicable standard.
    (b) The emission standards applicable to conversions of 1992 and 
earlier model year vehicles and engines are:
    (1) Exhaust hydrocarbons (as applicable by fuel type). The Tier 0 
hydrocarbon standards, as applicable by vehicle class, contained in 
Sec. Sec. 86.094-8 and 86.094-9 of this chapter, and the hydrocarbon 
standards, as applicable by engine class, contained in Sec. Sec. 
86.094-10 and 86.094-11 of this chapter;

[[Page 8]]

    (2) CO, NOX and particulate. The applicable CO, NOX and 
particulate standards or NOX and particulate family emission 
limits the vehicle or engine was originally certified as meeting;
    (3) Evaporative hydrocarbons. Any evaporative requirements 
applicable to the original vehicle or engine will remain applicable to 
the conversion if the converted vehicle or engine retains the ability to 
operate on the fuel which it was designed and certified to use.



Sec. 85.505  Labeling.

    (a) The aftermarket conversion certifier shall provide with each 
aftermarket conversion system a supplemental emission control 
information label, which shall be affixed by the aftermarket conversion 
installer in a permanent manner to each converted vehicle, in a location 
adjacent to the original emission control information label required in 
Sec. 86.092-35 of this chapter. If the supplemental label cannot be 
placed adjacent to the original label, it shall be placed in a location 
where it will be seen by a person viewing the original label.
    (b) The supplemental label shall be affixed in such a manner that it 
cannot be removed without destroying or defacing the label. The label 
shall not be affixed to any equipment which is easily detached from the 
vehicle.
    (c) The supplemental label shall clearly state that the vehicle has 
been equipped with an aftermarket conversion system designed to allow it 
to operate on a fuel other than the fuel it was originally manufactured 
to operate on, and shall identify the fuel(s) which the vehicle is 
designed to use.
    (d) The supplemental label shall show the vehicle model year; the 
aftermarket conversion certifier's name, address and telephone number; 
the installer's name, address, and telephone number; the date on which 
the aftermarket conversion system was installed; the mileage of the 
vehicle at the time of the conversion; and shall state that the 
converted vehicle complies with federal emission requirements.
    (e) The supplemental label shall list any original parts that were 
removed during installation of the aftermarket conversion system, as 
well as any changes in tune-up specifications required for the 
aftermarket conversion system.

Subparts G-N [Reserved]



                Subpart O_Urban Bus Rebuild Requirements

    Source: 58 FR 21386, Apr. 21, 1993, unless otherwise noted.



Sec. 85.1401  General applicability.

    The requirements of this subpart shall be applicable to 1993 and 
earlier model year urban buses operating in consolidated metropolitan 
statistical areas and metropolitan statistical areas with a 1980 
population of 750,000 or more that have their engines rebuilt or 
replaced after January 1, 1995.



Sec. 85.1402  Definitions.

    The definitions of this section apply to this subpart.
    Agency means the Environmental Protection Agency.
    Certified equipment or Retrofit/Rebuild Equipment means equipment 
certified in accordance with the certification regulations contained in 
this subpart.
    Emission related parts means those parts installed for the specific 
purpose of controlling emissions or those components, systems, or 
elements of design which must function properly to assure continued 
emission compliance.
    Engine configuration means the set of components, tolerances, 
specifications, design parameters, and calibrations related to the 
emissions performance of the engine and specific to a subset of an 
engine family having a unique combination of displacement, fuel 
injection calibration, auxiliary emission control devices and emission 
control system components.
    Engine rebuild means an activity, occurring over one or more 
maintenance events, involving:
    (1) Disassembly of the engine including the removal of the cylinder 
head(s); and
    (2) The replacement or reconditioning of more than one major 
cylinder component in more than half of the cylinders.

[[Page 9]]

    Engine replacement means the removal of an engine from the coach 
followed by the installation of another engine.
    In-use compliance period for purposes of in-use testing means a 
period of 150,000 miles.
    Maintenance event means a single maintenance activity for which the 
engine is removed from service. Once the engine is returned to service, 
the maintenance event is considered done.
    Major cylinder component means piston assembly, cylinder liner, 
connecting rod, or piston ring set.
    MOD Director means Director of Manufacturers Operations Division, 
Office of Mobile Sources--Office of Air and Radiation of the 
Environmental Protection Agency.
    Office Director means the Director for the Office of Mobile 
Sources--Office of Air and Radiation of the Environmental Protection 
Agency or an authorized representative of the Office Director.
    Operator means transit authority, state, city department, or private 
or public entity controlling the use of one or more urban buses.
    Original engine configuration means the engine configuration at time 
of initial sale.
    Original equipment part means a part present in or on an engine at 
the time an urban bus is originally sold to the ultimate purchaser.
    Scheduled maintenance means those maintenance events required by the 
equipment certifier in order to ensure that the retrofitted engine will 
maintain its emissions performance over the in-use compliance period.
    Urban bus has the meaning set forth in Sec. 86.091-2 of this 
chapter.
    Written instructions for proper maintenance and use means those 
maintenance and operation instructions specified in the warranty as 
being necessary to assure compliance of the retrofit/rebuild equipment 
with applicable emission standards for the in-use compliance period.



Sec. 85.1403  Particulate standard for pre-1994 model year urban 
buses effective at time of engine rebuild or engine replacement.

    (a) Operators of urban buses in areas described in Sec. 85.1401 
shall be in compliance with one of the two programs described in 
paragraphs (b) and (c) of this section. An operator may switch between 
programs from year to year only if the operator has been in compliance 
with all the requirements of the newly chosen program at all times 
between January 1, 1995 and the date on which the operator chooses to 
switch programs.
    (b) Program 1: Performance based requirement. Program 1 requires 
that affected urban buses meet a particulate standard of 0.10 g/bhp-hr 
effective at time of engine rebuild or replacement and thereafter. The 
requirement to meet the 0.10 g/bhp-hr standard is automatically waived 
if no equipment has been certified that meets the 0.10 g/bhp-hr standard 
and has a life cycle cost of $7,940 or less (in 1992 dollars) for the 
engine being rebuilt. Program 1 contains fallback requirements for 
engines for which the 0.10 g/bhp-hr standard is waived. Such urban bus 
engines must receive equipment that provides a 25 percent reduction in 
particulate emissions relative to the particulate level of the original 
engine configuration. This 25 percent reduction requirement is 
automatically waived if no equipment has been certified for the engine 
being rebuilt that provides a 25 percent reduction in particulate 
emissions and has a life cycle cost $2,000 or less (in 1992 dollars). In 
cases where equipment is not available to either meet a 0.10 g/bhp-hr 
standard for less than the applicable cost ceiling or achieve a 25 
percent reduction for less than the applicable cost ceiling, the urban 
bus is required to be equipped with an engine rebuilt to the original 
engine configuration or a configuration certified to have a particulate 
level lower than that of the original engine configuration.
    (1) Exhaust emissions from any urban bus for which this subpart is 
applicable shall not exceed a particulate standard of 0.10 grams per 
brake horsepower-hour (0.037 grams per megajoule) if equipment is 
available for the engine model of such urban bus at time of engine 
rebuild or engine replacement, as specified in paragraph (b)(1)(i) of 
this section.
    (i) Equipment is available for a particular engine model if 
equipment has

[[Page 10]]

been certified to a particulate standard of 0.10 grams per brake 
horsepower-hour (0.037 grams per megajoule), and the equipment for the 
engine model has been approved for certification for six months or more, 
and has a life cycle cost as determined under paragraph (b)(1)(ii) of 
this section that does not exceed the life cycle cost ceiling specified 
in paragraph (b)(1)(iii) of this section.
    (ii) The life cycle cost of equipment is equal to the sum of the 
purchase price, the installation cost, the incremental fuel cost, the 
cost of any fuel additives required, and the incremental maintenance 
cost associated with the equipment each as defined in paragraphs 
(b)(1)(ii)(A) through (b)(1)(ii)(E) of this section minus an engine 
replacement credit as defined in paragraph (b)(1)(ii)(F) of this section 
if the equipment replaces an existing engine with a new engine.
    (A) The purchase price is defined as the price at which the 
equipment (including all parts necessary to install and operate the 
equipment properly) is offered to the operator. The purchase price 
excludes reasonable shipping and handling fees and taxes, and equipment 
costs incurred by the urban bus operator for a standard rebuild.
    (B)(1) The installation cost is defined as the labor cost of 
installing the equipment on an urban bus engine, incremental to a 
standard rebuild, based on a labor rate of $35 per hour. The 
installation cost is calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TN30AU93.007

Where,

CPIR is the most recent published Consumer Price Index at 
time of rebuild (for ``all items'' as published by the U.S. Bureau of 
Labor Statistics).
CPI1992 is the Consumer Price Index (for ``all items'' as 
published by the U.S. Bureau of Labor Statistics) for 1992.

    (2) The estimated number of hours necessary to install the equipment 
will be determined as part of the equipment certification process, as 
detailed in Sec. 85.1407.
    (C) The incremental fuel cost is defined as the increased fuel costs 
or the fuel savings due to the use of the equipment. (By definition, 
fuel savings will be negative values.) The calculation of incremental 
fuel cost will depend on the type of equipment being installed.
    (1)(i) For equipment not requiring a change from on road federal 
diesel fuel, the incremental fuel cost shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TN30AU93.008

Where,

CPIR is the most recent published Consumer Price Index at 
time of rebuild (for ``all items'' as published by the U.S. Bureau of 
Labor Statistics).
CPI1992 is the Consumer Price Index (for ``all items'' as 
published by the U.S. Bureau of Labor Statistics) for 1992.

    (ii) The percent change in fuel economy will be determined as part 
of the equipment certification process, as detailed in Sec. 85.1407. If 
equipment causes the fuel economy of the engine to increase, the value 
of the fuel economy % reduction in the above equation shall be a 
negative value.

[[Page 11]]

    (2) For equipment requiring a fuel other than on-road federal diesel 
fuel, the incremental fuel cost shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TN30AU93.009

Where,
[GRAPHIC] [TIFF OMITTED] TN30AU93.010

    (i) For equipment/alternative fuel that is being certified under 
Sec. 85.1407 as available to all affected operators for less than the 
life cycle cost ceiling, the discounted lifetime mileage is 129,104 
miles. For equipment/alternative fuel that is not being certified under 
Sec. 85.1407 as available to all affected operators for less than the 
life cycle cost ceiling, the discounted lifetime mileage is based on the 
age of the urban bus engine being rebuilt as specified in the following 
table:

------------------------------------------------------------------------
                                                             Discounted
             Age of engine at time of rebuild                 lifetime
                                                                miles
------------------------------------------------------------------------
5 Years...................................................       229,478
6 Years...................................................       204,881
7 Years...................................................       180,703
8 Years...................................................       155,902
9 Years...................................................       131,505
10 Years..................................................       109,680
11 Years..................................................        90,608
12 Years..................................................        70,200
13 Years..................................................        48,364
14 Years..................................................        25,000
15 or more Years..........................................             0
------------------------------------------------------------------------

    (ii) The cost per mile for diesel fuel is calculated based on the 
following equation:
[GRAPHIC] [TIFF OMITTED] TN30AU93.011

    (iii) For equipment/alternative fuel that is being certified under 
Sec. 85.1407 as available to all affected operators for less than the 
life cycle cost ceiling, the price of diesel fuel per gallon, excluding 
taxes, is $0.72 x (CPIR/CPI1992). For equipment/
alternative fuel that is not being certified under Sec. 85.1407 as 
available to all affected operators for less than the life cycle cost 
ceiling, the price of diesel fuel per gallon, excluding taxes, is the 
price at which the operator currently purchases diesel fuel, excluding 
taxes.
    (iv) The cost per mile for alternative fuels is calculated based on 
the following equation:

[[Page 12]]

[GRAPHIC] [TIFF OMITTED] TN30AU93.012

    (v) In order for the equipment/alternative fuel to be required, the 
fuel supplier must provide a contract to the urban bus operator 
specifying the cost of the fuel for the life of the engine being 
retrofitted. The contract must specify the maximum incremental cost, 
compared to the cost of diesel fuel on a per mile basis, at which the 
fuel will be sold. As part of the contract, the fuel supplier must also 
provide on-site facilities, meeting all applicable safety and fire code 
requirements, for refueling the urban bus engines being retrofitted, 
unless the operator already has sufficient refueling facilities or the 
operator agrees to use off-site refueling facilities.
    (vi) The fuel economy of the engine retrofitted with the equipment 
will be determined as part of the equipment certification process, as 
detailed in Sec. 85.1407.
    (D) For equipment requiring the use of a fuel additive, the fuel 
additive cost shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TN30AU93.013

    (1) For diesel-fueled engines, the fuel economy of the engine is 3.3 
miles per gallon. For alternatively-fueled engines, the fuel economy of 
the engine shall be determined as part of the equipment certification 
process, as detailed in Sec. 85.1407.
    (2) For equipment/fuel additive that is being certified under Sec. 
85.1407 as available to all affected operators for less than the life 
cycle cost ceiling, the discounted lifetime mileage is 129,104 miles. 
For equipment/fuel additive that is not being certified under Sec. 
85.1407 as available to all affected operators for less than the life 
cycle cost ceiling, the discounted lifetime mileage is based on the age 
of the urban bus engine being rebuilt as specified in the following 
table:

------------------------------------------------------------------------
                                                             Discounted
             Age of engine at time of rebuild                 lifetime
                                                                miles
------------------------------------------------------------------------
5 Years...................................................       229,478
6 Years...................................................       204,881
7 Years...................................................       180,703
8 Years...................................................       155,902
9 Years...................................................       131,505
10 Years..................................................       109,680
11 Years..................................................        90,608
12 Years..................................................        70,200
13 Years..................................................        48,364
14 Years..................................................        25,000
15 or more Years..........................................             0
------------------------------------------------------------------------

    (3) The price of the fuel additive is the price at which the fuel 
additive supplier supplies the fuel additive to the urban bus operator. 
In order for the equipment/fuel additive to be required, the equipment/
fuel additive supplier must provide a contract to the urban

[[Page 13]]

bus operator specifying the maximum cost at which the fuel additive will 
be sold for the life of the engine being retrofitted.
    (4) The amount of fuel additive required per gallon of diesel fuel 
will be determined as part of the equipment certification process, as 
detailed in Sec. 85.1407.
    (E) The incremental maintenance cost of the equipment is equal to 
the cost of the parts necessary for scheduled maintenance of the 
retrofit equipment incremental to cost of the parts necessary for 
maintenance of an original, non-retrofitted engine. The incremental 
maintenance cost will be determined as part of the equipment 
certification process, as detailed in Sec. 85.1407.
    (F) For equipment which replaces an existing urban bus engine with a 
new, previously unused engine, a credit will be applied to the life 
cycle cost. The engine replacement credit will be determined as follows:
[GRAPHIC] [TIFF OMITTED] TN30AU93.014

Where,

CPIR is the most recent published Consumer Price Index at 
time of rebuild (for ``all items'' as published by the U.S. Bureau of 
Labor Statistics).
CP11992 is the Consumer Price Index (for ``all items'' as 
published by the U.S. Bureau of Labor Statistics) for 1992.

    (iii) The life cycle cost ceiling for complying with the 0.10 grams 
per brake horsepower-hour (0.037 grams per megajoule) particulate 
rebuild standard is calculated by the following equation at the time of 
rebuild:
[GRAPHIC] [TIFF OMITTED] TN30AU93.015

Where,

CPIR is the most recent published Consumer Price Index at 
time of rebuild (for ``all items'' as published by the U.S. Bureau of 
Labor Statistics).
CPI1992 is the Consumer Price Index (for ``all items'' as 
published by the U.S. Bureau of Labor Statistics) for 1992.

    (2) If no equipment meets the provisions of paragraph (b)(1) of this 
section for a particular model of urban bus engine, then any urban bus 
for which this subpart is applicable shall use equipment that has been 
certified to achieve at least a 25 percent reduction in particulate 
emissions from the original certified particulate emission level of the 
urban bus engine model being rebuilt, if such equipment is available as 
specified in paragraph (b)(2)(i) of this section. If no certification 
data exists for the emission level of the original urban bus engine 
configuration as initially certified, then other test data collected 
over the heavy-duty engine Federal Test Procedure, or an approved 
alternative test procedure prescribed under Sec. 85.1414, may be 
considered in determining the percent reduction.
    (i) Equipment is available for a particular engine model if 
equipment has been certified to achieve at least a 25 percent reduction 
in particulate emissions from original levels, and the equipment for the 
engine model has been approved for certification for six months or more, 
and has a life cycle cost as determined under paragraph (b)(2)(ii) of 
this section that does not exceed the life cycle cost ceiling specified 
in paragraph (b)(2)(iii) of this section.
    (ii) The life cycle cost of equipment is equal to the sum of the 
purchase price, the installation cost, the incremental fuel cost, the 
cost of any fuel additives required, and the incremental maintenance 
cost associated with the equipment each as defined in paragraphs 
(b)(2)(ii)(A) through (b)(2)(ii)(E)

[[Page 14]]

of this section minus an engine replacement credit as defined in 
paragraph (b)(2)(ii)(F) of this section if the equipment replaces an 
existing engine with a new engine.
    (A) The purchase price is defined as the price at which the 
equipment (including all parts necessary to install and operate the 
equipment properly) is offered to the operator. The purchase price 
excludes reasonable shipping and handling fees and taxes, and equipment 
costs incurred by the urban bus operator for a standard rebuild.
    (B)(1) The installation cost is defined as the labor cost of 
installing the equipment on an urban bus engine, incremental to a 
standard rebuild, based on a labor rate of $35 per hour. The 
installation cost is calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TN30AU93.016

Where,

CPIR is the most recent published Consumer Price Index at 
time of rebuild (for ``all items'' as published by the U.S. Bureau of 
Labor Statistics).
CPI1992 is the Consumer Price Index (for ``all items'' as 
published by the U.S. Bureau of Labor Statistics) for 1992.

    (2) The estimated number of hours necessary to install the equipment 
will be determined as part of the equipment certification process, as 
detailed in Sec. 85.1407.
    (C) The incremental fuel cost is defined as the increased fuel costs 
or the fuel savings due to the use of the equipment. (By definition, 
fuel savings will be negative values.) The calculation of incremental 
fuel cost will depend on the type of equipment being installed.
    (1)(i) For equipment not requiring a change from on road federal 
diesel fuel, the incremental fuel cost shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TN30AU93.017

Where,

CPIR is the most recent published Consumer Price Index at 
time of rebuild (for ``all items'' as published by the U.S. Bureau of 
Labor Statistics).
CPI1992 is the Consumer Price Index (for ``all items'' as 
published by the U.S. Bureau of Labor Statistics) for 1992.

    (ii) The percent change in fuel economy will be determined as part 
of the equipment certification process, as detailed in Sec. 85.1407. If 
equipment causes the fuel economy of the engine to increase, the value 
of the fuel economy % reduction in the above equation shall be a 
negative value.
    (2) For equipment requiring a fuel other than on road federal diesel 
fuel, the incremental fuel cost shall be calculated as follows:

[[Page 15]]

[GRAPHIC] [TIFF OMITTED] TN30AU93.018

Where,
[GRAPHIC] [TIFF OMITTED] TN30AU93.019

    (i) For equipment/alternative fuel that is being certified under 
Sec. 85.1407 as available to all affected operators for less than the 
life cycle cost ceiling, the discounted lifetime mileage is 129,104 
miles. For equipment/alternative fuel that is not being certified under 
Sec. 85.1407 as available to all affected operators for less than the 
life cycle cost ceiling, the discounted lifetime mileage is based on the 
age of the urban bus engine being rebuilt as specified in the following 
table:

------------------------------------------------------------------------
                                                              Discounted
              Age of engine at time of rebuild                 lifetime
                                                                miles
------------------------------------------------------------------------
5 years....................................................      229,478
6 years....................................................      204,881
7 years....................................................      180,703
8 years....................................................      155,902
9 years....................................................      131,505
10 years...................................................      109,680
11 years...................................................       90,608
12 years...................................................       70,200
13 years...................................................       48,364
14 years...................................................       25,000
15 or more years...........................................            0
------------------------------------------------------------------------

    (ii) The cost per mile for diesel fuel is calculated based on the 
following equation:
[GRAPHIC] [TIFF OMITTED] TN30AU93.020

    (iii) For equipment/alternative fuel that is being certified under 
Sec. 85.1407 as available to all affected operators for less than the 
life cycle cost ceiling, the price of diesel fuel per gallon, excluding 
taxes, is $0.72x(CPIR/CPI1992). For equipment/
alternative fuel that is not being certified under Sec. 85.1407 as 
available to all affected operators for less than the life cycle cost 
ceiling, the price of diesel fuel per gallon, excluding taxes, is the 
price at which the operator currently purchases diesel fuel, excluding 
taxes.
    (iv) The cost per mile for alternative fuels is calculated based on 
the following equation:

[[Page 16]]

[GRAPHIC] [TIFF OMITTED] TN30AU93.021

    (v) In order for the equipment/alternative fuel to be required, the 
fuel supplier must provide a contract to the urban bus operator 
specifying the cost of the fuel for the life of the engine being 
retrofitted. The contract must specify the incremental cost, compared to 
the cost of diesel fuel on a per mile basis, at which the fuel will be 
sold. As part of the contract, the fuel supplier must also provide on-
site facilities, meeting all applicable safety and fire code 
requirements, for refueling, the urban bus engines being retrofitted, 
unless the operator already has sufficient refueling facilities or the 
operator agrees to use off-site refueling facilities. The fuel supplier 
must also provide for any modifications to existing facilities that are 
necessary due to the use of the equipment/alternative fuel to meet 
applicable safety and fire code requirements.
    (vi) The fuel economy of the engine retrofitted with the equipment 
will be determined as part of the equipment certification process, as 
detailed in Sec. 85.1407.
    (D) For equipment requiring the use of a fuel additive, the fuel 
additive cost shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TN30AU93.022

    (1) For diesel-fueled engines, the fuel economy of the engine is 3.3 
miles per gallon. For alternatively-fueled engines, the fuel economy of 
the engine shall be determined as part of the equipment certification 
process, as detailed in Sec. 85.1407.
    (2) For equipment/fuel additive that is being certified under Sec. 
85.1407 as available to all affected operators for less than the life 
cycle cost ceiling, the discounted lifetime mileage is 129,104 miles. 
For equipment/fuel additive that is not being certified under Sec. 
85.1407 as available to all affected operators for less than the life 
cycle cost ceiling, the discounted lifetime mileage is based on the age 
of the urban bus engine being rebuilt as specified in the following 
table:

------------------------------------------------------------------------
                                                              Discounted
              Age of engine at time of rebuild                 lifetime
                                                                miles
------------------------------------------------------------------------
5 years....................................................      229,478
6 years....................................................      204,881
7 years....................................................      180,703
8 years....................................................      155,902
9 years....................................................      131,505
10 years...................................................      109,680
11 years...................................................       90,608
12 years...................................................       70,200
13 years...................................................       48,364
14 years...................................................       25,000
15 or more years...........................................            0
------------------------------------------------------------------------


[[Page 17]]

    (3) The price of the fuel additive is the price at which the fuel 
additive supplier supplies the fuel additive to the urban bus operator. 
In order for the equipment/fuel additive to be required, the equipment/
fuel additive supplier must provide a contract to the urban bus operator 
specifying the maximum cost at which the fuel additive will be sold for 
the life of the engine being retrofitted.
    (4) The amount of fuel additive required per gallon of diesel fuel 
will be determined as part of the equipment certification process, as 
detailed in Sec. 85.1407.
    (E) The incremental maintenance cost of the equipment is equal to 
the cost of the parts necessary for scheduled maintenance of the 
retrofit equipment incremental to cost of the parts necessary for 
maintenance of an original, non-retrofitted engine. The incremental 
maintenance cost will be determined as part of the equipment 
certification process, as detailed in Sec. 85.1407.
    (F) For equipment which replaces an existing urban bus engine with a 
new, previously unused engine, a credit will be applied to the life 
cycle cost. The engine replacement credit will be determined as follows:
[GRAPHIC] [TIFF OMITTED] TN30AU93.023

Where,

CPIR is the most recent published Consumer Price Index at 
time of rebuild (for ``all items'' as published by the U.S. Bureau of 
Labor Statistics).
CPI1992 is the Consumer Price Index (for ``all items'' as 
published by the U.S. Bureau of Labor Statistics) for 1992.

    (iii) The life cycle cost ceiling for complying with the 25 percent 
particulate emission reduction requirement is calculated by the 
following equation at the time of rebuild:
[GRAPHIC] [TIFF OMITTED] TN30AU93.024

Where,

CPIR is the most recent published Consumer Price Index at 
time of rebuild (for ``all items'' as published by the U.S. Bureau of 
Labor Statistics).
CPI1992 is the Consumer Price Index (for ``all items'' as 
published by the U.S. Bureau of Labor Statistics) for 1992.

    (3)(i) Urban buses covered by this subpart for which no equipment is 
available under paragraphs (b)(1) or (b)(2) of this section shall be 
equipped with one of the following:
    (A) The original engine rebuilt to its original engine configuration 
as specified in paragraph (b)(3)(ii) of this section; or
    (B) An engine identical to its original engine which has been 
rebuilt to its original configuration as specified in paragraph 
(b)(3)(ii) of this section; or
    (C) An engine of a configuration with a certification PM level lower 
than the original configuration; or
    (D) A replacement engine with a particulate matter certification 
level lower than the original engine.
    (ii) All replacement or rebuilt parts shall be equivalent to the 
original equipment specifications.
    (4) Notwithstanding paragraph (b)(3) of this section, if as of July 
1, 1996, no equipment has been certified to meet the cost ceiling 
requirements of paragraphs (b)(1) or (b)(2) of this section, then urban 
buses covered by this subpart shall be equipped with equipment that has 
been certified to achieve at least a 25 percent reduction in particulate 
emissions from the original certified particulate emission level of the 
urban bus engine model being rebuilt, provided the equipment does not 
require any of the following:

[[Page 18]]

    (i) A switch from mechanical control to electronic control; or
    (ii) Installation of exhaust aftertreatment equipment; or
    (iii) The use of a fuel different from the fuel on which the engine 
currently operates.
    (c) Program 2: Averaging based program. Program 2 requires affected 
urban bus operators to meet an annual average fleet particulate 
emissions level, rather than requiring each individual rebuilt urban bus 
engine in the operator's fleet to meet a specific particulate emission 
level. Under Program 2, each affected fleet operator must reduce 
particulate emissions from its affected urban buses (i.e., 1993 and 
earlier model year urban buses) to a level low enough to meet an annual 
average target level for a fleet (TLF) for particulate emissions (in 
grams per brake horsepower-hour). The TLF is calculated for each year of 
the program beginning in 1996. During each calendar year, the average 
particulate emissions level from all of the operator's pre-1994 model 
year urban buses must be at or below the TLF for that calendar year. The 
TLF for a particular calendar year is calculated based on the Agency's 
determination of the projected emission level for each engine model in 
the operator's pre-1994 model year urban bus fleet, as specified in 
paragraph (c)(1)(iii) of this section, and based on a schedule for 
rebuilding of affected urban bus engines, as specified in paragraph 
(c)(1)(iv) of this section.
    (1) During each calendar year starting with 1996, urban bus 
operators shall be in compliance with an annual Target Level for a Fleet 
(TLF) of particulate emissions calculated using the equation defined in 
paragraph (c)(1)(i) of this section. Operators must comply with a TLF, 
rounded to two places after the decimal, until all pre-1994 urban buses 
have been retired from the operator's fleet.
    (i) An urban bus operator's annual Target Level for a Fleet (TLF) 
for a particular calendar year shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TN30AU93.025

Where,

CY is the calendar year.
MY is the model year.
BMY is the number of urban buses of that model year in the 
operator's fleet as of January 1, 1995, plus any urban buses of that 
model year added to the fleet after January 1, 1995.
WPMY is the weighted average of projected particulate 
emissions for urban buses of that model year calculated using the 
formula in paragraph (c)(1)(ii) of this section.

    (ii) The weighted average of projected particulate emissions for 
urban buses of a particular model year is calculated using the following 
equation:
[GRAPHIC] [TIFF OMITTED] TN30AU93.026


[[Page 19]]


Where,

MY is the model year.
z is the number of different engine models in the fleet of model year 
MY.
Bz is the number of urban buses in the operator's fleet as of 
January 1, 1995 (including those added after January 1, 1995) equipped 
with a specific engine model of the given model year.
Pz is the projected particulate emission level of that engine 
model provided in paragraphs (c)(1)(iii) and (c)(1)(iv) of this section.

    (iii)(A) Pre-rebuild particulate emission levels and projected post-
rebuild particulate emission levels in grams per brake horsepower-hour 
(g/bhp-hr) are based on engine type and model year and are specified in 
the following table. The appropriate particulate level, pre-rebuild or 
post-rebuild, shall be determined using the information contained in 
paragraph (c)(1)(iv) of this section.

----------------------------------------------------------------------------------------------------------------
                                                                                                      Projected
                                                                                        Pre-rebuild     post-
                                                                                        particulate    rebuild
                 Engine model                            Model year of engine            level (g/   particulate
                                                                                          bhp-hr)     level (g/
                                                                                                       bhp-hr)
----------------------------------------------------------------------------------------------------------------
DDC 6V92TA...................................  1979-1987..............................         0.50         0.30
                                               1988-1989..............................         0.30         0.10
DDC 6V92TA DDECI.............................  1986-1987..............................         0.30         0.30
DDC 6V92TA DDECII............................  1988-1991..............................         0.31         0.10
                                               1992...................................         0.25         0.10
                                               1993 (no trap).........................         0.25         0.10
                                               1993 (trap)............................         0.07         0.07
DDC Series 50................................  1993...................................         0.16         0.10
DDC 6V71N....................................  1973-1987..............................         0.50         0.50
                                               1988-1989..............................         0.50         0.10
DDC 6V71T....................................  1985-1986..............................         0.50         0.50
DDC 8V71N....................................  1973-1984..............................         0.50         0.50
DDC 6L71TA...................................  1990...................................         0.59         0.10
                                               1988-1989..............................         0.31         0.10
DDC 6L71TA DDEC..............................  1990-1991..............................         0.30         0.10
Cummins L10..................................  1985-1987..............................         0.65         0.65
                                               1988-1989..............................         0.55         0.10
                                               1990-1991..............................         0.46         0.10
Cummins L10 EC...............................  1992...................................         0.25         0.10
                                               1993 (trap)............................         0.05         0.05
Alternatively-fueled engines.................  Pre-1994...............................         0.10         0.10
Other engines................................  Pre-1988...............................         0.50         0.50
                                               1988-1993..............................        (\1\)        0.10
----------------------------------------------------------------------------------------------------------------
\1\ Certification level.

    (B) For the TLF calculations as specified in paragraph (c)(1)(iv) of 
this section, post-rebuild particulate emissions levels for a specific 
engine model shall be equal to the following:
    (1) 0.10 g/bhp-hr, for any engine model (other than any model year 
1984 and 1987 engine models, and those engine models indicated in 
paragraph (c)(1)(iii)(B)(4) of this section) for which equipment has 
been certified by July 1, 1994 as meeting the emission and cost 
requirements of paragraph (b)(1) of this section for all affected urban 
bus operators;
    (2) For any engine model for which no equipment has been certified 
by July 1, 1994 as meeting the requirements of paragraph (b)(1) of this 
section for all affected urban bus operators, (and for any model year 
1984 and 1987 engine models) for which equipment has been certified by 
July 1, 1994 as meeting the emission and cost requirements of paragraph 
(b)(2) of this section for all affected urban bus operators, the post-
rebuild particulate emission level shall equal the lowest emission level 
(greater than or equal to 0.10 g/bhp-hr) certified for any such 
equipment;
    (3) For any engine model for which no equipment has been certified 
by July 1, 1994 as meeting the emission and cost requirements of 
paragraph (b)(1) or paragraph (b)(2) of this section for all affected 
urban bus operators, the post-rebuild particulate emission level shall 
equal the pre-rebuild particulate level;
    (4) For any engine model with a pre-rebuild particulate level below 
0.10 g/

[[Page 20]]

bhp-hr, the post-rebuild particulate emission level shall equal the pre-
rebuild particulate level;
    (5) Notwithstanding paragraph (c)(1)(iii)(C)(3) of this section, if 
by July 1, 1994, no equipment has been certified for any of the engine 
models listed in the table at paragraph (c)(1)(iii)(A) of this section, 
then the post-rebuild particulate levels shall be as indicated in the 
table at paragraph (c)(1)(iii)(A) of this section.
    (C) For TLF calculations as specified in paragraph (c)(1)(iv) of 
this section, post-rebuild particulate emission levels for a specific 
engine model shall be equal to the following:
    (1) 0.10 g/bhp-hr, for any engine model (other than those indicated 
in paragraph (c)(1)(iii)(C)(4) of this section) for which equipment has 
been certified by July 1, 1996 as meeting the emission and cost 
requirements of paragraph (b)(1) of this section for all affected urban 
bus operators;
    (2) For any engine model for which no equipment has been certified 
by July 1, 1996 as meeting the requirements of paragraph (b)(1) of this 
section for all affected urban bus operators, but for which equipment 
has been certified by July 1, 1996 as meeting the emission and cost 
requirements of paragraph (b)(2) of this section for all affected urban 
bus operators, the post-rebuild particulate emission level shall equal 
the lowest emission level (greater than or equal to 0.10 g/bhp-hr) 
certified for any such equipment;
    (3) For any engine model for which no equipment has been certified 
by July 1, 1996 as meeting the requirements of either paragraph (b)(1) 
or paragraph (b)(2) of this section, the post-rebuild particulate 
emission level shall equal the pre-rebuild particulate level;
    (4) For any engine model with a pre-rebuild particulate level below 
0.10 g/bhp-hr, the post-rebuild particulate emission level shall equal 
the pre-rebuild particulate level;
    (5) Notwithstanding paragraph (c)(1)(iii)(C)(3) of this section, if 
by July 1, 1996, no equipment has been certified to meet the emission 
requirements of paragraph (b)(1) or paragraph (b)(2) of this section for 
any of the engine models listed in the table at paragraph (c)(1)(iii)(A) 
of this section, then the post-rebuild particulate levels shall be the 
pre-rebuild particulate levels specified in the table at paragraph 
(c)(1)(iii)(A) of this section.
    (D) For TLF calculations as specified in paragraph (c)(1)(iv) of 
this section, post-rebuild particulate emission levels for a specific 
engine model shall be equal to the following:
    (1) 0.10 g/bhp-hr, for any engine model (other than those indicated 
in paragraph (c)(1)(iii)(D)(4) of this section) for which equipment has 
been certified by July 1, 1998 as meeting the emission and cost 
requirements of paragraph (b)(1) of this section for all affected urban 
bus operators;
    (2) For any engine model for which no equipment has been certified 
by July 1, 1998 as meeting the requirements of paragraph (b)(1) of this 
section for all affected urban bus operators, but for which equipment 
has been certified by July 1, 1996 as meeting the emission and cost 
requirements of paragraph (b)(2) of this section for all affected urban 
bus operators, the post-rebuild particulate emission level shall equal 
the lowest emission level (greater than or equal to 0.10 g/bhp-hr) 
certified by July 1, 1998 for any such equipment;
    (3) For any engine model for which no equipment has been certified 
by July 1, 1998 as meeting the emission and cost requirements of 
paragraph (b)(1) or (b)(2) of this section, the post-rebuild particulate 
emission level shall equal the pre-rebuild particulate level;
    (4) For any engine model with a pre-rebuild particulate level below 
0.10 g/bhp-hr, the post-rebuild particulate emission level shall equal 
the pre-rebuild particulate level;
    (5) Notwithstanding paragraph (c)(1)(iii)(D)(3) of this section, if 
by July 1, 1998, no equipment has been certified to meet the emission 
requirements of paragraph (b)(1) or (b)(2) of this section for any of 
the engine models listed in the table at paragraph (c)(1)(iii)(A) of 
this section, then the post-rebuild particulate levels shall be the pre-
rebuild particulate levels specified in the table at paragraph 
(c)(1)(iii)(A) of this section; and
    (6) Notwithstanding paragraph (c)(1)(iii)(D)(3) of this section, if 
by

[[Page 21]]

July 1, 1998, equipment has been certified to meet the emissions 
requirements of paragraph (b)(1) or (b)(2) of this section for any of 
the engine models listed in the table at paragraph (c)(1)(iii)(A) of 
this section, but no equipment has been certified by July 1, 1998 to 
meet the life-cycle cost requirements of paragraph (b)(1) or (b)(2) of 
this section, then the post-rebuild particulate levels shall be as 
specified in the following table:

----------------------------------------------------------------------------------------------------------------
                                                                                                        Post-
                                                                                        Pre-rebuild   rebuild PM
                 Engine model                               Model year sold               PM level    level  (g/
                                                                                         (g/bhp-hr)    bhp-hr)
----------------------------------------------------------------------------------------------------------------
DDC 6V92TA....................................  1979-1987.............................         0.50         0.30
                                                1988-1989.............................          .30          .30
DDC 6V92TA DDECI..............................  1986-1987.............................          .30          .30
DDC 6V92TA DDECII.............................  1988-1991.............................          .31          .25
                                                1992..................................          .25          .25
                                                1993 (no trap)........................          .25          .25
                                                1993 (trap)...........................          .07          .07
DDC Series 50.................................  1993..................................          .16          .16
DDC 6V71N.....................................  1973-1987.............................          .50          .50
                                                1988-1989.............................          .50          .50
DDC 6V71T.....................................  1985-1986.............................          .50          .50
DDC 8V71N.....................................  1973-1984.............................          .50          .50
DDC 6L71TA....................................  1990..................................          .59          .59
                                                1988-1989.............................          .31          .31
DDC 6L71TA DDEC...............................  1990-1991.............................          .30          .30
Cummins L10...................................  1985-1987.............................          .65          .46
                                                1988-1989.............................          .55          .46
                                                1990-1991.............................          .46          .46
Cummins L10 EC................................  1992..................................          .25          .25
                                                1993 (trap)...........................          .05          .05
Alternatively-fueled Engines..................  Pre-1994..............................          .10          .10
Other Engines.................................  Pre-1988..............................          .50          .50
                                                1988-1993.............................        (\1\)        (\1\)
----------------------------------------------------------------------------------------------------------------
(\1\) New engine certification level.

    (iv) To determine which particulate (PM) emission level from 
paragraph (c)(1)(iii) of this section is used for a particular model 
year engine in a fleet for the TLF of a given calendar year, use the 
following table:

------------------------------------------------------------------------
                       Year for which
   Model year of        TLF is being     Particulate emission level (see
       engine            calculated        Sec.  85.1403(c)(1)(iii))
------------------------------------------------------------------------
1993...............  1996-1998........  Pre-Rebuild Level.\1\
                     1999-2001........  Post-Rebuild Level.\3\
                     2002-thereafter..  Post-Rebuild Level.\4\
1992...............  1996-1998........  Pre-Rebuild Level.\1\
                     1999-2003........  Post-Rebuild Level.\3\
                     2004-thereafter..  Post-Rebuild Level.\4\
1991...............  1996-1997........  Pre-Rebuild Level.\1\
                     1998-2002........  Post-Rebuild Level.\3\
                     2003-thereafter..  Post-Rebuild Level.\4\
1990...............  1996-1999........  Pre-Rebuild Level.\1\
                     2000-thereafter..  Post-Rebuild Level.\4\
1989...............  1996-1999........  Pre-Rebuild Level.\1\
                     2000-thereafter..  Post-Rebuild Level.\4\
1988...............  1996-1998........  Pre-Rebuild Level.\1\
                     1999-thereafter..  Post-Rebuild Level.\3\
1987...............  1996-1998........  Post-Rebuild Level.\2\
                     1999-thereafter..  Post-Rebuild Level.\3\
1986...............  1996-1997........  Pre-Rebuild Level.\1\
                     1998-thereafter..  Post-Rebuild Level.\3\
1985...............  1996.............  Pre-Rebuild Level.\1\
                     1997-thereafter..  Post-Rebuild Level.\2\
1984...............  1996-thereafter..  Post-Rebuild Level.\2\
Pre-1984...........  1996-thereafter..  Pre-Rebuild Level.\1\
------------------------------------------------------------------------
\1\ The pre-rebuild PM level established in paragraph (c)(1)(iii)(A) of
  this section.
\2\ The post-rebuild PM level established pursuant to paragraph
  (c)(1)(iii)(B) of this section.
\3\ The post-rebuild PM level established pursuant to paragraph
  (c)(1)(iii)(C) of this section.
\4\ The post-rebuild PM level established pursuant to paragraph
  (c)(1)(iii)(D) of this section.


[[Page 22]]

    (2) To determine compliance under this program, the TLF, rounded to 
two places after the decimal, shall be compared with an annual Fleet 
Level Attained (FLA) of particulate emissions calculated using the 
equation defined in paragraph (c)(2)(i) of this section, and also 
rounded to two places after the decimal. At all times during a given 
calendar year, the FLA must be at or below the TLF for the same calendar 
year in order for the fleet to be in compliance.
    (i) An urban bus operator shall calculate its Fleet Level Attained 
(FLA) using the following equation:
[GRAPHIC] [TIFF OMITTED] TN30AU93.027

Where,

MY is the model year.
MY1 is the model year of the oldest urban bus in an 
operator's fleet.
BMY is the number of urban buses of model year MY in an 
operator's fleet, excluding those urban buses older than fifteen years 
that meet a 0.10 grams per brake horsepower-hour particulate standard.
BR is the number of 1993 and earlier model year urban buses 
retired since January 1, 1995 that would have been less than 15 years 
old, as calculated by the model year of the urban bus on December 31st 
of the given calendar year, but does not include retired urban buses 
that are replaced by other 1993 and earlier model year urban buses.
WEMY is the weighted average of engine-specific particulate 
emissions for urban buses in that model year in an operator's fleet, 
excluding those urban buses older than fifteen years that meet a 0.10 
grams per brake horsepower-hour particulate standard, calculated using 
the formula in paragraph (c)(2)(ii) of this section.

    (ii) The weighted average of engine specific particulate emissions 
for urban buses of a particular model year, excluding those urban buses 
older than fifteen years that meet a 0.10 grams per brake horsepower-
hour particulate standard is calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TN30AU93.028

Where,

q is the number of different engine configurations in a given model 
year, excluding those urban buses older than fifteen years that meet a 
0.10 grams per brake horsepower-hour particulate standard.
Bq is the number of urban buses with a specific engine 
configuration.
Eq is the engine-specific particulate emission level for a 
given configuration.

    (iii) The Eq shall be defined as:
    (A) The pre-rebuild level as specified in paragraph (c)(1)(iii) of 
this section in cases where an engine has not been rebuilt after January 
1, 1995 or has been rebuilt to its original configuration; or
    (B) The particulate emission level (in grams per brake horsepower-
hour) achieved after installing emission control equipment on the urban 
bus at

[[Page 23]]

time of rebuild, where an engine has been rebuilt using emission control 
equipment after January 1, 1995. Such particulate emission levels will 
be established by the equipment certifier during equipment 
certification; or
    (C) 0.10 grams per brake horsepower-hour (0.037 grams per megajoule) 
for urban buses covered by the provisions specified in paragraph (d)(1) 
of this section; or
    (D) The particulate emission level (in grams per brake horsepower-
hour) of the upgrade engine configuration for urban buses covered by the 
provisions specified in paragraph (d)(3) of this section; or
    (E) The particulate emission level (in grams per brake horsepower-
hour) determined by applying an additional percent reduction in 
particulate emissions to the particulate levels determined in paragraphs 
(c)(2)(iii)(A) through (c)(2)(iii)(D) of this section for those urban 
buses operating on diesel-based fuels which achieve particulate 
reductions beyond federally required diesel fuel with 0.05 weight 
percent sulfur content. Such additional percent reductions will be 
determined through certification of such diesel-based fuels as specified 
in Sec. 85.1407.
    (d)(1) Operators of urban buses covered by this subpart which have 
had particulate traps installed prior to January 1, 1995, or are powered 
by an alternative fuel that significantly reduces particulate emissions 
compared to emissions from diesel fuel, may assume that such urban buses 
are operating at a PM level of 0.10 grams per brake horsepower-hour 
(0.037 grams per megajoule) for purposes of meeting the requirements set 
forth in paragraphs (b) and (c) of this section as long as such urban 
buses have engines that are properly calibrated and maintained in 
accordance with equipment manuals and instructions, and the operator has 
no reason to believe otherwise.
    (2) Any urban buses which have had particulate traps installed prior 
to January 1, 1995, or are powered by a fuel that significantly reduces 
particulate emissions compared to emissions from diesel fuel, whose 
engines have not been properly calibrated and maintained in accordance 
with equipment manuals and instructions or the operator has reason to 
believe otherwise, shall be treated as if such equipment was not 
installed for purposes of determining compliance with paragraphs (b) and 
(c) of this section.
    (3) Operators of urban buses covered by this subpart which have 
upgrade kits installed prior to January 1, 1995, may assume that such 
urban buses are operating at the PM level of the upgraded engine 
configuration for purposes of meeting the requirements set forth in 
paragraphs (b) and (c) of this section.
    (e)(1) The standard and percent emission reductions requirements set 
forth in paragraphs (b) and (c) of this section refer to exhaust emitted 
over the operating schedule set forth in paragraph (f)(2) of appendix I 
to part 86 of this chapter and measured and calculated in accordance 
with the procedures set forth in subpart N of part 86 of this chapter.
    (2) Equipment certifiers may also submit emission results from EPA-
approved alternative test procedures showing compliance with the 25 
percent reduction requirements of paragraphs (b) and (c) of this 
section. As required in Sec. 85.1414, the equipment certifier shall 
supply information on the alternative test procedure which supports the 
certifier's claims that the alternative test procedure is typical of in-
use urban bus operation.
    (f) Every operator subject to the requirements prescribed in this 
section shall keep records of all engine rebuilds and replacements 
performed on urban buses as required in Sec. 85.1404, and maintain 
evidence that their urban buses are in compliance with the requirements 
of paragraphs (b) or (c) of this section.
    (g) Operators shall affix the label provided with the equipment, 
required under Sec. 85.1411(a), to the engine being rebuilt with the 
equipment.

[58 FR 21386, Apr. 21, 1993, as amended at 63 FR 14635, Mar. 26, 1998]



Sec. 85.1404  Maintenance of records for urban bus operators; 
submittal of information; right of entry.

    (a) The operator of any urban bus for which this subpart is 
applicable shall maintain and retain the following adequately organized 
and indexed records

[[Page 24]]

beginning January 1, 1995. Each operator shall keep such records until 
the five year anniversary of a rebuild or until the engine is rebuilt 
again, whichever occurs first.
    (1) General records. The records required to be maintained under 
this paragraph shall consist of all purchase records, receipts, and part 
numbers for parts and components used in the rebuilding of urban bus 
engines.
    (2) Individual records. A brief history of each urban bus subject to 
the rebuild provisions prescribed under this section including the 
records and documentation required to be maintained under Sec. 
85.1403(f) of this subpart.
    (3) Fuel purchase records. The records required under this paragraph 
consist of all purchase records of fuels for which the operator is 
claiming additional emission reductions under Sec. 
85.1403(c)(2)(iii)(E), purchase records for fuel additives required for 
use with equipment, and purchase records for fuels, other than diesel 
fuel, which are used with dual-fueled engines.
    (b)(1) Any operator subject to the requirements under this section 
shall provide any EPA Enforcement Officer, upon presentation of 
credentials during operating hours, access to the following:
    (i) Any facility where records required to be maintained under this 
section are generated or stored.
    (ii) Any facility where engine rebuilding or replacement takes 
place.
    (2) Upon admission to any facility referred to in paragraph (b)(1) 
of this section, any EPA Enforcement Officer shall be allowed:
    (i) To inspect and make copies of records required to be maintained 
under this section.
    (ii) To inspect and photograph any urban bus and engine subject to 
the standards set forth in Sec. 85.1403 of this subpart.
    (iii) To inspect and monitor any activity related to the rebuilding 
or replacement of an engine in an urban bus for which these regulations 
are applicable as described in Sec. 85.1401 of this subpart.



Sec. 85.1405  Applicability.

    The provisions of Sec. Sec. 85.1405 through 85.1414 apply to 
retrofit/rebuild equipment which is to be installed on or used with 1993 
and earlier model year urban buses whose engines are rebuilt or replaced 
after January 1, 1995. For the purposes of Sec. Sec. 85.1405 through 
85.1414, ``equipment'' includes alternative fuels and fuel additives to 
be used with urban bus engines.



Sec. 85.1406  Certification.

    (a) Certification compliance shall be demonstrated as follows:
    (1) Test procedure and emission results. The emission test to be 
used is the heavy-duty engine Federal Test Procedure as set forth in the 
applicable portions of part 86 of this chapter or an approved 
alternative test procedure prescribed under Sec. 85.1414. Certification 
emission testing must be carried out using representative production 
equipment as provided in paragraph (b) of this section. The test results 
must demonstrate that the retrofit/rebuild equipment will comply with 
either the particulate emission requirements of Sec. Sec. 
85.1403(b)(1)(i) or 85.1403(b)(2)(i), or provide some level of 
particulate emission reduction, and will not cause the urban bus engine 
to fail to meet any applicable Federal emission requirements set for 
that engine in the applicable portions of 40 CFR part 86, provided the 
equipment is properly installed.
    (2) Emission test engine selection. (i) The test engine used must 
represent the ``worst case'' with respect to particulate emissions of 
all those engine configurations for which the retrofit/rebuild equipment 
is being certified. The worst case engine configuration shall be the 
engine configuration having the highest engine-out particulate matter 
emission levels, when properly maintained and used, prior to 
installation of the retrofit/rebuild equipment. EPA reserves the right 
to request data or information showing that the particulate emission 
reduction efficiency of the retrofit/rebuild equipment being certified 
under this paragraph, for use with more than one engine family, does not 
vary significantly among the engine families.
    (ii) The results of certification tests using the worst case engine 
selections made in this section shall be applicable for the other engine 
configurations for

[[Page 25]]

which the retrofit/rebuild equipment is designed.
    (iii) The worst case test engine selected for certification emission 
testing is not required to meet Federal emission standards before the 
retrofit/rebuild equipment is installed. However, each test engine shall 
have representative emissions performance that is close to the standards 
and have no obvious or suspected emission defects. Each test engine 
shall be tuned properly and set to the engine manufacturer's 
specifications before testing is performed. Any excessively worn or 
malfunctioning emission related part shall be repaired or replaced with 
a new part prior to testing.
    (iv) To demonstrate compliance with the particulate emission 
requirements of Sec. 85.1403(b)(1)(i), the test engine used may be a 
new unused engine, an in-use engine that has been rebuilt previously, or 
an in-use engine that has not been rebuilt previously.
    (v) (A) To demonstrate compliance with the particulate emission 
requirements of Sec. 85.1403(b)(2)(i) on engines for which particulate 
certification data exists, the test engine used may be a new unused 
engine, an in-use engine that has been rebuilt previously, or an in-use 
engine that has not been rebuilt previously.
    (B) To demonstrate compliance with the particulate emission 
requirements of Sec. 85.1403(b)(2)(i) on engines for which no 
particulate certification data exists, the test engine used may be a new 
unused engine, or an in-use engine that is newly rebuilt to its original 
configuration.
    (b) Diesel test fuel. Federally required low sulfur diesel fuel 
(with a sulfur content of 0.05 weight percent) shall be used for all new 
emissions testing required to be performed for certification of 
retrofit/rebuild equipment for diesel-fueled urban bus engines.
    (c) Test equipment selection. Certification shall be based upon 
tests utilizing representative production equipment selected in a random 
manner.
    (d) Replacing original equipment parts. Installation of any 
certified retrofit/rebuild equipment shall not result in the permanent 
removal or rendering inoperative of any original equipment emission 
related part other than the part(s) being replaced. Furthermore, 
installation of any certified retrofit/rebuild equipment shall not cause 
or contribute to an unreasonable risk to the public health, welfare or 
safety, or result in any additional range of parameter adjustability or 
accessibility to adjustment than that of the vehicle manufacturer's 
emission related part.
    (e) Affects on engine on-board diagnostic system. Installation of 
any certified retrofit/rebuild equipment shall not alter or render 
inoperative any feature of the on-board diagnostic system incorporated 
by the engine manufacturer. The certified equipment may integrate with 
the existing diagnostic system if it does not alter or render 
inoperative any features of the system.
    (f) In-use enforcement. (1) As a condition of certification, the 
equipment certifier agrees to notify operators who have installed this 
equipment and repair the equipment without cost to the operator when the 
Agency determines that a substantial number of the equipment kits, when 
properly maintained and used, and in actual use throughout the in-use 
compliance period, do not meet emission requirements.
    (2) If the equipment certifier disagrees with such determination of 
nonconformity and so advises the MOD Director, the MOD Director shall 
afford the equipment certifier and other interested persons an 
opportunity to present their views and evidence in support thereof at a 
public hearing conducted in accordance with procedures found in Sec. 
85.1807. For purposes of this section, substitute the word ``equipment'' 
in place of the phrase ``motor vehicles and engines.''



Sec. 85.1407  Notification of intent to certify.

    (a) Prior to the sale of any certified retrofit/rebuild equipment, 
notification of the intent to certify must be approved by the MOD 
Director.
    (1) All notifications shall include:
    (i) Identification of the candidate retrofit/rebuild equipment to be 
certified, including a list of parts and part numbers;
    (ii) Identification of all engine configurations for which the 
equipment is being certified including make(s), engine model(s), model 
year(s), engine

[[Page 26]]

size(s) and all other specific configuration characteristics necessary 
to assure that the equipment will not be installed in any configuration 
for which it has not been certified;
    (iii) All results and documentation of tests and procedures used by 
the equipment certifier as evidence of compliance with the emission 
requirements specified in Sec. 85.1406;
    (iv) A description of the test equipment selection criteria used, 
and a statement that the test equipment used for certification testing 
is representative production equipment consistent with Sec. 85.1406(c);
    (v) A description of the test engine selection criteria used, and 
rationale that supports the technical judgment of the equipment 
certifier that the engine configuration used for certification testing 
represents worst case with respect to particulate matter emissions of 
all those configurations for which the retrofit/rebuild equipment is 
being certified, and all data that supports that conclusion;
    (vi) A copy of the written instructions for proper maintenance and 
use of the equipment, including instructions as to whether the engine 
must be rebuilt to its original configuration before installing the 
equipment;
    (vii) The scheduled maintenance required for the equipment over the 
in-use compliance period, including service intervals of the retrofit/
rebuild equipment which detail the maintenance and replacement intervals 
in months and/or miles, as applicable;
    (viii) A copy of the warranty language to be provided to the 
operator pursuant to both Sec. Sec. 85.1409(a) and 85.1409(b);
    (ix) A statement of commitment and willingness to comply with all 
the relevant terms and conditions of this subpart;
    (x) A statement by the equipment certifier that use of its certified 
equipment will not cause a substantial increase to urban bus engine 
emissions in any normal driving mode not represented during 
certification testing; and
    (xi) The office or officer of the equipment certifier authorized to 
receive correspondence regarding certification requirements pursuant to 
this subpart.
    (2) If an equipment certifier wishes to certify equipment for use 
under Sec. 85.1403(b) for all affected urban bus operators as specified 
in Sec. 85.1401, the notification shall also contain all data and 
documentation used by the equipment certifier as evidence of compliance 
with the life cycle cost requirements specified in Sec. Sec. 
85.1403(b)(1)(ii) or 85.1403(b)(2)(ii); including:
    (i) The price to be charged to an urban bus operator for the 
equipment, excluding shipping and handling costs and taxes;
    (ii) A detailed breakout of the total number of hours necessary to 
install the equipment, and the number of hours necessary to install the 
equipment, incremental to a standard rebuild;
    (iii) For equipment not requiring a change from on road diesel fuel, 
the percent change in fuel economy for an urban bus engine retrofitted 
with the equipment compared to the original engine based on testing 
performed over the heavy-duty engine Federal test procedure or an 
approved alternative test procedure prescribed under Sec. 85.1414, 
including all test data supporting the reported change in fuel economy;
    (iv) For alternatively-fueled equipment, the fuel economy of the 
retrofitted engine based on testing performed over an approved test 
procedure prescribed under Sec. 85.1414, including all test data 
supporting the reported fuel economy, and the unit price of the 
alternative fuel that will be charged to all affected urban bus 
operators;
    (v) For equipment requiring a fuel additive, the amount of fuel 
additive required per gallon of fuel and the unit price of the fuel 
additive that will be charged to all affected urban bus operators; and
    (vi) A list of the scheduled maintenance for an engine with the 
retrofit, and a detailed breakdown of the cost of the parts necessary to 
perform scheduled maintenance, incremental to the cost of the parts 
necessary for maintenance typically performed on an engine without the 
equipment.
    (3) If an equipment certifier wishes to certify equipment for use 
under Sec. 85.1403(b), but not for use by all affected urban bus 
operators as specified

[[Page 27]]

in Sec. 85.1401, the notification shall, in addition to the data and 
documentation specified in paragraph (a)(1) of this section, also 
contain data and documentation that demonstrate compliance with the life 
cycle cost requirements specified in Sec. 85.1403(b)(1)(ii) or Sec. 
85.1403(b)(2)(ii) including:
    (i) A detailed breakout of the total number of hours necessary to 
install the equipment, and the number of hours necessary to install the 
equipment, incremental to a standard rebuild;
    (ii) The percent change in fuel economy for an urban bus engine 
retrofitted with the equipment compared to the original engine based on 
testing performed over the heavy-duty engine Federal test procedure or 
an approved alternative test procedure prescribed under Sec. 85.1414, 
including all test data supporting the reported change in fuel economy;
    (iii) A list of the scheduled maintenance for an engine with the 
retrofit, and a detailed breakdown of the cost of the scheduled 
maintenance, incremental to the cost of maintenance typically performed 
on an engine without the equipment;
    (iv) For alternatively-fueled equipment, the fuel economy of the 
retrofitted engine based on testing performed over an approved test 
procedure prescribed under Sec. 85.1414, including all test data 
supporting the reported fuel economy;
    (v) For equipment requiring a fuel additive, the amount of fuel 
additive required per gallon of fuel; and
    (vi) A description of the type of urban bus operator to which the 
equipment certifier expects to sell the equipment for less than the life 
cycle cost requirements specified in Sec. 85.1403(b)(1)(ii) or Sec. 
85.1403(b)(2)(ii).
    (4) The notification shall be signed by an officer of the equipment 
certifier attesting to the accuracy and completeness of the information 
supplied in the notification.
    (5) Notification to the Agency shall be by certified mail or another 
method by which date of receipt can be established.
    (6) Two complete and identical copies of the notification and any 
subsequent industry comments on any such notification shall be submitted 
by the equipment certifier to: MOD Director, MOD (6405J), Attention: 
Retrofit/Rebuild Equipment, 401 ``M'' Street SW., Washington, DC 20460.
    (7) A copy of the notification submitted under paragraph (a)(6) of 
this section will be placed in a public docket and a summary will be 
published in the Federal Register. Any party interested in the outcome 
of the decision as to whether retrofit/rebuild equipment may be 
certified, may submit comments to the MOD Director on any notice in the 
public docket for 45 days after the summary of the notification of 
intent to certify has been published in the Federal Register.
    (b)(1) For an urban bus operator to take credit for additional 
particulate emission reductions for use of a clean diesel fuel under 
Sec. 85.1403(c)(2)(iii)(E), the following information must be submitted 
to the Agency:
    (i) The additional percent reduction in particulate emissions for 
engines operated on the clean diesel fuel.
    (A) The additional percent reduction in particulate emissions shall 
be calculated based on the results of emission tests performed on urban 
bus engines using federally required low sulfur fuel and the fuel for 
which the certifier is demonstrating addition emission reductions.
    (B) The additional percent reduction in particulate emissions shall 
be calculated based on the following equation:

[[Page 28]]

[GRAPHIC] [TIFF OMITTED] TN30AU93.029

    (ii) The emission testing results for hydrocarbons, carbon monoxide, 
and oxides of nitrogen. The results must show that use of the clean 
diesel fuel does not lead to increases in any of these emissions.
    (2) Emission test results must be submitted for all of the engine 
models for which an urban bus operator wishes to claim additional 
particulate emission reductions.
    (3) Emissions test results shall be measured over the heavy-duty 
engine Federal test procedure or an approved alternative test procedure 
prescribed under Sec. 85.1414.
    (c) The MOD Director reserves the right to review an application to 
determine if the submitted documents adequately meet all the 
requirements for certification specified in Sec. Sec. 85.1406 and 
85.1407. The MOD Director shall determine and will publish in the 
Federal Register the effective date of certification of the candidate 
equipment. Equipment may be sold as certified after the effective date 
of certification.

    Effective Date Note: Information collection requirements in Sec. 
85.1407 have not been approved by the Office of Management and Budget 
(OMB) and are not effective until OMB has approved them.



Sec. 85.1408  Objections to certification.

    (a) At any time prior to certification, the MOD Director may notify 
the equipment certifier that such equipment shall not be certified 
pending further investigation. The basis upon which this notification 
shall be made may include, but not be limited to, information or test 
results submitted by the equipment certifier, or public comments 
submitted on the equipment which indicate:
    (1) The test procedure used to demonstrate compliance with the 
particulate matter emission standard or percent reduction of Sec. 
85.1403 was not in compliance with the heavy-duty engine Federal Test 
Procedure of 40 CFR part 86 or an alternative test procedure approved by 
the Agency under Sec. 85.1414; or
    (2) Use of the candidate equipment may cause an urban bus engine to 
exceed any applicable emission requirements; or
    (3) Use of the candidate equipment could cause or contribute to an 
unreasonable risk to public health, welfare or safety in its operation 
or function; or
    (4) Installation of the candidate equipment requires procedures or 
materials which would likely cause such equipment to be improperly 
installed under normal conditions or would likely result in an urban bus 
engine being misadjusted; or
    (5) Information and/or data required to be in the notification of 
intent to certify as provided by Sec. 85.1407 have not been provided or 
may be inadequate; or
    (6) The life cycle cost estimates provided by the equipment 
certifier do not accurately reflect the true life cycle costs for the 
candidate equipment.
    (b) The equipment certifier must respond in writing to the 
statements made in the notification by the MOD Director, or the MOD 
Director shall withdraw the equipment certifier's notification of intent 
to certify. A copy of the certifier's response will be placed in the 
public docket.
    (1) Any party interested in the outcome of a decision as to whether 
retrofit/rebuild equipment may be certified may provide the MOD Director 
with any relevant written information

[[Page 29]]

up to ten days after the certifier responds to the MOD Director's 
objection.
    (2) Any interested party may request additional time to respond to 
the information submitted by the equipment certifier. The MOD Director 
upon a showing of good cause by the interested party may grant an 
extension of time to reply up to 30 days.
    (3) The equipment certifier may reply to information submitted by 
interested parties. Notification of intent to reply shall be submitted 
to the MOD Director within 10 days of the date information from 
interested parties is submitted to the MOD Director.
    (4) The MOD Director may, at his or her discretion, allow oral 
presentations by the equipment certifier or any interested party in 
connection with contested equipment certification.
    (c) If notification has been provided to an equipment certifier 
pursuant to paragraph (a) of this section, the MOD Director shall, after 
reviewing all pertinent data and information, render a decision and 
inform the equipment certifier in writing as to whether such equipment 
may be certified and, if so, under what conditions the equipment may be 
certified. The written decision shall include an explanation of the 
reasons therefor.
    (1) The decision by the MOD Director shall be provided to the 
certifier after receipt of all necessary information by the certifier or 
interested parties, or of the date of any oral presentation regarding 
the certification, whichever occurs second.
    (2) A copy of the decision shall be sent to all interested parties 
identified in paragraphs (b)(3) and (b)(4) of this section.
    (3) Within 20 days of receipt of a decision made pursuant to 
paragraph (c) of this section, any party may file a written appeal to 
the Office Director. The Office Director may, in his or her discretion, 
allow additional oral or written submissions, prior to rendering a final 
decision. The schedule for such submission shall be in accordance with 
the schedule specified in Sec. 85.1408(b).
    (4) If no party files an appeal with the Office Director within 20 
days, then the decision of the MOD Director shall be final.
    (5) The Office Director shall make a final decision regarding the 
certification of equipment after receipt of all necessary information by 
the equipment certifier or from the date of any oral presentation, 
whichever occurs later.
    (6) A copy of all final decisions made under this section shall be 
published in the Federal Register.



Sec. 85.1409  Warranty.

    (a) As a condition of certification, the retrofit/rebuild equipment 
certifier shall warrant that if the certified equipment is properly 
installed and maintained as stated in the written instructions for 
proper maintenance and use, the equipment will not cause an urban bus 
engine to exceed the emission requirements of this subpart and the 
emission standards set forth in 40 CFR part 86. This retrofit/rebuild 
equipment warranty shall extend for a period of 150,000 miles from when 
the equipment is installed.
    (b) As a condition of certification, the retrofit/rebuild equipment 
certifier shall provide an emissions defect warranty that if the 
certified equipment is properly installed and maintained as stated in 
the written instructions for proper maintenance and use, the equipment 
certifier will replace all defective parts, free of charge. This 
emissions defect warranty shall extend for a period of 100,000 miles 
from when the equipment is installed.



Sec. 85.1410  Changes after certification.

    The equipment certifier shall recertify any retrofit/rebuild 
equipment which was certified pursuant to Sec. 85.1406 and to which 
modifications are made affect emissions or the capability of the 
equipment to meet any other requirement of this subpart.



Sec. 85.1411  Labeling requirements.

    (a) All retrofit/rebuild equipment certified pursuant to this 
subpart shall contain a label that shall be affixed to the rebuilt 
engine which states, ``Certified to EPA Urban Bus Engine Rebuild 
Standards,'' the model and serial number of the equipment, the 
particulate emissions certification level of the

[[Page 30]]

equipment, and the name of the equipment certifier or other party 
designated to determine the validity of warranty claims. The label 
containing the information must be made durable and readable for at 
least the in-use compliance period of the equipment.
    (b) The package in which the certified retrofit/rebuild equipment is 
contained, or an insert as described in paragraph (c) of this section, 
must have the following information conspicuously placed thereon:
    (1) The statement ``Certified by (name of certifier or warranter) to 
EPA Urban Bus Engine Rebuild Emission Standards''; and
    (2) A list of the vehicles or engines (in accordance with Sec. 
85.1407(a)(1)(ii)) for which the equipment is certified, unless such 
information is provided as specified in paragraph (d) of this section.
    (c) The package in which the certified retrofit/rebuild equipment is 
contained must include the following information provided on a written 
insert:
    (1) A list of the vehicles or engines (in accordance with Sec. 
85.1407(a)(1)(ii)) for which the equipment is certified, unless such 
information is provided as specified in paragraph (d) of this section;
    (2) A list of all of the parts and identification numbers for the 
parts included in the package;
    (3) The instructions for proper installation of the equipment;
    (4) A statement of the maintenance or replacement interval for which 
the retrofit/rebuild equipment is certified; and
    (5) A description of the maintenance necessary to be performed on 
the retrofit/rebuild equipment in the proper maintenance and use of the 
equipment.
    (d) The information required by paragraphs (b)(2) and (c)(1) of this 
section may be provided in a catalog rather than on the package or on an 
insert, provided that access to the catalog is readily available to 
purchasers and installers of the equipment.
    (e) When an equipment certifier desires to certify existing in-
service stocks of its products, it may do so provided:
    (1) The equipment does not differ in any operational or durability 
characteristic from the equipment specified in the notification made 
pursuant to Sec. 85.1407; and
    (2) An information sheet is made available to all parties selling 
the equipment.
    (i) The information sheet shall be provided with all equipment sold 
as certified; and
    (ii) The information sheet shall contain all of the information 
specified in paragraph (b) of this section.

    Effective Date Note: Information collection requirements in Sec. 
85.1411 have not been approved by the Office of Management and Budget 
(OMB) and are not effective until OMB has approved them.



Sec. 85.1412  Maintenance and submittal of records for equipment 
certifiers.

    (a) For each certified retrofit/rebuild equipment, the equipment 
certifier must establish, maintain and retain for 5 years from the date 
of certification the following adequately organized and indexed records:
    (1) Detailed production drawings showing all dimensions, tolerances, 
performance requirements and material specifications and any other 
information necessary to completely describe the equipment;
    (2) All data obtained during testing of the equipment and subsequent 
analyses based on that data, including the mileage and the vehicle or 
engine configuration determinants;
    (3) All information used in determining those vehicles or engine for 
which the equipment is represented as being equivalent from an emissions 
standpoint to the original equipment being replaced;
    (4) A description of the quality control plan used to monitor 
production and assure compliance of the equipment with the applicable 
certification requirements;
    (5) All data taken in implementing the quality control plan, and any 
subsequent analyses of that data; and
    (6) All in-service data, analyses performed by the equipment 
certifier and correspondence with vendors, distributors, consumers, 
retail outlets or engine manufacturers regarding any design, production 
or in-service problems associated with 25 or more pieces of any 
certified equipment.

[[Page 31]]

    (b) The records required to be maintained in paragraph (a) of this 
section shall be made available to the Agency upon the written request 
of the MOD Director.
    (c) If the equipment certifier is selling equipment that is not 
certified as available to all affected urban bus operators under Sec. 
85.1403(b) and Sec. 85.1407, then the equipment certifier shall submit 
to EPA, at the time an offer is made, a copy of all offers made to 
affected urban bus operators for which the equipment certifier has 
offered to sell its certified equipment for less than the life cycle 
cost limits specified in Sec. 85.1403(b)(1)(iii) or Sec. 
85.1403(b)(2)(iii). The equipment certifier may assert that some of the 
information is entitled to confidential treatment as provided in Sec. 
85.1414.

    Effective Date Note: Information collection requirements in Sec. 
85.1412 have not been approved by the Office of Management and Budget 
(OMB) and are not effective until OMB has approved them.



Sec. 85.1413  Decertification.

    (a) The MOD Director may notify an equipment certifier that the 
Agency has made a preliminary determination that certain retrofit/
rebuild equipment should be decertified.
    (1) Such a preliminary determination may be made if there is reason 
to believe that the equipment manufactured has failed to comply with 
Sec. Sec. 85.1405 through 85.1414. Information upon which such a 
determination will be made includes but is not limited to the following:
    (i) The equipment was certified on the basis of emission tests, and 
the procedures used in such tests were not in substantial compliance 
with a portion or portions of the heavy-duty engine Federal Test 
Procedure contained in 40 CFR part 86 or an alternative test prescribed 
under 40 CFR 85.1414; or
    (ii) Use of the certified equipment is causing urban bus engine 
emissions to exceed emission requirements for any regulated pollutant; 
or
    (iii) Use of the certified equipment causes or contributes to an 
unreasonable risk to public health, welfare or safety or severely 
degrades driveability operation or function; or
    (iv) The equipment has been modified in a manner requiring 
recertification pursuant to Sec. 85.1410; or
    (v) The certifier of such equipment has not established, maintained 
or retained the records required pursuant to Sec. 85.1412 or fails to 
make the records available to the MOD Director upon written request 
pursuant to Sec. 85.1412; or
    (vi) The life cycle cost of the equipment exceeds the limits 
specified in Sec. 85.1403(b)(1)(iii) or Sec. 85.1403(b)(2)(iii).
    (2) Notice of a preliminary determination to decertify shall 
contain:
    (i) A description of the noncomplying equipment;
    (ii) The basis for the MOD Director's preliminary decision; and
    (iii) The date by which the certifier must:
    (A) Terminate the sale of the equipment as certified equipment; or
    (B) Make the necessary change (if so recommended by the Agency); or
    (C) Request an opportunity in writing to dispute the allegations of 
the preliminary decertification.
    (b) If the equipment certifier requests an opportunity to respond to 
the preliminary determination, the certifier and other parties 
interested in the MOD Director's decision whether to decertify the 
equipment shall, within 15 days of the date of the request, submit 
written presentations, including the relevant information and data, to 
the MOD Director. The MOD Director, in his or her discretion, may 
provide an opportunity for oral presentations.
    (1) Any interested party may request additional time to respond to 
the information submitted by the equipment certifier. The MOD Director 
upon a showing of good cause by the interested party may grant an 
extension of time to reply up to 30 days.
    (2) The equipment certifier may have an extension of up to 30 days 
to reply to information submitted by interested parties. Notification of 
intent to reply shall be submitted to the MOD Director within 10 days of 
the date information from interested parties is submitted to the MOD 
Director.
    (c) If an equipment certifier has disputed the allegations of the 
preliminary decisions, the MOD Director shall,

[[Page 32]]

after reviewing any additional information, notify the equipment 
certifier of his or her decision whether the equipment may continue to 
be sold as certified. This notification shall include an explanation 
upon which the decision was made and the effective date for 
decertification, where appropriate.
    (d) Within 20 days from the date of a decision made pursuant to 
paragraph (c) of this section, any adversely affected party may appeal 
the decision to the Office Director.
    (1) A petition for appeal to the Office Director must state all of 
the reasons why the decision of the MOD Director should be reversed.
    (2) The Office Director may, in his or her discretion, allow 
additional oral or written testimony.
    (3) If no appeal is filed with the Office Director within the 
permitted time period, the decision of the MOD Director shall be final.
    (e) If a final decision is made to decertify equipment under 
paragraph (d) of this section, the certifier of such equipment shall 
notify his immediate customers that, as of the date of the final 
determination, the equipment in question has been decertified. The 
equipment certifier shall offer to replace decertified equipment in the 
customer's inventory with certified replacement equipment or, if unable 
to do so, shall at the customer's request repurchase such inventory at a 
reasonable price. The immediate customers must stop selling the 
equipment once the certifier has notified the customer that the 
equipment has been decertified.
    (f) Notwithstanding the requirements of paragraph (e) of this 
section, equipment purchased by an urban bus operator prior to 
decertification, shall be considered certified pursuant to this subpart.



Sec. 85.1414  Alternative test procedures.

    As a part of the certification process, as set forth in Sec. 
85.1406, a certifier may request that the Agency approve an alternative 
test procedure, other than the heavy-duty engine Federal test procedure, 
to show compliance with the 25 percent reduction in particulate matter 
emissions as noted in Sec. 85.1403(b)(2)(i). The alternative test may 
be a chassis-based test, but the alternative test shall be 
representative of in-use urban bus operation. The requestor shall supply 
relevant technical support to substantiate its claim of 
representativeness. Upon an acceptable showing that an alternative test 
is representative of in-use urban bus operation, the Agency shall 
determine whether to set such alternative test procedures through 
rulemaking. The provisions of the certification process apply to such a 
request for alternative procedures.

    Effective Date Note: Information collection requirements in Sec. 
85.1414 have not been approved by the Office of Management and Budget 
(OMB) and are not effective until OMB has approved them.



Sec. 85.1415  Treatment of confidential information.

    (a) Any certifier may assert that some or all of the information 
submitted pursuant to this subpart is entitled to confidential treatment 
as provided by 40 CFR part 2, subpart B.
    (b) Any claim of confidentiality must accompany the information at 
the time it is submitted to the Agency.
    (c) To assert that information submitted pursuant to this subpart is 
confidential, a certifier must indicate clearly the items of information 
claimed confidential by marking, circling, bracketing, stamping, or 
otherwise specifying the confidential information. In addition to the 
complete and identical copies submitted pursuant to Sec. 85.1407(a)(6), 
the submitter shall also provide two identical copies of its submittal 
from which all confidential information shall be deleted. If a need 
arises to publicly release nonconfidential information, the Agency will 
assume that the submitter has accurately deleted all confidential 
information from this second copy.
    (d) If a claim is made that some or all of the information submitted 
pursuant to this subpart is entitled to confidential treatment, the 
information covered by that confidentiality claim will be disclosed by 
the Administrator only to the extent and by means of the procedures set 
forth in 40 CFR part 2, subpart B.

[[Page 33]]

    (e) Information provided without a claim of confidentiality at the 
time of submission may be made available to the public by the Agency 
without further notice to the submitter, in accordance with 40 CFR 
2.204(c)(2)(i)(A).



    Subpart P_Importation of Motor Vehicles and Motor Vehicle Engines

    Authority: 42 U.S.C. 7522, 7525, 7541, 7542(a) and 7601(a).

    Source: 52 FR 36156, Sept. 25, 1987, unless otherwise noted.



Sec. 85.1501  Applicability.

    (a) Except where otherwise indicated, this subpart is applicable to 
motor vehicles and motor vehicle engines which are offered for 
importation or imported into the United States and for which the 
Administrator has promulgated regulations under part 86 prescribing 
emission standards but which are not covered by certificates of 
conformity issued under section 206(a) of the Clean Air Act (i.e., which 
are nonconforming vehicles as defined below), as amended, and part 86 at 
the time of conditional importation. Compliance with regulations under 
this subpart shall not relieve any person or entity from compliance with 
other applicable provisions of the Clean Air Act.
    (b) Regulations prescribing further procedures for importation of 
motor vehicles and motor vehicle engines into the Customs territory of 
the United States, as defined in 19 U.S.C. 1202, are set forth at 19 CFR 
12.73.
    (c) References in this subpart to engine families and emission 
control systems shall be deemed to apply to durability groups and test 
groups as applicable for manufacturers certifying new light-duty 
vehicles, light-duty trucks, and Otto-cycle complete heavy-duty vehicles 
under the provisions of 40 CFR part 86, subpart S.

[52 FR 36156, Sept. 25, 1987, as amended at 64 FR 23919, May 4, 1999; 65 
FR 59943, Oct. 6, 2000]



Sec. 85.1502  Definitions.

    (a) As used in this subpart, all terms not defined herein have the 
meanings given them in 19 CFR 12.73, in the Clean Air Act, as amended, 
and elsewhere in parts 85 and 86 of this chapter.
    (1) Act. The Clean Air Act, as amended (42 U.S.C. 7401 et seq.).
    (2) Administrator. The Administrator of the Environmental Protection 
Agency.
    (3) Certificate of conformity. The document issued by the 
Administrator under section 206(a) of the Act.
    (4) Certificate holder. The entity in whose name the certificate of 
conformity for a class of motor vehicles or motor vehicle engines has 
been issued.
    (5) The Federal Compliance Testing sequence (FCT). The testing 
sequence that incorporates all of the testing requirements of part 86 
applicable at the time of an emissions test conducted pursuant to this 
subpart.
    (6) FTP. The Federal Test Procedure at part 86.
    (7) Independent commercial importer (ICI). An importer who is not an 
original equipment manufacturer (OEM) (see definition below) or does not 
have a contractual agreement with an OEM to act as its authorized 
representative for the distribution of motor vehicles or motor vehicle 
engines in the U.S. market.
    (8) Model year. The manufacturer's annual production period (as 
determined by the Administrator) which includes January 1 of such 
calendar year; Provided, That if the manufacturer has no annual 
production period, the term ``model year'' shall mean the calendar year 
in which a vehicle is modified. A certificate holder shall be deemed to 
have produced a vehicle or engine when the certificate holder has 
modified the nonconforming vehicle or engine.
    (9) Nonconforming vehicle or engine. A motor vehicle or motor 
vehicle engine which is not covered by a certificate of conformity prior 
to final or conditional importation and which has not been finally 
admitted into the United States under the provisions of Sec. 85.1505, 
Sec. 85.1509 or the applicable provisions of Sec. 85.1512. Excluded 
from this definition are vehicles admitted under provisions of Sec. 
85.1512 covering EPA approved manufacturer and U.S. Government Agency 
catalyst and O2 sensor control programs.
    (10) Original equipment manufacturer (OEM). The entity which 
originally

[[Page 34]]

manufactured the motor vehicle or motor vehicle engine prior to 
conditional importation.
    (11) Original production (OP) year. The calendar year in which the 
motor vehicle or motor vehicle engine was originally produced by the 
OEM.
    (12) Original production (OP) years old. The age of a vehicle as 
determined by subtracting the original production year of the vehicle 
from the calendar year of importation.
    (13) Running changes. Those changes in vehicle or engine 
configuration, equipment or calibration which are made by an OEM or ICI 
in the course of motor vehicle or motor vehicle engine production.
    (14) United States. United States includes the States, the District 
of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the 
Northern Mariana Islands, Guam, American Samoa, and the U.S. Virgin 
Islands.
    (15) Useful life. A period of time/mileage as specified in part 86 
for a nonconforming vehicle which begins at the time of resale (for a 
motor vehicle or motor vehicle engine owned by the ICI at the time of 
importation) or release to the owner (for a motor vehicle or motor 
vehicle engine not owned by the ICI at the time of importation) of the 
motor vehicle or motor vehicle engine by the ICI after modification and/
or test pursuant to Sec. 85.1505 or Sec. 85.1509.
    (16) Working day. Any day on which Federal government offices are 
open for normal business. Saturdays, Sundays, and official Federal 
holidays are not working days.
    (b) [Reserved]

[52 FR 36156, Sept. 25, 1987, as amended at 61 FR 5842, Feb. 14, 1996; 
70 FR 40430, July 13, 2005]



Sec. 85.1503  General requirements for importation of nonconforming 
vehicles and engines.

    (a) A nonconforming vehicle or engine offered for importation into 
the United States must be imported by an ICI who is a current holder of 
a valid certificate of conformity unless an exemption or exclusion is 
granted by the Administrator under Sec. 85.1511 of this subpart or the 
vehicle is eligible for entry under Sec. 85.1512.
    (b) Final admission shall not be granted unless:
    (1) The vehicle or engine is covered by a certificate of conformity 
issued in the name of the importer under part 86 and the certificate 
holder has complied with all requirements of Sec. 85.1505; or
    (2) The vehicle or engine is modified and emissions tested in 
accordance with the provisions of Sec. 85.1509 and the certificate 
holder has complied with all other requirements of Sec. 85.1509; or
    (3) The vehicle or engine is exempted or excluded under Sec. 
85.1511; or
    (4) The vehicle was covered originally by a certificate of 
conformity and is otherwise eligible for entry under Sec. 85.1512.
    (c) In any one certificate year (e.g., the current model year), an 
ICI may finally admit no more than the following numbers of 
nonconforming vehicles or engines into the United States under the 
provisions of Sec. 85.1505 and Sec. 85.1509, except as allowed by 
paragraph (e) of this section:
    (1) 5 heavy-duty engines.
    (2) A total of 50 light-duty vehicles, light-duty trucks, and 
medium-duty passenger vehicles.
    (3) 50 highway motorcycles.
    (d) For ICIs owned by a parent company, the importation limits in 
paragraph (c) of this section include importation by the parent company 
and all its subsidiaries.
    (e) An ICI may exceed the limits outlined paragraphs (c) and (d) of 
this section, provided that any vehicles/engines in excess of the limits 
meet the emission standards and other requirements outlined in the 
provisions of Sec. 85.1515 for the model year in which the motor 
vehicle/engine is modified (instead of the emission standards and other 
requirements applicable for the OP year of the vehicle/engine).

[52 FR 36156, Sept. 25, 1987, as amended at 70 FR 40430, July 13, 2005]



Sec. 85.1504  Conditional admission.

    (a) A motor vehicle or motor vehicle engine offered for importation 
under Sec. 85.1505, Sec. 85.1509 or Sec. 85.1512 may be conditionally 
admitted into the United States, but shall be refused final admission 
unless:
    (1) At the time of conditional admission, the importer has submitted 
to the

[[Page 35]]

Administrator a written report that the subject vehicle or engine has 
been permitted conditional admission pending EPA approval of its 
application for final admission under Sec. 85.1505, Sec. 85.1509, or 
Sec. 85.1512. This written report shall contain the following:
    (i) Identification of the importer of the vehicle or engine and the 
importer's address and telephone number;
    (ii) Identification of the vehicle or engine owner and the vehicle 
or engine owner's address, telephone number and taxpayer identification 
number;
    (iii) Identification of the vehicle or engine;
    (iv) Information indicating under what provision of these 
regulations the vehicle or engine is to be imported;
    (v) Identification of the place where the subject vehicle or engine 
will be stored until EPA approval of the importer's application to the 
Administrator for final admission;
    (vi) Authorization for EPA Enforcement Officers to conduct 
inspections or testing otherwise permitted by the Act or regulations 
thereunder;
    (vii) Identification, where applicable, of the certificate by means 
of which the vehicle is being imported;
    (viii) The original production year of the vehicle; and
    (ix) Such other information as is deemed necessary by the 
Administrator.
    (b) Such conditional admission shall not be under bond for a vehicle 
or engine which is imported under Sec. 85.1505 or Sec. 85.1509. A bond 
will be required for a vehicle or engine imported under applicable 
provisions of Sec. 85.1512. The period of conditional admission shall 
not exceed 120 days. During this period, the importer shall store the 
vehicle or engine at a location where the Administrator will have 
reasonable access to the vehicle or engine for his/her inspection.



Sec. 85.1505  Final admission of certified vehicles.

    (a) A motor vehicle or engine may be finally admitted into the 
United States upon approval of the certificate holder's application to 
the Administrator. Such application shall be made either by completing 
EPA forms or by submitting the data electronically to EPA's computer, in 
accordance with EPA instructions. Such application shall contain:
    (1) The information required in Sec. 85.1504(a);
    (2) Information demonstrating that the vehicle or engine has been 
modified in accordance with a valid certificate of conformity. Such 
demonstration shall be made in one of the following ways:
    (i) Through an attestation by the certificate holder that the 
vehicle or engine has been modified in accordance with the provisions of 
the certificate holder's certificate, and presentation to EPA of a 
statement by the appropriate OEM that the OEM will provide to the 
certificate holder and to EPA information concerning running changes to 
the vehicle or engine described in the certificate holder's application 
for certification, and actual receipt by EPA of notification by the 
certificate holder of any running changes already implemented by the OEM 
at the time of application and their effect on emissions; or
    (ii) Through an attestation by the certificate holder that the 
vehicle or engine has been modified in accordance with the provisions of 
the certificate holder's certificate of conformity and that the 
certificate holder has conducted an FTP test, at a laboratory within the 
United States, that demonstrates compliance with Federal emission 
requirements on every third vehicle or third engine imported under that 
certificate within 120 days of entry, with sequencing of the tests to be 
determined by the date of importation of each vehicle or engine. Should 
the certificate holder have exceeded a threshold of 300 vehicles or 
engines imported under the certificate without adjustments or other 
changes in accordance with paragraph (a)(3) of this section, the amount 
of required FTP testing may be reduced to every fifth vehicle or engine. 
In order to make a demonstration under paragraph (a)(2)(i) of this 
section, a certificate holder must have received permission from the 
Administrator to do so;
    (3) The results of every FTP test which the certificate holder 
conducted on the vehicle or engine. Should a subject vehicle or engine 
have failed an

[[Page 36]]

FTP at any time, the following procedures are applicable:
    (i) The certificate holder may either:
    (A) Conduct one FTP retest that involves no adjustment of the 
vehicle or engine from the previous test (e.g., adjusting the RPM, 
timing, air-to-fuel ratio, etc.) other than adjustments to adjustable 
parameters that, upon inspection, were found to be out of tolerance. 
When such an allowable adjustment is made, the parameter may be reset 
only to the specified (i.e., nominal) value (and not any other value 
within the tolerance band); or
    (B) Initiate a change in production (running change) under the 
provisions of 40 CFR 86.084-14(c)(13) or 86.1842-01, as applicable, that 
causes the vehicle to meet Federal emission requirements.
    (ii) If the certificate holder chooses to retest in accordance with 
paragraph (a)(3)(i)(A) of this section:
    (A) Such retests must be completed no later than five working days 
subsequent to the first FTP test;
    (B) Should the subject vehicle or engine fail the second FTP, then 
the certificate holder must initiate a change in production (a running 
change) under the provisions of 40 CFR 86.084-14(c)(13) or 86.1842-01, 
as applicable, that causes the vehicle to meet Federal emission 
requirements.
    (iii) If the certificate holder chooses to initiate a change in 
production (a running change) under the provisions of 40 CFR 86.084-
14(c)(13) or 86.1842-01 as applicable, that causes the vehicle to meet 
Federal requirements, changes involving adjustments of adjustable 
vehicle parameters (e.g., adjusting the RPM, timing, air/fuel ratio) 
must be changes in the specified (i.e., nominal) values to be deemed 
acceptable by EPA.
    (iv) Production changes made in accordance with this section must be 
implemented on all subsequent vehicles or engines imported under the 
certificate after the date of importation of the vehicle or engine which 
gave rise to the production change.
    (v) Commencing with the first vehicle or engine receiving the 
running change, every third vehicle or engine imported under the 
certificate must be FTP tested to demonstrate compliance with Federal 
emission requirements until, as in paragraph(a)(2)(ii) of this section, 
a threshold of 300 vehicles or engines imported under the certificate is 
exceeded, at which time the amount of required FTP testing may be 
reduced to every fifth vehicle or engine.
    (vi) Reports concerning these running changes shall be made to both 
the Manufacturers Operations and Certification Divisions of EPA within 
ten working days of initiation of the running change. The cause of any 
failure of an FTP shall be identified, if known;
    (4) The applicable deterioration factor;
    (5) The FTP results adjusted by the deterioration factor;
    (6) Such other information that may be specified by applicable 
regulations or on the certificate under which the vehicle or engine has 
been modified in order to assure compliance with requirements of the 
Act;
    (7) All information required under Sec. 85.1510;
    (8) An attestation by the certificate holder that the certificate 
holder is responsible for the vehicle's or engine's compliance with 
Federal emission requirements, regardless of whether the certificate 
holder owns the vehicle or engine imported under this section;
    (9) The name, address and telephone number of the person who the 
certificate holder prefers to receive EPA notification under Sec. 
85.1505(c); and
    (10) Such other information as is deemed necessary by the 
Administrator.
    (b) EPA approval for final admission of a vehicle or engine under 
this section shall be presumed not to have been granted if a vehicle has 
not been properly modified to be in conformity in all material respects 
with the description in the application for certification or has not 
complied with the provisions of Sec. 85.1505(a)(2) or its final FTP 
results, adjusted by the deterioration factor, if applicable, do not 
comply with applicable emission standards.
    (c) Except as provided in Sec. 85.1505(b), EPA approval for final 
admission of a vehicle or engine under this section shall be presumed to 
have been granted should the certificate holder not have received oral 
or written notice from EPA to the contrary within 15 working

[[Page 37]]

days of the date of EPA's receipt of the certificate holder's 
application under Sec. 85.1505(a). Such EPA notice shall be made to an 
employee of the certificate holder. If application is made on EPA forms, 
the date on a certified mail receipt shall be deemed to be the official 
date of notification to EPA. If application is made by submitting the 
data electronically, the date of acceptance by EPA's computer shall be 
deemed to be the official date of notification to EPA. During this 15 
working day period, the vehicle or engine must be stored at a location 
where the Administrator will have reasonable access to the vehicle or 
engine for his/her inspection.

[52 FR 36156, Sept. 25, 1987, as amended at 64 FR 23919, May 4, 1999]



Sec. 85.1506  Inspection and testing of imported motor vehicles 
and engines.

    (a) In order to allow the Administrator to determine whether a 
certificate holder's production vehicles or engines comply with 
applicable emission requirements or requirements of this subpart, EPA 
Enforcement Officers are authorized to conduct inspections and/or tests 
of vehicles or engines imported by the certificate holder. EPA 
Enforcement Officers shall be admitted during operating hours upon 
demand and upon presentation of credentials to any of the following:
    (1) Any facility where any vehicle or engine imported by the 
certificate holder under this subpart was or is being modified, tested 
or stored; and
    (2) Any facility where any record or other document relating to 
modification, testing or storage of the vehicles or engines, or required 
to be kept by Sec. 85.1507, is located.


EPA may require inspection or retesting of vehicles or engines at the 
test facility used by the certificate holder or at an EPA-designated 
testing facility, with transportation and/or testing costs to be borne 
by the certificate holder.
    (b) Upon admission to any facility referred to in paragraph (a) of 
this section, any EPA Enforcement Officer shall be allowed during 
operating hours:
    (1) To inspect and monitor any part or aspect of activities relating 
to the certificate holder's modification, testing and/or storage of 
vehicles or engines imported under this subpart;
    (2) To inspect and make copies of any records or documents related 
to modification, testing and storage of a vehicle or engine, or required 
by Sec. 85.1507; and
    (3) To inspect and photograph any part or aspect of any such vehicle 
or engine and any component used in the assembly thereof.
    (c) Any EPA Enforcement Officer shall be furnished, by those in 
charge of a facility being inspected, with such reasonable assistance as 
he/she may request to help him/her discharge any function listed in this 
subpart. A certificate holder shall cause those in charge of a facility 
operated for its benefit to furnish such reasonable assistance without 
charge to EPA (whether or not the certificate holder controls the 
facility).
    (d) The requirements of paragraphs (a), (b) and (c) of this section 
apply whether or not the certificate holder owns or controls the 
facility in question. Noncompliance with the requirements of paragraphs 
(a), (b) and (c) may preclude an informed judgment that vehicles or 
engines which have been or are being imported under this subpart by the 
certificate holder comply with applicable emission requirements or 
requirements of this subpart. It is the certificate holder's 
responsibility to make such arrangements as may be necessary to assure 
compliance with paragraphs (a), (b) and (c) of this section. Failure to 
do so, or other failure to comply with paragraphs (a), (b) and (c), may 
result in sanctions as provided for in the Act or Sec. 85.1513(e).
    (e) Duly designated Enforcement Officers are authorized to proceed 
ex parte to seek warrants authorizing the inspection or testing of the 
motor vehicles or motor vehicle engines described in paragraph (a) of 
this section whether or not the Enforcement Officer first attempted to 
seek permission from the certificate holder or facility owner to inspect 
such motor vehicles or motor vehicle engines.
    (f) The results of the Administrator's test under this section shall 
comprise

[[Page 38]]

the official test data for the vehicle or engine for purposes of 
determining whether the vehicle or engine should be permitted final 
entry under Sec. 85.1505 or Sec. 85.1509.
    (g) For purposes of this section:
    (1) ``Presentation of Credentials'' shall mean display of the 
document designating a person as an EPA Enforcement Officer.
    (2) Where vehicle storage areas or facilities are concerned, 
``operating hours'' shall means all times during which personnel other 
than custodial personnel are at work in the vicinity of the area or 
facility and have access to it.
    (3) Where facilities or areas other than those specified in 
paragraph (g)(2) of this section are concerned, ``operating hours'' 
shall mean all times during which the facility is in operation.
    (4) ``Reasonable assistance'' includes, but is not limited to, 
clerical, copying, interpreting and translating services, and the making 
available on request of personnel of the facility being inspected during 
their working hours to inform the EPA Enforcement Officer of how the 
facility operates and to answer his/her questions.



Sec. 85.1507  Maintenance of certificate holder's records.

    (a) The certificate holder subject to any of the provisions of this 
subpart shall establish, maintain and retain for six years from the date 
of entry of a nonconforming vehicle or engine imported by the 
certificate holder, adequately organized and indexed records, 
correspondence and other documents relating to the certification, 
modification, test, purchase, sale, storage, registration and 
importation of that vehicle or engine, including but not limited to:
    (1) The declaration required by 19 CFR 12.73;
    (2) Any documents or other written information required by a Federal 
government agency to be submitted or retained in conjunction with the 
certification, importation or emission testing of motor vehicles or 
motor vehicle engines;
    (3) All bills of sale, invoices, purchase agreements, purchase 
orders, principal or agent agreements and correspondence between the 
certificate holder and the purchaser, of each vehicle or engine, and any 
agents of the above parties;
    (4) Documents providing parts identification data associated with 
the emission control system installed on each vehicle or engine 
demonstrating that such emission control system was properly installed 
on such vehicle or engine;
    (5) Documents demonstrating that, where appropriate, each vehicle or 
engine was emissions tested in accordance with the Federal Test 
Procedure.
    (6) Documents providing evidence that the requirements of Sec. 
85.1510 have been met.
    (7) Documents providing evidence of compliance with all relevant 
requirements of the Clean Air Act, the Energy Tax Act of 1978, and the 
Energy Policy and Conservation Act;
    (8) Documents providing evidence of the initiation of the ``15 day 
hold'' period for each vehicle or engine imported pursuant to Sec. 
85.1505 or Sec. 85.1509;
    (9) For vehicles owned by the ICI at the time of importation, 
documents providing evidence of the date of sale subsequent to 
importation, together with the name, address and telephone number of the 
purchaser, for each vehicle or engine imported pursuant to Sec. 85.1505 
or Sec. 85.1509;
    (10) For vehicles not owned by the ICI at the time of importation, 
documents providing evidence of the release to the owner subsequent to 
importation for each vehicle or engine imported pursuant to Sec. 
85.1505 or Sec. 85.1509; and
    (11) Documents providing evidence of the date of original 
manufacture of the vehicle or engine.
    (b) The certificate holder is responsible for ensuring the 
maintenance of records required by this section, regardless of whether 
facilities used by the certificate holder to comply with requirements of 
this subpart are under the control of the certificate holder.



Sec. 85.1508  ``In Use'' inspections and recall requirements.

    (a) Vehicles or engines which have been imported, modified and/or 
FTP tested by a certificate holder pursuant to Sec. 85.1505 or Sec. 
85.1509 may be inspected

[[Page 39]]

and emission tested by EPA throughout the useful lives of the vehicles 
or engines.
    (b) Certificate holders shall maintain for six years, and provide to 
EPA upon request, a list of owners of all vehicles or engines imported 
by the certificate holder under this subpart.
    (c) A certificate holder will be notified whenever the Administrator 
has determined that a substantial number of a class or category of the 
certificate holder's vehicles or engines, although properly maintained 
and used, do not conform to the regulations prescribed under section 202 
when in actual use throughout their useful lives (as determined under 
section 202(d)). After such notification, the Recall Regulations at part 
85, subpart S, shall govern the certificate holder's responsibilities 
and references to a manfacturer in the Recall Regulations shall apply to 
the certificate holder.



Sec. 85.1509  Final admission of modification and test vehicles.

    (a) Except as provided in paragraphs (b), (c), (d), (e), and (f) of 
this section, a motor vehicle or motor vehicle engine may be imported 
under this section by a certificate holder possessing a currently valid 
certificate of conformity only if:
    (1)(i) The vehicle or engine is six OP years old or older; or
    (ii) The vehicle was owned, purchased and used overseas by military 
or civilian employees of the U.S. Government and
    (A) An ICI does not hold a currently valid certificate for that 
particular vehicle; and
    (B) The Federal agency employing the owner of such vehicle 
determines that such owner is stationed in an overseas area which either 
prohibits the importation of U.S.-certified vehicles or which does not 
have adequate repair facilities for U.S.-certified vehicles; and
    (C) The Federal agency employing the personnel owning such vehicles 
determines that such vehicles are eligible for shipment to the United 
States at U.S. Government expense; and
    (2) The certificate holder's name has not been placed on a currently 
effective EPA list of certificate holders ineligible to import such 
modification/test vehicles, as described in paragraph (j) of this 
section.
    (b) In calendar year 1988, a motor vehicle or motor vehicle engine 
originally produced in calendar years 1983 through 1987 may be imported 
under this section by a certificate holder if:
    (1) The certificate holder possesses a currently valid certificate 
of conformity for a vehicle or engine model originally produced in 
calendar years 1987 or 1988 and the make (i.e., the OEM) and fuel type 
of such certified model is the same as the make and fuel type of the 
vehicle or engine being imported under this section; and
    (2) The certificate holder's name has not been placed on a currently 
effective EPA list of certificate holder's ineligible to import such 
modification/test vehicles, as described in paragraph (j) of this 
section.
    (c) In calendar year 1989, a motor vehicle or motor vehicle engine 
originally produced in calendar years 1984 through 1987 may be imported 
under this section by a certificate holder if:
    (1) The certificate holder possesses a currently valid certificate 
of conformity for a vehicle or engine model originally produced in 
calendar years 1988 or 1989 and the make and fuel type of such certified 
model is the same as the make and fuel type of the vehicle or engine 
being imported under this section; and
    (2) The certificate holder's name has not been placed on a currently 
effective EPA list of certificate holders ineligible to import such 
modification/test vehicles, as described in paragraph (j) of this 
section,
    (d) In calendar year 1990, a motor vehicle or motor vehicle engine 
originally produced in calendar years 1985 through 1987 may be imported 
under this section by a certificate holder if:
    (1) The certificate holder possesses a currently valid certificate 
of conformity for a vehicle or engine model originally produced in 
calendar years 1989 or 1990 and the make and fuel type of such certified 
model is the same as the make and fuel type of the vehicle or engine 
being imported under this section; and

[[Page 40]]

    (2) The certificate holder's name has not been placed on a currently 
effective EPA list of certificate holders ineligible to import such 
modification/test vehicles, as described in paragraph (j) of this 
section.
    (e) In calendar year 1991, a motor vehicle or motor vehicle engine 
originally produced in calendar years 1986 and 1987 may be imported 
under this section by a certificate holder if:
    (1) The certificate holder possesses a currently valid certificate 
of conformity for a vehicle or engine model originally produced in 
calendar years 1990 or 1991 and the make and fuel type of such certified 
model is the same as the make and fuel type of the vehicle or engine 
being imported under this section; and
    (2) The certificate holder's name has not been placed on a currently 
effective EPA list of certificate holders ineligible to import such 
modification/test vehicles, as described in paragraph (j) of this 
section.
    (f) In calendar year 1992, a motor vehicle or motor vehicle engine 
originally produced in calendar year 1987 may be imported under this 
section by a certificate holder if:
    (1) The certificate holder possesses a currently valid certificate 
of conformity for a vehicle or engine model originally produced in 
calendar year 1991 or 1992 and the make and fuel type of such certified 
model is the same as the make and fuel type of the vehicle or engine 
being imported under this section; and
    (2) The certificate holder's name has not been placed on a currently 
effective EPA list of certificate holders ineligible to import such 
modification/test vehicles, as described in paragraph (j) of this 
section.
    (g) A motor vehicle or motor vehicle engine conditionally imported 
under this section may be finally admitted into the United States upon 
approval of the certificate holder's application to the Administrator. 
Such application shall be made either by completing EPA forms or, if the 
applicant chooses, by submitting the data electronically to EPA's 
computer, in accordance with EPA instructions. Such application shall 
contain:
    (1) The identification information required in Sec. 85.1504;
    (2) An attestation by the certificate holder that the vehicle or 
engine has been modified and/emission tested in accordance with the FTP 
at a laboratory within the United States;
    (3) The results of any FTP;
    (4) The deterioration factor assigned by EPA;
    (5) The FTP results adjusted by the deterioration factor;
    (6) An attestation by the certificate holder that emission testing 
and development of fuel economy data as required by Sec. 85.1510 was 
performed after the vehicle or engine had been modified to conform to 
Department of Transportation safety standards;
    (7) All information required under Sec. 85.1510;
    (8) An attestation by the certificate holder that the certificate 
holder is responsible for the vehicle's or engine's compliance with 
Federal emission requirements, regardless of whether the certificate 
holder owns the vehicle or engine imported under this section.
    (9) The name, address and telephone number of the person who the 
certification holder prefers to receive EPA notification under Sec. 
85.1509(i).
    (10) For any vehicle imported in accordance with paragraphs (b) 
through (f) of this section, an attestation by the certificate holder 
that the vehicle is of the same make and fuel type as the vehicle 
covered by a qualifying certificate as described in paragraphs (b) 
through (f) of this section, as applicable.
    (11) Such other information as is deemed necessary by the 
Administrator.
    (h) EPA approval for final admission of a vehicle or engine under 
this section shall be presumed not to have been granted if a vehicle's 
final FTP results, adjusted by the deterioration factor, if applicable, 
do not comply with applicable emission standards.
    (i) Except as provided in Sec. 85.1509(h), EPA approval for final 
admission of a vehicle or engine under this section shall be presumed to 
have been granted should the certificate holder not have received oral 
or written notice from EPA to the contrary within 15 working days of the 
date of EPA's receipt of the

[[Page 41]]

certificate holder's application under Sec. 85.1509(g). Such EPA notice 
shall be made to an employee of the certificate holder. If application 
is made on EPA form, the date of a certified mail receipt shall be 
deemed to be the official date of notification to EPA. If application is 
made by submitting the data electronically, the date of acceptance by 
EPA's computer shall be deemed to be the official date of notification 
to EPA. During this 15 working day period, the vehicle or engine must be 
stored at a location where the Administrator will have reasonable access 
to inspect the vehicle or engine.
    (j) EPA list of certificate holders ineligible to import vehicles 
for modification/test. EPA shall maintain a current list of certificate 
holders who have been determined to be ineligible to import vehicles or 
engines under this section. Such determinations shall be made in 
accordance with the criteria and procedures in Sec. 85.1513(e) of this 
subpart.
    (k) Inspections. Prior to final entry, vehicles or engines imported 
under this section are subject to special inspections as described in 
Sec. 85.1506 with these additional provisions:
    (1) If a significant number of vehicles imported by a certificate 
holder fail to comply, in the judgment of the Administrator, with 
emission requirements upon inspection or retest, or if the certificate 
holder fails to comply with any provision of these regulations that 
pertain to vehicles imported pursuant to Sec. 85.1509, the certificate 
holder may be placed on the EPA list of certificate holders ineligible 
to import vehicles under this section as specified in paragraph (j) of 
this section and Sec. 85.1513(e);
    (2) Individual vehicles or engines which fail an FTP retest or 
inspection must be repaired and retested, as applicable, to demonstrate 
compliance with emission requirements before final admission.
    (3) Unless otherwise specified by EPA, the costs of all retesting 
under this subsection, including transportation, shall be borne by the 
certificate holder.
    (l) In-Use inspection and testing. Vehicles or engines imported 
under this section may be tested or inspected by EPA at any time during 
the vehicle's or engine's useful life in accordance with Sec. 85.1508 
(a) and (b). If, in the judgment of the Administrator, a significant 
number of properly maintained and used vehicles or engines imported by 
the certificate holder fail to meet emission requirements, the name of 
the certificate holder may be placed on the EPA list of certificate 
holders ineligible to import vehicles under the modification/test 
provision as specified in paragraph (j) of this section and Sec. 
85.1513(e).



Sec. 85.1510  Maintenance instructions, warranties, emission 
labeling and fuel economy requirements.

    The provisions of this section are applicable to all vehicles or 
engines imported under the provisions of Sec. Sec. 85.1505 and 85.1509.
    (a) Maintenance Instructions. (1) The certificate holder shall 
furnish to the purchaser or to the owner of each vehicle or engine 
imported under Sec. 85.1505 or Sec. 85.1509 of this section, written 
instructions for the maintenance and use of the vehicle or engine by the 
purchaser or owner. Each application for final admission of a vehicle or 
engine shall provide an attestation that such instructions have been or 
will be (if the ultimate producer is unknown) furnished to the purchaser 
or owner of such vehicle or engine at the time of sale or redelivery. 
The certificate holder shall maintain a record of having furnished such 
instructions.
    (2) For each vehicle or engine imported under Sec. 85.1509, the 
maintenance and use instructions shall be maintained in a file 
containing the records for that vehicle or engine.
    (3) Such instructions shall not contain requirements more 
restrictive than those set forth in 40 CFR part 86, subpart A or subpart 
S, as applicable (Maintenance Instructions), and shall be in sufficient 
detail and clarity that an automotive mechanic of average training and 
ability can maintain or repair the vehicle or engine.
    (4) Certificate holders shall furnish with each vehicle or engine a 
list of the emission control parts, and emission-related parts added by 
the certificate holder and the emission control and emission related 
parts furnished by the OEM.

[[Page 42]]

    (b) Warranties. (1) Certificate holders shall provide to vehicle or 
engine owners emission warranties identical to those required by 
sections 207 (a) and (b) of the Act and 40 CFR part 85, subpart V. The 
warranty period for each vehicle or engine shall commence on the date 
the vehicle or engine is delivered by the certificate holder to the 
ultimate purchaser or owner.
    (2) Certificate holders shall ensure that these warranties:
    (i) Are insured by a prepaid mandatory service insurance policy 
underwritten by an independent insurance company;
    (ii) Are transferable to each successive owner for the periods 
specified in sections 207 (a) and (b); and
    (iii) Provide that in the absence of a certificate holder's facility 
being reasonably available (i.e., within 50 miles) for performance of 
warranty repairs, such warranty repairs may be performed anywhere.
    (3) Certificate holders shall attest in each application for final 
admission that such warranties will be or have been provided. Copies of 
such warranties shall be maintained in a file containing the records for 
that vehicle or engine.
    (c) Emission labeling. (1) The certificate holder shall affix a 
permanent legible label in a readily visible position in the engine 
compartment. The label shall meet all the requirements of part 86 and 
shall contain the following statement ``This vehicle or engine was 
originally produced in (month and year of original production). It has 
been imported and modified by (certificate holder's name, address and 
telephone number) to conform to U.S. emission regulations applicable to 
the (year) model year.'' If the vehicle or engine is owned by the 
certificate holder at the time of importation, the label shall also 
state ``this vehicle or engine is warranted for five years or 50,000 
miles from the date of purchase, whichever comes first.'' If the vehicle 
or engine is not owned by the certificate holder at the time of 
importation, the label shall state ``this vehicle or engine is warranted 
for five years or 50,000 miles from the date of release to the owner, 
whichever comes first.'' For vehicles imported under Sec. 85.1509, the 
label shall clearly state in bold letters that ``this vehicle has not 
been manufactured under a certificate of conformity but meets EPA air 
pollution control requirements under a modification/test program.'' In 
addition, for all vehicles, the label shall contain the vacuum hose 
routing diagram applicable to the vehicles.
    (2) As part of the application to the Administrator for final 
admission of each individual vehicle or engine under Sec. 85.1509, the 
certificate holder shall maintain a copy of such label for each vehicle 
or engine in a file containing the records for that vehicle or engine. 
Certificate holders importing under Sec. 85.1505 or Sec. 85.1509 shall 
attest to compliance with the above labeling requirements in each 
application for final admission.
    (d) Fuel economy labeling. (1) The certificate holder shall affix a 
fuel economy label that complies with the requirements of 40 CFR part 
600, subpart D.
    (2) For purposes of generating the fuel economy data to be 
incorporated on such label, each vehicle imported under Sec. 85.1509 
shall be considered to be a separate model type.
    (3) As part of the application to the Administrator for final 
admission of each individual vehicle or engine imported under Sec. 
85.1509, the certificate holder shall maintain a copy of such label for 
each vehicle or engine in a file containing the records for that vehicle 
or engine. In each application for final admission of a vehicle or 
engine under Sec. 85.1505 or Sec. 85.1509, the certificate holder 
shall attest to compliance with the above labeling requirements.
    (e) Gas guzzler tax. (1) Certificate holders shall comply with any 
applicable provisions of the Energy Tax Act of 1978, 26 U.S.C. 4064, for 
every vehicle imported under Sec. Sec. 85.1505 and 85.1509.
    (2) For vehicles not owned by the certificate holder, the 
certificate holder shall furnish to the vehicle owner applicable IRS 
forms (currently numbered 720 (Quarterly Federal Excise Tax) and 6197 
(Fuel Economy Tax Computation Form)) which relate to the collection of 
the gas guzzler tax under the Energy Tax Act of 1978, 26 U.S.C. 4064.

[[Page 43]]

    (3) As part of the certificate holder's application to EPA for final 
admission of each vehicle imported under Sec. 85.1509, the certificate 
holder shall furnish any fuel economy data required by the Energy Tax 
Act of 1978, 15 U.S.C. 4064.
    (f) Corporate Average Fuel Economy (CAFE). (1) Certificate holders 
shall comply with any applicable CAFE requirements of the Energy Policy 
and Conservation Act, 15 U.S.C. 2001 et seq., and 40 CFR part 600, for 
all vehicles imported under Sec. Sec. 85.1505 and 85.1509.

[52 FR 36156, Sept. 25, 1987, as amended at 64 FR 23919, May 4, 1999]



Sec. 85.1511  Exemptions and exclusions.

    (a) Individuals, as well as certificate holders, shall be eligible 
for importing vehicles into the United States under the provisions of 
this section, unless otherwise specified.
    (b) Notwithstanding any other requirements of this subpart, a motor 
vehicle or motor vehicle engine entitled to one of the temporary 
exemptions of this paragraph may be conditionally admitted into the 
United States if prior written approval for such conditional admission 
is obtained from the Administrator. Conditional admission shall be under 
bond. A written request for approval from the Administrator shall 
contain the identification required in Sec. 85.1504(a)(1) (except for 
Sec. 85.1504(a)(1)(v)) and information that indicates that the importer 
is entitled to the exemption. Noncompliance with provisions of this 
section may result in the forfeiture of the total amount of the bond or 
exporation of the vehicle or engine. The following temporary exemptions 
are permitted by this paragraph:
    (1) Exemption for repairs or alterations. Owners of fleet vehicles 
or engines may import such vehicles or engines solely for purposes of 
repairs or alterations. Such vehicles or engines may not be registered 
or licensed in the United States for use on public roads and highways. 
They may not be sold or leased in the United States and must be exported 
upon completion of the repairs or alterations.
    (2) Testing exemption. Testing vehicles or engines may be imported 
by any person subject to the requirements of 40 CFR 85.1705 and 85.1708. 
Test vehicles or engines may be operated on and registered for use on 
public roads or highways provided that the operation is an integral part 
of the test. The exemption shall be limited to a period not exceeding 
one year from the date of importation unless a request is made by the 
appropriate importer concerning the vehicle in accordance with Sec. 
85.1705(f) for a subsequent one-year period.
    (3) Precertification exemption. Prototype vehicles for use in 
applying to EPA for certification may be imported by independent 
commercial importers subject to applicable provisions of 40 CFR 85.1706 
and the following requirements:
    (i) No more than one prototype vehicle for each engine family for 
which an independent commercial importer is seeking certification shall 
be imported by each independent commercial importer.
    (ii) Unless a certificate of conformity is issued for the prototype 
vehicle, the total amount of the bond shall be forfeited or the vehicle 
must be exported within 180 days from the date of entry.
    (4) Display exemptions. (i) Vehicles or engines intended solely for 
display may be imported subject to the requirements of 40 CFR 85.1707.
    (ii) Display vehicles or engines may be imported by any person. 
Display vehicles or engines may not be sold in the United States and may 
not be registered or licensed for use on or operated on public roads or 
highways in the United States, unless an applicable certificate of 
conformity has been received.
    (c) Notwithstanding any other requirements of this subpart, a motor 
vehicle or motor vehicle engine may be finally admitted into the United 
States under this paragraph if prior written approval for such final 
admission is obtained from the Administrator. Conditional admission of 
these vehicles is not permitted for the purpose of obtaining written 
approval from the Administrator. A request for approval shall contain 
the identification information required in Sec. 85.1504(a)(1) (except 
for Sec. 85.1504(a)(1)(v)) and information that indicates that the 
importer is entitled to the exemption or exclusion.

[[Page 44]]

The following exemptions or exclusions are permitted by this paragraph:
    (1) National security exemption. Vehicles may be imported under the 
national security exemption found at 40 CFR 85.1708. Only persons who 
are manufacturers may import a vehicle under a national security 
exemption.
    (2) Hardship exemption. The Administrator may exempt on a case-by-
case basis certain motor vehicles from Federal emission requirements to 
accommodate unforeseen cases of extreme hardship or extraordinary 
circumstances. Some examples are as follows:
    (i) Handicapped individuals who needs a special vehicle unavailable 
in a certified configuration;
    (ii) Individuals who purchase a vehicle in a foreign country where 
resale is prohibited upon the departure of such as individual;
    (iii) Individuals emigrating from a foreign country to the U.S. in 
circumstances of severe hardship.
    (d) Foreign diplomatic and military personnel may import 
nonconforming vehicles without bond. At the time of admission, the 
importer shall submit to the Administrator the written report required 
in Sec. 85.1504(a)(1) (except for information required by Sec. 
85.1504(a)(1)(v)). Such vehicles may not be be sold in the United 
States.
    (e) Racing exclusion. Racing vehicles may be imported by any person 
provided the vehicles meet one or more of the exclusion criteria 
specified in 40 CFR 85.1703. Racing vehicles may not be registered or 
licensed for use on or operated on public roads and highways in the 
United States.
    (f) Exclusions/exemptions based on date of original manufacture. (1) 
Notwithstanding any other requirements of this subpart, the following 
motor vehicles or motor vehicle engines are excluded from the 
requirements of the Act in accordance with section 216(3) of the Act and 
may be imported by any person:
    (i) Gasoline-fueled light-duty vehicles and light-duty trucks 
originally manufactured prior to January 1, 1968.
    (ii) Diesel-fueled light-duty vehicles originally manufactured prior 
to January 1, 1975.
    (iii) Diesel-fueled light-duty trucks originally manufactured prior 
to January 1, 1976.
    (iv) Motorcycles originally manufactured prior to January 1, 1978.
    (v) Gasoline-fueled and diesel-fueled heavy-duty engines originally 
manufactured prior to January 1, 1970.
    (2) Notwithstanding any other requirements of this subpart, a motor 
vehicle or motor vehicle engine not subject to an exclusion under Sec. 
85.1511(f)(1) but greater than twenty OP years old is entitled to an 
exemption from the requirements of the Act, provided that it is imported 
into the United States by a certificate holder. At the time of 
admission, the certificate holder shall submit to the Administrator the 
written report required in Sec. 85.1504(a)(1) (except for information 
required by Sec. 85.1504(a)(1)(v)).
    (g) Applications for exemptions and exclusions provided for in 
paragraphs (b) and (c) of this section shall be mailed to: 
Investigation/Imports Section (EN-340F), Office of Mobile Sources, U.S. 
Environmental Protection Agency, Washington, DC 20460.
    (h) Vehicles conditionally or finally admitted under paragraphs 
(b)(2), (b)(4), (c)(1), (c)(2), and (f)(2) of this section must still 
comply with all applicable requirements, if any, of the Energy Tax Act 
of 1978, the Energy Policy and Conservation Act and any other Federal or 
state requirements.

[52 FR 36156, Sept. 25, 1987; 52 FR 43827, Nov. 16, 1987]



Sec. 85.1512  Admission of catalyst and O[bdi2] sensor-equipped vehicles.

    (a)(1) Notwithstanding other provisions of this subpart, any person 
may conditionally import a vehicle which:
    (i) Was covered by a certificate of conformity at the time of 
original manufacture or had previously been admitted into the United 
States under Sec. 85.1505 or Sec. 85.1509 (after June 30, 1988).
    (ii) Was certified, or previously admitted under Sec. 85.1505 or 
Sec. 85.1509 (after June 30, 1988), with a catalyst emission control 
system and/or O2 sensor;
    (iii) Is labeled in accordance with 40 CFR part 86, subpart A or 
subpart S, or, where applicable, Sec. 85.1510(c); and
    (iv) Has been driven outside the United States, Canada and Mexico or

[[Page 45]]

such other countries as EPA may designate.
    (2) Such vehicle must be entered under bond pursuant to 19 CFR 12.73 
unless it is included in a catalyst and O2 sensor control 
program approved by the Administrator upon such terms as may be deemed 
appropriate. Catalyst and O2 sensor programs conducted by 
manufacturers may be approved each model year.
    (b) For the purpose of this section, ``catalyst and O2 
sensor control program'' means a program instituted and maintained by a 
manufacturer, or any U.S. Government Agency for the purpose of 
preservation, replacement, or initial installation of catalytic 
converters and cleaning and/or replacement of O2 sensors and, 
if applicable, restricted fuel filler inlets.
    (c) For the purpose of this section, ``driven outside the United 
States, Canada and Mexico'' does not include mileage accumulated on 
vehicles solely under the control of manufacturers of new motor vehicles 
or engines for the purpose of vehicle testing and adjustment, and 
preparation for shipment to the United States.
    (d) Vehicles conditionally imported pursuant to this section and 
under bond must be modified in accordance with the certificate of 
conformity applicable at the time of manufacture. In the case of 
vehicles previously imported under Sec. 85.1509 or Sec. 85.1504 (prior 
to July 1, 1988), the replacement catalyst and O2 sensor, if 
applicable, must be equivalent (in terms of emission reduction) to the 
original catalyst and O2 sensor. Such vehicles may be granted 
final admission upon application to the Administrator, on forms 
specified by the Administrator. Such application shall contain the 
information required in Sec. 85.1504(a)(1) (i) through (v) and shall 
contain both an attestation by a qualified mechanic that the catalyst 
has been replaced and the O2 sensor has been replaced, if 
necessary, and that both parts are functioning properly, and a copy of 
the invoice for parts and labor.

[52 FR 36156, Sept. 25, 1987, as amended at 64 FR 23919, May 4, 1999]



Sec. 85.1513  Prohibited acts; penalties.

    (a) The importation of a motor vehicle or motor vehicle engine which 
is not covered by a certificate of conformity other than in accordance 
with this subpart and the entry regulations of the U.S. Customs Service 
at 19 CFR 12.73 is prohibited. Failure to comply with this section is a 
violation of section 203(a)(1) of the Act.
    (b) Unless otherwise permitted by this subpart, during a period of 
conditional admission, the importer of a vehicle shall not:
    (1) Operate the vehicle on streets or highways,
    (2) Sell or offer the vehicle or engine for sale, or
    (3) Store the vehicle on the premises of a dealer.
    (c) Any vehicle or engine conditionally admitted pursuant to Sec. 
85.1504, Sec. 85.1511 or Sec. 85.1512, and not granted final admission 
within 120 days of such conditional admission, or within such additional 
time as the U.S. Customs Service may allow, shall be deemed to be 
unlawfully imported into the United States in violation of section 
203(a)(1) of the Act, unless such vehicle or engine shall have been 
delivered to the U.S. Customs Service for export or other disposition 
under applicable Customs laws and regulations. Any vehicles or engines 
not so delivered shall be subject to seizure by the U.S. Customs 
Service.
    (d) Any importer who violates section 203(a)(1) of the Act is 
subject to a civil penalty under section 205 of the Act of not more than 
$32,500 for each vehicle or engine subject to the violation. In addition 
to the penalty provided in the Act, where applicable, under the 
exemption provisions of Sec. 85.1511(b), or under Sec. 85.1512, any 
person or entity who fails to deliver such vehicle or engine to the U.S. 
Customs Service is liable for liquidated damages in the amount of the 
bond required by applicable Customs laws and regulations.
    (e) (1) A certificate holder whose vehicles or engines imported 
under Sec. 85.1505 or Sec. 85.1509 fail to conform to Federal emission 
requirements after modification and/or testing under the Federal Test 
Procedure (FTP) or who

[[Page 46]]

fails to comply with applicable provisions of this subpart, may, in 
addition to any other applicable sanctions and penalties, be subject to 
any, or all, of the following sanctions:
    (i) The certificate holder's currently held certificates of 
conformity may be revoked or suspended;
    (ii) The certificate holder may be deemed ineligible to apply for 
new certificates for up to 3 years; and
    (iii) The certificate holder may be deemed ineligible to import 
vehicles or engines under Sec. 85.1509 in the future and be placed on a 
list of certificate holders ineligible to import vehicles or engines 
under the provisions of Sec. 85.1509.
    (2) Grounds for the actions described in paragraph (e)(1) of this 
section shall include, but not be limited to, the following:
    (i) Action or inaction by the certificate holder or the laboratory 
performing the FTP on behalf of the certificate holder which results in 
fraudulent, deceitful or grossly inaccurate representation of any fact 
or condition which affects a vehicle's or engine's eligibility for 
admission to the U.S. under this subpart;
    (ii) Failure of a significant number of vehicles or engines imported 
to comply with Federal emission requirements upon EPA inspection or 
retest; or
    (iii) Failure by a certificate holder to comply with requirements of 
this subpart.
    (3) The following procedures govern any decision to suspend, revoke, 
or refuse to issue certificates under this subpart:
    (i) When grounds appear to exist for the actions described in 
paragraph (e)(1) of this section, the Administrator shall notify the 
certificate holder in writing of any intended suspension or revocation 
of a certificate, proposed ineligibility to apply for new certificates, 
or intended suspension of eligibility to conduct modification/testing 
under Sec. 85.1509, and the grounds for such action.
    (ii) Except as provided by paragraph (e)(3)(iv) of this section, the 
certificate holder must take the following actions before the 
Administrator will consider withdrawing notice of intent to suspend or 
revoke the certificate holder's certificate or the certificate holder's 
eligibility to perform modification/testing under Sec. 85.1509:
    (A) Submit a written report to the Administrator which identifies 
the reason for the noncompliance of the vehicle or engines, describes 
the proposed remedy, including a description of any proposed quality 
control and/or quality assurance measures to be taken by the certificate 
holder to prevent the future occurrence of the problem, and states the 
date on which the remedies will be implemented; or
    (B) Demonstrate that the vehicles or engines do in fact comply with 
applicable regulations in this chapter by retesting such vehicles or 
engines in accordance with the FTP.
    (iii) A certificate holder may request within 15 calendar days of 
the Administrator's notice of intent to suspend or revoke a certificate 
holder's eligibility to perform modification/testing or certificate that 
the Administrator grant such certificate holder a hearing:
    (A) As to whether the tests have been properly conducted,
    (B) As to any substantial factual issue raised by the 
Administrator's proposed action.
    (iv) If, after the Administrator notifies a certificate holder of 
his/her intent to suspend or revoke a certificate holder's certificate 
of conformity or its eligibility to perform modification/testing under 
Sec. 85.1509 and prior to any final suspension or revocation, the 
certificate holder demonstrates to the Administrator's satisfaction that 
the decision to initiate suspension or revocation of the certificate or 
eligibility to perform modification/testing under Sec. 85.1509 was 
based on erroneous information, the Administrator will withdraw the 
notice of intent.
    (4) Hearings on suspensions and revocations of certificates of 
conformity or of eligibility to perform modification/testing under Sec. 
85.1509 shall be held in accordance with the following:
    (i) Applicability. The procedures prescribed by this section shall 
apply whenever a certificate holder requests a hearing pursuant to 
subsection (e)(3)(iii).
    (ii) Hearing under paragraph (e)(3)(iii) of this section shall be 
held in

[[Page 47]]

accordance with the procedures outlined in Sec. 88.613, where 
applicable, provided that where Sec. 86.612 is referred to in Sec. 
86.613: Section 86.612(a) is replaced by Sec. 85.1513(d)(2); and Sec. 
86.612(i) is replaced by Sec. 85.1513(d)(3)(iii).
    (5) When a hearing is requested under this paragraph and it clearly 
appears from the data or other information contained in the request for 
a hearing, or submitted at the hearing, that there is no genuine and 
substantial question of fact with respect to the issue of whether the 
certificate holder failed to comply with this subpart, the Administrator 
will enter an order denying the request for a hearing, or terminating 
the hearing, and suspending or revoking the certificate of conformity or 
the certificate holder's eligibility to perform modification/testing 
under Sec. 85.1509.
    (6) In lieu of requesting a hearing under paragraph (e)(3)(iii) of 
this section, a certificate holder may respond in writing to EPA's 
charges in the notice of intent to suspend or revoke. Such a written 
response must be received by EPA within 30 days of the date of EPA's 
notice of intent. No final decision to suspend or revoke will be made 
before that time.

[52 FR 36156, Sept. 25, 1987, as amended at 70 FR 40430, July 13, 2005]



Sec. 85.1514  Treatment of confidential information.

    (a) Any importer may assert that some or all of the information 
submitted pursuant to this subpart is entitled to confidential treatment 
as provided by 40 CFR part 2, subpart B.
    (b) Any claim of confidentiality must accompany the information at 
the time it is submitted to EPA.
    (c) To assert that information submitted pursuant to this subpart is 
confidential, an importer must indicate clearly the items of information 
claimed confidential by marking, circling, bracketing, stamping, or 
otherwise specifying the confidential information. Furthermore, EPA 
requests, but does not require, that the submitter also provide a second 
copy of its submittal from which all confidential information has been 
deleted. If a need arises to publicly release nonconfidential 
information, EPA will assume that the submitter has accurately deleted 
the confidential information from this second copy.
    (d) If a claim is made that some or all of the information submitted 
pursuant to this subpart is entitled to confidential treatment, the 
information covered by that confidentiality claim will be disclosed by 
the Administrator only to the extent and by means of the procedures set 
forth in part 2, subpart B, of this chapter.
    (e) Information provided without a claim of confidentiality at the 
time of submission may be made available to the public by EPA without 
further notice to the submitter.



Sec. 85.1515  Emission standards and test procedures applicable to 
imported nonconforming motor vehicles and motor vehicle engines.

    (a) Notwithstanding any other requirements of this subpart, any 
motor vehicle or motor vehicle engine conditionally imported pursuant to 
Sec. 85.1505 or Sec. 85.1509 and required to be emission tested shall 
be tested using the FCT at 40 CFR part 86 applicable to current model 
year motor vehicles and motor vehicle engines at the time of testing.
    (b) The emission standards applicable to nonconforming light-duty 
vehicles and light-duty trucks imported pursuant to this subpart are 
outlined in tables 1 and 2 of this section, respectively. The useful 
life as specified in tables 1 and 2 of this section is applicable to 
imported light-duty vehicles and light-duty trucks, respectively.
    (c)(1) Nonconforming motor vehicles or motor vehicle engines of 1994 
OP model year and later conditionally imported pursuant to Sec. 85.1505 
or Sec. 85.1509 shall meet all of the emission standards specified in 
40 CFR part 86 for the OP year of the vehicle or motor vehicle engine. 
At the option of the ICI, the nonconforming motor vehicle may comply 
with the emissions standards in 40 CFR 86.1708-99 or 86.1709-99, as 
applicable to a light-duty vehicle or light light-duty truck, in lieu of 
the otherwise applicable emissions standards specified in 40 CFR part 86 
for the OP year of the vehicle. The provisions of 40 CFR 86.1710-99 do 
not apply to imported nonconforming motor vehicles. The useful life 
specified in 40 CFR part 86

[[Page 48]]

for the OP year of the motor vehicle or motor vehicle engine is 
applicable where useful life is not designated in this subpart.
    (2)(i) Nonconforming light-duty vehicles and light light-duty trucks 
(LDV/LLDTs) originally manufactured in OP years 2004, 2005 or 2006 must 
meet the FTP exhaust emission standards of bin 9 in Tables S04-1 and 
S04-2 in 40 CFR 86.1811-04 and the evaporative emission standards for 
light-duty vehicles and light light-duty trucks specified in 40 CFR 
86.1811-01(e)(5).
    (ii) Nonconforming LDT3s and LDT4s (HLDTs) and medium-duty passenger 
vehicles (MDPVs) originally manufactured in OP years 2004 through 2006 
must meet the FTP exhaust emission standards of bin 10 in Tables S04-1 
and S04-2 in 40 CFR 86.1811-04 and the applicable evaporative emission 
standards specified in 40 CFR 86.1811-04(e)(5). For 2004 OP year HLDTs 
and MDPVs where modifications commence on the first vehicle of a test 
group before December 21, 2003, this requirement does not apply to the 
2004 OP year. ICIs opting to bring all of their 2004 OP year HLDTs and 
MDPVs into compliance with the exhaust emission standards of bin 10 in 
Tables S04-1 and S04-2 in 40 CFR 86.1811-04 , may use the optional 
higher NMOG values for their 2004-2006 OP year LDT2s and 2004-2008 
LDT4s.
    (iii) Nonconforming LDT3s and LDT4s (HLDTs) and medium-duty 
passenger vehicles (MDPVs) originally manufactured in OP years 2007 and 
2008 must meet the FTP exhaust emission standards of bin 8 in Tables 
S04-1 and S04-2 in 40 CFR 86.1811-04 and the applicable evaporative 
standards specified in 40 CFR 86.1811-04(e)(5).
    (iv) Nonconforming LDV/LDTs originally manufactured in OP years 2007 
and later and nonconforming HLDTs and MDPVs originally manufactured in 
OP years 2009 and later must meet the FTP exhaust emission standards of 
bin 5 in Tables S04-1 and S04-2 in 40 CFR 86.1811-04, and the 
evaporative standards specified in 40 CFR 86.1811(e)(1) through (e)(4).
    (v) ICIs are exempt from the Tier 2 and the interim non-Tier2 phase-
in intermediate percentage requirements for exhaust, evaporative, and 
refueling emissions described in 40 CFR 86.1811-04.
    (vi) In cases where multiple standards exist in a given model year 
in 40 CFR part 86 due to phase-in requirements of new standards, the 
applicable standards for motor vehicle engines required to be certified 
to engine-based standards are the least stringent standards applicable 
to the engine type for the OP year.
    (vii) Nonconforming LDV/LLDTs originally manufactured in OP years 
2009 and later must meet the evaporative emission standards in Table 
S09-1 in 40 CFR 86.1811-09(e). However, LDV/LLDTs originally 
manufactured in OP years 2009 and 2010 and imported by ICIs who qualify 
as small volume manufacturers as defined in 40 CFR 86.1838-01 are exempt 
from the LDV/LLDT evaporative emission standards in Table S09-1 in 40 
CFR 86.1811-09(e), but must comply with the Tier 2 evaporative emission 
standards in Table S04-3 in 40 CFR 86.1811-04(e).
    (viii) Nonconforming HLDTs and MDPVs originally manufactured in OP 
years 2010 and later must meet the evaporative emission standards in 
Table S09-1 in 40 CFR 86.1811-09(e). However, HLDTs and MDPVs originally 
manufactured in OP years 2010 and 2011 and imported by ICIs, who qualify 
as small volume manufacturers as defined in 40 CFR 86.1838-01, are 
exempt from the HLDTs and MDPVs evaporative emission standards in Table 
S09-1 in 40 CFR 86.1811-09(e), but must comply with the Tier 2 
evaporative emission standards in Table S04-3 in 40 CFR 86.1811-04(e).
    (3)(i) As an option to the requirements of paragraph (c)(2) of this 
section, independent commercial importers may elect to meet lower bins 
in Tables S04-1 and S04-2 of 40 CFR 86.1811-04 than specified in 
paragraph (c)(2) of this section and bank or sell credits as permitted 
in 40 CFR 86.1860-04 and 40 CFR 86.1861-04. An ICI may not meet higher 
bins in Tables S04-1 and S04-2 of 40 CFR 86.1811-04 than specified in 
paragraph (c)(2) of this section unless it demonstrates to the 
Administrator at the time of certification that it has obtained 
appropriate and sufficient

[[Page 49]]

NOX credits from another manufacturer, or has generated them 
in a previous model year or in the current model year and not 
transferred them to another manufacturer or used them to address other 
vehicles as permitted in 40 CFR 86.1860-04 and 40 CFR 86.1861-04.
    (ii) Where an ICI desires to obtain a certificate of conformity 
using a bin higher than specified in paragraph (c)(2) of this section, 
but does not have sufficient credits to cover vehicles produced under 
such certificate, the Administrator may issue such certificate if the 
ICI has also obtained a certificate of conformity for vehicles certified 
using a bin lower than that required under paragraph (c)(2) of this 
section. The ICI may then produce vehicles to the higher bin only to the 
extent that it has generated sufficient credits from vehicles certified 
to the lower bin during the same model year.
    (4) [Reserved]
    (5) Except for the situation where an ICI desires to bank, sell or 
use NOX credits as described in paragraph (c)(3) of this 
section, the requirements of 40 CFR 86.1811-04 related to fleet average 
NOX standards and requirements to comply with such standards 
do not apply to vehicles modified under this subpart.
    (6) ICIs using bins higher than those specified in paragraph (c)(2) 
of this section must monitor their production so that they do not 
produce more vehicles certified to the standards of such bins than their 
available credits can cover. ICIs must not have a credit deficit at the 
end of a model year and are not permitted to use the deficit 
carryforward provisions provided in 40 CFR 86.1860-04(e).
    (7) The Administrator may condition the certificates of conformity 
issued to ICIs as necessary to ensure that vehicles subject to paragraph 
(c) of this section comply with the appropriate average NOX 
standard for each model year.
    (8)(i) Nonconforming LDV/LLDTs originally manufactured in OP years 
2010 and later must meet the cold temperature NHMC emission standards in 
Table S10-1 in 40 CFR 86.1811-10(g).
    (ii) Nonconforming HLDTs and MDPVs originally manufactured in OP 
years 2012 and later must meet the cold temperature NHMC emission 
standards in Table S10-1 in 40 CFR 86.1811-10(g).
    (iii) ICIs, which qualify as small volume manufacturers, are exempt 
from the cold temperature NMHC phase-in intermediate percentage 
requirements described in 40 CFR 86.1811-10(g)(3). See 40 CFR 86.1811-
04(k)(5)(vi) and (vii).
    (iv) As an alternative to the requirements of paragraphs (c)(8)(i) 
and (ii) of this section, ICIs may elect to meet a cold temperature NMHC 
family emission level below the cold temperature NMHC fleet average 
standards specified in Table S10-1 of 40 CFR 86.1811-10 and bank or sell 
credits as permitted in 40 CFR 86.1864-10. An ICI may not meet a higher 
cold temperature NMHC family emission level than the fleet average 
standards in Table S10-1 of 40 CFR 86.1811-10 as specified in paragraphs 
(c)(8)(i) and (ii) of this section, unless it demonstrates to the 
Administrator at the time of certification that it has obtained 
appropriate and sufficient NMHC credits from another manufacturer, or 
has generated them in a previous model year or in the current model year 
and not traded them to another manufacturer or used them to address 
other vehicles as permitted in 40 CFR 86.1864-10.
    (v) Where an ICI desires to obtain a certificate of conformity using 
a higher cold temperature NMHC family emission level than specified in 
paragraphs (c)(8)(i) and (ii) of this section, but does not have 
sufficient credits to cover vehicles imported under such certificate, 
the Administrator may issue such certificate if the ICI has also 
obtained a certificate of conformity for vehicles certified using a cold 
temperature NMHC family emission level lower than that required under 
paragraphs (c)(8)(i) and (ii) of this section. The ICI may then import 
vehicles to the higher cold temperature NMHC family emission level only 
to the extent that it has generated sufficient credits from vehicles 
certified to a family emission level lower than the cold temperature 
NMHC fleet average standard during the same model year.
    (vi) ICIs using cold temperature NMHC family emission levels higher 
than the cold temperature NMHC fleet average standards specified in 
paragraphs (c)(8)(i) and (ii) of this section

[[Page 50]]

must monitor their imports so that they do not import more vehicles 
certified to such family emission levels than their available credits 
can cover. ICIs must not have a credit deficit at the end of a model 
year and are not permitted to use the deficit carryforward provisions 
provided in 40 CFR 86.1864-10.
    (vii) The Administrator may condition the certificates of conformity 
issued to ICIs as necessary to ensure that vehicles subject to this 
paragraph (c)(8) comply with the applicable cold temperature NMHC fleet 
average standard for each model year.
    (d) Except as provided in paragraph (c) of this section, ICI's must 
not participate in emission-related programs for emissions averaging, 
banking and trading, or nonconformance penalties.

                         Table 1 to Sec.  85.1515--Emission Standards Applicable to Imported Light-Duty Motor Vehicles \1,2,3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           Oxides of                            Diesel          Evaporative      Useful
             OP Year                 Hydrocarbon      Carbon monoxide      nitrogen         Particulate       hydrocarbon      (years/miles)      life
--------------------------------------------------------------------------------------------------------------------------------------------------------
1968-76.........................  1.5 gpm            15 gpm            3.1 gpm           ................  6.0 g/test        5/50,000
1977-79.........................  1.5 gpm            15 gpm            2.0 gpm           ................  6.0 g/test        5/50,000
1980............................  0.41 gpm           7.0 gpm           2.0 gpm           ................  6.0 g/test        5/50,000
1981............................  0.41 gpm           3.4 gpm           1.0 gpm           ................  2.0 g/test        5/50,000
1982-86.........................  0.41 gpm           3.4 gpm           1.0 gpm           0.60 gpm          2.0 g/test        5/50,000
1987-93.........................  0.41 gpm           3.4 gpm           1.0 gpm           0.20 gpm          2.0 g/test        5/50,000
1994 and later..................  (\4\)              (\4\)             (\4\)             (\4\)             (\4\)             (\4\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Diesel particulate standards apply only to diesel fueled light-duty vehicles. Evaporative hydrocarbon standards apply only to non-diesel fueled
  light-duty vehicles. For alternative fueled light-duty vehicles, the evaporative hydrocarbon standard is interpreted as organic material hydrocarbon
  equivalent grams carbon per test, as applicable.
\2\ No crankcase emissions shall be discharged into the ambient atmosphere from any non-diesel fueled light-duty vehicle.
\3\ All light-duty vehicles shall meet the applicable emission standards at both low and high-altitudes according to the procedures specified in 40 CFR
  part 86 for current model year motor vehicles at the time of testing.
\4\ Specified in 40 CFR part 86 for the OP year of the vehicle, per 85.1515(c).


                                    Table 2--Emission Standards Applicable to Imported Light-Duty Trucks \1,2,3,4,5\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           Oxides of                            Diesel          Evaporative      Useful
             OP year                 Hydrocarbon      Carbon monoxide      nitrogen         Particulate       hydrocarbon      (years/miles)      life
--------------------------------------------------------------------------------------------------------------------------------------------------------
1968-78.........................  2.0 gpm            20 gpm            3.1 gpm           ................  6.0 g/test        5/50,000
1979-80.........................  1.7 gpm            18 gpm            2.3 gpm           ................  6.0 g/test        5/50,000
1981............................  1.7 gpm            18 gpm            2.3 gpm           ................  2.0 g/test        5/50,000
1982-83.........................  1.7 gpm            18 gpm            2.3 gpm           0.60 gpm          2.0 g/test        5/50,000
                                  (2.0)              (26)              (2.3)             (0.60)            (2.6)
1984............................  0.80 gpm           10 gpm            2.3 gpm           0.60 gpm          2.0 g/test        5/50,000
                                  (1.0)              (14)              (2.3)             (0.60)            (2.6)
1985-86.........................  0.80 gpm           10 gpm            2.3 gpm           0.60 gpm          2.0 g/test        11/120,000
                                  (1.0)              (14)              (2.3)             (0.60)            (2.6)
1987............................  0.80 gpm           10 gpm            2.3 gpm           0.26 gpm          2.0 g/test        11/120,000
                                  (1.0)              (14)              (2.3)             (0.26)            (2.6)
1988-89.........................  0.80 gpm           10 gpm            1.2 gpm\6\        0.26 gpm\7\       2.0 g/test        11/120,000
                                  (1.0)              (14)              (1.2)             (2.0)             (2.6)
                                  0.80 gpm           10 gpm            1.7 gpm\6\        0.45 gpm\7\       2.0 g/test        11/120,000
                                  (1.0)              (14)              (1.7)             (0.26)            (2.6)
                                  0.80 gpm           10 gpm            2.3 gpm\6\        0.45 gpm\7\       2.0 g/test        11/120,000
                                  (1.0)              (14)              (2.3)             (0.26)            (2.6)
1990-93.........................  0.80 gpm           10 gpm            1.2 gpm\8\        0.26 gpm\7\       2.0 g/test        11/120,000
                                  (1.0)              (14)              (1.2)             (0.26)            (2.6)
                                  0.80 gpm           10 gpm            1.7 gpm\8\        0.45 gpm\7\       2.0 g/test        11/120,000
                                  (1.0)              (14)              (1.7)             (0.26)            (2.6)
1994 and later..................  (\9\)              (\9\)             (\9\)             (\9\)             (\9\)             (\9\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Diesel particulate standards apply only to diesel fueled light-duty trucks. Evaporative hydrocarbon standards apply only to non-diesel fueled light-
  duty trucks. For alternative fueled light-duty trucks, the evaporative hydrocarbon standard is interpreted as organic material hydrocarbon equivalent
  grams carbon per test, as applicable.
\2\ No crankcase emissions shall be discharged into the ambient atmosphere from any non-diesel fueled light-duty truck.
\3\ A carbon monoxide standard of 0.50% of exhaust flow at curb idle is applicable to all 1984 and later model year light-duty trucks sold to, or owned
  by, an importer for principal use at other than a designated high-altitude location. This requirement is effective for light-duty trucks sold to, or
  owned by an importer for principal use at a designated high-altitude location beginning with the 1988 model year.
\4\ All 1982 OP year and later light-duty trucks sold to, or owned by, an importer for principal use at a designated high-altitude location shall meet
  high-altitude emission standards according to the requirements specified in 40 CFR part 86 for current model year light-duty trucks at the time of
  testing.
\5\ Standards in parentheses apply to motor vehicles sold to, or owned by, an importer for principal use at a designated high-altitude location. These
  standards must be met at high-altitude according to the procedures specified in 40 CFR part 86 for current model year motor vehicles at the time of
  testing.

[[Page 51]]

 
\6\ The oxides of nitrogen standard of 1.2 gpm applies to light-duty trucks up to and including 3,750 pounds loaded vehicle weight and 6,000 pounds or
  less gross vehicle weight the 1.7 gpm standard applies to light-duty trucks greater than 3,750 pound loaded vehicle weight and 6,000 pounds or less
  gross vehicle weight; the 2.3 gpm standard applies to light-duty trucks 6,001 pounds gross vehicle weight and greater.
\7\ The diesel particulate standard of 0.26 gpm applies to light-duty trucks up to and including 3,750 pounds loaded vehicle weight; the 0.45 gpm
  standard applies to light-duty trucks 3,751 pounds and greater loaded vehicle weight.
\8\ The oxides of nitrogen standard of 1.2 gpm applies to light-duty trucks up to and including 3,750 pounds loaded vehicle weight; the 1.7 gpm standard
  applies to light-duty trucks 3,751 pounds and greater loaded vehicle weight.
\9\ Specified in 40 CFR part 86 for the OP year of the vehicle, per 85.1515(c).


[61 FR 5842, Feb. 14, 1996, as amended at 62 FR 31232, June 6, 1997; 63 
FR 964, Jan. 7, 1998; 65 FR 6847, Feb. 10, 2000; 70 FR 40430, July 13, 
2005; 72 FR 8560, Apri. 27, 2007]

Subpart Q--[Reserved]



 Subpart R_Exclusion and Exemption of Motor Vehicles and Motor Vehicle 
                                 Engines

    Authority: Secs. 208(b)(1), 216(2), and 301, Clean Air Act (42 
U.S.C. 7522, 7550, and 7061).

    Source: 39 FR 32611, Sept. 10, 1974, unless otherwise noted.



Sec. 85.1701  General applicability.

    (a) The provisions of this subpart regarding exemption are 
applicable to new and in-use motor vehicles and motor vehicle engines.
    (b) The provisions of this subpart regarding exclusion are 
applicable after the effective date of these regulations.
    (c) References in this subpart to engine families and emission 
control systems shall be deemed to apply to durability groups and test 
groups as applicable for manufacturers certifying new light-duty 
vehicles, light-duty trucks, and Otto-cycle complete heavy-duty vehicles 
under the provisions of 40 CFR part 86, subpart S.

[39 FR 32611, Sept. 10, 1974, as amended at 64 FR 23919, May 4, 1999; 65 
FR 59943, Oct. 6, 2000]



Sec. 85.1702  Definitions.

    (a) As used in this subpart, all terms not defined herein shall have 
the meaning given them in the Act:
    (1) Export exemption means an exemption granted by statute under 
section 203(b)(3) of the Act for the purpose of exporting new motor 
vehicles or new motor vehicle engines.
    (2) National security exemption means an exemption which may be 
granted under section 203(b)(1) of the Act for the purpose of national 
security.
    (3) Pre-certification vehicle means an uncertified vehicle which a 
manufacturer employs in fleets from year to year in the ordinary course 
of business for product development, production method assessment, and 
market promotion purposes, but in a manner not involving lease or sale.
    (4) Pre-certification vehicle engine means an uncertified heavy-duty 
engine owned by a manufacturer and used in a manner not involving lease 
or sale in a vehicle employed from year to year in the ordinary course 
of business for product development, production method assessment and 
market promotion purposes.
    (5) Testing exemption means an exemption which may be granted under 
section 203(b)(1) for the purpose of research investigations, studies, 
demonstrations or training, but not including national security.

[39 FR 32611, Sept. 10, 1974, as amended at 45 FR 13733, Mar. 3, 1980; 
47 FR 30484, July 14, 1982]



Sec. 85.1703  Application of section 216(2).

    (a) For the purpose of determining the applicability of section 
216(2), a vehicle which is self-propelled and capable of transporting a 
person or persons or any material or any permanently or temporarily 
affixed apparatus shall be deemed a motor vehicle, unless any one or 
more of the criteria set forth below are met, in which case the vehicle 
shall be deemed not a motor vehicle and excluded from the operation of 
the Act:
    (1) The vehicle cannot exceed a maximum speed of 25 miles per hour 
over level, paved surfaces; or
    (2) The vehicle lacks features customarily associated with safe and 
practical street or highway use, such features including, but not being 
limited to, a reverse gear (except in the case of motorcycles), a 
differential, or safety features required by state and/or federal law; 
or

[[Page 52]]

    (3) The vehicle exhibits features which render its use on a street 
or highway unsafe, impractical, or highly unlikely, such features 
including, but not being limited to, tracked road contact means, an 
inordinate size, or features ordinarily associated with military combat 
or tactical vehicles such as armor and/or weaponry.
    (b) [Reserved]

[39 FR 32611, Sept. 10, 1974, as amended at 45 FR 13733, Mar. 3, 1980; 
73 FR 59178, Oct. 8, 2008]



Sec. 85.1704  Who may request an exemption.

    (a) Any person may request a testing exemption.
    (b) Any manufacturer may request a national security exemption under 
Sec. 85.1708.
    (c) For manufacturers, vehicles or engines for export purposes are 
exempt without application, subject to the provisions of Sec. 85.1709. 
For eligible manufacturers, as determined by Sec. 85.1706, vehicles or 
engines for pre-certification purposes are exempt without application, 
subject to the provisions of Sec. 85.1706(a).

[45 FR 13733, Mar. 3, 1980, as amended at 47 FR 30484, July 14, 1982]



Sec. 85.1705  Testing exemption.

    (a) Any person requesting a testing exemption must demonstrate the 
following:
    (1) That the proposed test program has a purpose which constitutes 
an appropriate basis for an exemption in accordance with section 
203(b)(1);
    (2) That the proposed test program necessitates the granting of an 
exemption;
    (3) That the proposed test program exhibits reasonableness in scope; 
and
    (4) That the proposed test program exhibits a degree of control 
consonant with the purpose of the program and the Environmental 
Protection Agency's (hereafter EPA) monitoring requirements. Paragraphs 
(b), (c), (d), and (e) of this section describe what constitutes a 
sufficient demonstration for each of the four above identified elements.
    (b) With respect to the purpose of the proposed test program, an 
appropriate purpose is one which is consistent with one or more of the 
bases for exemption set forth under section 203(b)(1), namely, research, 
investigations, studies, demonstrations, or training, but not including 
national security. A concise statement of purpose is a required item of 
information.
    (c) With respect to the necessity that an exemption be granted, 
necessity arises from an inability to achieve the stated purpose in a 
practicable manner without performing or causing to be performed one or 
more of the prohibited acts under section 203(a). In appropriate 
circumstances time constraints may be a sufficient basis for necessity, 
but the cost of certification alone, in the absence of extraordinary 
circumstances, is not a basis for necessity.
    (d) With respect to reasonableness, a test program must exhibit a 
duration of reasonable length and affect a reasonable number of vehicles 
or engines. In this regard, required items of information include:
    (1) An estimate of the program's duration;
    (2) The maximum number of vehicles or engines involved; and
    (e) With respect to control, the test program must incorporate 
procedures consistent with the purpose of the test and be capable of 
affording EPA monitoring capability. As a minimum, required items of 
information include:
    (1) The technical nature of the test;
    (2) The site of the test;
    (3) The time or mileage duration of the test;
    (4) The ownership arrangement with regard to the vehicles or engines 
involved in the test;
    (5) The intended final disposition of the vehicles or engines;
    (6) The manner in which vehicle identification numbers or the engine 
serial numbers will be identified, recorded, and made available; and
    (7) The means or procedure whereby test results will be recorded.
    (f) A manufacturer of new motor vehicles or new motor vehicle 
engines may request a testing exemption to cover any vehicles and/or 
engines intended for use in test programs planned

[[Page 53]]

or anticipated over the course of a subsequent one-year period. Unless 
otherwise required by the Director, Manufacturers Operations Division, a 
manufacturer requesting such an exemption need only furnish the 
information required by paragraphs (a)(1) and (d)(2) of this section 
along with a description of the recordkeeping and control procedures 
that will be employed to assure that the vehicles and/or engines are 
used for purposes consistent with section 203(b)(1).

[39 FR 32611, Sept. 10, 1974, as amended at 45 FR 13733, Mar. 3, 1980; 
47 FR 30484, July 14, 1982]



Sec. 85.1706  Pre-certification exemption.

    (a) Except as provided in paragraph (b) of this section, any pre-
certification vehicle or pre-certification vehicle engine, as defined by 
Sec. 85.1702(a) (3) or (4), is exempt from section 203(a), without 
application, if the manufacturer complies with the following terms and 
conditions:
    (1) The manufacturer shall create, maintain, and make available at 
reasonable times for review or copying by appropriate EPA employees 
records which provide each vehicle identification or engine serial 
number, indicate the use of the vehicle or engine on exempt status and 
indicate the final disposition of any vehicle or engine removed from 
exempt status; and
    (2) Unless the requirement is waived or an alternative procedure is 
approved by the Director, Manufacturers Operations Division, the 
manufacturer shall permanently affix to each vehicle or engine on exempt 
status in a readily visible portion of the engine compartment (on a 
readily visible portion of a heavy-duty engine or in a readily 
accessible position on a motorcycle) a label which cannot be removed 
without destruction or defacement and which states in the English 
language, in block letters and numerals of a color that contrasts with 
the background of the label, the following information:
    (i) The label heading: Emission Control Information;
    (ii) Full corporate name and trademark of manufacturer;
    (iii) Engine displacement, engine family identification and model 
year of vehicle or engine; or person or office to be contacted for 
further information about the vehicle or engine;
    (iv) The statement: THIS VEHICLE OR ENGINE IS EXEMPT FROM THE 
PROHIBITIONS OF SECTIONS 203(a)(1), (3) and (4) OF THE CLEAN AIR ACT, AS 
AMENDED.
    (3) No provision of paragraph (a)(2) of this section shall prevent a 
manufacturer from including any other information it desires on the 
label.
    (b) Any manufacturer that desires a pre-certification exemption and 
is in the business of importing, modifying or testing uncertified 
vehicles for resale under the provisions of 40 CFR 85.1501, et seq., 
must apply to the Director, Manufacturers Operations Division. The 
Director may require such manufacturers to submit information regarding 
the general nature of the fleet activities, the number of vehicles 
involved, and a demonstration that adequate record-keeping procedures 
for control purposes will be employed.

[47 FR 30484, July 14, 1982]



Sec. 85.1707  Display exemption.

    Where an uncertified vehicle or engine is a display vehicle or 
engine to be used solely for display purposes, will not be operated on 
the public streets or highways except for that operation incident and 
necessary to the display purpose, and will not be sold unless an 
applicable certificate of conformity has been received, no request for 
exemption of the vehicle or engine is necessary.

[39 FR 32611, Sept. 10, 1974. Redesignated and amended at 47 FR 30484, 
July 14, 1982]



Sec. 85.1708  National security exemption.

    A manufacturer requesting a national security exemption must state 
the purpose for which the exemption is required and the request must be 
endorsed by an agency of the Federal Government charged with 
responsibility for national defense.

[39 FR 32611, Sept. 10, 1974. Redesignated at 47 FR 30484, July 14, 
1982]



Sec. 85.1709  Export exemptions.

    (a) A new motor vehicle or new motor vehicle engine intended solely 
for export, and so labeled or tagged on the outside of the container and 
on the

[[Page 54]]

vehicle or engine itself, shall be subject to the provisions of section 
203(a) of the Act, unless the importing country has new motor vehicle 
emission standards which differ from the USEPA standards.
    (b) For the purpose of paragraph (a) of this section, a country 
having no standards, whatsoever, is deemed to be a country having 
emission standards which differ from USEPA standards.
    (c) EPA shall periodically publish in the Federal Register a list of 
foreign countries which have in force emissions standards identical to 
USEPA standards and have so notified EPA. New motor vehicles or new 
motor vehicle engines exported to such countries shall comply with USEPA 
certification regulations.
    (d) It is a condition of any exemption for the purpose of export 
under section 203(b)(3) of the Act, that such exemption shall be void ab 
initio with respect to a new motor vehicle or new motor vehicle engine 
intended solely for export where:
    (1) Such motor vehicle or motor vehicle engine is sold, or offered 
for sale, to an ultimate purchaser in the United States for purposes 
other than export; and
    (2) The motor vehicle or motor vehicle engine manufacturer had 
reason to believe that any such vehicle would be sold or offered for 
sale as described in paragraph (d)(1) of this section.

[39 FR 32611, Sept. 10, 1974. Redesignated at 47 FR 30484, July 14, 
1982]



Sec. 85.1710  Granting of exemptions.

    (a) If upon completion of the review of an exemption request, as 
required by Sec. Sec. 85.1705 and 85.1708, the granting of an exemption 
is deemed appropriate, a memorandum of exemption will be prepared and 
submitted to the person requesting the exemption. The memorandum will 
set forth the basis for the exemption, its scope, and such terms and 
conditions as are deemed necessary. Such terms and conditions will 
generally, include, but are not limited to, agreements by the applicant 
to conduct the exempt activity in the manner described to EPA, create 
and maintain adequate records accessible to EPA at reasonable times, 
employ labels for the exempt engines or vehicles setting forth the 
nature of the exemption, take appropriate measures to assure that the 
terms of the exemption are met, and advise EPA of the termination of the 
activity and the ultimate disposition of the vehicles or engines.
    (b) Any exemption granted pursuant to paragraph (a) of this section 
shall be deemed to cover any subject vehicle or engine only to the 
extent that the specified terms and conditions are complied with. A 
breach of any term or condition shall cause the exemption to be void ab 
initio with respect to any vehicle or engine. Consequently, the causing 
or the performing of an act prohibited under sections 203(a) (1) or (3) 
of the Clean Air Act other than in strict conformity with all terms and 
conditions of this exemption shall render the person to whom the 
exemption is granted, and any other person to whom the provisions of 
section 203 are applicable, liable to suit under sections 204 and 205 of 
the Act.

[39 FR 32611, Sept. 10, 1974, as amended at 45 FR 13733, Mar. 3, 1980. 
Redesignated and amended at 47 FR 30485, July 14, 1982]



Sec. 85.1711  Submission of exemption requests.

    Requests for exemption or furtheinformation concerning exemptions 
and/or the exemption request review procedure should be addressed to:

Director
Manufacturers Operations Division (EN-340)
Environmental Protection Agency
1200 Pennsylvania Ave., NW.,
Washington, DC 20460

[39 FR 32611, Sept. 10, 1974, as amended at 44 FR 61962, Oct. 29, 1979. 
Redesignated and amended at 47 FR 30485, July 14, 1982]



Sec. 85.1712  Treatment of confidential information.

    (a) Any person or manufacturer may assert that some or all of the 
information submitted pursuant to this subpart is entitled to 
confidential treatment as provided by 40 CFR part 2, subpart B.
    (b) Any claim of confidentiality must accompany the information at 
the time it is submitted to EPA.
    (c) To assert that information submitted pursuant to this subpart is 
confidential, a person or manufacturer

[[Page 55]]

must indicate clearly the items of information claimed confidential by 
marking, circling, bracketing, stamping, or otherwise specifying the 
confidential information. Furthermore, EPA requests, but does not 
require, that the submitter also provide a second copy of it submittal 
from which all confidential information has been deleted. If a need 
arises to publicly release nonconfidential information, EPA will assume 
that the submitter has accurately deleted the confidential information 
from this second copy.
    (d) If a claim is made that some or all of the information submitted 
pursuant to ths subpart is entitled to confidential treatment, the 
information covered by that confidentiality claim will be disclosed by 
the Administrator only to the extent and by means of the procedures set 
forth in part 2, subpart B, of this chapter.
    (e) Information provided without a claim of confidentiality at the 
time of submission may be made available to the public by EPA without 
further notice to the submitter, in accordance with 40 CFR 
2.204(c)(2)(i)(A).

[50 FR 34797, Aug. 27, 1985]



Sec. 85.1713  Delegated-assembly exemption.

    The provisions of 40 CFR 1068.261 related to shipping engines that 
are not yet in their certified configuration apply for manufacturers of 
heavy-duty highway engines starting in the 2010 model year, with the 
following exceptions and clarifications:
    (a) The relevant prohibitions are in Clean Air Act section 203 (42 
U.S.C. 7522), rather than 40 CFR 1068.101.
    (b) References to equipment should be understood as references to 
vehicles.
    (c) The provisions related to reduced auditing rates in 40 CFR 
1068.261(d)(3)(iii) apply starting with the 2014 model year.
    (d) The provisions related to supplemental labeling described in 40 
CFR 1068.261(c)(7)(i) and (ii) apply starting with the 2010 model year.
    (e) The engine's model year does not change based on the date the 
vehicle manufacturer adds the aftertreatment device.

[73 FR 59178, Oct. 8, 2008]



Sec. 85.1714  Replacement-engine exemption.

    (a) Engine manufacturers may use the provisions of 40 CFR 1068.240 
to exempt new replacement heavy-duty highway engines as specified in 
this section.
    (b) The following provisions from 40 CFR part 1068 apply for all 
complete and partially complete engines produced by an engine 
manufacturer choosing to produce any exempt replacement engines under 
this section:
    (1) The definition of engine in 40 CFR 1068.30.
    (2) The provisions of 40 CFR 1068.260 and 1068.262.
    (c) Notify us in writing that you intend to use the provisions of 
this section prior to producing such engines. An authorized 
representative of your company must approve and sign the notification. 
Your notification is considered to be your agreement to comply with all 
the requirements of this section.
    (d) Engine manufacturers choosing to use the provisions of this 
section may opt out by sending us written notice that they will no 
longer introduce into U.S. commerce engines exempted under this section.

[73 FR 59178, Oct. 8, 2008]



                      Subpart S_Recall Regulations

    Authority: Sec. 301(a), Clean Air Act, 81 Stat. 504, as amended by 
sec. 15(c), 84 Stat. 1713 (42 U.S.C. 1857g(a)). The regulations 
implement sec. 207(c) (1)-(2), Clean Air Act, 84 Stat. 1697 (42 U.S.C. 
1847f-5a(c)(1)-(2)); sec. 208(a), Clean Air Act, 81 Stat. 501, as 
renumbered by sec. 8(a), 84 Stat. 1694 (42 U.S.C. 1857f-6(a)).

    Source: 39 FR 44375, Dec. 23, 1974, unless otherwise noted.



Sec. 85.1801  Definitions.

    For the purposes of this subpart, except as otherwise provided, 
words shall be defined as provided for by sections 214 and 302 of the 
Clean Air Act, 42 U.S.C. 1857, as amended.
    (a) Act shall mean the Clean Air Act, 42 U.S.C. 1857, as amended.
    (b) Days shall mean calendar days.

[[Page 56]]



Sec. 85.1802  Notice to manufacturer of nonconformity; submission 
of Remedial Plan.

    (a) A manufacturer will be notified whenever the Administrator has 
determined that a substantial number of a class or category of vehicles 
or engines produced by that manufacturer, although properly maintained 
and used, do not conform to the regulations prescribed under section 202 
of the Act in effect during (and applicable to) the model year of such 
vehicle. The notification will include a description of each class or 
category of vehicles or engines encompassed by the determination of 
nonconformity, will give the factual basis for the determination of 
nonconformity (except information previously provided the manufacturer 
by the Agency), and will designate a date, no sooner than 45 days from 
the date of receipt of such notification, by which the manufacturer 
shall have submitted a plan to remedy the nonconformity.
    (b) Unless a hearing is requested pursuant to Sec. 85.1807, the 
remedial plan shall be submitted to the Administrator within the time 
limit specified in the Administrator's notification, provided that the 
Administrator may grant the manufacturer an extension upon good cause 
shown.
    (c) If a manufacturer requests a public hearing pursuant to Sec. 
85.1807, unless as a result of such hearing the Administrator withdraws 
his determination of nonconformity, the manufacturer shall submit the 
remedial plan within 30 days of the end of such hearing.

[39 FR 44375, Dec. 23, 1974, as amended at 42 FR 36456, July 15, 1977]



Sec. 85.1803  Remedial Plan.

    (a) When any manufacturer is notified by the Administrator that a 
substantial number of any class or category of vehicles or engines, 
although properly maintained and used, do not conform to the regulations 
(including emission standards) or family particulate emission limits, as 
defined in part 86 promulgated under section 202 of the Act and in 
effect during (and applicable to) the model year of such class or 
classes of vehicles or engines, the manufacturer shall submit a plan to 
the Administrator to remedy such nonconformity. The plan shall contain 
the following:
    (1) A description of each class or category of vehicle or engine to 
be recalled including the model year, the make, the model, and such 
other information as may be required to identify the vehicles or engines 
to be recalled.
    (2) A description of the specific modifications, alterations, 
repairs, corrections, adjustments or other changes to be made to bring 
the vehicles or engines into conformity including a brief summary of the 
data and technical studies which support the manufacturer's decision as 
to the particular remedial changes to be used in correcting the 
nonconformity.
    (3) A description of the method by which the manufacturer will 
determine the names and addresses of vehicle or engine owners.
    (4) A description of the proper maintenance or use, if any, upon 
which the manufacturer conditions eligibility for repair under the 
remedial plan, an explanation of the manufacturer's reasons for imposing 
any such condition, and a description of the proof to be required of a 
vehicle or engine owner to demonstrate compliance with any such 
condition. Eligibility may not be denied solely on the basis that the 
vehicle or engine owner used parts not manufactured by the original 
equipment vehicle manufacturer, or had repairs performed by outlets 
other than the vehicle manufacturer's franchised dealers. No maintenance 
or use condition may be imposed unless it is, in the judgement of the 
Administrator, demonstrably related to preventing the nonconformity.
    (5) A description of the procedure to be followed by vehicle or 
engine owners to obtain correction of the nonconformity. This shall 
include designation of the date on or after which the owner can have the 
nonconformity remedied, the time reasonably necessary to perform the 
labor required to correct the nonconformity, and the designation of 
facilities at which the nonconformity can be remedied: Provided, That 
repair shall be completed within a reasonable time designated by the 
Administrator from the date the owner first tenders his vehicle or 
engine after the date designated by the manufacturer as the

[[Page 57]]

date on or after which the owner can have the nonconformity remedied.
    (6) If some or all of the nonconforming vehicles or engines are to 
be remedied by persons other than dealers or authorized warranty agents 
of the manufacturer, a description of the class of persons other than 
dealers and authorized warranty agents of the manufacturer who will 
remedy the nonconformity, and a statement indicating that the 
participating members of the class will be properly equipped to perform 
such remedial action.
    (7) Three copies of the letters of notification to be sent to 
vehicle or engine owners.
    (8) A description of the system by which the manufacturer will 
assure that an adequate supply of parts will be available to perform the 
repair under the remedial plan including the date by which an adequate 
supply of parts will be available to initiate the repair campaign, the 
percentage of the total parts requirement of each person who is to 
perform the repair under the remedial plan to be shipped to initiate the 
campaign, and the method to be used to assure the supply remains both 
adequate and responsive to owner demand.
    (9) Three copies of all necessary instructions to be sent to those 
persons who are to perform the repair under the remedial plan.
    (10) A description of the impact of the proposed changes on fuel 
consumption, driveability, and safety of each class or category of 
vehicles or engines to be recalled and a brief summary of the data, 
technical studies, or engineering evaluations which support these 
conclusions.
    (11) Any other information, reports or data which the Administrator 
may reasonably determine is necessary to evaluate the remedial plan.
    (b)(1) Notification to vehicle or engine owners shall be made by 
first class mail or by such means as approved by the Administrator: 
Provided, That for good cause, the Administrator may require the use of 
certified mail to ensure an effective notification.
    (2) The manufacture shall use all reasonable means necessary to 
locate vehicle or engine owners: Provided, That for good cause, the 
Administrator may require the manufacturer to use motor vehicle 
registration lists as available from State or commercial sources to 
obtain the names and addresses of vehicle or engine owners to ensure an 
effective notification.
    (3) The Administrator reserves the right to require the manufacturer 
to send by first class mail or other reasonable means subsequent 
notification to vehicle or engine owners: Provided, That for good cause, 
the Administrator may require the use of certified mail to ensure an 
effectctive notification.
    (c)(1) The manufacturer shall require those who perform the repair 
under the remedial plan to affix a label to each vehicle or engine 
repaired or, when required, inspected under the remedial plan.
    (2) The label shall be placed in such location as approved by the 
Administrator consistent with State law and shall be fabricated of a 
material suitable for the location in which it is installed and which is 
not readily removable intact.
    (3) The label shall contain:
    (i) The recall campaign number; and
    (ii) A code designating the campaign facility at which the repair, 
or inspection for repair was performed.
    (4) The Administrator reserves the right to waive any or all of the 
requirements of this paragraph if he determines that they constitute an 
unwarranted burden to the manufacturer.
    (d) The Administrator may require the manufacturer to conduct tests 
on components and vehicles or engines incorporating a proposed change, 
repair, or modification reasonably designed and necessary to demonstrate 
the effectiveness of the change, repair, or modification.

    Note: An interpretive ruling regarding Sec. 85.1803 is published in 
appendix A to this subpart.

[39 FR 44375, Dec. 23, 1974, as amended at 40 FR 28067, July 3, 1975; 42 
FR 36456, July 15, 1977; 45 FR 36398, May 30, 1980; 48 FR 33462, July 
21, 1983]



Sec. 85.1804  Approval of Plan: Implementation.

    (a) If the Administrator finds that the remedial plan is designed 
and effective to correct the nonconformity, he will so notify the 
manufacturer in

[[Page 58]]

writing. If the remedial plan is not approved, the Administrator will 
provide the manufacturer notice of the disapproval and the reasons for 
the disapproval in writing.
    (b) Upon receipt of notice from the Administrator that the remedial 
plan has been approved, the manufacturer shall commence implementation 
of the approved plan. Notification of vehicle or engine owners shall be 
in accordance with requirements of this subpart and shall proceed as 
follows:
    (1) When no public hearing as described in Sec. 85.1807 is 
requested by the manufacturer, notification of vehicles or engine owners 
shall commence within 15 working days of the receipt by the manufacturer 
of the Administrator's approval unless otherwise specified by the 
Administrator.
    (2) When a public hearing as described in Sec. 85.1807 is held, 
unless as a result of such hearing the Administrator withdraws the 
determination of nonconformity, the Administrator shall, within 60 days 
after the completion of such hearing, order the manufacturer to provide 
prompt notification of such nonconformity.



Sec. 85.1805  Notification to vehicle or engine owners.

    (a) The notification of vehicle or engine owners shall contain the 
following:
    (1) The statement: ``The Administrator of the U.S. Environmental 
Protection Agency has determined that your vehicle or engine may be 
emitting pollutants in excess of the Federal emission standards or 
family particulate emission limits, as defined in part 86. These 
standards or family particulate emission limits, as defined in part 86 
were established to protect the public health or welfare from the 
dangers of air pollution.''
    (2) A statement that the nonconformity of any such vehicles or 
engines which have been, if required by the remedial plan, properly 
maintained and used, will be remedied at the expense of the 
manufacturer.
    (3) A description of the proper maintenance or use, if any, upon 
which the manufacturer conditions eligibility for repair under the 
remedial plan and a description of the proof to be required of a vehicle 
or engine owner to demonstrate compliance with such condition. 
Eligibility may not be denied solely on the basis that the vehicle or 
engine owner used parts not manufactured by the original equipment 
vehicle manufacturer, or had repairs performed by outlets other than the 
vehicle manufacturer's franchised dealers.
    (4) A clear description of the components which will be affected by 
the remedy and a general statement of the measures to be taken to 
correct the nonconformity.
    (5) A statement that such nonconformity if not repaired may cause 
the vehicle or engine to fail an emission inspection test when such 
tests are required under State or local law.
    (6) A description of the adverse affects, if any, that an 
uncorrected nonconformity would have on the performance or driveability 
of the vehicle or engine.
    (7) A description of the adverse affects, if any, that such 
nonconformity would have on the functions of other engine components.
    (8) A description of the procedure which the vehicle or engine owner 
should follow to obtain correction of the nonconformity. This shall 
include designation of the date on or after which the owner can have the 
nonconformity remedied, the time reasonably necessary to perform the 
labor required to correct the nonconformity, and the designation of 
facilities at which the nonconformity can be remedied.
    (9) A card to be used by a vehicle or engine owner in the event the 
vehicle or engine to be recalled has been sold. Such card should be 
addressed to the manufacturer and shall provide a space in which the 
owner may indicate the name and address of the person to whom the 
vehicle or engine was sold.
    (10) The statement: ``In order to ensure your full protection under 
the emission warranty made applicable to your (vehicle or engine) by 
Federal law, and your right to participate in future recalls, it is 
recommended that you have (vehicle or engine) serviced as soon as 
possible. Failure to do so could legally be determined to be a lack of 
proper maintenance of your (vehicle or engine).''

[[Page 59]]

    (b) No notice sent pursuant to paragraph (a) of this section nor any 
other contemporaneous communication sent to vehicle or engine owners or 
dealers shall contain any statement or implication that the 
nonconformity does not exist or that the nonconformity will not degrade 
air quality.
    (c) The manufacturer shall be informed of any other requirements 
pertaining to the notification under this section which the 
Administrator has determined are reasonable and necessary to ensure the 
effectiveness of the recall campaign.

[39 FR 44375, Dec. 23, 1974, as amended at 48 FR 33462, July 21, 1983]



Sec. 85.1806  Records and reports.

    (a) The manufacturer shall provide to the Administrator a copy of 
all communications which relate to the remedial plan directed to dealers 
and other persons who are to perform the repair under the remedial plan. 
Such copies shall be mailed to the Administrator contemporaneously with 
their transmission to dealers and other persons who are to perform the 
repair under the remedial plan.
    (b) The manufacturer shall provide for the establishment and 
maintenance of records to enable the Administrator to conduct a 
continuing analysis of the adequacy of the recall campaign. The records 
shall include, for each class or category of vehicle or engine, but need 
not be limited to, the following:
    (1) Recall campaign number as designated by the manufacturer.
    (2) Date owner notification was begun, and date completed.
    (3) Number of vehicles or engines involved in the recall campaign.
    (4) Number of vehicles or engines known or estimated to be affected 
by the nonconformity.
    (5) Number of vehicles or engines inspected pursuant to the remedial 
plan.
    (6) Number of inspected vehicles found to be affected by the 
nonconformity.
    (7) Number of vehicles actually receiving repair under the remedial 
plan.
    (8) Number of vehicles determined to be unavailable for inspection 
or repair under the remedial plan due to exportation, theft, scrapping 
or for other reasons (specify).
    (9) Number of vehicles or engines determined to be ineligible for 
remedial action due to a failure to properly maintain or use such 
vehicles or engines.
    (c) If the manufacturer determines that the original answers for 
paragraphs (b) (3) and (4) of this section are incorrect, revised 
figures and an explanatory note shall be submitted. Answers to 
paragraphs (b) (5), (6), (7), and (8), and (9) of this section shall be 
cumulative totals.
    (d) Unless otherwise directed by the Administrator, the information 
specified in paragraph (b) of this section shall be included in 
quarterly reports, with respect to each recall campaign, for six 
consecutive quarters beginning with the quarter in which the 
notification of owners was initiated, or until all nonconforming 
vehicles or engines involved in the campaign have been remedied, 
whichever occurs sooner. Such reports shall be submitted no later than 
25 working days after the close of each calendar quarter.
    (e) The manufacturer shall maintain in a form suitable for 
inspection, such as computer information storage devices or card files, 
lists of the names and addresses of vehicles or engine owners.
    (1) To whom notification was given;
    (2) Who received remedial repair or inspection under the remedial 
plan; and
    (3) When eligibility for repair is conditioned on proper maintenance 
or use, that were determined not to qualify for such remedial action.
    (f) The records described in paragraph (e) of this section shall be 
made available to the Administrator upon request.
    (g) The records and reports required by this section shall be 
retained for not less than 5 years.

[39 FR 44375, Dec. 23, 1974; 40 FR 3447, Jan. 22, 1975]



Sec. 85.1807  Public hearings.

    (a) Definitions. The following definitions shall be applicable to 
this section:
    (1) ``Hearing Clerk'' shall mean the Hearing Clerk of the 
Environmental Protection Agency.

[[Page 60]]

    (2) ``Intervener'' shall mean a person who files a petition to be 
made an intervener pursuant to paragraph (g) of this section and whose 
petition is approved.
    (3) ``Manufacturer'' refers to a manufacturer contesting a recall 
order directed at that manufacturer.
    (4) ``Party'' shall include the Environmental Protection Agency, the 
manufacturer, and any interveners.
    (5) ``Presiding Officer'' shall mean an Administrative Law Judge 
appointed pursuant to 5 U.S.C. 3105 (see also 5 CFR part 930 as 
amended).
    (6) ``Environmental Appeals Board'' shall mean the Board within the 
Agency described in Sec. 1.25 of this title. The Administrator 
delegates authority to the Environmental Appeals Board to issue final 
decisions in appeals filed under this subpart. Appeals directed to the 
Administrator, rather than to the Environmental Appeals Board, will not 
be considered. This delegation of authority to the Environmental Appeals 
Board does not preclude the Environmental Appeals Board from referring 
an appeal or a motion filed under this subpart to the Administrator for 
decision when the Environmental Appeals Board, in its discretion, deems 
it appropriate to do so. When an appeal or motion is referred to the 
Administrator, all parties shall be so notified and the rules in this 
part referring to the Environmental Appeals Board shall be interpreted 
as referring to the Administrator.
    (b) Request for public hearing. (1)(i) If the manufacturer disagrees 
with the Administrator's finding of nonconformity he may request a 
public hearing as described in this section. Requests for such a hearing 
shall be filed with the Administrator not later than 45 days after the 
receipt of the Administrator's notification of nonconformity unless 
otherwise specified by the Administrator. Two copies of such request 
shall simultaneously be served upon the Director of the Manufacturers 
Operations Division and two copies filed with the Hearing Clerk. Failure 
of the manufacturer to request a hearing within the time provided shall 
constitute a waiver of his right to such a hearing. In such a case, the 
manufacturer shall carry out the recall order as required by Sec. 
85.1803-6.
    (ii) Subsequent to the expiration of the period for requesting a 
hearing as of right, the Administrator may, in his discretion and for 
good cause shown, grant the manufacturer a hearing to contest the 
nonconformity.
    (2) The request for a public hearing shall contain:
    (i) A statement as to which classes or categories of vehicles or 
engines are to be the subject of the hearing;
    (ii) A concise statement of the issues to be raised by the 
manufacturer at the hearing for each class or category of engine or 
vehicle for which the manufacturer has requested the hearing; and
    (iii) A statement as to reasons the manufacturer believes he will 
prevail on the merits on each of the issues so raised.
    (3) A copy of all requests for public hearings shall be kept on file 
in the Office of the Hearing Clerk and shall be made available to the 
public during Agency business hours.
    (c) Filing and service. (1) An original and two copies of all 
documents or papers required or permitted to be filed pursuant to this 
section shall be filed with the Hearing Clerk. Filing shall be deemed 
timely if mailed, as determined by the postmark, to the Hearing Clerk 
within the time allowed by this section. If filing is to be accomplished 
by mailing, the documents shall be sent to the address set forth in the 
notice of public hearing as described in paragraph (f) of this section.
    (2) Except for requests to commence a hearing, at the same time a 
party files with the Hearing Clerk any additional issues for 
consideration at the hearing or any written testimony, documents, 
papers, exhibits, or materials, proposed to be introduced into evidence 
or papers filed in connection with any appeal, it shall serve upon all 
other parties copies thereof. A certificate of service shall be provided 
on or accompany each document or paper filed with the Hearing Clerk. 
Documents to be served upon the Director of the Manufacturers Operations 
Division shall be mailed to: Director, Manufacturers Operations 
Division, U.S. Environmental Protection Agency (EG-340), 1200 
Pennsylvania Ave., NW., WSM,

[[Page 61]]

Washington, DC 20460. Service by mail is complete upon mailing.
    (d) Time. (1) In computing any period of time prescribed or allowed 
by this section, except as otherwise provided, the day of the act or 
event from which the designated period of time begins to run shall not 
be included. Saturdays, Sundays, and Federal legal holidays shall be 
included in computing any such period allowed for the filing of any 
document or paper, except that when such period expires on a Saturday, 
Sunday, or Federal legal holiday, such period shall be extended to 
include the next following business day.
    (2) A prescribed period of time within which a party is required or 
permitted to do an act shall be computed from the time of service, 
except that when service is accomplished by mail, three days shall be 
added to the prescribed period.
    (e) Consolidation. The Administrator or the Presiding Officer in his 
discretion may consolidate two or more proceedings to be held under this 
section for the purpose of resolving one or more issues whenever it 
appears that such consolidation will expedite or simplify consideration 
of such issues. Consolidation shall not affect the right of any party to 
raise issues that could have been raised if consolidation had not 
occurred.
    (f) Notice of public hearings. (1) Notice of a public hearing under 
this section shall be given by publication in the Federal Register. 
Notice will be given at least 30 days prior to the commencement of such 
hearings.
    (2) The notice of a public hearing shall include the following 
information:
    (i) The purpose of the hearing and the legal authority under which 
the hearing is to be held;
    (ii) A brief summary of the Administrator's determination of 
nonconformity;
    (iii) A brief summary of the manufacturer's basis for contesting the 
Administrator's determination of nonconformity;
    (iv) Information regarding the time and location of the hearing and 
the address to which all documents required or permitted to be filed 
should be sent;
    (v) The address of the Hearing Clerk to whom all inquiries should be 
directed and with whom documents are required to be filed;
    (vi) A statement that all petitions to be made an intervener must be 
filed with the Hearing Clerk within 25 days from the date of the notice 
of public hearing and must conform to the requirements of paragraph (g) 
of this section.
    (3) The notice of public hearing shall be issued by the Assistant 
Administrator for Enforcement and General Counsel.
    (g) Interveners. (1) Any person desiring to intervene in a hearing 
to be held under section 207(c)(1) of the Act shall file a petition 
setting forth the facts and reasons why he thinks he should be permitted 
to intervene.
    (2) In passing upon a petition to intervene, the following factors, 
among other things, shall be considered by the Presiding Officer:
    (i) The nature of the petitioner's interest including the nature and 
the extent of the property, financial, environmental protection, or 
other interest of the petitioner;
    (ii) The effect of the order which may be entered in the proceeding 
on petitioner's interest;
    (iii) The extent to which the petitioner's interest will be 
represented by existing parties or may be protected by other means;
    (iv) The extent to which petitioner's participation may reasonably 
be expected to assist materially in the development of a complete 
record;
    (v) The effect of the intervention on the Agency's statutory 
mandate.
    (3) A petition to intervene must be filed within 25 days following 
the notice of public hearing under section 207(c) (1) of the Act and 
shall be served on all parties. Any opposition to such petition must be 
filed within five days of such service.
    (4) All petitions to be made an intervener shall be reviewed by the 
Presiding Officer using the criteria set forth in paragraph (g)(2) of 
this section and considering any oppositions to such petition. Where the 
petition demonstrates that the petitioner's interest

[[Page 62]]

is limited to particular issues, the Presiding Officer may, in granting 
such petition, limit petitioner's participation to those particular 
issues only.
    (5) If the Presiding Officer grants the petition with respect to any 
or all issues, he shall so notify, or direct the Hearing Clerk to 
notify, the petitioner and all parties. If the Presiding Officer denies 
the petition he shall so notify, or direct the Hearing Clerk to notify, 
the petitioner and all parties and shall briefly state the reasons why 
the petition was denied.
    (6) All petitions to be made an intervener shall include an 
agreement by the petitioner, and any person represented by the 
petitioner, to be subject to examination and cross-examination and to 
make any supporting and relevant records available at its own expense 
upon the request of the Presiding Officer, on his own motion or the 
motion of any party or other intervener. If the intervener fails to 
comply with any such request, the Presiding Officer may in his 
discretion, terminate his status as an intervener.
    (h) Intervention by motion. Following the expiration of the time 
prescribed in paragraph (g) of this section for the submission of 
petitions to intervene in a hearing, any person may file a motion with 
the Presiding Officer to intervene in a hearing. Such a motion must 
contain the information and commitments required by paragraphs (g) (2) 
and (6) of this section, and, in addition, must show that there is good 
cause for granting the motion and must contain a statement that the 
intervener shall be bound by agreements, arrangements, and other 
determinations which may have been made in the proceeding.
    (i) Amicus Curiae. Persons not parties to the proceedings wishing to 
file briefs may do so by leave of the Presiding Officer granted on 
motion. A motion for leave shall identify the interest of the applicant 
and shall state the reasons why the proposed amicus brief is desirable.
    (j) Presiding Officer. The Presiding Officer shall have the duty to 
conduct a fair and impartial hearing in accordance with 5 U.S.C. 554, 
556 and 557, to take all necessary action to avoid delay in the 
disposition of the proceedings and to maintain order. He shall have all 
power consistent with Agency rule and with the Administrative Procedure 
Act necessary to this end, including the following:
    (1) To administer oaths and affirmations;
    (2) To rule upon offers of proof and receive relevant evidence;
    (3) To regulate the course of the hearings and the conduct of the 
parties and their counsel therein;
    (4) To hold conferences for simplification of the issues or any 
other proper purpose;
    (5) To consider and rule upon all procedural and other motions 
appropriate in such proceedings;
    (6) To require the submission of direct testimony in written form 
with or without affidavit whenever, in the opinion of the Presiding 
Officer, oral testimony is not necessary for full and true disclosure of 
the facts. Testimony concerning the conduct and results of tests and 
inspections may be submitted in written form.
    (7) To enforce agreements and orders requiring access as authorized 
by law;
    (8) To require the filing of briefs on any matter on which he is 
required to rule;
    (9) To require any party or any witness, during the course of the 
hearing, to state his position on any issue;
    (10) To take or cause depositions to be taken whenever the ends of 
justice would be served thereby;
    (11) To make decisions or recommend decisions to resolve the 
disputed issues of the record of the hearing.
    (12) To issue, upon good cause shown, protective orders as described 
in paragraph (n) of this section.
    (k) Conferences. (1) At the discretion of the Presiding Officer, 
conferences may be held prior to or during any hearing. The Presiding 
Officer shall direct the Hearing Clerk to notify all parties and 
interveners of the time and location of any such conference. At the 
discretion of the Presiding Officer, persons other than parties may 
attend. At a conference the Presiding Officer may:
    (i) Obtain stipulations and admissions, receive requests and order 
depositions to be taken, identify disputed issues of fact and law, and 
require or

[[Page 63]]

allow the submission of written testimony from any witness or party;
    (ii) Set a hearing schedule for as many of the following as are 
deemed necessary by the Presiding Officer:
    (A) Oral and written statements;
    (B) Submission of written direct testimony as required or authorized 
by the Presiding Officer;
    (C) Oral direct and cross-examination of a witness where necessary 
as prescribed in paragraph (p) of this section;
    (D) Oral argument, if appropriate.
    (iii) Identify matters of which official notice may be taken;
    (iv) Consider limitation of the number of expert and other 
witnesses;
    (v) Consider the procedure to be followed at the hearing; and
    (vi) Consider any other matter that may expedite the hearing or aid 
in the disposition of the issue.
    (2) The results of any conference including all stipulations shall, 
if not transcribed, be summarized in writing by the Presiding Officer 
and made part of the record.
    (l) Primary discovery (exchange of witness lists and documents). (1) 
At a prehearing conference or within some reasonable time set by the 
Presiding Officer prior to the hearing, each party shall make available 
to the other parties the names of the expert and other witnesses the 
party expects to call, together with a brief summary of their expected 
testimony and a list of all documents and exhibits which the party 
expects to introduce into evidence. Thereafter, witnesses, documents, or 
exhibits may be added and summaries of expected testimony amended upon 
motion by a party.
    (2) The Presiding Officer, may, upon motion by a party or other 
person, and for good cause shown, by order (i) restrict or defer 
disclosure by a party of the name of a witness or a narrative summary of 
the expected testimony of a witness, and (ii) prescribe other 
appropriate measures to protect a witness. Any party affected by any 
such action shall have an adequate opportunity, once he learns the name 
of a witness and obtains the narrative summary of his expected 
testimony, to prepare for the presentation of his case.
    (m) Other discovery. (1) Except as so provided by paragraph (l) of 
this section, further discovery, under this paragraph, shall be 
permitted only upon determination by the Presiding Officer:
    (i) That such discovery will not in any way unreasonably delay the 
proceeding;
    (ii) That the information to be obtained is not obtainable 
voluntarily; and
    (iii) That such information has significant probative value. The 
Presiding Officer shall be guided by the procedures set forth in the 
Federal Rules of Civil Procedure, where practicable, and the precedents 
thereunder, except that no discovery shall be undertaken except upon 
order of the Presiding Officer or upon agreement of the parties.
    (2) The Presiding Officer shall order depositions upon oral 
questions only upon a showing of good cause and upon a finding that:
    (i) The information sought cannot be obtained by alternative 
methods; or
    (ii) There is a substantial reason to believe that relevant and 
probative evidence may otherwise not be preserved for presentation by a 
witness at the hearing.
    (3) Any party to the proceeding desiring an order of discovery shall 
make a motion or motions therefor. Such a motion shall set forth:
    (i) The circumstances warranting the taking of the discovery;
    (ii) The nature of the information expected to be discovered; and
    (iii) The proposed time and place where it will be taken. If the 
Presiding Officer determines the motion should be granted, he shall 
issue an order for the taking of such discovery together with the 
conditions and terms thereof.
    (4) Failure to comply with an order issued pursuant to this 
paragraph may lead to the inference that the information to be 
discovered would be adverse to the person or party from whom the 
information was sought.
    (n) Protective orders: in camera proceedings. (1) Upon motion by a 
party or by the person from whom discovery is sought, and upon a showing 
by the movant that the disclosure of the information to be discovered, 
or a particular part thereof, (other than emission data) would result in 
methods or processes entitled to protection as

[[Page 64]]

trade secrets of such person being divulged, the Presiding Officer may 
enter a protective order with respect to such material. Any protective 
order shall contain such terms governing the treatment of the 
information as may be appropriate under the circumstances to prevent 
disclosure outside the hearing: Provided, That the order shall state 
that the material shall be filed separately from other evidence and 
exhibits in the hearing. Disclosure shall be limited to parties to the 
hearing, their counsel and relevant technical consultants, and 
authorized representatives of the United States concerned with carrying 
out the Act. Except in the case of the government, disclosure may be 
limited to counsel to parties who shall not disclose such information to 
the parties themselves. Except in the case of the government, disclosure 
to a party or his counsel shall be conditioned on execution of a sworn 
statement that no disclosure of the information will be made to persons 
not entitled to receive it under the terms of the protective order. (No 
such provision is necessary where government employees are concerned 
because disclosure by them is subject to the terms of 18 U.S.C. 1905.)
    (2)(i) A party or person seeking a protective order may be permitted 
to make all or part of the required showing in camera. A record shall be 
made of such in camera proceedings. If the Presiding Officer enters a 
protective order following a showing in camera, the record of such 
showing shall be sealed and preserved and made available to the Agency 
or court in the event of appeal.
    (ii) Attendance at any in camera proceeding may be limited to the 
Presiding Officer, the Agency, and the person or party seeking the 
protective order.
    (3) Any party, subject to the terms and conditions of any protective 
order issued pursuant to paragraph (n)(1) of this section, desiring for 
the presentation of his case to make use of any in camera documents or 
testimony shall make application to the Presiding Officer by motion 
setting forth the justification therefor. The Presiding Officer, in 
granting any such motion, shall enter an order protecting the rights of 
the affected persons and parties and preventing unnecessary disclosure 
of such information, including the presentation of such information and 
oral testimony and cross-examination concerning it in executive session, 
as in his discretion is necessary and practicable.
    (4) In the submittal of proposed findings, briefs, or other papers, 
counsel for all parties shall make a good faith attempt to refrain from 
disclosing the specific details of in camera documents and testimony. 
This shall not preclude references in such proposed findings, briefs, or 
other papers to such documents or testimony including generalized 
statements based on their contents. To the extent that counsel consider 
it necessary to include specific details in their presentations, such 
data shall be incorporated in separate proposed findings, briefs, or 
other papers marked ``confidential'', which shall become part of the in 
camera record.
    (o) Motions. (1) All motions, except those made orally during the 
course of the hearing, shall be in writing and shall state with 
particularity the grounds therefor, shall set forth the relief or order 
sought, and shall be filed with the Hearing Clerk and served upon all 
parties.
    (2) Within ten days after service of any motion filed pursuant to 
this section, or within such other time as may be fixed by the 
Environmental Appeals Board or the Presiding Officer, as appropriate, 
any party may serve and file an answer to the motion. The movant shall, 
if requested by the Environmental Appeals Board or the Presiding 
Officer, as appropriate, serve and file reply papers within the time set 
by the request.
    (3) The Presiding Officer shall rule upon all motions filed or made 
prior to the filing of his decision or accelerated decision, as 
appropriate. The Environmental Appeals Board shall rule upon all motions 
filed prior to the appointment of a Presiding Officer and all motions 
filed after the filing of the decision of the Presiding Officer or 
accelerated decision. Oral argument of motions will be permitted only if 
the Presiding Officer or the Environmental

[[Page 65]]

Appeals Board, as appropriate, deems it necessary.
    (p) Evidence. (1) The official transcripts and exhibits, together 
with all papers and requests filed in the proceeding, shall constitute 
the record. Immaterial or irrelevant parts of an admissible document 
shall be segregated and excluded so far as practicable. Documents or 
parts thereof subject to a protective order under paragraph (n) of this 
section shall be segregated. Evidence may be received at the hearing 
even though inadmissible under the rules of evidence applicable to 
judicial proceedings. The weight to be given evidence shall be 
determined by its reliability and probative value.
    (2) The Presiding Officer shall allow the parties to examine and to 
crossexamine a witness to the extent that such examination and cross-
examination is necessary for a full and true disclosure of the facts.
    (3) Rulings of the Presiding Officer on the admissibility of 
evidence, the propriety of examination and cross-examination and other 
procedural matters shall appear in the record.
    (4) Parties shall automatically be presumed to have taken exception 
to an adverse ruling.
    (q) Interlocutory appeal. (1) An interlocutory appeal may be taken 
to the Environmental Appeals Board either (i) with the consent of the 
Presiding Officer and where he certifies on the record or in writing 
that the allowance of an interlocutory appeal is clearly necessary to 
prevent exceptional delay, expense or prejudice to any party or 
substantial detriment to the public interest, or (ii) absent the consent 
of the Presiding Officer, by permission of the Environmental Appeals 
Board.
    (2) Applications for interlocutory appeal of any ruling or order of 
the Presiding Officer may be filed with the Presiding Officer within 5 
days of the issuance of the ruling or order being appealed. Answers 
thereto by other parties may be filed within 5 days of the service of 
such applications.
    (3) The Presiding Officer shall rule on such applications within 5 
days of the filing of such application or answers thereto.
    (4) Applications to file such appeals absent consent of the 
Presiding Officer shall be filed with the Environmental Appeals Board 
within 5 days of the denial of any appeal by the Presiding Officer.
    (5) The Environmental Appeals Board will consider the merits of the 
appeal on the application and any answers thereto. No oral argument will 
be heard nor other briefs filed unless the Environmental Appeals Board 
directs otherwise.
    (6) Except under extraordinary circumstances as determined by the 
Presiding Officer, the taking of an interlocutory appeal will not stay 
the hearing.
    (r) Record. (1) Hearings shall be stenographically reported and 
transcribed, and the original transcript shall be part of the record and 
the sole official transcript. Copies of the record shall be filed with 
the Hearing Clerk and made available during Agency business hours for 
public inspection. Any person desiring a copy of the record of the 
hearing or any part thereof shall be entitled to the same upon payment 
of the cost thereof.
    (2) The official transcripts and exhibits, together with all papers 
and requests filed in the proceeding, shall constitute the record.
    (s) Proposed findings, conclusions. (1) Within 20 days of the close 
of the reception of evidence, or within such longer time as may be fixed 
by the Presiding Officer, any party may submit for the consideration of 
the Presiding Officer proposed findings of fact, conclusions of law, and 
a proposed rule or order, together with reasons therefor and briefs in 
support thereof. Such proposals shall be in writing, shall be served 
upon all parties, and shall contain adequate references to the record 
and authorities relied on.
    (2) The record shall show the Presiding Officer's ruling on the 
proposed findings and conclusions except when his order disposing of the 
proceeding otherwise informs the parties of the action taken by him 
thereon.
    (t) Decision of the Presiding Officer. (1) Unless extended by the 
Environmental Appeals Board, the Presiding Officer shall issue and file 
with the Hearing Clerk his decision within 30 days after

[[Page 66]]

the period for filing proposed findings as provided for in paragraph (s) 
of this section has expired.
    (2) The Presiding Officer's decision shall become the opinion of the 
Environmental Appeals Board (i) when no notice of intention to appeal as 
described in paragraph (u) of this section is filed, 30 days after the 
issuance thereof, unless in the interim the Environmental Appeals Board 
shall have taken action to review or stay the effective date of the 
decision; or (ii) when a notice of intention to appeal is filed but the 
appeal is not perfected as required by paragraph (u) of this section, 5 
days after the period allowed for perfection of an appeal has expired 
unless within that 5 day period, the Environmental Appeals Board shall 
have taken action to review or stay the effective date of the decision.
    (3) The Presiding Officer's decision shall include a statement of 
findings and conclusions, as well as the reasons or basis therefor, upon 
all the material issues of fact or law presented on the record and an 
appropriate rule or order. Such decision shall be supported by 
substantial evidence and based upon a consideration of the whole record.
    (4) At any time prior to the issuance of his decision, the Presiding 
Officer may reopen the proceeding for the reception of further evidence. 
Except for the correction of clerical errors, the jurisdiction of the 
Presiding Officer is terminated upon the issuance of his decision.
    (u) Appeal from the Decision of the Presiding Officer. (1) Any party 
to a proceeding may appeal the Presiding Officer's decision to the 
Environmental Appeals Board, Provided, That within 10 days after 
issuance of the Presiding Officer's decision such party files a notice 
of intention to appeal and an appeal brief within 30 days of such 
decision.
    (2) When an appeal is taken from the decision of the Presiding 
Officer, any party may file a brief with respect to such appeal. The 
brief shall be filed within 20 days of the date of the filing of the 
appellant's brief.
    (3) Any brief filed pursuant to this paragraph shall contain in the 
order indicated, the following:
    (i) A subject index of the matter in the brief, with page 
references, and a table of cases (alphabetically arranged), textbooks, 
statutes, and other material cited, with page references thereto;
    (ii) A specification of the issues intended to be urged;
    (iii) The argument presenting clearly the points of fact and law 
relied upon in support of the position taken on each issue, with 
specific page references to the record and the legal or other material 
relied upon; and
    (iv) A proposed form of rule or order for the Environmental Appeals 
Board's consideration if different from the rule or order contained in 
the Presiding Officer's decision.
    (4) No brief in excess of 40 pages shall be filed without leave of 
the Environmental Appeals Board.
    (5) Oral argument will be allowed in the discretion of the 
Environmental Appeals Board.
    (v) Review of the Presiding Officer's Decision in Absence of Appeal. 
(1) If, after the expiration of the period for taking an appeal as 
provided for by paragraph (u) of this section, no notice of intention to 
appeal the decision of the Presiding Officer has been filed, or if 
filed, not perfected, the Hearing Clerk shall so notify the 
Environmental Appeals Board.
    (2) The Environmental Appeals Board, upon receipt of notice from the 
Hearing Clerk that no notice of intention to appeal has been filed, or 
if filed, not perfected pursuant to paragraph (u) of this section, may, 
on its own motion, within the time limits specified in paragraph (t)(2) 
of this section, review the decision of the Presiding Officer. Notice of 
the intention of the Environmental Appeals Board to review the decision 
of the Presiding Officer shall be given to all parties and shall set 
forth the scope of such review and the issue which shall be considered 
and shall make provision for filing of briefs.
    (w) Decision on appeal or review. (1) Upon appeal from or review of 
the Presiding Officer's decision, the Environmental Appeals Board shall 
consider such parts of the record as are cited or as may be necessary to 
resolve the issues presented and, in addition shall

[[Page 67]]

to the extent necessary or desirable exercise all the powers which it 
could have exercised if it had presided at the hearing.
    (2) In rendering its decision, the Environmental Appeals Board shall 
adopt, modify, or set aside the findings, conclusions, and rule or order 
contained in the decision of the Presiding Officer and shall set forth 
in its decision a statement of the reasons or bases for its action.
    (3) In those cases where the Environmental Appeals Board determines 
that it should have further information or additional views of the 
parties as to the form and content of the rule or order to be issued, 
the Environmental Appeals Board, in its discretion, may withhold final 
action pending the receipt of such additional information or views, or 
may remand the case to the Presiding Officer.
    (x) Reconsideration. Within twenty (20) days after issuance of the 
Environmental Appeals Board's decision, any party may file with the 
Environmental Appeals Board a petition for reconsideration of such 
decision, setting forth the relief desired and the grounds in support 
thereof. Any petition filed under this subsection must be confined to 
new questions raised by the decision or the final order and upon which 
the petitioner had no opportunity to argue before the Presiding Officer 
or the Environmental Appeals Board. Any party desiring to oppose such a 
petition shall file and answer thereto within ten (10) days after the 
filing of the petition. The filing of a petition for reconsideration 
shall not operate to stay the effective date of the decision or order or 
to toll the running of any statutory time period affecting such decision 
or order unless specifically so ordered by the Environmental Appeals 
Board.
    (y) Accelerated decision: Dismissal. (1) The Presiding Officer, upon 
motion of any party or sua sponte, may at any time render an accelerated 
decision in favor of the Agency or the manufacturer as to all or any 
part of the proceeding, without further hearing or upon such limited 
additional evidence such as affidavits as he may require, or dismiss any 
party with prejudice, under any of the following conditions:
    (i) Failure to state a claim upon which relief can be granted, or 
direct or collateral estoppel;
    (ii) There is no genuine issue of material fact and a party is 
entitled to judgment as a matter of law; or
    (iii) Such other and further reasons as are just, including 
specifically failure to obey a procedural order of the Presiding 
Officer.
    (2) If under this paragraph an accelerated decision is issued as to 
all the issues and claims joined in the proceeding, the decision shall 
be treated for the purposes of these procedures as the decision of the 
Presiding Officer as provided in paragraph (p) of this section.
    (3) If under this paragraph, judgment is rendered on less than all 
issues or claims in the proceeding, the Presiding Officer shall 
determine what material facts exist without substantial controversy and 
what material facts are actually and in good faith controverted. He 
shall thereupon issue an order specifying the facts which appear without 
substantial controversy, and the issues and claims upon which the 
hearing will proceed.
    (z) Conclusion of hearing. (1) If, after the expiration of the 
period for taking an appeal as provided for by paragraph (u) of this 
section, no appeal has been taken from the Presiding Officer's decision, 
and, after the expiration of the period for review by the Environmental 
Appeals Board on its own motion as provided for by paragraph (v) of this 
section, the Environmental Appeals Board does not move to review such 
decision, the hearing will be deemed to have ended at the expiration of 
all periods allowed for such appeal and review.
    (2) If an appeal of the Presiding Officer's decision is taken 
pursuant to paragraph (u) of this section, or if, in the absence of such 
appeal, the Environmental Appeals Board moves to review the decision of 
the Presiding Officer pursuant to paragraph (v) of this section, the 
hearing will be deemed to have ended upon the rendering of a final 
decision by the Environmental Appeals Board.
    (aa) Judicial Review. (1) The Administrator hereby designates the 
Deputy General Counsel, Environmental Protection Agency as the officer 
upon

[[Page 68]]

whom copy of any petition for judicial review shall be served.
    Such officer shall be responsible for filing in the court the record 
on which the order of the Environmental Appeals Board is based.
    (2) Before forwarding the record to the court, the Agency shall 
advise the petitioner of costs of preparing it and as soon as payment to 
cover fees is made shall forward the record to the court.

[39 FR 44375, Dec. 23, 1974; 40 FR 3447, Jan. 22, 1975, as amended at 44 
FR 61962, Oct. 29, 1979; 57 FR 5329, Feb. 13, 1992]



Sec. 85.1808  Treatment of confidential information.

    (a) Any manufacturer may assert that some or all of the information 
submitted pursuant to this subpart is entitled to confidential treatment 
as provided by 40 CFR part 2, subpart B.
    (b) Any claim of confidentiality must accompany the information at 
the time it is submitted to EPA.
    (c) To assert that information submitted pursuant to this subpart is 
confidential, a person or manufacturer must indicate clearly the items 
of information claimed confidential by marking, circling bracketing, 
stamping, or otherwise specifying the confidential information. 
Furthermore, EPA requests, but does not require, that the submitter also 
provide a second copy of its submittal from which all confidential 
information has been deleted. If a need arises to publicly release 
nonconfidential information, EPA will assume that the submitter has 
accurately deleted the confidential information from this second copy.
    (d) If a claim is made that some or all of the information submitted 
pursuant to this subpart is entitled to confidential treatment, the 
information covered by that confidentiality claim will be disclosed by 
the Environmental Appeals Board only to the extent and by means of the 
procedures set forth in part 2, subpart B, of this chapter.
    (e) Information provided without a claim of confidentiality at the 
time of submission may be made available to the public by EPA without 
further notice to the submitter, in accordance with 40 CFR 
2.204(c)(2)(i)(A).

[50 FR 34797, Aug. 27, 1985, as amended at 57 FR 5330, Feb. 13, 1992]



Sec. Appendix A to Subpart S of Part 85--Interpretive Ruling for Sec. 
85.1803--Remedial Plans

    The purpose of this rule is to set forth EPA's interpretation 
regarding one aspect of a motor vehicle or motor vehicle engine 
manufacturer's recall liability under section 207(c)(1) of the Clean Air 
Act, 42 U.S.C. 7641(c)(1). This rule will provide guidance to vehicle 
and engine manufacturers to better enable them to submit acceptable 
remedial plans.
    Section 207(c)(1) requires the Administrator to base a recall order 
on a determination that a substantial number of in-use vehicles or 
engines within a given class or category of vehicles or engines, 
although properly maintained and used, fail to conform to the 
regulations prescribed under section 202 when in actual use throughout 
their useful lives. After making such a determination, he shall require 
the manufacturer to submit a plan to remedy the nonconformity of any 
such vehicles or engines. The plan shall provide that the manufacturer 
will remedy, at the manufacturer's expense, all properly maintained and 
used vehicles which experienced the nonconformity during their useful 
lives regardless of their age or mileage at the time of repair.

(Secs. 207 and 301(a), Clean Air Act, as amended, 42 U.S.C. 7541 and 
7601(a))

[45 FR 36398, May 30, 1980]



            Subpart T_Emission Defect Reporting Requirements

    Authority: Secs. 208(a) and 301(a), Clean Air Act, as amended (42 
U.S.C. 1857f-6(a) and 1857g(a)).

    Source: 42 FR 28128, June 2, 1977, unless otherwise noted.



Sec. 85.1901  Applicability.

    The requirements of this subpart shall be applicable to all 1972 and 
later model year vehicles and engines. The requirement to report 
emission-related defects affecting a given class or category of vehicles 
or engines shall remain applicable for five years from the end of the 
model year in which such vehicles or engines were manufactured.

[[Page 69]]



Sec. 85.1902  Definitions.

    For the purposes of this subpart and unless otherwise noted:
    (a) Act shall mean the Clean Air Act, 42 U.S.C. 1857, as amended.
    (b) The phrase emission-related defect shall mean a defect in 
design, materials, or workmanship in a device, system, or assembly 
described in the approved Application for Certification (required by 40 
CFR 86.1843-01 and 86.1844-01, 40 CFR 86.098-22 and like provisions of 
subpart A of this part and 40 CFR part 86) which affects any parameter 
or specification enumerated in appendix VIII of this part.
    (c) The phrase useful life shall be given the meaning ascribed to it 
by section 202(d) of the Act and regulations promulgated thereunder.
    (d) The phrase Voluntary Emissions Recall shall mean a repair, 
adjustment, or modification program voluntarily initiated and conducted 
by a manufacturer to remedy any emission-related defect for which direct 
notification of vehicle or engine owners has been provided.
    (e) The phrase ultimate purchaser shall be given the meaning 
ascribed to it by section 214 of the Act.
    (f) The term manufacturer shall be given the meaning ascribed to it 
by section 214 of the Act.

[42 FR 28128, June 2, 1977, as amended at 64 FR 23919, May 4, 1999]



Sec. 85.1903  Emissions defect information report.

    (a) A manufacturer shall file a defect information report whenever, 
on the basis of data obtained subsequent to the effective date of these 
regulations:
    (1) The manufacturer determines in accordance with procedures 
established by the manufacturer to identify safety related defects 
(pursuant to 15 U.S.C. 1381 et seq., as amended) that a specific 
emission-related defect exists; and
    (2) That the specific emission-related defect exists in twenty-five 
or more vehicles or engines of the same model year.

No report shall be filed under this paragraph for any emission-related 
defect corrected prior to the sale of the affected vehicles or engines 
to an ultimate purchaser.
    (b) Defect information reports required under paragraph (a) of this 
section shall be submitted not more than 15 working days after an 
emission-related defect is found to affect twenty-five vehicles or 
engines of the same model year. Items of information required by 
paragraph (c) of this section that are either not available within that 
period or are significantly revised shall be submitted as they become 
available.
    (c) Except as provided in paragraph (b) of this section, each defect 
report shall contain the following information in substantially the 
format outlined below:
    (1) The manufacturer's corporate name.
    (2) A description of the defect.
    (3) A description of each class or category of vehicles or engines 
potentially affected by the defect including make, model, model year, 
and such other information as may be required to identify the vehicles 
or engines affected.
    (4) For each class or category of vehicle or engine described in 
response to paragraph (c)(3) of this section, the following shall also 
be provided:
    (i) The number of vehicles or engines known or estimated to have the 
defect and an explanation of the means by which this number was 
determined.
    (ii) The address of the plant(s) at which the potentially defective 
vehicles or engines were produced.
    (5) An evaluation of the emissions impact of the defect and a 
description of any driveability problems which a defective vehicle might 
exhibit.
    (6) Available emissions data which relate to the defect.
    (7) An indication of any anticipated manufacturer follow-up.



Sec. 85.1904  Voluntary emissions recall report; quarterly reports.

    (a) When any manufacturer initiates a voluntary emissions recall 
campaign involving twenty-five or more vehicles or engines, the 
manufacturer shall submit a report describing the manufacturer's 
voluntary emissions recall plan as prescribed by this section within 15 
working days of the date owner notification was begun. The report shall 
contain the following:

[[Page 70]]

    (1) A description of each class or category of vehicle or engine 
recalled including the number of vehicles to be recalled, the model 
year, the make, the model, and such other information as may be required 
to identify the vehicles or engines recalled.
    (2) A description of the specific modifications, alterations, 
repairs, corrections, adjustments, or other changes to be made to 
correct the vehicles or engines affected by the emission-related defect.
    (3) A description of the method by which the manufacturer will 
determine the names and addresses of vehicle or engine owners and the 
method by which they will be notified.
    (4) A description of the proper maintenance or use, if any, upon 
which the manufacturer conditions eligibility for repair under the 
remedial plan, an explanation of the manufacturer's reasons for imposing 
any such condition, and a description of the proof to be required of a 
vehicle or engine owner to demonstrate compliance with any such 
condition.
    (5) A description of the procedure to be followed by vehicle or 
engine owners to obtain correction of the nonconformity. This shall 
include designation of the date on or after which the owner can have the 
nonconformity remedied, the time reasonably necessary to perform the 
labor to remedy the defect, and the designation of facilities at which 
the defect can be remedied.
    (6) If some or all of the nonconforming vehicles or engines are to 
be remedied by persons other than dealers or authorized warranty agents 
of the manufacturer, a description of the class of persons other than 
dealers and authorized warranty agents of the manufacturer who will 
remedy the defect.
    (7) Three copies of the letters of notification to be sent to 
vehicle or engine owners.
    (8) A description of the system by which the manufacturer will 
assure that an adequate supply of parts will be available to perform the 
repair under the remedial plan including the date by which an adequate 
supply of parts will be available to initiate the repair campaign, the 
percentage of the total parts requirement of each person who is to 
perform the repair under the remedial plan to be shipped to initiate the 
campaign, and the method to be used to assure the supply remains both 
adequate and responsive to owner demand.
    (9) Three copies of all necessary instructions to be sent to those 
persons who are to perform the repair under the remedial plan.
    (10) A description of the impact of the proposed changes on fuel 
consumption, driveability, and safety of each class or category of 
vehicles or engines to be recalled.
    (11) A sample of any label to be applied to vehicles or engines 
which participate in the voluntary recall campaign.
    (b) Unless otherwise specified by the Administrator, the 
manufacturer shall report on the progress of the recall campaign by 
submitting subsequent reports for six consecutive quarters commencing 
with the quarter after the voluntary emissions recall campaign actually 
begins. Such reports shall be submitted no later than 25 working days 
after the close of each calendar quarter. For each class or category of 
vehicle or engine subject to the voluntary emissions recall campaign, 
the quarterly report shall contain the:
    (1) Emission recall campaign number, if any, designated by the 
manufacturer.
    (2) Date owner notification was begun, and date completed.
    (3) Number of vehicles or engines involved in the voluntary 
emissions recall campaign.
    (4) Number of vehicles or engines known or estimated to be affected 
by the emission-related defect and an explanation of the means by which 
this number was determined.
    (5) Number of vehicles or engines inspected pursuant to the 
voluntary emissions recall plan.
    (6) Number of inspected vehicles found to be affected by the 
emission-related defect.
    (7) Number of vehicles actually receiving repair under the remedial 
plan.
    (8) Number of vehicles determined to be unavailable for inspection 
or repair under the remedial plan due to exportation, theft, scrapping, 
or for other reasons (specify).

[[Page 71]]

    (9) Number of vehicles or engines determined to be ineligible for 
remedial action due to a failure to properly maintain or use such 
vehicles or engines.
    (10) Three copies of any service bulletins transmitted to dealers 
which relate to the defect to be corrected and which have not previously 
been reported.
    (11) Three copies of all communications transmitted to vehicle or 
engine owners which relate to the defect to be corrected and which have 
not previously been submitted.
    (c) If the manufacturer determines that any of the information 
requested in paragraph (b) of this section has changed or was incorrect, 
revised information and an explanatory note shall be submitted. Answers 
to paragraphs (b)(5), (6), (7), (8), and (9) of this section shall be 
cumulative totals.
    (d) The manufacturer shall maintain in a form suitable for 
inspection, such as computer information storage devices or card files, 
the names and addresses of vehicles or engine owners:
    (1) To whom notification was given;
    (2) Who received remedial repair or inspection under the remedial 
plan; and
    (3) Who were determined not to qualify for such remedial action when 
eligibility is conditioned on proper maintenance or use.
    (e) The records described in paragraph (d) of this section shall be 
made available to the Administrator upon request.



Sec. 85.1905  Alternative report formats.

    (a) Any manufacturer may submit a plan for making either of the 
reports required by Sec. Sec. 85.1903 and 85.1904 on computer cards, 
magnetic tape or other machine readable format. The proposed plan shall 
be accompanied by sufficient technical detail to allow a determination 
that data requirements of these sections will be met and that the data 
in such format will be usable by EPA.
    (b) Upon approval by the Administrator of the proposed reporting 
system, the manufacturer may utilize such system until otherwise 
notified by the Administrator.



Sec. 85.1906  Report filing: Record retention.

    (a) The reports required by Sec. Sec. 85.1903 and 85.1904 shall be 
sent to: Director, Manufacturers Operations Division (EN 340), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460.
    (b) The information gathered by the manufacturer to compile the 
reports required by Sec. Sec. 85.1903 and 85.1904 shall be retained for 
not less than five years from the date of the manufacture of the 
vehicles or engines and shall be made available to duly authorized 
officials of the EPA upon request.

[42 FR 28128, June 2, 1977, as amended at 44 FR 61962, Oct. 29, 1979]



Sec. 85.1907  Responsibility under other legal provisions preserved.

    The filing of any report under the provisions of this subpart shall 
not affect a manufacturer's responsibility to file reports or 
applications, obtain approval, or give notice under any provision of 
law.



Sec. 85.1908  Disclaimer of production warranty applicability.

    (a) The act of filing an Emission Defect Information Report pursuant 
to Sec. 85.1903 is inconclusive as to the existence of a defect subject 
to the Production Warranty provided by section 207 (a) of the Act.
    (b) A manufacturer may include on each page of its Emission Defect 
Information Report a disclaimer stating that the filing of a Defect 
Information Report pursuant to these regulations is not conclusive as to 
the applicability of the Production Warranty provided by section 207(a) 
of the Act.



Sec. 85.1909  Treatment of confidential information.

    (a) Any manufacturer may assert that some or all of the information 
submitted pursuant to this subpart is entitled to confidential treatment 
as provided by 40 CFR part 2, subpart B.
    (b) Any claim of confidentiality must accompany the information at 
the time it is submitted to EPA.
    (c) To assert that information submitted pursuant to this subpart is 
confidential, a manufacturer must indicate clearly the items of 
information

[[Page 72]]

claimed confidential by marking, circling, bracketing, stamping, or 
otherwise specifying the confidential information. Furthermore, EPA 
requests, but does not require, that the submitter also provide a second 
copy of its submittal from which all confidential information has been 
deleted. If a need arises to publicly release nonconfidential 
information, EPA will assume that the submitter has accurately deleted 
all confidential information from this second copy.
    (d) If a claim is made that some or all of the information submitted 
pursuant to this subpart is entitled to confidential treatment, the 
information covered by that confidentiality claim will be disclosed by 
the Administrator only to the extent and by means of the procedures set 
forth in part 2, subpart B, of this chapter.
    (e) Information provided without a claim of confidentiality at the 
time of submission may be made available to the public by EPA without 
further notice to the submitter, in accordance with 40 CFR 
2.204(c)(2)(i)(A).

[50 FR 34798, Aug. 27, 1985]

Subpart U [Reserved]



Subpart V_Emissions Control System Performance Warranty Regulations and 
            Voluntary Aftermarket Part Certification Program

    Authority: Secs. 203, 207, 208, and 301(a), Clean Air Act, as 
amended (42 U.S.C. 7522, 7541, 7542, and 7601(a)).

    Source: 45 FR 34839, May 22, 1980, unless otherwise noted.



Sec. 85.2101  General applicability.

    (a) Sections 85.2101 through 85.2111 are applicable to all 1981 and 
later model year light-duty vehicles and light-duty trucks.
    (b) References in this subpart to engine families and emission 
control systems shall be deemed to apply to durability groups and test 
groups as applicable for manufacturers certifying new light-duty 
vehicles and light-duty trucks under the provisions of 40 CFR part 86, 
subpart S.

[64 FR 23919, May 4, 1999]



Sec. 85.2102  Definitions.

    (a) As used in Sec. Sec. 85.2101 through 85.2111 all terms not 
defined herein shall have the meaning given them in the Act:
    (1) Act means Part A of Title II of the Clean Air Act, 42 U.S.C. 
7421 et seq. (formerly 42 U.S.C. 1857 et seq.), as amended.
    (2) Office Director means the Director for the Office of Mobile 
Sources--Office of Air and Radiation of the Environmental Protection 
Agency or other authorized representative of the Office Director.
    (3) Certified part means a part certified in accordance with the 
aftermarket part certification regulations contained in this subpart.
    (4) Emission performance warranty means that warranty given pursuant 
to this subpart and section 207(b) of the Act.
    (5) Office Director-approved emission test or Emission Short Test 
means any test prescribed under 40 CFR 85.2201 et seq., and meeting all 
of the requirements thereunder.
    (6) Model year means the manufacturer's annual production period (as 
determined by the Office Director) which includes January 1 of such 
calendar year; however, if the manufacturer has no annual production 
period, the term ``model year'' shall mean the calendar year.
    (7) Original equipment part means a part present in or on a vehicle 
at the time the vehicle is sold to the ultimate purchaser, except for 
components installed by a dealer which are not manufactured by the 
vehicle manufacturer or are not installed at the direction of the 
vehicle manufacturer.
    (8) Owner means the original purchaser or any subsequent purchaser 
of a vehicle.
    (9) Owner's manual means the instruction booklet normally provided 
to the purchaser of a vehicle.
    (10) Useful life means that period established pursuant to section 
202(d) of the Act and regulations promulgated thereunder.

[[Page 73]]

    (11) Vehicle means a light duty vehicle or a light duty truck.
    (12) Warranty booklet means a booklet, separate from the owner's 
manual, containing all warranties provided with the vehicle.
    (13) Written instructions for proper maintenance and use means those 
maintenance and operation instructions specified in the owner's manual 
as being necessary to assure compliance of a vehicle with applicable 
emission standards for the useful life of the vehicle that are:
    (i) In accordance with the instructions specified for performance on 
the manufacturer's prototype vehicle used in certification (including 
those specified for vehicles used under special circumstances), and
    (ii) In compliance with the requirements of 40 CFR 86.094-38 or 
86.1808-01 (as appropriate for the applicable model year vehicle/engine 
classification); and
    (iii) In compliance with any other regulations promulgated by the 
Office Director governing maintenance and use instructions.
    (14) Emission related parts means those parts installed for the 
specific purpose of controlling emissions or those components, systems, 
or elements of design which must function properly to assure continued 
vehicle emission compliance.
    (15) Objective evidence of an emission related repair means all 
diagnostic information and data, the actual parts replaced during 
repair, and any other information directly used to support a warranty 
claim, or to support denial of such a claim.
    (16) Valid emission performance warranty claim means a claim in 
which there is no evidence that the vehicle had not been properly 
maintained and operated in accordance with manufacturer instructions, 
the vehicle failed to conform to applicable emission standards as 
measured by an Office Director-approved type of emission warranty test 
during its useful life and the owner is subject to sanction as a result 
of the test failure.
    (17) Reasonable expense means any expense incurred due to repair of 
a warranty failure caused by a non-original equipment certified part, 
including, but not limited to, all charges in any expense categories 
that would be considered payable by the involved vehicle manufacturer to 
its authorized dealer under a similar warranty situation where an 
original equipment part was the cause of the failure. Included in 
``reasonable expense'' are any additional costs incurred specifically 
due to the processing of a claim involving a certified aftermarket part 
or parts as covered in these regulations. The direct parts and labor 
expenses of carrying out repairs is immediately chargeable to the part 
manufacturer. All charges beyond the actual parts and labor repair 
expenses must be amortized over the number of claims and/or over a 
number of years in a manner that would be considered consistent with 
generally accepted accounting principles. These expense categories shall 
include but are not limited to the cost of labor, materials, record 
keeping, special handling, and billing as a result of replacement of a 
certified aftermarket part.
    (18) MOD Director means Director of Manufacturers Operations 
Division, Office of Mobile Sources--Office of Air and Radiation of the 
Environmental Protection Agency.

[45 FR 34839, May 22, 1980, as amended at 54 FR 32587, Aug. 8, 1989; 64 
FR 23919, May 4, 1999]



Sec. 85.2103  Emission performance warranty.

    (a) The manufacturer of each vehicle to which this subpart applies 
shall warrant in writing that if:
    (1) The vehicle is maintained and operated in accordance with the 
written instructions for proper maintenance and use and
    (2) The vehicle fails to conform at any time during its useful life 
to the applicable emission standards or family emission limits as 
determined by an EPA-approved emission test, and
    (3) Such nonconformity results or will result in the vehicle owner 
having to bear any penalty or other sanction (including the denial of 
the right to use the vehicle) under local, State or Federal law, then 
the manufacturer shall remedy the nonconformity at no cost to the owner; 
except that, if the vehicle has been in operation for more than 24

[[Page 74]]

months or 24,000 miles, the manufacturer shall be required to remedy 
only those nonconformities resulting from the failure of components 
which have been installed in or on the vehicle for the sole or primary 
purpose of reducing vehicle emissions and that were not in general use 
prior to model year 1968.
    (b) The warranty period shall begin on the date the vehicle is 
delivered to its ultimate purchaser, or if the vehicle is first placed 
in service as a ``demonstrator'' or ``company'' car prior to delivery, 
on the date it is first placed in service.

[45 FR 34839, May 22, 1980, as amended at 54 FR 32587, Aug. 8, 1989]



Sec. 85.2104  Owners' compliance with instructions for proper 
maintenance and use.

    (a) An emission performance warranty claim may be denied on the 
basis of noncompliance by a vehicle owner with the written instructions 
for proper maintenance and use.
    (b) When determining whether an owner has complied with the written 
instructions for proper maintenance and use, a vehicle manufacturer may 
require an owner to submit evidence of compliance only with those 
written maintenance instructions for which the manufacturer has an 
objective reason for believing:
    (1) Were not performed; and
    (2) If not performed could be the cause of the particular vehicle's 
exceeding applicable emission standards.
    (c) Evidence of compliance with a maintenance instruction may 
consist of:
    (1) A maintenance log book which has been validated at the 
approximate time or mileage intervals specified for service by someone 
who regularly engages in the business of servicing automobiles for the 
relevant maintenance instruction(s); or
    (2) A showing that the vehicle has been submitted for scheduled 
maintenance servicing at the approximate time or mileage intervals 
specified for service to someone who regularly engages in the business 
of servicing automobiles for the purpose of performing the relevant 
maintenance; or
    (3) A statement by the vehicle owner that he or she performed the 
maintenance at the approximate time or mileage interval specified 
including a showing,
    (i) That the owner purchased and used proper parts, and
    (ii) Upon request by the vehicle manufacturer, that the owner is 
able to perform the maintenance properly.
    (d) Except as provided in paragraph (e) of this section, the time/
mileage interval for scheduled maintenance services shall be the service 
interval specified for the part in the written instructions for proper 
maintenance and use.
    (e) For certified parts having a maintenance or replacement interval 
different from that specified in the written instructions for proper 
maintenance and use, the time/mileage interval shall be the service 
interval for which the part was certified.
    (f) The owner may perform maintenance or have maintenance performed 
more frequently then required in the maintenance instructions.
    (g) Except as provided in paragraph (h) of this section, a 
manufacturer may deny an emission performance warranty claim on the 
basis of noncompliance with the written instructions for proper 
maintenance and use only if:
    (1) An owner is not able to comply with a request by a manufacturer 
for evidence pursuant to paragraph (c) of this section; or
    (2) Notwithstanding the evidence presented pursuant to paragraph (c) 
of this section, the manufacturer is able to prove that the vehicle 
failed an emission short test because:
    (i) The vehicle was abused, or
    (ii) An instruction for the proper maintenance and use was performed 
in a manner resulting in a component's being improperly installed or a 
component or related parameter's being adjusted substantially outside of 
the manufacturer's specifications, or
    (iii) Unscheduled maintenance was performed on a vehicle which 
resulted in the removing or rendering inoperative of any component 
affecting the vehicle's emissions.
    (h) In no case may a manufacturer deny an emission performance 
warranty claim on the basis of:

[[Page 75]]

    (1) Warranty work or predelivery service performed by any facility 
authorized by the vehicle manufacturer to perform such work or service; 
or
    (2) Work performed in an emergency situation to rectify an unsafe 
condition, including an unsafe driveability condition, attributable to 
the manufacturer, provided the vehicle owner has taken steps to put the 
vehicle back in a conforming condition in a timely manner; or
    (3) The use of any uncertified part or non-compliance with any 
written instruction for proper maintenance and use which is not relevant 
to the reason that the vehicle failed to comply with applicable emission 
standards; or
    (4) Any cause attributable to the vehicle manufacturer; or
    (5) The use of any fuel which is commonly available in the 
geographical area in which the vehicle or engine is located, unless the 
written instructions for proper maintenance and use specify that the use 
of that fuel would adversely affect the emission control devices and 
systems of the vehicle, and there is commonly available information for 
the owner to identify the proper fuel to be used.

[45 FR 34839, May 22, 1980, as amended at 54 FR 32587, Aug. 8, 1989]



Sec. 85.2105  Aftermarket parts.

    (a) No valid emission performance warranty claim shall be denied on 
the basis of the use of a properly installed certified aftermarket part 
in the maintenance or repair of a vehicle. A vehicle manufacturer that 
honors a valid emission performance warranty claim involving a certified 
aftermarket part may seek reimbursement for reasonable expenses incurred 
in honoring the claim by following the warranty claim procedures listed 
in Sec. 85.2107(c).
    (b) Except as provided in Sec. 85.2104(h), a vehicle manufacturer 
may deny an emission performance warranty claim on the basis of an 
uncertified aftermarket part used in the maintenance or repair of a 
vehicle if the vehicle manufacturer can demonstrate that the vehicle's 
failure to meet emission standards was caused by use of the uncertified 
part. A warranty claim may be denied if the vehicle manufacturer submits 
a written document to the vehicle owner that the vehicle owner is unable 
or unwilling to refute. The document must:
    (1) Establish a causal connection between the emissions short test 
failure and use of the uncertified part, and,
    (2) Assert that:
    (i) Removal of the uncertified part and installation of any 
comparable certified or original equipment part previously removed or 
replaced during installation of the uncertified part will resolve the 
observed emissions failure in the vehicle, and/or
    (ii) Use of the uncertified part has caused subsequent damage to 
other specified certified components such that replacement of these 
components would also be necessary to resolve the observed vehicle 
emissions failure, and,
    (3) List all objective evidence as defined in Sec. 85.2102 that was 
used in the determination to deny warranty. This evidence must be made 
available to the vehicle owner or EPA upon request, and
    (c) A part not required to be replaced at a definite interval in 
accordance with the written instructions for maintenance and use shall 
be warranted for the full term of any warranty mandated by the Act. 
Instructions to replace a component only if checked and found to be 
operating below specification shall have no bearing on warrranty 
coverage, unless an owner did not follow such an instruction prior to 
the short test failure and noncompliance with that instruction caused 
the failure of another vehicle component relevant to the nonconformity.

[45 FR 34839, May 22, 1980, as amended at 54 FR 32587, Aug. 8, 1989]



Sec. 85.2106  Warranty claim procedures.

    (a) A claim under the emission performance warranty may be raised 
immediately upon the failure of an EPA-approved emission test if, as a 
result of that failure, an owner is required to take action of any kind 
in order to avoid imposition of a penalty or sanction. An owner need not 
suffer the loss of the right to use a vehicle, be fined, incur repair 
expenses, or actually bear any penalty or sanction to satisfy the 
requirement of Sec. 85.2103(a)(3). That requirement shall be met if a 
test failure

[[Page 76]]

sets a procedure in motion under which the owner will bear a penalty or 
sanction if a vehicle is not brought into conformity or repaired to some 
specified extent within some specified period of time.
    (b) A warranty claim may be submitted by bringing a vehicle to:
    (1) Any repair facility authorized by the vehicle manufacturer to 
service that model vehicle, or
    (2) Any repair facility authorized by the vehicle manufacturer to 
perform emission performance warranty repairs for that model vehicle.
    (c) To the extent required by any Federal or State law, whether 
statutory or common law, a vehicle manufacturer shall be required to 
provide a means for non-franchised repair facilities to perform emission 
performance warranty repairs.
    (d) The manufacturer of each vehicle to which the warranty is 
applicable shall establish procedures as to the manner in which a claim 
under the emission performance warranty is to be processed. The 
procedures shall:
    (1) Provide for a final decision by the vehicle manufacturer within 
a reasonable time, not to exceed 30 days from the time at which the 
vehicle is initially presented for repair or within the time period 
during which an owner is required by local, State or federal law to have 
the vehicle repaired without incurring further penalties or sanctions 
(whichever is shorter), unless a delay
    (i) Is requested by the vehicle owner, or
    (ii) Is caused by an event not attributable to the vehicle 
manufacturer or the warranty repair facility; and
    (2) Require that if the facility at which the vehicle is initially 
presented for repair is unable for any reason to honor the particular 
claim, then, unless this requirement is waived in writing by the vehicle 
owner, the repair facility shall forward the claim to an individual or 
office authorized to make emission performance warranty determinations 
for the manufacturer.
    (e) Within the time period specified in paragraph (d) of this 
section the manufacturer shall:
    (1) Notify the owner that it will honor the claim; or
    (2) Provide the owner, in writing, with an explanation of the basis 
upon which the claim is being denied; or
    (3) If the basis of the claim denial involves use of an uncertified 
part, provide the owner in writing with an explanation of the basis upon 
which the claim is being denied according to all criteria specified in 
Sec. 85.2105(b).
    (f) Failure to notify an owner within the required time period (as 
determined under paragraph (d) of this section) for reasons that are not 
attributable to the vehicle owner or events which are not beyond the 
control of the vehicle manufacturer or the repair facility, shall result 
in the vehicle manufacturer being responsible for repairing the 
warranted items free of charge to the vehicle owner.
    (g) The vehicle manufacturer shall incur all costs associated with a 
determination that an emission performance warranty claim is valid.

[45 FR 34839, May 22, 1980, as amended at 54 FR 32588, Aug. 8, 1989]



Sec. 85.2107  Warranty remedy.

    (a) The manufacturer's obligation under the emission performance 
warranty shall be to make all adjustments, repairs or replacements 
necessary to assure that the vehicle complies with applicable emission 
standards of the U.S. Environmental Protection Agency, that it will 
continue to comply for the remainder of its useful life (if proper 
maintenance and operation are continued), and that it will operate in a 
safe manner. The manufacturer shall bear all costs incurred as a result 
of the above obligation, except that after the first 24 months or 24,000 
miles (whichever first occurs) the manufacturer shall be responsible 
only for:
    (1) The adjustment, repair or replacement of those components which 
have been installed in or on a vehicle for the sole or primary purpose 
of reducing vehicle emissions, and which were not in general use prior 
to model year 1968; and
    (2) All other components which must be adjusted, repaired or 
replaced to enable a component repaired or replaced under paragraph 
(a)(1) of this section to perform properly.
    (b) Under the Emissions Performance Warranty, the manufacturer shall 
be

[[Page 77]]

liable for the total cost of the remedy for any vehicle validly 
presented for repair to any authorized service facility authorized by 
the vehicle manufacturer. State or local limitations as to the extent of 
the penalty or sanction imposed upon an owner of a failed vehicle shall 
have no bearing on this liability.
    (c) The remedy provided under paragraph (a) of this section shall 
include the repair or replacement of certified parts as required in 
Sec. 85.2105(a). To seek reimbursement from the involved certified 
aftermarket part manufacturer for reasonable expenses incurred due to 
the certified aftermarket parts determined to be the cause of a 
performance warranty failure, the vehicle manufacturer must:
    (1) Retain all parts replaced during the performance warranty 
repair, and
    (2) Follow the procedures laid out in Sec. 85.2117.
    (d) If a manufacturer is unable (for reasons not attributable to the 
vehicle owner or events beyond the control of the vehicle manufacturer 
or an authorized repair facility) to repair a vehicle within the time 
period specified under Sec. 85.2106(d) after the initial presentation 
of the vehicle to an authorized repair facility, then the owner shall be 
entitled to have the warranty remedy performed, at the expense of the 
manufacturer, by any repair facility of the owner's choosing.
    (e) The vehicle manufacturer may deny warranty for a failure caused 
by an uncertified part in accordance with the criteria in Sec. 85.2105.

[45 FR 34839, May 22, 1980, as amended at 54 FR 32588, Aug. 8, 1989]



Sec. 85.2108  Dealer certification.

    (a) Upon the delivery of each new light-duty motor vehicle, the 
dealer shall furnish to the purchaser a certificate which states that:
    (1) Based upon written notification furnished by the manufacturer, 
the dealer has knowledge that the vehicle is covered by an EPA 
Certificate of Conformity;
    (2) Based upon a visual inspection of emissions control devices, 
there are no apparent deficiencies in the installation of such devices 
by the manufacturer. The visual inspection required by this subsection 
is limited to those emission control devices or portions thereof which 
are visible without removal or adjustment of any component or system of 
the vehicle, whether emissions related or otherwise.
    (3) The dealer has performed all emission control system preparation 
required by the manufacturer prior to the sale of the vehicle, as set 
forth in the current predelivery service manual furnished by the 
manufacturer.
    (b) The certificate shall further state that if the vehicle fails an 
EPA-approved emission test prior to the expiration of three months or 
4,000 miles (whichever occurs first) from the date or mileage at the 
time of delivery of the vehicle to the ultimate purchaser, and the 
vehicle has been maintained and used in accordance with the written 
instructions for proper maintenance and use, then the vehicle 
manufacturer shall remedy the nonconformity under the emission 
performance warranty.
    (c) For the purpose of this section, the term emission control 
devices shall be limited to all devices installed on a vehicle for the 
sole or primary purpose of controlling vehicle emissions and which were 
not in general use prior to 1968.
    (d) A vehicle manufacturer shall provide the Sec. 85.2108 remedy 
free of charge to the vehicle owner for any vehicle which, although 
maintained in accordance with the written instructions for proper 
maintenance and use, fails an emission short test prior to the 
expiration of three months or 4,000 miles from the time of sale to the 
ultimate purchaser, without regard to whether a penalty or sanction is 
imposed because of the emissions short-test failure.
    (e) The dealer certification required by this section shall not be 
construed as either a representation or a warranty, express or implied, 
by the dealer that the emission control system or any part thereof is 
without defect nor that the system will properly perform.

[46 FR 38692, July 29, 1981]

[[Page 78]]



Sec. 85.2109  Inclusion of warranty provisions in owners' manuals 
and warranty booklets.

    (a) A manufacturer shall furnish with each new motor vehicle, a full 
explanation of the Emission Performance Warranty, including at a minimum 
the following information:
    (1) A basic statement of the coverage of the emissions performance 
warranty as set out in Sec. 85.2103. This shall be separated from any 
other warranty given by the manufacturer and shall be prefaced by the 
title ``Emissions Performance Warranty'' set in bold face type; and
    (2) A list of all items which are covered by the emission 
performance warranty for the full useful life of the vehicle. This list 
shall contain all components which have been installed in or on a 
vehicle solely or primarily for the purpose of reducing vehicle 
emissions, except those components which were in general use prior to 
model year 1968. All items listed pursuant to this subsection shall be 
described in the same manner as they are likely to be described on a 
service facility work receipt for that vehicle; and
    (3) A list or a reference to the location of the instructions for 
proper maintenance and use, together with the time and/or mileage 
interval at which such instructions are to be performed; and
    (4) An explanation of the effect that the use of certified parts 
will have on the emission performance warranty. This explanation shall 
comport with the provisions of Sec. 85.2105 (b) and (c), including a 
statement in boldface type that maintenance, replacement, or repair of 
the emission control devices and systems may be performed by any 
automotive repair establishment or individual using any certified part; 
and
    (5) Complete instructions as to when and how an owner may bring a 
claim under the emissions performance warranty, as governed by 
Sec. Sec. 85.2104 and 85.2106. These instructions shall include:
    (i) An explanation of the point in time at which a claim may be 
raised; and
    (ii) Complete procedures as to the manner in which a claim may be 
raised; and
    (iii) The provisions for manufacturer liability contained in Sec. 
85.2106(f) if the manufacturer fails to respond within the time period 
set in accordance with Sec. 85.2106(d);
    (6) An explanation that an owner may obtain further information 
concerning the emission performance warranty or that an owner may report 
violations of the terms of the Emission Performance Warranty by 
contacting the Director, Field Operations and Support Division (6406J), 
Environmental Protection Agency, 401 ``M'' Street, SW., Washington, DC 
20460 (Attention: Warranty Claim).
    (b) The warranty information shall be provided in the same document 
as other warranties provided with the vehicle.
    (c) If a separate warranty booklet is provided with the vehicle, the 
owner's manual shall contain, at a minimum, the following information:
    (1) A general list of all warranties covering the vehicle; and
    (2) A statement that detailed warranty information can be found in 
the warranty booklet.
    (d) If a separate warranty booklet is not provided with the vehicle, 
the information specified in paragraph (a) of this section shall be 
contained in the owner's manual.

[45 FR 34839, May 22, 1980, as amended at 58 FR 65554, Dec. 15, 1993]



Sec. 85.2110  Submission of owners' manuals and warranty statements 
to EPA.

    (a) The manufacturer of each vehicle to which this subpart applies 
shall submit a copy to EPA of both the owner's manual and warranty 
booklet (if applicable) for each model vehicle, except that, if the same 
warranty information is to be provided for more than one model vehicle, 
the manufacturer may submit copies for a single model vehicle with a 
statement that such copies are complete and accurate representation of 
the warranty information provided with all other specified models.
    (1) The owner's manuals and warranty booklets should be received by 
EPA 60 days prior to the introduction of the vehicle for sale.
    (2) If the manuals and warranty booklets are not in their final 
printed

[[Page 79]]

format 60 days prior to the introduction of the vehicle for sale, a 
manufacturer may submit the most recent draft at that time, provided 
that final versions are submitted within 15 days of the final printing.
    (b) All materials described in paragraph (a) of this section shall 
be sent to: Director, Field Operations and Support Division (6406J), 
Environmental Protection Agency, 401 ``M'' Street, SW., Washington, DC 
20460 (Attention: Warranty Booklet).

[45 FR 34839, May 22, 1980, as amended at 58 FR 65554, Dec. 15, 1993]



Sec. 85.2111  Warranty enforcement.

    The following acts are prohibited and may subject a manufacturer to 
up to a $32,500 civil penalty for each offense, except as noted in 
paragraph (d) of this section:
    (a) Selling or leasing a light duty vehicle without providing in 
writing the warranty information required by Sec. 85.2109;
    (b) Failing or refusing to comply with the terms and conditions of 
the Emission Performance Warranty with respect to any vehicle to which 
this subpart applies. Acts constituting such a failure or refusal shall 
include, but are not limited to, the following,
    (1) Failure to honor a valid warranty claim,
    (2) Performance of a warranty repair in a manner which cannot 
reasonably be expected to allow the vehicle to meet applicable emission 
standards for the remainder of its useful life,
    (3) Failure of a manufacturer to reimburse a dealer or other 
designated agent for performance of a vehicle repair made pursuant to 
this subpart, and
    (4) Failure of a manufacturer to supply a part necessary to perform 
a warranty repair within the time limit specified under Sec. 
85.2106(d), unless such failure is for a reason not attributable to the 
vehicle manufacturer or the warranty repair facility;
    (c) To provide directly or indirectly in any communication to the 
ultimate purchaser or any subsequent purchaser that the emission 
performance warranty coverage is conditioned upon the use of any name 
brand part, component, or system or upon service (other than a component 
or service provided without charge under the terms of the purchase 
agreement), unless the communication is made pursuant to a written 
waiver by the Office Director.
    (d) The maximum penalty value listed in this section is shown for 
calendar year 2004. Maximum penalty limits for later years may be 
adjusted based on the Consumer Price Index. The specific regulatory 
provisions for changing the maximum penalties, published in 40 CFR part 
19, reference the applicable U.S. Code citation on which the prohibited 
action is based.

[45 FR 34839, May 22, 1980, as amended at 58 FR 65554, Dec. 15, 1993; 70 
FR 40432, July 13, 2005]



Sec. 85.2112  Applicability.

    The provisions of Sec. Sec. 85.2112 through 85.2122 apply to 
emission related automotive aftermarket parts which are to be installed 
in or on 1968 and later model year light-duty vehicles and light-duty 
trucks.

[54 FR 32588, Aug. 8, 1989]



Sec. 85.2113  Definitions.

    As used in this subpart, all terms not defined shall have the 
meaning given them in the Act:
    (a) Act means Part A of Title II of the Clean Air Act, 42 U.S.C. 
7421 et seq. (formerly 42 U.S.C. 1857 et seq.) as amended.
    (b) Aftermarket part means any part offered for sale for 
installation in or on a motor vehicle after such vehicle has left the 
vehicle manufacturer's production line.
    (c) Aftermarket part manufacturer means:
    (1) A manufacturer of an aftermarket part or,
    (2) A party that markets aftermarket parts under its own brand name, 
or,
    (3) A rebuilder of original equipment or aftermarket parts, or
    (4) A party that licenses others to sell its parts.
    (d) Agency means the Environmental Protection Agency.
    (e) Certified aftermarket part means any aftermarket part which has 
been certified pursuant to this subpart.

[[Page 80]]

    (f) Emission warranty means those warranties given by vehicle 
manufacturers pursuant to section 207 of the Act.
    (g) Emission-critical parameters means those critical parameters and 
tolerances which, if equivalent from one part to another, will not cause 
the vehicle to exceed applicable emission standards with such parts 
installed.
    (h) Engine family means the basic classification unit of a vehicle's 
product line for a single model year used for the purpose of emission-
data vehicle or engine selection and as determined in accordance with 40 
CFR 86.078-24.
    (i) Vehicle or engine configuration means the specific 
subclassification unit of an engine family or certified part application 
group as determined by engine displacement, fuel system, engine code, 
transmission and inertia weight class, as applicable.
    (j) Certification vehicle emission margin for a certified engine 
family means the difference between the EPA emission standards and the 
average FTP emission test results of that engine family's emission-data 
vehicles at the projected applicable useful life mileage point (i.e., 
useful life mileage for light-duty vehicles is 50,000 miles and for 
light-duty trucks is 120,000 miles for 1985 and later model years or 
50,000 miles for 1984 and earlier model years).
    (k) Applications means all vehicle or engine configurations for 
which one part is being certified as set forth in the aftermarket part 
manufacturer's notification of intent to certify pursuant to Sec. 
85.2115(a)(1).

[45 FR 78458, Nov. 25, 1980, as amended at 54 FR 32588, Aug. 8, 1989]



Sec. 85.2114  Basis of certification.

    (a) Prior to certifying, the aftermarket part manufacturer must 
determine:
    (1) Whether the part to be certified is an emission related part as 
defined in Sec. 85.2102. The MOD Director shall deny certification to 
any parts which he or she determines is not an emission related part.
    (2) The vehicle or engine configurations for which this part is 
being certified. These are the vehicle and engine designs for which the 
aftermarket part manufacturer intends to sell the certified aftermarket 
part.
    (3) Whether the part qualifies under one of the part categories, 
listed in Sec. 85.2122 of this subpart that are eligible to certify 
using emission critical parameters and, if so, whether the manufacturer 
elects to demonstrate certification using emission critical parameters. 
An aftermarket part may be certified under this category only if the 
part's emission-critical parameters, as set forth in Sec. 85.2122, are 
equivalent to those of the original equipment or previously certified 
part it is to replace. Compliance with the emission-critical parameters 
discussed in paragraph (b) of this section may be demonstrated by 
compliance with the relevant test procedures and criteria specified in 
appendix I to this subpart. The requirements of this paragraph apply to 
all on-road vehicles and engines. Alternatively, the manufacturer may 
elect to demonstrate certification compliance according to the emission 
test procedures described in paragraph (c) of this section.
    (b) For parts eligible to certify using emission-critical 
parameters, certification compliance can be demonstrated as follows. (1) 
The durability procedure contained in appendix I to this subpart can be 
used. As an alternative, the aftermarket part manufacturer may use a 
different durability procedure if it can demonstrate to the MOD Director 
that the alternative procedure results in an improved technical 
evaluation of the part's influence on vehicle or engine emissions for 
its useful life mileage interval, or results in a significant cost 
savings to the aftermarket part manufacturer with no loss in technical 
validity compared to the recommended durability procedure. The 
aftermarket part manufacturer shall receive the written approval from 
the MOD Director prior to implementation of the alternative procedures.
    (2) Compliance with certification requirements is based on 
conformance with all emission-critical parameters in Sec. 85.2122. This 
shall be accomplished by performing such procedures, tests, or analyses 
described in appendix I, or other procedures subject to the MOD 
Director's approval, necessary to ascertain with a high degree of 
certainty the

[[Page 81]]

emission-critical parameter specifications and tolerances for the 
aftermarket part and the original equipment or previously certified part 
for which an equivalent aftermarket certified part is to be used.
    (i) If information is available in appendix I of this subpart to 
identify the applicable emission-critical parameters, the aftermarket 
part certifier must use such information.
    (ii) If sampling and analysis of original equipment or previously 
certified parts is relied upon, the aftermarket part certifier must use 
sound statistical sampling techniques to ascertain the mean and range of 
the applicable emission parameters.
    (iii) If an aftermarket part replaces more than one part on the same 
application, it may be certified only if the aftermarket part meets the 
applicable emission-critical parameters of Sec. 85.2122 for each part 
or parts which the aftermarket part is to replace. If an aftermarket 
part is to replace more than one part or an entire system, compliance 
must be demonstrated for all emission-critical parameters involved, 
except those which relate solely to the interface between the parts 
being replaced by the aftermarket part.
    (c) For parts certifying on the basis of emission test results, 
durability demonstration testing shall be conducted as follows. (1) 
Prior to certification emission testing, the actual aftermarket part 
used for certification testing must meet the durability demonstration 
requirements of this paragraph for at least the part's useful life 
mileage interval.
    (i) If an original equipment part has no scheduled replacement 
interval, then the useful life mileage interval of the aftermarket part 
of that type or which replaces the function of that part may be 
certified with a service interval less than the useful life of the motor 
vehicle or motor vehicle engine, or
    (ii) If any provision of 40 CFR part 86 establishes a minimum 
replacement or service interval for an original equipment part during 
vehicle or engine certification, then the useful life mileage interval 
of the aftermarket part of that type or which replaces the function of 
that part is said minimum interval.
    (2) The part manufacturer must decide whether it can demonstrate to 
the MOD Director that, during normal vehicle operation, the candidate 
part will not accelerate deterioration of any original equipment 
emission related parts. This demonstration must be based on technical 
rationale that shows that the candidate part has no significant physical 
or operational effect on any original emission components or system 
which would be different than that experienced by the vehicle operating 
with all original equipment emission system parts. The part's effect on 
each major emission system must be addressed separately in the 
demonstration.
    (i) If the aftermarket part to be certified accelerates 
deterioration of any existing emission related parts then certification 
shall be carried out as specified under the paragraph (c)(3) of this 
section for parts that accelerate deterioration of existing emission 
related parts.
    (ii) If the aftermarket part manufacturer can demonstrate that the 
part to be certified will not accelerate deterioration of any existing 
emission related components, then the manufacturer can certify according 
to paragraph (c)(4) in this section for parts demonstrated to not 
accelerate deterioration of existing emission related parts.
    (3) For aftermarket parts that accelerate deterioration of existing 
emission related parts during normal operation. (i) The aftermarket test 
part can be installed on the durability test vehicle and aged for 50,000 
miles using the vehicle durability driving schedules contained in part 
86, appendix IV. As an alternative, the aftermarket part manufacturer 
may use a different durability procedure if it can demonstrate to the 
MOD Director that the alternative procedure results in an improved 
technical evaluation of the part's influence on vehicle or engine 
emissions for the part's useful life mileage interval, or results in a 
significant cost savings to the aftermarket part manufacturer with no 
loss in technical validity compared to the recommended durability 
schedules in part 86, appendix IV. The aftermarket part manufacturer 
shall receive the written approval from the

[[Page 82]]

MOD Director prior to implementation of the alternative procedures.
    Note: At the time of certification emission testing, the same part 
and vehicle combination used for mileage accumulation shall be used for 
emission testing.
    (ii) Where the comparable original equipment part has a recommended 
replacement interval of less than 50,000 miles, the test part shall be 
replaced no sooner than its useful life mileage interval during the 
required 50,000 mile durability demonstration.
    Note: At the time of certification emission testing, one of the 
aftermarket parts that accumulated at least its useful life mileage 
during the aging process under this paragraph shall be installed on the 
durability test vehicle that has accumulated 50,000 miles.
    (4) For aftermarket parts demonstrated not to accelerate 
deterioration on existing emission related parts during normal 
operation, the part manufacturer must determine whether the part will 
cause a noticeable change in vehicle driveability.
    (i) Parts that cause no noticeable change in vehicle driveability, 
performance, and/or fuel economy when the part fails, the durability 
driving schedules contained in part 86, appendix IV can be used. As an 
alternative, the aftermarket part manufacturer may use a different 
durability procedure if it can demonstrate to the MOD Director that the 
alternative procedure results in an improved technical evaluation of the 
part's influence on vehicle or engine emissions for its useful life 
mileage interval, or results in a significant cost savings to the 
aftermarket part manufacturer with no loss in technical validity 
compared to the durability schedules in part 86, appendix IV. The 
aftermarket part manufacturer shall receive the written approval from 
the MOD Director prior to implementation of the alternative procedures.
    (ii) Parts demonstrated to cause a noticeable change in vehicle 
driveability, performance, and/or fuel economy when the part fails, are 
exempt from aging if the part manufacturer can demonstrate to the MOD 
Director that the primary failure mode of the aftermarket component or 
system affects the driveability, performance, and/or fuel economy of the 
vehicle at a level readily detectable by the driver and likely to result 
in near term repair of failing components and correction of the 
emissions failure. (Use of on-board diagnostics and malfunction 
indicators as covered in paragraph (g) of this section is not 
necessarily an adequate demonstration that the certified part will be 
replaced. The part manufacturer must demonstrate that the diagnostic and 
malfunction indicator system will routinely result in repair or 
replacement of the part in use).
    (5) For parts which only affect evaporative emissions performance, 
the aftermarket part manufacturer shall determine and demonstrate to the 
MOD Director the appropriate durability procedure to age its part. The 
demonstration shall include all documentation, analyses, and test 
results that support this determination, and the documentation that 
support the durability procedure results shall be submitted with the 
notification of intent to certify as per Sec. 85.2115 and is subject to 
MOD Director's review.
    (6) Durability demonstration vehicle selection. The demonstration 
vehicle used must represent the ``worst case'' of all the configurations 
for which the aftermarket part is being certified. The worst case 
configuration shall be that configuration which will likely cause the 
most deterioration in the performance characteristics of the aftermarket 
part which influence emissions during the part's useful life mileage. 
The worst case configuration shall be selected from among those 
configurations for which the aftermarket part is to be certified. One of 
the following two methods shall be used to select the worst case 
durability demonstration vehicle(s):
    (i) In the first method, the selection shall be based on a technical 
judgment by the aftermarket part manufacturer of the impact of the 
particular design, or calibration of a particular parameter or 
combination of parameters, and/or an analysis of appropriate data, or
    (ii) In the second alternative method, the selection shall be made 
from among those vehicle configurations with the heaviest equivalent 
test weight, and within that group, the largest displacement engine.

[[Page 83]]

    (d) For parts certifying on the basis of emission test results, 
certification compliance shall be demonstrated as follows. (1) The 
emission test to be used is the Federal Test Procedure as set forth in 
the applicable portions of 40 CFR part 86. Certification emission 
testing must be carried out using representative production aftermarket 
parts as provided in paragraph (e) of this section. The test results 
must demonstrate that the proper installation of the certified 
aftermarket part will not cause the vehicle to fail to meet any 
applicable Federal emission requirements under section 202 of the Act.
    (2) The following portions of the Federal Test Procedure are not 
required to be performed when certifying a part using emission testing:
    (i) The evaporative emissions portion, if the aftermarket 
manufacturer has an adequate technical basis for believing that the part 
has no effect on the vehicle's evaporative emissions;
    (ii) The exhaust emissions portion, if the part manufacturer has an 
adequate technical basis for believing that the part has no affect on 
the vehicle's exhaust emissions; and
    (iii) Other portions therein which the part manufacturer believes 
are not relevant; Provided, That the part manufacturer has requested and 
been granted a waiver in writing by the MOD Director for excluding such 
portion.
    (3) Exhaust Emission Testing. Certification exhaust emission testing 
for aftermarket parts shall be carried out in the following manner:
    (i) For light duty vehicle parts that accelerate deterioration of 
existing emission related parts, at least one emission test is required. 
The test(s) shall be performed according to the Federal Test Procedure 
on the same test vehicle and aftermarket part combination that was 
previously aged as required. The results of all tests performed shall be 
averaged for each emission constituent. The average values shall meet 
all applicable Federal emission requirements under section 202 of the 
Act.
    (A) For aftermarket parts where the comparable original equipment 
part has no recommended replacement interval, the same part and vehicle 
combination used for the durability demonstration shall be used for 
certification exhaust emission testing.
    (B) For aftermarket parts where the comparable original equipment 
part has a recommended replacement interval of less than 50,000 miles, 
one of the aftermarket parts that accumulated at least the part's useful 
life mileage during the durability demonstration must be installed on 
the durability demonstration vehicle that has accumulated 50,000 miles 
for certification exhaust emission testing.
    (ii) For light duty truck parts that accelerate deterioration of 
existing emission related parts.
    (A) An emission test shall be performed on emission test vehicles at 
4000 miles and at 50,000 miles, with the part installed. Exhaust 
emission deterioration factors for the test vehicle shall be calculated 
from these two test results. The aftermarket part manufacturer may elect 
to perform other emission tests at interim mileages. However, any 
interim tests must be spaced at equal mileage intervals. If more than 
one test is performed at any one mileage point, then all tests at this 
point shall be averaged prior to determining the deterioration factor. 
The deterioration factor shall be calculated using the least squares 
straight line method, in accordance with Sec. 86.088-28(a). The 
deterioration factor for each emission constituent shall be used to 
linearly project the 50,000 mile test result out to 120,000 miles. The 
projected 120,000 mile test result shall meet light duty truck emission 
standards.
    (B) As an option, the light-duty truck part manufacturer may 
durability age the test vehicle and aftermarket part to 120,000 miles, 
and then perform one Federal Test Procedure test. The actual test 
results in this case must pass all Federal emission standards.
    (iii) For parts demonstrated to not accelerate deterioration of 
existing emission related parts during normal operation:
    (A) If parts cause no noticeable change in vehicle driveability, 
performance, and/or fuel economy when the part fails, the certification 
exhaust emission test vehicle need not be the same vehicle as that used 
for durability demonstration. Upon completion

[[Page 84]]

of aging, one Federal Test Procedure test shall be performed with the 
aged aftermarket part installed on a test vehicle that has just 
completed one Federal Test Procedure test in the original equipment 
configuration (i.e., before the aftermarket part or system is 
installed). If more than one test is performed either before or after 
the aftermarket part is installed, then an equivalent number of tests 
must be performed in both configurations. The results of all tests 
performed before the part is installed shall be averaged and the results 
of all tests performed after the part is installed shall be averaged for 
each emission constituent. The difference in Federal Test Procedure 
emission results between the tests with the aged aftermarket part 
installed and the test vehicle in the original equipment configuration 
shall be less than or equal to the certification vehicle emission margin 
of any and all of the certification test vehicles from the various 
configurations for which the aftermarket part is being certified.
    (B) For parts demonstrated to cause a noticeable change in vehicle 
driveability, performance, and/or fuel economy when the part fails, no 
durability aging of the part is required before certification emission 
testing. One Federal Test Procedure test shall be performed on the test 
vehicle in its original equipment configuration (i.e., before the 
aftermarket part or system is installed) and one test with an 
aftermarket part representative of production (as provided in paragraph 
(e) of this section) installed on the test vehicle. If more than one 
test is performed either before or after the aftermarket part is 
installed, then an equivalent number of tests must be performed in both 
configurations. The results of all tests performed with the aftermarket 
part installed shall be averaged and the results of all tests performed 
in the original equipment configuration shall be averaged for each 
emission constituent. The difference in Federal Test Procedure emission 
results between the tests with the aftermarket part installed and the 
test vehicle in the original equipment configuration shall be less than 
or equal to the certification vehicle emission margin of any and all of 
the certification test vehicles from the various configurations for 
which the aftermarket part is being certified.
    (4) Evaporative emission testing. For parts determined by the part 
manufacturer (with appropriate technical rationale) to affect only 
evaporative emissions performance, at least one evaporative emissions 
portion of the Federal Test Procedure test shall be performed on the 
vehicle in its original equipment configuration and at least one with 
the aftermarket part installed. Both the original equipment and 
aftermarket part shall be aged according to paragraph (c)(5) of this 
section prior to testing. If more than one test is performed either 
before or after the aftermarket part is installed, then an equivalent 
number of tests must be performed in both configurations. The emission 
results of all tests performed before the part is installed shall be 
averaged and the emission results of all tests performed after the part 
is installed shall be averaged. The difference in Federal Test Procedure 
emission results between the tests with the aged aftermarket part 
installed and the test vehicle in the original equipment configuration 
shall be less than or equal to the certification vehicle emission margin 
of any and all of the certification test vehicles from the various 
configurations for which the aftermarket part is being certified.
    (5) Emission test vehicle selection: The test vehicle used must 
represent the ``worst case'' with respect to emissions of all those 
configurations for which the aftermarket part is being certified. The 
worst case configuration shall be that configuration which, having the 
aftermarket part installed, is least likely to meet the applicable 
emission standards among all those configurations on which the 
aftermarket part is intended to be installed as a certified aftermarket 
part. One of the following two methods shall be used to select the worst 
case emission test vehicle(s):
    (i) In the first method, the selection shall be based on a technical 
judgment by the aftermarket part manufacturer of the impact of the 
particular design or calibration of a particular parameter or 
combination of parameters and/or an analysis of appropriate data, or

[[Page 85]]

    (ii) In the second alternative method, two defined worst case test 
vehicles shall be selected from the vehicle configurations using the 
following criteria:
    (A) The first test vehicle is that engine family for which the 
largest number of parts are projected to be sold. Within that family the 
manufacturer shall select the configurations with the heaviest 
equivalent test weight, and then within that group the configuration 
with the largest displacement engine.
    (B) The second test vehicle shall be from a different vehicle 
manufacturer than the first test vehicle, or if the aftermarket part 
applies to only one vehicle manufacturer, from a different engine 
family. Engine families are determined by the vehicle manufacturer or 
when certifying under 40 CFR part 86. Within that group, the second test 
vehicle is selected from the vehicle configurations with the heaviest 
equivalent test weight, and then, within that group, the configuration 
with the largest displacement engine. If a part applies to only one 
engine family then only the vehicle specified in paragraph 
(d)(5)(ii)(A), of this section, is required to be tested.
    (iii) The results of certification tests using the worst case 
vehicle selections made in this section shall only be applicable for 
configurations that are required to meet the same or less stringent 
(numerically higher) emission standards than those of the worst case 
configuration.
    (iv) The worst case test vehicle(s) selected for certification 
emission testing is(are) not required to meet Federal emission standards 
in its original configuration. However, each test vehicle shall have 
representative emissions performance that is close to the standards and 
have no obvious emission defects. Each test vehicle shall be tuned 
properly and set to the vehicle manufacturer's specifications before 
testing is performed. Any excessively worn or malfunctioning emission 
related part shall be repaired prior to testing.
    (e) Test part selection. Certification shall be based upon tests 
utilizing representative production aftermarket parts selected in a 
random manner in accordance with accepted statistical procedures.
    (f) Replacing original equipment parts. Installation of any 
certified aftermarket part shall not result in the removal or rendering 
inoperative of any original equipment emission related part other than 
the part(s) being replaced. Furthermore, installation of any certified 
aftermarket part shall not require the readjustment of any other 
emission related part to other than the vehicle manufacturer 
specifications, cause or contribute to an unreasonable risk to the 
public health, welfare or safety, or result in any additional range of 
parameter adjustability or accessibility to adjustment than that of the 
vehicle manufacturer's emission related parts.
    (g) Affects on vehicle on board diagnostic system. Installation of 
any certified aftermarket part shall not alter or render inoperative any 
feature of the on-board diagnostic system incorporated by the vehicle 
manufacturer. The certified part may integrate with the existing 
diagnostic system if it does not alter or render inoperative any 
features of the system. However, use of on-board diagnostics or warning 
indicators to alert the driver to part failure is not sufficient by 
itself to qualify the part for exemption from aging under paragraph 
(c)(4)(ii) of this section. The part manufacturer must demonstrate that 
the diagnostic and malfunction indicator system will routinely result in 
repair or replacement of the aftermarket part in use.

[54 FR 32588, Aug. 8, 1989]



Sec. 85.2115  Notification of intent to certify.

    (a) At least 45 days prior to the sale of any certified automotive 
aftermarket part, notification of the intent to certify must be received 
by the Office Director.
    (1) The notification shall include:
    (i) Identification of each part to be certified; and.
    (ii) Identification of all vehicle or engine configurations for 
which the part is being certified including make(s), model(s), year(s), 
engine size(s) and all other specific configuration characteristics 
necessary to assure that the part

[[Page 86]]

will not be installed in any configuration for which it has not been 
certified; and
    (iii) All determinations, demonstrations, technical rationale, and 
documentation provided in Sec. 85.2114; and
    (iv) Any and all written waivers and approvals obtained from the MOD 
director as provided in Sec. 85.2114, and any correspondence with EPA 
regarding certification of that part; and
    (v) A description of the tests, techniques, procedures, and results 
utilized to demonstrate compliance with Sec. 85.2114(b) applicable to 
parts eligible to certify using emission-critical parameters, except 
that, if the procedure utilized is recommended in appendix I of this 
subpart, then only a statement to this effect is necessary. A 
description of all statistical methods and analyses used to determine 
the emission-critical parameters of the original equipment parts and 
compliance of the certified part(s) with those parameters including 
numbers of parts tested, selection criteria, means, variance, etc; and
    (vi) All results and documentation of tests and procedures used by 
the part manufacturer as evidence of compliance with the durability and 
emission requirements specified in Sec. 85.2114; and
    (vii) A discussion of the technical basis(es) for foregoing any 
portion of the Federal Test Procedure when applicable; and
    (viii) A description of the test part selection criteria used, and a 
statement that the test part(s) used for certification testing is(are) a 
representative production aftermarket part(s) consistent with Sec. 
85.2114(e); and
    (ix) A description of the test and demonstration vehicle selection 
criteria used, and rationale that supports the technical judgment that 
the vehicle configurations used for emission testing and durability 
demonstration represent worst case with respect to emissions of all 
those configurations for which the aftermarket part is being certified, 
and all data that supports that conclusion; and
    (x) The service intervals of the part, including maintenance and 
replacement intervals in months and/or miles, as applicable, and a 
statement indicating whether it is different than the service, 
maintenance, and replacement interval of the original equipment 
requirements; and
    (xi) A statement, if applicable, that the part will not meet the 
labeling requirements of Sec. 85.2119(a) and the description of the 
markings the aftermarket manufacturer intends to put on the part in 
order to comply with Sec. 85.2119(b); and
    (xii) A statement that the aftermarket part manufacturer accepts, as 
a condition of certification, the obligation to comply with the warranty 
requirements and dispute resolution procedures provided in Sec. 
85.2117; and
    (xiii) A statement of commitment and willingness to comply with all 
the relevant terms and conditions of this subpart; and
    (xiv) A statement by the aftermarket part manufacturer that use of 
its certified part will not cause a substantial increase to vehicle 
emissions in any normal driving mode not represented during 
certification or compliance testing; and
    (xv) The office or officer of the aftermarket part manufacturer 
authorized to receive correspondence regarding certification 
requirements pursuant to this subpart.
    (2) The notification shall be signed by an individual attesting to 
the accuracy and completeness of the information supplied in the 
notification.
    (3) Notification to the Agency shall be by certified mail or another 
method by which date of receipt can be established.
    (4) Two complete and identical copies of the notification and any 
subsequent industry comments on any such notification shall be submitted 
by the aftermarket manufacturer to: Mod Director, MOD (EN-340F), 
Attention: Aftermarket Parts, 401 ``M'' St. SW., Washington, DC 20460.
    (5) A copy of the notification submitted under paragraph (a)(4) of 
this section will be placed in a public docket. Comments on any notice 
in the public docket may be made to the MOD Director.
    (b) The MOD Director reserves the right to review an application to 
determine if the submitted documents adequately meet all the 
requirements for

[[Page 87]]

certification specified in Sec. Sec. 85.2114 and 85.2115. A part may be 
sold as certified 45 days after the receipt by the Agency of the 
notification given pursuant to this subsection provided that the Office 
Director has not notified the part manufacturer otherwise.

[54 FR 32591, Aug. 8, 1989]



Sec. 85.2116  Objections to certification.

    (a) At any time prior to the end of the 45-day period after a 
notification of intent to certify an aftermarket part is received as 
specified in Sec. 85.2115, the MOD Director may notify the manufacturer 
of the aftermarket part that such aftermarket part may not be certified 
pending further investigation. The basis upon which this notification 
shall be made may include, but not be limited to, information or test 
results which indicate:
    (1) Compliance with the applicable emission-critical parameters was 
not achieved or that the testing methods used to demonstrate compliance 
with the emission-critical parameters were inadequate;
    (2) The part is to be certified on the basis of emission testing, 
and the procedure used in such tests was not in compliance with those 
portions of the Federal Test Procedure not waived pursuant to Sec. 
85.2114(d)(2).
    (3) Use of the certified part may cause a vehicle to exceed any 
applicable emission requirements;
    (4) The durability requirement of Sec. 85.2114 has not been 
complied with;
    (5) Use of the certified part could cause or contribute to an 
unreasonable risk to public health, welfare or safety in its operation 
or function;
    (6) Installation of the certified part requires procedures or 
equipment which would likely cause it to be improperly installed under 
normal conditions or would likely result in a vehicle being misadjusted; 
or
    (7) Information and/or data required to be in the notification of 
intent to certify as provided by Sec. 85.2115 have not been provided or 
may be inadequate; or,
    (8) Documentation submitted under Sec. 85.2114(c)(4)(ii) was 
determined inadequate for durability exemption.
    (b) The aftermarket part manufacturer must respond in writing to the 
statements made in the notification by the MOD Director, or the 
aftermarket part manufacturer shall withdraw its notification of intent 
to certify.
    (1) Any party interested in the outcome of a decision as to whether 
a part may be certified may provide the MOD Director with any relevant 
written information up to ten days after the manufacturer responds to 
the MOD Director's objection.
    (2) Any interested party may request additional time to respond to 
the information submitted by the part manufacturer. The MOD Director 
upon a showing of good cause by the interested party may grant an 
extension of time to reply up to 30 days.
    (3) The part manufacturer may reply to information submitted by 
interested parties. Notification of intent to reply shall be submitted 
to the MOD Director within 10 days of the date information from 
interested parties is submitted to the MOD Director.
    (4) The MOD Director may, at his or her discretion, allow oral 
presentations by the aftermarket manufacturer or any interested party in 
connection with a contested part certification.
    (c) If an objection has been sent to an aftermarket part 
manufacturer pursuant to paragraph (a) of this section, the MOD Director 
shall, after reviewing all pertinent data and information, render a 
decision and inform the aftermarket part manufacturer in writing as to 
whether such part may be certified and, if so, under what conditions the 
part may be certified. The written decision shall include an explanation 
of the reasons therefor.
    (1) The decision by the MOD Director shall be provided to the 
manufacturer within 30 working days of receipt of all necessary 
information by the manufacturer or interested parties, or of the date of 
any oral presentation regarding the certification, whichever occurs 
second.
    (2) A copy of the decision shall be sent to all identified 
interested parties.
    (3) Within 20 days of receipt of a decision made pursuant to this 
subsection, any party may file a written appeal to the Office Director. 
The Office Director may, in his or her discretion, allow additional oral 
or written submissions, prior to rendering a final decision. The

[[Page 88]]

schedule for such submission shall be in accordance with the schedule 
specified in Sec. 85.2116(b).
    (4) If no party files an appeal with the Office Director within 20 
days, then the decision of the MOD Director shall be final.
    (5) The Office Director shall make a final decision regarding the 
certification of a part within 30 working days of receipt of all 
necessary information by the part manufacturer or from the date of any 
oral presentation, whichever occurs later.
    (6) A copy of all final decisions made under this section shall be 
published in the Federal Register.

[45 FR 78460, Nov. 25, 1980, as amended at 54 FR 32592, Aug. 8, 1989]



Sec. 85.2117  Warranty and dispute resolution.

    (a) Warranty. (1) As a condition of certification, the aftermarket 
part manufacturer shall warrant that if the certified part is properly 
installed it will not cause a vehicle to exceed Federal emission 
requirements as determined by an emission test approved by EPA under 
section 207(b)(1) of the Act. This aftermarket part warranty shall 
extend for the remaining performance warranty period of any vehicle on 
which the part is installed, or for the warranty period specified for an 
equivalent original equipment component, if this period is shorter than 
the remaining warranty period of the vehicle.
    (2) The aftermarket part manufacturer's minimum obligation under 
this warranty shall be to reimburse vehicle manufacturers for all 
reasonable expenses incurred as a result of honoring a valid emission 
performance warranty claim which arises because of the use of the 
certified aftermarket part.
    (3) The procedure used to process a certified aftermarket part 
warranty claim is as follows. The time requirements are in units of 
calendar days.
    (i) The vehicle manufacturer shall submit, by certified mail or 
another method by which date of receipt can be established, a bill for 
reasonable expenses incurred to the part manufacturer for reimbursement. 
Accompanying the bill shall be a letter to the part manufacturer with an 
explanation of how the certified part caused the failure and a copy of 
the warranty repair order or receipt establishing the date that the 
performance repair was initiated by the vehicle owner.
    (ii) The parts retained pursuant to Sec. 85.2107(c)(1) shall be 
retained until the reimbursement process is resolved. The vehicle 
manufacturer shall store these parts or transfer these parts to the 
involved certified part manufacturer for storage. If the vehicle 
manufacturer transfers these parts to the certified part manufacturer, 
the part manufacturer shall retain these parts:
    (A) For at least one year from the date of repair involving these 
parts, if the part manufacturer does not receive a bill from the vehicle 
manufacturer within that time period, or
    (B) Until the claim reimbursement process has been resolved, if the 
part manufacturer receives a bill from the vehicle manufacturer within 
one year of the date of repair involving these parts.
    (iii) If the vehicle manufacturer transfers the parts retained 
pursuant to paragraph (a)(3)(ii) of this section to the part 
manufacturer, a bill shall be submitted to the part manufacturer within 
one year of the date of initiation of the actual repair by the vehicle 
owner. If this requirement is not met, the vehicle manufacturer shall 
forfeit all rights to the reimbursement provisions provided in this 
regulation.
    (iv) Storage costs are not reimbursable as part of a performance 
warranty claim.
    (b) Dispute resolution. (1) The part manufacturer shall respond to 
the vehicle manufacturer within 30 days of receipt of the bill by paying 
the claim or requesting a meeting to resolve any disagreement. A meeting 
shall occur within the next two week period. At this meeting the parties 
shall, in all good faith, attempt to resolve their disagreement. 
Discussions should be completed within 60 days of receipt of the bill 
for the warranty claim by the part manufacturer.
    (2) If the parties cannot resolve their disagreement within 60 days, 
either party may file for arbitration. Neither party may file for 
arbitration within 60 days unless both parties agree to seek arbitration 
prior to the end of the 60-day period. If, after 60 days, either

[[Page 89]]

party files, then both parties shall submit to arbitration.
    (3) This arbitration shall be carried out pursuant to the 
Arbitration Rules contained in appendix II of this subpart which are 
based on Commercial Arbitration Rules published by the American 
Arbitration Association, revised and in effect as of September 1, 1988. 
The Arbitration Rules detail the procedures to be followed by the 
parties and the arbitrator in resolving disputes under this section. 
They can be varied only with the agreement of both parties. If either 
involved manufacturer refuses to participate in the arbitration process, 
that party is treated as if it had lost the arbitration and is required 
to pay all reasonable expenses.
    (4) Any party losing the arbitration has the right to resort to an 
appropriate federal district court or state court, subject to the 
established rules of that court regarding subject matter jurisdiction 
and personal jurisdiction.
    (5) If the vehicle manufacturer wins the arbitration, the part 
manufacturer must provide reimbursement in accordance with the 
arbitrator's award and decision. Such reimbursement must be made within 
30 days of the award and decision.
    (6)(i) If the part manufacturer refuses to pay a lost arbitration 
award, the involved part will be decertified pursuant to 40 CFR 85.2121, 
provided that if the part manufacturer resorts to a court of competent 
jurisdiction, decertification will be withheld pending the outcome of 
such judicial determination.
    (ii) In addition, under these circumstances, the vehicle 
manufacturer has the right to bring an enforcement action on the 
arbitration award and decision in the appropriate federal district court 
or state court, subject to the established rules of that court regarding 
subject matter jurisdiction and personal jurisdiction. If this court 
agrees with the arbitrator's award and decision, reimbursement shall be 
made within 30 days of the court's decision unless the court orders 
otherwise.

[54 FR 32592, Aug. 8, 1989]



Sec. 85.2118  Changes after certification.

    The aftermarket part manufacturer shall be required to recertify any 
part which:
    (a) Was certified pursuant to Sec. 85.2114(b) and to which 
modifications are subsequently made which could affect the results of 
any test or judgment made that the part meets all of the applicable 
Emission-Critical Parameters;
    (b) Was certified pursuant to Sec. 85.2114(c) and to which 
modifications are made which are likely to affect emissions or the 
capability of the part to meet any other requirement of this subpart; or
    (c) Was certified and is subsequently modified in a manner affecting 
the durability of the part or any emission control device, engine or the 
vehicle upon which such part is installed.

[45 FR 78461, Nov. 25, 1980, as amended at 54 FR 32593, Aug. 8, 1989]



Sec. 85.2119  Labeling requirements.

    (a) Except as specified in paragraph (b) of this section, each part 
certified pursuant to these regulations shall have ``Certified to EPA 
Standards'' and the name of the aftermarket part manufacturer or other 
party designated to determine the validity of warranty claims placed on 
the part. The name of the aftermarket part manufacturer or other party 
and the statement, ``Certified to EPA Standards,'' must be made durable 
and readable for at least the useful life mileage interval of the part.
    (b) In lieu of the name of the aftermarket part manufacturer or 
other party and ``Certified to EPA Standards,'' the part may contain 
unique identification markings. A description of the marking and 
statement that such marking is intended in lieu of the name of the 
aftermarket part manufacturer or other party and ``Certified to EPA 
Standards,'' shall be made to the Agency in the notification of intent 
to certify. The unique symbol shall not be used on any uncertified or 
decertified part built or assembled after the date of decertification.
    (c) The package in which the certified aftermarket part is contained 
must have the following information conspicuously placed thereon:
    (1) The statement ``Certified by (name of manufacturer or warranter) 
to EPA Emission Standards'',

[[Page 90]]

    (2) A list of the vehicles or engines (in accordance with Sec. 
85.2115(a)(1)(ii)) for which the part has been certified,
    (3) A statement of the maintenance or replacement interval for which 
the part has been certified, if the interval is of a shorter duration 
than the interval specified in the written instructions for proper 
maintenance and use for the original equipment,
    (4) A description of the maintenance necessary to be performed on 
the part in the proper maintenance and use of the part, if such 
maintenance is in addition to or different from that maintenance 
necessary on the original equipment part, and
    (5) The instructions for proper installation if different from the 
vehicle manufacturer's recommended installation instruction for that 
part.
    (d) The information required by paragraphs (c )(4) and (5) of this 
section may be provided on a written insert with the certified 
aftermarket part if the insert also contains the information required in 
paragraphs (c) (1), (2) and (3) of this section.
    (e) The information required by paragraph (c)(2) of this section may 
be provided in a catalog rather than on the package or on an insert: 
Provided, That access to the catalog is readily available to purchasers 
and installers of the part.
    (f) When an aftermarket part manufacturer desires to certify 
existing in-service stocks of its products, it may do so provided:
    (1) The part does not differ in any operational or durability 
characteristic from the aftermarket parts specified in the notification 
made pursuant to Sec. 85.2115, and
    (2) A supplemental information sheet is made available to all 
parties selling the part.
    (i) The supplemental sheet shall be made available in sufficient 
quantities so that it can be provided with all parts sold as certified, 
and
    (ii) The supplemental sheet shall contain all of the information 
specified in paragraph (c) of this section.

[45 FR 78461, Nov. 25, 1980, as amended at 54 FR 32593, Aug. 8, 1989]



Sec. 85.2120  Maintenance and submittal of records.

    (a) For each certified aftermarket part, the aftermarket part 
manufacturer must establish, maintain and retain for 5 years the 
following adequately organized and indexed records:
    (1) Detailed production drawings showing all dimensions, tolerances, 
performance requirements and material specifications and any other 
information necessary to completely describe the part;
    (2) A description of the testing program, including all production 
part sampling techniques used to verify compliance of the certified 
aftermarket part with the applicable Emission-Critical Parameters and 
durability requirements;
    (3) All data obtained during testing of the part and subsequent 
analyses based on that data, including the milege and the vehicle or 
engine configuration determinants if emission testing is utilized as the 
basis for certification;
    (4) All information used in determining those vehicles for which the 
part is represented as being equivalent from an emissions standpoint to 
the original equipment part;
    (5) A description of the quality control plan used to monitor 
production and assure compliance of the part with the applicable 
certification requirements;
    (6) All data taken in implementing the quality control plan, and any 
subsequent analyses of that data;
    (7) A description of all the methodology, analysis, testing and/or 
sampling techniques used to ascertain the emission critical parameter 
specifications of the originial equipment part; and
    (8) All in-service data, analyses performed by the manufacturer and 
correspondence with vendors, distributors, consumers, retail outlets or 
vehicle manufacturers regarding any design, production or in-service 
problems associated with 25 or more of any certified part.
    (b) The records required to be maintained in paragraph (a) of this 
section shall be made available to the Agency upon the written request 
of the MOD Director.

[[Page 91]]

    (c) For parts certified only for vehicles with less than 5 years of 
emission performance warranty coverage remaining, records must be kept 
for 3 years or until they determine that approximately 80% of the 
applicable vehicles are outside the warranty period, whichever occurs 
second.
    (d) This section shall expire 5 years from the effective date of 
this regulation unless renewed prior to that date.

[45 FR 78461, Nov. 25, 1980]



Sec. 85.2121  Decertification.

    (a) The MOD Director may notify an aftermarket part manufacturer 
that the Agency has made a preliminary determination that one or more 
parts should be decertified.
    (1) Such a preliminary determination may be made if there is reason 
to believe that the part manufactured has failed to comply with 
Sec. Sec. 85.2112 through 85.2122. Information upon which such a 
determination will be made includes but is not limited to the following.
    (i) Tests required to be performed to demonstrate compliance of the 
part with the applicable Emission-Critical Parameters
    (A) Were not performed on the part(s), or
    (B) Were insufficient to demonstrate compliance;
    (ii) The part was certified on the basis of emission tests, and
    (A) The procedures used in such tests were not in substantial 
compliance with a portion or portions of the Federal Test Procedure 
which were not waived pursuant to Sec. 85.2114(d);
    (B) The emission results were not in compliance with the 
requirements of Sec. 85.2114(d); or
    (C) The procedures used for part aging for durability demonstration 
were not in substantial compliance with the durability cycle required by 
Sec. 85.2114.
    (iii) Use of the certified part is causing vehicle emissions to 
exceed emission requirements for any regulated pollutant;
    (iv) Use of the certified part causes or contributes to an 
unreasonable risk to public health, welfare or safety or severely 
degrades drivability operation or function;
    (v) The part has been modified in a manner requiring recertification 
pursuant to Sec. 85.2118; or
    (vi) The manufacturer of such parts has not established, maintained 
or retained the records required pursuant to Sec. 85.2120 or fails to 
make the records available to the MOD Director upon written request 
pursuant to Sec. 85.2120.
    (vii) Documentation required to support the type of durability 
demonstration used for a part under Sec. 85.2114:
    (A) Were not submitted for the part, or
    (B) Were insufficient to justify a claim of durability exemption 
status.
    (viii) The aftermarket part manufacturer failed to pay a lost 
arbitration settlement within 30 days of the arbitrator's decision or 
within 30 days after completion of judicial review, if any.
    (2) Notice of a preliminary determination to decertify shall 
contain:
    (i) A description of the noncomplying part(s);
    (ii) The basis for the MOD Director's preliminary decision; and
    (iii) The date by which the manufacturer must
    (A) Terminate the sale of the part as a certified part, or
    (B) Make the necessary change (if so recommended by the Agency), and
    (C) Request an opportunity in writing to dispute the allegations of 
the preliminary decertification.
    (b) If the aftermarket part manufacturer requests an opportunity to 
respond to the preliminary determination, the manufacturer and other 
parties interested in the MOD Director's decision whether to decertify a 
part may, within 15 days of the date of the request, submit written 
presentations, including the relevant information and data, to the MOD 
Director. The MOD Director, in his or her discretion, may provide an 
opportunity for oral presentations.
    (1) Any interested party may request additional time to respond to 
the information submitted by the part manufacturer. The MOD Director 
upon a showing of good cause by the interested party may grant an 
extension of time to reply up to 30 days.
    (2) The part manufacturer may have an extension of up to 30 days to 
reply to information submitted by interested

[[Page 92]]

parties. Notification of intent to reply shall be submitted to the MOD 
Director within 10 days of the date information from interested parties 
is submitted to the MOD Director.
    (c) If a part manufacturer has disputed the allegations of the 
preliminary decisions, the MOD Director shall, after reviewing any 
additional information, notify the aftermarket part manufacturer of his 
or her decision whether the part may continue to be sold as certified. 
This notification shall include an explanation upon which the decision 
was made and the effective date for decertification, where appropriate.
    (d) Within 20 days from the date of a decision made pursuant to 
paragraph (c) of this section, any adversely affected party may appeal 
the decision to the Office Director.
    (1) A petition for appeal to the Office Director must state all of 
the reasons why the decision of the MOD Director should be reversed.
    (2) The Office Director may, in his or her discretion, allow 
additional oral or written testimony.
    (3) If no appeal is filed with the Office Director within the 
permitted time period, the decision of the MOD Director shall be final.
    (e) If a final decision is made to decertify a part under paragraph 
(d) of this section, the manufacturer of such part shall notify his 
immediate customers (other than retail customers) that, as of the date 
of the final determination, the part in question has been decertified. 
The part manufacturer shall offer to replace decertified parts in the 
customer's inventory with certified replacement parts or, if unable to 
do so, shall at the customer's request repurchase such inventory at a 
reasonable price.
    (f) Notwithstanding the requirements of paragraph (e) of this 
section, a part purchased by a vehicle owner as certified, shall be 
considered certified pursuant to this subpart.

[45 FR 78462, Nov. 25, 1980, as amended at 54 FR 32593, Aug. 8, 1989]



Sec. 85.2122  Emission-critical parameters.

    (a) The following parts may be certified in accordance with Sec. 
85.2114(b):
    (1) Carburetor Vacuum Break (Choke Pull-Off). (i) The emission-
critical parameters for carburetor vacuum breaks are:
    (A) Diaphragm Displacement.
    (B) Timed Delay.
    (C) Modulated Stem Displacement.
    (D) Modulated Stem Displacement Force.
    (E) Vacuum Leakage.
    (ii) For the purposes of this paragraph:
    (A) ``Diaphragm Displacement'' means the distance through which the 
center of the diaphragm moves when activated. In the case of a non-
modulated stem, diaphragm displacement corresponds to stem displacement.
    (B) ``Timed Delay'' means a delayed diaphragm displacement 
controlled to occur within a given time period.
    (C) ``Modulated Stem Displacement'' means the distance through which 
the modulated stem may move when actuated independent of diaphragm 
displacement.
    (D) ``Modulated Stem Displacement Force'' means the amount of force 
required at start and finish of a modulated stem displacement.
    (E) ``Vacuum Leakage'' means leakage into the vacuum cavity of a 
vacuum break.
    (F) ``Vacuum Break'' (``Choke Pull-off'') means a vacuum-operated 
device to open the carburetor choke plate a predetermined amount on cold 
start.
    (G) ``Modulated Stem'' means a stem attached to the vacuum break 
diaphragm in such a manner as to allow stem displacement independent of 
diaphragm displacement.
    (H) ``Vacuum Purge System'' means a vacuum system with a controlled 
air flow to purge the vacuum system of undesirable manifold vapors.
    (2) Carburetor Choke Thermostats. (i) The emission-critical 
parameters for all Choke Thermostats are:
    (A) Thermal Deflection Rate.
    (B) Mechanical Torque Rate.
    (C) Index Mark Position.
    (ii) The emission-critical parameters for Electrically-Heated Choke 
Thermostats are:
    (A) Those parameters set forth in paragraph (a)(2)(i) of this 
section
    (B) Time to rotate coil tang when electrically energized

[[Page 93]]

    (C) Electrical circuit resistance
    (D) Electrical switching temperature
    (iii) For the purpose of this paragraph:
    (A) ``Choke'' means a device to restrict air flow into a carburetor 
in order to enrich the air/fuel mixture delivered to the engine by the 
carburetor during cold-engine start and cold-engine operation.
    (B) ``Thermostat'' means a temperature-actuated device.
    (C) ``Electrically-heated Choke'' means a device which contains a 
means for applying heat to the thermostatic coil by electrical current.
    (D) ``Thermostatic Coil'' means a spiral-wound coil of thermally-
sensitive material which provides rotary force (torque) and/or 
displacement as a function of applied temperature.
    (E) ``Thermostatic Switch'' means an element of thermally-sensitive 
material which acts to open or close an electrical circuit as a function 
of temperature.
    (F) ``Mechanical Torque Rate'' means a term applied to a 
thermostatic coil, defined as the torque accumulation per angular degree 
of deflection of a thermostatic coil.
    (G) ``Thermal Deflection Rate'' means the angular degrees of 
rotation per degree of temperature change of the thermostatic coil.
    (H) ``Index or Index Mark'' means a mark on a choke thermostat 
housing, located in a fixed relationship to the thermostatic coil tang 
position to aid in assembly and service adjustment of the choke.
    (I) ``PTC Type Choke Heaters'' means a positive termperature 
coefficient resistant ceramic disc capable of providing heat to the 
thermostatic coil when electrically energized.
    (3) Carburetor Accelerator Pumps. (i) The emission-critical 
parameter for accelerator pumps (plungers or diaphragms) is the average 
volume of fuel delivered per stroke by the pump within prescribed time 
limits.
    (ii) For the purpose of this paragraph an ``Accelerator Pump 
(Plunger or Diaphragm)'' means a device used to provide a supplemental 
supply of fuel during increasing throttle opening as required.
    (4) Positive Crankcase Ventilation (PCV) Valves. (i) The emission-
critical parameter for a PCV valve is the volume of flow as a function 
of pressure differential across the valve.
    (ii) For the purposes of this paragraph a ``PCV Valve'' means a 
device to control the flow of blow-by gasses and fresh air from the 
crankcase to the fuel induction system of the engine.
    (5) Breaker Points. (i) The emission-critical parameters for breaker 
points are:
    (A) Bounce.
    (B) Dwell Angle.
    (C) Contact Resistance.
    (ii) For the purposes of this paragraph:
    (A) ``Breaker Point'' means a mechanical switch operated by the 
distributor cam to establish and interrupt the primary ignition coil 
current.
    (B) ``Bounce'' means unscheduled point contact opening(s) after 
initial closure and before scheduled reopening.
    (C) ``Dwell Angle'' means the number of degrees of distributor 
mechanical rotation during which the breaker points are conducting 
current.
    (D) ``Contact Resistance'' means the opposition to the flow of 
current between the mounting bracket and the insulated terminal.
    (6) Capacitors/Condensers. (i) The emission-critical parameters for 
capacitors/condensers are:
    (A) Capacitance.
    (B) Series Resistance.
    (C) Breakdown Voltage.
    (ii) For the purposes of this paragraph:
    (A) ``Capacitance'' means the property of a device which permits 
storage of electrically-separated charges when differences in electrical 
potential exist between the conductors and measured as the ratio of 
stored charge to the difference in electrical potential between 
conductors.
    (B) ``Series Resistance'' means the sum of resistances from the 
condenser plates to the condenser's external connections.
    (C) ``Breakdown Voltage'' means the voltage level at which the 
capacitor fails.
    (D) ``Capacitor/Condenser'' means a device for the storage of 
electrical energy consisting of two oppositely

[[Page 94]]

charged conducting plates separated by a dielectric and which resists 
the flow of direct current.
    (7) Distributor Caps and/or Rotors. (i) The emission-critical 
parameters for distributor caps and/or rotors are:
    (A) Physical and Thermal Integrity.
    (B) Dielectric Strength.
    (C) Flashover.
    (ii) For the purposes of this paragraph:
    (A) ``Flashover'' means the discharge of ignition voltage across the 
surface of the distributor cap and/or rotor rather than at the spark 
plug gap.
    (B) ``Dielectric Strength'' means the ability of the material of the 
cap and/or rotor to resist the flow of electric current.
    (C) ``Physical and Thermal Integrity'' means the ability of the 
material of the cap and/or rotor to resist physical and thermal 
breakdown.
    (8) Spark Plugs. (i) The emission critical parameters for spark 
plugs are:
    (A) Heat Rating.
    (B) Gap Spacing.
    (C) Gap Location.
    (D) Flashover.
    (E) Dielectric Strength.
    (ii) For the purposes of this paragraph:
    (A) ``Spark Plug'' means a device to suitably deliver high tension 
electrical ignition voltage to the spark gap in the engine combustion 
chamber.
    (B) ``Heat Rating'' means that measurement of engine indicated mean 
effective pressure (IMEP) value obtained on the engine at a point when 
the supercharge pressure is 25.4mm (one inch) Hg below the preignition 
point of the spark plug, as rated according to SAE J549A Recommended 
Practice.
    (C) ``Gap Spacing'' means the distance between the center electrode 
and the ground electrode where the high voltage ignition arc is 
discharged.
    (D) ``Gap Location'' means the position of the electrode gap in the 
combustion chamber.
    (E) ``Dielectric Strength'' means the ability of the spark plug's 
ceramic insulator material to resist electrical breakdown.
    (F) ``Flashover'' means the discharge of ignition voltage at any 
point other than at the spark plug gap.
    (9) Inductive System Coils. (i) The emission-critical parameters for 
inductive system coils are:
    (A) Open Circuit Voltage Output.
    (B) Dielectric Strength.
    (C) Flashover.
    (D) Rise Time.
    (ii) For the purposes of this paragraph:
    (A) ``Coil'' means a device used to provide high voltage in an 
inductive ignition system.
    (B) ``Flashover'' means the discharge of ignition voltage across the 
coil.
    (C) ``Dielectric Strength'' means the ability of the material of the 
coil to resist electrical breakdown.
    (D) ``Rise Time'' means the time required for the spark voltage to 
increase from 10% to 90% of its maximum value.
    (10) Primary Resistors. (i) The emission-critical parameter for 
primary resistors is the DC resistance.
    (ii) For the purpose of this paragraph, a ``Primary Resistor'' means 
a device used in the primary circuit of an inductive ignition system to 
limit the flow of current.
    (11) Breaker Point Distributors. (i) The emission-critical 
parameters for breaker point distributors are:
    (A) Spark Timing.
    (1) Centrifugal Advance Characteristics.
    (2) Vacuum Advance Characteristics.
    (B) Dwell Angle.
    (C) Breaker point contact operation.
    (D) Electrical resistance to ground.
    (E) Capacity for compatibility with generally available original 
equipment and certified replacement parts listed in Sec. 85.2112(a) 
(5), (6), (7), and (9).
    (ii) For the purposes of this paragraph:
    (A) ``Distributor'' means a device for directing the secondary 
current from the induction coil to the spark plugs at the proper 
intervals and in the proper firing order.
    (B) ``Distributor Firing Angle'' means the angular relationship of 
breaker point opening from one opening to the next in the firing 
sequence.
    (C) ``Dwell Angle'' means the number of degrees of distributor 
mechanical rotation during which the breaker points are capable of 
conducting current.
    (12) Engine Valves. [Reserved]
    (13) Camshafts. [Reserved]

[[Page 95]]

    (14) Pistons. [Reserved]
    (15) Oxidizing Catalytic Converter. (i) The emission-critical 
parameters for oxidizing catalytic converters are:
    (A) Conversion Efficiency.
    (B) Light-off Time.
    (C) Mechanical and Thermal Integrity.
    (ii) For the purposes of this paragraph including the relevant test 
procedures in the appendix:
    (A) ``Catalytic Converter'' means a device installed in the exhaust 
system of an internal combustion engine that utilizes catalytic action 
to oxidize hydrocarbon (HC) and carbon monoxide (CO) emissions to carbon 
dioxide (CO2) and water (H2O).
    (B) ``Conversion Efficiency'' means the measure of the catalytic 
converter's ability to oxidize HC/CO to CO2/H2O 
under fully warmed-up conditions stated as a percentage calculated by 
the following formula:
[GRAPHIC] [TIFF OMITTED] TC15NO91.093

    (C) ``Light-off Time'' or ``LOT'' means the time required for a 
catalytic converter (at ambient temperature 68-86 [deg]F) to warm-up 
sufficiently to convert 50% of the incoming HC and CO to CO2 
and H2 O.
    (D) ``Peak Air Flow'' means the maximum engine intake mass air flow 
rate measure during the 195 second to 202 second time interval of the 
Federal Test Procedure.
    (E) ``Feed Gas'' means the chemical composition of the exhaust gas 
measured at the converter inlet.
    (F) ``Aged Catalytic Converter'' means a converter that has been 
installed on a vehicle or engine stand and operated thru a cycle 
specifically designed to chemically age, including exposure to 
representative lead concentrations, and mechanically stress the 
catalytic converter in a manner representative of in-use vehicle or 
engine conditions.
    (G) ``Mechanical and Thermal Intergrity'' means the ability of a 
converter to continue to operate at its previously determined efficiency 
and light-off time and be free from exhaust leaks when subject to 
thermal and mechanical stresses representative of the intended 
application.
    (16) Air Cleaner Filter Element. (i) The emission-critical 
parameters for Air Cleaner Filter Elements are:
    (A) Pressure drop.
    (B) Efficiency.
    (ii) For the purpose of this paragraph:
    (A) ``Air Cleaner Filter Element'' means a device to remove 
particulates from the primary air that enters the air induction system 
of the engine.
    (B) ``Pressure Drop'' means a measure, in kilopascals, of the 
difference in static pressure measured immediately upstream and 
downstream of the air filter element.
    (C) ``Efficiency'' means the ability of the air cleaner or the unit 
under test to remove contaminant.
    (17) Electronic Inductive Ignition System and Components. [Reserved]
    (18) Electronic Inductive Distributors. [Reserved]
    (b) Additional part standards. [Reserved]

[45 FR 78462, Nov. 25, 1980, as amended at 54 FR 32593, Aug. 8, 1989]



Sec. 85.2123  Treatment of confidential information.

    (a) Any manufacturer may assert that some or all of the information 
submitted pursuant to this subpart is entitled to confidential treatment 
as provided by 40 CFR part 2, subpart B.
    (b) Any claim of confidentiality must accompany the information at 
the time it is submitted to EPA.
    (c) To assert that information submitted pursuant to this subpart is 
confidential, a manufacturer must indicate clearly the items of 
information claimed confidential by marking, circling, bracketing, 
stamping, or otherwise specifying the confidential information. 
Furthermore, EPA requests, but does not require, that the submitter also 
provide a second copy of its submittal from which all confidential 
information shall be deleted. If a need arises to publicly release 
nonconfidential information, EPA will assume that the submitter has 
accurately deleted all confidential information from this second copy.
    (d) If a claim is made that some or all of the information submitted 
pursuant

[[Page 96]]

to this subpart is entitled to confidential treatment, the information 
covered by that confidentiality claim will be disclosed by the 
Administrator only to the extent and by means of the procedures set 
forth in part 2, subpart B, of this chapter.
    (e) Information provided without a claim of confidentiality at the 
time of submission may be made available to the public by EPA without 
further notice to the submitter, in accordance with 40 CFR 
2.204(c)(2)(i)(A).

[50 FR 34798, Aug. 27, 1985]



Sec. Appendix I to Subpart V of Part 85--Recommended Test Procedures 
and Test Criteria and Recommended Durability Procedures To Demonstrate               

Compliance With Emission Critical Parameters

               A. Carburetor Vacuum Break (Choke Pull-Off)

    1. Test Procedure and Criteria
    a. Vacuum leakage: Apply 457 13 mm (18.0 
0.5 inches) Hg. vacuum to the vacuum unit to 
achieve full diaphragm displacement. Seal vacuum source to unit. There 
shall be no visible loss of diaphragm displacement or drop in vacuum 
gauge reading after a 15 second observation. Vacuum purge system and 
diaphragm displacement adjusting screw holes should be temporarily 
sealed during this test when applicable.
    b. Diaphragm displacement: At stabilized temperature of -29 [deg]C 
and 121 [deg]C (-20 [deg]F and 250 [deg]F) with 457 13 mm (18.0 0.5 inches) Hg. vacuum 
applied to unit, the diaphragm displacement shall be within 1 mm (0.04 inches) of the nominal original equipment 
displacement. The vacuum purge system must be open during this test when 
applicable. Adjusting screws that limit displacement should be 
temporarily removed and adjusting screw holes temporarily sealed during 
this test.
    c. Timed delay (when applicable): With 457 13 
mm (18.0 0.5 inches) Hg. applied to the unit, the 
vacuum break diaphragm displacement shall occur within 20% of the original equipment time over the specified 
range of displacement. The diaphragm displacement shall be timed over 
the same distance for the original equipment as the replacement part and 
shall not be less than 60% of the total displacement range. The vacuum 
purge system must be open and the adjusting screw holes should be 
temporarily sealed during this test when applicable.
    d. Modulated stem displacement (when applicable): With a force 
sufficient to extend the modulated stem to its full displacement, the 
displacement shall be within 0.8 mm (0.03 inches) of the original equipment specification.
    e. Modulated stem displacement force (when applicable): The force 
required to start and finish the modulated stem displacement shall be 
within 35% of the original equipment specification 
for forces up to 142 grams (5 ounces) and shall be within 20% of the original equipment specification for forces 
exceeding 142 grams (5 ounces).
    2. Durability Procedures: After 250,000 full displacement cycles 
(from atmospheric pressure to a minimum of 530mm (21 inches) Hg. vacuum 
at a temperature of 79 [deg]C (175 [deg]F)) in air, the following 
conditions shall be met:
    a. Diaphragm displacement shall not degrade more than 10% from the 
original test measurements of paragraph 1.b. above.
    b. Timed delay shall not degrade more than 10% from the original 
test measurement in paragraph 1.c. above.
    c. Following these tests, the units must be free of visible defects.

                     B. Carburetor Choke Thermostats

    1. Test Procedures and Criteria
    a. All chokes
    i. Thermal deflection rate
    When tested on a suitable fixture, the deflection rate shall be 
within 6% of the original equipment value. The 
initial temperature and final temperature for purposes of this test may 
vary but shall exhibit a test temperature range of at least 44 [deg]C 
(80 [deg]F). Recommended test equipment, test procedures, and associated 
calculations are outlined in ASTM B389 (latest revision) or American 
National Standards Institute Z155-20.
    ii. Mechanical torque rate
    When tested on a suitable fixture, the torque rate shall be within 
12% of the mean original equipment value. 
Recommended test equipment, test procedures, and associated calculations 
are outlined in ASTM B362 (latest revision) or American National 
Standards Institute Z155-18 (latest revision).
    iii. Index mark position
    When stabilized for four hours at room temperature, the relative 
position of the thermostatic coil outer tang or loop and the index mark, 
when corrected to 24 [deg]C (75 [deg]F), shall be within 5 angular degrees of the mean original equipment 
positions.
    b. Electrically-heated Chokes
    i. Time to rotate coil tang
    When tested on a suitable fixture, the time to rotate through a 
prescribed angle at a prescribed temperature and prescribed voltage, for 
the specfic choke device under test shall be within 12 seconds or 25% of the mean 
original equipment value whichever is greater.
    ii. Electrical circuit resistance
    In an electrically-heated choke utilizing PTC type choke heater, the 
circuit resistance shall be within 1.5 ohms of the 
mean

[[Page 97]]

original equipment value at 24 3 [deg]C (75[deg] 
5 [deg]F) unenergized.
    iii. Electrical switching temperature
    In an electrically heated choke thermostat utilizing a thermostatic 
disc switch in the electrical circuit, the temperature to open the 
circuit shall be within 5.5 [deg]C (10 [deg]F) and 
the temperature to close the circuit shall be within 11 [deg]C (20 [deg]F) of the mean original equipment 
value. Circuit opening temperature shall be measured on a decreasing 
temperature change, and the circuit closing temperature shall be 
measured on an increasing temperature change.

                     C. Carburetor Accelerator Pumps

    1. Test Procedure and Criteria
    a. Expose plunger or diaphragm assembly to temperatures of -30 
[deg]C (-20 [deg]F) for 70 hours and at 70 [deg]C (158 [deg]F) for 24 
hours, with a commercial grade fuel or equivalent.
    b. Within one hour after temperature exposure of 1.a. above, each 
plunger or diaphragm assembly, when installed in an applicable 
carburetor or test fixture, shall at room temperature deliver a volume 
of test fluid (Stoddard solvent or equivalent) from a 10 stroke cycle,* 
within 30% of the volume from a 10 stroke cycle of 
an original equipment plunger or diaphragm assembly.
---------------------------------------------------------------------------

    *10 stroke cycle: 10 strokes from closed throttle plate position to 
wide open throttle plate position occurring within a 15-25 second time 
period.
---------------------------------------------------------------------------

    2. Durability Procedure: After 250,000 operational cycles, at 
approximately 30 cycles per minute at room temperature in test fluid, 
the output of the plunger/diaphragm shall not drop below 90% of the low 
limit as established in 1.b.

              D. Positive Crankcase Ventilation (PCV) Valve

    1. Test Procedure and Criteria
    a. Measure the flow of the PCV valve in standard cubic feet per 
minute (SCFM) vs. pressure differential across the valve over a range of 
operating pressures from 4-22 inches Hg., at standard atmospheric 
conditions (21.1 [deg]C (70 [deg]F) at 755mm (29.92 inches).
    b. A PCV valve shall flow within the vehicle manufacturer's 
specifications or shall meet the following criteria: Whenever the mean 
of the original equipment flow curve is below 1 SCFM, a maximum 
deviation of the mean replacement PCV valve shall not exceed 0.1 SCFM. Whenever the mean original equipment curve is 
equal to or greater than 1 SCFM, a maximum deviation of the mean of the 
replacement PCV valve shall not exceed 10%. The 
total flow tolerance of the replacement valve shall not exceed the 
original equipment variation from the mean, at any pressure 
differential.
    2. Durability Procedure: The flow of any specific PCV valve must not 
deviate from the flow curve of the original equipment PCV valve by more 
than the total original allowable tolerance when each is similarly 
operated in the intended vehicle application over the service interval 
stated by the certifier.

                            E. Breaker Points

    1. Test Procedures and Criteria
    a. Set up test system circuit and equipment per Figure 1 with an OE 
breaker point assembly. Connect the primary to a 14 .5 V DC regulated power supply.
    b. Record dwell angle and open-circuit output voltage at 300 and 500 
distributor rpm and at 500 rpm intervals up to the maximum speed of the 
intended application.
    c. Insert the replacement part in the test system and repeat the 
observations per b above under identical test conditions.
    d. The data observed with the replacement part in the system must 
meet the following criteria:
    (1) The dwell angle change: Not to exceed that of the original 
equipment by more than 2[deg] at all measured rpm 
intervals.

[[Page 98]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.109

    (2) The open circuit output voltage (M-3): Not less than 90% of the 
OE breaker point assembly at any measured rpm.
    e. Repeat step c above at -40 [deg]C (-40 [deg]F) and 100 [deg]C 
(212 [deg]F).
    f. The breaker points shall operate without evidence of point bounce 
at all test speeds and temperatures and shall operate easily without 
binding when operated manually.
    2. Durability Procedures
    a. Set up a bench ignition system using an applicable distributor or 
electro-mechanical equivalent.
    b. Install the breaker point assembly under test in the distributor, 
lubricate and adjust per applicable vehicle manufacturer's 
specifications. Use applicable coil, primary resistor, capacitor, cap 
and rotor.
    c. Connect the primary of the test system with a power supply 
regulated at 14 0.5 V DC for a 12V system.
    d. The secondary portion of the test system is to be connected to a 
12 2KV spark gap.
    e. An external heat source shall generate an ambient temperature of 
70[deg] (158 [deg]F) for the distributor.
    f. Drive the distributor at 1750 50 rpm for 
200 hours. After each 50 hour interval, run the distributor for 5 
minutes with one open circuit spark gap instead of a 12KV gap.
    g. The replacement breaker point assembly must have the capability 
of performing throughout the duration of the test without evidence of 
any failure resulting in loss of spark in the 12KV spark gap.
    h. After the 200 hours repeat step 1.c. above. The open circuit 
output voltage must be at least 90% of that measured in 1.c.

                        F. Capacitors/Condensers

    1. Test Procedures and Criteria
    a. The electrostatic capacitance of the replacement condenser shall 
be within 20% of the value of the original part at 
20 3 [deg]C (68 5 [deg]F). 
The capacitance is to be measured on

[[Page 99]]

a capacitance bridge having an accuracy of 1% at 1 
KHz frequency.
    b. Set up the test system in accordance with Figure 1. The condenser 
series resistance shall be such that the output voltage at 500 
distributor rpm with the replacement condenser shall not be less than 
90% of the output voltage (M-3) with the original equipment condenser.
    c. The capacitor must be able to withstand a minimum test voltage of 
500V DC for a minimum of 0.1 seconds without failure.
    d. (1) Measure capacitance after 4 hours minimum soak at 70[deg] 
(158 [deg]F).
    (2) After one hour at room temperature, place capacitor at -18 
[deg]C (0 [deg]F) for 4 hours minimum and measure capacitance.
    (3) Place capacitor at room temperature for 4 hours minimum and 
measure capacitance.
    e. After thermal cycling, repeat 1.a. and b. The results must be 
within 10 percent of the intital measurements.
    2. Durability Procedure
    a. Set up a bench ignition system using an applicable distributor or 
an electro-mechanical equivalent.
    b. Install the capacitor under test in the distributor adjusted to 
applicable vehicle manufacturer's specifications. Use applicable coil, 
primary resistor, breaker points, cap and rotor.
    c. Connect the primary of the test system with a power supply 
regulated at 14 0.5V DC for 12V system.
    d. The secondary portion of the test system is to be connected to a 
12 2KV spark gap.
    e. An external heat source shall generate an ambient temperature of 
70 [deg]C (158 [deg]F) for the distributor.
    f. Drive the distributor at 1750 50 rpm for 
200 hours. After each 50 hour interval, run the distributor for 5 
minutes with one open circuit spark gap instead of a 12KV gap.
    g. The replacement part must have the capability of performing 
throughout the duration of the test without evidence of any failure 
resulting in loss of spark in the 12KV spark gap.
    h. After the 200 hours, the condenser shall be within 10 percent of 
the capacitance and voltage measured in 1.a. and b. respectively.

                    G. Distributor Caps and/or Rotors

    1. Test Procedures and Criteria
    a. Set up test system in accordance with the circuit and equipment 
per Figure 1 with OE distributor cap and/or rotor. Connect the primary 
to a 14 .5V DC regulated power supply.
    b. Record open circuit output voltage (M-3) at 300 and 500 
distributor rpm and at intervals of 500 distributor rpm up to the 
maximum speed of the intended application.
    c. Insert the intended replacement part(s) in the system and repeat 
step b. above under identical test conditions.
    d. Subject the intended replacement part to the following thermal 
sequence through five complete cycles:
    1. 12 hours at -40 [deg]C (-40 [deg]F)
    2. 2 hours at room temperature
    3. 4 hours at 100 [deg]C (212 [deg]F)
    4. 2 hours at room temperature.
    e. Repeat step b. above with the replacement part(s).
    f. The output voltages measured with the replacement part(s) in the 
system must be at least 90% of the output voltage with the OE cap and/or 
rotor.
    2. Durability Procedures
    a. Set up test system in accordance with circuit and equipment per 
Figure 1.
    b. Install the cap and/or rotor under test in distributor, lubricate 
and adjust per applicable vehicle manufacturer's specifications. Use 
equivalent coil, primary resistor, breaker points and capacitor.
    c. Connect the primary of the test system with a power supply 
regulated at 14 0.5 V D.C.
    1. In breaker point operated systems, connect secondary to a 12 
KV2 KV gap.
    2. In electronic ignition systems, connect secondary to a gap 
equivalent to at least 50% of peak open-circuit voltage.
    d. An external heat source shall generate an ambient temperature of 
70[deg] (158 [deg]F) for the distributor.
    e. Distributor shall be driven at 1750 50 rpm 
for 200 hours. After each 50 hours interval, run the distributor for 5 
minutes with one open-circuit spark gap instead of a 12KV gap.
    f. The replacement part(s) must have the capability of performing 
throughout the duration of the test without evidence of any failure 
resulting in loss of spark at the spark gap.
    g. Repeat step 1.c. above. The open circuit output voltage must be 
at least 90% of that measured in step 1.c.
    h. The replacement cap and/or rotor must be free of any visual 
cracks, arcing or melting.

                             H. Spark Plugs

    1. Test Procedures and Criteria
    a. Heat rating: When comparatively rated in the SAE 17.6 Spark Plug 
Rating engine according to the SAE J549A Recommended Practice, the 
comparative average rating of at least five (5) replacement spark plugs 
shall be within 15 percent of the average IMEP of at least five (5) OE 
spark plugs.
    b. Gap spacing: The electrode spark gap shall be equivalent or 
adjustable to the recommended gap for the original equipment spark plug.

[[Page 100]]

    c. Gap location: The electrode gap position in the chamber shall be 
the same as specified by the vehicle manufacturer.
    d. Flashover: The spark plug terminal end, with the properly fitted 
connecting boot, shall not flash-over at peak anticipated voltage for 
the intended application when electrode gap is 15% larger than vehicle 
manufacturer's gap specifications.

                        I. Inductive System Coils

    1. Test Procedures and Criteria
    a. Set up the circuit in accordance with Figure 1. Operate the 
circuit by an applicable distributor or equivalent triggering device and 
applicable primarly resistor with a 50 pf load at 14.0 0.50 volts DC input as applicable and stabilized at an 
ambient temperature of 20 [deg]C 3 [deg]C (68 
[deg]F 5 [deg]F).
    b. With the original equipment coil installed, record the 
predominant minimum peak voltage and rise time at 300 and 500 
distributor rpm, and at 500 rpm intervals up to the maximum intended 
operating speed. The measurement is to be taken after 4 minutes 
operation at each speed.
    c. Install the replacement coil to be tested and repeat step b. 
above.
    d. The replacement coil shall have an open-circuit output voltage 
(M-3) at least 90% of the OE coil output voltage and a rise time not to 
exceed 110% of original equipment coil at each distributor test speed.
    2. Durability Procedure
    a. Install the replacement ignition coil in the ignition system 
using the applicable rotor, cap, capacitor, breaker points, and primary 
resistor.
[GRAPHIC] [TIFF OMITTED] TC01MY92.110

    b. Operate the circuit with a regulated power supply of 14.0 .5 volts DC connected to the primary at an ambient 
temperature of 70 [deg]C (158 [deg]F) at 1750 50 
distributor rpm for a duration of 200 hours. After each 50 hour 
interval, run the distributor for 5 minutes with one open-circuit spark 
gap instead of a 12KV gap.
    c. The ignition coil shall perform throughout the test without any 
evidence of coil failure which would result in the loss of the spark in 
the 12 KV spark gap.
    d. Repeat Step 1.c. above. The open-circuit output voltage must be 
at least 90% of that measured in 1.c.

                          J. Primary Resistors

    1. Test Procedures and Criteria.
    a. Configure the circuit shown in Figure 2, using the original 
equipment resistor.
    b. At 20 3 [deg]C (68 5 
[deg]F), apply voltage for 15 minutes; maintain current at 2.5 amps. At 
conclusion of 15 minutes, read voltage and current. Calculate resistance 
using the relationship

R=E/I,

where:
R=Resistance in ohms,
E=Voltage (V) in volts,
I=Current (A) in amps.

    c. Replace OE test sample with part to be certified and repeat step 
b. above.
    d. Resistance of the part shall be within 20% 
of original equipment resistance.
    2. Durability Procedure.
    a. Using the circuit shown in Figure 1, apply current at 70 [deg]C 
(150 [deg]F), for 200 hours.
    b. After 200 hours retest as in step 1.c. above, and verify that 
resistance is within 20% of the value as measured 
in step 1.b. above.

                     K. Distributors--Breaker Point

    1. Test Procedures and Criteria.
    a. Using an appropriate test installation, operate the distributor 
through its intended speed range.
    b. The advance mechanism shall function within the tolerance of the 
vehicle manufacturer's original specification over the speed range of 
the intended application as to vacuum and centrifugal advance.
    c. The advance mechanism shall repeatedly return to the zero setting

0.5 distributor degrees after advancing and 
retarding through the operating range.


[[Page 101]]


    d. The distributor firing angle accuracy shall remain within the 
originally specified tolerances throughout the speed range of the 
intended application.
    e. The distributor shall be capable of maintaining the dwell angle 
of the original equipment specification with 2 
degrees throughout the speed range of the intended application.
    f. The distributor shall be capable of open-circuit output voltage 
(M-3) equal to at leat 90 percent of the voltage produced by the 
original equipment system over the speed range of the intended 
application.
    2. Durability Procedure.
    a. At an ambient temperature of 70 [deg]C (150 [deg]F), operate the 
distributor at 1750 50 rpm for 200 hours.
    b. The distributor must meet the requirements of paragraph 1.b. 
through f. after the 200 hours.

                      L. Reserved for Engine Valves

                        M. Reserved for Camshafts

                         N. Reserved for Pistons

                    O. Oxidizing Catalytic Converters

    1. Test Procedures and Criteria.
    (a) The fresh and aged conversion efficiencies of the replacement 
oxidizing catalytic converter shall be equal to or exceed those of the 
original equipment converter for CO and HC emissions. The fresh and aged 
Light-off Time (LOT) of the replacement converter shall be equal to or 
less than those of the original equipment converter for CO and HC 
emissions. These parameters shall be determined for both fresh and aged 
converters under the same conditions using the following steady state 
feed gas concentrations and conditions for LOT and Conversion Efficiency 
respectively:

------------------------------------------------------------------------
                                                          Conversion
                                          LOT             efficiency
------------------------------------------------------------------------
Exhaust mass flow rate..........  See note (2)......  See note (1).
Total hydrocarbons..............  See note (3)......  See note (3).
Carbon monoxide.................  1.0 to 2.5%.......  1.0 to 2.5%.
Hydrogen........................  0.33x% CO maximum.  0.33x% CO maximum.
Oxygen..........................  1.5x% CO minimum..  1.5x% CO minimum.
Converter inlet gas temperature.  650 [deg]F to 850   650 [deg]F to 850
                                   [deg]F.             [deg]F.
------------------------------------------------------------------------

    Note 1: Not less than peak air flow of the vehicle or engine 
configuration being certified for. If more than one vehicle or engine 
application is to be covered by a generic converter, the greatest peak 
vehicle or engine air flow shall be used.
    Note 2: Between 0.10 and 0.40 times the value determined in Note 1.
    Note 3: 500-2000 parts per million by volume minimum based on 
Methane calibration. If a non-engine simulator gas source is used, a 
mixture ratio of 10% propane to 90% propylene by volume will constitute 
an acceptable synthetic for total exhaust hydrocarbons.

    (i) LOT tests shall be conducted by exposing the converter to a step 
change in temperature, from ambient to that specified above: 650[deg]-
850 [deg]F. Converter inlet and outlet exhaust emissions as measured. 
Light-off Time is then determined by recording the time required for the 
converter to reduce the outlet emissions (HC and CO) to 50% of the inlet 
emissions, on a volumetric concentration basis, measured from the step 
temperature change.
    (ii) Conversion efficiency measurements shall be obtained by passing 
stabilized-feed gas through the converter (at conditions specified 
above) and making simultaneous measurements of inlet and outlet emission 
volume concentrations. The conversion efficiency for CO and HC is then 
calculated.
    (iii) The particular conditions for which LOT and conversion 
efficiency are measured (i.e., exhaust mass flow rate, total 
hydrocarbons, carbon monoxide, hydrogen, oxygen, and converter inlet 
temperature) for the replacement converter and original equipment 
converter tests must not vary from one another by more than 10%.
    (b) Fresh and aged catalytic converters may be obtained by operating 
the converter on individual vehicle or engine application for which it 
is intended on the Federal Test Procedure road durability driving cycle. 
A fresh converter results when the converter has operated between 2000 
and 5000 miles or equivalent hours. An aged converter results when the 
converter has been operated for the warranted life of the original 
equipment converter.
    (c) Where one generic converter is intended to cover multiple 
vehicle or engine configurations, converter aging may be obtained per 
Paragraph (b) above, on a vehicle or engine which represents the 
greatest peak air flow of the group of vehicle configurations to be 
covered, and whose calibration and feed gas concentrations are 
representative of the vehicle or engine configurations being certified 
for.
    2. Other Considerations.
    (a) Replacement converter must fit within the width and length space 
envelope of the original equipment converter. Converter spacing from the 
underbody and for ground clearance must be the same or greater than the 
original equipment converter application.
    (b) Pressure drop measured between inlet and outlet pipe 
interconnecting points on the replacement converter shall be within 
25% of similar measurements for the original 
equipment converter being replaced, when measured at each of three flow 
conditions 50 SCFM, 100 SCFM, and 150 SCFM

[[Page 102]]

with a suitable fluid medium such as air. Maximum allowable exhaust gas 
leakage from the replacement coverter shall be 0.4 cubic feet per minute 
measured at 4.0 pounds per square inch differential. All measurements 
must be normalized to equal density conditions.
    (c) Converter skin temperature shall be measured during the 
converter efficiency test. The skin temperature for the replacement 
converter must equal or be less than that for the original equipment 
converter.

                      P. Air Cleaner Filter Element

    1. Test Procedures and Criteria.
    (a) Using test equipment and procedures specified in SAE-J726c, 
perform:
    (i) Air Flow and Pressure Drop Test (2.3) at 200 SCFM, record test 
conditions and pressure drop.
    (ii) Efficiency Test (2.4) to measure full life efficiency at 200 
SCFM to a total pressure drop of 9 inches of water, record test 
conditions and test duration from first to last addition of standard 
dust, weigh test element and absolute filter at end of test using three 
randomly selected original equipment air filter elements.
    (b) Perform tests as in (a) above, under conditions controlled to 
within 10% of the corresponding original equipment 
test conditions, for three randomly selected replacement air filter 
elements.
    (c) The replacement air filter element average recorded test 
results. The pressure drop in (i) and absolute filter weight in (ii) 
must be equal to or less than those average results for the original 
equipment test results. The replacement air filter averaged test results 
for element weight in (ii) must be equal to or larger than averaged 
result for the original equipment averaged test results.
    2. Durability Procedure.
    (a) After use in the intended vehicle or engine application for the 
recommended service interval, the replacement element shall evidence an 
increase in pressure drop (as measured in 1 (a)(i) above) equal to or 
less than that of the original equipment air filter element tested in 
the identical manner.

[45 FR 78464, Nov. 25, 1980, as amended at 54 FR 32593, Aug. 8, 1989]



Sec. Appendix II to Subpart V of Part 85--Arbitration Rules

                           Part A--Pre-Hearing

                  Section 1: Initiation of Arbitration

    Either party may commence an arbitration under these rules by filing 
at any regional office of the American Arbitration Association (the AAA) 
three copies of a written submission to arbitrate under these rules, 
signed by either party. It shall contain a statement of the matter in 
dispute, the amount of money involved, the remedy sought, and the 
hearing locale requested, together with the appropriate administrative 
fee as provided in the Administrative Fee Schedule of the AAA in effect 
at the time the arbitration is filed. The filing party shall notify the 
MOD Director in writing within 14 days of when it files for arbitration 
and provide the MOD Director with the date of receipt of the bill by the 
part manufacturer.
    Unless the AAA in its discretion determines otherwise and no party 
disagrees, the Expedited Procedures (as described in Part E of these 
Rules) shall be applied in any case where no disclosed claim or 
counterclaim exceeds $32,500, exclusive of interest and arbitration 
costs. Parties may also agree to the Expedited Procedures in cases 
involving claims in excess of $32,500.
    All other cases, including those involving claims not in excess of 
$32,500 where either party so desires, shall be administered in 
accordance with Parts A through D of these Rules.

                 Section 2: Qualification of Arbitrator

    Any arbitrator appointed pursuant to these Rules shall be neutral, 
subject to disqualification for the reasons specified in Section 6. If 
the parties specifically so agree in writing, the arbitrator shall not 
be subject to disqualification for said reasons.
    The term ``arbitrator'' in these rules refers to the arbitration 
panel, whether composed of one or more arbitrators.

      Section 3: Direct Appointment by Mutual Agreement of Parties

    The involved manufacturers should select a mutually-agreeable 
arbitrator through which they will resolve their dispute. This step 
should be completed within 90 days from the date of receipt of the 
warranty claim bill by the part manufacturer.

                    Section 4: Appointment From Panel

    If the parties have not appointed an arbitrator and have not 
provided any other method of appointment, the arbitrator shall be 
appointed in the following manner: 90 days from the date of receipt of 
the warranty claim bill by the part manufacturer, the AAA shall submit 
simultaneously to each party to the dispute an identical list of names 
of persons chosen from the National Panel of Commercial Arbitrators, 
established and maintained by the AAA.
    Each party to the dispute shall have ten days from the mailing date 
in which to cross off any names objected to, number the remaining names 
in order of preference, and return the list to the AAA. If a party does 
not return the list within the time specified, all persons named therein 
shall be deemed acceptable. From among the persons who

[[Page 103]]

have been approved on both lists, and in accordance with the designated 
order of mutual preference, the AAA shall invite the acceptance of an 
arbitrator to serve. If the parties fail to agree on any of the persons 
named, or if acceptable arbitrators are unable to act, or if for any 
other reason the appointment cannot be made from the submitted lists, 
the AAA shall have the power to make the appointment from among other 
members of the panel without the submission of additional lists.

  Section 5: Number of Arbitrators; Notice to Arbitrator of Appointment

    The dispute shall be heard and determined by one arbitrator, unless 
the AAA in its discretion, directs that a greater number of arbitrators 
be appointed.
    Notice of the appointment of the arbitrator shall be mailed to the 
arbitrator by the AAA, together with a copy of these rules, and the 
signed acceptance of the arbitrator shall be filed with the AAA prior to 
the opening of the first hearing.

              Section 6: Disclosure and Challenge Procedure

    Any person appointed as an arbitrator shall disclose to the AAA any 
circumstance likely to affect impartiality, including any bias or any 
financial or personal interest in the result of the arbitration or any 
past or present relationship with the parties or their representatives. 
Upon receipt of such information from the arbitrator or another source, 
the AAA shall communicate the information to the parties and, if it 
deems it appropriate to do so, to the arbitrator and others. Upon 
objection of a party to the continued service of an arbitrator, the AAA 
shall determine whether the arbitrator should be disqualified and shall 
inform the parties of its decision, which shall be conclusive.

                          Section 7: Vacancies

    If for any reason an arbitrator should be unable to perform the 
duties of the office, the AAA may, on proof satisfactory to it, declare 
the office vacant. Vacancies shall be filled in accordance with the 
applicable provisions of these rules.
    In the event of a vacancy in a panel of arbitrators after the 
hearings have commenced, the remaining arbitrator or arbitrators may 
continue with the hearing and determination of the controversy, unless 
the parties agree otherwise.

           Section 8: Interpretation and Application of Rules

    The arbitrator shall interpret and apply these rules insofar as they 
relate to the arbitrator's powers and duties. When there is more than 
one arbitrator and a difference arises among them concerning the meaning 
or application of these rules, it shall be decided by a majority vote. 
If that is unobtainable, either an arbitrator or a party may refer the 
question to the AAA for final decision. All other rules shall be 
interpreted and applied by the AAA.

      Section 9: Administrative Conference and Preliminary Hearing

    At the request of any party or at the discretion of the AAA, an 
administrative conference with the AAA and the parties and/or their 
representatives will be scheduled in appropriate cases to expedite the 
arbitration proceedings.
    In large or complex cases, at the request of any party or at the 
discretion of the arbitrator or the AAA, a preliminary hearing with the 
parties and/or their representatives and the arbitrator may be scheduled 
by the arbitrator to specify the issues to be resolved, stipulate to 
uncontested facts, and to consider any other matters that will expedite 
the arbitration proceedings. Consistent with the expedited nature of 
arbitration, the arbitrator may, at the preliminary hearing, establish 
(i) the extent of and the schedule for the production of relevant 
documents and other information, (ii) the identification of any 
witnesses to be called, and (iii) a schedule for further hearings to 
resolve the dispute.

                      Section 10: Fixing of Locale

    The parties may mutually agree on the locale where the arbitration 
is to be held. If any party requests that the hearing be held in a 
specific locale and the other party files no objection thereto within 
ten days after notice of the request has been mailed to it by the AAA, 
the locale shall be the one requested. If a party objects to the locale 
requested by the other party, the AAA shall have the power to determine 
the locale and its decision shall be final and binding.

                           Part B--The Hearing

               Section 1: Date, Time, and Place of Hearing

    The arbitrator shall set the date, time, and place for each hearing. 
The AAA shall mail to each party notice thereof at least ten days in 
advance, unless the parties by mutual agreement waive such notice or 
modify the terms thereof.

                        Section 2: Representation

    Any party may be represented by counsel or other authorized 
representative. A party intending to be so represented shall notify the 
other party and the AAA of the name and address of the representative at 
least three days prior to the date set for the hearing at which that 
person is first to appear.

[[Page 104]]

When such a representative initiates an arbitration or responds for a 
party, notice is deemed to have been given.

                    Section 3: Attendance at Hearings

    The arbitrator shall maintain the privacy of the hearings unless the 
law provides to the contrary. Representatives of the MOD director, and 
any persons having a direct interest in the arbitration are entitled to 
attend hearings. The arbitrator shall otherwise have the power to 
require the exclusion of any witness, other than a party or other 
essential person, during the testimony of any other witness. It shall be 
discretionary with the arbitrator to determine the propriety of the 
attendance of any other person.

                            Section 4: Oaths

    Before proceeding with the first hearing, each arbitrator may take 
an oath of office and, if required by law, shall do so. The arbitrator 
may require witnesses to testify under oath administered by any duly 
qualified person and, if it is required by law or requested by any 
party, shall do so.

                      Section 5: Majority Decision

    All decisions of the arbitrators must be by a majority. The award 
must also be made by a majority.

    Section 6: Order of Proceedings and Communication with Arbitrator

    A hearing shall be opened by the filing of the oath of the 
arbitrator, where required; by the recording of the date, time, and 
place of the hearing, and the presence of the arbitrator, the parties 
and their representatives, if any; and by the receipt by the arbitrator 
of the statement of the claim and the answering statement, if any.
    The arbitrator may, at the beginning of the hearing, ask for 
statements clarifying the issues involved. In some cases, part or all of 
the above will have been accomplished at the preliminary hearing 
conducted by the arbitrator pursuant to Part A Section 9 of these Rules.
    The complaining party shall then present evidence to support its 
claim. The defending party shall then present evidence supporting its 
defense. Witnesses for each party shall submit to questions or other 
examination. The arbitrator has the discretion to vary this procedure 
but shall afford a full and equal opportunity to all parties for the 
presentation of any material and relevant evidence.
    Exhibits, when offered by either party, may be received in evidence 
by the arbitrator.
    The names and addresses of all witnesses and a description of the 
exhibits in the order received shall be made a part of the record.
    There shall be no direct communication between the parties and an 
arbitrator other than at oral hearing, unless the parties and the 
arbitrator agree otherwise. Any other oral or written communication from 
the parties to the neutral arbitrator shall be directed to the AAA for 
transmittal to the arbitrator.

                           Section 7: Evidence

    The parties may offer such evidence as is relevant and material to 
the dispute and shall produce such evidence as the arbitrator may deem 
necessary to an understanding and determination of the dispute. An 
arbitrator or other person authorized by law to subpoena witnesses or 
documents may do so upon the request of any party or independently.
    The arbitrator shall be the judge of the relevance and materiality 
of the evidence offered, and conformity to legal rules of evidence shall 
not be necessary. All evidence shall be taken in the presence of all of 
the arbitrators and all of the parties, except where any of the parties 
is absent, in default, or has waived the right to be present.

Section 8: Evidence by Affidavit and Post-hearing Filing of Documents or 
                             Other Evidence

    The arbitrator may receive and consider the evidence of witnesses by 
affidavit, but shall give it only such weight as the arbitrator deems it 
entitled to after consideration of any objection made to its admission.
    If the parties agree or the arbitrator directs that documents or 
other evidence be submitted to the arbitrator after the hearing, the 
documents or other evidence shall be filed with the AAA for transmission 
to the arbitrator. All parties shall be afforded an opportunity to 
examine such documents or other evidence.

                      Section 9: Closing of Hearing

    The arbitrator shall specifically inquire of all parties whether 
they have any further proofs to offer or witnesses to be heard. Upon 
receiving negative replies or if satisfied that the record is complete, 
the arbitrator shall declare the hearing closed and a minute thereof 
shall be recorded. If briefs are to be filed, the hearing shall be 
declared closed as of the final date set by the arbitrator for the 
receipt of briefs. If documents are to be filed as provided for in Part 
B Section 9 and the date set for their receipt is later than that set 
for the receipt of briefs, the later date shall be the date of closing 
the hearing. The time limit within which the arbitrator is required to 
make the award shall commence to run, in the absence of other agreements 
by the parties, upon the closing of the hearing.

[[Page 105]]

                    Section 10: Reopening of Hearing

    The hearing may be reopened on the arbitrator's initiative, or upon 
application of a party, at any time before the award is made. The 
arbitrator may reopen the hearing and shall have 30 days from the 
closing of the reopened hearing within which to make an award.

                   Section 11: Waiver of Oral Hearing

    The parties may provide, by written agreement, for the waiver of 
oral hearings.

                       Section 12: Waiver of Rules

    Any party who proceeds with the arbitration after knowledge that any 
provision or requirement of these rules has not been complied with and 
who fails to state an objection thereto in writing, shall be deemed to 
have waived the right to object.

                     Section 13: Extensions of Time

    The parties may modify any period of time by mutual agreement. The 
AAA or the arbitrator may for good cause extend any period of time 
established by these rules, except the time for making the award. The 
AAA shall notify the parties of any extension.

                      Section 14: Serving of Notice

    Each party shall be deemed to have consented that any papers, 
notices, or process necessary or proper for the initiation or 
continuation of an arbitration under these rules; for any court action 
in connection therewith; or for the entry of judgment on any award made 
under these rules may be served on a party by mail addressed to the 
party or its representative at the last known address or by personal 
service, inside or outside the state where the arbitration is to be 
held, provided that reasonable opportunity to be heard with regard 
thereto has been granted to the party.
    The AAA and the parties may also use facsimile transmission, telex, 
telegram, or other written forms of electronic communication to give the 
notices required by these rules.

                       Part C--Award and Decision

                        Section 1: Time of Award

    The award shall be made promptly by the arbitrator and, unless 
otherwise agreed by the parties or specified by law, no later than 30 
days from the date of closing the hearing, or, if oral hearings have 
been waived, from the date of the AAA's transmittal of the final 
statements and proofs to the arbitrator.

                        Section 2: Form of Award

    The award shall be in writing and shall be signed by the arbitrator, 
or if a panel is utilized, a majority of the arbitrators. It shall be 
accompanied by a written decision which sets forth the reasons for the 
award. Both the award and the decision shall be filed by the arbitrator 
with the MOD Director.

                        Section 3: Scope of Award

    The arbitrator may grant to the vehicle manufacturer any repair 
expenses that he or she deems to be just and equitable.

                    Section 4: Award upon Settlement

    If the parties settle their dispute during the course of the 
arbitration, the arbitrator may set forth the terms of the agreed 
settlement in an award. Such an award is referred to as a consent award. 
The consent award shall be filed by the arbitrator with the MOD 
Director.

                 Section 5: Delivery of Award to Parties

    Parties shall accept as legal delivery of the award, the placing of 
the award, or a true copy thereof in the mail addressed to a party or 
its representative at the last known address, personal service of the 
award, or the filing of the award in any other manner that is permitted 
by law.

        Section 6: Release of Documents for Judicial Proceedings

    The AAA shall, upon the written request of a party, furnish to the 
party, at its expense, certified copies of any papers in the AAA's 
possession that may be required in judicial proceedings relating to the 
arbitration.

                        Part D--Fees and Expenses

                      Section 1: Administrative Fee

    The AAA shall be compensated for the cost of providing 
administrative services according to the AAA Administrative Fee Schedule 
and the AAA Refund Schedule. The Schedules in effect at the time the 
demand for arbitration or submission agreement is received shall be 
applicable.
    The administrative fee shall be advanced by the initiating party or 
parties, subject to final allocation at the end of the case.
    When a claim or counterclaim is withdrawn or settled, the refund 
shall be made in accordance with the Refund Schedule. The AAA may, in 
the event of extreme hardship on the part of any party, defer or reduce 
the administrative fee.

                           Section 2: Expenses

    The loser of the arbitration is liable for all arbitration expenses 
unless determined otherwise by the arbitrator.

[[Page 106]]

                       Section 3: Arbitrator's Fee

    An arrangement for the compensation of an arbitrator shall be made 
through discussions by the parties with the AAA and not directly between 
the parties and the arbitrator. The terms of compensation of arbitrators 
on a panel shall be identical.

                           Section 4: Deposits

    The AAA may require the parties to deposit in advance of any 
hearings such sums of money as it deems necessary to defray the expense 
of the arbitration, including the arbitrator's fee, if any, and shall 
render an accounting to the parties and return any unexpended balance at 
the conclusion of the case.

                      Part E--Expedited Procedures

                     Section 1: Notice by Telephone

    The parties shall accept all notices from the AAA by telephone. Such 
notices by the AAA shall subsequently be confirmed in writing to the 
parties. Should there be a failure to confirm in writing any notice 
hereunder, the proceeding shall nonetheless be valid if notice has, in 
fact, been given by telephone.

         Section 2: Appointment and Qualifications of Arbitrator

    The AAA shall submit simultaneously to each party an identical list 
of five proposed arbitrators drawn from the National Panel of Commercial 
Arbitrators, from which one arbitrator shall be appointed.
    Each party may strike two names from the list on a preemptory basis. 
The list is returnable to the AAA within seven days from the date of the 
AAA's mailing of the list to the parties.
    If for any reason the appointment of an arbitrator cannot be made 
from the list, the AAA may make the appointment from among other members 
of the panel without the submission of additional lists.
    The parties will be given notice by the AAA by telephone of the 
appointment of the arbitrator, who shall be subject to disqualification 
for the reasons specified in Part A, Section 6. The parties shall notify 
the AAA, by telephone, within seven days of any objection to the 
arbitrator appointed. Any objection by a party to the arbitrator shall 
be confirmed in writing to the AAA with a copy to the other party or 
parties.

               Section 3: Date, Time, and Place of Hearing

    The arbitrator shall set the date, time, and place of the hearing. 
The AAA will notify the parties by telephone, at least seven days in 
advance of the hearing date. Formal Notice of Hearing will be sent by 
the AAA to the parties and the MOD Director.

                         Section 4: The Hearing

    Generally, the hearing shall be completed within one day, unless the 
dispute is resolved by the submission of documents. The arbitrator, for 
good cause shown, may schedule an additional hearing to be held within 
seven days.

                        Section 5: Time of Award

    Unless otherwise agreed by the parties, the award shall be rendered 
not later than 14 days from the date of the closing of the hearing.

                    Section 6: Applicability of Rules

    Unless explicitly contradicted by the provisions of this part, 
provisions of other parts of the Rules apply to proceedings conducted 
under this part.

[54 FR 32593, Aug. 8, 1989, as amended at 70 FR 40432, July 13, 2005]



   Subpart W_Emission Control System Performance Warranty Short Tests

    Authority: Secs. 207, 301(a), Clean Air Act as amended (42 U.S.C. 
7541(b) and 7601(a)).



Sec. 85.2201  Applicability.

    (a) This subpart contains the short tests and standards to be 
employed in conjunction with the Emissions Performance Warranty, subpart 
V.
    (b) Calendar and model year limitations. Certain test procedures 
contained in this subpart are subject to calendar and model year 
limitations. Otherwise, unless specifically indicated, the provisions of 
this subpart may be used to establish warranty eligibility for any 1981 
and later model year light-duty vehicle and light-duty truck when tested 
during its useful life as prescribed under the Emissions Performance 
Warranty, in subpart V of this part.
    (c) Special recommendations for Ford Motor Company and Honda Prelude 
vehicles. Due to unique emission control systems, 1981 through 1987 
model year vehicles manufactured by Ford Motor Company and 1984 through 
1985 model year Honda Preludes must be tested with procedures that 
either incorporate a special engine restart feature or utilize a 
dynamometer to simulate a road load. The Agency has included short tests 
with the special engine restart feature in this subpart even

[[Page 107]]

though these vehicles are no longer eligible for the Emissions 
Performance Warranty, to ensure they are properly tested by state or 
other I/M authorities. Short tests incorporating the restart feature are 
the Engine restart 2500 rpm/Idle test--EPA 81 (Sec. 85.2210), Engine 
restart idle test--EPA 81 (Sec. 85.2211), Idle test--EPA 91 (Sec. 
85.2213), Two speed idle test--EPA 91 (Sec. 85.2215), Preconditioned 
idle test--EPA 91 (Sec. 85.2218), Idle test with loaded 
preconditioning--EPA 91 (Sec. 85.2219), and Preconditioned two speed 
idle test--EPA 91 (Sec. 85.2220). Short tests utilizing a dynamometer 
are the Loaded test--EPA 81 (Sec. 85.2216) and Loaded test--EPA 91 
(Sec. 85.2217). This recommendation does not apply to tests conducted 
at altitudes above 4000 feet. Any of the short test procedures may be 
used for other vehicles which are similarly no longer eligible for 
performance warranty coverage.

[49 FR 24323, June 12, 1984, as amended at 58 FR 58400, Nov. 1, 1993]



Sec. 85.2202  General provisions.

    The definitions and abbreviations in subpart A of part 86 of this 
chapter apply to this subpart.

[49 FR 24323, June 12, 1984]



Sec. 85.2203  Short test standards for 1981 and later model year 
light-duty vehicles.

    (a) For light-duty vehicles for which the test procedures described 
in Sec. 85.2209, Sec. 85.2210, Sec. 85.2211, Sec. 85.2212, Sec. 
85.2214, or Sec. 85.2216 are used to establish Emissions Performance 
Warranty eligibility (that is, 1981 and later model year light-duty 
vehicles at low altitude and 1982 and later model year vehicles at high 
altitude to which high altitude certification standards of 1.5 g/mile HC 
and 15 g/mile CO or less apply), short test emissions for all tests and 
test modes may not exceed the standards listed in paragraphs (a)(1) and 
(2) of this section.
    (1) Hydrocarbons: 220 ppm as hexane.
    (2) Carbon monoxide: 1.2%.
    (b) For light-duty vehicles for which the test procedure described 
in Sec. 85.2214 is used to establish Emissions Performance Warranty 
eligibility (that is, 1981 and later model year light-duty vehicles at 
low altitude and 1982 and later model year vehicles at high altitude to 
which high altitude certification standards of 1.5 g/mile HC and 15 g/
mile CO or less apply), the lowest readings from the two idle modes must 
be used to determine compliance. Short test emissions may not exceed the 
standards listed in paragraphs (b)(1) and (2) of this section.
    (1) Hydrocarbons: 200 ppm as hexane.
    (2) Carbon monoxide: 1.0%.
    (c) For gasoline-fueled light-duty vehicles for which any of the 
test procedures described in Sec. 85.2213, Sec. 85.2215, Sec. 
85.2217, Sec. 85.2218, Sec. 85.2219, or Sec. 85.2220 are utilized to 
establish Emissions Performance Warranty eligibility (that is, 1981 and 
later model year light-duty vehicles at low altitude and 1982 and later 
model year vehicles at high altitude to which high altitude 
certification standards of 1.5 g/mile HC and 15 g/mile CO or less 
apply), short test emissions for all tests and test modes may not exceed 
the standards listed in paragraphs (c)(1) and (2) of this section.
    (1) Hydrocarbons: 220 ppm as hexane.
    (2) Carbon monoxide: 1.2%.

[58 FR 58401, Nov. 1, 1993]



Sec. 85.2204  Short test standards for 1981 and later model year 
light-duty trucks.

    (a) For light-duty trucks for which the test procedures described in 
Sec. 85.2209, Sec. 85.2210, Sec. 85.2211, Sec. 85.2212, Sec. 
85.2214, or Sec. 85.2216 are used to establish Emissions Performance 
Warranty eligibility (that is, 1981 and later model year light-duty 
trucks at low altitude and 1982 and later model year trucks at high 
altitude to which high altitude certification standards of 2.0 g/mile HC 
and 26 g/mile CO or less apply), short test emissions may not exceed the 
standards listed in paragraphs (a)(1) and (2) of this section.
    (1) Hydrocarbons: 220 ppm as hexane.
    (2) Carbon monoxide: 1.2%.
    (b) For light-duty trucks for which the test procedure described in 
Sec. 85.2214 is used to establish Emissions Performance Warranty 
eligibility (that is, 1981 and later model year light-duty trucks at low 
altitude and 1982 and later model year trucks at high altitude to which 
high altitude certification standards of 2.0 g/mile HC and 26 g/mile CO

[[Page 108]]

or less apply), the lowest readings from the two idle modes must be used 
to determine compliance. Short test emissions may not exceed the 
standards listed in paragraphs (b)(1) and (2) of this section.
    (1) Hydrocarbons: 200 ppm as hexane.
    (2) Carbon monoxide: 1.0%.
    (c) For 1981 and later model year gasoline-fueled light-duty trucks 
for which any of the test procedures described in Sec. 85.2213, Sec. 
85.2215, Sec. 85.2217, Sec. 85.2218, Sec. 85.2219, or Sec. 85.2220 
are utilized to establish Emissions Performance Warranty eligibility 
(that is, 1981 and later model year light-duty trucks at low altitude 
and 1982 and later model year trucks at high altitude to which high 
altitude certification standards of 2.0 g/mile HC and 26 g/mile CO or 
less apply), short test emissions for all tests and test modes may not 
exceed the standards listed in paragraphs (c)(1) and (2) of this 
section.
    (1) Hydrocarbons: 220 ppm as hexane.
    (2) Carbon monoxide: 1.2%.

[58 FR 58401, Nov. 1, 1993]



Sec. Sec. 85.2205-85.2206  [Reserved]



Sec. 85.2207  On-board diagnostics test standards.

    (a) [Reserved]
    (b) A vehicle shall fail the on-board diagnostics test if it is a 
1996 or newer vehicle and the vehicle connector is missing, has been 
tampered with, or is otherwise inoperable.
    (c) A vehicle shall fail the on-board diagnostics test if the 
malfunction indicator light is commanded to be illuminated and it is not 
visually illuminated according to visual inspection.
    (d) A vehicle shall fail the on-board diagnostics test if the 
malfunction indicator light is commanded to be illuminated for one or 
more OBD diagnostic trouble codes (DTCs), as defined by SAE J2012. The 
procedure shall be done in accordance with SAE J2012 Diagnostic Trouble 
Code Definitions, (MAR92). This incorporation by reference was approved 
by the Director of the Federal Register in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. Copies of SAE J2012 may be obtained from the 
Society of Automotive Engineers, Inc., 400 Commonwealth Drive, 
Warrendale, PA 15096-0001. Copies may be inspected at the EPA Docket No. 
A-94-21 at EPA's Air Docket, (LE-131) Room 1500 M, 1st Floor, Waterside 
Mall, 401 M Street SW, Washington, DC, or at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html.
    (e) [Reserved]

[61 FR 40946, Aug. 6, 1996, as amended at 63 FR 24433, May 4, 1998; 66 
FR 18178, Apr. 5, 2001]



Sec. 85.2208  Alternative standards and procedures.

    (a)(1) As a part of the certification process, as set forth in 40 
CFR part 86, subparts A and S, a manufacturer may request an alternative 
short test standard or short test procedure for any vehicle or engine 
for which the standards or procedures specified in this subpart are not 
appropriate. The requestor shall supply relevant test data and technical 
support to substantiate the claim and shall also recommend alternative 
test procedures and/or standards for the Administrator's consideration. 
Upon an acceptable showing that the general standards or procedures are 
not appropriate, the Administrator shall set alternative standards or 
procedures through rulemaking. The administrative provisions of the 
certification process (see 40 CFR part 86, subparts A and S), apply to 
such a request for alternative standards or procedures.
    (2) Any such alternative standards or test procedures must be 
specified on the emission control information label to be effective for 
that particular vehicle or engine. The Administrator may waive this 
requirement if it is determined that a given model year of production 
for which an alternative test procedure is promulgated is too far 
advanced at the time of promulgation to make such a requirement 
practical.
    (3) Alternative test procedures may be approved if the Administrator 
finds that:
    (i) Such procedures are in accordance with good engineering 
practice, including errors of commission (at cutpoints corresponding to 
equivalent emission

[[Page 109]]

reductions) no higher than the tests they would replace;
    (ii) Such procedures show a correlation with the Federal Test 
Procedure (with respect to their ability to detect high emitting 
vehicles and ensure their effective repair) equal to or better than the 
tests they would replace; and
    (iii) Such procedures would produce equivalent emission reductions 
in combination with other program elements.
    (b) A State or other I/M authority conducting or supervising tests 
under this subpart may request to use quality control procedures which 
are different than those in Sec. 85.2217. After an appropriate 
opportunity for public comment, the Administrator may approve the 
requested procedures provided the requested procedures are equivalent to 
those in Sec. 85.2217. The requestor shall supply relevant test data 
and technical support to substantiate the claim that the procedures are 
equivalent to the specifications described in Sec. 85.2217. Following a 
preliminary determination by the Administrator that an alternative 
procedure is equvalent, a Federal Register notice will be published 
announcing the request and explaining EPA's preliminary determination. 
All information relevant to the preliminary determination will be made 
available for comment in the public docket. Interested parties will be 
given 30 days to submit comments, and if EPA concludes that the 
preliminary determination was not in error, a final Federal Register 
notice will be published granting the State permission to use the 
alternative procedure.
    (c)(1) A state or other I/M authority conducting or supervising 
tests under this subpart may request to use alternative short test 
standards or procedures. The requester must supply relevant test data 
and technical support to substantiate the claim and must also recommend 
alternative standards or test procedures for the Administrator's 
consideration. If the Administrator determines that the alternative 
standards or procedures satisfy the provisions of the Clean Air Act, 42 
U.S.C. 7541 paragraphs (b)(i), (b)(ii), and (b)(iii) of this section, 
the Administrator will set alternative standards or procedures through 
rulemaking.
    (2) Alternative test procedures may be approved if the Administrator 
finds that:
    (i) Such procedures are in accordance with good engineering 
practice, including errors of commission (at cutpoints corresponding to 
equivalent emission reductions) no higher than the tests they would 
replace;
    (ii) Such procedures show a correlation with the Federal Test 
Procedure (with respect to their ability to detect high emitting 
vehicles and ensure their effective repair) equal to or better than the 
tests they would replace; and
    (iii) Such procedures would produce equivalent emission reductions 
in combination with other program elements.

[49 FR 24323, June 12, 1984, as amended at 58 FR 58401, Nov. 1, 1993; 64 
FR 23920, May 4, 1999]



Sec. 85.2209  2500 rpm/idle test--EPA 81.

    (a)(1) General calendar year applicability. The test procedure 
described in this section may be used to establish Emissions Performance 
Warranty eligibility through December 31, 1993, except as allowed in 
paragraph (a)(2) of this section.
    (2) Special calendar and model year applicability. (i) The extended 
applicability described in paragraphs (a)(2) (ii) through (iv) of this 
section is restricted to 1995 and earlier model year vehicles or 
engines.
    (ii) In a state for which the Administrator has approved a State 
Implementation Plan revision providing for the implementation of a basic 
decentralized program meeting the requirements of part 51, subpart S of 
this chapter, according to the schedule specified in Sec. 51.373 of 
this chapter, the test procedure described in this section may be used 
to establish Emissions Performance Warranty eligibility through December 
31, 1993.
    (iii) In a state for which the Administrator has approved a State 
Implementation Plan revision providing for the implementation of a basic 
centralized program meeting the requirements of part 51, subpart S of 
this chapter, according to the schedule specified in Sec. 51.373 of 
this chapter, the test procedure described in this section may be

[[Page 110]]

used to establish Emissions Performance Warranty eligibility through 
June 30, 1994.
    (iv) In a state for which the Administrator has approved a State 
Implementation Plan revision providing for the implementation of an 
enhanced program meeting the requirements of part 51, subpart S of this 
chapter, according to the schedule specified in Sec. 51.373 of this 
chapter, the test procedure described in this section may be used to 
establish Emissions Performance Warranty eligibility through December 
31, 1995.
    (b) General requirements. Vehicles shall be tested in as-received 
condition. Engines shall be at normal operating temperature and not 
overheating (as indicated by gauge, warning light or boiling radiator) 
with all accessories off.
    (c) Test sequence. (1) Analyzers shall be warmed-up, in stabilized 
operating condition and adjusted as required in Sec. 85.2217.
    (2) Attach tachometer pick up.
    (3) With engine idling and transmission in neutral, the sample probe 
shall be inserted into the tailpipe.
    (4) The engine speed shall be increased to 2500 300 rpm, with transmission in neutral. Record exhaust 
concentrations after stabilized readings are obtained or at the end of 
30 seconds, whichever occurs first. This process shall be repeated as 
necessary for multiple exhaust pipes, or hardware which is capable of 
simultaneously sampling multiple tailpipes may be used. However, if this 
hardware is not used, exhaust concentrations from each pipe shall be 
measured within the 30 second period if stable readings can be obtained 
from both pipes before the 30 seconds have elapsed. If this is not 
possible, the procedures shall be conducted through step (5) for the 
first pipe and then the entire procedure beginning from step (3) shall 
be repeated for the second pipe. Neither multiple readings nor 
simultaneous sampling hardware is necessary for exhaust systems in which 
the exhaust pipes originate from a common point.
    (5) The engine speed shall be reduced to free idle with transmission 
in neutral. Record exhaust concentrations after stabilized readings are 
obtained or at the end of 30 seconds, whichever occurs first. Repeat as 
specified in paragraph (b)(4) of this section for multiple exhaust 
pipes, unless hardware capable of simultaneous sampling of multiple 
exhaust pipes is used.
    (6) For vehicles with multiple exhaust pipes, the separate results 
from each pipe for each mode (as specified in paragraphs (c)(4) and (5) 
of this section) must be numerically averaged for each pollutant, unless 
hardware which is capable of simultaneously sampling multiple exhaust 
pipes has been used.
    (7) Exhaust concentration measurements from both the idle mode and 
the high speed mode are required.

[49 FR 24323, June 12, 1984, as amended at 58 FR 58402, Nov. 1, 1993]



Sec. 85.2210  Engine restart 2500 rpm/idle test--EPA 81.

    (a)(1) General calendar year applicability. The test procedure 
described in this section may be used to establish Emissions Performance 
Warranty eligibility through December 31, 1993, except as allowed in 
paragraph (a)(2) of this section.
    (2) Special calendar and model year applicability. (i) The extended 
applicability described in paragraphs (a)(2) (ii) through (iv) of this 
section is restricted to 1995 and earlier model year vehicles or 
engines.
    (ii) In a state for which the Administrator has approved a State 
Implementation Plan revision providing for the implementation of a basic 
decentralized program meeting the requirements of part 51, subpart S of 
this chapter, according to the schedule specified in Sec. 51.373 of 
this chapter, the test procedure described in this section may be used 
to establish Emissions Performance Warranty eligibility through December 
31, 1993.
    (iii) In a state for which the Administrator has approved a State 
Implementation Plan revision providing for the implementation of a basic 
centralized program meeting the requirements of part 51, subpart S of 
this chapter, according to the schedule specified in Sec. 51.373 of 
this chapter, the test procedure described in this section may be used 
to establish Emissions Performance Warranty eligibility through June 30, 
1994.

[[Page 111]]

    (iv) In a state for which the Administrator has approved a State 
Implementation Plan revision providing for the implementation of an 
enhanced program meeting the requirements of part 51, subpart S of this 
chapter, according to the schedule specified in Sec. 51.373 of this 
chapter, the test procedure described in this section may be used to 
establish Emissions Performance Warranty eligibility through December 
31, 1995.
    (b) General requirements. Vehicles shall be tested in as-received 
condition. Engines shall be at normal operating temperature and not 
overheating (as indicated by gauge, warning light or boiling radiator) 
with all accessories off.
    (c) Test sequence. (1) Analyzers shall be warmed-up, in stabilized 
operating condition and adjusted as required in Sec. 85.2217.
    (2) Attach tachometer pick up.
    (3) The engine shall be turned off and then restarted.
    (4) With engine idling and transmission in neutral, the sample probe 
shall be inserted into the tailpipe.
    (5) The engine speed shall be increased to 2500 300 rpm, with the transmission in neutral. Record 
exhaust concentrations after stabilized readings are obtained or at the 
end of 30 seconds, whichever occurs first. This process shall be 
repeated as necessary for multiple exhaust pipes, or hardware which is 
capable of simultaneously sampling vehicles with multiple tailpipes may 
be used. However, if this hardware is not used, exhaust concentrations 
from each pipe shall be measured within the 30 second period if stable 
readings can be obtained from both pipes before the 30 seconds have 
elapsed. If this is not possible, the procedure shall be conducted 
through step (6) for the first pipe and then the entire procedure 
beginning from step (3) shall be repeated for the second pipe. Neither 
multiple readings nor simultaneous sampling hardware is necessary for 
exhaust pipes originating from a common point.
    (6) The engine speed shall be reduced to free idle with transmission 
in neutral. Record exhaust concentrations after stabilized readings are 
obtained or at the end of 30 seconds, whichever occurs first. This 
process shall be repeated as necessary for multiple exhaust pipes, or 
hardware which is capable of simultaneously sampling vehicles with 
multiple tailpipes may be used. However, if this hardware is not used, 
exhaust concentrations from both pipes shall be measured in this step 
(6) within the 30 second period if stable readings can be obtained 
before the 30 seconds have elasped. If this is not possible, the entire 
procedure beginning from step (3) shall be repeated for the second pipe. 
For vehicles with multiple exhaust pipes only one of which was measured 
in step (5) before the 30 seconds at 2500 300 rmp 
had elapsed, the entire procedure beginning from step (3) shall be 
repeated for the second pipe after this step (6) is completed for the 
first pipe. Neither multiple readings nor simultaneous sampling hardware 
is necessary for exhaust pipes originating from a common point.
    (7) For vehicles with multiple exhaust pipes, the separate results 
from each pipe for each mode (as specified in paragraphs (c) (5) and (6) 
of this section) must be numerically averaged for each pollutant, unless 
hardware which is capable of simultaneously sampling multiple exhaust 
pipes has been used.
    (8) Exhaust concentration measurements from both the idle mode and 
the high speed mode are required.

[49 FR 24323, June 12, 1984, as amended at 58 FR 58402, Nov. 1, 1993]



Sec. 85.2211  Engine restart idle test--EPA 81.

    (a)(1) General calendar year applicability. The test procedure 
described in this section may be used to establish Emissions Performance 
Warranty eligibility through December 31, 1993, except as allowed in 
paragraph (a)(2) of this section.
    (2) Special calendar and model year applicability. (i) The extended 
applicability described in paragraphs (a)(2) (ii) through (iv) of this 
section is restricted to 1995 and earlier model year vehicles or 
engines.
    (ii) In a state for which the Administrator has approved a State 
Implementation Plan revision providing for the implementation of a basic 
decentralized program meeting the requirements

[[Page 112]]

of part 51, subpart S of this chapter, according to the schedule 
specified in Sec. 51.373 of this chapter, the test procedure described 
in this section may be used to establish Emissions Performance Warranty 
eligibility through December 31, 1993.
    (iii) In a state for which the Administrator has approved a State 
Implementation Plan revision providing for the implementation of a basic 
centralized program meeting the requirements of part 51, subpart S of 
this chapter, according to the schedule specified in Sec. 51.373 of 
this chapter, the test procedure described in this section may be used 
to establish Emissions Performance Warranty eligibility through June 30, 
1994.
    (iv) In a state for which the Administrator has approved a State 
Implementation Plan revision providing for the implementation of an 
enhanced program meeting the requirements of part 51, subpart S of this 
chapter, according to the schedule specified in Sec. 51.373 of this 
chapter, the test procedure described in this section may be used to 
establish Emissions Performance Warranty eligibility through December 
31, 1995.
    (b) General requirements. Vehicles shall be tested in as-received 
condition. Engines shall be at normal operating temperature and not 
overheating (as indicated by gauge, warning light or boiling radiator) 
with all accessories off.
    (c) Test sequence. (1) Analyzers shall be warmed-up, in stabilized 
operation condition and adjusted as required in Sec. 85.2217.
    (2) Attach tachometer pick up.
    (3) The engine shall be turned off and then restarted.
    (4) With engine idling and transmission in neutral, the sample probe 
shall be inserted into the tailpipe.
    (5) The engine speed shall be increased to 2500 rpm 300 rpm, with transmission in neutral, for 30 seconds.
    (6) The engine speed shall be reduced to free idle with transmission 
in neutral. Record exhaust concentrations after stabilized readings are 
obtained or at the end of 30 seconds, whichever occurs first. This 
process shall be repeated as necessary for multiple exhaust pipes, or 
hardware which is capable of simultaneously sampling vehicles with 
multiple tailpipes may be used. However, if this type of hardware is not 
used, exhaust concentrations from each pipe shall be measured within the 
30 second period if stable readings can be obtained from both pipes 
before the 30 seconds have elapsed. If this is not possible, the entire 
procedure beginning from step (3) shall be repeated for the second pipe. 
Neither multiple readings nor simultaneous sampling hardware is 
necessary for exhaust systems in which the exhaust pipes originate from 
a common point.
    (7) Multiple readings from multiple exhaust pipes shall be 
numerically averaged, if taken.

[49 FR 24323, June 12, 1984, as amended at 58 FR 58402, Nov. 1, 1993]



Sec. 85.2212  Idle test--EPA 81.

    (a)(1) General calendar year applicability. The test procedure 
described in this section may be used to establish Emissions Performance 
Warranty eligibility through December 31, 1993, except as allowed in 
paragraph (a)(2) of this section.
    (2) Special calendar and model year applicability. (i) The extended 
applicability described in paragraphs (a)(2) (ii) through (iv) of this 
section is restricted to 1995 and earlier model year vehicles or 
engines.
    (ii) In a state for which the Administrator has approved a State 
Implementation Plan revision providing for the implementation of a basic 
decentralized program meeting the requirements of part 51, subpart S of 
this chapter, according to the schedule specified in Sec. 51.373 of 
this chapter, the test procedure described in this section may be used 
to establish Emissions Performance Warranty eligibility through December 
31, 1993.
    (iii) In a state for which the Administrator has approved a State 
Implementation Plan revision providing for the implementation of a basic 
centralized program meeting the requirements of part 51, subpart S of 
this chapter, according to the schedule specified in Sec. 51.373 of 
this chapter, the test procedure described in this section may be used 
to establish Emissions Performance Warranty eligibility through June 30, 
1994.

[[Page 113]]

    (iv) In a state for which the Administrator has approved a State 
Implementation Plan revision providing for the implementation of an 
enhanced program meeting the requirements of part 51, subpart S of this 
chapter, according to the schedule specified in Sec. 51.373 of this 
chapter, the test procedure described in this section may be used to 
establish Emissions Performance Warranty eligibility through December 
31, 1995.
    (b) General requirements. Vehicles shall be tested in as-received 
condition. Engines shall be at normal operating temperature and not 
overheating (as indicated by gauge, warning light or boiling radiator) 
with all accessories off.
    (c) Test sequence. (1) Analyzers shall be warmed-up, in stabilized 
operating condition and adjusted as required in Sec. 85.2217.
    (2) Optional: The engine may be preconditioned by operating it at 
2500 300 rpm for up to 30 seconds.
    (3) With engine idling and transmission in neutral, the sample probe 
shall be inserted into the tailpipe. Record exhaust concentrations after 
stabilized readings are obtained or at the end of 30 seconds, whichever 
occurs first. This process shall be repeated as necessary for multiple 
exhaust pipes, or hardware which is capable of simultaneously sampling 
vehicles with multiple tailpipes may be used. Neither multiple readings 
nor simultaneous sampling hardware is necessary for exhaust systems in 
which the exhaust pipes originate from a common point.
    (4) Multiple readings from multiple exhaust pipes shall be 
numerically averaged, if taken.

[49 FR 24323, June 12, 1984, as amended at 58 FR 58403, Nov. 1, 1993]



Sec. 85.2213  Idle test--EPA 91.

    (a) General requirements--(1) Exhaust gas sampling algorithm. The 
analysis of exhaust gas concentrations must begin ten seconds after the 
applicable test mode begins. Exhaust gas concentrations must be analyzed 
at a minimum rate of once every 0.75 second. The measured value for 
pass/fail determinations is a simple running average of the measurements 
taken over five seconds.
    (2) Pass/fail determination. A pass or fail determination is made 
for each applicable test mode based on a comparison of the short test 
standards contained in Sec. Sec. 85.2203 and 85.2204, and the measured 
value for HC and CO as described in paragraph (a)(1) of this section. A 
vehicle passes the test mode if any pair of simultaneous measured values 
for HC and CO are below or equal to the applicable short test standards. 
A vehicle fails the test mode if the values for either HC or CO, or 
both, in all simultaneous pairs of values are above the applicable 
standards.
    (3) Void test conditions. The test immediately terminates and any 
exhaust gas measurements are voided if the measured concentration of CO 
plus CO2 falls below six percent or the vehicle's engine 
stalls at any time during the test sequence.
    (4) Multiple exhaust pipes. Exhaust gas concentrations from vehicle 
engines equipped with multiple exhaust pipes must be sampled 
simultaneously.
    (5) The test is immediately terminated upon reaching the overall 
maximum test time.
    (b) Test sequence. (1) The test sequence consists of a first-chance 
test and a second-chance test as described in paragraphs (b)(1) (i) and 
(ii) of this section.
    (i) The first-chance test, as described under paragraph (c) of this 
section, consists of an idle mode.
    (ii) The second-chance test as described under paragraph (d) of this 
section is performed only if the vehicle fails the first-chance test.
    (2) The test sequence begins only after the requirements listed in 
paragraphs (b)(2) (i) through (iv) of this section are met.
    (i) The vehicle is tested in as-received condition with the 
transmission in neutral or park and all accessories turned off. The 
engine must be at normal operating temperature (as indicated by a 
temperature gauge, temperature lamp, touch test on the radiator hose, or 
other visual observation indicating that overheating has not occurred).
    (ii) For all pre-1996 model year vehicles, a tachometer shall be 
attached to the vehicle in accordance with the analyzer manufacturer's 
instructions. For

[[Page 114]]

1996 and newer model year vehicles the OBD data link connector will be 
used to monitor RPM. In the event that an OBD data link connector is not 
available or that an RPM signal is not available over the data link 
connector, a tachometer shall be used instead.
    (iii) The sample probe is inserted into the vehicle's tailpipe to a 
minimum depth of 10 inches. If the vehicle's exhaust system prevents 
insertion to this depth, a tailpipe extension must be used.
    (iv) The measured concentration of CO plus CO2 must be 
greater than or equal to six percent.
    (c) First-chance test. The test timer starts (tt=0) when the 
conditions specified in paragraph (b)(2) of this section are met. The 
overall maximum test time for the first-chance test is 145 seconds 
(tt=145). The first-chance test consists of an idle mode only.
    (1) The mode timer starts (mt=0) when the vehicle engine speed is 
between 350 and 1100 rpm. If engine speed exceeds 1100 rpm or falls 
below 350 rpm, the mode timer resets to zero and resumes timing. The 
minimum mode length is determined as described under paragraph (c)(2) of 
this section. The maximum mode length is 90 seconds elapsed time 
(mt=90).
    (2) The pass/fail analysis begins after an elapsed time of ten 
seconds (mt=10). A pass or fail determination is made for the vehicle 
and the mode is terminated in accordance with paragraphs (c)(2) (i) 
through (v) of this section.
    (i) The vehicle passes the idle mode and the test is immediately 
terminated if, prior to an elapsed time of 30 seconds (mt=30), measured 
values are less than or equal to 100 ppm HC and 0.5 percent CO.
    (ii) The vehicle passes the idle mode and the test terminates at the 
end of an elapsed time of 30 seconds (mt=30), if prior to that time the 
criteria of paragraph (c)(2)(i) of this section are not satisfied and 
the measured values are less than or equal to the applicable short test 
standards as determined by the procedure described in paragraph (a)(2) 
of this section.
    (iii) The vehicle passes the idle mode and the test is immediately 
terminated if, at any point between an elapsed time of 30 seconds 
(mt=30) and 90 seconds (mt=90), the measured values are less than or 
equal to the applicable short test standards as determined by the 
procedure described in paragraph (a)(2) of this section.
    (iv) The vehicle fails the idle mode and the test is terminated if 
none of the provisions of paragraphs (c)(2) (i), (ii), and (iii) of this 
section is satisfied by an elapsed time of 90 seconds (mt=90). 
Alternatively, the vehicle may be failed if the provisions of paragraphs 
(c)(2) (i) and (ii) of this section are not met within an elapsed time 
of 30 seconds.
    (v) Optional. The vehicle may fail the first-chance test and the 
second-chance test may be omitted if no exhaust gas concentration lower 
than 1800 ppm HC is found by an elapsed time of 30 seconds (mt=30).
    (d) Second-chance test. If the vehicle fails the first-chance test, 
the test timer resets to zero (tt=0) and a second-chance test is 
performed. The overall maximum test time for the second-chance test is 
425 seconds (tt=425). The test consists of a preconditioning mode 
followed immediately by an idle mode.
    (1) Preconditioning mode. The mode timer starts (mt=0) when the 
engine speed is between 2200 and 2800 rpm. The mode continues for an 
elapsed time of 180 seconds (mt=180). If engine speed falls below 2200 
rpm or exceeds 2800 rpm for more than five seconds in any one excursion, 
or 15 seconds over all excursions, the mode timer resets to zero and 
resumes timing.
    (2) Idle mode--(i) Ford Motor Company and Honda vehicles. The 
engines of 1981-1987 model year Ford Motor Company vehicles and 1984-
1985 model year Honda Preludes must be shut off for not more than ten 
seconds and restarted. This procedure may also be used for 1988-1989 
model year Ford Motor Company vehicles but may not be used for other 
vehicles. The probe may be removed from the tailpipe or the sample pump 
turned off if necessary to reduce analyzer fouling during the restart 
procedure.
    (ii) The mode timer starts (mt=0) when the vehicle engine speed is 
between 350 and 1100 rpm. If engine speed exceeds 1100 rpm or falls 
below 350 rpm, the mode timer resets to zero and resumes timing. The 
minimum idle mode

[[Page 115]]

length is determined as described in paragraph (d)(2)(iii) of this 
section. The maximum idle mode length is 90 seconds elapsed time 
(mt=90).
    (iii) The pass/fail analysis begins after an elapsed time of ten 
seconds (mt=10). A pass or fail determination is made for the vehicle 
and the idle mode is terminated in accordance with paragraphs 
(d)(2)(iii) (A) through (D) of this section.
    (A) The vehicle passes the idle mode and the test is immediately 
terminated if, prior to an elapsed time of 30 seconds (mt=30), measured 
values are less than or equal to 100 ppm HC and 0.5 percent CO.
    (B) The vehicle passes the idle mode and the test is terminated at 
the end of an elapsed time of 30 seconds (mt=30), if prior to that time 
the criteria of paragraph (d)(2)(iii)(A) of this section are not 
satisfied and the measured values are less than or equal to the 
applicable short test standards as determined by the procedure described 
in paragraph (a)(2) of this section.
    (C) The vehicle passes the idle mode and the test is immediately 
terminated if, at any point between an elapsed time of 30 seconds 
(mt=30) and 90 seconds (mt=90), measured values are less than or equal 
to the applicable short test standards described in paragraph (a)(2) of 
this section.
    (D) The vehicle fails the idle mode and the test is terminated if 
none of the provisions of paragraphs (d)(2)(iii) (A), (B), and (C) of 
this section is satisfied by an elapsed time of 90 seconds (mt=90).

[58 FR 58403, Nov. 1, 1993, as amended at 61 FR 40947, Aug. 6, 1996]



Sec. 85.2214  Two speed idle test--EPA 81.

    (a)(1) General calendar year applicability. The test procedure 
described in this section may be used to establish Emissions Performance 
Warranty eligibility through December 31, 1993, except as allowed in 
paragraph (a)(2) of this section.
    (2) Special calendar and model year applicability. (i) The extended 
applicability described in paragraphs (a)(2) (ii) through (iv) of this 
section is restricted to 1995 and earlier model year vehicles or 
engines.
    (ii) In a state for which the Administrator has approved a State 
Implementation Plan revision providing for the implementation of a basic 
decentralized program meeting the requirements of part 51, subpart S of 
this chapter, according to the schedule specified in Sec. 51.373 of 
this chapter, the test procedure described in this section may be used 
to establish Emissions Performance Warranty eligibility through December 
31, 1993.
    (iii) In a state for which the Administrator has approved a State 
Implementation Plan revision providing for the implementation of a basic 
centralized program meeting the requirements of part 51, subpart S of 
this chapter, according to the schedule specified in Sec. 51.373 of 
this chapter, the test procedure described in this section may be used 
to establish Emissions Performance Warranty eligibility through June 30, 
1994.
    (iv) In a state for which the Administrator has approved a State 
Implementation Plan revision providing for the implementation of an 
enhanced program meeting the requirements of part 51, subpart S of this 
chapter, according to the schedule specified in Sec. 51.373 of this 
chapter, the test procedure described in this section may be used to 
establish Emissions Performance Warranty eligibility through December 
31, 1995.
    (b) General requirements. Vehicles shall be tested in as-received 
condition. Engines shall be at normal operating temperature and not 
overheating (as indicated by gauge, warning light or boiling radiator) 
with all accessories off.
    (c) Test sequence. (1) Analyzers shall be warmed-up, in stabilized 
operating condition and adjusted as required in Sec. 85.2217.
    (2) Attach tachometer pick up.
    (3) With engine idling and transmission in neutral, the sample probe 
shall be inserted into the tailpipe. Record exhaust concentrations after 
stabilized readings are obtained or at the end of 30 seconds, whichever 
occurs first. This process shall be repeated as necessary for multiple 
exhaust pipes, or hardware which is capable of simultaneously sampling 
vehicles with multiple tailpipes may be used. Neither

[[Page 116]]

multiple readings nor simultaneous sampling hardware is necessary for 
exhaust systems in which the exhaust pipes originate from a common 
point.
    (4) The engine speed is increased to 2500 300 
rpm, with transmission in neutral. Record exhaust concentrations after 
stabilized readings are obtained or at the end of 30 seconds, whichever 
occurs first. Repeat as specified in paragraph (c)(3) of this section 
for multiple exhaust pipes, if necessary.
    (5) The engine speed is reduced to free idle with transmission in 
neutral. Record exhaust concentrations after stabilized readings are 
obtained or at the end of 30 seconds, whichever occurs first. Repeat as 
specified in paragraph (c)(3) of this section for multiple exhaust 
pipes, if necessary.
    (6) For vehicles with multiple exhaust pipes, the separate results 
from each pipe for each mode (as specified in paragraphs (c)(3), (4), 
and (5) of this section) must be numerically averaged for each 
pollutant, unless hardware which is capable of simultaneously sampling 
multiple tailpipe vehicles has been used.
    (7) The idle mode final results shall be the lowest HC and lowest CO 
readings from steps (3) and (5).
    (d) Exhaust concentration measurements from both the idle mode and 
the high-speed mode are not required. The short test may be used to 
evaluate emissions from either mode alone or from both modes, the choice 
being made by the jurisdiction implementing the inspection program. If 
exhaust concentrations are not measured on a given mode, the vehicle 
must be operated at the specified test condition for 15 to 30 seconds. 
The final idle mode, described in paragraph (c)(5) of this section, may 
be omitted if only high-speed mode exhaust concentrations are to be 
measured or if the vehicle is below idle standards on the first 
measurement, paragraph (c)(3) of this section. The high-speed mode may 
be omitted if only idle mode exhaust concentrations are to be measured 
and if the vehicle is below idle standards on the first measurement.

[49 FR 24323, June 12, 1984. Redesignated and amended at 58 FR 58403, 
58404, Nov. 1, 1993]



Sec. 85.2215  Two speed idle test--EPA 91.

    (a) General requirements--(1) Exhaust gas sampling algorithm. The 
analysis of exhaust gas concentrations begins ten seconds after the 
applicable test mode begins. Exhaust gas concentrations must be analyzed 
at a rate of once every 0.75 second. The measured value for pass/fail 
determinations is a simple running average of the measurements taken 
over five seconds.
    (2) Pass/fail determination. A pass or fail determination is made 
for each applicable test mode based on a comparison of the short test 
standards contained in Sec. Sec. 85.2203 and 85.2204, and the measured 
value for HC and CO as described in paragraph (a)(1) of this section. A 
vehicle passes the test mode if any pair of simultaneous values for HC 
and CO are below or equal to the applicable short test standards. A 
vehicle fails the test mode if the values for either HC or CO, or both, 
in all simultaneous pairs of values are above the applicable standards.
    (3) Void test conditions. The test immediately terminates and any 
exhaust gas measurements are voided if the measured concentration of CO 
plus CO\2\ falls below six percent or the vehicle's engine stalls at any 
time during the test sequence.
    (4) Multiple exhaust pipes. Exhaust gas concentrations from vehicle 
engines equipped with multiple exhaust pipes must be sampled 
simultaneously.
    (5) The test is immediately terminated upon reaching the overall 
maximum test time.
    (b) Test sequence. (1) The test sequence consists of a first-chance 
test and a second-chance test as described in paragraphs (b)(1) (i) and 
(ii) of this section.
    (i) The first-chance test, as described under paragraph (c) of this 
section, consists of an idle mode followed by a high-speed mode.
    (ii) The second-chance high-speed mode, as described under paragraph 
(c) of this section, immediately follows the first-chance high-speed 
mode. It is performed only if the vehicle fails the first-chance test. 
The second-chance idle mode, as described under paragraph (d) of this 
section, follows the second-chance high-speed mode and is

[[Page 117]]

performed only if the vehicle fails the idle mode of the first-chance 
test.
    (2) The test sequence begins only after the requirements listed in 
paragraphs (b)(2) (i) through (iv) of this section are met.
    (i) The vehicle is tested in as-received condition with the 
transmission in neutral or park and all accessories turned off. The 
engine must be at normal operating temperature (as indicated by a 
temperature gauge, temperature lamp, touch test on the radiator hose, or 
other visual observation indicating that overheating has not occurred).
    (ii) For all pre-1996 model year vehicles, a tachometer shall be 
attached to the vehicle in accordance with the analyzer manufacturer's 
instructions. For 1996 and newer model year vehicles the OBD data link 
connector will be used to monitor RPM. In the event that an OBD data 
link connector is not available or that an RPM signal is not available 
over the data link connector, a tachometer shall be used instead.
    (iii) The sample probe is inserted into the vehicle's tailpipe to a 
minimum depth of 10 inches. If the vehicle's exhaust system prevents 
insertion to this depth, a tailpipe extension must be used.
    (iv) The measured concentration of CO plus CO\2\ must be greater 
than or equal to six percent.
    (c) First-chance test and second-chance high-speed mode. The test 
timer starts (tt=0) when the conditions specified in paragraph (b)(2) of 
this section are met. The overall maximum test time for the first-chance 
test and second-chance high-speed mode is 425 seconds (tt=425). The 
first-chance test consists of an idle mode followed immediately by a 
high-speed mode. This is followed immediately by an additional second-
chance high-speed mode, if necessary.
    (1) First-chance idle mode. (i) The mode timer starts (mt=0) when 
the vehicle engine speed is between 350 and 1100 rpm. If engine speed 
exceeds 1100 rpm or falls below 350 rpm, the mode timer resets to zero 
and resumes timing. The minimum idle mode length is determined as 
described in paragraph (c)(1)(ii) of this section. The maximum idle mode 
length is 90 seconds elapsed time (mt=90).
    (ii) The pass/fail analysis begins after an elapsed time of ten 
seconds (mt=10). A pass or fail determination is made for the vehicle 
and the mode terminated as described in paragraphs (c)(1)(ii) (A) 
through (E) of this section.
    (A) The vehicle passes the idle mode and the mode is immediately 
terminated if, prior to an elapsed time of 30 seconds (mt=30), measured 
values are less than or equal to 100 ppm HC and 0.5 percent CO.
    (B) The vehicle passes the idle mode and the mode is terminated at 
the end of an elapsed time of 30 seconds (mt=30) if, prior to that time, 
the criteria of paragraph (c)(1)(ii)(A) of this section are not 
satisfied, and the measured values are less than or equal to the 
applicable short test standards as determined by the procedure described 
in paragraph (a)(2) of this section.
    (C) The vehicle passes the idle mode and the mode is immediately 
terminated if, at any point between an elapsed time of 30 seconds 
(mt=30) and 90 seconds (mt=90), the measured values are less than or 
equal to the applicable short test standards as determined by the 
procedure described in paragraph (a)(2) of this section.
    (D) The vehicle fails the idle mode and the mode is terminated if 
none of the provisions of paragraphs (c)(1)(ii) (A), (B), and (C) of 
this section is satisfied by an elapsed time of 90 seconds (mt=90). 
Alternatively, the vehicle may be failed if the provisions of paragraphs 
(c)(1)(ii) (A) and (B) of this section are not met within an elapsed 
time of 30 seconds.
    (E) Optional. The vehicle may fail the first-chance test and the 
second-chance test may be omitted if no exhaust gas concentration less 
than 1800 ppm HC is found by an elapsed time of 30 seconds (mt=30).
    (2) First-chance and second-chance high-speed modes. This mode 
includes both the first-chance and second-chance high-speed modes, and 
follows immediately upon termination of the first-chance idle mode.
    (i) The mode timer resets (mt=0) when the vehicle engine speed is 
between 2200 and 2800 rpm. If engine speed falls below 2200 rpm or 
exceeds 2800 rpm for more than two seconds in one excursion, or more 
than six seconds over

[[Page 118]]

all excursions within 30 seconds of the final measured value used in the 
pass/fail determination, the measured value is invalidated and the mode 
continued. If any excursion lasts for more than ten seconds, the mode 
timer resets to zero (mt=0) and timing resumes. The minimum high-speed 
mode length is determined as described under paragraphs (c)(2) (ii) and 
(iii) of this section. The maximum high-speed mode length is 180 seconds 
elapsed time (mt=180).
    (ii) Ford Motor Company and Honda vehicles. For 1981-1987 model year 
Ford Motor Company vehicles and 1984-1985 model year Honda Preludes, the 
pass/fail analysis begins after an elapsed time of ten seconds (mt=10) 
using the following procedure. This procedure may also be used for 1988-
1989 model year Ford Motor Company vehicles but may not be used for 
other vehicles.
    (A) For vehicles that passed the idle mode, a pass or fail 
determination is used to determine whether the high-speed test should be 
terminated prior to or at the end of an elapsed time of 180 seconds 
(mt=180), as described in paragraphs (c)(2)(ii)(A) (1) through (4) of 
this section.
    (1) The vehicle passes the high-speed mode and the test is 
immediately terminated if, prior to an elapsed time of 30 seconds 
(mt=30), the measured values are less than or equal to 100 ppm HC and 
0.5 percent CO.
    (2) The vehicle passes the high-speed mode and the test is 
terminated at the end of an elapsed time of 30 seconds (mt=30) if, prior 
to that time, the criteria of paragraph (c)(2)(ii)(A)(1) of this section 
are not satisfied, and the measured values are less than or equal to the 
applicable short test standards as determined by the procedure described 
in paragraph (a)(2) of this section.
    (3) The vehicle passes the high-speed mode and the test is 
immediately terminated if, at any point between an elapsed time of 30 
seconds (mt=30) and 180 seconds (mt=180), the measured values are less 
than or equal to the applicable short test standards as determined by 
the procedure described in paragraph (a)(2) of this section.
    (4) Restart. If at an elapsed time of 90 seconds (mt=90) the 
measured values are greater than the applicable short test standards as 
determined by the procedure described in paragraph (a)(2) of this 
section, the vehicle's engine must be shut off for not more than ten 
seconds after returning to idle and then is restarted. The probe may be 
removed from the tailpipe or the sample pump turned off if necessary to 
reduce analyzer fouling during the restart procedure. The mode timer 
will stop upon engine shut off (mt=90) and resume upon engine restart. 
The pass/fail determination resumes as follows after 100 seconds have 
elapsed (mt=100).
    (i) The vehicle passes the high-speed mode and the test is 
immediately terminated if, at any point between an elapsed time of 100 
seconds (mt=100) and 180 seconds (mt=180), the measured values are less 
than or equal to the applicable short test standards described in 
paragraph (a)(2) of this section.
    (ii) The vehicle fails the high-speed mode and the test is 
terminated if paragraph (c)(2)(ii)(A)(4)(i) of this section is not 
satisfied by an elapsed time of 180 seconds (mt=180).
    (B) A pass or fail determination is made for vehicles that failed 
the idle mode and the high-speed mode terminated at the end of an 
elapsed time of 180 seconds (mt=180) as described in paragraphs 
(c)(2)(ii)(B) (1) and (2) of this section.
    (1) The vehicle passes the high-speed mode and the mode is 
terminated at an elapsed time of 180 seconds (mt=180) if any measured 
values of HC and CO exhaust gas concentrations during the high-speed 
mode are less than or equal to the applicable short test standards as 
determined by the procedure described in paragraph (a)(2) of this 
section.
    (2) Restart. If at an elapsed time of 90 seconds (mt=90) the 
measured values of HC and CO exhaust gas concentrations during the high-
speed mode are greater than the applicable short test standards as 
determined by the procedure in paragraph (a)(2) of this section, the 
vehicle's engine must be shut off for not more than ten seconds after 
returning to idle and then is restarted. The probe may be removed from 
the tailpipe or the sample pump turned off if necessary to reduce 
analyzer fouling during the restart procedure. The mode timer will stop 
upon engine shut off

[[Page 119]]

(mt=90) and resume upon engine restart. The pass/fail determination 
resumes, as described in paragraphs (c)(2)(ii)(B)(2) (i) and (ii) of 
this section after 100 seconds have elapsed (mt=100).
    (i) The vehicle passes the high-speed mode and the mode is 
terminated at an elapsed time of 180 seconds (mt=180) if any measured 
values of HC and CO exhaust gas concentrations during the high-speed 
mode are less than or equal to the applicable short test standards as 
determined by the procedure described in paragraph (a)(2) of this 
section.
    (ii) The vehicle fails the high-speed mode and the test is 
terminated if paragraph (c)(2)(ii)(B)(2)(i) of this section is not 
satisfied by an elapsed time of 180 seconds (mt=180).
    (iii) All other light-duty motor vehicles. The pass/fail analysis 
for vehicles not specified in paragraph (c)(2)(ii) of this section 
begins after an elapsed time of ten seconds (mt=10) using the procedure 
described in paragraphs (c)(2)(iii) (A) and (B) of this section.
    (A) For vehicles that passed the idle mode, a pass or fail 
determination is used to determine whether the high-speed mode should be 
terminated prior to or at the end of an elapsed time of 180 seconds 
(mt=180), as described in paragraphs (c)(2)(iii)(A) (1) through (4) of 
this section.
    (1) The vehicle passes the high-speed mode and the test is 
immediately terminated if, prior to an elapsed time of 30 seconds 
(mt=30), any measured values are less than or equal to 100 ppm HC and 
0.5 percent CO.
    (2) The vehicle passes the high-speed mode and the test is 
terminated at the end of an elapsed time of 30 seconds (mt=30) if, prior 
to that time, the criteria of paragraph (c)(2)(iii)(A)(1) of this 
section are not satisfied, and the measured values are less than or 
equal to the applicable short test standards as determined by the 
procedure in paragraph (a)(2) of this section.
    (3) The vehicle passes the high-speed mode and the test is 
immediately terminated if, at any point between an elapsed time of 30 
seconds (mt=30) and 180 seconds (mt=180), the measured values are less 
than or equal to the applicable short test standards as determined by 
the procedure described in paragraph (a)(2) of this section.
    (4) The vehicle fails the high-speed mode and the test is terminated 
if none of the provisions of paragraphs (c)(2)(iii)(A) (1), (2), and (3) 
of this section is satisfied by an elapsed time of 180 seconds (mt=180).
    (B) A pass or fail determination is made for vehicles that failed 
the idle mode and the high-speed mode terminated at the end of an 
elapsed time of 180 seconds (mt=180) as described in paragraphs 
(c)(2)(iii)(B) (1) and (2) of this section.
    (1) The vehicle passes the high-speed mode and the mode is 
terminated at an elapsed time of 180 seconds (mt=180) if any measured 
values are less than or equal to the applicable short test standards as 
determined by the procedure described in paragraph (a)(2) of this 
section.
    (2) The vehicle fails the high-speed mode and the test is terminated 
if paragraph (c)(2)(iii)(B)(1) of this section is not satisfied by an 
elapsed time of 180 seconds (mt=180).
    (d) Second-chance idle mode. If the vehicle fails the first-chance 
idle mode and passes the high-speed mode, the test timer resets to zero 
(tt=0) and a second-chance idle mode begins. The overall maximum test 
time for the second-chance idle mode is 145 seconds (tt=145). The test 
consists of an idle mode only.
    (1) The engines of 1981-1987 model year Ford Motor Company vehicles 
and 1984-1985 model year Honda Preludes must be shut off for not more 
than ten seconds and restarted. The probe may be removed from the 
tailpipe or the sample pump turned off if necessary to reduce analyzer 
fouling during the restart procedure. This procedure may also be used 
for 1988-1989 model year Ford Motor Company vehicles but may not be used 
for other vehicles.
    (2) The mode timer starts (mt=0) when the vehicle engine speed is 
between 350 and 1100 rpm. If the engine speed exceeds 1100 rpm or falls 
below 350 rpm the mode timer resets to zero and resumes timing. The 
minimum second-chance idle mode length is determined as described in 
paragraph (d)(3) of this section. The maximum second-

[[Page 120]]

chance idle mode length is 90 seconds elapsed time (mt=90).
    (3) The pass/fail analysis begins after an elapsed time of ten 
seconds (mt=10). A pass or fail determination is made for the vehicle 
and the second-chance idle mode is terminated in accordance with 
paragraphs (d)(3) (i) through (iv) of this section.
    (i) The vehicle passes the second-chance idle mode and the test is 
immediately terminated if, prior to an elapsed time of 30 seconds 
(mt=30), any measured values are less than or equal to 100 ppm HC and 
0.5 percent CO.
    (ii) The vehicle passes the second-chance idle mode and the test is 
terminated at the end of an elapsed time of 30 seconds (mt=30) if, prior 
to that time, the criteria of paragraph (d)(3)(i) of this section are 
not satisfied, and the measured values are less than or equal to the 
applicable short test standards as determined by the procedure described 
in paragraph (a)(2) of this section.
    (iii) The vehicle passes the second-chance idle mode and the test is 
immediately terminated if, at any point between an elapsed time of 30 
seconds (mt=30) and 90 seconds (mt=90), the measured values are less 
than or equal to the applicable short test standards as determined by 
the procedure described in paragraph (a)(2) of this section.
    (iv) The vehicle fails the second-chance idle mode and the test is 
terminated if none of the provisions of paragraphs (d)(3) (i), (ii), and 
(iii) of this section is satisfied by an elapsed time of 90 seconds 
(mt=90).

[58 FR 58405, Nov. 1, 1993, as amended at 61 FR 40947, Aug. 6, 1996]



Sec. 85.2216  Loaded test--EPA 81.

    (a)(1) General calendar year applicability. The test procedure 
described in this section may be used to establish Emissions Performance 
Warranty eligibility through December 31, 1993, except as allowed in 
paragraph (a)(2) of this section.
    (2) Special calendar and model year applicability. (i) The extended 
applicability described in paragraphs (a)(2) (ii) through (iv) of this 
section is restricted to 1995 and earlier model year vehicles or 
engines.
    (ii) In a state for which the Administrator has approved a State 
Implementation Plan revision providing for the implementation of a basic 
decentralized program meeting the requirements of part 51, subpart S of 
this chapter, according to the schedule specified in Sec. 51.373 of 
this chapter, the test procedure described in this section may be used 
to establish Emissions Performance Warranty eligibility through December 
31, 1993.
    (iii) In a state for which the Administrator has approved a State 
Implementation Plan revision providing for the implementation of a basic 
centralized program meeting the requirements of part 51, subpart S of 
this chapter, according to the schedule specified in Sec. 51.373 of 
this chapter, the test procedure described in this section may be used 
to establish Emissions Performance Warranty eligibility through June 30, 
1994.
    (iv) In a state for which the Administrator has approved a State 
Implementation Plan revision providing for the implementation of an 
enhanced program meeting the requirements of part 51, subpart S of this 
chapter, according to the schedule specified in Sec. 51.373 of this 
chapter, the test procedure described in this section may be used to 
establish Emissions Performance Warranty eligibility through December 
31, 1995.
    (b) General requirements. Vehicles shall be tested in as-received 
condition. Engines shall be at normal operating temperature and not 
overheating (as indicated by gauge, warning light or boiling radiator) 
with all accessories off. An auxiliary cooling fan is optional
    (c) Test sequence. (1) The dynamometer and analyzers shall be 
warmed-up, in stabilized operating condition and adjusted as required in 
Sec. Sec. 85.2216 and 85.2217.
    (2) The vehicle shall be placed on the dynamometer.
    (3) The sample probe shall be inserted into the tailpipe.
    (4) Optional. A high speed mode, maximum 50 mph and 30 seconds 
duration, is permitted if vehicle overheating does not occur.
    (5) Drive for automatic or 3rd gear for manual transmissions shall 
be used. The vehicle shall be operated at 30 1

[[Page 121]]

mph roll speed while measuring exhaust HC and CO. Record exhaust 
concentrations after stabilized readings are obtained or at the end of 
30 seconds, whichever occurs first. This process shall be repeated as 
necessary for multiple exhaust pipes, or hardware which is capable of 
simultaneously sampling vehicles with multiple tailpipes may be used. 
Neither multiple readings nor simultaneous sampling hardware is 
necessary for exhaust systems in which the exhaust pipes originate from 
a common point.
    (6) The vehicle must be idled with transmission in neutral. Record 
exhaust concentrations after stabilized readings are obtained or at the 
end of 30 seconds, whichever occurs first. Repeat as specified in 
paragraph (c)(5) of this section for multiple exhaust pipes, if 
necessary.
    (7) For vehicles with multiple exhaust pipes, the separate results 
from each pipe for each mode (as specified in paragraphs (c)(5) and (6) 
of this section) must be numerically averaged for each pollutant, unless 
hardware which is capable of simultaneously sampling multiple tailpipe 
vehicles has been used.
    (d) Exhaust concentration measurements from both the loaded mode and 
the idle mode are not required. The short test may be used to evaluate 
emissions from either mode alone or from both modes, the choice being 
made by the jurisdiction implementing the inspection program. If exhaust 
concentrations are not measured on the loaded mode the vehicle shall be 
operated at the specified test condition for 15 to 30 seconds. If idle 
exhaust concentrations are not measured, the idle mode may be omitted.

[49 FR 24323, June 12, 1984. Redesignated and amended at 58 FR 58403, 
58407, Nov. 1, 1993]



Sec. 85.2217  Loaded test--EPA 91.

    (a) General requirements--(1) Exhaust gas sampling algorithm. The 
analysis of exhaust gas concentrations begins ten seconds after the 
applicable test mode begins. Exhaust gas concentrations must be analyzed 
at a minimum rate of once every 0.75 seconds. The measured value for 
pass/fail determinations is a simple running average of the measurements 
taken over five seconds.
    (2) Pass/fail determination. A pass or fail determination is made 
for each applicable test mode based on a comparison of the short test 
standards contained in Sec. Sec. 85.2203 and 85.2204, and the measured 
value for HC and CO as described in paragraph (a)(1) of this section. A 
vehicle passes the test mode if any pair of simultaneous values for HC 
and CO are below or equal to the applicable short test standards. A 
vehicle fails the test mode if the values for either HC or CO, or both, 
in all simultaneous pairs of values are above the applicable standards.
    (3) Void test conditions. The test immediately terminates and any 
exhaust gas measurements are voided if the measured concentration of CO 
plus CO2 falls below six percent or the vehicle's engine 
stalls at any time during the test sequence.
    (4) Multiple exhaust pipes. Exhaust gas concentrations from vehicle 
engines equipped with multiple exhaust pipes must be sampled 
simultaneously.
    (5) The test is immediately terminated upon reaching the overall 
maximum test time.
    (b) Test sequence. (1) The test sequence consists of a loaded mode 
using a chassis dynamometer followed immediately by an idle mode as 
described in paragraphs (c) (1) and (2) of this section.
    (2) The test sequence begins only after the requirements described 
in paragraphs (b)(2) (i) through (v) of this section are met.
    (i) The dynamometer must be warmed up, in stabilized operating 
condition, adjusted, and calibrated in accordance with the procedures of 
Sec. 85.2233. Prior to each test, variable-curve dynamometers must be 
checked for proper setting of the road-load indicator or road-load 
controller.
    (ii) The vehicle is tested in as-received condition with all 
accessories turned off. The engine must be at normal operating 
temperature (as indicated by a temperature gauge, temperature lamp, 
touch test on the radiator hose, or other visual observation indicating 
that overheating has not occurred).
    (iii) The vehicle must be operated during each mode of the test with 
the gear selector in the position described

[[Page 122]]

in paragraphs (b)(2)(iii) (A) and (B) of this section.
    (A) In drive for automatic transmissions and in second (or third if 
more appropriate) for manual transmissions for the loaded mode.
    (B) In park or neutral for the idle mode.
    (iv) The sample probe is inserted into the vehicle's tailpipe to a 
minimum depth of 10 inches. If the vehicle's exhaust system prevents 
insertion to this depth, a tailpipe extension must be used.
    (v) The measured concentration of CO plus CO2 must be 
greater than or equal to six percent.
    (c) Overall test procedure. The test timer starts (tt=0) when the 
conditions specified in paragraph (b)(2) of this section are met and the 
mode timer initiates as specified in paragraph (c)(1) of this section. 
The overall maximum test time is 240 seconds (tt=240). The test is 
immediately terminated upon reaching the overall maximum test time.
    (1) Loaded mode--(i) Ford Motor Company and Honda vehicles. 
(Optional.) The engines of 1981-1987 model year Ford Motor Company 
vehicles and 1984-1985 model year Honda Preludes must be shut off for 
not more than ten seconds and restarted. This procedure may also be used 
for 1988-1989 model year Ford Motor Company vehicles but may not be used 
for other vehicles. The probe may be removed from the tailpipe or the 
sample pump turned off if necessary to reduce analyzer fouling during 
the restart procedure.
    (ii) The mode timer starts (mt=0) when the dynamometer speed is 
within the limits specified for the vehicle engine size according to the 
following schedule. If the dynamometer speed falls outside the limits 
for more than five seconds in one excursion, or 15 seconds over all 
excursions, the mode timer resets to zero and resumes timing. The 
minimum mode length is determined as described in paragraph 
(c)(1)(iii)(A) of this section. The maximum mode length is 90 seconds 
elapsed time (mt=90).

                        Dynamometer Test Schedule
------------------------------------------------------------------------
                                                        Normal loading,
    Gasoline engine size, No.       Roll speed, mph        brake hp
            cylinders                    (kph)            (kilowatts)
------------------------------------------------------------------------
4 or less.......................  22-25 (35-40).....  2.8-4.1 (2.1-3.1)
5-6.............................  29-32 (47-52).....  6.8-8.4 (5.1-6.3)
7 or more.......................  32-35 (52-56).....  8.4-10.8 (6.3-8.1)
------------------------------------------------------------------------

    (iii) The pass/fail analysis begins after an elapsed time of ten 
seconds (mt=10). A pass or fail determination is made for the vehicle 
and the mode is terminated in accordance with paragraphs (c)(1)(iii)(A) 
through (C) of this section.
    (A) The vehicle passes the loaded mode and the mode is immediately 
terminated if, at any point between an elapsed time of 30 seconds 
(mt=30) and 90 seconds (mt=90), measured values are less than or equal 
to the applicable short test standard described in paragraph (a)(2) of 
this section.
    (B) The vehicle fails the loaded mode and the mode is terminated if 
paragraph (c)(1)(iii)(A) of this section is not satisfied by an elapsed 
time of 90 seconds (mt=90).
    (C) Optional. The vehicle may fail the loaded mode and any 
subsequent idle mode may be omitted if no exhaust gas concentration less 
than 1800 ppm HC is found by an elapsed time of 30 seconds (mt=30).
    (2) Idle mode--(i) Ford Motor Company and Honda vehicles. 
(Optional.) The engines of 1981-1987 model year Ford Motor Company 
vehicles and 1984-1985 model year Honda Preludes must be shut off for 
not more than ten seconds and restarted. This procedure may also be used 
for 1988-1989 model year Ford Motor Company vehicles but may not be used 
for other vehicles. The probe may be removed from the tailpipe or the 
sample pump turned off if necessary to reduce analyzer fouling during 
the restart procedure.
    (ii) The mode timer starts (mt=0) 5 seconds after the dynamometer 
speed has reached zero. The minimum idle mode length is determined as 
described in paragraph (c)(2)(iii) of this section. The maximum idle 
mode length is 90 seconds elapsed time (mt=90).
    (iii) The pass/fail analysis begins after an elapsed time of ten 
seconds (mt=10). A pass or fail determination is made for the vehicle 
and the mode is

[[Page 123]]

terminated in accordance with paragraphs (c)(2)(iii) (A) through (D) of 
this section.
    (A) The vehicle passes the idle mode and the test is immediately 
terminated if, prior to an elapsed time of 30 seconds (mt=30), measured 
values are less than or equal to 100 ppm HC and 0.5 percent CO.
    (B) The vehicle passes the idle mode and the test is terminated at 
the end of an elapsed time of 30 seconds (mt=30) if, prior to that time, 
the criteria of paragraph (c)(2)(iii)(A) of this section are not 
satisfied, and the measured values are less than or equal to the 
applicable short test standards as determined by the procedure described 
in paragraph (a)(2) of this section.
    (C) The vehicle passes the idle mode and the test is immediately 
terminated if, at any point between an elapsed time of 30 seconds 
(mt=30) and 90 seconds (mt=90), measured values are less than or equal 
to the applicable short test standards described in paragraph (a)(2) of 
this section.
    (D) The vehicle fails the idle mode and the test terminates if none 
of the provisions of paragraphs (c)(2)(iii) (A), (B), and (C) of this 
section is satisfied by an elapsed time of 90 seconds (mt=90).

[58 FR 58407, Nov. 1, 1993]



Sec. 85.2218  Preconditioned idle test--EPA 91.

    (a) General requirements--(1) Exhaust gas sampling algorithm. The 
analysis of exhaust gas concentrations begins ten seconds after the 
applicable test mode begins. Exhaust gas concentrations must be analyzed 
at a minimum rate of once every 0.75 second. The measured value for 
pass/fail determinations is a simple running average of the measurements 
taken over five seconds.
    (2) Pass/fail determination. A pass or fail determination is made 
for each applicable test mode based on a comparison of the short test 
standards contained in Sec. Sec. 85.2203 and 85.2204, and the measured 
value for HC and CO as described in paragraph (a)(1) of this section. A 
vehicle passes the test mode if any pair of simultaneous values for HC 
and CO are below or equal to the applicable short test standards. A 
vehicle fails the test mode if the values for either HC or CO, or both, 
in all simultaneous pairs of values are above the applicable standards.
    (3) Void test conditions. The test immediately terminates and any 
exhaust gas measurements are voided if the measured concentration of CO 
plus CO2 falls below six percent or the vehicle's engine 
stalls at any time during the test sequence.
    (4) Multiple exhaust pipes. Exhaust gas concentrations from vehicle 
engines equipped with multiple exhaust pipes must be sampled 
simultaneously.
    (5) The test is immediately terminated upon reaching the overall 
maximum test time.
    (b) Test sequence. (1) The test sequence consists of a first-chance 
test and a second-chance test as described in paragraphs (b)(1) (i) and 
(ii) of this section.
    (i) The first-chance test, as described under paragraph (c) of this 
section, consists of a preconditioning mode followed by an idle mode.
    (ii) The second-chance test as described under paragraph (d) of this 
section is performed only if the vehicle fails the first-chance test.
    (2) The test sequence begins only after the requirements described 
in paragraphs (b)(2) (i) through (iv) of this section are met.
    (i) The vehicle is tested in as-received condition with the 
transmission in neutral or park and all accessories turned off. The 
engine must be at normal operating temperature (as indicated by a 
temperature gauge, temperature lamp, touch test on the radiator hose, or 
other visual observation indicating that overheating has not occurred).
    (ii) For all pre-1996 model year vehicles, a tachometer shall be 
attached to the vehicle in accordance with the analyzer manufacturer's 
instructions. For 1996 and newer model year vehicles the OBD data link 
connector will be used to monitor RPM. In the event that an OBD data 
link connector is not available or that an RPM signal is not available 
over the data link connector, a tachometer shall be used instead.
    (iii) The sample probe is inserted into the vehicle's tailpipe to a 
minimum depth of 10 inches. If the vehicle's exhaust system prevents 
insertion to this

[[Page 124]]

depth, a tailpipe extension must be used.
    (iv) The measured concentration of CO plus CO2 must be 
greater than or equal to six percent.
    (c) First-chance test. The test timer starts (tt=0) when the 
conditions specified in paragraph (b)(2) of this section are met. The 
overall maximum test time is 200 seconds (tt=200). The first-chance test 
consists of a preconditioning mode followed immediately by an idle mode.
    (1) Preconditioning mode. The mode timer starts (mt=0) when the 
engine speed is between 2200 and 2800 rpm. The mode continues for an 
elapsed time of 30 seconds (mt=30). If engine speed falls below 2200 rpm 
or exceeds 2800 rpm for more than five seconds in any one excursion, or 
15 seconds over all excursions, the mode timer resets to zero and 
resumes timing.
    (2) Idle mode. (i) The mode timer starts (mt=0) when the vehicle 
engine speed is between 350 and 1100 rpm. If engine speed exceeds 1100 
rpm or falls below 350 rpm, the mode timer resets to zero and resumes 
timing. The minimum idle mode length is determined as described in 
paragraph (c)(2)(ii) of this section. The maximum idle mode length is 90 
seconds elapsed time (mt=90).
    (ii) The pass/fail analysis begins after an elapsed time of ten 
seconds (mt=10). A pass or fail determination is made for the vehicle 
and the mode terminates as described in paragraphs (c)(2)(ii) (A) 
through (E) of this section.
    (A) The vehicle passes the idle mode and the test is immediately 
terminated if, prior to an elapsed time of 30 seconds (mt=30), measured 
values are less than or equal to 100 ppm HC and 0.5 percent CO.
    (B) The vehicle passes the idle mode and the test terminates at the 
end of an elapsed time of 30 seconds (mt=30) if, prior to that time, the 
criteria of paragraph (c)(2)(ii)(A) of this section are not satisfied, 
and the measured values are less than or equal to the applicable short 
test standards as determined by the procedure described in paragraph 
(a)(2) of this section.
    (C) The vehicle passes the idle mode and the test is immediately 
terminated if, at any point between an elapsed time of 30 seconds 
(mt=30) and 90 seconds (mt=90), measured values are less than or equal 
to the applicable short test standards as determined by the procedure 
described in paragraph (a)(2) of this section.
    (D) The vehicle fails the idle mode and the test terminates if none 
of the provisions of paragraphs (c)(2)(ii) (A), (B), and (C) of this 
section is satisfied by an elapsed time of 90 seconds (mt=90). 
Alternatively, the vehicle may be failed if the provisions of paragraphs 
(c)(2) (i) and (ii) of this section are not met within an elapsed time 
of 30 seconds.
    (E) Optional. The vehicle may fail the first-chance test and the 
second-chance test may be omitted if no exhaust gas concentration less 
than 1800 ppm HC is found at an elapsed time of 30 seconds (mt=30).
    (d) Second-chance test. If the vehicle fails the first-chance test, 
the test timer resets to zero and a second-chance test is performed. The 
overall maximum test time for the second-chance test is 425 seconds. The 
test consists of a preconditioning mode followed immediately by an idle 
mode.
    (1) Preconditioning mode. The mode timer starts (mt=0) when engine 
speed is between 2200 and 2800 rpm. The mode continues for an elapsed 
time of 180 seconds (mt=180). If the engine speed falls below 2200 rpm 
or exceeds 2800 rpm for more than five seconds in any one excursion, or 
15 seconds over all excursions, the mode timer resets to zero and 
resumes timing.
    (2) Idle mode--(i) Ford Motor Company and Honda vehicles. The 
engines of 1981-1987 model year Ford Motor Company vehicles and 1984-
1985 model year Honda Preludes must be shut off for not more than ten 
seconds and then restarted. The probe may be removed from the tailpipe 
or the sample pump turned off if necessary to reduce analyzer fouling 
during the restart procedure. This procedure may also be used for 1988-
1989 model year Ford Motor Company vehicles but may not be used for 
other vehicles.
    (ii) The mode timer starts (mt=0) when the vehicle engine speed is 
between 350 and 1100 rpm. If the engine speed exceeds 1100 rpm or falls 
below 350 rpm, the mode timer resets to zero

[[Page 125]]

and resumes timing. The minimum idle mode length is determined as 
described in paragraph (d)(2)(iii) of this section. The maximum idle 
mode length is 90 seconds elapsed time (mt=90).
    (iii) The pass/fail analysis begins after an elapsed time of ten 
seconds (mt=10). A pass or fail determination is made for the vehicle 
and the mode is terminated in accordance with paragraphs (d)(2)(iii) (A) 
through (D) of this section.
    (A) The vehicle passes the idle mode and the test immediately 
terminates if, prior to an elapsed time of 30 seconds (mt=30), measured 
values are less than or equal to 100 ppm HC and 0.5 percent CO.
    (B) The vehicle passes the idle mode and the test is terminated at 
the end of an elapsed time of 30 seconds (mt=30) if, prior to that time, 
the criteria of paragraph (d)(2)(iii)(A) of this section are not 
satisfied, and the measured values are less than or equal to the 
applicable short test standards as determined by the procedure described 
in paragraph (a)(2) of this section.
    (C) The vehicle passes the idle mode and the test is immediately 
terminated if, at any point between an elapsed time of 30 seconds 
(mt=30) and 90 seconds (mt=90), measured values are less than or equal 
to the applicable short test standards described in paragraph (a)(2) of 
this section.
    (D) The vehicle fails the idle mode and the test is terminated if 
none of the provisions of paragraphs (d)(2)(iii) (A), (B), and (C) of 
this section is satisfied by an elapsed time of 90 seconds (mt=90).

[58 FR 58408, Nov. 1, 1993, as amended at 61 FR 40947, Aug. 6, 1996]



Sec. 85.2219  Idle test with loaded preconditioning--EPA 91.

    (a) General requirements--(1) Exhaust gas sampling algorithm. The 
analysis of exhaust gas concentrations begins ten seconds after the 
applicable test mode begins. Exhaust gas concentrations must be analyzed 
at a minimum rate of once every 0.75 second. The measured value for 
pass/fail determinations is a simple running average of the measurements 
taken over five seconds.
    (2) Pass/fail determination. A pass or fail determination is made 
for each applicable test mode based on a comparison of the short test 
standards contained in Sec. Sec. 85.2203 and 85.2204, and the measured 
value for HC and CO as described in paragraph (a)(1) of this section. A 
vehicle passes the test mode if any pair of simultaneous values for HC 
and CO are below or equal to the applicable short test standards. A 
vehicle fails the test mode if the values for either HC or CO, or both, 
in all simultaneous pairs of values are above the applicable standards.
    (3) Void test conditions. The test immediately terminates and any 
exhaust gas measurements are voided if the measured concentration of CO 
plus CO2 falls below 6 percent or the vehicle's engine stalls 
at any time during the test sequence.
    (4) Multiple exhaust pipes. Exhaust gas concentrations from vehicle 
engines equipped with multiple exhaust pipes must be sampled 
simultaneously.
    (5) The test is immediately terminated upon reaching the overall 
maximum test time.
    (b) Test sequence. (1) The test sequence consists of a first-chance 
test and a second-chance test as described in paragraphs (b)(1) (i) and 
(ii) of this section.
    (i) The first-chance test, as described under paragraph (c) of this 
section, consists of an idle mode.
    (ii) The second-chance test as described under paragraph (d) of this 
section is performed only if the vehicle fails the first-chance test.
    (2) The test sequence begins only after the requirements described 
in paragraphs (b)(2) (i) through (v) of this section are met.
    (i) The dynamometer must be warmed up, in stabilized operating 
condition, adjusted, and calibrated in accordance with the procedures of 
Sec. 85.2233. Prior to each test, variable-curve dynamometers must be 
checked for proper setting of the road-load indicator or road-load 
controller.
    (ii) The vehicle is tested in as-received condition with all 
accessories turned off. The engine must be at normal operating 
temperature (as indicated by a temperature gauge, temperature lamp, 
touch test on the radiator hose, or other visual observation

[[Page 126]]

indicating that overheating has not occurred).
    (iii) The vehicle must be operated during each mode of the test with 
the gear selector in the position described in paragraphs (b)(2)(iii) 
(A) and (B) of this section.
    (A) In drive for automatic transmissions and in second (or third if 
more appropriate) for manual transmissions for the loaded 
preconditioning mode.
    (B) In park or neutral for the idle mode.
    (iv) The sample probe is inserted into the vehicle's tailpipe to a 
minimum depth of 10 inches. If the vehicle's exhaust system prevents 
insertion to this depth, a tailpipe extension must be used.
    (v) The measured concentration of CO plus CO2 must be 
greater than or equal to 6 percent.
    (c) First-chance test. The test timer starts (tt=0) when the 
conditions specified in paragraph (b)(2) of this section are met. The 
overall maximum test time is 155 seconds (tt=155). The first-chance test 
consists of an idle mode only.
    (1) The minimum mode length is determined as described in paragraph 
(c)(2) of this section. The maximum mode length is 90 seconds elapsed 
time (mt=90).
    (2) The pass/fail analysis begins after an elapsed time of ten 
seconds (mt=10). A pass or fail determination is made for the vehicle 
and the mode terminates in accordance with paragraphs (c)(2) (i) through 
(v) of this section.
    (i) The vehicle passes the idle mode and the test is immediately 
terminated if, prior to an elapsed time of 30 seconds (mt=30), measured 
values are less than or equal to 100 ppm HC and 0.5 percent CO.
    (ii) The vehicle passes the idle mode and the test is terminated at 
the end of an elapsed time of 30 seconds (mt=30) if, prior to that time, 
the criteria of paragraph (c)(2)(i) of this section are not satisfied, 
and the measured values are less than or equal to the applicable short 
test standards as determined by the procedure described in paragraph 
(a)(2) of this section.
    (iii) The vehicle passes the idle mode and the test is immediately 
terminated if, at any point between an elapsed time of 30 seconds 
(mt=30) and 90 seconds (mt=90), the measured values are less than or 
equal to the applicable short test standards as determined by the 
procedure described in paragraph (a)(2) of this section.
    (iv) The vehicle fails the idle mode and the test is terminated if 
none of the provisions of paragraphs (c)(2)(i), (ii), and (iii) of this 
section is satisfied by an elapsed time of 90 seconds (mt=90). 
Alternatively, the vehicle may be failed if the provisions of paragraphs 
(c)(2)(i) and (ii) of this section are not met within an elapsed time of 
30 seconds.
    (v) Optional. The vehicle may fail the first-chance test and the 
second-chance test may be omitted if no exhaust gas concentration less 
than 1800 ppm HC is found at an elapsed time of 30 seconds (mt=30).
    (d) Second-chance test. If the vehicle fails the first-chance test, 
the test timer resets to zero (tt=0) and a second-chance test is 
performed. The overall maximum test time for the second-chance test is 
200 seconds (tt=200). The test consists of a preconditioning mode using 
a chassis dynamometer, followed immediately by an idle mode.
    (1) Preconditioning mode. (i) The mode timer starts (mt=0) when the 
dynamometer speed is within the limits specified for the vehicle engine 
size in accordance with the following schedule. The mode continues for a 
minimum elapsed time of 30 seconds (mt=30). If the dynamometer speed 
falls outside the limits for more than five seconds in one excursion, or 
15 seconds over all excursions, the mode timer resets to zero and 
resumes timing.

                        Dynamometer Test Schedule
------------------------------------------------------------------------
                                                        Normal loading,
    Gasoline engine size, No.       Roll speed, mph        brake hp
            cylinders                    (kph)            (kilowatts)
------------------------------------------------------------------------
4 or less.......................  22-25 (35-40).....  2.8-4.1 (2.1-3.1).
5-6.............................  29-32 (47-52).....  6.8-8.4 (5.1-6.3).
7 or more.......................  32-35 (52-56).....  8.4-10.8 (6.3-
                                                       8.1).
------------------------------------------------------------------------

    (2) Idle mode--(i) Ford Motor Company and Honda vehicles. 
(Optional.) The engines of 1981-1987 model year Ford Motor Company 
vehicles and 1984-1985 model year Honda Preludes must be shut off for 
not more than ten seconds

[[Page 127]]

and restarted. This procedure may also be used for 1988-1989 model year 
Ford Motor Company vehicles but may not be used for other vehicles. The 
probe may be removed from the tailpipe or the sample pump turned off if 
necessary to reduce analyzer fouling during the restart procedure.
    (ii) The mode timer starts (mt=0) 5 seconds after the dynamometer 
speed has reached zero. The minimum idle mode length is determined as 
described in paragraph (d)(2)(iii) of this section. The maximum idle 
mode length is 90 seconds elapsed time (mt=90).
    (iii) The pass/fail analysis begins after an elapsed time of ten 
seconds (mt=10). A pass or fail determination is made for the vehicle 
and the mode is terminated in accordance with paragraphs (d)(2)(iii) (A) 
through (D) of this section.
    (A) The vehicle passes the idle mode and the test is immediately 
terminated if, prior to an elapsed time of 30 seconds (mt=30), measured 
values are less than or equal to 100 ppm HC and 0.5 percent CO.
    (B) The vehicle passes the idle mode and the test is terminated at 
the end of an elapsed time of 30 seconds (mt=30) if, prior to that time, 
the criteria of paragraph (d)(2)(ii)(A) of this section are not 
satisfied, and the measured values are less than or equal to the 
applicable short test standards as determined by the procedure described 
in paragraph (a)(2) of this section.
    (C) The vehicle passes the idle mode and the test is immediately 
terminated if, at any point between an elapsed time of 30 seconds 
(mt=30) and 90 seconds (mt=90), measured values are less than or equal 
to the applicable short test standards described in paragraph (a)(2) of 
this section.
    (D) The vehicle fails the idle mode and the test is terminated if 
none of the provisions of paragraphs (d)(2)(ii)(A), (B), and (C) of this 
section is satisfied by an elapsed time of 90 seconds (mt=90).

[58 FR 58409, Nov. 1, 1993]



Sec. 85.2220  Preconditioned two speed idle test--EPA 91.

    (a) General requirements--(1) Exhaust gas sampling algorithm. The 
analysis of exhaust gas concentrations begins ten seconds after the 
applicable test mode begins. Exhaust gas concentrations must be analyzed 
at a minimum rate of once every 0.75 second. The measured value for 
pass/fail determinations is a simple running average of the measurements 
taken over five seconds.
    (2) Pass/fail determination. A pass or fail determination is made 
for each applicable test mode based on a comparison of the short test 
standards contained in Sec. Sec. 85.2203 and 85.2204, and the measured 
value for HC and CO as described in paragraph (a)(1) of this section. A 
vehicle passes the test mode if any pair of simultaneous values for HC 
and CO are below or equal to the applicable short test standards. A 
vehicle fails the test mode if the values for either HC or CO, or both, 
in all simultaneous pairs of values are above the applicable standards.
    (3) Void test conditions. The test immediately terminates and any 
exhaust gas measurements are voided if the measured concentration of CO 
plus CO2 falls below six percent or the vehicle's engine 
stalls at any time during the test sequence.
    (4) Multiple exhaust pipes. Exhaust gas concentrations from vehicle 
engines equipped with multiple exhaust pipes must be sampled 
simultaneously.
    (5) The test is immediately terminated upon reaching the overall 
maximum test time.
    (b) Test sequence. (1) The test sequence consists of a first-chance 
test and a second-chance test as described in paragraphs (b)(1) (i) and 
(ii) of this section.
    (i) The first-chance test, as described under paragraph (c) of this 
section, consists of a first-chance high-speed mode followed immediately 
by a first-chance idle mode.
    (ii) The second-chance test as described under paragraph (d) of this 
section is performed only if the vehicle fails the first-chance test.
    (2) The test sequence begins only after the requirements described 
in paragraphs (b)(2) (i) through (iv) of this section are met.
    (i) The vehicle is tested in as-received condition with the 
transmission in neutral or park and all accessories

[[Page 128]]

turned off. The engine must be at normal operating temperature (as 
indicated by a temperature gauge, temperature lamp, touch test on the 
radiator hose, or other visual observation indicating that overheating 
has not occurred).
    (ii) For all pre-1996 model year vehicles, a tachometer shall be 
attached to the vehicle in accordance with the analyzer manufacturer's 
instructions. For 1996 and newer model year vehicles the OBD data link 
connector will be used to monitor RPM. In the event that an OBD data 
link connector is not available or that an RPM signal is not available 
over the data link connector, a tachometer shall be used instead.
    (iii) The sample probe is inserted into the vehicle's tailpipe to a 
minimum depth of 10 inches. If the vehicle's exhaust system prevents 
insertion to this depth, a tailpipe extension must be used.
    (iv) The measured concentration of CO plus CO2 must be greater than 
or equal to six percent.
    (c) First-chance test. The test timer starts (tt=0) when the 
conditions specified in paragraph (b)(2) of this section are met. The 
overall maximum test time is 290 seconds (tt=290). The first-chance test 
consists of a high-speed mode followed immediately by an idle mode.
    (1) First-chance high-speed mode. (i) The mode timer starts (mt=0) 
when the vehicle engine speed is between 2200 and 2800 rpm. If the 
engine speed falls below 2200 rpm or exceeds 2800 rpm for more than two 
seconds in one excursion, or more than six seconds over all excursions 
within 30 seconds of the final measured value used in the pass/fail 
determination, the measured value is invalidated and the mode continued. 
If any excursion lasts for more than ten seconds, the mode timer resets 
to zero (mt=0) and timing resumes. The high-speed mode length is 90 
seconds elapsed time (mt=90).
    (ii) The pass/fail analysis begins after an elapsed time of ten 
seconds (mt=10). A pass or fail determination is made for the vehicle 
and the mode is terminated in accordance with paragraphs (c)(1)(ii)(A) 
through (C) of this section.
    (A) The vehicle passes the high-speed mode and the mode is 
terminated at an elapsed time of 90 seconds (mt=90) if any measured 
values are less than or equal to the applicable short test standards as 
determined by the procedure described in paragraph (a)(2) of this 
section.
    (B) The vehicle fails the high-speed mode and the mode is terminated 
if the requirements of paragraph (c)(1)(ii)(A) of this section are not 
satisfied by an elapsed time of 90 seconds (mt=90).
    (C) Optional. The vehicle may fail the first-chance test and any 
subsequent test may be omitted if no exhaust gas concentration lower 
than 1800 ppm HC is found at an elapsed time of 30 seconds (mt=30).
    (2) First-chance idle mode. (i) The mode timer starts (mt=0) when 
the vehicle engine speed is between 350 and 1100 rpm. If the engine 
speed exceeds 1100 rpm or falls below 350 rpm, the mode timer resets to 
zero and resumes timing. The minimum first-chance idle mode length is 
determined as described in paragraph (c)(2)(ii) of this section. The 
maximum first-chance idle mode length is 90 seconds elapsed time 
(mt=90).
    (ii) The pass/fail analysis begins after an elapsed time of ten 
seconds (mt=10). A pass or fail determination is made for the vehicle 
and the mode is terminated in accordance with paragraphs (c)(2)(ii) (A) 
through (D) of this section.
    (A) The vehicle passes the idle mode and the test is immediately 
terminated if, prior to an elapsed time of 30 seconds (mt=30), measured 
values are less than or equal to 100 ppm HC and 0.5 percent CO.
    (B) The vehicle passes the idle mode and the test is terminated at 
the end of an elapsed time of 30 seconds (mt=30) if, prior to that time, 
the criteria of paragraph (c)(2)(ii)(A) of this section are not 
satisfied, and the measured values are less than or equal to the 
applicable short test standards as determined by the procedure described 
in paragraph (a)(2) of this section.
    (C) The vehicle passes the idle mode and the test is immediately 
terminated if, at any point between an elapsed time of 30 seconds 
(mt=30) and 90 seconds (mt=90), the measured values are less than or 
equal to the applicable short test standards as determined by

[[Page 129]]

the procedure described in paragraph (a)(2) of this section.
    (D) The vehicle fails the idle mode and the test is terminated if 
none of the provisions of paragraphs (c)(2)(ii) (A), (B), and (C) of 
this section is satisfied by an elapsed time of 90 seconds (mt=90). 
Alternatively, the vehicle may be failed if the provisions of paragraphs 
(c)(2) (i) and (ii) of this section are not met within the elapsed time 
of 30 seconds.
    (d) Second-chance test. (1) If the vehicle fails either mode of the 
first-chance test, the test timer resets to zero (tt=0) and a second-
chance test begins. The second-chance test is performed based on the 
first-chance test failure mode or modes as described in paragraphs 
(d)(1) (i) through (iii) of this section.
    (i) If the vehicle failed only the first-chance high-speed mode, the 
second-chance test consists of a second-chance high-speed mode as 
described in paragraph (d)(2) of this section. The overall maximum test 
time is 280 seconds (tt=280).
    (ii) If the vehicle failed only the first-chance idle mode, the 
second-chance test consists of a second-chance pre-conditioning mode 
followed immediately by a second-chance idle mode as described in 
paragraphs (d) (3) and (4) of this section. The overall maximum test 
time is 425 seconds (tt=425).
    (iii) If both the first-chance high-speed mode and first-chance idle 
mode were failed, the second-chance test consists of the second-chance 
high-speed mode followed immediately by the second-chance idle mode as 
described in paragraphs (d) (2) and (4) of this section. However, if 
during this second-chance procedure, the vehicle fails the second-chance 
high-speed mode, then the second-chance idle mode may be eliminated. The 
overall maximum test time is 425 seconds (tt=425).
    (2) Second-chance high-speed mode--(i) Ford Motor Company and Honda 
vehicles. The engines of 1981-1987 model year Ford Motor Company 
vehicles and 1984-1985 model year Honda Preludes must be shut off for 
not more than ten seconds and then restarted. The probe may be removed 
from the tailpipe or the sample pump turned off if necessary to reduce 
analyzer fouling during the restart procedure. This procedure may also 
be used for 1988-1989 model year Ford Motor Company vehicles but may not 
be used for other vehicles.
    (ii) The mode timer resets (mt=0) when the vehicle engine speed is 
between 2200 and 2800 rpm. If the engine speed falls below 2200 rpm or 
exceeds 2800 rpm for more than two seconds in one excursion, or more 
than six seconds over all excursions within 30 seconds of the final 
measured value used in the pass/fail determination, the measured value 
is invalidated and the mode continued. The minimum second-chance high-
speed mode length is determined as described in paragraphs (d)(2) (iii) 
and (iv) of this section. If any excursion lasts for more than ten 
seconds, the mode timer resets to zero (mt=0) and timing resumes. The 
maximum second-chance high-speed mode length is 180 seconds elapsed time 
(mt=180).
    (iii) In the case where the second-chance high-speed mode is not 
followed by the second-chance idle mode, the pass/fail analysis begins 
after an elapsed time of ten seconds (mt=10). A pass or fail 
determination is made for the vehicle and the mode is terminated in 
accordance with paragraphs (d)(2)(iii) (A) through (D) of this section.
    (A) The vehicle passes the high-speed mode and the test is 
immediately terminated if, prior to an elapsed time of 30 seconds 
(mt=30), measured values are less than or equal to 100 ppm HC and 0.5 
percent CO.
    (B) The vehicle passes the high-speed mode and the test is 
terminated if at the end of an elapsed time of 30 seconds (mt=30) if, 
prior to that time, the criteria of paragraph (d)(2)(iii)(A) of this 
section are not satisfied, and the measured values are less than or 
equal to the applicable short test standards as determined by the 
procedure described in paragraph (a)(2) of this section.
    (C) The vehicle passes the high-speed mode and the test is 
immediately terminated if, at any point between an elapsed time of 30 
seconds (mt=30) and

[[Page 130]]

180 seconds (mt=180), the measured values are less than or equal to the 
applicable short test standards as determined by the procedure described 
in paragraph (a)(2) of this section.
    (D) The vehicle fails the high-speed mode and the test is terminated 
if none of the provisions of paragraphs (d)(2)(iii) (A), (B), and (C) of 
this section is satisfied by an elapsed time of 180 seconds (mt=180).
    (iv) In the case where the second-chance high-speed mode is followed 
by the second-chance idle mode, the pass/fail analysis begins after an 
elapsed time of ten seconds (mt=10). A pass or fail determination is 
made for the vehicle and the mode is terminated in accordance with 
paragraphs (d)(2)(iv)(A) and (B) of this section.
    (A) The vehicle passes the high-speed mode and the mode is 
terminated at the end of an elapsed time of 180 seconds (mt=180) if any 
measured values are less than or equal to the applicable short test 
standards as determined by the procedure described in paragraph (a)(2) 
of this section.
    (B) The vehicle fails the high-speed mode and the mode is terminated 
if paragraph (d)(2)(iv)(A) of this section is not satisfied by an 
elapsed time of 180 seconds (mt=180).
    (3) Second-chance preconditioning mode. The mode timer starts (mt=0) 
when engine speed is between 2200 and 2800 rpm. The mode continues for 
an elapsed time of 180 seconds (mt=180). If the engine speed falls below 
2200 rpm or exceeds 2800 rpm for more than five seconds in any one 
excursion, or 15 seconds over all excursions, the mode timer resets to 
zero and resumes timing.
    (4) Second-chance idle mode--(i) Ford Motor Company and Honda 
vehicles. The engines of 1981-1987 model year Ford Motor Company 
vehicles and 1984-1985 model year Honda Preludes must be shut off for 
not more than ten seconds and then restarted. The probe may be removed 
from the tailpipe or the sample pump turned off if necessary to reduce 
analyzer fouling during the restart procedure. This procedure may also 
be used for 1988-1989 model year Ford Motor Company vehicles but may not 
be used for other vehicles.
    (ii) The mode timer starts (mt=0) when the vehicle engine speed is 
between 350 and 1100 rpm. If the engine speed exceeds 1100 rpm or falls 
below 350 rpm the mode timer resets to zero and resumes timing. The 
minimum second-chance idle mode length is determined as described in 
paragraph (d)(4)(iii) of this section. The maximum second-chance idle 
mode length is 90 seconds elapsed time (mt=90).
    (iii) The pass/fail analysis begins after an elapsed time of ten 
seconds (mt=10). A pass or fail determination is made for the vehicle 
and the mode is terminated in accordance with paragraphs (d)(4)(iii) (A) 
through (D) of this section.
    (A) The vehicle passes the second-chance idle mode and the test is 
immediately terminated if, prior to an elapsed time of 30 seconds 
(mt=30), measured values are less than or equal to 100 ppm HC and 0.5 
percent CO.
    (B) The vehicle passes the second-chance idle mode and the test is 
terminated at the end of an elapsed time of 30 seconds (mt=30) if, prior 
to that time, the criteria of paragraph (d)(4)(iii)(A) of this section 
are not satisfied, and the measured values are less than or equal to the 
applicable short test standards as determined by the procedure described 
in paragraph (a)(2) of this section.
    (C) The vehicle passes the second-chance idle mode and the test is 
immediately terminated if, at any point between an elapsed time of 30 
seconds (mt=30) and 90 seconds (mt=90), measured values are less than or 
equal to the applicable short test standards described in paragraph 
(a)(2) of this section.
    (D) The vehicle fails the second-chance idle mode and the test is 
terminated if none of the provisions of paragraphs (d)(4)(iii) (A), (B), 
and (C) of this section is satisfied by an elapsed time of 90 seconds 
(mt=90).

[58 FR 58411, Nov. 1, 1993, as amended at 61 FR 40947, Aug. 6, 1996]



Sec. 85.2221  [Reserved]



Sec. 85.2222  On-board diagnostic test procedures.

    The test sequence for the inspection of on-board diagnostic systems 
on 1996

[[Page 131]]

and newer light-duty vehicles and light-duty trucks shall consist of the 
following steps:
    (a) The on-board diagnostic inspection shall be conducted with the 
key-on/engine running (KOER), with the exception of inspecting for MIL 
illumination as required in paragraph (d)(4) of this section, during 
which the inspection shall be conducted with the key-on/engine off 
(KOEO).
    (b) The inspector shall locate the vehicle connector and plug the 
test system into the connector.
    (c) The test system shall send a Mode $01, PID $01 request in 
accordance with SAE J1979 to determine the evaluation status of the 
vehicle's on-board diagnostic system. The test system shall determine 
what monitors are supported by the on-board diagnostic system, and the 
readiness evaluation for applicable monitors in accordance with SAE 
J1979. The procedure shall be done in accordance with SAE J1979 ``E/E 
Diagnostic Test Modes,'' (DEC91). This incorporation by reference was 
approved by the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. Copies of SAE J1979 may be obtained 
from the Society of Automotive Engineers, Inc., 400 Commonwealth Drive, 
Warrendale, PA 15096-0001. Copies may be inspected at the EPA Docket No. 
A-94-21 at EPA's Air Docket (LE-131), Room 1500 M, 1st Floor, Waterside 
Mall, 401 M Street SW., Washington, DC, or at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html.
    (1) Coincident with the beginning of mandatory testing, repair, and 
retesting based upon the OBD-I/M check, if the readiness evaluation 
indicates that any on-board tests are not complete the customer shall be 
instructed to return after the vehicle has been run under conditions 
that allow completion of all applicable on-board tests. If the readiness 
evaluation again indicates that any on-board test is not complete the 
vehicle shall be failed.
    (2) An exception to paragraph (c)(1) of this section is allowed for 
MY 1996 to MY 2000 vehicles, inclusive, with two or fewer unset 
readiness monitors, and for MY 2001 and newer vehicles with no more than 
one unset readiness monitor. Vehicles from those model years which would 
otherwise pass the OBD inspection, but for the unset readiness code(s) 
in question may be issued a passing certificate without being required 
to operate the vehicle in such a way as to activate those particular 
monitors. Vehicles from those model years with unset readiness codes 
which also have diagnostic trouble codes (DTCs) stored resulting in a 
lit malfunction indicator light (MIL) must be failed, though setting the 
unset readiness flags in question shall not be a prerequisite for 
passing the retest.
    (d) The test system shall evaluate the malfunction indicator light 
status bit and record status information in the vehicle test record.
    (1) If the malfunction indicator status bit indicates that the 
malfunction indicator light (MIL) has been commanded to be illuminated 
the test system shall send a Mode $03 request to determine the stored 
diagnostic trouble codes (DTCs). The system shall repeat this cycle 
until the number of codes reported equals the number expected based on 
the Mode 1 response. All DTCs resulting in MIL illumination shall be 
recorded in the vehicle test record and the vehicle shall fail the on-
board diagnostic inspection.
    (2) If the malfunction indicator light bit is not commanded to be 
illuminated the vehicle shall pass the on-board diagnostic inspection, 
even if DTCs are present.
    (3) If the malfunction indicator light bit is commanded to be 
illuminated, the inspector shall visually inspect the malfunction 
indicator light to determine if it is illuminated. If the malfunction 
indicator light is commanded to be illuminated but is not, the vehicle 
shall fail the on-board diagnostic inspection.
    (4) If the malfunction indicator light (MIL) does not illuminate at 
all when the vehicle is in the key-on/engine-off (KOEO) condition, the 
vehicle shall fail the on-board diagnostic inspection,

[[Page 132]]

even if no DTCs are present and the MIL has not been commanded on.

[61 FR 40947, Aug. 6, 1996, as amended at 63 FR 24433, May 4, 1998; 66 
FR 18178, Apr. 5, 2001]



Sec. 85.2223  On-board diagnostic test report.

    (a) Motorists whose vehicles fail the on-board diagnostic test 
described in Sec. 85.2222 shall be provided with the on-board 
diagnostic test results, including the codes retrieved, the name of the 
component or system associated with each fault code, the status of the 
MIL illumination command, and the customer alert statement as stated in 
paragraph (c) of this section.
    (b) [Reserved]
    (c) In addition to any codes which were retrieved, the test report 
shall include the following language:

    Your vehicle's computerized self-diagnostic system (OBD) registered 
the fault(s) listed below. This fault(s) is probably an indication of a 
malfunction of an emission component. However, multiple and/or seemingly 
unrelated faults may be an indication of an emission-related problem 
that occurred previously but upon further evaluation by the OBD system 
was determined to be only temporary. Therefore, proper diagnosis by a 
qualified technician is required to positively identify the source of 
any emission-related problem.

[61 FR 40948, Aug. 6, 1996, as amended at 66 FR 18179, Apr. 5, 2001]



Sec. 85.2224  Exhaust analysis system--EPA 81.

    (a) Applicability. The requirements of this subsection apply to 
short tests conducted under Emissions Performance Warranty through 
December 31, 1993. The requirements of Sec. 85.2225 apply concurrently 
until December 31, 1993, after which the requirements of Sec. 85.2225 
are solely in effect. The following exceptions apply: In a state where 
the Administrator has approved a SIP revision providing for 
implementation of a basic centralized program meeting the requirements 
of part 51, subpart S of this chapter, according to the schedule 
specified in Sec. 51.373 of this chapter, the requirements of this 
section are concurrently in effect until June 30, 1994 for 1995 and 
earlier model year vehicles or engines; in a state where the 
Administrator has approved a SIP revision providing for implementation 
of an enhanced program meeting the requirements of part 51, subpart S of 
this chapter, according to the schedule specified in Sec. 51.373 of 
this chapter, the requirements of this section are concurrently in 
effect until December 31, 1995 for 1995 and earlier model year vehicles 
or engines.
    (b) Sampling system--(1) General requirements. The exhaust sampling 
system shall consist of a sample probe, moisture separator and analyzers 
for HC and CO.
    (2) Dual sample probe requirements. If used, a dual sample probe 
must provide equal flow in each leg. The equal flow criterion is 
considered to be met if the flow rate in each leg of the probe (or an 
identical model) has been measured under two sample flow rates (the 
normal rate and a rate equal to the onset of low flow), and if the flow 
rates in each of the legs are found to be equal to each other (15%).
    (c) Analyzers--(1) Accuracy. The HC analyzer shall have an accuracy 
of 15 ppm at 200 to 220 ppm concentration HC (as 
hexane). The CO analyzer shall have an accuracy of 0.1% CO from 1.0% to 1.2% concentration.
    (2) Response time. Response time of the analyzers shall be 15 
seconds to 95% of the final reading.
    (3) Drift. Analyzer drift (up-scale and down-scale zero and span 
wander) shall not exceed 0.1% CO and 15 ppm HC (as hexane) on the lowest range capable of 
reading 1.0% or 200 ppm HC (as hexane) during a one-hour period.

[49 FR 24323, June 12, 1984. Redesignated and amended at 58 FR 58403, 
58412, Nov. 1, 1993]



Sec. 85.2225  Steady state test exhaust analysis system--EPA 91.

    (a) Special calendar and model year applicability. The requirements 
of Sec. 85.2224 apply concurrently for tests conducted under Emission 
Performance Warranty on 1995 and earlier model year vehicles or engines 
until December 31, 1993, after which the requirements of this section 
are solely in effect. The following exceptions apply: in a state where 
the Administrator has approved a SIP revision providing for 
implementation of a basic centralized program meeting the requirements 
of part 51, subpart S of this chapter, according to

[[Page 133]]

the schedule specified in Sec. 51.373 of this chapter, the requirements 
of Sec. 85.2224 are concurrently in effect until June 30, 1994, for 
1995 and earlier model year vehicles or engines; in a state where the 
Administrator has approved a SIP revision providing for implementation 
of an enhanced program meeting the requirements of part 51, subpart S of 
this chapter, according to the schedule specified in Sec. 51.373 of 
this chapter, the requirements of Sec. 85.2224 are concurrently in 
effect until December 31, 1995, for 1995 and earlier model year vehicles 
or engines.
    (b) Sampling System--(1) General requirements. The sampling system 
for steady state short tests consists, at a minimum, of a tailpipe 
probe; a flexible sample line; a water removal system; particulate trap; 
sample pump; flow control components; tachometer or dynamometer; 
analyzers for HC, CO, and CO2; and digital displays for exhaust 
concentrations of HC, CO, and CO2; and for engine rpm. Materials that 
are in contact with the gases sampled may not contaminate or change the 
character of the gases to be analyzed, including gases from alcohol-
fueled vehicles. The probe must be capable of being inserted to a depth 
of at least ten inches into the tailpipe of the vehicle being tested or 
into an extension boot, if one is used. A digital display for 
dynamometer speed and load must be included if the test procedures 
described in Sec. 85.2217 or Sec. 85.2219 are conducted. Minimum 
specifications for optional NO analyzers are also described in this 
section. The analyzer system must be able to test, as specified in 
Sec. Sec. 85.2213, 85.2215, 85.2217, 85.2218, 85.2219, and 85.2220 all 
model vehicles in service at the time of sale of the analyzer.
    (2) Temperature operating range. The sampling system and all 
associated hardware must be of a design certified to operate within the 
performance specifications described in paragraph (c) of this section in 
ambient air temperatures ranging from 41 to 110 [deg]F. The analyzer 
system must, where necessary, include features to keep the sampling 
system within the specified range.
    (3) Humidity operating range. The sampling system and all associated 
hardware must be of a design certified to operate within the performance 
specifications described in paragraph (c) of this section at a minimum 
of 80 percent relative humidity throughout the required temperature 
range.
    (4) Barometric pressure compensation. Barometric pressure 
compensation must be provided. Compensation is made for elevations up to 
6000 feet (above mean sea level). At any given altitude and ambient 
conditions specified in paragraphs (b) (2) and (3) of this section, 
errors due to barometric pressure changes of 2 
inches of mercury may not exceed the accuracy limits specified in 
paragraph (c) of this section.
    (5) Dual sample probe requirements. When testing a vehicle with dual 
exhaust pipes, a dual sample probe of a design certified by the analyzer 
manufacturer to provide equal flow in each leg must be used. The equal 
flow requirement is considered to be met if the flow rate in each leg of 
the probe has been measured under two sample pump flow rates (the normal 
rate and a rate equal to the onset of low flow), and if the flow rates 
in each of the legs are found to be equal to each other (within 15 
percent of the flow rate in the leg having lower flow).
    (6) System lockout during warmup. Functional operation of the gas 
sampling unit must remain disabled through a system lockout until the 
instrument meets stability and warmup requirements. The instrument is 
considered ``warmed up'' when the zero and span readings for HC, CO, and 
CO2 have stabilized, within 3 percent 
of the full range of low scale, for five minutes without adjustment.
    (7) Electromagnetic isolation and interference. Electromagnetic 
signals found in an automotive service environment may not cause 
malfunctions or changes in the accuracy in the electronics of the 
analyzer system. The instrument design must ensure that readings do not 
vary as a result of electromagnetic radiation and induction devices 
normally found in the automotive service environment, including high 
energy vehicle ignition systems, radio frequency transmission radiation 
sources, and building electrical systems.
    (8) Vibration and shock protection. System operation must be 
unaffected by

[[Page 134]]

the vibration and shock encountered under the normal operating 
conditions encountered in an automotive service environment.
    (9) Propane Equivalency Factor. The Propane Equivalency Factor must 
be displayed in a manner that enables it to be viewed conveniently, 
while permitting it to be altered only by personnel specifically 
authorized to do so.
    (c) Analyzers--(1) Accuracy. The analyzers must be of a design 
certified to meet the following accuracy requirements when calibrated to 
the span points specified in Sec. 85.2233(e)(2):

----------------------------------------------------------------------------------------------------------------
                 Channel                             Range               Accuracy        Noise     Repeatability
----------------------------------------------------------------------------------------------------------------
HC, as hexane...........................  0-400 12.
                                          401-1000 30.
                                          1001-2000 80.
CO, %...................................  0-2.00 0.06.
                                          2.01-5.00 0.15.
                                          5.01-9.99 0.40.
CO2, %..................................  0-4.0 0.6.
                                          4.1-14.0 0.5.
                                          14.1-16.0 0.6.
NO, ppm.................................  0-1000 32.
                                          1001-2000 60.
                                          2001-4000 120.
----------------------------------------------------------------------------------------------------------------

    (2) Minimum analyzer display resolution. The analyzer electronics 
must have sufficient resolution to achieve the level of accuracy 
indicated in paragraphs (c)(2)(i) through (v) of this section.
    (i) HC 1 ppm HC as hexane.
    (ii) CO 0.01% CO.
    (iii) CO2 0.1% CO2.
    (iv) NO 1 ppm NO.
    (v) RPM 1 rpm.
    (3) Response time. The response time from the probe to the display 
for HC, CO, and CO2 analyzers may not exceed eight seconds to 
90 percent of a step change in input. For NO analyzers, the response 
time may not exceed twelve seconds to 90 percent of a step change in 
input.
    (4) Display refresh rate. Dynamic information being displayed must 
be refreshed at a minimum rate of twice per second.
    (5) Interference effects. The interference effects for non-interest 
gases may not exceed 10 ppm for hydrocarbons, 
0.05 percent for carbon monoxide, 0.20 percent for carbon dioxide, and 20 ppm for oxides of nitrogen.
    (6) Low flow indication. The analyzer must provide an indication 
when the sample flow is below the acceptable level. The sampling system 
must be equipped with a flow meter (or equivalent) that indicates sample 
flow degradation when meter error exceeds three percent of full scale, 
or causes system response time to exceed 13 seconds to 90 percent of a 
step change in input, whichever is less.
    (7) Engine speed detection. The analyzer must utilize a tachometer 
capable of detecting engine speed in revolutions per minute (rpm) with a 
0.5 second response time and an accuracy of 3 
percent of the true rpm.
    (8) Test and mode timers. The analyzer must be capable of 
simultaneously determining the amount of time elapsed in a test, and in 
a mode within that test.
    (9) Sample rate. The analyzer must be capable of measuring exhaust 
concentrations of gases specified in this section at a minimum rate of 
once every 0.75 second.
    (d) Demonstration of conformity. The analyzer must be demonstrated 
to the satisfaction of the inspection program manager, through 
acceptance testing procedures, to meet the requirements of this section 
and to be capable of being maintained as required in Sec. 85.2233.

[58 FR 58413, Nov. 1, 1993; 59 FR 33913, July 1, 1994]



Sec. Sec. 85.2226-85.2228  [Reserved]



Sec. 85.2229  Dynamometer--EPA 81.

    (a) Applicability. The requirements of this subsection apply to 
short tests

[[Page 135]]

conducted under Emissions Performance Warranty through December 31, 
1993. The requirements of Sec. 85.2230 apply concurrently until 
December 31, 1993, after which the requirements of Sec. 85.2230 are 
solely in effect. The following exceptions apply: in a state where the 
Administrator has approved a SIP revision providing for implementation 
of a basic centralized program meeting the requirements of part 51, 
subpart S of this chapter, according to the schedule specified in Sec. 
51.373 of this chapter, the requirements of this section are 
concurrently in effect until June 30, 1994 for 1995 and earlier model 
year vehicles or engines; in a state where the Administrator has 
approved a SIP revision providing for implementation of an enhanced 
program meeting the requirements of part 51, subpart S of this chapter, 
according to the schedule specified in Sec. 51.373 of this chapter, the 
requirements of this section are concurrently in effect until December 
31, 1995 for 1995 and earlier model year vehicles or engines.
    (b) The loaded test dynamometer shall be adjusted to produce a load 
of 9.0 1.0 hp at 30 mph.
    (c) Speed shall be measured from the dynamometer roll(s) with an 
accuracy of 1.5 mph at 30 mph true roll speed.

[49 FR 24323, June 12, 1984. Redesignated and amended at 58 FR 58403, 
58414, Nov. 1, 1993]



Sec. 85.2230  Steady state test dynamometer--EPA 91.

    (a) Special calendar and model year applicability. The requirements 
of Sec. 85.2229 apply concurrently for tests conducted under Emission 
Performance Warranty on 1995 and earlier model year vehicles or engines 
until December 31, 1993, after which the requirements of this section 
are solely in effect. The following exceptions apply: In a state where 
the Administrator has approved a SIP revision providing for 
implementation of a basic centralized program meeting the requirements 
of part 51, subpart S of this chapter, according to the schedule 
specified in Sec. 51.373 of this chapter, the requirements of Sec. 
85.2229 are concurrently in effect until June 30, 1994 for 1995 and 
earlier model year vehicles or engines; in a state where the 
Administrator has approved a SIP revision providing for implementation 
of an enhanced program meeting the requirements of part 51, subpart S of 
this chapter, according to the schedule specified in Sec. 51.373 of 
this chapter, the requirements of Sec. 85.2229 are concurrently in 
effect until December 31, 1995 for 1995 and earlier model year vehicles 
or engines.
    (b) The chassis dynamometer for steady state short tests must 
provide the capabilities described in paragraphs (b) (1) through (7) of 
this section.
    (1) Power absorption. The dynamometer must be capable of applying a 
load to the vehicle's driving tire surfaces at the horsepower and speed 
levels specified in paragraph (c) of this section.
    (2) Short-term stability. Power absorption at constant speed may not 
drift more than 0.5 horsepower (hp) during any 
single test mode.
    (3) Roll weight capacity. The dynamometer must be capable of 
supporting a driving axle weight up to four thousand (4,000) pounds or 
greater.
    (4) Between roll wheel lifts. For dual-roll dynamometers, these must 
be controllable and capable of lifting a minimum of four thousand 
(4,000) pounds.
    (5) Roll brakes. Rolls must be locked when the wheel lift is up.
    (6) Speed indications. The dynamometer speed display must have a 
range of 0 mph to 60 mph (or 0 kph to 100 kph), and a resolution and 
accuracy of at least 1 mph (or 1 kph).
    (7) Safety interlock. A roll speed sensor and safety interlock 
circuit must be provided which prevents the application of the roll 
brakes and upward lift movement at any roll speed above 0.5 mph (0.8 
kph).
    (c) The dynamometer must produce the load speed relationships 
specified in Sec. Sec. 85.2217 and 85.2219.

[58 FR 58414, Nov. 1, 1993]



Sec. 85.2231  On-board diagnostic test equipment requirements.

    (a) The test system interface to the vehicle shall include a plug 
that conforms to SAE J1962 ``Diagnostic Connector.'' The procedure shall 
be done in accordance with SAE J1962 ``Diagnostic Connector'' (JUN92). 
This incorporation of reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552 (a) and 1

[[Page 136]]

CFR part 51. Copies of SAE J1962 may be obtained from the Society of 
Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, PA 
15096-0001. Copies may be inspected at the EPA Docket No. A-94-21 at 
EPA's Air Docket, (LE-131) Room 1500 M, 1st Floor, Waterside Mall, 1200 
Pennsylvania Ave., NW., Washington, DC, or at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html.
    (b) The test system shall be capable of communicating with the 
standard data link connector of vehicles with certified OBD systems.
    (c) The test system shall be capable of checking for the monitors 
supported by the on-board diagnostic system and the evaluation status of 
supported monitors (test complete/test not complete) in Mode $01 PID 
$01, as well as be able to request the diagnostic trouble codes, as 
specified in SAE J1979. In addition, the system shall have the 
capability to include bi-directional communication for control of the 
evaporative canister vent solenoid. SAE J1979 is incorporated by 
reference and approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of all the SAE 
documents cited above may be obtained from the Society of Automotive 
Engineers, Inc., 400 Commonwealth Drive, Warrendale, PA 15096-0001. 
Copies may be inspected at the EPA Docket No. A-94-21 at EPA's Air 
Docket, (LE-131) Room 1500 M, 1st Floor, Waterside Mall, 1200 
Pennsylvania Ave., NW., Washington, DC, or at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html.
    (d) [Reserved]

[61 FR 40948, Aug. 6, 1996, as amended at 63 FR 24434, May 4, 1998; 66 
FR 18179, Apr. 5, 2001]



Sec. 85.2232  Calibrations, adjustments--EPA 81.

    (a) Applicability. The requirements of this subsection apply to 
short tests conducted under Emissions Performance Warranty through 
December 31, 1993. The requirements of Sec. 85.2233 apply concurrently 
until December 31, 1993, after which the requirements of Sec. 85.2233 
are solely in effect. The following exceptions apply: In a state where 
the Administrator has approved a SIP revision providing for 
implementation of a basic centralized program meeting the requirements 
of part 51, subpart S of this chapter, according to the schedule 
specified in Sec. 51.373 of this chapter, the requirements of this 
section are concurrently in effect until June 30, 1994 for 1995 and 
earlier model year vehicles or engines; in a state where the 
Administrator has approved a SIP revision providing for implementation 
of an enhanced program meeting the requirements of part 51, subpart S of 
this chapter, according to the schedule specified in Sec. 51.373 of 
this chapter, the requirements of this section are concurrently in 
effect until December 31, 1995 for 1995 and earlier model year vehicles 
or engines.
    (b) Equipment shall be calibrated in accordance with the 
manufacturers' instructions.
    (c) Hourly checks. Within one hour prior to a test, the analyzers 
shall be zeroed and spanned. Ambient air is acceptable as a zero gas; an 
electrical span check is acceptable. Zero and span checks shall be made 
on the lowest range capable of reading the short test standard. 
Analyzers that perform an automatic zero/span adjustment every time a 
test sequence is initiated are considered to meet the hourly checks.
    (d) Daily checks. Within eight hours prior to a loaded test, the 
dynamometer shall be checked for proper power absorber settings.
    (e) Weekly checks--(1) Leak check. For analyzers with a separate 
calibration or span port, CO readings using the span gas through the 
probe and through the calibration port shall be made and compared; 
discrepancies of over 3% shall require repair of leaks. No analyzer 
adjustments shall be permitted during this check. The leak

[[Page 137]]

check and the following gas span check may be combined into one 
operation.
    (2) Gas span check. Within one week of the test, the analyzers shall 
have been spanned using calibration gases which meet the requirements in 
paragraph (d)(4) of this section and shall not have been readjusted 
since to a non-conforming gas. If the analyzer reads the span gas within 
2% of the span gas value or within .05% CO and 6 ppm HC (use the larger 
of the two tolerances), then no adjustment of the analyzer is needed. 
For this check the span gas may be introduced either through the 
calibration port (if so equipped) or through the probe. This paragraph 
does not prevent those who wish to always adjust the analyzer to the 
exact span value from doing so.
    (3) Gas span adjustment. If the analyzer fails to meet the gas span 
check specifications, then the analyzer shall be adjusted by the 
following procedures:
    (i) For analyzers without a calibration port, perform a simple leak 
check (e.g., cap the probe). Repair any leaks before continuing with 
this procedure. Introduce the span gas through the probe for this 
adjustment.
    (ii) For analyzers with a calibration port, introduce the span gas 
through the port for this adjustment.
    (iii) Perform a zero adjustment and a flowing span gas adjustment. 
Iterate between span and zero, as necessary, to obtain stable readings 
within the gas span check specifications.
    (iv) Check the electrical span without changing the zero or span 
adjustments set in step (iii). If the electrical span does not match the 
electrical span line or voltage level, locate the potentiometer that 
controls the relationship between the gas span and the electrical span. 
Adjust this control until the electrical span target is achieved.
    (v) Following this procedure, if the gas span value cannot be held 
within the 2% tolerance (or .05% CO and 6 ppm HC) while also meeting the 
electrical span criteria, then the analysis system and calibration 
bottle shall be removed from service until the problem is resolved and 
the adjustment tolerance met.
    (vi) Automatic analyzers that perform either a substantially similar 
adjustment procedure or mathematical correction procedure are considered 
to meet this adjustment procedure.
    (4) Span gases. The span gas used for the weekly check shall be 
traceable to NBS standards 2% and have 
concentrations either:
    (i) Between the standards specified in this subpart and the 
jurisdiction's inspection standards for the 1981 model year light duty 
vehicles, or
    (ii) Within -50% to +100% of the standards in this subpart.
    (f) Other checks. In addition to performing span and leak checks on 
a periodic basis, these checks shall also be used to verify system 
performance under the following special circumstances.
    (1) Gas span check. Within one week of the test, the analyzers must 
have been spanned using calibration gases which met the requirements in 
paragraph (e)(4) of this section and must not have been readjusted since 
to a non-conforming gas. If the analyzer reads the span gas within two 
percent of the span gas value or within .05 percent of the CO and 6 ppm 
HC (use the larger of the two tolerances), then no adjustment of the 
analyzer is needed. (However, adjusting the analyzer to the exact span 
value is not precluded.) For this check the span gas may be introduced 
either through the calibration port, if so equipped, or through the 
probe.
    (2) Leak checks. Each time the sample line integrity is broken, a 
leak check shall be performed prior to testing. A simple vacuum leak 
check (i.e., block the probe and check for low flow) is considered 
acceptable for these non-periodic checks.

[49 FR 24323, June 12, 1984. Redesignated and amended at 58 FR 58403, 
58415, Nov. 1, 1993]



Sec. 85.2233  Steady state test equipment calibrations, adjustments, 
and quality control--EPA 91.

    (a) Special calendar and model year applicability. The requirements 
of Sec. 85.2232 apply concurrently for tests conducted under Emission 
Performance Warranty on 1995 and earlier model year vehicles or engines 
until December 31, 1993, after which the requirements of this section 
are solely in effect. The following exceptions apply: in a state

[[Page 138]]

where the Administrator has approved a SIP revision providing for 
implementation of a basic centralized program meeting the requirements 
of part 51, subpart S of this chapter, according to the schedule 
specified in Sec. 51.373 of this chapter, the requirements of Sec. 
85.2232 are concurrently in effect until June 30, 1994 for 1995 and 
earlier model year vehicles or engines; in a state where the 
Administrator has approved a SIP revision providing for implementation 
of an enhanced program meeting the requirements of part 51, subpart S of 
this chapter, according to the schedule specified in Sec. 51.373 of 
this chapter, the requirements of Sec. 85.2232 are concurrently in 
effect until December 31, 1995 for 1995 and earlier model year vehicles 
or engines.
    (b) Equipment must be calibrated in accordance with the 
manufacturers' instructions.
    (c) Prior to each test--(1) Hydrocarbon hang-up check. Immediately 
prior to each test the analyzer automatically performs a hydrocarbon 
hang-up check. If the HC reading, when the probe is sampling ambient 
air, exceeds 20 ppm, the system must be purged with clean air or zero 
gas. The analyzer must be inhibited from continuing the test until HC 
levels drop below 20 ppm.
    (2) Automatic zero and span. The analyzer conducts an automatic zero 
and span check prior to each test. The span check must include the HC, 
CO, and CO2 channels and, if present, the NO channel. If zero and/or 
span drift cause the signal levels to move beyond the adjustment range 
of the analyzer, it must lock out from testing.
    (3) Low flow. The system locks out from testing if the sample flow 
is below the acceptable level as defined in Sec. 85.2225(c)(6).
    (d) Leak check. A system leak check is performed within 24 hours 
before the test in low volume stations (those performing less than 4,000 
inspections per year) and within four hours in high-volume stations 
(4,000 or more inspections per year) and may be performed in conjunction 
with the gas calibration described in paragraph (e)(1) of this section. 
If a leak check is not performed within the preceding 24 hours in low 
volume stations and within four hours in high-volume stations or if the 
analyzer fails the leak check, the analyzer must lock out from testing. 
The leak check must be a procedure demonstrated to effectively check the 
sample hose and probe for leaks and is performed in accordance with good 
engineering practices. An error of more than 2 
percent of the reading using low range span gas must cause the analyzer 
to lock out from testing, and requires repair of leaks.
    (e) Gas calibration. (1) On each operating day in high-volume 
stations, analyzers must automatically require and successfully pass a 
two-point gas calibration for HC, CO, and CO2 and must continually 
compensate for changes in barometric pressure. Calibration must be 
checked within four hours before the test and the analyzer adjusted if 
the reading is more than two percent different from the span gas value. 
In low-volume stations, analyzers must undergo a two-point calibration 
within 72 hours before each test, unless changes in barometric pressure 
are compensated for automatically and statistical process control 
demonstrates equal or better quality control using different 
frequencies. Gas calibration is accomplished by introducing span gas 
that meets the requirements of paragraph (e)(3) of this section into the 
analyzer through the calibration port. No adjustment of the analyzer is 
necessary if the analyzer reads the span gas within the allowable 
tolerance range; that is, the square root of sum of the squares of the 
span gas tolerance (described in paragraph (e)(3) of this section) and 
the calibration tolerance (which is equal to two percent). The gas 
calibration procedure corrects readings that exceed the allowable 
tolerance range to the center of the allowable tolerance range. The 
pressure in the sample cell must be the same with the calibration gas 
flowing during calibration as with the sample gas flowing during 
sampling. If the system is not calibrated, or the system fails the 
calibration check, the analyzer must lock out from testing.
    (2) Span points. A two-point gas calibration procedure must be 
followed. The span is accomplished at one of the pairs of span points 
listed in paragraphs (e)(2)(i) and (ii) of this section.

[[Page 139]]

    (i)(A) 300 ppm and 1200 ppm propane (HC).
    (B) 1.0% and 4.0% carbon monoxide (CO).
    (C) 6.0% and 12.0% carbon dioxide (CO2).
    (D) (if equipped for nitric oxide) 1000 ppm and 3000 ppm nitric 
oxide (NO).
    (ii)(A) 0 ppm and 600 ppm propane (HC).
    (B) 0.0% and 1.6% carbon monoxide (CO).
    (C) 0.0% and 11.0% carbon dioxide (CO2)
    (D) (if equipped for nitric oxide) 0 ppm and 1200 ppm nitric oxide 
(NO).
    (3) Span gases. The analyzed concentrations for the span gases used 
for calibration must be nominally within two percent of the span points 
specified in paragraph (d)(2) of this section and must be traceable to 
National Institute of Standards and Technology (NIST) standards within 
two percent. Zero gases must conform to the specifications given in 
Sec. 86.114-79 (a)(5) of this chapter.
    (f) Dynamometer checks--(1) Monthly check. Within one month 
preceding each loaded test, the accuracy of the roll speed indicator 
must be verified and the dynamometer must be checked for proper power 
absorber settings.
    (2) Semi-annual check. Within six months preceding each loaded test 
as described in Sec. 85.2217, the road-load response of the variable-
curve dynamometer or the frictional power absorption of the dynamometer 
must be checked by a coast down procedure similar to that described in 
Sec. 86.118-78 of this chapter. The check is done at 30 mph (48 kph), 
and a power absorption load setting to generate a power of 4.1 
horsepower (or 3.057 kilowatts). The actual coast down time from 45 mph 
to 15 mph (72 kph to 24 kph) must be within +1 second of the time 
calculated by the equation in paragraph (f)(2)(i) of this section for 
English system units or paragraph (f)(2)(ii) of this section for SI 
units.
[GRAPHIC] [TIFF OMITTED] TR01NO93.000


where W is the total inertia weight as represented by the weight of the 
rollers (excluding free rollers), and any inertia flywheels used, 
measured in pounds, and P is power, measured in horsepower. If the coast 
down time is not within the specified tolerance the dynamometer must be 
taken out of service and corrective action must be taken.
[GRAPHIC] [TIFF OMITTED] TR01NO93.001


where W is the total inertia weight as represented by the weight of the 
rollers (excluding free rollers), and any inertia flywheels used, 
measured in kilograms, and P is power, measured in kilowatts. If the 
coast down time is not within the specified tolerance the dynamometer 
must be taken out of service and corrective action must be taken.
    (g) Other checks. In addition to the other periodic checks described 
in this section, those described in paragraphs (g)(1) and (2) of this 
section are also used to verify system performance under the special 
circumstances described therein.
    (1) Gas calibration. (i) Each time the analyzer electronic or 
optical systems are repaired or replaced, a gas calibration is performed 
prior to returning the unit to service.
    (ii) In high-volume stations, monthly multi-point calibrations are 
performed. Low-volume stations must perform multi-point calibrations 
every six months. The calibration curve is checked at 20 percent, 40 
percent, 60 percent, and 80 percent of full scale, and must be adjusted 
or repaired if the specifications in Sec. 85.2225(c)(1) are not met.
    (2) Leak checks. Each time the sample line integrity is broken, a 
leak check is performed prior to testing.

[58 FR 58415, Nov. 1, 1993; 59 FR 33913, July 1, 1994]



Sec. Sec. 85.2234-85.2236  [Reserved]



Sec. 85.2237  Test report--EPA 81.

    (a) Applicability. The requirements of this subsection apply to 
short tests conducted under Emissions Performance Warranty through 
December 31, 1993. The requirements of Sec. 85.2238 apply concurrently 
until December 31, 1993, after which the requirements of

[[Page 140]]

Sec. 85.2238 are solely in effect. The following exceptions apply: In a 
state where the Administrator has approved a SIP revision providing for 
implementation of a basic centralized program meeting the requirements 
of part 51, subpart S of this chapter, according to the schedule 
specified in Sec. 51.373 of this chapter, the requirements of this 
section are concurrently in effect until June 30, 1994, for 1995 and 
earlier model year vehicles or engines; in a state where the 
Administrator has approved a SIP revision providing for implementation 
of an enhanced program meeting the requirements of part 51, subpart S of 
this chapter, according to the schedule specified in Sec. 51.373 of 
this chapter, the requirements of this section are concurrently in 
effect until December 31, 1995, for 1995 and earlier model year vehicles 
or engines.
    (b) Upon failure of a short test, the vehicle's operator or owner 
shall be furnished with a test report containing:
    (1) Vehicle description, including either license plate or 
manufacturer identification number, and odometer readings.
    (2) Date of test.
    (3) Name of individual or organization performing the test and 
location thereof.
    (4) Type of short test performed.
    (5) Test results, exhaust concentrations for each mode measured.
    (c) The test report shall certify that the short test was performed 
in accordance with these regulations and it shall be signed by an 
individual who either performed the test or has actual knowledge of the 
performance of the test.
    (d) For purposes of this section, ``failure of a short test'' means 
that the vehicle exceeded the standards in this subpart or the 
Inspection/Maintenance standards of the jurisdiction, whichever is less 
stringent.

[49 FR 24323, June 12, 1984. Redesignated and amended at 58 FR 58403, 
58416, Nov. 1, 1993]



Sec. 85.2238  Test report--EPA 91.

    (a) Special calendar and model year applicability. The requirements 
of Sec. 85.2237 apply concurrently for tests conducted under Emission 
Performance Warranty on 1995 and earlier model year vehicles or engines 
until December 31, 1993, after which the requirements of this section 
are solely in effect. The following exceptions apply: In a state where 
the Administrator has approved a SIP revision providing for 
implementation of a basic centralized program meeting the requirements 
of part 51, subpart S of this chapter, according to the schedule 
specified in Sec. 51.373 of this chapter, the requirements of Sec. 
85.2237 are concurrently in effect until June 30, 1994 for 1995 and 
earlier model year vehicles or engines; in a state where the 
Administrator has approved a SIP revision providing for implementation 
of an enhanced program meeting the requirements of part 51, subpart S of 
this chapter, according to the schedule specified in Sec. 51.373 of 
this chapter, the requirements of Sec. 85.2237 are concurrently in 
effect until December 31, 1995 for 1995 and earlier model year vehicles 
or engines.
    (b) Upon failure of a short test, the vehicle's owner or operator 
must be furnished with a test report containing the information listed 
in paragraphs (b)(1) through (7) of this section.
    (1) Vehicle description, including license plate number, vehicle 
identification number, weight class, and odometer reading.
    (2) Date and time of test.
    (3) Name or identification number of the individual performing the 
test and the location of the test station and lane.
    (4) Type of emission test performed.
    (5) Applicable emission test standards.
    (6) Test results, including exhaust concentrations for each mode 
measured.
    (i) The reported exhaust concentrations are that pair of passing 
exhaust concentrations or, if none are obtained, that pair of failing 
exhaust concentrations, for which the product of HC+(151*CO) is a 
minimum.
    (ii) If a second-chance test is conducted the reported exhaust 
concentrations are those obtained from the second-chance test.
    (7) A statement indicating the availability of warranty coverage as 
provided in section 207 of the Clean Air Act (42 U.S.C. 7541).

[[Page 141]]

    (c) The test report must certify that the short test was performed 
in accordance with these regulations and, in the case of service station 
based programs, it must be signed by the individual who performed the 
test.

[58 FR 58416, Nov. 1, 1993]



  Subpart X_Determination of Model Year for Motor Vehicles and Engines 
 Used in Motor Vehicles Under Section 177 and Part A of Title II of the 
                              Clean Air Act

    Source: 60 FR 4738, Jan. 24, 1995, unless otherwise noted.



Sec. 85.2301  Applicability.

    The definitions provided by this subpart are effective February 23, 
1995 and apply to all light-duty motor vehicles and trucks, heavy-duty 
motor vehicles and heavy-duty engines used in motor vehicles, and on-
highway motorcycles as such vehicles and engines are regulated under 
section 177 and Title II part A of the Clean Air Act.



Sec. 85.2302  Definition of model year.

    Model year means the manufacturer's annual production period (as 
determined under Sec. 85.2304) which includes January 1 of such 
calendar year, provided, that if the manufacturer has no annual 
production period, the term ``model year'' shall mean the calendar year.



Sec. 85.2303  Duration of model year.

    A specific model year must always include January 1 of the calendar 
year for which it is designated and may not include a January 1 of any 
other calendar year. Thus, the maximum duration of a model year is one 
calendar year plus 364 days.



Sec. 85.2304  Definition of production period.

    (a) The ``annual production period'' for all models within an engine 
family of light-duty motor vehicles, heavy-duty motor vehicles and 
engines, and on-highway motorcycles begins either: when any vehicle or 
engine within the engine family is first produced; or on January 2 of 
the calendar year preceding the year for which the model year is 
designated, whichever date is later. The annual production period ends 
either: When the last such vehicle or engine is produced; or on December 
31 of the calendar year for which the model year is named, whichever 
date is sooner.
    (b) The date when a vehicle or engine is first produced is the ``Job 
1 date,'' which is defined as that calendar date on which a manufacturer 
completes all manufacturing and assembling processes necessary to 
produce the first saleable unit of the designated model which is in all 
material respects the same as the vehicle or engine described in the 
manufacturer's application for certification. The ``Job 1 date'' may be 
a date earlier in time than the date on which the certificate of 
conformity is issued.



Sec. 85.2305  Duration and applicability of certificates of conformity.

    (a) Except as provided in paragraph (b) of this section, a 
certificate of conformity is deemed to be effective and cover the 
vehicles or engines named in such certificate and produced during the 
annual production period, as defined in Sec. 85.2304.
    (b) Section 203 of the Clean Air Act prohibits the sale, offering 
for sale, delivery for introduction into commerce, and introduction into 
commerce, of any new vehicle or engine not covered by a certificate of 
conformity unless it is an imported vehicle exempted by the 
Administrator or otherwise authorized jointly by EPA and U.S. Customs 
Service regulations. However, the Act does not prohibit the production 
of vehicles or engines without a certificate of conformity. Vehicles or 
engines produced prior to the effective date of a certificate of 
conformity, as defined in paragraph (a) of this section, may also be 
covered by the certificate if the following conditions are met:
    (1) The vehicles or engines conform in all material respects to the 
vehicles or engines described in the application for the certificate of 
conformity:
    (2) The vehicles or engines are not sold, offered for sale, 
introduced into

[[Page 142]]

commerce, or delivered for introduction into commerce prior to the 
effective date of the certificate of conformity;
    (3) The Agency is notified prior to the beginning of production when 
such production will start, and the Agency is provided full opportunity 
to inspect and/or test the vehicles during and after their production; 
for example, the Agency must have the opportunity to conduct selective 
enforcement auditing production line testing as if the vehicles had been 
produced after the effective date of the certificate.
    (c) New vehicles or engines imported by an original equipment 
manufacturer after December 31 of the calendar year for which the model 
year was named are still covered by the certificate of conformity as 
long as the production of the vehicle or engine was completed before 
December 31 of that year. This paragraph does not apply to vehicles that 
may be covered by certificates held by independent commercial importers 
unless specifically approved by EPA.
    (d) Vehicles or engines produced after December 31 of the calendar 
year for which the model year is named are not covered by the 
certificate of conformity for that model year. A new certificate of 
conformity demonstrating compliance with currently applicable standards 
must be obtained for these vehicles or engines even if they are 
identical to vehicles or engines built before December 31.
    (e) The extended coverage period described here for a certificate of 
conformity (i.e., up to one year plus 364 days) is primarily intended to 
allow flexibility in the introduction of new models. Under no 
circumstances should it be interpreted that existing models may ``skip'' 
yearly certification by pulling ahead the production of every other 
model year.



   Subpart Y_Fees for the Motor Vehicle and Engine Compliance Program



Sec. 85.2401  Assessment of fees.

    See 40 CFR part 1027 for the applicable fees associated with 
certifying engines, vehicles, and equipment under this chapter.

[73 FR 59178, Oct. 8, 2008]



Sec. Appendixes I-VII to Part 85 [Reserved]



Sec. Appendix VIII to Part 85--Vehicle and Engine Parameters and 
                             Specifications

           a. light duty vehicle parameters and specifications

    I. Basic Engine Parameters-Reciprocating
Engines.
    1. Compression ratio.
    2. Cranking compression pressure.
    3. Valves (intake and exhaust).
    a. Head diameter dimension.
    b. Valve lifter or actuator type and valve lash dimension.
    4. Camshaft timing.
    a. Valve opening (degrees BTDC).
    b. Valve closing (degrees ATDC).
    c. Valve overlap (inch-degrees).
    II. Basic Engine Parameters--Rotary Engines.
    1. Intake port(s).
    a. Timing and overlap if exposed to the combustion chamber.
    2. Exhaust port(s).
    a. Timing and overlap if exposed to the combustion chamber.
    3. Cranking compression pressure.
    4. Compression ratio.
    III. Air Inlet System.
    1. Temperature control system calibration.
    IV. Fuel System.
    1. General.
    a. Engine idle speed.
    b. Engine idle mixture.
    2. Carburetion.
    a. Air-fuel flow calibration.
    b. Transient enrichment system calibration.
    c. Starting enrichment system calibration.
    d. Altitude compensation system calibration.
    e. Hot idle compensation system calibration.
    3. Fuel injection.
    a. Control parameters and calibration.
    b. Fuel shutoff system calibration.
    c. Starting enrichment system calibration.
    d. Transient enrichment system calibration.
    e. Air-fuel flow calibration.
    f. Altitude compensation system calibration.
    g. Operating pressure(s).
    h. Injector timing calibrations.
    V. Injection System.
    1. Control parameters and calibration.
    2. Initial timing setting.
    3. Dwell setting.

[[Page 143]]

    4. Altitude compensation system calibration.
    5. Spark plug voltage.
    VI. Engine Cooling System.
    1. Thermostat calibration.
    VII. Exhaust Emission Control System.
    1. Air injection system.
    a. Control parameters and calibrations.
    b. Pump flow rate.
    2. EGR system.
    a. Control parameters and calibrations.
    b. EGR valve flow calibration.
    3. Catalytic converter system.
    a. Active surface area.
    b. Volume of catalyst.
    c. Conversion efficiency.
    4. Backpressure.
    VIII. Evaporative Emission Control System.
    1. Control parameters and calibrations.
    2. Fuel tank.
    a. Pressure and vacuum relief settings.
    IX. Crankcase Emission Control System.
    1. Control parameters and calibrations.
    2. Valve calibration.
    X. Auxiliary Emission Control Devices (AECD).
    1. Control parameters and calibrations.
    2. Component calibration(s).
    XI. Emission Control Related Warning Systems.
    1. Control parameters and calibrations.
    2. Component calibrations.
    XII. Driveline Parameters.
    1. Axle ratio(s).

       b. heavy duty gasoline engine parameters and specifications

    I. Basic Engine Parameters.
    1. Compression ratio.
    2. Cranking compression pressure.
    3. Supercharger/turbocharger calibration.
    4. Valves (intake and exhaust).
    a. Head diameter dimension.
    b. Valve lifter or actuator type and valve lash dimension.
    5. Camshaft timing.
    a. Valve opening (degrees BTDC).
    b. Valve closing (degrees ATDC).
    c. Valve overlap (inch-degrees).
    II. Air Inlet System.
    1. Temperature control system calibration.
    III. Fuel System.
    1. General.
    a. Engine idle speed.
    b. Engine idle mixture.
    2. Carburetion.
    a. Air-fuel flow calibration.
    b. Transient enrichment system calibration.
    c. Starting enrichment system calibration.
    d. Altitude compensation system calibration.
    e. Hot idle compensation system calibration.
    3. Fuel injection.
    a. Control parameters and calibrations.
    b. Fuel shutoff system calibration.
    c. Starting enrichment system calibration.
    d. Transient enrichment system calibration.
    e. Air-fuel flow calibration.
    f. Altitude compensation system calibration.
    g. Operating pressure(s).
    h. Injector timing calibration.
    IV. Ignition System.
    1. Control parameters and calibration.
    2. Initial timing setting.
    3. Dwell setting.
    4. Altitude compensation system calibration.
    5. Spark plug voltage.
    V. Engine Cooling System.
    1. Thermostat calibration.
    VI. Exhaust Emission Control System.
    1. Air injection system.
    a. Control parameters and calibrations.
    b. Pump flow rate.
    2. EGR system.
    a. Control parameters and calibrations.
    b. EGR valve flow calibration.
    3. Catalytic converter system.
    a. Active surface area.
    b. Volume of catalyst.
    c. Conversion efficiency.
    4. Backpressure.
    VII. Evaporative Emission Control System.
    1. Control parameters and calibrations.
    2. Fuel tank.
    a. Pressure and vacuum relief settings.
    VIII. Crankcase Emission Control System.
    1. Control parameters and calibrations.
    2. Valve calibrations.
    IX. Auxiliary Emission Control Devices (AECD).
    1. Control parameters and calibrations.
    2. Component calibrations.
    X. Emission Control Related Warning Systems.
    1. Control parameters and calibrations.
    2. Component calibrations.

        c. heavy duty diesel engine parameters and specifications

    I. Basic Engine Parameters-Four Stroke Cycle Reciprocating Engines.
    1. Compression ratio.
    2. Cranking compression pressure.
    3. Supercharger/turbocharger calibration.
    4. Valves (intake and exhaust).
    a. Head diameter dimension.
    b. Valve lifter or actuator type and valve lash dimension.
    5. Camshaft timing.
    a. Valve opening (degrees BTDC).
    b. Valve closing (degrees ATDC).
    c. Valve overlap (inch-degrees).
    II. Basic Engine Parameters--Two-Stroke Cycle Reciprocating Engine.
    1.-5. Same as Section C.I.
    6. Intake port(s).
    a. Timing in combustion cycle.

[[Page 144]]

    7. Exhaust port(s).
    a. Timing in combustion cycle.
    III. Air Inlet System.
    1. Temperature control system calibration.
    2. Maximum allowable air inlet restriction.
    IV. Fuel System.
    1. Fuel injection.
    a. Control parameters and calibrations.
    b. Transient enrichment system calibration.
    c. Air-fuel flow calibration.
    d. Altitude compensation system calibration.
    e. Operating pressure(s).
    f. Injector timing calibration.
    V. Exhaust Emission Control System.
    1. Maximum allowable backpressure.
    VI. Crankcase Emission Control System.
    1. Control parameters and calibrations.
    2. Valve calibrations.
    VII. Auxiliary Emission Control Devices (AECD).
    1. Control parameters and calibrations.
    2. Component calibration(s).

[42 FR 28129, June 2, 1977]



PART 86_CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES AND 
ENGINES--Table of Contents




Sec.
86.1 Reference materials.

Subpart A_General Provisions for Emission Regulations for 1977 and 
Later Model Year New Light-Duty Vehicles, Light-Duty Trucks and 

Heavy-Duty Engines, and for 1985 and Later Model Year New Gasoline 
Fueled, Natural Gas-Fueled, Liquefied Petroleum Gas-Fueled and 
Methanol-Fueled Heavy-Duty Vehicles

86.000-2 Definitions.
86.000-3 Abbreviations.
86.000-7 Maintenance of records; submittal of information; right of 
          entry.
86.000-8 Emission standards for 2000 and later model year light-duty 
          vehicles.
86.000-9 Emission standards for 2000 and later model year light-duty 
          trucks.
86.000-15 NOX and particulate averaging, trading, and banking 
          for heavy-duty engines.
86.000-16 Prohibition of defeat devices.
86.000-21 Application for certification.
86.000-23 Required data.
86.000-24 Test vehicles and engines.
86.000-25 Maintenance.
86.000-26 Mileage and service accumulation; emission measurements.
86.000-28 Compliance with emission standards.
86.001-1 General applicability.
86.001-2 Definitions.
86.001-9 Emission standards for 2001 and later model year light-duty 
          trucks.
86.001-21 Application for certification.
86.001-22 Approval of application for certification; test fleet 
          selections; determinations of parameters subject to adjustment 
          for certification and Selective Enforcement Audit, adequacy of 
          limits, and physically adjustable ranges.
86.001-23 Required data.
86.001-24 Test vehicles and engines.
86.001-25 Maintenance.
86.001-26 Mileage and service accumulation; emission measurements.
86.001-28 Compliance with emission standards.
86.001-30 Certification.
86.001-35 Labeling.
86.004-2 Definitions.
86.004-9 Emission standards for 2004 and later model year light-duty 
          trucks.
86.004-11 Emission standards for 2004 and later model year diesel heavy-
          duty engines and vehicles.
86.004-15 NOX plus NMHC and particulate averaging, trading, 
          and banking for heavy-duty engines.
86.004-16 Prohibition of defeat devices.
86.004-21 Application for certification.
86.004-25 Maintenance.
86.004-26 Mileage and service accumulation; emission measurements.
86.004-28 Compliance with emission standards.
86.004-30 Certification.
86.004-38 Maintenance instructions.
86.004-40 Heavy-duty engine rebuilding practices.
86.005-1 General applicability.
86.005-10 Emission standards for 2005 and later model year Otto-cycle 
          heavy-duty engines and vehicles.
86.005-17 On-board diagnostics.
86.007-11 Emission standards and supplemental requirements for 2007 and 
          later model year diesel heavy-duty engines and vehicles.
86.007-15 NOX and particulate averaging, trading, and banking 
          for heavy-duty engines.
86.007-17 On-board Diagnostics for engines used in applications less 
          than or equal to 14,000 pounds GVWR.
86.007-21 Application for certification.
86.007-23 Required data.
86.007-25 Maintenance.
86.007-30 Certification.
86.007-35 Labeling.
86.007-38 Maintenance instructions.
86.008-10 Emission standards for 2008 and later model year Otto-cycle 
          heavy-duty engines and vehicles.
86.010-2 Definitions.
86.010-18 On-board Diagnostics for engines used in applications greater 
          than 14,000 pounds GVWR.
86.010-38 Maintenance instructions.

[[Page 145]]

86.078-3 Abbreviations.
86.078-6 Hearings on certification.
86.079-31 Separate certification.
86.079-32 Addition of a vehicle or engine after certification.
86.079-33 Changes to a vehicle or engine covered by certification.
86.079-36 Submission of vehicle identification numbers.
86.079-39 Submission of maintenance instructions.
86.080-12 Alternative certification procedures.
86.082-2 Definitions.
86.082-34 Alternative procedure for notification of additions and 
          changes.
86.084-2 Definitions.
86.084-4 Section numbering; construction.
86.085-2 Definitions.
86.085-20 Incomplete vehicles, classification.
86.085-37 Production vehicles and engines.
86.087-2 Definitions.
86.087-38 Maintenance instructions.
86.088-2 Definitions.
86.090-2 Definitions.
86.090-3 Abbreviations.
86.090-5 General standards; increase in emissions; unsafe conditions.
86.090-8 Emission standards for 1990 and later model year light-duty 
          vehicles.
86.090-27 Special test procedures.
86.091-2 Definitions.
86.091-7 Maintenance of records; submittal of information; right of 
          entry.
86.091-10 Emission standards for 1991 and later model year Otto-cycle 
          heavy-duty engines and vehicles.
86.091-29 Testing by the Administrator.
86.092-2 Definitions.
86.093-2 Definitions.
86.094-1 General applicability.
86.094-2 Definitions.
86.094-3 Abbreviations.
86.094-7 Maintenance of records; submittal of information; right of 
          entry.
86.094-9 Emission standards for 1994 and later model year light-duty 
          trucks.
86.094-13 Light-duty exhaust durability programs.
86.094-14 Small-volume manufacturers certification procedures.
86.094-15 NOX and particulate averaging, trading, and banking 
          for heavy-duty engines.
86.094-16 Prohibition of defeat devices.
86.094-17 Emission control diagnostic system for 1994 and later light-
          duty vehicles and light-duty trucks.
86.094-21 Application for certification.
86.094-22 Approval of application for certification; test fleet 
          selections; determinations of parameters subject to adjustment 
          for certification and Selective Enforcement Audit, adequacy of 
          limits, and physically adjustable ranges.
86.094-23 Required data.
86.094-25 Maintenance.
86.094-26 Mileage and service accumulation; emission requirements.
86.094-28 Compliance with emission standards.
86.094-30 Certification.
86.095-14 Small-volume manufacturers certification procedures.
86.095-23 Required data.
86.095-26 Mileage and service accumulation; emission measurements.
86.095-30 Certification.
86.095-35 Labeling.
86.096-2 Definitions.
86.096-3 Abbreviations.
86.096-7 Maintenance of records; submittal of information; right of 
          entry.
86.096-8 Emission standards for 1996 and later model year light-duty 
          vehicles.
86.096-9 Emission standards for 1996 and later model year light-duty 
          trucks.
86.096-10 Emission standards for 1996 and later model year Otto-cycle 
          heavy-duty engines and vehicles.
86.096-11 Emission standards for 1996 and later model year diesel heavy-
          duty engines and vehicles.
86.096-14 Small-volume manufacturer certification procedures.
86.096-21 Application for certification.
86.096-23 Required data.
86.096-24 Test vehicles and engines.
86.096-26 Mileage and service accumulation; emission measurements.
86.096-30 Certification.
86.096-35 Labeling.
86.096-38 Maintenance instructions.
86.097-9 Emission standards for 1997 and later model year light-duty 
          trucks.
86.098-2 Definitions.
86.098-3 Abbreviations.
86.098-7 Maintenance of records; submittal of information; right of 
          entry.
86.098-8 Emission standards for 1998 and later model year light-duty 
          vehicles.
86.098-10 Emission standards for 1998 and later model year Otto-cycle 
          heavy-duty engines and vehicles.
86.098-11 Emission standards for 1998 and later model year diesel heavy-
          duty engines and vehicles.
86.098-14 Small-volume manufacturers certification procedures.
86.098-15 NOX and particulate averaging, trading, and banking 
          for heavy-duty engines.
86.098-17 Emission control diagnostic system for 1998 and later light-
          duty vehicles and light-duty trucks.
86.098-21 Application for certification.
86.098-22 Approval of application for certification; test fleet 
          selections; determinations of parameters subject to adjustment 
          for certification and Selective Enforcement Audit, adequacy of 
          limits, and physically adjustable ranges.
86.098-23 Required data.
86.098-24 Test vehicles and engines.

[[Page 146]]

86.098-25 Maintenance.
86.098-26 Mileage and service accumulation; emission measurements.
86.098-28 Compliance with emission standards.
86.098-30 Certification.
86.098-35 Labeling.
86.099-1 General applicability.
86.099-8 Emission standards for 1999 and later model year light-duty 
          vehicles.
86.099-9 Emission standards for 1999 and later model year light-duty 
          trucks.
86.099-10 Emission standards for 1999 and later model year Otto-cycle 
          heavy-duty engines and vehicles.
86.099-11 Emission standards for 1999 and later model year diesel heavy-
          duty engines and vehicles.
86.099-17 Emission control diagnostic system for 1999 and later light-
          duty vehicles and light-duty trucks.
86.099-30 Certification.

Subpart B_Emission Regulations for 1977 and Later Model Year New 
Light-Duty Vehicles and New Light-Duty Trucks and New Otto-Cycle 

Complete Heavy-Duty Vehicles; Test Procedures

86.101 General applicability.
86.102 Definitions.
86.103 Abbreviations.
86.104 Section numbering; construction.
86.105 Introduction; structure of subpart.
86.106-00 Equipment required; overview.
86.106-96 Equipment required; overview.
86.107-96 Sampling and analytical systems; evaporative emissions.
86.107-98 Sampling and analytical system.
86.108-00 Dynamometer.
86.108-79 Dynamometer.
86.109-94 Exhaust gas sampling system; Otto-cycle vehicles not requiring 
          particulate emission measurements.
86.110-90 Exhaust gas sampling system; diesel vehicles.
86.110-94 Exhaust gas sampling system; diesel-cycle vehicles, and Otto-
          cycle vehicles requiring particulate emissions measurements.
86.111-90 Exhaust gas analytical system.
86.111-94 Exhaust gas analytical system.
86.112-91 Weighing chamber (or room) and microgram balance 
          specifications.
86.113-04 Fuel specifications.
86.113-07 Fuel specifications.
86.113-94 Fuel specifications.
86.114-94 Analytical gases.
86.115-00 EPA urban dynamometer driving schedules.
86.115-78 EPA urban dynamometer driving schedule.
86.116-94 Calibrations, frequency and overview.
86.117-96 Evaporative emission enclosure calibrations.
86.118-00 Dynamometer calibrations.
86.118-78 Dynamometer calibration.
86.119-90 CVS calibration.
86.120-94 Gas meter or flow instrumentation calibration; particulate, 
          methanol and formaldehyde measurement.
86.121-90 Hydrocarbon analyzer calibration.
86.122-78 Carbon monoxide analyzer calibration.
86.123-78 Oxides of nitrogen analyzer calibration.
86.124-78 Carbon dioxide analyzer calibration.
86.125-94 Methane analyzer calibration.
86.126-90 Calibration of other equipment.
86.127-00 Test procedures; overview.
86.127-96 Test procedures; overview.
86.128-00 Transmissions.
86.128-79 Transmissions.
86.129-00 Road load power, test weight, and inertia weight class 
          determination.
86.129-80 Road load power, test weight, and inertia weight class 
          determination.
86.129-94 Road load power, test weight, inertia weight class 
          determination, and fuel temperature profile.
86.130-00 Test sequence; general requirements.
86.130-96 Test sequence; general requirements.
86.131-00 Vehicle preparation.
86.131-96 Vehicle preparation.
86.132-00 Vehicle preconditioning.
86.132-96 Vehicle preconditioning.
86.133-96 Diurnal emission test.
86.134-96 Running loss test.
86.135-00 Dynamometer procedure.
86.135-90 Dynamometer procedure.
86.135-94 Dynamometer procedure.
86.136-90 Engine starting and restarting.
86.137-90 Dynamometer test run, gaseous and particulate emissions.
86.137-94 Dynamometer test run, gaseous and particulate emissions.
86.137-96 Dynamometer test run, gaseous and particulate emissions.
86.138-96 Hot soak test.
86.139-90 Particulate filter handling and weighing.
86.140-94 Exhaust sample analysis.
86.142-90 Records required.
86.143-96 Calculations; evaporative emissions.
86.144-94 Calculations; exhaust emissions.
86.145-82 Calculations; particulate emissions.
86.146-96 Fuel dispensing spitback procedure.
86.150-98 Refueling test procedure; overview.
86.151-98 General requirements; refueling test.
86.152-98 Vehicle preparation; refueling test.
86.153-98 Vehicle and canister preconditioning; refueling test.
86.154-98 Measurement procedure; refueling test.
86.155-98 Records required; refueling test.

[[Page 147]]

86.156-98 Calculations; refueling test.
86.157-98 Refueling test procedures for liquefied petroleum gas-fueled 
          vehicles.
86.158-00 Supplemental Federal Test Procedures; overview.
86.158-08 Supplemental Federal Test Procedures; overview.
86.159-00 Exhaust emission test procedures for US06 emissions.
86.159-08 Exhaust emission test procedures for US06 emissions.
86.160-00 Exhaust emission test procedure for SC03 emissions.
86.161-00 Air conditioning environmental test facility ambient 
          requirements.
86.162-00 Approval of alternative air conditioning test simulations and 
          descriptions of AC1 and AC2.
86.162-03 Approval of alternative air conditioning test simulations.
86.163-00 Spot check correlation procedures for vehicles tested using a 
          simulation of the environmental test cell for air conditioning 
          emission testing.
86.164-00 Supplemental Federal Test Procedure calculations.
86.164-08 Supplemental Federal Test Procedure calculations.

 Subpart C_Emission Regulations for 1994 and Later Model Year Gasoline-
  Fueled New Light-Duty Vehicles, New Light-Duty Trucks and New Medium-
        Duty Passenger Vehicles; Cold Temperature Test Procedures

86.201-11 General applicability.
86.201-94 General applicability.
86.202-94 Definitions.
86.203-94 Abbreviations.
86.204-94 Section numbering; construction.
86.205-11 Introduction; structure of this subpart.
86.205-94 Introduction; structure of this subpart.
86.206-11 Equipment required; overview.
86.206-94 Equipment required; overview.
86.207-94 [Reserved]
86.208-94 Dynamometer.
86.209-94 Exhaust gas sampling system; gasoline-fueled vehicles.
86.210-08 Exhaust gas sampling system; Diesel-cycle vehicles not 
          requiring particulate emissions measurements.
86.210-94 [Reserved]
86.211-94 Exhaust gas analytical system.
86.212-94 [Reserved]
86.213-04 Fuel specifications.
86.213-11 Fuel specifications.
86.213-94 Fuel specifications.
86.214-94 Analytical gases.
86.215-94 EPA urban dynamometer driving schedule.
86.216-94 Calibrations, frequency and overview.
86.217-94 [Reserved]
86.218-94 Dynamometer calibration.
86.219-94 CVS calibration.
86.220-94 [Reserved]
86.221-94 Hydrocarbon analyzer calibration.
86.222-94 Carbon monoxide analyzer calibration.
86.223-94 Oxides of nitrogen analyzer calibration.
86.224-94 Carbon dioxide analyzer calibration.
86.225-94 [Reserved]
86.226-94 Calibration of other equipment.
86.227-94 Test procedures; overview.
86.228-94 Transmissions.
86.229-94 Road load force, test weight, and inertia weight class 
          determination.
86.230-11 Test sequence: general requirements.
86.230-94 Test sequence; general requirements.
86.231-94 Vehicle preparation.
86.232-94 Vehicle preconditioning.
86.233-94--86.234-94 [Reserved]
86.235-94 Dynamometer procedure.
86.236-94 Engine starting and restarting.
86.237-08 Dynamometer test run, gaseous emissions.
86.237-94 Dynamometer test run, gaseous emissions.
86.238-94--86.239-94 [Reserved]
86.240-94 Exhaust sample analysis.
86.241-94 [Reserved]
86.242-94 Records required.
86.243-94 [Reserved]
86.244-94 Calculations; exhaust emissions.
86.245-94 [Reserved]
86.246-94 Intermediate temperature testing.

Subpart D_Emission Regulations for New Gasoline-Fueled and Diesel-Fueled 
           Heavy-Duty Engines; Gaseous Exhaust Test Procedures

86.301-79 Scope; applicability.
86.302-79 Definitions.
86.303-79 Abbreviations.
86.304-79 Section numbering; construction.
86.305-79 Introduction; structure of subpart.
86.306-79 Equipment required and specifications; overview.
86.307-82 Fuel specifications.
86.308-79 Gas specifications.
86.309-79 Sampling and analytical system; schematic drawing.
86.310-79 Sampling and analytical system; component specifications.
86.311-79 Miscellaneous equipment; specifications.
86.312-79 Dynamometer and engine equipment specifications.
86.313-79 Air flow measurement specifications; diesel engines.
86.314-79 Fuel flow measurement specifications.
86.315-79 General analyzer specifications.
86.316-79 Carbon monoxide and carbon dioxide analyzer specifications.

[[Page 148]]

86.317-79 Hydrocarbon analyzer specifications.
86.318-79 Oxides of nitrogen analyzer specifications.
86.319-79 Analyzer checks and calibrations; frequency and overview.
86.320-79 Analyzer bench check.
86.321-79 NDIR water rejection ratio check.
86.322-79 NDIR CO2 rejection ratio check.
86.327-79 Quench check; NOX analyzer.
86.328-79 Leak checks.
86.329-79 System response time; check procedure.
86.330-79 NDIR analyzer calibration.
86.331-79 Hydrocarbon analyzer calibration.
86.332-79 Oxides of nitrogen analyzer calibration.
86.333-79 Dynamometer calibration.
86.334-79 Test procedure overview.
86.335-79 Gasoline-fueled engine test cycle.
86.336-79 Diesel engine test cycle.
86.337-79 Information.
86.338-79 Exhaust measurement accuracy.
86.339-79 Pre-test procedures.
86.340-79 Gasoline-fueled engine dynamometer test run.
86.341-79 Diesel engine dynamometer test run.
86.342-79 Post-test procedures.
86.343-79 Chart reading.
86.344-79 Humidity calculations.
86.345-79 Emission calculations.
86.346-79 Alternative NOX measurement technique.
86.347-79 Alternative calculations for diesel engines.
86.348-79 Alternative to fuel H/C analysis.

   Subpart E_Emission Regulations for 1978 and Later New Motorcycles, 
                           General Provisions

86.401-97 General applicability.
86.401-2006 General applicability.
86.402-78 Definitions.
86.402-98 Definitions.
86.403-78 Abbreviations.
86.404-78 Section numbering.
86.405-78 Measurement system.
86.406-78 Introduction, structure of subpart, further information.
86.407-78 Certificate of conformity required.
86.408-78 General standards; increase in emissions; unsafe conditions.
86.409-78 Defeat devices, prohibition.
86.410-90 Emission standards for 1990 and later model year motorcycles.
86.410-2006 Emission standards for 2006 and later model year 
          motorcycles.
86.411-78 Maintenance instructions, vehicle purchaser.
86.412-78 Maintenance instructions, submission to Administrator.
86.413-78 Labeling.
86.413-2006 Labeling.
86.414-78 Submission of vehicle identification number.
86.415-78 Production vehicles.
86.416-80 Application for certification.
86.417-78 Approval of application for certification.
86.418-78 Test fleet selection.
86.419-78 Engine displacement, motorcycle classes.
86.419-2006 Engine displacement, motorcycle classes.
86.420-78 Engine families.
86.421-78 Test fleet.
86.422-78 Administrator's fleet.
86.423-78 Test vehicles.
86.425-78 Test procedures.
86.426-78 Service accumulation.
86.427-78 Emission tests.
86.428-80 Maintenance, scheduled; test vehicles.
86.429-78 Maintenance, unscheduled; test vehicles.
86.430-78 Vehicle failure.
86.431-78 Data submission.
86.432-78 Deterioration factor.
86.434-78 Testing by the Administrator.
86.435-78 Extrapolated emission values.
86.436-78 Additional service accumulation.
86.437-78 Certification.
86.438-78 Amendments to the application.
86.439-78 Alternative procedure for notification of additions and 
          changes.
86.440-78 Maintenance of records.
86.441-78 Right of entry.
86.442-78 Denial, revocation, or suspension of certification.
86.443-78 Request for hearing.
86.444-78 Hearings on certification.
86.445-2006 What temporary provisions address hardship due to unusual 
          circumstances?
86.446-2006 What are the provisions for extending compliance deadlines 
          for small-volume manufacturers under hardship?
86.447-2006 What provisions apply to motorcycle engines below 50 cc that 
          are certified under the Small SI program or the Recreational-
          vehicle program?
86.448-2006 What provisions apply to vehicles certified under the 
          Recreational-vehicle program?
86.449 Averaging provisions.

Subpart F_Emission Regulations for 1978 and Later New Motorcycles, Test 
                               Procedures

86.501-78 Applicability.
86.502-78 Definitions.
86.503-78 Abbreviations.
86.504-78 Section numbering.
86.505-78 Introduction; structure of subpart.
86.505-2004 Introduction; structure of subpart.
86.508-78 Dynamometer.
86.509-90 Exhaust gas sampling system.
86.511-90 Exhaust gas analytical system.
86.513-94 Fuel and engine lubricant specifications.

[[Page 149]]

86.513-2004 Fuel and engine lubricant specifications.
86.514-78 Analytical gases.
86.515-78 EPA urban dynamometer driving schedule.
86.516-90 Calibrations, frequency and overview.
86.518-78 Dynamometer calibration.
86.519-90 Constant volume sampler calibration.
86.521-90 Hydrocarbon analyzer calibration.
86.522-78 Carbon monoxide analyzer calibration.
86.523-78 Oxides of nitrogen analyzer calibration.
86.524-78 Carbon dioxide analyzer calibration.
86.526-90 Calibration of other equipment.
86.527-90 Test procedures, overview.
86.528-78 Transmissions.
86.529-98 Road load force and inertia weight determination.
86.530-78 Test sequence, general requirements.
86.531-78 Vehicle preparation.
86.532-78 Vehicle preconditioning.
86.535-90 Dynamometer procedure.
86.536-78 Engine starting and restarting.
86.537-90 Dynamometer test runs.
86.540-90 Exhaust sample analysis.
86.542-90 Records required.
86.544-90 Calculations; exhaust emissions.

    Authority: 42 U.S.C. 7401-7671q.

    Editorial Note: Nomenclature changes to part 86 appear at 60 FR 
34377, June 30, 1995 and 69 FR 18803, Apr. 9, 2004.



Sec. 86.1  Reference materials.

    (a) The documents in paragraph (b) of this section have been 
incorporated by reference into this part with the approval of the 
Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 
51. To enforce any edition other than that specified in this section, a 
notice of change must be published in the Federal Register and the 
material must be available to the public. All approved material is 
available for inspection at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030 or go to http://www.archives.gov/
federal--register/code--of--federal--regulations/ibr-- locations.html. 
Also, the material is available for inspection at the Air Docket, EPA/
DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. 
The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Air Docket is 202-566-1742. Copies are also available from the sources 
listed below.
    (b) The following paragraphs set forth the material that has been 
incorporated by reference in this part.
    (1) ASTM material. Copies of these materials may be obtained from 
American Society for Testing and Materials, 100 Barr Harbor Drive, West 
Conshohocken, PA 19428-2959, or by calling 610-832-9585, or at http://
www.astm.org.
    (i) ASTM D 975-04c, Standard Specification for Diesel Fuel Oils, IBR 
approved for Sec. Sec. 86.1910, 86.213-11.
    (ii) ASTM D1945-91, Standard Test Method for Analysis of Natural Gas 
by Gas Chromatography, IBR approved for Sec. Sec. 86.113-94, 86.513-94, 
86.1213-94, 86.1313-94.
    (iii) ASTM D2163-91, Standard Test Method for Analysis of Liquefied 
Petroleum (LP) Gases and Propane Concentrates by Gas Chromatography, IBR 
approved for Sec. Sec. 86.113-94, 86.1213-94, 86.1313-94.
    (iv) ASTM D2986-95a, Reapproved 1999, Standard Practice for 
Evaluation of Air Assay Media by the Monodisperse DOP (Dioctyl 
Phthalate) Smoke Test, IBR approved for Sec. Sec. 86.1310-2007.
    (v) ASTM D5186-91, Standard Test Method for Determination of 
Aromatic Content of Diesel Fuels by Supercritical Fluid Chromatography, 
IBR approved for Sec. Sec. 86.113-07, 86.1313-91, 86.1313-94, 86.1313-
98, 1313-2007.
    (vi) ASTM E29-67, Reapproved 1980, Standard Recommended Practice for 
Indicating Which Places of Figures Are To Be Considered Significant in 
Specified Limiting Values, IBR approved for Sec. 86.1105-87.
    (vii) ASTM E29-90, Standard Practice for Using Significant Digits in 
Test Data to Determine Conformance with Specifications, IBR approved for 
Sec. Sec. 86.609-84, 86.609-96, 86.609-97, 86.609-98, 86.1009-84, 
86.1009-96, 86.1442, 86.1708-99, 86.1709-99, 86.1710-99, 86.1728-99.
    (viii) ASTM E29-93a, Standard Practice for Using Significant Digits 
in Test Data to Determine Conformance with Specifications, IBR approved 
for Sec. Sec. 86.098-15, 86.004-15, 86.007-11, 86.007-15,

[[Page 150]]

86.1803-01, 86.1823-01, 86.1824-01, 86.1825-01, 86.1837-01.
    (ix) ASTM F1471-93, Standard Test Method for Air Cleaning 
Performance of a High-Efficiency Particulate Air-Filter System, IBR 
approved Sec. 86.1310-2007.
    (2) SAE material. Copies of these materials may be obtained from 
Society of Automotive Engineers International, 400 Commonwealth Dr., 
Warrendale, PA 15096-0001, or by calling 724-776-4841, or at http://
www.sae.org.
    (i) SAE J1151, December 1991, Methane Measurement Using Gas 
Chromatography, 1994 SAE Handbook--SAE International Cooperative 
Engineering Program, Volume 1: Materials, Fuels, Emissions, and Noise; 
Section 13 and page 170 (13.170), IBR approved for Sec. Sec. 86.111-94; 
86.1311-94.
    (ii) SAE J1349, June 1990, Engine Power Test Code--Spark Ignition 
and Compression Ignition, IBR approved for Sec. Sec. 86.094-8, 86.096-
8.
    (iii) SAE J1850, July 1995, Class B Data Communication Network 
Interface, IBR approved for Sec. Sec. 86.099-17, 86.1806-01.
    (iv) SAE J1850, Revised May 2001, Class B Data Communication Network 
Interface, IBR approved for Sec. Sec. 86.005-17, 86.007-17, 86.1806-04, 
86.1806-05.
    (v) SAE J1877, July 1994, Recommended Practice for Bar-Coded Vehicle 
Identification Number Label, IBR approved for Sec. Sec. 86.095-35, 
86.1806-01.
    (vi) SAE J1892, October 1993, Recommended Practice for Bar-Coded 
Vehicle Emission Configuration Label, IBR approved for Sec. Sec. 
86.095-35, 86.1806-01.
    (vii) SAE J1930, Revised May 1998, Electrical/Electronic Systems 
Diagnostic Terms, Definitions, Abbreviations, and Acronyms, IBR approved 
for Sec. Sec. 86.096-38, 86.004-38, 86.007-38, 86.010-38, 86.1808-01, 
86.1808-07.
    (viii) SAE J1930, Revised April 2002, Electrical/Electronic Systems 
Diagnostic Terms, Definitions, Abbreviations, and Acronyms--Equivalent 
to ISO/TR 15031-2: April 30, 2002, IBR approved for Sec. Sec. 86.005-
17, 86.007-17, 86.010-18, 86.1806-04, 86.1806-05.
    (ix) SAE J1937, November 1989, Engine Testing with Low Temperature 
Charge Air Cooler Systems in a Dynamometer Test Cell, IBR approved for 
Sec. Sec. 86.1330-84, 86.1330-90.
    (x) SAE J1939, Revised October 2007, Recommended Practice for a 
Serial Control and Communications Vehicle Network, IBR approved for 
Sec. Sec. 86.010-18.
    (xi) SAE J1939-11, December 1994, Physical Layer--250K bits/s, 
Shielded Twisted Pair, IBR approved for Sec. Sec. 86.005-17, 86.1806-
05.
    (xii) SAE J1939-11, Revised October 1999, Physical Layer--250K bits/
s, Shielded Twisted Pair, IBR approved for Sec. Sec. 86.005-17, 86.007-
17, 86.1806-04, 86.1806-05.
    (xiii) SAE J1939-13, July 1999, Off-Board Diagnostic Connector, IBR 
approved for Sec. Sec. 86.005-17, 86.007-17, 86.1806-04, 86.1806-05.
    (xiv) SAE J1939-13, Revised March 2004, Off-Board Diagnostic 
Connector, IBR approved for Sec. 86.010-18.
    (xv) SAE J1939-21, July 1994, Data Link Layer, IBR approved for 
Sec. Sec. 86.005-17, 86.1806-05.
    (xvi) SAE J1939-21, Revised April 2001, Data Link Layer, IBR 
approved for Sec. Sec. 86.005-17, 86.007-17, 86.1806-04, 86.1806-05.
    (xvii) SAE J1939-31, Revised December 1997, Network Layer, IBR 
approved for Sec. Sec. 86.005-17, 86.007-17, 86.1806-04, 86.1806-05.
    (xviii) SAE J1939-71, May 1996, Vehicle Application Layer, IBR 
approved for Sec. Sec. 86.005-17, 86.1806-05.
    (xix) SAE J1939-71, Revised August 2002, Vehicle Application Layer--
J1939-71 (through 1999), IBR approved for Sec. Sec. 86.005-17, 86.007-
17, 86.1806-04, 86.1806-05.
    (xx) SAE J1939-71, Revised January 2008, Vehicle Application Layer 
(Through February 2007), IBR approved for Sec. 86.010-38.
    (xxi) SAE J1939-73, February 1996, Application Layer--Diagnostics, 
IBR approved for Sec. Sec. 86.005-17, 86.1806-05.
    (xxii) SAE J1939-73, Revised June 2001, Application Layer--
Diagnostics, IBR approved for Sec. Sec. 86.005-17, 86.007-17, 86.1806-
04, 86.1806-05.
    (xxiii) SAE J1939-73, Revised September 2006, Application Layer--
Diagnostics, IBR approved for Sec. Sec. 86.010-18, 86.010-38.
    (xxiv) SAE J1939-81, July 1997, Recommended Practice for Serial 
Control and Communications Vehicle Network

[[Page 151]]

Part 81--Network Management, IBR approved for Sec. Sec. 86.005-17, 
86.007-17, 86.1806-04, 86.1806-05.
    (xxv) SAE J1939-81, Revised May 2003, Network Management, IBR 
approved for Sec. 86.010-38.
    (xxvi) SAE J1962, January 1995, Diagnostic Connector, IBR approved 
for Sec. Sec. 86.099-17, 86.1806-01.
    (xxvii) SAE J1962, Revised April 2002, Diagnostic Connector 
Equivalent to ISO/DIS 15031-3; December 14, 2001, IBR approved for 
Sec. Sec. 86.005-17, 86.007-17, 86.010-18, 86.1806-04, 86.1806-05.
    (xxviii) SAE J1978, Revised April 2002, OBD II Scan Tool--Equivalent 
to ISO/DIS 15031-4; December 14, 2001, IBR approved for Sec. Sec. 
86.005-17, 86.007-17, 86.010-18, 86.1806-04, 86.1806-05.
    (xxix) SAE J1979, July 1996, E/E Diagnostic Test Modes, IBR approved 
for Sec. Sec. 86.099-17, 86.1806-01.
    (xxx) SAE J1979, Revised September 1997, E/E Diagnostic Test Modes, 
IBR approved for Sec. Sec. 86.096-38, 86.004-38, 86.007-38, 86.010-38, 
86.1808-01, 86.1808-07.
    (xxxi) SAE J1979, Revised April 2002, E/E Diagnostic Test Modes--
Equivalent to ISO/DIS 15031-5; April 30, 2002, IBR approved for 
Sec. Sec. 86.099-17, 86.005-17, 86.007-17, 86.1806-01, 86.1806-04, 
86.1806-05.
    (xxxii) SAE J1979, Revised May 2007, (R) E/E Diagnostic Test Modes, 
IBR approved for Sec. 86.010-18, 86.010-38.
    (xxxiii) SAE J2012, July 1996, Recommended Practice for Diagnostic 
Trouble Code Definitions, IBR approved for Sec. Sec. 86.099-17, 
86.1806-01.
    (xxxiv) SAE J2012, Revised April 2002, (R) Diagnostic Trouble Code 
Definitions Equivalent to ISO/DIS 15031-6: April 30, 2002, IBR approved 
for Sec. Sec. 86.005-17, 86.007-17, 86.010-18, 86.1806-04, 86.1806-05.
    (xxxv) SAE J2284-3, May 2001, High Speed CAN (HSC) for Vehicle 
Applications at 500 KBPS, IBR approved for Sec. Sec. 86.096-38, 86.004-
38, 86.007-38, 86.010-38, 86.1808-01, 86.1808-07.
    (xxxvi) SAE J2403, Revised August 2007, Medium/Heavy-Duty E/E 
Systems Diagnosis Nomenclature--Truck and Bus, IBR approved for 
Sec. Sec. 86.007-17, 86.010-18, 86.010-38, 86.1806-05.
    (xxxvii) SAE J2534, February 2002, Recommended Practice for Pass-
Thru Vehicle Programming, IBR approved for Sec. Sec. 86.096-38, 86.004-
38, 86.007-38, 86.010-38, 86.1808-01, 86.1808-07.
    (xxxviii) SAE J2534-1, Revised December 2004, (R) Recommended 
Practice for Pass-Thru Vehicle Programming, IBR approved for Sec. 
86.010-38.
    (3) ANSI material. Copies of these materials may be obtained from 
the American National Standards Institute, 25 W 43rd Street, 4th Floor, 
New York, NY 10036, or by calling 212-642-4900, or at http://
www.ansi.org.
    (i) ANSI/AGA NGV1-1994, Standard for Compressed Natural Gas Vehicle 
(NGV) Fueling Connection Devices, IBR approved for Sec. Sec. 86.001-9, 
86.004-9, 86.098-8, 86.099-8, 86.099-9, 86.1810-01.
    (ii) [Reserved]
    (4) California regulatory requirements. Copies of these materials 
may be obtained from U.S. EPA, see paragraph (a) of this section, or 
from the California Air Resources Board by calling 916-322-2884, or at 
http://www.arb.ca.gov.
    (i) California Regulatory Requirements Applicable to the ``LEV II'' 
Program, including:
    (A) California Exhaust Emission Standards and Test Procedures for 
2003 and Subsequent Model Zero-Emission Vehicles and 2001 and Subsequent 
Model Hybrid Electric Vehicles, in the Passenger Car, Light-duty Truck 
and Medium-duty Vehicle Classes, August 5, 1999, IBR approved for 
Sec. Sec. 86.1806-01, 86.1811-04, 86.1844-01.
    (B) California Non-Methane Organic Gas Test Procedures, August 5, 
1999, IBR approved for Sec. Sec. 86.1803-01, 86.1810-01, 86.1811-04.
    (ii) California Regulatory Requirements Applicable to the National 
Low Emission Vehicle Program, October 1996, IBR approved for Sec. Sec. 
86.113-04, 86.612-97, 86.1012-97, 86.1702-99, 86.1708-99, 86.1709-99, 
86.1717-99, 86.1735-99, 86.1771-99, 86.1775-99, 86.1776-99, 86.1777-99, 
Appendix XVI, Appendix XVII.
    (iii) California Regulatory Requirements known as On-board 
Diagnostics II (OBD-II), Approved on April 21, 2003, Title 13, 
California Code Regulations, Section 1968.2, Malfunction and Diagnostic 
System Requirements for 2004 and Subsequent Model-Year Passenger Cars, 
Light-Duty Trucks, and Medium-Duty Vehicles and Engines (OBD-II), IBR 
approved for Sec. 86.1806-05.

[[Page 152]]

    (iv) California Regulatory Requirements known as On-board 
Diagnostics II (OBD-II), Approved on November 9, 2007, Title 13, 
California Code Regulations, Section 1968.2, Malfunction and Diagnostic 
System Requirements for 2004 and Subsequent Model-Year Passenger Cars, 
Light-Duty Trucks, and Medium-Duty Vehicles and Engines (OBD-II), IBR 
approved for Sec. Sec. 86.007-17, 86.1806-05.
    (5) ISO material. Copies of these materials may be obtained from the 
International Organization for Standardization, Case Postale 56, CH-1211 
Geneva 20, Switzerland, or by calling 41-22-749-01-11, or at http://
www.iso.org.
    (i) ISO 9141-2, February 1, 1994, Road vehicles--Diagnostic 
systems--Part 2: CARB requirements for interchange of digital 
information, IBR approved for Sec. Sec. 86.099-17, 86.005-17, 86.007-
17, 86.1806-01, 86.1806-04, 86.1806-05.
    (ii) ISO 14230-4:2000(E), June 1, 2000, Road vehicles--Diagnostic 
systems--KWP 2000 requirements for Emission-related systems, IBR 
approved for Sec. Sec. 86.099-17, 86.005-17, 86.007-17, 86.1806-01, 
86.1806-04, 86.1806-05.
    (iii) ISO 15765-4.3:2001, December 14, 2001, Road Vehicles--
Diagnostics on Controller Area Networks (CAN)--Part 4: Requirements for 
emissions-related systems, IBR approved for Sec. Sec. 86.005-17, 
86.007-17, 86.1806-04, 86.1806-05.
    (iv) ISO 15765-4:2005(E), January 15, 2005, Road Vehicles--
Diagnostics on Controller Area Networks (CAN)--Part 4: Requirements for 
emissions-related systems, IBR approved for Sec. Sec. 86.007-17, 
86.010-18, 86.1806-05.
    (6) NIST material. NIST publications are sold by the Government 
Printing Office (GPO) and by the National Technical Information Service 
(NTIS). To purchase a NIST publication you must have the order number. 
Order numbers are available from the NIST Public Inquiries Unit at (301) 
975-NIST. Mailing address: NIST Public Inquiries, NIST, 100 Bureau 
Drive, Stop 3460, Gaithersburg, Md., 20899-3460. If you have a GPO stock 
number, you can purchase printed copies of NIST publications from GPO. 
Orders should be sent to the Superintendent of Documents, U.S. 
Government Printing Office, Washington, DC 20402-9325. For more 
information, or to place an order, call (202) 512-1800, fax: (202) 512-
2250. More information can also be found at http://www.nist.gov.
    (i) NIST Special Publication 811, 1995 Edition, Guide for the Use of 
the International System of Units (SI), IBR approved for Sec. 86.1901.
    (ii) [Reserved]
    (7) Truck and Maintenance Council material. Copies of these 
materials may be obtained from the Truck and Maintenance Council, 950 
North Glebe Road, Suite 210, Arlington, VA 22203-4181, or by calling 
703-838-1754.
    (i) TMC RP 1210B, Revised June 2007, WINDOWSTM 
COMMUNICATION API, IBR approved for Sec. 86.010-38.
    (ii) [Reserved]

[74 FR 8354, Feb. 24, 2009]



Subpart A_General Provisions for Emission Regulations for 1977 and 
Later Model Year New Light-Duty Vehicles, Light-Duty Trucks and 

Heavy-Duty Engines, and for 1985 and Later Model Year New Gasoline 
Fueled, Natural Gas-Fueled, Liquefied Petroleum Gas-Fueled and 
Methanol-Fueled Heavy-Duty Vehicles

    Source: 42 FR 32907, June 28, 1977, unless otherwise noted.



Sec. 86.000-2  Definitions.

    The definitions of Sec. 86.098-2 continue to apply to 1998 and 
later model year vehicles. The definitions listed in this section apply 
beginning with the 2000 model year.
    AC1 means a test procedure as described in Sec. 86.162-00 which 
simulates testing with air conditioning operating in an environmental 
test cell by adding the air conditioning compressor load to the normal 
dynamometer forces.
    AC2 means a test procedure as described in Sec. 86.162-00 which 
simulates testing with air conditioning operating in an environmental 
test cell by adding a heat load to the passenger compartment.
    Alternative fuels means any fuel other than gasoline and diesel 
fuels, such as methanol, ethanol, and gaseous fuels.
    866 Cycle means the test cycle that consists of the last 866 seconds 
(seconds

[[Page 153]]

505 to 1372) of the EPA Urban Dynamometer Driving Schedule, described in 
Sec. 86.115-00 and listed in appendix I, paragraph (a), of this part.
    Environmental test cell means a test cell capable of wind-speed, 
solar thermal load, ambient temperature, and humidity control or 
simulation which meets the requirements of Sec. 86.161-00 for running 
emission tests with the air conditioning operating.
    Federal Test Procedure, or FTP means the test procedure as described 
in Sec. 86.130-00 (a) through (d) and (f) which is designed to measure 
urban driving tail pipe exhaust emissions and evaporative emissions over 
the Urban Dynamometer Driving Schedule as described in appendix I to 
this part.
    505 Cycle means the test cycle that consists of the first 505 
seconds (seconds 1 to 505) of the EPA Urban Dynamometer Driving 
Schedule, described in Sec. 86.115-00 and listed in appendix I, 
paragraph (a), of this part.
    SC03 means the test cycle, described in Sec. 86.160-00 and listed 
in appendix I, paragraph (h), of this part, which is designed to 
represent driving immediately following startup.
    Supplemental FTP, or SFTP means the additional test procedures 
designed to measure emissions during aggressive and microtransient 
driving, as described in Sec. 86.159-00 over the US06 cycle, and also 
the test procedure designed to measure urban driving emissions while the 
vehicle's air conditioning system is operating, as described in Sec. 
86.160-00 over the SC03 cycle.
    US06 means the test cycle, described in Sec. 86.159-00 and listed 
in appendix I, paragraph (g), of this part, which is designed to 
evaluate emissions during aggressive and microtransient driving.

[61 FR 54878, Oct. 22, 1996]



Sec. 86.000-3  Abbreviations.

    The abbreviations in Sec. 86.098-3 continue to apply to 1998 and 
later model year vehicles. The abbreviations in this section apply 
beginning with the 2000 model year:

A/C--Air conditioning
FTP--Federal Test Procedure
SFTP--Supplemental Federal Test Procedure
WOT--Wide Open Throttle

[61 FR 54878, Oct. 22, 1996]



Sec. 86.000-7  Maintenance of records; submittal of information; right 
of entry.

    Section 86.000-7 includes text that specifies requirements that 
differ from Sec. 86.091-7, Sec. 86.094-7 or Sec. 86.096-7. Where a 
paragraph in Sec. 86.091-7, Sec. 86.094-7 or Sec. 86.096-7 is 
identical and applicable to Sec. 86.000-7, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.091-7.'' or ``[Reserved]. For guidance see 
Sec. 86.094-7.'' or ``[Reserved]. For guidance see Sec. 86.096-7.''
    (a) introductory text through (a)(2) [Reserved]. For guidance see 
Sec. 86.091-7.
    (a)(3) [Reserved]. For guidance see Sec. 86.094-7.
    (b)-(c)(2) [Reserved]. For guidance see Sec. 86.091-7.
    (c)(3) [Reserved]. For guidance see Sec. 86.094-7.
    (c)(4)-(d)(1)(v) [Reserved]. For guidance see Sec. 86.091-7.
    (d)(1)(vi)-(d)(2)(iv) [Reserved]. For guidance see Sec. 86.094-7.
    (d)(3)-(g) [Reserved]. For guidance see Sec. 86.091-7.
    (h)(1) The manufacturer (or contractor for the manufacturer, if 
applicable) of any model year 2000 through 2002 light-duty vehicle or 
light light-duty truck or model year 2002 through 2004 heavy light-duty 
truck that is certified shall establish, maintain, and retain the 
following adequately organized and indexed records for each such 
vehicle:
    (i) EPA engine family;
    (ii) Vehicle identification number;
    (iii) Model year and production date;
    (iv) Shipment date;
    (v) Purchaser; and
    (vi) Purchase contract.
    (h)(2)-(h)(5) [Reserved]. For guidance see Sec. 86.094-7.
    (h)(6) Voiding a certificate. (i) EPA may void ab initio a 
certificate for a vehicle certified to Tier 1 certification standards or 
to the respective evaporative and/or refueling test procedure and 
accompanying evaporative and/or refueling standards as set forth or 
otherwise referenced in Sec. 86.000-8, Sec. 86.000-9,

[[Page 154]]

or Sec. 86.098-10 for which the manufacturer fails to retain the 
records required in this section or to provide such information to the 
Administrator upon request.
    (h)(6)(ii)-(h)(7)(vi) [Reserved]. For guidance see Sec. 86.096-7.
    (h)(7)(vii) EPA evaporative/refueling family.

[61 FR 54878, Oct. 22, 1996]



Sec. 86.000-8  Emission standards for 2000 and later model year 
light-duty vehicles.

    Section 86.000-8 includes text that specifies requirements that 
differ from Sec. 86.096-8 or Sec. 86.099-8. Where a paragraph in Sec. 
86.096-8 or Sec. 86.099-8 is identical and applicable to Sec. 86.000-
8, this may be indicated by specifying the corresponding paragraph and 
the statement ``[Reserved]. For guidance see Sec. 86.096-8.'' or 
``[Reserved]. For guidance see Sec. 86.099-8.''
    (a)(1) introductory text through (a)(1)(ii)(B) [Reserved]. For 
guidance see Sec. 86.096-8.
    (a)(1)(iii)-(b)(4) [Reserved]. For guidance see Sec. 86.099-8.
    (b)(5) [Reserved]. For guidance see Sec. 86.096-8.
    (b)(6) [Reserved]. For guidance see Sec. 86.099-8.
    (c) [Reserved]. For guidance see Sec. 86.096-8.
    (d) [Reserved]. For guidance see Sec. 86.099-8.
    (e) SFTP dtandards. (1) Exhaust emissions from 2000 and later model 
year light-duty vehicles shall meet the additional SFTP standards of 
table A00-2 (defined by useful life, fuel type, and test type) according 
to the implementation schedule in table A00-1. The standards set forth 
in table A00-2 refer to exhaust emissions emitted over the Supplemental 
Federal Test Procedure (SFTP) as set forth in subpart B of this part and 
collected and calculated in accordance with those procedures. Compliance 
with these standards are an additional requirement to the required 
compliance with Tier 1 standards as defined in Sec. Sec. 86.096-8 
(a)(1) introductory text through (a)(1)(ii)(B) and 86.099-8 (a)(1)(iii)-
(a)(3):

    Table A00-1--Implementation Schedule for Light-Duty Vehicles for
                            (NMHC=NOX) and CO
------------------------------------------------------------------------
                         Model year                           Percentage
------------------------------------------------------------------------
2000.......................................................           40
2001.......................................................           80
2002.......................................................          100
------------------------------------------------------------------------


             Table A00-2--Useful Life Standards (G/MI) for Light-Duty Vehicles for (NMHC=NOX) and CO
----------------------------------------------------------------------------------------------------------------
                                                                                             CO
                                                                NMHC=NOX  --------------------------------------
           Useful life                     Fuel type           composite                              Composite
                                                                             A/C test    US06 test      option
----------------------------------------------------------------------------------------------------------------
Intermediate.....................  Gasoline.................         0.65          3.0          9.0          3.4
                                   Diesel...................         1.48           NA          9.0          3.4
Full.............................  Gasoline.................         0.91          3.7         11.1          4.2
                                   Diesel...................         2.07           NA         11.1          4.2
----------------------------------------------------------------------------------------------------------------

    (i) A minimum of the percentage shown in table A00-1 of a 
manufacturer's sales of the applicable model year's light-duty vehicles 
shall not exceed the applicable SFTP standards in table A00-2 when 
tested under the procedures in subpart B of this part indicated for 2000 
and later model year light-duty vehicles.
    (ii) Optionally, a minimum of the percentage shown in table A00-1 of 
a manufacturer's combined sales of the applicable model year's light-
duty vehicles and light light-duty trucks shall not exceed the 
applicable SFTP standards. Under this option, the light-duty vehicles 
shall not exceed the applicable SFTP standards in table A00-2, and the 
light light-duty trucks shall not exceed the applicable SFTP standards 
in table A00-4 of Sec. 86.000-9.
    (iii) Sales percentages for the purposes of determining compliance 
with this paragraph (e)(1) shall be based on total actual U.S. sales of 
light-duty vehicles of the applicable model year by

[[Page 155]]

a manufacturer to a dealer, distributor, fleet operator, broker, or any 
other entity which comprises the point of first sale. If the option of 
paragraph (e)(1)(ii) of this section is taken, such sales percentages 
shall be based on the total actual combined U.S. sales of light-duty 
vehicles and light light-duty trucks of the applicable model year by a 
manufacturer to a dealer, distributor, fleet operator, broker, or any 
other entity which comprises the point of first sale.
    (iv) The manufacturer may petition the Administrator to allow actual 
volume produced for U.S. sale to be used in lieu of actual U.S. sales 
for purposes of determining compliance with the implementation schedule 
sales percentages of table A00-1. Such petition shall be submitted 
within 30 days of the end of the model year to the Vehicle Programs and 
Compliance Division. For the petition to be granted, the manufacturer 
must establish to the satisfaction of the Administrator that actual 
production volume is functionally equivalent to actual sales volume.
    (2) These SFTP standards do not apply to vehicles certified on 
alternative fuels, but the standards do apply to the gasoline and diesel 
fuel operation of flexible fuel vehicles and dual fuel vehicles.
    (3) These SFTP standards do not apply to vehicles tested at high 
altitude.
    (4) The air to fuel ratio shall not be richer at any time than the 
leanest air to fuel mixture required to obtain maximum torque (lean best 
torque), plus a tolerance of six (6) percent. The Administrator may 
approve a manufacturer's request for additional enrichment if it can be 
shown that additional enrichment is needed to protect the engine or 
emissions control hardware.
    (5) The requirement to use a single roll dynamometer (or a 
dynamometer which produces equivalent results), discussed in Sec. Sec. 
86.108-00, 86.118-00, and 86.129-00, applies to all SFTP and FTP test 
elements as set forth in subpart B of this part for families which are 
designated as SFTP compliant under the implementation schedule in table 
A00-1.
    (6) Small volume manufacturers, as defined in Sec. 86.094-14(b)(1) 
and (2), are exempt from the requirements of this paragraph (e) until 
model year 2002, when 100 percent compliance with the standards of this 
paragraph (e) is required. This exemption does not apply to small volume 
engine families as defined in Sec. 86.094-14(b)(5).
    (7) The manufacturer must state at the time of Application for 
Certification, based on projected U.S. sales or projected production for 
U.S. sale, which families will be used to attain the required 
implementation schedule sales percentages for certification purposes.
    (8) A manufacturer cannot use one set of engine families to meet its 
intermediate useful life standards and another to meet its full useful 
life standards. The same families which are used to meet the 
intermediate useful life standards will be required without deviation to 
meet the corresponding full useful life standards.
    (9) Compliance with composite standards shall be demonstrated using 
the calculations set forth in Sec. 86.164-00.
    (f) [Reserved]
    (g)-(k) [Reserved]. For guidance see Sec. 86.096-8.

[61 FR 54878, Oct. 22, 1996]



Sec. 86.000-9  Emission standards for 2000 and later model year 
light-duty trucks.

    Section 86.000-9 includes text that specifies requirements that 
differ from Sec. 86.097-9 or Sec. 86.099-9. Where a paragraph in Sec. 
86.097-9 or Sec. 86.099-9 is identical and applicable to Sec. 86.000-
9, this may be indicated by specifying the corresponding paragraph and 
the statement ``[Reserved]. For guidance see Sec. 86.097-9.'' or 
``[Reserved]. For guidance see Sec. 86.099-9.''
    (a)(1) introductory text through (a)(1)(iii) [Reserved]. For 
guidance see Sec. 86.097-9.
    (a)(1)(iv)-(b)(4) [Reserved]. For guidance see Sec. 86.099-9.
    (b)(5) [Reserved]
    (c) [Reserved]. For guidance see Sec. 86.097-9.
    (d) [Reserved]
    (e) SFTP Standards. (1) Light light-duty trucks. (i) Exhaust 
emissions from 2000 and later model year light light-duty trucks shall 
meet the additional SFTP standards of table A00-4 (defined by useful 
life, fuel type, truck

[[Page 156]]

type, loaded vehicle weight (LVW), and test type) according to the 
implementation schedule in table A00-3. The standards set forth in table 
A00-4 refer to exhaust emissions emitted over the Supplemental Federal 
Test Procedure (SFTP) as set forth in subpart B of this part and 
collected and calculated in accordance with those procedures. Compliance 
with these standards are an additional requirement to the required 
compliance with Tier 1 standards as defined in Sec. Sec. 86.097-9(a)(1) 
introductory text through (a)(1)(iii) and 86.099-9(a)(1)(iv)-(a)(3):

  Table A00-3--Implementation Schedule for Light Light-Duty Trucks for
                            (NMHC+NOX) and CO
------------------------------------------------------------------------
                         Model year                           Percentage
------------------------------------------------------------------------
2000.......................................................           40
2001.......................................................           80
2002.......................................................          100
------------------------------------------------------------------------


                               Table A00-4--Useful Life Standards (G/MI) for Light Light-Duty Trucks for (NMHC+NOX) and CO
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                      CO
                                                                                                           NMHC+NOX  -----------------------------------
              Useful life                       Fuel type                  Truck type          LVW (lbs)   Composite                           Composite
                                                                                                                       A/C test    US06 test    option
--------------------------------------------------------------------------------------------------------------------------------------------------------
Intermediate..........................  Gasoline.................  LDT1.....................      0-3750        0.65         3.0         9.0         3.4
                                                                   LDT2.....................   3751-5750        1.02         3.9        11.6         4.4
                                        Diesel...................  LDT1.....................      0-3750        1.48          NA         9.0         3.4
                                                                   LDT2.....................   3751-5750          NA          NA          NA          NA
Full..................................  Gasoline.................  LDT1.....................      0-3750        0.91         3.7        11.1         4.2
                                                                   LDT2.....................   3751-5750        1.37         4.9        14.6         5.5
                                        Diesel...................  LDT1.....................      0-3750        2.07          NA        11.1         4.2
                                                                   LDT2.....................   3751-5750          NA          NA          NA          NA
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (A) A minimum of the percentage shown in table A00-3 of a 
manufacturer's sales of the applicable model year's light light-duty 
trucks shall not exceed the applicable SFTP standards in table A00-4 
when tested under the procedures in subpart B of this part indicated for 
2000 and later model year light light-duty trucks.
    (B) Optionally, a minimum of the percentage shown in table A00-3 of 
a manufacturer's combined sales of the applicable model year's light-
duty vehicles and light light-duty trucks shall not exceed the 
applicable SFTP standards. Under this option, the light-duty vehicles 
shall not exceed the applicable SFTP standards in table A00-2 of Sec. 
86.000-8, and the light light-duty trucks shall not exceed the 
applicable SFTP standards in table A00-4.
    (C) Sales percentages for the purposes of determining compliance 
with paragraph (e)(1)(i)(A) of this section shall be based on total 
actual U.S. sales of light light-duty trucks of the applicable model 
year by a manufacturer to a dealer, distributor, fleet operator, broker, 
or any other entity which comprises the point of first sale. If the 
option of Sec. 86.097-9(a)(1)(i)(B) is taken, such sales percentages 
shall be based on the total actual combined U.S. sales of light-duty 
vehicles and light light-duty trucks of the applicable model year by a 
manufacturer to a dealer, distributor, fleet operator, broker, or any 
other entity which comprises the point of first sale.
    (D) The manufacturer may petition the Administrator to allow actual 
volume produced for U.S. sale to be used in lieu of actual U.S. sales 
for purposes of determining compliance with the implementation schedule 
sales percentages of table A000-3. Such petition shall be submitted 
within 30 days of the end of the model year to the Vehicle Programs and 
Compliance Division. For the petition to be granted, the manufacturer 
must establish to the satisfaction of the Administrator that actual 
production volume is functionally equivalent to actual sales volume.
    (ii) These SFTP standards do not apply to light light-duty trucks 
certified on alternative fuels, but the standards do apply to the 
gasoline and diesel fuel operation of flexible fuel vehicles and dual 
fuel vehicles.

[[Page 157]]

    (iii) These SFTP standards do not apply to light light-duty trucks 
tested at high altitude.
    (iv) The air to fuel ratio shall not be richer at any time than the 
leanest air to fuel mixture required to obtain maximum torque (lean best 
torque), plus a tolerance of six (6) percent. The Administrator may 
approve a manufacturer's request for additional enrichment if it can be 
shown that additional enrichment is needed to protect the engine or 
emissions control hardware.
    (v) The requirement to use a single roll dynamometer (or a 
dynamometer which produces equivalent results), discussed in Sec. Sec. 
86.108-00, 86.118-00, and 86.129-00, applies to all SFTP and FTP test 
elements as set forth in subpart B of this part for engine families 
which are designated as SFTP compliant under the implementation schedule 
in table A00-3.
    (vi) Small volume manufacturers, as defined in Sec. 86.094-14(b) 
(1) and (2), are exempt from the requirements of this paragraph (e) 
until model year 2002, when 100 percent compliance with the standards of 
this paragraph (e) is required. This exemption does not apply to small 
volume engine families as defined in Sec. 86.094-14(b)(5).
    (vii) The manufacturer must state at the time of Application for 
Certification, based on projected U.S. sales or projected production for 
U.S. sale, which engine families will be used to attain the required 
implementation schedule sales percentages for certification purposes.
    (viii) A manufacturer cannot use one set of engine families to meet 
its intermediate useful life standards and another to meet its full 
useful life standards. The same engine families which are used to meet 
the intermediate useful life standards will be required without 
deviation to meet the corresponding full useful life standards.
    (ix) Compliance with composite standards shall be demonstrated using 
the calculations set forth in Sec. 86.164-00.
    (2) Heavy light-duty trucks. (i) Exhaust emissions from 2002 and 
later model year heavy light-duty trucks shall meet the SFTP standards 
of table A00-6 (defined by useful life, fuel type, truck type, adjusted 
loaded vehicle weight (ALVW), and test type) according to the 
implementation schedule in table A00-5. The standards set forth in table 
A00-6 refer to exhaust emissions emitted over the Supplemental Federal 
Test Procedure (SFTP) as set forth in subpart B of this part and 
collected and calculated in accordance with those procedures. Compliance 
with these standards are an additional requirement to the required 
compliance with Tier 1 standards as defined in Sec. Sec. 86.097-9(a)(1) 
introductory text through (a)(1)(iii) and 86.099-9(a)(1)(iv)-(a)(3):

  Table A00-5--Implementation Schedule for Heavy Light-Duty Trucks for
                            (NMHC+NOX) and CO
------------------------------------------------------------------------
                         Model year                           Percentage
------------------------------------------------------------------------
2002.......................................................           40
2003.......................................................           80
2004.......................................................          100
------------------------------------------------------------------------


                               Table A00-6--Useful Life Standards (G/MI) for Heavy Light-Duty Trucks for (NMHC+NOX) and CO
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                      CO
                                                                                                           NMHC+NOX  -----------------------------------
              Useful life                       Fuel type                  Truck type         ALVW (lbs)   composite                           Composite
                                                                                                                       A/C test    US06 test    option
--------------------------------------------------------------------------------------------------------------------------------------------------------
Intermediate..........................  Gasoline.................  LDT3.....................   3751-5750        1.02         3.9        11.6         4.4
                                                                   LDT4.....................  5750
                                        Diesel...................  LDT3.....................   3751-5750          NA          NA          NA          NA
                                                                   LDT4.....................  5750
Full..................................  Gasoline.................  LDT3.....................   3751-5750        1.44         5.6        16.9         6.4
                                                                   LDT4.....................  5750
                                        Diesel...................  LDT3.....................   3751-5750          NA          NA          NA          NA
                                                                   LDT4.....................  5750
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (A) A minimum of the percentage shown in table A00-5 of a 
manufacturer's sales of the applicable model year's

[[Page 158]]

heavy light-duty trucks shall not exceed the applicable SFTP standards 
in table A00-6 when tested under the procedures in subpart B of this 
part indicated for 2002 and later model year heavy light-duty trucks.
    (B) Sales percentages for the purposes of determining compliance 
with paragraph (e)(1)(ii)(A) of this section shall be based on total 
actual U.S. sales of heavy light-duty trucks of the applicable model 
year by a manufacturer to a dealer, distributor, fleet operator, broker, 
or any other entity which comprises the point of first sale.
    (C) The manufacturer may petition the Administrator to allow actual 
volume produced for U.S. sale to be used in lieu of actual U.S. sales 
for purposes of determining compliance with the implementation schedule 
sales percentages of table A00-5. Such petition shall be submitted 
within 30 days of the end of the model year to the Vehicle Programs and 
Compliance Division. For the petition to be granted, the manufacturer 
must establish to the satisfaction of the Administrator that actual 
production volume is functionally equivalent to actual sales volume.
    (ii) These SFTP standards do not apply to heavy light-duty trucks 
certified on alternative fuels, but the standards do apply to the 
gasoline fuel operation of flexible fuel vehicles and dual fuel 
vehicles.
    (iii) These SFTP standards do not apply to heavy light-duty trucks 
tested at high altitude.
    (iv) The air to fuel ratio shall not be richer at any time than the 
leanest air to fuel mixture required to obtain maximum torque (lean best 
torque), plus a tolerance of six (6) percent. The Administrator may 
approve a manufacturer's request for additional enrichment if it can be 
shown that additional enrichment is needed to protect the engine of 
emissions control hardware.
    (v) The requirement to use a single roll dynamometer (or a 
dynamometer which produces equivalent results), discussed in Sec. Sec. 
86.108-00, 86.118-00, and 86.129-00, applies to all SFTP and FTP test 
elements for families which are designated as SFTP compliant under the 
implementation schedule in table A00-5.
    (vi) Small volume manufacturers, as defined in Sec. 86.094-14(b) 
(1) and (2), are exempt from the requirements of paragraph (e) of this 
section until model year 2004, when 100 percent compliance with the 
standards of this paragraph (e) is required. This exemption does not 
apply to small volume engine families as defined in Sec. 86.094-
14(b)(5).
    (vii) The manufacturer must state at the time of Application for 
Certification, based on projected U.S. sales or projected production for 
U.S. sale, which families will be used to attain the required 
implementation schedule sales percentages for certification purposes.
    (viii) A manufacturer cannot use one set of engine families to meet 
its intermediate useful life standards and another to meet its full 
useful life standards. The same families which are used to meet the 
intermediate useful life standards will be required without deviation to 
meet the corresponding full useful life standard.
    (ix) The NOX averaging program is not applicable for 
determining compliance with the standards of table A00-6.
    (x) Compliance with composite standards shall be demonstrated using 
the calculations set forth in Sec. 86.164-00.
    (f) [Reserved]
    (g)-(k) [Reserved]. For guidance see Sec. 86.097-9.

[61 FR 54879, Oct. 22, 1996]



Sec. 86.000-15  NOX and particulate averaging, trading, and banking 
for heavy-duty engines.

    Section 86.000-15 includes text that specifies requirements that 
differ from Sec. 86.094-15 or Sec. 86.098-15. Where a paragraph in 
Sec. 86.094-15 or Sec. 86.098-15 is identical and applicable to Sec. 
86.000-15, this may be indicated by specifying the corresponding 
paragraph and the statement ``[Reserved]. For guidance see Sec. 86.094-
15.'' or ``[Reserved]. For guidance see Sec. 86.098-15.''.
    (a)(1) Heavy-duty engines eligible for NOX and 
particulate averaging, trading and banking programs are described in the 
applicable emission standards sections in this subpart. All heavy-duty 
engine families which include any engines labeled for use in clean-fuel 
vehicles as specified in 40 CFR part 88 are not eligible for these 
programs. For

[[Page 159]]

manufacturers selecting Option 1 Otto-cycle engine standards contained 
in Sec. 86.005-10(f)(1), the ABT program requirements in Sec. 86.004-
15 apply for 2003 model year Otto-cycle engines, rather than the 
provisions contained in this Sec. 86.000-15. Participation in these 
programs is voluntary.
    (a)(2)-(b) [Reserved]. For guidance see Sec. 86.094-15.
    (c) [Reserved]. For guidance see Sec. 86.098-15.
    (d)-(i) [Reserved]. For guidance see Sec. 86.094-15.
    (j) Optional program for early banking for diesel engines. 
Provisions set forth in Sec. Sec. 86.094-15 (a), (b), (d)-(i), and 
86.098-15 (c) apply except as specifically stated otherwise in Sec. 
86.098-15 (j)(1)-(j)(3)(iii).
    (j)(1)-(j)(3)(iii) [Reserved]. For guidance see Sec. 86.098-15.
    (k) Optional program for early banking for Otto-cycle engines. 
Provisions set forth in Sec. Sec. 86.094-15(a), (b), (d)-(i), and 
86.098-15(c) apply except as specifically stated otherwise in this 
paragraph (k).
    (1) To be eligible for the optional program described in this 
paragraph (k), the following must apply:
    (i) Credits are generated from Otto-cycle heavy-duty engines which 
have been certified using certification durability demonstration 
procedures which meet the criteria contained in Sec. 86.004-26 and with 
deterioration factors calculated in accordance with Sec. 86.004-28.
    (ii) During certification, the manufacturer shall declare its intent 
to include specific engine families in the program described in this 
paragraph. Separate declarations are required for each program and no 
engine families may be included in both programs in the same model year.
    (2) Credit generation and use. (i) Credits shall only be generated 
by 2000 and later model year engine families.
    (ii) Except as provided in paragraph (k)(2)(iii) of this section, 
credits generated under this paragraph (k) may only be used for 2003 and 
later model year heavy-duty Otto-cycle engines subject to NOX 
or NOX plus NMHC standards more stringent than 4.0 g/bhp-hr. 
When used with 2003 and later model year engines, NOX credits 
may be used to meet an applicable NOX plus NMHC standard, 
except as otherwise provided in Sec. 86.004-10(a)(1)(i)(C).
    (iii) If a manufacturer chooses to use credits generated under this 
paragraph (k) for engine families subject to the NOX standard 
contained in Sec. 86.098-10 (4.0 g/bhp-hr) the averaging, trading, and 
banking of such credits shall be governed by the program provided in 
Sec. Sec. 86.094-15(a), (b), (d)-(i) and 86.098-15(c) and shall be 
subject to all discounting, credit life limits and all other provisions 
contained in Sec. Sec. 86.094-15(a), (b), (d)-(i) and 86.098-15(c). In 
the case where the manufacturer can demonstrate that the credits were 
discounted under the program provided in this paragraph (k), that 
discount may be accounted for in the calculation of credits described in 
Sec. 86.098-15(c).
    (iv) For NOX credits generated under this paragraph (k), 
a Std value of 2.0 grams per brake horsepower-hour shall be used in 
place of the current and applicable NOX standard in the 
credit availability equation in Sec. 86.098-15(c)(1).
    (3) Program flexibilities. (i) NOX credits that are 
banked under this paragraph (k) and not used as provided by paragraph 
(k)(2)(iii) of this section may be used without being forfeited due to 
credit age. The requirement in this paragraph (k)(3) applies instead of 
the requirements in Sec. 86.094-15(f)(2)(i).
    (ii) There are no regional category restraints for averaging, 
trading, and banking of credits generated under the program described in 
this paragraph (k) except if they are used under paragraph (k)(2)(iii) 
of this section. This applies instead of the regional category 
provisions described in the introductory text of Sec. 86.094-15(d) and 
(e).
    (iii) Credit discounting. (A) For NOX credits generated 
under this paragraph (k) from engine families with NOX FELs 
greater than 1.0 grams per brake horsepower-hour for oxides of nitrogen, 
a Discount value of 0.9 shall be used instead of 0.8 in the credit 
availability equation in Sec. 86.098-15(c)(1).
    (B) For NOX credits generated under this paragraph (k) 
from engine families with NOX FELs less than or equal to 1.0 
grams per brake horsepower-hour for oxides of nitrogen, a Discount value 
of 1.0 shall be used in place of 0.8 in the credit availability equation 
in Sec. 86.098-15 (c)(1).

[[Page 160]]

    (4) 2003 model year. Manufacturers selecting Option 1, described in 
Sec. 86.005-10(f)(1), may not generate or bank early credits under this 
paragraph (k) for the 2003 model year. Credit generation and banking 
provisions contained in Sec. 86.004-15 apply for the 2003 model year.
    (l) Credit apportionment. At the manufacturer's option, credits 
generated under the provisions described in paragraph (j) or (k) of this 
section may be sold to or otherwise provided to another party for use in 
programs other than the averaging, trading and banking program described 
in this section.
    (1) The manufacturer shall pre-identify two emission levels per 
engine family for the purposes of credit apportionment. One emission 
level shall be the FEL and the other shall be the level of the standard 
that the engine family is required to certify to under Sec. 86.098-10 
or Sec. 86.098-11, as applicable. For each engine family, the 
manufacturer may report engine sales in two categories, ``ABT-only 
credits'' and ``non-manufacturer-owned credits.''
    (i) For engine sales reported as ``ABT-only credits'', the credits 
generated must be used solely in the ABT program described in this 
section.
    (ii) The engine manufacturer may declare a portion of engine sales 
``non-manufacturer-owned credits'' and this portion of the credits 
generated between the standard and the FEL, based on the calculation in 
Sec. 86.098-15(c)(1), would belong to another party. For ABT, the 
manufacturer may not generate any credits for the engine sales reported 
as ``non-manufacturer-owned credits.'' Engines reported as ``non-
manufacturer-owned credits'' shall comply with the FEL and the 
requirements of the ABT program in all other respects.
    (2) Only manufacturer-owned credits reported as ``ABT-only credits'' 
shall be used in the averaging, trading, and banking provisions 
described in this section.
    (3) Credits shall not be double-counted. Credits used in the ABT 
program may not be provided to an engine purchaser for use in another 
program.
    (4) Manufacturers shall determine and state the number of engines 
sold as ``ABT-only credits'' and ``non-manufacturer-owned credits'' in 
the end-of-model year reports required under Sec. 86.098-23.

[65 FR 59944, Oct. 6, 2000]



Sec. 86.000-16  Prohibition of defeat devices.

    Section 86.000-16 includes text that specifies requirements that 
differ from Sec. 86.094-16. Where a paragraph in Sec. 86.094-16 is 
identical and applicable to Sec. 86.000-16, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.094-16.''
    (a) No new light-duty vehicle, light-duty truck, heavy-duty vehicle, 
or heavy-duty engine shall be equipped with a defeat device.
    (b) The Administrator may test or require testing on any vehicle or 
engine at a designated location, using driving cycles and conditions 
which may reasonably be expected to be encountered in normal operation 
and use, for the purpose of investigating a potential defeat device.
    (c) [Reserved]. For guidance see Sec. 86.094-16.
    (d) For vehicle and engine designs designated by the Administrator 
to be investigated for possible defeat devices:
    (1) The manufacturer must show to the satisfaction of the 
Administrator that the vehicle or engine design does not incorporate 
strategies that unnecessarily reduce emission control effectiveness 
exhibited during the Federal emissions test procedure when the vehicle 
or engine is operated under conditions which may reasonably be expected 
to be encountered in normal operation and use.
    (d)(2)-(d)(2)(ii) [Reserved]. For guidance see Sec. 86.094-16.

[61 FR 54881, Oct. 22, 1996, as amended at 65 FR 59945, Oct. 6, 2000]



Sec. 86.000-21  Application for certification.

    Section 86.000-21 includes text that specifies requirements that 
differ from Sec. 86.094-21, Sec. 86.096-21 or Sec. 86.098-21. Where a 
paragraph in Sec. 86.094-21, Sec. 86.096-21 or Sec. 86.098-21 is 
identical and applicable to Sec. 86.000-21, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see

[[Page 161]]

Sec. 86.094-21.'' or ``[Reserved]. For guidance see Sec. 86.096-21.'' 
or ``[Reserved]. For guidance see Sec. 86.098-21.''
    (a)-(b)(1)(i)(B) [Reserved]. For guidance see Sec. 86.094-21.
    (b)(1)(i)(C) The manufacturer must submit a Statement of Compliance 
in the application for certification which attests to the fact that they 
have assured themselves that the engine family is designed to comply 
with the intermediate temperature cold testing criteria of subpart C of 
this part, and does not unnecessarily reduce emission control 
effectiveness of vehicles operating at high altitude or other conditions 
not experienced within the US06 (aggressive driving) and SC03 (air 
conditioning) test cycles.
    (b)(1)(i)(C)(1)-(b)(1)(ii)(C) [Reserved]. For guidance see Sec. 
86.094-21.
    (b)(2) Projected U.S. sales data sufficient to enable the 
Administrator to select a test fleet representative of the vehicles (or 
engines) for which certification is requested, and data sufficient to 
determine projected compliance with the standards implementation 
schedules of Sec. Sec. 86.000-8 and 86.000-9. Volume projected to be 
produced for U.S. sale may be used in lieu of projected U.S. sales.
    (b)(3) A description of the test equipment and fuel proposed to be 
used.
    (b)(4)(i) [Reserved]. For guidance see Sec. 86.098-21.
    (b)(4)(ii)-(b)(5)(iv) [Reserved]. For guidance see Sec. 86.094-21.
    (b)(5)(v) [Reserved]. For guidance see Sec. 86.098-21.
    (b)(6)-(b)(8) [Reserved]. For guidance see Sec. 86.094-21.
    (b)(9)-(b)(10)(iii) [Reserved]. For guidance see Sec. 86.098-21.
    (c)-(j) [Reserved]. For guidance see Sec. 86.094-21.
    (k) and (l) [Reserved]. For guidance see Sec. 86.096-21.

[61 FR 54882, Oct. 22, 1996]



Sec. 86.000-23  Required data.

    Section 86.000-23 includes text that specifies requirements that 
differ from Sec. 86.095-23 or Sec. 86.098-23. Where a paragraph in 
Sec. 86.095-23 or Sec. 86.098-23 is identical and applicable to Sec. 
86.000-23, this may be indicated by specifying the corresponding 
paragraph and the statement ``[Reserved]. For guidance see Sec. 86.095-
23.'' or ``[Reserved]. For guidance see Sec. 86.098-23.''
    (a)-(b)(1)(ii) [Reserved]. For guidance see Sec. 86.095-23.
    (b)(2) [Reserved]. For guidance see Sec. 86.098-23.
    (b)(3)-(b)(4)(ii) [Reserved]. For guidance see Sec. 86.095-23.
    (b)(4)(iii) [Reserved]. For guidance see Sec. 86.098-23.
    (c)-(e)(1) [Reserved]. For guidance see Sec. 86.095-23.
    (e)(2)-(e)(3) [Reserved]. For guidance see Sec. 86.098-23.
    (f)-(k) [Reserved]. For guidance see Sec. 86.095-23.
    (l) Additionally, manufacturers certifying vehicles shall submit for 
each model year 2000 through 2002 light-duty vehicle and light light-
duty truck engine family and each model year 2002 through 2004 heavy 
light-duty truck engine family the information listed in paragraphs (l) 
(1) and (2) of this section.
    (1) Application for certification. In the application for 
certification, the manufacturer shall submit the projected sales volume 
of engine families certifying to the respective standards. Volume 
projected to be produced for U.S. sale may be used in lieu of projected 
U.S. sales.
    (2) End-of-year reports for each engine family.
    (i) These end-of-year reports shall be submitted within 90 days of 
the end of the model year to: Director, Vehicle Programs and Compliance 
Division, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., 
NW., Washington, DC 20460.
    (ii) These reports shall indicate the model year, engine family, and 
the actual U.S. sales volume. The manufacturer may petition the 
Administrator to allow volume produced for U.S. sale to be used in lieu 
of U.S. sales. Such petition shall be submitted within 30 days of the 
end of the model year to the Manufacturers Operations Division. For the 
petition to be granted, the manufacturer must establish to the 
satisfaction of the Administrator that production volume is functionally 
equivalent to sales volume.

[[Page 162]]

    (iii) The U.S. sales volume for end-of-year reports shall be based 
on the location of the point of sale to a dealer, distributor, fleet 
operator, broker, or any other entity which comprises the point of first 
sale.
    (iv) Failure by a manufacturer to submit the end-of-year report 
within the specified time may result in certificate(s) for the engine 
family(ies) certified to Tier 1 certification standards being voided ab 
initio plus any applicable civil penalties for failure to submit the 
required information to the Agency.
    (v) These reports shall include the information required under Sec. 
86.000-7(h)(1). The information shall be organized in such a way as to 
allow the Administrator to determine compliance with the SFTP standards 
implementation schedules of Sec. Sec. 86.000-8 and 86.000-9.
    (m) [Reserved]. For guidance see Sec. 86.098-23.

[61 FR 54882, Oct. 22, 1996]



Sec. 86.000-24  Test vehicles and engines.

    Section 86.000-24 includes text that specifies requirements that 
differ from Sec. 86.096-24 or Sec. 86.098-24. Where a paragraph in 
Sec. 86.096-24 or Sec. 86.098-24 is identical and applicable to Sec. 
86.000-24, this may be indicated by specifying the corresponding 
paragraph and the statement ``[Reserved]. For guidance see Sec. 86.096-
24.'' or ``[Reserved]. For guidance see Sec. 86.098-24.''
    (a) introductory text through (a)(4) [Reserved]. For guidance see 
Sec. 86.096-24.
    (a)(5)-(a)(7) [Reserved]. For guidance see Sec. 86.098-24.
    (a)(8)-(b)(1) introductory text [Reserved]. For guidance see Sec. 
86.096-24.
    (b)(1)(i) Vehicles are chosen to be operated and tested for emission 
data based upon engine family groupings. Within each engine family, one 
test vehicle is selected. If air conditioning is projected to be 
available on any vehicles within the engine family, the Administrator 
will limit selections to engine codes which have air conditioning 
available and will require that any vehicle selected under this section 
has air conditioning installed and operational. The Administrator 
selects as the test vehicle the vehicle with the heaviest equivalent 
test weight (including options) within the family which meets the air 
conditioning eligibility requirement discussed earlier in this section. 
If more than one vehicle meets this criterion, then within that vehicle 
grouping, the Administrator selects, in the order listed, the highest 
road-load power, largest displacement, the transmission with the highest 
numerical final gear ratio (including overdrive), the highest numerical 
axle ratio offered in that engine family, and the maximum fuel flow 
calibration.
    (ii) The Administrator selects one additional test vehicle from 
within each engine family. The additional vehicle selected is the 
vehicle expected to exhibit the highest emissions of those vehicles 
remaining in the engine family. The selected vehicle will include an air 
conditioning engine code unless the Administrator chooses a worst 
vehicle configuration that is not available with air conditioning. If 
all vehicles within the engine family are similar, the Administrator may 
waive the requirements of this paragraph.
    (b)(1)(iii)-(b)(1)(vi) [Reserved]. For guidance see Sec. 86.096-24.
    (b)(1)(vii)(A)-(b)(1)(viii)(A) [Reserved]. For guidance see Sec. 
86.098-24.
    (b)(1)(viii)(B)-(e)(2) [Reserved]. For guidance see Sec. 86.096-24.
    (f) [Reserved]. For guidance see Sec. 86.098-24.
    (g)(1)-(g)(2) [Reserved]. For guidance see Sec. 86.096-24.
    (g)(3) Except for air conditioning, where it is expected that 33 
percent or less of a carline, within an engine-system combination, will 
be equipped with an item (whether that item is standard equipment or an 
option) that can reasonably be expected to influence emissions, that 
item may not be installed on any emission data vehicle or durability 
data vehicle of that carline within that engine-system combination, 
unless that item is standard equipment on that vehicle or specifically 
required by the Administrator.
    (4) Air conditioning must be installed and operational on any 
emission data vehicle of any vehicle configuration that is projected to 
be available with air conditioning regardless of the rate of 
installation of air conditioning within the carline. Section 86.096-
24(g) (1) and (2) and paragraph (g)(3) of this section will be used to 
determine whether

[[Page 163]]

the weight of the air conditioner will be included in equivalent test 
weight calculations for emission testing.
    (h) [Reserved]. For guidance see Sec. 86.096-24.

[61 FR 54882, Oct. 22, 1996]



Sec. 86.000-25  Maintenance.

    Section 86.000-25 includes text that specifies requirements that 
differ from Sec. 86.094-25 or Sec. 86.098-25. Where a paragraph in 
Sec. 86.094-25 or Sec. 86.098-25 is identical and applicable to Sec. 
86.000-25, this may be indicated by specifying the corresponding 
paragraph and the statement ``[Reserved]. For guidance see Sec. 86.094-
25.'' or ``[Reserved]. For guidance see Sec. 86.098-25.''
    (a)(1) Applicability. This section applies to light-duty vehicles, 
light-duty trucks, and heavy-duty engines.
    (a)(2) Maintenance performed on vehicles, engines, subsystems, or 
components used to determine exhaust, evaporative or refueling emission 
deterioration factors is classified as either emission-related or non-
emission-related and each of these can be classified as either scheduled 
or unscheduled. Further, some emission-related maintenance is also 
classified as critical emission-related maintenance.
    (b) introductory text through (b)(3)(vi)(D) [Reserved]. For guidance 
see Sec. 86.094-25.
    (b)(3)(vi)(E)-(b)(3)(vi)(J) [Reserved]. For guidance see Sec. 
86.098-25.
    (b)(3)(vii)-(b)(6)(i)(E) [Reserved]. For guidance see Sec. 86.094-
25.
    (b)(6)(i)(F) [Reserved]. For guidance see Sec. 86.098-25.
    (b)(6)(i)(G)-(H) [Reserved]. For guidance see Sec. 86.094-25.
    (i) When air conditioning SFTP exhaust emission tests are required, 
the manufacturer must document that the vehicle's air conditioning 
system is operating properly and that system parameters are within 
operating design specifications prior to test. Required air conditioning 
system maintenance is performed as unscheduled maintenance and does not 
require the Administrator's approval.

[61 FR 54883, Oct. 22, 1996]



Sec. 86.000-26  Mileage and service accumulation; emission 
measurements.

    Section 86.000-26 includes text that specifies requirements that 
differ from Sec. 86.094-26, Sec. 86.095-26, Sec. 86.096-26 or Sec. 
86.098-26. Where a paragraph in Sec. 86.094-26, Sec. 86.095-26, Sec. 
86.096-26 or Sec. 86.098-26 is identical and applicable to Sec. 
86.000-26, this may be indicated by specifying the corresponding 
paragraph and the statement ``[Reserved]. For guidance see Sec. 86.094-
26.'' or ``[Reserved]. For guidance see Sec. 86.095-26.'' or 
``[Reserved]. For guidance see Sec. 86.096-26.'' or ``[Reserved]. For 
guidance see Sec. 86.098-26.''
    (a)(1) [Reserved]. For guidance see Sec. 86.094-26.
    (a)(2) The standard method of whole-vehicle service accumulation for 
durability data vehicles and for emission data vehicles shall be mileage 
accumulation using the Durability Driving Schedule as specified in 
appendix IV to this part. A modified procedure may also be used if 
approved in advance by the Administrator. Except with the advance 
approval of the Administrator, all vehicles will accumulate mileage at a 
measured curb weight which is within 100 pounds of the estimated curb 
weight. If the loaded vehicle weight is within 100 pounds of being 
included in the next higher inertia weight class as specified in Sec. 
86.129, the manufacturer may elect to conduct the respective emission 
tests at higher loaded vehicle weight.
    (3) Emission data vehicles. Unless otherwise provided for in Sec. 
86.000-23(a), emission-data vehicles shall be operated and tested as 
described in paragraph (a)(3)(i)(A) of this section; Sec. 86.094-
26(a)(3)(i)(B) and (D), Sec. 86.098-26(a)(3)(i)(C) and (a)(3)(ii)(C), 
and Sec. 86.094-26(a)(3)(ii) (A), (B) and (D).
    (i) Otto-cycle. (A) The manufacturer shall determine, for each 
engine family, the mileage at which the engine-system combination is 
stabilized for emission-data testing. The manufacturer shall maintain, 
and provide to the Administrator if requested, a record of the rationale 
used in making this determination. The manufacturer may elect to 
accumulate 4,000 miles on each test vehicle within an engine family 
without making a determination. The manufacturer must accumulate a

[[Page 164]]

minimum of 2,000 miles (3,219 kilometers) on each test vehicle within an 
engine family. All test vehicle mileage must be accurately determined, 
recorded, and reported to the Administrator. Any vehicle used to 
represent emission-data vehicle selections under Sec. 86.000-24(b)(1) 
shall be equipped with an engine and emission control system that has 
accumulated the mileage the manufacturer chose to accumulate on the test 
vehicle. Fuel economy data generated from certification vehicles 
selected in accordance with Sec. 86.000-24(b)(1) with engine-system 
combinations that have accumulated more than 10,000 kilometers (6,200 
miles) shall be factored in accordance with 40 CFR 600.006-87(c). 
Complete exhaust (FTP and SFTP tests), evaporative and refueling (if 
required) emission tests shall be conducted for each emission-data 
vehicle selection under Sec. 86.000-24(b)(1). The Administrator may 
determine under Sec. 86.000-24(f) that no testing is required.
    (a)(3)(i)(B) [Reserved]. For guidance see Sec. 86.094-26.
    (a)(3)(i)(C) [Reserved]. For guidance see Sec. 86.098-26.
    (a)(3)(i)(D)-(a)(3)(ii)(B) [Reserved]. For guidance see Sec. 
86.094-26.
    (a)(3)(ii)(C) [Reserved]. For guidance see Sec. 86.098-26.
    (a)(3)(ii)(D)-(a)(4)(i)(B)(4) [Reserved]. For guidance see Sec. 
86.094-26.
    (a)(4)(i)(C) Complete exhaust emission tests shall be made at 
nominal test point mileage intervals that the manufacturer determines. 
Unless the Administrator approves a manufacturer's request to develop 
specific deterioration factors for aggressive driving (US06) and air 
conditioning (SC03) test cycle results, tail pipe exhaust emission 
deterioration factors are determined from only FTP test cycle data. At a 
minimum, two complete exhaust emission tests shall be made. The first 
test shall be made at a distance not greater than 6,250 miles. The last 
shall be made at the mileage accumulation endpoint determined in Sec. 
86.094-26 (a)(4)(i) (A) or (B), whichever is applicable.
    (a)(4)(i)(D)-(a)(6)(ii) [Reserved]. For guidance see Sec. 86.094-
26.
    (a)(6)(iii) The results of all emission tests shall be rounded to 
the number of places to the right of the decimal point indicated by 
expressing the applicable emission standard of this subpart to one 
additional significant figure, in accordance with the Rounding-Off 
Method specified in ASTM E29-90, Standard Practice for Using Significant 
Digits in Test Data to Determine Conformance with Specifications 
(incorporated by reference; see Sec. 86.1).
    (a)(7)-(a)(9)(i) [Reserved]. For guidance see Sec. 86.094-26.
    (a)(9)(ii) The test procedures in Sec. Sec. 86.106 through 86.149 
and Sec. 86.158 will be followed by the Administrator. The 
Administrator may test the vehicles at each test point. Maintenance may 
be performed by the manufacturer under such conditions as the 
Administrator may prescribe.
    (a)(9)(iii)-(b)(2) introductory text [Reserved]. For guidance see 
Sec. 86.094-26.
    (b)(2)(i) This paragraph (b)(2)(i) applies to service accumulation 
conducted under the Standard Self-Approval Durability Program of Sec. 
86.094-13(f). The manufacturer determines the form and extent of this 
service accumulation, consistent with good engineering practice, and 
describes it in the application for certification. Service accumulation 
under the Standard Self-Approval Durability Program is conducted on 
vehicles, engines, subsystems, or components selected by the 
manufacturer under Sec. 86.000-24(c)(2)(i).
    (ii) This paragraph (b)(2)(ii) applies to service accumulation 
conducted under the Alternative Service Accumulation Durability Program 
of Sec. 86.094-13(e). The service accumulation method is developed by 
the manufacturer to be consistent with good engineering practice and to 
accurately predict the deterioration of the vehicle's emissions in 
actual use over its full useful life. The method is subject to advance 
approval by the Administrator and to verification by an in-use 
verification program conducted by the manufacturer under Sec. 86.094-
13(e)(5).
    (b)(2)(iii)-(b)(4)(i)(C) [Reserved]. For guidance see Sec. 86.094-
26.
    (b)(4)(i)(D)-(b)(4)(ii)(D) [Reserved]. For guidance see Sec. 
86.095-26.
    (b)(4)(iii) [Reserved]
    (b)(4)(iv)-(c)(3) [Reserved]. For guidance see Sec. 86.094-26.

[[Page 165]]

    (c)(4) [Reserved]. For guidance see Sec. 86.096-26.
    (d) introductory text through (d)(2)(i) [Reserved]. For guidance see 
Sec. 86.094-26.
    (d)(2)(ii) The results of all emission tests shall be recorded and 
reported to the Administrator. These test results shall be rounded, in 
accordance with the Rounding-Off Method specified in ASTM E29-90, 
Standard Practice for Using Significant Digits in Test Data to Determine 
Conformance with Specifications (incorporated by reference; see Sec. 
86.1), to the number of decimal places contained in the applicable 
emission standard expressed to one additional significant figure.
    (d)(3)-(d)(6) [Reserved]. For guidance see Sec. 86.094-26.

[61 FR 54883, Oct. 22, 1996]



Sec. 86.000-28  Compliance with emission standards.

    Section 86.000-28 includes text that specifies requirements that 
differ from Sec. 86.094-28 or Sec. 86.098-28. Where a paragraph in 
Sec. 86.094-28 or Sec. 86.098-28 is identical and applicable to Sec. 
86.000-28, this may be indicated by specifying the corresponding 
paragraph and the statement ``[Reserved]. For guidance see Sec. 86.094-
28.'' or ``[Reserved]. For guidance see Sec. 86.098-28.''
    (a)(1) This paragraph (a) applies to light duty vehicles.
    (2) Each exhaust, evaporative and refueling emission standard (and 
family particulate emission limits, as appropriate) of Sec. 86.000-8 
applies to the emissions of vehicles for the appropriate useful life as 
defined in Sec. Sec. 86.000-2 and 86.000-8.
    (a)(3) [Reserved]. For guidance see Sec. 86.094-28.
    (a)(4) Introductory text [Reserved]. For guidance see Sec. 86.098-
28.
    (a)(4)(i) Separate emission deterioration factors for each regulated 
exhaust constituent shall be determined from the FTP exhaust emission 
results of the durability-data vehicle(s) for each engine-system 
combination. Unless the Administrator approves a manufacturer's request 
to develop specific deterioration factors for US06 and air conditioning 
(SC03) test results, applicable FTP deterioration factors will also be 
used to estimate intermediate and full useful life emissions for all 
SFTP regulated emission levels. Separate evaporative and/or refueling 
emission deterioration factors shall be determined for each evaporative/
refueling emission family-emission control system combination from the 
testing conducted by the manufacturer (gasoline-fueled and methanol-
fueled vehicles only). Separate refueling emission deterioration factors 
shall be determined for each evaporative/refueling emission family-
emission control system combination from the testing conducted by the 
manufacturer (petroleum-fueled diesel cycle vehicles not certified under 
the provisions of Sec. 86.098-28(g) only).
    (a)(4)(i)(A)-(a)(4)(i)(B)(2)(i) [Reserved]. For guidance see Sec. 
86.094-28.
    (a)(4)(i)(B)(2)(ii) These interpolated values shall be carried out 
to a minimum of four places to the right of the decimal point before 
dividing one by the other to determine the deterioration factor. The 
results shall be rounded to three places to the right of the decimal 
point in accordance with the Rounding-Off Method specified in ASTM E29-
90, Standard Practice for Using Significant Digits in Test Data to 
Determine Conformance with Specifications (incorporated by reference; 
see Sec. 86.1).
    (a)(4)(i)(B)(2)(iii)-(a)(4)(i)(B)(2)(iv) [Reserved]. For guidance 
see Sec. 86.094-28.
    (a)(4)(i)(C)-(a)(4)(i)(D)(2) [Reserved]. For guidance see Sec. 
86.098-28.
    (a)(4)(ii)(A)(1) The official exhaust emission test results for each 
applicable exhaust emission standard for each emission data vehicle at 
the selected test point shall be multiplied by the appropriate 
deterioration factor: Provided, that if a deterioration factor as 
computed in paragraph (a)(4)(i)(B)(2)(ii) of this section is less than 
one, that deterioration factor shall be one for the purposes of this 
paragraph. For the SFTP composite standard of (NMHC+NOX), the 
measured results of NMHC and NOX must each be multiplied by 
their corresponding deterioration factors before the composite 
(NMHC+NOX) standard is calculated.
    (2) The calculation specified in paragraph (a)(4)(ii)(A)(1) of this 
section may be modified with advance approval of the Administrator for 
engine-system combinations which are certified under the Alternative 
Service Accumulation

[[Page 166]]

Durability Program specified in Sec. 86.094-13(e).
    (a)(4)(ii)(B)-(a)(4)(ii)(C) [Reserved]. For guidance see Sec. 
86.098-28.
    (a)(4)(iii) The emissions to compare with the standard (or the 
family particulate emission limit, as appropriate) shall be the adjusted 
emissions of Sec. 86.098-28 (a)(4)(ii)(B) and (C) and paragraph 
(a)(4)(ii)(A) of this section 211a for each emission-data vehicle. For 
the SFTP composite (NMHC+NOX) results, the individual 
deterioration factors must be applied to the applicable NMHC and 
NOX test results prior to calculating the adjusted composite 
(NMHC+NOX) level that is compared with the standard. The 
additional composite calculations that are required by the SFTP are 
discussed in Sec. 86.164-00 (Supplemental federal test procedure 
calculations). Before any emission value is compared with the standard 
(or the family particulate emission limit, as appropriate), it shall be 
rounded to two significant figures in accordance with the Rounding-Off 
Method specified in ASTM E29-90, Standard Practice for Using Significant 
Digits in Test Data to Determine Conformance with Specifications 
(incorporated by reference; see Sec. 86.1). The rounded emission values 
may not exceed the standard (or the family particulate emission limit, 
as appropriate).
    (a)(4)(iv) [Reserved]. For guidance see Sec. 86.094-28.
    (a)(4)(v) [Reserved]. For guidance see Sec. 86.098-28.
    (a)(5)-(a)(6) [Reserved]. For guidance see Sec. 86.094-28.
    (a)(7) introductory text [Reserved]. For guidance see Sec. 86.098-
28.
    (a)(7)(i) Separate deterioration factors shall be determined from 
the exhaust emission results of the durability data vehicles for each 
emission standard applicable under Sec. 86.000-8, for each engine 
family group. Unless the Administrator approves a manufacturer's request 
to develop specific deterioration factors for US06 and air conditioning 
(SC03) test results, applicable deterioration factors determined from 
FTP exhaust emission results will also be used to estimate intermediate 
and full useful life emissions for all SFTP regulated emission levels. 
The evaporative and/or refueling emission deterioration factors for each 
evaporative/refueling family will be determined and applied in 
accordance with Sec. 86.098-28 (a)(4) introductory text, (a)(4)(i)(C) 
and (D), (a)(4)(ii)(B) and (C), and (a)(4)(v) and Sec. 86.094-28 
(a)(4)(i)(A)-(a)(4)(i)(B)(2)(i), (a)(4)(i)(B)(2)(iii) and (iv), and 
(a)(4)(iv) and paragraphs (a)(4) (i) introductory, (a)(4)(i)(B)(2)(ii), 
(a)(4)(ii)(A), and (a)(4)(iii) of this section.
    (a)(7)(ii)-(b)(4)(i) [Reserved]. For guidance see Sec. 86.094-28.
    (b)(4)(ii) Separate exhaust emission deterioration factors for each 
regulated exhaust constituent, determined from tests of vehicles, 
engines, subsystems, or components conducted by the manufacturer, shall 
be supplied for each standard and for each engine-system combination. 
Unless the Administrator approves a manufacturer's request to develop 
specific deterioration factors for US06 and air conditioning (SC03) test 
results, applicable deterioration factors determined from FTP exhaust 
emission results will also be used to estimate intermediate and full 
useful life emissions for all SFTP regulated emission levels.
    (iii) The official exhaust emission results for each applicable 
exhaust emission standard for each emission data vehicle at the selected 
test point shall be adjusted by multiplication by the appropriate 
deterioration factor. However, if the deterioration factor supplied by 
the manufacturer is less than one, it shall be one for the purposes of 
this paragraph (b)(4)(iii).
    (iv) The emissions to compare with the standard(s) (or the family 
particulate emission limit, as appropriate) shall be the adjusted 
emissions of paragraph (b)(4)(iii) of this section for each emission-
data vehicle. For the SFTP composite (NMHC+NOX) results, the 
individual deterioration factors must be applied to the applicable NMHC 
and NOX test results prior to calculating the adjusted 
composite (NMHC+NOX) level that is compared with the 
standard. The additional composite calculations that are required by the 
SFTP are discussed in Sec. 86.164-00 (Supplemental federal test 
procedure calculations). Before any emission value is compared with the 
standard, it shall be rounded to two significant figures in

[[Page 167]]

accordance with the Rounding-Off Method specified in ASTM E29-90, 
Standard Practice for Using Significant Digits in Test Data to Determine 
Conformance with Specifications (incorporated by reference; see Sec. 
86.1).
    (5)(i) Paragraphs (b)(5)(i) (A) and (B) of this section apply only 
to manufacturers electing to participate in the particulate averaging 
program.
    (A) If a manufacturer chooses to change the level of any family 
particulate emission limit(s), compliance with the new limit(s) must be 
based upon existing certification data.
    (B) The production-weighted average of the family particulate 
emission limits of all applicable engine families, rounded to two 
significant figures in accordance with the Rounding-Off Method specified 
in ASTM E29-90, Standard Practice for Using Significant Digits in Test 
Data to Determine Conformance with Specifications (incorporated by 
reference; see Sec. 86.1), must comply with the particulate standards 
in Sec. 86.099-9 (a)(1)(iv) or (d)(1)(iv), or the composite particulate 
standard as defined in Sec. 86.094-2, as appropriate, at the end of the 
product year.
    (ii) Paragraphs (b)(5)(ii) (A) and (B) of this section apply only to 
manufacturers electing to participate in the NOX averaging 
program.
    (A) If a manufacturer chooses to change the level of any family 
NOX emission limit(s), compliance with the new limit(s) must 
be based upon existing certification data.
    (B) The production-weighted average of the family FTP NOX 
emission limits of all applicable engine families, rounded to two 
significant figures in accordance with the Rounding-Off Method specified 
in ASTM E29-90, Standard Practice for Using Significant Digits in Test 
Data to Determine Conformance with Specifications (incorporated by 
reference; see Sec. 86.1), must comply with the NOX 
standards of Sec. 86.099-9(a)(1)(iii) (A) or (B), or the composite 
NOX standard as defined in Sec. 86.094-2, at the end of the 
product year.
    (b)(6) [Reserved]
    (b)(7)(i)-(b)(7)(iii) [Reserved]. For guidance see Sec. 86.094-28.
    (b)(7)(iv) The emission value for each evaporative emission data 
vehicle to compare with the standards shall be the adjusted emission 
value of Sec. 86.094-28 (b)(7)(iii) rounded to two significant figures 
in accordance with the Rounding-Off Method specified in ASTM E29-90, 
Standard Practice for Using Significant Digits in Test Data to Determine 
Conformance with Specifications (incorporated by reference; see Sec. 
86.1).
    (b)(8)-(c)(4)(iii)(B)(3) [Reserved]. For guidance see Sec. 86.094-
28.
    (c)(4)(iv) The emission values for each emission data engine to 
compare with the standards (or family emission limits, as appropriate) 
shall be the adjusted emission values of Sec. 86.094-28 (c)(4)(iii), 
rounded to the same number of significant figures as contained in the 
applicable standard in accordance with the Rounding-Off Method specified 
in ASTM E29-90, Standard Practice for Using Significant Digits in Test 
Data to Determine Conformance with Specifications (incorporated by 
reference; see Sec. 86.1).
    (c)(5)-(d)(4) [Reserved]. For guidance see Sec. 86.094-28.
    (d)(5) The emission level to compare with the standard shall be the 
adjusted emission level of Sec. 86.094-28 (d)(4). Before any emission 
value is compared with the standard it shall be rounded to two 
significant figures, in accordance with the Rounding-Off Method 
specified in ASTM E29-90, Standard Practice for Using Significant Digits 
in Test Data to Determine Conformance with Specifications (incorporated 
by reference; see Sec. 86.1). The rounded emission values may not 
exceed the standard.
    (6) Every test vehicle of an evaporative emission family must comply 
with the evaporative emission standard, as determined in paragraph 
(d)(5) of this section, before any vehicle in that family may be 
certified.
    (e)-(h) [Reserved]. For guidance see Sec. 86.098-28.

[61 FR 54884, Oct. 22, 1996]



Sec. 86.001-1  General applicability.

    (a) The provisions of this subpart generally apply to 2001 and later 
model year new Otto-cycle and diesel-cycle heavy-duty engines. In cases 
where a provision applies only to a certain vehicle group based on its 
model year, vehicle class, motor fuel, engine type, or

[[Page 168]]

other distinguishing characteristics, the limited applicability is cited 
in the appropriate section or paragraph. The provisions of this subpart 
continue to generally apply to 2000 and earlier model year new Otto-
cycle and diesel-cycle light-duty vehicles and 2000 and earlier model 
year new Otto-cycle and diesel-cycle light-duty trucks produced. 
Provisions generally applicable to all 2001 and later model year new 
Otto-cycle and diesel-cycle light-duty vehicles and 2001 and later model 
year new Otto-cycle and diesel-cycle light-duty trucks are located in 
subpart S of this part.
    (b) Optional applicability. (1) A manufacturer may request to 
certify any heavy-duty vehicle of 14,000 pounds Gross Vehicle Weight 
Rating or less in accordance with the light-duty truck provisions 
located in subpart S of this part through the 2004 model year (through 
the 2003 model year for manufacturers choosing Otto-cycle HDE Option 2 
in Sec. 86.005-1(c)(2), or through the 2002 model year for 
manufacturers choosing Otto-cycle HDE Option 1 in Sec. 86.005-1(c)(1)). 
Heavy-duty engine or vehicle provisions of this subpart A do not apply 
to such a vehicle.
    (2) Beginning with the 2000 model year, a manufacturer may certify 
any Otto-cycle heavy-duty vehicle of 14,000 pounds Gross Vehicle Weight 
Rating or less in accordance with the provisions for Otto-cycle complete 
heavy-duty vehicles located in subpart S of this part for purposes of 
generating credits in the heavy-duty vehicle averaging, banking, and 
trading program contained in Sec. 86.1817-05. Heavy-duty engine or 
heavy-duty vehicle provisions of this subpart A do not apply to such a 
vehicle.
    (c)-(d) [Reserved]
    (e) Small volume manufacturers. Special certification procedures are 
available for any manufacturer whose projected combined U.S. sales of 
light-duty vehicles, light-duty trucks, heavy-duty vehicles, and heavy-
duty engines in its product line (including all vehicles and engines 
imported under the provisions of Sec. Sec. 85.1505 and 85.1509 of this 
chapter) are fewer than 10,000 units for the model year in which the 
manufacturer seeks certification. To certify its product line under 
these optional procedures, the small-volume manufacturer must first 
obtain the Administrator's approval. The manufacturer must meet the 
eligibility criteria specified in Sec. 86.092-14(b) before the 
Administrator's approval will be granted. The small-volume 
manufacturer's certification procedures are described in Sec. 86.092-
14.
    (f) Optional procedures for determining exhaust opacity. (1) The 
provisions of subpart I of this part apply to tests which are performed 
by the Administrator, and optionally, by the manufacturer.
    (2) Measurement procedures, other than those described in subpart I 
of this part, may be used by the manufacturer provided the manufacturer 
satisfies the requirements of Sec. 86.091-23(f).
    (3) When a manufacturer chooses to use an alternative measurement 
procedure it has the responsibility to determine whether the results 
obtained by the procedure will correlate with the results which would be 
obtained from the measurement procedure in subpart I of this part. 
Consequently, the Administrator will not routinely approve or disapprove 
any alternative opacity measurement procedure or any associated 
correlation data which the manufacturer elects to use to satisfy the 
data requirements for subpart I of this part.
    (4) If a confirmatory test(s) is performed and the results indicate 
there is a systematic problem suggesting that the data generated under 
an optional alternative measurement procedure do not adequately 
correlate with data obtained in accordance with the procedures described 
in subpart I of this part, EPA may require that all certificates of 
conformity not already issued be based on data obtained from procedures 
described in subpart I of this part.

[64 FR 23920, May 4, 1999, as amended at 65 FR 59945, Oct. 6, 2000]



Sec. 86.001-2  Definitions.

    The definitions of Sec. 86.000-2 continue to apply to 2000 and 
later model year vehicles. The definitions listed in this section apply 
beginning with the 2001 model year.
    Useful life means:

[[Page 169]]

    (1) For light-duty vehicles, and for light light-duty trucks not 
subject to the Tier 0 standards of Sec. 86.094-9(a), intermediate 
useful life and/or full useful life. Intermediate useful life is a 
period of use of 5 years or 50,000 miles, whichever occurs first. Full 
useful life is a period of use of 10 years or 100,000 miles, whichever 
occurs first, except as otherwise noted in Sec. 86.094-9. The useful 
life of evaporative and/or refueling emission control systems on the 
portion of these vehicles subject to the evaporative emission test 
requirements of Sec. 86.130-96, and/or the refueling emission test 
requirements of Sec. 86.151-2001, is defined as a period of use of 10 
years or 100,000 miles, whichever occurs first.
    (2) For light light-duty trucks subject to the Tier 0 standards of 
Sec. 86.094-9(a), and for heavy light-duty truck engine families, 
intermediate and/or full useful life. Intermediate useful life is a 
period of use of 5 years or 50,000 miles, whichever occurs first. Full 
useful life is a period of use of 11 years or 120,000 miles, whichever 
occurs first. The useful life of evaporative emission and/or refueling 
control systems on the portion of these vehicles subject to the 
evaporative emission test requirements of Sec. 86.130-96, and/or the 
refueling emission test requirements of Sec. 86.151-2001, is also 
defined as a period of 11 years or 120,000 miles, whichever occurs 
first.
    (3) For an Otto-cycle heavy-duty engine family:
    (i) For hydrocarbon and carbon monoxide standards, a period of use 
of 8 years or 110,000 miles, whichever first occurs.
    (ii) For the oxides of nitrogen standard, a period of use of 10 
years or 110,000 miles, whichever first occurs.
    (iii) For the portion of evaporative emission control systems 
subject to the evaporative emission test requirements of Sec. 86.1230-
96, a period of use of 10 years or 110,000 miles, whichever occurs 
first.
    (4) For a diesel heavy-duty engine family:
    (i) For light heavy-duty diesel engines, for hydrocarbon, carbon 
monoxide, and particulate standards, a period of use of 8 years or 
110,000 miles, whichever first occurs.
    (ii) For light heavy-duty diesel engines, for the oxides of nitrogen 
standard, a period of use of 10 years or 110,000 miles, whichever first 
occurs.
    (iii) For medium heavy-duty diesel engines, for hydrocarbon, carbon 
monoxide, and particulate standards, a period of use of 8 years or 
185,000 miles, whichever first occurs.
    (iv) For medium heavy-duty diesel engines, for the oxides of 
nitrogen standard, a period of use of 10 years or 185,000 miles, 
whichever first occurs.
    (v) For heavy heavy-duty diesel engines, for hydrocarbon, carbon 
monoxide, and particulate standards, a period of use of 8 years or 
290,000 miles, whichever first occurs, except as provided in paragraph 
(4)(vii) of this definition.
    (vi) For heavy heavy-duty diesel engines, for the oxides of nitrogen 
standard, a period of use of 10 years or 290,000 miles, whichever first 
occurs.
    (vii) For heavy heavy-duty diesel engines used in urban buses, for 
the particulate standard, a period of use of 10 years or 290,000 miles, 
whichever first occurs.

[59 FR 16281, Apr. 6, 1994, as amended at 61 FR 54886, Oct. 22, 1996]



Sec. 86.001-9  Emission standards for 2001 and later model year 
light-duty trucks

    Section 86.001-9 includes text that specifies requirements that 
differ from Sec. 86.097-9, Sec. 86.099-9 or Sec. 86.000-9. Where a 
paragraph in Sec. 86.097-9, Sec. 86.099-9 or Sec. 86.000-9 is 
identical and applicable to Sec. 86.001-9, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.097-9.'' or ``[Reserved]. For guidance see 
Sec. 86.099-9.'' or ``[Reserved]. For guidance see Sec. 86.000-9.''
    (a)(1) introductory text through (a)(1)(iii) [Reserved]. For 
guidance see Sec. 86.097-9.
    (a)(1)(iv)-(b)(4) [Reserved]. For guidance see Sec. 86.099-9.
    (b)(5) [Reserved]
    (b)(6) Vehicles certified to the refueling standards set forth in 
paragraph (d) of this section are not required to demonstrate compliance 
with the fuel dispensing spitback standards contained in Sec. 86.096-9 
(b)(1)(iii) and (b)(2)(iii): Provided, that they meet the requirements 
of Sec. 86.001-28(f).

[[Page 170]]

    (c) [Reserved]. For guidance see Sec. 86.097-9.
    (d) Refueling emissions from 2001 and later model year gasoline-
fueled and methanol-fueled Otto-cycle and petroleum-fueled and methanol-
fueled diesel-cycle light duty trucks of 6,000 pounds or less GVWR shall 
not exceed the following standards. The standards apply equally to 
certification and in-use vehicles.
    (1) Standards--(i) Hydrocarbons (for gasoline-fueled Otto-cycle and 
petroleum-fueled diesel-cycle vehicles). 0.20 gram per gallon (0.053 
gram per liter) of fuel dispensed.
    (ii) Total Hydrocarbon Equivalent (for methanol-fueled vehicles). 
0.20 gram per gallon (0.053 gram per liter) of fuel dispensed.
    (iii) Hydrocarbons (for liquefied petroleum gas-fueled vehicles). 
0.15 gram per gallon (0.04 gram per liter) of fuel dispensed.
    (iv) Refueling receptacle (for natural gas-fueled vehicles). 
Refueling receptacles on natural gas-fueled vehicles shall comply with 
the receptacle provisions of the ANSI/AGA NGV1-1994 standard (as 
incorporated by reference in Sec. 86.1).
    (2)(i) The standards set forth in paragraphs (d)(1)(i) and (ii) of 
this section refer to a sample of refueling emissions collected under 
the conditions as set forth in subpart B of this part and measured in 
accordance with those procedures.
    (ii) For vehicles powered by petroleum-fueled diesel-cycle engines, 
the provisions set forth in paragraph (d)(1)(i) of this section may be 
waived: Provided, that the manufacturer complies with the provisions of 
Sec. 86.001-28(f).
    (3) A minimum of the percentage shown in table A01-09 of a 
manufacturer's sales of the applicable model year's gasoline- and 
methanol-fueled Otto-cycle and petroleum-fueled and methanol-fueled 
diesel-cycle light-duty trucks of 6,000 pounds or less GVWR shall be 
tested under the procedures in subpart B of this part indicated for 2001 
and later model years, and shall not exceed the standards described in 
paragraph (d)(1) of this section. Vehicles certified in accordance with 
paragraph (d)(2)(ii) of this section, as determined by the provisions of 
Sec. 86.001-28(g), shall not be counted in the calculation of the 
percentage of compliance:

  Table A01-09--Implementation Schedule for Light-Duty Truck Refueling
                            Emission Testing
------------------------------------------------------------------------
                                                                Sales
                         Model year                           percentage
------------------------------------------------------------------------
2001.......................................................           40
2002.......................................................           80
2003 and subsequent........................................          100
------------------------------------------------------------------------

    (e) [Reserved]. For guidance see Sec. 86.000-9.
    (f) [Reserved]
    (g)-(k) [Reserved]. For guidance see Sec. 86.097-9.

[61 FR 54886, Oct. 22, 1996]



Sec. 86.001-21  Application for certification.

    Section 86.001-21 includes text that specifies requirements that 
differ from Sec. 86.094-21 or Sec. 86.096-21. Where a paragraph in 
Sec. 86.094-21 or Sec. 86.096-21 is identical and applicable to Sec. 
86.001-21, this may be indicated by specifying the corresponding 
paragraph and the statement ``[Reserved]. For guidance see Sec. 86.094-
21.'' or ``[Reserved]. For guidance see Sec. 86.096-21.''
    (a)-(b)(1)(i)(B) [Reserved]. For guidance see Sec. 86.094-21.
    (b)(1)(i)(C) The manufacturer must submit a Statement of Compliance 
in the application for certification which attests to the fact that they 
have assured themselves that the engine family is designed to comply 
with the intermediate temperature cold testing criteria of subpart C of 
this part, and does not unnecessarily reduce emission control 
effectiveness of vehicles operating at high altitude or other conditions 
not experienced within the US06 (aggressive driving) and SC03 (air 
conditioning) test cycles.
    (b)(1)(i)(C)(1)-(b)(1)(ii)(C) [Reserved]. For guidance see Sec. 
86.094-21.
    (b)(2) Projected U.S. sales data sufficient to enable the 
Administrator to select a test fleet representative of the vehicles (or 
engines) for which certification is requested, and data sufficient to 
determine projected compliance with the standards implementation 
schedules of Sec. 86.000-8 and 86.000-9. Volume projected to be 
produced for U.S.

[[Page 171]]

sale may be used in lieu of projected U.S. sales.
    (b)(3) A description of the test equipment and fuel proposed to be 
used.
    (b)(4)(i) For light-duty vehicles and light-duty trucks, a 
description of the test procedures to be used to establish the 
evaporative emission and/or refueling emission deterioration factors, as 
appropriate, required to be determined and supplied in Sec. 86.001-
23(b)(2).
    (b)(4)(ii)-(b)(5)(iv) [Reserved]. For guidance see Sec. 86.094-21.
    (b)(5)(v) For light-duty vehicles and applicable light-duty trucks 
with non-integrated refueling emission control systems, the number of 
continuous UDDS cycles, determined from the fuel economy on the UDDS 
applicable to the test vehicle of that evaporative/refueling emission 
family-emission control system combination, required to use a volume of 
fuel equal to 85% of fuel tank volume.
    (b)(6)-(b)(8) [Reserved]. For guidance see Sec. 86.094-21.
    (b)(9) For each light-duty vehicle, light-duty truck, evaporative/
refueling emission family or heavy-duty vehicle evaporative emission 
family, a description of any unique procedures required to perform 
evaporative and/or refueling emission tests, as applicable, (including 
canister working capacity, canister bed volume, and fuel temperature 
profile for the running loss test) for all vehicles in that evaporative 
and/or evaporative/refueling emission family, and a description of the 
method used to develop those unique procedures.
    (10) For each light-duty vehicle or applicable light-duty truck 
evaporative/refueling emission family, or each heavy-duty vehicle 
evaporative emission family:
    (i) Canister working capacity, according to the procedures specified 
in Sec. 86.132-96(h)(1)(iv);
    (ii) Canister bed volume; and
    (iii) Fuel temperature profile for the running loss test, according 
to the procedures specified in Sec. 86.129-94(d).
    (c)-(j) [Reserved]. For guidance see Sec. 86.094-21.
    (k) and (l) [Reserved]. For guidance see Sec. 86.096-21.

[61 FR 54886, Oct. 22, 1996]



Sec. 86.001-22  Approval of application for certification; test fleet 
selections; determinations of parameters subject to adjustment for 

certification and Selective Enforcement Audit, adequacy of limits, and 
physically adjustable ranges.

    Section 86.001-22 includes text that specifies requirements that 
differ from Sec. 86.094-22. Where a paragraph in Sec. 86.094-22 is 
identical and applicable to Sec. 86.001-22, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.094-22.''.
    (a)-(c) [Reserved]. For guidance see Sec. 86.094-22.
    (d) Approval of test procedures. (1) The Administrator does not 
approve the test procedures for establishing the evaporative or 
refueling emission deterioration factors for light-duty vehicles and 
light-duty trucks. The manufacturer shall submit the procedures as 
required in Sec. 86.098-21(b)(4)(i) prior to the Administrator's 
selection of the test fleet under Sec. 86.098-24(b)(1), and if such 
procedures will involve testing of durability data vehicles selected by 
the Administrator or elected by the manufacturer under Sec. 86.098-
24(c)(1), prior to initiation of such testing.
    (d)(2)-(g) [Reserved]. For guidance see Sec. 86.094-22.

[59 FR 16283, Apr. 6, 1994]



Sec. 86.001-23  Required data.

    Section 86.001-23 includes text that specifies requirements that 
differ from Sec. 86.095-23, Sec. 86.098-23 or Sec. 86.000-23. Where a 
paragraph in Sec. 86.095-23, Sec. 86.098-23 or Sec. 86.000-23 is 
identical and applicable to Sec. 86.001-23, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.095-23.'' or ``[Reserved]. For guidance see 
Sec. 86.098-23.'' or ``[Reserved]. For guidance see Sec. 86.000-23.''
    (a)-(b)(1) [Reserved]. For guidance see Sec. 86.098-23.
    (b)(2) For light-duty vehicles and light-duty trucks, the 
manufacturer shall submit evaporative emission and/or refueling emission 
deterioration factors for each evaporative/refueling emission family-
emission control system combination and all test data that are derived 
from testing described

[[Page 172]]

under Sec. 86.001-21(b)(4)(i) designed and conducted in accordance with 
good engineering practice to assure that the vehicles covered by a 
certificate issued under Sec. 86.001-30 will meet the evaporative and/
or refueling emission standards in Sec. 86.099-8 or Sec. 86.001-9, as 
appropriate, for the useful life of the vehicle.
    (b)(3) and (b)(4) [Reserved]. For guidance see Sec. 86.098-23.
    (c)(1) [Reserved]. For guidance see Sec. 86.095-23.
    (c)(2)-(e)(1) [Reserved]. For guidance see Sec. 86.098-23.
    (e)(2) For evaporative and refueling emissions durability, or light-
duty truck or HDE exhaust emissions durability, a statement of 
compliance with paragraph (b)(2) of this section or Sec. 86.098-23 
(b)(1)(ii), (b)(3), or (b)(4) as applicable.
    (3) For certification of vehicles with non-integrated refueling 
systems, a statement that the drivedown used to purge the refueling 
canister was the same as described in the manufacturer's application for 
certification. Furthermore, a description of the procedures used to 
determine the number of equivalent UDDS miles required to purge the 
refueling canisters, as determined by the provisions of Sec. 86.001-
21(b)(5)(v) and subpart B of this part. Furthermore, a written statement 
to the Administrator that all data, analyses, test procedures, 
evaluations and other documents, on which the above statement is based, 
are available to the Administrator upon request.
    (f)-(g) [Reserved]. For guidance see Sec. 86.095-23.
    (h)-(m) [Reserved]. For guidance see Sec. 86.098-23.

[61 FR 54887, Oct. 22, 1996, as amended at 62 FR 54720, Oct. 21, 1997]



Sec. 86.001-24  Test vehicles and engines.

    Section 86.001-24 includes text that specifies requirements that 
differ from Sec. 86.096-24, Sec. 86.098-24 or Sec. 86.000-24. Where a 
paragraph in Sec. 86.096-24, Sec. 86.098-24 or Sec. 86.000-9 is 
identical and applicable to Sec. 86.001-24, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.096-24.'' or ``[Reserved]. For guidance see 
Sec. 86.098-24.'' or ``[Reserved]. For guidance see Sec. 86.000-24.''
    (a)-(a)(4) [Reserved]. For guidance see Sec. 86.096-24.
    (a)(5)-(a)(7) [Reserved]. For guidance see Sec. 86.098-24.
    (a)(8)-(b)(1) introductory text [Reserved]. For guidance see Sec. 
86.096-24.
    (b)(1)(i)-(b)(1)(ii) [Reserved]. For guidance see Sec. 86.000-24.
    (b)(1)(iii)-(b)(1)(vi) [Reserved]. For guidance see Sec. 86.096-24.
    (b)(1)(vii)(A)-(b)(1)(viii)(A) [Reserved]. For guidance see Sec. 
86.098-24.
    (b)(1)(viii)(B)-(e)(2) [Reserved]. For guidance see Sec. 86.096-24.
    (f) Carryover and carryacross of durability and emission data. In 
lieu of testing an emission-data or durability vehicle (or engine) 
selected under Sec. 86.096-24(b)(1) introductory text, (b)(1)(iii)-
(b)(1)(vi) and Sec. 86.000-24(b)(1)(i)-(b)(1)(ii) and Sec. 86.098-
24(b)(1)(vii)(A)-(b)(1)(viii)(A) or Sec. 86.096-24(c), and submitting 
data therefor, a manufacturer may, with the prior written approval of 
the Administrator, submit exhaust emission data, evaporative emission 
data and/or refueling emission data, as applicable, on a similar vehicle 
(or engine) for which certification has been obtained or for which all 
applicable data required under Sec. 86.001-23 has previously been 
submitted.
    (g)(1)-(g)(2) [Reserved]. For guidance see Sec. 86.096-24.
    (g)(3)-(g)(4) [Reserved]. For guidance see Sec. 86-000-24.
    (h) [Reserved]. For guidance see Sec. 86.096-24.

[61 FR 54887, Oct. 22, 1996]



Sec. 86.001-25  Maintenance.

    Section 86.001-25 includes text that specifies requirements that 
differ from Sec. 86.094-25 or Sec. 86.098-25. Where a paragraph in 
Sec. 86.094-25 or Sec. 86.098-25 is identical and applicable to Sec. 
86.001-25, this may be indicated by specifying the corresponding 
paragraph and the statement ``[Reserved]. For guidance see Sec. 86.094-
25.'' or ``[Reserved]. For guidance see Sec. 86.098-25.''
    (a)(1) Applicability. This section applies to light-duty vehicles, 
light-duty trucks, and heavy-duty engines.

[[Page 173]]

    (2) Maintenance performed on vehicles, engines, subsystems, or 
components used to determine exhaust, evaporative or refueling emission 
deterioration factors, as appropriate, is classified as either emission-
related or non-emission-related and each of these can be classified as 
either scheduled or unscheduled. Further, some emission-related 
maintenance is also classified as critical emission-related maintenance.
    (b) introductory text through (b)(3)(vi)(D) [Reserved]. For guidance 
see Sec. 86.094-25.
    (b)(3)(vi)(E)-(b)(3)(vi)(J) [Reserved]. For guidance see Sec. 
86.098-25.
    (b)(3)(vii)-(b)(6)(i)(E) [Reserved]. For guidance see Sec. 86.094-
25.
    (b)(6)(i)(F) [Reserved]. For guidance see Sec. 86.098-25.
    (b)(6)(i)(G)-(H) [Reserved]. For guidance see Sec. 86.094-25.
    (i) [Reserved]. For guidance see Sec. 86.000-25.

[61 FR 54887, Oct. 22, 1996]



Sec. 86.001-26  Mileage and service accumulation; emission 
measurements.

    Section 86.001-26 includes text that specifies requirements that 
differ from Sec. 86.094-26, Sec. 86.095-26, Sec. 86.096-26, Sec. 
86.098-26 or Sec. 86.000-26. Where a paragraph in Sec. 86.094-26, 
Sec. 86.095-26, Sec. 86.096-26, Sec. 86.098-26 or Sec. 86.000-26 is 
identical and applicable to Sec. 86.001-26, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.094-26.'' or ``[Reserved]. For guidance see 
Sec. 86.095-26.'' or ``[Reserved]. For guidance see Sec. 86.096-26.'' 
or ``[Reserved]. For guidance see Sec. 86.098-26.'' or ``[Reserved]. 
For guidance see Sec. 86.000-26.''
    (a)(1) [Reserved]. For guidance see Sec. 86.094-26.
    (a)(2)-(a)(3)(i)(A) [Reserved]. For guidance see Sec. 86.000-26.
    (a)(3)(i)(B) [Reserved]. For guidance see Sec. 86.094-26.
    (a)(3)(i)(C) [Reserved]. For guidance see Sec. 86.098-26.
    (a)(3)(i)(D)-(a)(3)(ii)(B) [Reserved]. For guidance see Sec. 
86.094-26.
    (a)(3)(ii)(C) [Reserved]. For guidance see Sec. 86.098-26.
    (a)(3)(ii)(D)-(a)(4)(i)(B)(4) [Reserved]. For guidance see Sec. 
86.094-26.
    (a)(4)(i)(C) [Reserved]. For guidance see Sec. 86.000-26.
    (a)(4)(i)(D)-(a)(6)(ii) [Reserved]. For guidance see Sec. 86.094-
26.
    (a)(6)(iii) [Reserved]. For guidance see Sec. 86.000-26.
    (a)(7)-(a)(9)(i) [Reserved]. For guidance see Sec. 86.094-26.
    (a)(9)(ii) [Reserved]. For guidance see Sec. 86.000-26.
    (a)(9)(iii)-(b)(2) introductory text [Reserved]. For guidance see 
Sec. 86.094-26.
    (b)(2)(i)-(b)(2)(ii) [Reserved]. For guidance see Sec. 86.000-26.
    (b)(2)(iii) [Reserved]. For guidance see Sec. 86.094-26.
    (b)(2)(iv) Service or mileage accumulation which may be part of the 
test procedures used by the manufacturer to establish evaporative and/or 
refueling emission deterioration factors.
    (b)(3)-(b)(4)(i)(B) [Reserved]. For guidance see Sec. 86.094-26.
    (b)(4)(i)(C) Exhaust, evaporative and/or refueling emission tests 
for emission-data vehicle(s) selected for testing under Sec. 86.096-
24(b)(1)(ii), (iii) or (iv)(A) or Sec. 86.098-24(b)(1)(vii) shall be 
conducted at the mileage (2,000 mile minimum) at which the engine-system 
combination is stabilized for emission testing or at 6,436 kilometer 
(4,000 mile) test point under low-altitude conditions.
    (b)(4)(i)(D)-(b)(4)(ii)(B) [Reserved]. For guidance see Sec. 
86.095-26.
    (b)(4)(ii)(C) Exhaust, evaporative and/or refueling emission tests 
for emission data vehicle(s) selected for testing under Sec. 86.094-
24(b)(1)(ii), (iii), and (iv) shall be conducted at the mileage (2,000 
mile minimum) at which the engine-system combination is stabilized for 
emission testing or at the 6,436 kilometer (4,000 mile) test point under 
low-altitude conditions.
    (b)(4)(ii)(D) [Reserved]. For guidance see Sec. 86.095-26.
    (b)(4)(iii) [Reserved]
    (b)(4)(iv)-(c)(3) [Reserved]. For guidance see Sec. 86.094-26.
    (c)(4) [Reserved]. For guidance see Sec. 86.096-26.
    (d)-(d)(2)(i) [Reserved]. For guidance see Sec. 86.094-26.
    (d)(2)(ii) [Reserved]. For guidance see Sec. 86.000-26.
    (d)(3)-(d)(6) [Reserved]. For guidance see Sec. 86.094-26.

[61 FR 54888, Oct. 22, 1996]

[[Page 174]]



Sec. 86.001-28  Compliance with emission standards.

    Section 86.001-28 includes text that specifies requirements that 
differ from Sec. 86.094-28, Sec. 86.098-28 or Sec. 86.000-28. Where a 
paragraph in Sec. 86.094-28, Sec. 86.098-28 or Sec. 86.000-28 is 
identical and applicable to Sec. 86.001-28, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.094-28.'' or ``[Reserved]. For guidance see 
Sec. 86.098-28.'' or ``[Reserved]. For guidance see Sec. 86.000-28.''
    (a)(1)-(a)(2) [Reserved]. For guidance see Sec. 86.000-28.
    (a)(3) [Reserved]. For guidance see Sec. 86.094-28.
    (a)(4) [Reserved]. For guidance see Sec. 86.098-28.
    (a)(4)(i) introductory text [Reserved]. For guidance see Sec. 
86.000-28.
    (a)(4)(i)(A)-(a)(4)(i)(B)(2)(i) [Reserved]. For guidance see Sec. 
86.094-28.
    (a)(4)(i)(B)(2)(ii) [Reserved]. For guidance see Sec. 86.000-28.
    (a)(4)(i)(B)(2)(iii)-(a)(4)(i)(B)(2)(iv) [Reserved]. For guidance 
see Sec. 86.094-28.
    (a)(4)(i)(C)-(a)(4)(i)(D)(2) [Reserved]. For guidance see Sec. 
86.098-28.
    (a)(4)(ii)(A)(1)-(a)(4)(ii)(A)(2) [Reserved]. For guidance see Sec. 
86.000-28.
    (a)(4)(ii)(B)-(a)(4)(ii)(C) [Reserved]. For guidance see Sec. 
86.098-28.
    (a)(4)(iii) [Reserved]. For guidance see Sec. 86.000-28.
    (a)(4)(iv) [Reserved]. For guidance see Sec. 86.094-28.
    (a)(4)(v) [Reserved]. For guidance see Sec. 86.098-28.
    (a)(5)-(a)(6) [Reserved]. For guidance see Sec. 86.094-28.
    (a)(7) introductory text [Reserved]. For guidance see Sec. 86.098-
28.
    (a)(7)(i) [Reserved]. For guidance see Sec. 86.000-28.
    (a)(7)(ii) [Reserved]. For guidance see Sec. 86.094-28.
    (b)(1) This paragraph (b) applies to light-duty trucks.
    (2) Each exhaust, evaporative and refueling emission standard (and 
family emission limits, as appropriate) of Sec. 86.001-9 applies to the 
emissions of vehicles for the appropriate useful life as defined in 
Sec. Sec. 86.098-2 and 86.001-9.
    (b)(3)-(b)(4)(i) [Reserved]. For guidance see Sec. 86.094-28.
    (b)(4)(ii)-(b)(6) [Reserved]. For guidance see Sec. 86.000-28.
    (b)(7)(i) This paragraph (b)(7) describes the procedure for 
determining compliance of a new vehicle with evaporative emission 
standards. The procedure described here shall be used for all vehicles 
in applicable model years.
    (ii) The manufacturer shall determine, based on testing described in 
Sec. 86.001-21(b)(4)(i)(A), and supply an evaporative emission 
deterioration factor for each evaporative/refueling emission family-
emission control system combination. The factor shall be calculated by 
subtracting the emission level at the selected test point from the 
emission level at the useful life point.
    (iii) The official evaporative emission test results for each 
evaporative/refueling emission-data vehicle at the selected test point 
shall be adjusted by the addition of the appropriate deterioration 
factor. However, if the deterioration factor supplied by the 
manufacturer is less than zero, it shall be zero for the purposes of 
this paragraph (b)(7)(iii).
    (iv) The evaporative emission value for each emission-data vehicle 
to compare with the standards shall be the adjusted emission value of 
paragraph (b)(7)(iii) of this section rounded to two significant figures 
in accordance with the Rounding-Off Method specified in ASTM E29-90, 
Standard Practice for Using Significant Digits in Test Data to Determine 
Conformance with Specifications (incorporated by reference; see Sec. 
86.1).
    (8)(i) This paragraph (b)(8) describes the procedure for determining 
compliance of a new vehicle with refueling emission standards. The 
procedure described here shall be used for all applicable vehicles in 
the applicable model years.
    (ii) The manufacturer shall determine, based on testing described in 
Sec. 86.001-21(b)(4)(i)(B), and supply a refueling emission 
deterioration factor for each evaporative/refueling emission family-
emission control system combination. The factor shall be calculated by 
subtracting the emission level at the selected test point from the 
emission level at the useful life point.

[[Page 175]]

    (iii) The official refueling emission test results for each 
evaporative/refueling emission-data vehicle at the selected test point 
shall be adjusted by the addition of the appropriate deterioration 
factor. However, if the deterioration factor supplied by the 
manufacturer is less than zero, it shall be zero for the purposes of 
this paragraph (b)(8)(iii).
    (iv) The emission value for each evaporative emission-data vehicle 
to compare with the standards shall be the adjusted emission value of 
paragraph (b)(8)(iii) of this section rounded to two significant figures 
in accordance with the Rounding-Off Method specified in ASTM E29-90, 
Standard Practice for Using Significant Digits in Test Data to Determine 
Conformance with Specifications (incorporated by reference; see Sec. 
86.1).
    (9) Every test vehicle of an engine family must comply with all 
applicable standards (and family emission limits, as appropriate), as 
determined in Sec. 86.000-28(b)(4)(iv) and paragraphs (b)(7)(iv) and 
(b)(8)(iv) of this section, before any vehicle in that family will be 
certified.
    (c) Introductory text through (c)(4)(iii)(B)(3) [Reserved]. For 
guidance see Sec. 86.094-28.
    (c)(4)(iv) [Reserved]. For guidance see Sec. 86.000-28.
    (c)(5)-(d)(4) [Reserved]. For guidance see Sec. 86.094-28.
    (d)(5)-(d)(6) [Reserved]. For guidance see Sec. 86.000-28.
    (e) [Reserved]
    (f) Fuel dispensing spitback testing waiver. (1) Vehicles certified 
to the refueling emission standards set forth in Sec. 86.098-8, 86.099-
8 and 86.001-9 are not required to demonstrate compliance with the fuel 
dispensing spitback standards contained in these sections: Provided, 
that--
    (i) The manufacturer certifies that the vehicle inherently meets the 
Dispensing Spitback Standard as part of compliance with the refueling 
emission standard.
    (ii) This certification is provided in writing and applies to the 
full useful life of the vehicle.
    (2) EPA retains the authority to require testing to enforce 
compliance and to prevent non-compliance with the Fuel Dispensing 
Spitback Standard.
    (g) Inherently low refueling emission testing waiver. (1) Vehicles 
using fuels/fuel systems inherently low in refueling emissions are not 
required to conduct testing to demonstrate compliance with the refueling 
emission standards set forth in Sec. Sec. 86.098-8, 86.099-8 or 86.001-
9: Provided, that--
    (i) This provision is only available for petroleum diesel fuel. It 
is only available if the Reid Vapor Pressure of in-use diesel fuel is 
equal to or less than 1 psi (7 Kpa) and for diesel vehicles whose fuel 
tank temperatures do not exceed 130 [deg]F (54 [deg]C); and
    (ii) To certify using this provision the manufacturer must attest to 
the following evaluation: ``Due to the low vapor pressure of diesel fuel 
and the vehicle tank temperatures, hydrocarbon vapor concentrations are 
low and the vehicle meets the 0.20 grams/gallon refueling emission 
standard without a control system.''
    (2) The certification required in paragraph (g)(1)(ii) of this 
section must be provided in writing and must apply for the full useful 
life of the vehicle.
    (3) EPA reserves the authority to require testing to enforce 
compliance and to prevent noncompliance with the refueling emission 
standard.
    (4) Vehicles certified to the refueling emission standard under this 
provision shall not be counted in the sales percentage compliance 
determinations for the 2001, 2002 and subsequent model years.
    (h) Fixed liquid level gauge waiver. Liquefied petroleum gas-fueled 
vehicles which contain fixed liquid level gauges or other gauges or 
valves which can be opened to release fuel or fuel vapor during 
refueling, and which are being tested for refueling emissions, are not 
required to be tested with such gauges or valves open, as outlined in 
Sec. 86.157-98(d)(2), provided the manufacturer can demonstrate, to the 
satisfaction of the Administrator, that such gauges or valves would not 
be opened during refueling in-use due to inaccessibility or other design 
features that would prevent or make it very unlikely that such gauges or 
valves could be opened.

[61 FR 54888, Oct. 22, 1996]

[[Page 176]]



Sec. 86.001-30  Certification.

    Section 86.001-30 includes text that specifies requirements that 
differ from Sec. 86.094-30, Sec. 86.095-30 or Sec. 86.098-30. Where a 
paragraph in Sec. 86.094-30, Sec. 86.095-30 or Sec. 86.098-30 is 
identical and applicable to Sec. 86.001-30, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.094-30.'' or ``[Reserved]. For guidance see 
Sec. 86.095-30.'' or ``[Reserved]. For guidance see Sec. 86.098-30.''.
    (a)(1) and (a)(2) [Reserved]. For guidance see Sec. 86.094-30.
    (a)(3)(i) [Reserved]. For guidance see Sec. 86.098-30.
    (a)(3)(ii)-(a)(4)(ii) [Reserved]. For guidance see Sec. 86.095-30.
    (a)(4)(iii) introductory text through (a)(4)(iii)(C) [Reserved]. For 
guidance see Sec. 86.094-30.
    (a)(4)(iv) introductory text [Reserved]. For guidance see Sec. 
86.095-30.
    (a)(4)(iv)(A)-(a)(9) [Reserved]. For guidance see Sec. 86.094-30.
    (a)(10) and (a)(11) [Reserved]. For guidance see Sec. 86.098-30.
    (a)(12) [Reserved]. For guidance see Sec. 86.094-30.
    (a)(13) [Reserved]. For guidance see Sec. 86.095-30.
    (a)(14) [Reserved]. For guidance see Sec. 86.094-30.
    (a) (15)-(18) [Reserved]. For guidance see Sec. 86.096-30.
    (a)(19) [Reserved]. For guidance see Sec. 86.098-30.
    (a)(20) For all light-duty trucks certified to refueling emission 
standards under Sec. 86.001-9, the provisions of paragraphs (a)(20) 
(i)-(iii) this section apply.
    (i) All certificates issued are conditional upon the manufacturer 
complying with all provisions of Sec. 86.001-9 both during and after 
model year production.
    (ii) Failure to meet the required implementation schedule sales 
percentages as specified in Sec. 86.001-9 will be considered to be a 
failure to satisfy the conditions upon which the certificate(s) was 
issued and the individual vehicles sold in violation of the 
implementation schedule shall not be covered by the certificate.
    (iii) The manufacturer shall bear the burden of establishing to the 
satisfaction of the Administrator that the conditions upon which the 
certificate was issued were satisfied.
    (b)(1) introductory text through (b)(1)(i) [Reserved]. For guidance 
see Sec. 86.094-30.
    (b)(1)(ii)(A) [Reserved]. For guidance see Sec. 86.094-30.
    (b)(1)(ii)(B) The emission data vehicle(s) selected under Sec. 
86.001-24(b)(vii) (A) and (B) shall represent all vehicles of the same 
evaporative/refueling control system within the evaporative/refueling 
family.
    (b)(1)(ii)(C) [Reserved]. For guidance see Sec. 86.094-30.
    (b)(1)(ii)(D) The emission-data vehicle(s) selected under Sec. 
86.098-24(b)(1)(viii) shall represent all vehicles of the same 
evaporative/refueling control system within the evaporative/refueling 
emission family, as applicable.
    (b)(1) (iii) and (iv) [Reserved]. For guidance see Sec. 86.094-30.
    (b)(2) [Reserved]. For guidance see Sec. 86.098-30.
    (b)(3)-(b)(4)(i) [Reserved]. For guidance see Sec. 86.094-30.
    (b)(4)(ii) introductory text [Reserved]. For guidance see Sec. 
86.098-30.
    (b)(4)(ii)(A) [Reserved]. For guidance see Sec. 86.094-30.
    (b)(4)(ii)(B)-(iv) [Reserved]. For guidance see Sec. 86.098-30.
    (b)(5)-(e) [Reserved]. For guidance see Sec. 86.094-30.
    (f) introductory text through (f)(3) [Reserved]. For guidance see 
Sec. 86.095-30.
    (f)(4) [Reserved]. For guidance see Sec. 86.098-30.

[59 FR 16285, Apr. 6, 1994, as amended at 62 FR 54720, Oct. 21, 1997]



Sec. 86.001-35  Labeling.

    Section 86.001-35 includes text that specifies requirements that 
differ from Sec. 86.095-35, Sec. 86.096-35 and Sec. 86.098-35. Where 
a paragraph in Sec. 86.095-35, Sec. 86.096-35 or Sec. 86.098-35 is 
identical and applicable to Sec. 86.001-35, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.095-35.'' or [Reserved]. For guidance see 
Sec. 86.096-35. or ``[Reserved]. For guidance see Sec. 86.098-28.''.
    (a) introductory text through (a)(1)(iii)(B) [Reserved]. For 
guidance see Sec. 86.095-35.

[[Page 177]]

    (a)(1)(iii)(C) [Reserved]. For guidance see Sec. 86.098-35.
    (a)(1)(iii)(D)-(L) [Reserved]. For guidance see Sec. 86.095-35.
    (a)(1)(iii)(M) [Reserved]. For guidance see Sec. 86.098-35.
    (a)(1)(iii)(N) [Reserved]. For guidance see Sec. 86.096-35.
    (a)(2) heading through (a)(2)(iii)(B) [Reserved]. For guidance see 
Sec. 86.095-35.
    (a)(2)(iii)(C) Engine displacement (in cubic inches or liters), 
engine family identification and evaporative/refueling family 
identification.
    (a)(2)(iii)(D)-(a)(2)(iii)(E) [Reserved]. For guidance see Sec. 
86.095-35.
    (a)(2)(iii)(F) [Reserved]
    (a)(2)(iii)(G)-(a)(2)(iii)(K) [Reserved]. For guidance see Sec. 
86.095-35.
    (a)(2)(iii)(L) [Reserved]
    (a)(2)(iii)(M)-(a)(2)(iii)(N) [Reserved]. For guidance see Sec. 
86.095-35.
    (a)(2)(iii) (O)-(P) [Reserved]. For guidance see Sec. 86.096-35.
    (a)(3) heading through (a)(4)(iii)(F) [Reserved]. For guidance see 
Sec. 86.095-35.
    (a)(4)(ii)(G) [Reserved]. For guidance see Sec. 86.096-35.
    (b)-(i) [Reserved]. For guidance see Sec. 86.095-35.

[59 FR 16285, Apr. 6, 1994]



Sec. 86.004-2  Definitions.

    The definitions of Sec. 86.001-2 continue to apply to 2001 and 
later model year vehicles. The definitions listed in this section apply 
beginning with the 2004 model year.
    Defeat device means an auxiliary emission control device (AECD) that 
reduces the effectiveness of the emission control system under 
conditions which may reasonably be expected to be encountered in normal 
vehicle operation and use, unless:
    (1) Such conditions are substantially included in the applicable 
Federal emission test procedure for heavy-duty vehicles and heavy-duty 
engines described in subpart N of this part;
    (2) The need for the AECD is justified in terms of protecting the 
vehicle against damage or accident; or
    (3) The AECD does not go beyond the requirements of engine starting.
    U.S.-directed production means the engines and/or vehicles (as 
applicable) produced by a manufacturer for which the manufacturer has 
reasonable assurance that sale was or will be made to ultimate 
purchasers in the United States, excluding engines and/or vehicles that 
are certified to state emission standards different than the emission 
standards in this part.
    Useful life means:
    (1) For light-duty vehicles, and for light light-duty trucks not 
subject to the Tier 0 standards of Sec. 86.094-9(a), intermediate 
useful life and/or full useful life. Intermediate useful life is a 
period of use of 5 years or 50,000 miles, whichever occurs first. Full 
useful life is a period of use of 10 years or 100,000 miles, whichever 
occurs first, except as otherwise noted in Sec. 86.094-9. The useful 
life of evaporative and/or refueling emission control systems on the 
portion of these vehicles subject to the evaporative emission test 
requirements of Sec. 86.130-96, and/or the refueling emission test 
requirements of Sec. 86.151-98, is defined as a period of use of 10 
years or 100,000 miles, whichever occurs first.
    (2) For light light-duty trucks subject to the Tier 0 standards of 
Sec. 86.094-9(a), and for heavy light-duty truck engine families, 
intermediate and/or full useful life. Intermediate useful life is a 
period of use of 5 years or 50,000 miles, whichever occurs first. Full 
useful life is a period of use of 11 years or 120,000 miles, whichever 
occurs first. The useful life of evaporative emission and/or refueling 
control systems on the portion of these vehicles subject to the 
evaporative emission test requirements of Sec. 86.130-96, and/or the 
refueling emission test requirements of Sec. 86.151-98, is also defined 
as a period of 11 years or 120,000 miles, whichever occurs first.
    (3) For an Otto-cycle HDE family:
    (i) For hydrocarbon and carbon monoxide standards, a period of use 
of 10 years or 110,000 miles, whichever first occurs.
    (ii) For the oxides of nitrogen standard, a period of use of 10 
years or 110,000 miles, whichever first occurs.
    (iii) For the portion of evaporative emission control systems 
subject to the evaporative emission test requirements of Sec. 86.1230-
96, a period of use of 10 years or 110,000 miles, whichever first 
occurs.
    (4) For a diesel HDE family:

[[Page 178]]

    (i) For light heavy-duty diesel engines, for carbon monoxide, 
particulate, and oxides of nitrogen plus non-methane hydrocarbons 
emissions standards, a period of use of 10 years or 110,000 miles, 
whichever first occurs.
    (ii) For medium heavy-duty diesel engines, for carbon monoxide, 
particulate, and oxides of nitrogen plus non-methane hydrocarbons 
emission standards, a period of use of 10 years or 185,000 miles, 
whichever first occurs.
    (iii) For heavy heavy-duty diesel engines, for carbon monoxide, 
particulate, and oxides of nitrogen plus non-methane hydrocarbon 
emissions standards, a period of use of 10 years or 435,000 miles, or 
22,000 hours, whichever first occurs, except as provided in paragraphs 
(4)(iv) and (4)(v) of this definition.
    (iv) The useful life limit of 22,000 hours in paragraph (4)(iii) of 
this definition is effective as a limit to the useful life only when an 
accurate hours meter is provided by the manufacturer with the engine and 
only when such hours meter can reasonably be expected to operate 
properly over the useful life of the engine.
    (v) For an individual engine, if the useful life hours limit of 
22,000 hours is reached before the engine reaches 10 years or 100,000 
miles, the useful life shall become 10 years or 100,000 miles, whichever 
occurs first, as required under Clean Air Act section 202(d).
    (5) As an option for both light-duty trucks under certain conditions 
and HDE families, an alternative useful life period may be assigned by 
the Administrator under the provisions of Sec. 86.094-21(f).
    Warranty period, for purposes of HDE emissions defect warranty and 
emissions performance warranty, shall be a period of 5 years/50,000 
miles, whichever occurs first, for Otto-cycle HDEs and light heavy-duty 
diesel engines. For all other heavy-duty diesel engines the 
aforementioned period shall be 5 years/100,000 miles, whichever occurs 
first. However, in no case may this period be less than the basic 
mechanical warranty period that the manufacturer provides (with or 
without additional charge) to the purchaser of the engine. Extended 
warranties on select parts do not extend the emissions warranty 
requirements for the entire engine but only for those parts. In cases 
where responsibility for an extended warranty is shared between the 
owner and the manufacturer, the emissions warranty shall also be shared 
in the same manner as specified in the warranty agreement.

[62 FR 54720, Oct. 21, 1997, as amended at 65 FR 59945, Oct. 6, 2000; 66 
FR 5159, Jan. 18, 2001]



Sec. 86.004-9  Emission standards for 2004 and later model year 
light-duty trucks.

    Section 86.004-9 includes text that specifies requirements that 
differ from Sec. 86.097-9, Sec. 86.099-9, Sec. 86.000-9 or Sec. 
86.001-9. Where a paragraph in Sec. 86.097-9, Sec. 86.099-9, Sec. 
86.000-9 or Sec. 86.001-9 is identical and applicable to Sec. 86.004-
9, this may be indicated by specifying the corresponding paragraph and 
the statement ``[Reserved]. For guidance see Sec. 86.097-9.'' or 
``[Reserved]. For guidance see Sec. 86.099-9.'' or ``[Reserved]. For 
guidance see Sec. 86.000-9.'' or ``[Reserved]. For guidance see Sec. 
86.001-9.''
    (a)(1) introductory text through (a)(1)(iii) [Reserved]. For 
guidance see Sec. 86.097-9.
    (a)(1)(iv)-(b)(4) [Reserved]. For guidance see Sec. 86.099-9.
    (b)(5) [Reserved]
    (b)(6) [Reserved]. For guidance see Sec. 86.001-9.
    (c) [Reserved]. For guidance see Sec. 86.097-9.
    (d) Refueling emissions from 2004 and later model year gasoline-
fueled and methanol-fueled Otto-cycle and petroleum-fueled and methanol-
fueled diesel-cycle light-duty trucks shall not exceed the following 
standards. The standards apply equally to certification and in-use 
vehicles.
    (d)(1)-(d)(2)(ii) [Reserved]. For guidance see Sec. 86.001-9.
    (d)(2)(iii) Heavy-duty vehicles certified as light-duty trucks under 
the provisions of Sec. 86.085-1 shall comply with the provisions of 
Sec. 86.001-9 (d)(1)(i) and (ii).
    (3)(i) All light-duty trucks of a GVWR equal to 6,000 pounds or less 
(100%) must meet the refueling emission standard.

[[Page 179]]

    (ii) A minimum of the percentage shown in table A04-09 of a 
manufacturer's sales of the applicable model year's gasoline- and 
methanol-fueled Otto-cycle and petroleum-fueled and methanol-fueled 
diesel-cycle light-duty trucks of 6,001 to 8,500 pounds GVWR shall be 
tested under the procedures in subpart B of this part indicated for 2004 
and later model years, and shall not exceed the standards described in 
Sec. 86.001-9 (d)(1). Vehicles certified in accordance with Sec. 
86.001-9 (d)(2)(ii), as determined by the provisions of Sec. 86.001-
28(g), shall not be counted in the calculation of the percentage of 
compliance:

  Table A04-09--Implementation Schedule for Light-Duty Truck Refueling
                            Emission Testing
------------------------------------------------------------------------
                                                                Sales
                         Model year                           percentage
------------------------------------------------------------------------
2004.......................................................           40
2005.......................................................           80
2006 and subsequent........................................          100
------------------------------------------------------------------------

    (e) [Reserved]. For guidance see Sec. 86.000-9.
    (f) [Reserved]
    (g)-(k) [Reserved]. For guidance see Sec. 86.097-9.

[61 FR 54889, Oct. 22, 1996]



Sec. 86.004-11  Emission standards for 2004 and later model year 
diesel heavy-duty engines and vehicles.

    This section applies to 2004 and later model year diesel HDEs.
    (a)(1) Exhaust emissions from new 2004 and later model year diesel 
HDEs shall not exceed the following:
    (i)(A) Oxides of Nitrogen plus Non-methane Hydrocarbons 
(NOX +NMHC) for engines fueled with either petroleum fuel, 
natural gas, or liquefied petroleum gas, 2.4 grams per brake horsepower-
hour (0.89 gram per megajoule), as measured under transient operating 
conditions.
    (B) Oxides of Nitrogen plus Non-methane Hydrocarbon Equivalent 
(NOX+NMHCE) for engines fueled with methanol, 2.4 grams per 
brake horsepower-hour (0.89 gram per megajoule), as measured under 
transient operating conditions.
    (C) Optional standard. Manufacturers may elect to certify to an 
Oxides of Nitrogen plus Non-methane Hydrocarbons (or equivalent for 
methanol-fueled engines) standard of 2.5 grams per brake horsepower-hour 
(0.93 gram per megajoule), as measured under transient operating 
conditions, provided that Non-methane Hydrocarbons (or equivalent for 
methanol-fueled engines) do not exceed 0.5 grams per brake horsepower-
hour (0.19 gram per megajoule) NMHC (or NMHCE for methanol-fueled 
engines), as measured under transient operating conditions.
    (D) A manufacturer may elect to include any or all of its diesel HDE 
families in any or all of the emissions ABT programs for HDEs, within 
the restrictions described in Sec. 86.004-15 or superseding applicable 
sections. If the manufacturer elects to include engine families in any 
of these programs, the NOX plus NMHC (or NOX plus 
NMHCE for methanol-fueled engines) FELs may not exceed 4.5 grams per 
brake horsepower-hour (1.7 grams per megajoule). This ceiling value 
applies whether credits for the family are derived from averaging, 
banking, or trading programs. Additionally, families certified to the 
optional standard contained in paragraph (a)(1)(i)(C) of this section 
shall not exceed 0.50 grams per brake horsepower-hour (0.19 gram per 
megajoule) NMHC (or NMHCE for methanol-fueled engines) through the use 
of credits.
    (E) [Reserved]
    (ii) Carbon monoxide. (A) 15.5 grams per brake horsepower-hour (5.77 
grams per megajoule), as measured under transient operating conditions.
    (B) 0.50 percent of exhaust gas flow at curb idle (methanol-, 
natural gas-, and liquefied petroleum gas-fueled diesel HDEs only).
    (iii) Particulate. (A) For diesel engines to be used in urban buses, 
0.05 gram per brake horsepower-hour (0.019 gram per megajoule) for 
certification testing and selective enforcement audit testing, and 0.07 
gram per brake horsepower-hour (0.026 gram per megajoule) for in-use 
testing, as measured under transient operating conditions.
    (B) For all other diesel engines, 0.10 gram per brake horsepower-
hour (0.037 gram per megajoule), as measured under transient operating 
conditions.

[[Page 180]]

    (C) A manufacturer may elect to include any or all of its diesel HDE 
families in any or all of the particulate ABT programs for HDEs, within 
the restrictions described in Sec. 86.004-15 or superseding applicable 
sections. If the manufacturer elects to include engine families in any 
of these programs, the particulate FEL may not exceed 0.25 gram per 
brake horsepower-hour (0.093 gram per megajoule).
    (2) The standards set forth in paragraph (a)(1) of this section 
refer to the exhaust emitted over the operating schedule set forth in 
paragraph (f)(2) of appendix I to this part, and measured and calculated 
in accordance with the procedures set forth in subpart N or P of this 
part, except as noted in Sec. 86.098-23(c)(2) or superceding sections.
    (b)(1) The opacity of smoke emission from new 2004 and later model 
year diesel HDEs shall not exceed:
    (i) 20 percent during the engine acceleration mode.
    (ii) 15 percent during the engine lugging mode.
    (iii) 50 percent during the peaks in either mode.
    (2) The standards set forth in paragraph (b)(1) of this section 
refer to exhaust smoke emissions generated under the conditions set 
forth in subpart I of this part and measured and calculated in 
accordance with those procedures.
    (3) Evaporative emissions (total of non-oxygenated hydrocarbons plus 
methanol) from heavy-duty vehicles equipped with methanol-fueled diesel 
engines shall not exceed the following standards. The standards apply 
equally to certification and in-use vehicles. The spitback standard also 
applies to newly assembled vehicles.
    (i) For vehicles with a Gross Vehicle Weight Rating of up to 14,000 
lbs:
    (A)(1) For the full three-diurnal test sequence described in Sec. 
86.1230-96, diurnal plus hot soak measurements: 3.0 grams per test.
    (2) For the supplemental two-diurnal test sequence described in 
Sec. 86.1230-96, diurnal plus hot soak measurements: 3.5 grams per 
test.
    (B) Running loss test: 0.05 grams per mile.
    (C) Fuel dispensing spitback test: 1.0 gram per test.
    (ii) For vehicles with a Gross Vehicle Weight Rating of greater than 
14,000 lbs:
    (A)(1) For the full three-diurnal test sequence described in Sec. 
86.1230-96, diurnal plus hot soak measurements: 4.0 grams per test.
    (2) For the supplemental two-diurnal test sequence described in 
Sec. 86.1230-96, diurnal plus hot soak measurements: 4.5 grams per 
test.
    (B) Running loss test: 0.05 grams per mile.
    (iii)(A) For vehicles with a Gross Vehicle Weight Rating of up to 
26,000 lbs, the standards set forth in paragraph (b)(3) of this section 
refer to a composite sample of evaporative emissions collected under the 
conditions and measured in accordance with the procedures set forth in 
subpart M of this part. For certification vehicles only, manufacturers 
may conduct testing to quantify a level of nonfuel background emissions 
for an individual test vehicle. Such a demonstration must include a 
description of the source(s) of emissions and an estimated decay rate. 
The demonstrated level of nonfuel background emissions may be subtracted 
from emission test results from certification vehicles if approved in 
advance by the Administrator.
    (B) For vehicles with a Gross Vehicle Weight Rating of greater than 
26,000 lbs., the standards set forth in paragraph (b)(3)(ii) of this 
section refer to the manufacturer's engineering design evaluation using 
good engineering practice (a statement of which is required in Sec. 
86.091-23(b)(4)(ii)).
    (iv) All fuel vapor generated during in-use operations shall be 
routed exclusively to the evaporative control system (e.g., either 
canister or engine purge). The only exception to this requirement shall 
be for emergencies.
    (4) Evaporative emissions from 2004 and later model year heavy-duty 
vehicles equipped with natural gas-fueled or liquefied petroleum gas-
fueled HDEs shall not exceed the following standards. The standards 
apply equally to certification and in-use vehicles.
    (i) For vehicles with a Gross Vehicle Weight Rating of up to 14,000 
pounds for the full three-diurnal test sequence described in Sec. 
86.1230-96, diurnal plus

[[Page 181]]

hot soak measurements: 3.0 grams per test.
    (ii) For vehicles with a Gross Vehicle Weight Rating of greater than 
14,000 pounds for the full three-diurnal test sequence described in 
Sec. 86.1230-96, diurnal plus hot soak measurements: 4.0 grams per 
test.
    (iii)(A) For vehicles with a Gross Vehicle Weight Rating of up to 
26,000 pounds, the standards set forth in paragraph (b)(4) of this 
section refer to a composite sample of evaporative emissions collected 
under the conditions set forth in subpart M of this part and measured in 
accordance with those procedures.
    (B) For vehicles with a Gross Vehicle Weight Rating greater than 
26,000 pounds, the standards set forth in paragraphs (b)(3)(ii) and 
(b)(4)(ii) of this section refer to the manufacturer's engineering 
design evaluation using good engineering practice (a statement of which 
is required in Sec. 86.091-23(b)(4)(ii)).
    (c) No crankcase emissions shall be discharged into the ambient 
atmosphere from any new 2004 or later model year methanol-, natural gas-
, or liquefied petroleum gas-fueled diesel, or any naturally-aspirated 
diesel HDE. For petroleum-fueled engines only, this provision does not 
apply to engines using turbochargers, pumps, blowers, or superchargers 
for air induction.
    (d) Every manufacturer of new motor vehicle engines subject to the 
standards prescribed in this section shall, prior to taking any of the 
actions specified in section 203(a)(1) of the Act, test or cause to be 
tested motor vehicle engines in accordance with applicable procedures in 
subpart I or N of this part to ascertain that such test engines meet the 
requirements of this section.
    (e) The standards described in this section do not apply to diesel-
fueled medium-duty passenger vehicles (MDPVs) that are subject to 
regulation under subpart S of this part, except as specified in subpart 
S of this part. The standards described in this section also do not 
apply to diesel engines used in such MDPVs, except as specified in the 
regulations in subpart S of this part. The term ``medium-duty passenger 
vehicle'' is defined in Sec. 86.1803.

[62 FR 54721, Oct. 21, 1997, as amended at 65 FR 6848, Feb. 10, 2000; 65 
FR 59945, Oct. 6, 2000]



Sec. 86.004-15  NOX plus NMHC and particulate averaging, trading, and 
banking for heavy-duty engines.

    (a)(1) Heavy-duty engines eligible for NOX plus NMHC and 
particulate averaging, trading and banking programs are described in the 
applicable emission standards sections in this subpart. All heavy-duty 
engine families which include any engines labeled for use in clean-fuel 
vehicles as specified in 40 CFR part 88 are not eligible for these 
programs. For manufacturers not selecting Options 1 or 2 contained in 
Sec. 86.005-10(f), the ABT program requirements contained in Sec. 
86.000-15 apply for 2004 model year Otto-cycle engines, rather than the 
provisions contained in this Sec. 86.004-15. Participation in these 
programs is voluntary.
    (2)(i) Engine families with FELs exceeding the applicable standard 
shall obtain emission credits in a mass amount sufficient to address the 
shortfall. Credits may be obtained from averaging, trading, or banking, 
within the averaging set restrictions described in this section.
    (ii) Engine families with FELs below the applicable standard will 
have emission credits available to average, trade, bank or a combination 
thereof. Credits may not be used for averaging or trading to offset 
emissions that exceed an FEL. Credits may not be used to remedy an in-
use nonconformity determined by a Selective Enforcement Audit or by 
recall testing. However, credits may be used to allow subsequent 
production of engines for the family in question if the manufacturer 
elects to recertify to a higher FEL.
    (b) Participation in the NOX plus NMHC and/or particulate 
averaging, trading, and banking programs shall be done as follows:
    (1) During certification, the manufacturer shall:
    (i) Declare its intent to include specific engine families in the 
averaging, trading and/or banking programs. Separate declarations are 
required for each

[[Page 182]]

program and for each pollutant (i.e., NOX plus NMHC, and 
particulate).
    (ii) Declare an FEL for each engine family participating in one or 
more of these two programs.
    (A) The FEL must be to the same level of significant digits as the 
emission standard (one-tenth of a gram per brake horsepower-hour for 
NOX plus NMHC emissions and one-hundredth of a gram per brake 
horsepower-hour for particulate emissions).
    (B) In no case may the FEL exceed the upper limit prescribed in the 
section concerning the applicable heavy-duty engine NOX plus 
NMHC and particulate emission standards.
    (iii) Calculate the projected emission credits (positive or 
negative) based on quarterly production projections for each 
participating family and for each pollutant, using the applicable 
equation in paragraph (c) of this section and the applicable factors for 
the specific engine family.
    (iv)(A) Determine and state the source of the needed credits 
according to quarterly projected production for engine families 
requiring credits for certification.
    (B) State where the quarterly projected credits will be applied for 
engine families generating credits.
    (C) Credits may be obtained from or applied to only engine families 
within the same averaging set as described in paragraph (d) or (e) of 
this section. Credits available for averaging, trading, or banking as 
defined in Sec. 86.090-2, may be applied exclusively to a given engine 
family, or reserved as defined in Sec. 86.091-2.
    (2) Based on this information each manufacturer's certification 
application must demonstrate:
    (i) That at the end of model year production, each engine family has 
a net emissions credit balance of zero or more using the methodology in 
paragraph (c) of this section with any credits obtained from averaging, 
trading or banking.
    (ii) The source of the credits to be used to comply with the 
emission standard if the FEL exceeds the standard, or where credits will 
be applied if the FEL is less than the emission standard. In cases where 
credits are being obtained, each engine family involved must state 
specifically the source (manufacturer/engine family) of the credits 
being used. In cases where credits are being generated/supplied, each 
engine family involved must state specifically the designated use 
(manufacturer/engine family or reserved) of the credits involved. All 
such reports shall include all credits involved in averaging, trading or 
banking.
    (3) During the model year manufacturers must:
    (i) Monitor projected versus actual production to be certain that 
compliance with the emission standards is achieved at the end of the 
model year.
    (ii) Provide the end-of-model year reports required under Sec. 
86.001-23.
    (iii) For manufacturers participating in emission credit trading, 
maintain the quarterly records required under Sec. 86.091-7(c)(8).
    (4) Projected credits based on information supplied in the 
certification application may be used to obtain a certificate of 
conformity. However, any such credits may be revoked based on review of 
end-of-model year reports, follow-up audits, and any other compliance 
measures deemed appropriate by the Administrator.
    (5) Compliance under averaging, banking, and trading will be 
determined at the end of the model year. Engine families without an 
adequate amount of NOX. NOX plus NMHC, and/or 
particulate emission credits will violate the conditions of the 
certificate of conformity. The certificates of conformity may be voided 
ab initio for engine families exceeding the emission standard.
    (6) If EPA or the manufacturer determines that a reporting error 
occurred on an end-of-year report previously submitted to EPA under this 
section, the manufacturer's credits and credit calculations will be 
recalculated. Erroneous positive credits will be void. Erroneous 
negative balances may be adjusted by EPA for retroactive use.
    (i) If EPA review of a manufacturer's end-of-year report indicates a 
credit shortfall, the manufacturer will be permitted to purchase the 
necessary credits to bring the credit balance for that engine family to 
zero, using the discount specified in paragraph (c)(1) of

[[Page 183]]

this section on the ratio of credits purchased for every credit needed 
to bring the balance to zero. If sufficient credits are not available to 
bring the credit balance for the family in question to zero, EPA may 
void the certificate for that engine family ab initio.
    (ii) If within 180 days of receipt of the manufacturer's end-of-year 
report, EPA review determines a reporting error in the manufacturer's 
favor (i.e., resulting in a positive credit balance) or if the 
manufacturer discovers such an error within 180 days of EPA receipt of 
the end-of-year report, the credits will be restored for use by the 
manufacturer.
    (c)(1) For each participating engine family, NOX plus 
NMHC, and particulate emission credits (positive or negative) are to be 
calculated according to one of the following equations and rounded, in 
accordance with ASTM E29-93a (incorporated by reference at Sec. 86.1), 
to the nearest one-tenth of a Megagram (Mg). Consistent units are to be 
used throughout the equation.
    (i) For determining credit need for all engine families and credit 
availability for engine families generating credits for averaging 
programs only:

Emission credits = (Std - FEL) x (CF) x (UL) x (Production) x 
    (10-6)

    (ii) For determining credit availability for engine families 
generating credits for trading or banking programs:

Emission credits = (Std - FEL) x (CF) x (UL) x (Production) x 
    (10-6) x (Discount)

    (iii) For purposes of the equation in paragraphs (c)(1)(i) and (ii) 
of this section:

Std = the current and applicable heavy-duty engine NOX plus 
NMHC or particulate emission standard in grams per brake horsepower hour 
or grams per Megajoule.
FEL = the NOX plus NMHC, or particulate family emission limit 
for the engine family in grams per brake horsepower hour or grams per 
Megajoule.
CF = a transient cycle conversion factor in BHP-hr/mi or MJ/mi, as given 
in paragraph (c)(2) of this section.
UL = the useful life described in Sec. 86.004-2, or alternative life as 
described in Sec. 86.004-21(f), for the given engine family in miles.
Production = the number of engines produced for U.S. sales within the 
given engine family during the model year. Quarterly production 
projections are used for initial certification. Actual production is 
used for end-of-year compliance determination.
Discount = a one-time discount applied to all credits to be banked or 
traded within the model year generated. Except as otherwise allowed in 
paragraphs (k) and (l) of this section, the discount applied here is 
0.9. Banked credits traded in a subsequent model year will not be 
subject to an additional discount. Banked credits used in a subsequent 
model year's averaging program will not have the discount restored.

    (2)(i) The transient cycle conversion factor is the total 
(integrated) cycle brake horsepower-hour or Megajoules, divided by the 
equivalent mileage of the applicable transient cycle. For Otto-cycle 
heavy-duty engines, the equivalent mileage is 6.3 miles. For diesel 
heavy-duty engines, the equivalent mileage is 6.5 miles.
    (ii) When more than one configuration is chosen by EPA to be tested 
in the certification of an engine family (as described in Sec. 86.085-
24), the conversion factor used is to be based upon a production 
weighted average value of the configurations in an engine family to 
calculate the conversion factor.
    (d) Averaging sets for NOX plus NMHC emission credits. The averaging 
and trading of NOX plus NMHC emission credits will only be 
allowed between heavy-duty engine families in the same averaging set. 
The averaging sets for the averaging and trading of NOX plus 
NMHC emission credits for heavy-duty engines are defined as follows:
    (1) For NOX+NMHC credits from Otto-cycle heavy-duty 
engines:
    (i) Otto-cycle heavy-duty engines constitute an averaging set. 
Averaging and trading among all Otto-cycle heavy-duty engine families is 
allowed. There are no subclass restrictions.
    (ii) Otto-cycle heavy-duty vehicles certified under the chassis-
based provisions of subpart S of this part may not average or trade with 
heavy-duty Otto-cycle engines except as allowed in Sec. 86.1817-05(o).
    (2) For NOX plus NMHC credits from diesel-cycle heavy-
duty engines:
    (i) Each of the three primary intended service classes for heavy-
duty diesel engines, as defined in Sec. 86.004-2, constitute an 
averaging set. Averaging

[[Page 184]]

and trading among all diesel-cycle engine families within the same 
primary service class is allowed.
    (ii) Urban buses are treated as members of the primary intended 
service class where they otherwise would fall.
    (e) Averaging sets for particulate emission credits. The averaging 
and trading of particulate emission credits will only be allowed between 
diesel cycle heavy-duty engine families in the same averaging set. The 
averaging sets for the averaging and trading of particulate emission 
credits for diesel cycle heavy-duty engines are defined as follows:
    (1) Engines intended for use in urban buses constitute a separate 
averaging set from all other heavy-duty engines. Averaging and trading 
between diesel cycle bus engine families is allowed.
    (2) For heavy-duty engines, exclusive of urban bus engines, each of 
the three primary intended service classes for heavy-duty diesel cycle 
engines, as defined in Sec. 86.004-2, constitute an averaging set. 
Averaging and trading between diesel-cycle engine families within the 
same primary service class is allowed.
    (3) Otto cycle engines may not participate in particulate averaging, 
trading, or banking.
    (f) Banking of NOX plus NMHC, and particulate emission credits--(1) 
Credit deposits. (i) NOX plus NMHC, and particulate emission 
credits may be banked from engine families produced in any model year.
    (ii) Manufacturers may bank credits only after the end of the model 
year and after actual credits have been reported to EPA in the end-of-
year report. During the model year and before submittal of the end-of-
year report, credits originally designated in the certification process 
for banking will be considered reserved and may be redesignated for 
trading or averaging.
    (2) Credit withdrawals. (i) NOX plus NMHC and particulate 
credits generated in 2004 and later model years do not expire. 
NOX plus NMHC credits generated by Otto-cycle engines in the 
2003 model year for manufacturers selecting Option 1 contained in Sec. 
86.005-10(f)(1) also do not expire.
    (ii) Manufacturers withdrawing banked NOX plus NMHC, and/
or particulate credits shall indicate so during certification and in 
their credit reports, as described in Sec. 86.091-23.
    (3) Use of banked emission credits. The use of banked credits shall 
be within the averaging set and other restrictions described in 
paragraphs (d) and (e) of this section, and only for the following 
purposes:
    (i) Banked credits may be used in averaging, or in trading, or in 
any combination thereof, during the certification period. Credits 
declared for banking from the previous model year but not reported to 
EPA may also be used. However, if EPA finds that the reported credits 
can not be proven, they will be revoked and unavailable for use.
    (ii) Banked credits may not be used for NOX plus NMHC or 
particulate averaging and trading to offset emissions that exceed an 
FEL. Banked credits may not be used to remedy an in-use nonconformity 
determined by a Selective Enforcement Audit or by recall testing. 
However, banked credits may be used for subsequent production of the 
engine family if the manufacturer elects to recertify to a higher FEL.
    (iii) NOX credits banked under paragraph Sec. 86.098-
15(j) or Sec. 86.000-15(k) may be used in place of NOX plus 
NMHC credits in 2004 and later model years provided that they are used 
in the correct averaging set. NOX credits banked under 
paragraph Sec. 86.000-15(k) may also be used in place of NOX 
plus NMHC credits in the 2003 model year for manufacturers selecting 
Option 1 contained in Sec. 86.005-10(f)(1), provided that they are used 
in the correct averaging set.
    (iv) Except for early credits banked under Sec. 86.000-15(k), 
NOX credits banked in accordance with Sec. 86.000-15 may not 
be used to meet the Otto-cycle engine standards contained in Sec. 
86.005-10.
    (g)(1) This paragraph (g) assumes NOX plus NMHC, and 
particulate nonconformance penalties (NCPs) will be available for the 
2004 and later model year HDEs.
    (2) Engine families using NOX plus NMHC and/or 
particulate NCPs but not involved in averaging:
    (i) May not generate NOX plus NMHC or particulate credits 
for banking and trading.

[[Page 185]]

    (ii) May not use NOX plus NMHC or particulate credits 
from banking and trading.
    (3) If a manufacturer has any engine family to which application of 
NCPs and banking and trading credits is desired, that family must be 
separated into two distinct families. One family, whose FEL equals the 
standard, must use NCPs only while the other, whose FEL does not equal 
the standard, must use credits only.
    (4) If a manufacturer has any engine family in a given averaging set 
which is using NOX plus NMHC and/or particulate NCPs, none of 
that manufacturer's engine families in that averaging set may generate 
credits for banking and trading.
    (h) In the event of a negative credit balance in a trading 
situation, both the buyer and the seller would be liable.
    (i) Certification fuel used for credit generation must be of a type 
that is both available in use and expected to be used by the engine 
purchaser. Therefore, upon request by the Administrator, the engine 
manufacturer must provide information acceptable to the Administrator 
that the designated fuel is readily available commercially and would be 
used in customer service.
    (j) Credit apportionment. At the manufacturer's option, credits 
generated under the provisions described in this section may be sold to 
or otherwise provided to another party for use in programs other than 
the averaging, trading and banking program described in this section.
    (1) The manufacturer shall pre-identify two emission levels per 
engine family for the purposes of credit apportionment. One emission 
level shall be the FEL and the other shall be the level of the standard 
that the engine family is required to certify to under Sec. 86.005-10 
or Sec. 86.004-11. For each engine family, the manufacturer may report 
engine sales in two categories, ``ABT-only credits'' and 
``nonmanufacturer-owned credits''.
    (i) For engine sales reported as ``ABT-only credits'', the credits 
generated must be used solely in the ABT program described in this 
section.
    (ii) The engine manufacturer may declare a portion of engine sales 
``nonmanufacturer-owned credits'' and this portion of the credits 
generated between the standard and the FEL, based on the calculation in 
(c)(1) of this section, would belong to the engine purchaser. For ABT, 
the manufacturer may not generate any credits for the engine sales 
reported as ``nonmanufacturer-owned credits''. Engines reported as 
``nonmanufacturer-owned credits'' shall comply with the FEL and the 
requirements of the ABT program in all other respects.
    (2) Only manufacturer-owned credits reported as ``ABT-only credits'' 
shall be used in the averaging, trading, and banking provisions 
described in this section.
    (3) Credits shall not be double-counted. Credits used in the ABT 
program may not be provided to an engine purchaser for use in another 
program.
    (4) Manufacturers shall determine and state the number of engines 
sold as ``ABT-only credits'' and ``nonmanufacturer-owned credits'' in 
the end-of-model year reports required under Sec. 86.001-23.
    (k) Additional flexibility for diesel-cycle engines. If a diesel-
cycle engine family meets the conditions of either paragraph (k)(1) or 
(2) of this section, a Discount of 1.0 may be used in the trading and 
banking calculation, for both NOX plus NMHC and for 
particulate, described in paragraph (c)(1) of this section.
    (1) The engine family certifies with a certification level of 1.9 g/
bhp-hr NOX plus NMHC or lower for all diesel-cycle engine 
families.
    (2) All of the following must apply to the engine family:
    (i) Diesel-cycle engines only;
    (ii) 2004, 2005, and 2006 model years only;
    (iii) Must be an engine family using carry-over certification data 
from prior to model year 2004 where the NOX plus the HC 
certification level prior to model year 2004 is below the NOX 
plus NMHC or NOX plus NMHCE standard set forth in Sec. 
86.004-11. Under this option, the NOX credits generated from 
this engine family prior to model year 2004 may be used as 
NOX plus NMHC credits.
    (l) Additional flexibility for Otto-cycle engines. If an Otto-cycle 
engine family meets the conditions of paragraph (l)(1)

[[Page 186]]

or (2) of this section, a discount of 1.0 may be used in the trading and 
banking credits calculation for NOX plus NMHC described in 
paragraph (c)(1) of this section, as follows:
    (1) The engine family has a FEL of 0.5 g/bhp-hr NOX plus 
NMHC or lower;
    (2) All of the following conditions are met:
    (i) For first three consecutive model years that the engine family 
is certified to a NOX plus NMHC standard contained in Sec. 
86.005-10;
    (ii) The engine family is certified using carry-over data from an 
engine family which was used to generate early NOX credits 
per Sec. 86.000-15(k) where the sum of the NOX FEL plus the 
HC (or hydrocarbon equivalent where applicable) certification level is 
below 1.0 g/bhp-hr.

[62 FR 54722, Oct. 21, 1997, as amended at 65 FR 59946, Oct. 6, 2000]



Sec. 86.004-16  Prohibition of defeat devices.

    (a) No new heavy-duty vehicle or heavy-duty engine shall be equipped 
with a defeat device.
    (b) The Administrator may test or require testing on any vehicle or 
engine at a designated location, using driving cycles and conditions 
which may reasonably be expected to be encountered in normal operation 
and use, for the purpose of investigating a potential defeat device.
    (c) [Reserved]
    (d) For vehicle and engine designs designated by the Administrator 
to be investigated for possible defeat devices:
    (1) General. The manufacturer must show to the satisfaction of the 
Administrator that the vehicle or engine design does not incorporate 
strategies that reduce emission control effectiveness exhibited during 
the applicable Federal emissions test procedures when the vehicle or 
engine is operated under conditions which may reasonably be expected to 
be encountered in normal operation and use, unless one of the specific 
exceptions set forth in the definition of ``defeat device'' in Sec. 
86.004-2 has been met.
    (2) Information submissions required. The manufacturer will provide 
an explanation containing detailed information (including information 
which the Administrator may request to be submitted) regarding test 
programs, engineering evaluations, design specifications, calibrations, 
on-board computer algorithms, and design strategies incorporated for 
operation both during and outside of the applicable Federal emission 
test procedure.

[65 FR 59947, Oct. 6, 2000, as amended at 70 FR 40432, July 13, 2005]



Sec. 86.004-21  Application for certification.

    Section 86.004-21 includes text that specifies requirements that 
differ from Sec. 86.094-21 or Sec. 86.096-21. Where a paragraph in 
Sec. 86.094-21 or Sec. 86.096-21 is identical and applicable to Sec. 
86.004-21, this may be indicated by specifying the corresponding 
paragraph and the statement ``[Reserved]. For guidance see Sec. 86.094-
21.'' or ``[Reserved]. For guidance see Sec. 86.096-21.''.
    (a)-(b)(3) [Reserved]. For guidance see Sec. 86.094-21.
    (b)(4)(i) For light-duty vehicles and light-duty trucks, a 
description of the test procedures to be used to establish the 
evaporative emission and/or refueling emission deterioration factors, as 
appropriate, required to be determined and supplied in Sec. 86.001-
23(b)(2).
    (b)(4)(ii)-(b)(5)(iv) [Reserved]. For guidance see Sec. 86.094-21.
    (b)(5)(v) For light-duty vehicles and applicable light-duty trucks 
with non-integrated refueling emission control systems, the number of 
continuous UDDS cycles, determined from the fuel economy on the UDDS 
applicable to the test vehicle of that evaporative/ refueling emission 
family-emission control system combination, required to use a volume of 
fuel equal to 85% of fuel tank volume.
    (6) Participation in averaging programs--(i) Particulate averaging. 
(A) If the manufacturer elects to participate in the particulate 
averaging program for diesel light-duty vehicles and/or diesel light-
duty trucks or the particulate averaging program for heavy-duty diesel 
engines, the application must list the family particulate emission limit 
and the projected U.S. production volume of the family for the model 
year.
    (B) The manufacturer shall choose the level of the family 
particulate

[[Page 187]]

emission limits, accurate to hundredth of a gram per mile or hundredth 
of a gram per brake horsepowerhour for HDEs.
    (C) The manufacturer may at any time during production elect to 
change the level of any family particulate emission limit(s) by 
submitting the new limit(s) to the Administrator and by demonstrating 
compliance with the limit(s) as described in Sec. Sec. 86.090-2 and 
86.094-28(b)(5)(i).
    (ii) NOX and NOX plus NMHC averaging. (A) If the manufacturer elects 
to participate in the NOX averaging program for light-duty 
trucks or otto-cycle HDEs or the NOX plus NMHC averaging 
program for diesel-cycle HDEs, the application must list the family 
emission limit and the projected U.S. production volume of the family 
for the model year.
    (B) The manufacturer shall choose the level of the family emission 
limits, accurate to one-tenth of a gram per mile or to one-tenth of a 
gram per brake horsepower-hour for HDEs.
    (C) The manufacturer may at any time during production elect to 
change the level of any family emission limit(s) by submitting the new 
limits to the Administrator and by demonstrating compliance with the 
limit(s) as described in Sec. Sec. 86.088-2 and 86.094-28(b)(5)(ii).
    (b)(7) and (b)(8) [Reserved]. For guidance see Sec. 86.094-21.
    (b)(9) For each light-duty vehicle, light-duty truck, evaporative/
refueling emission family or heavy-duty vehicle evaporative emission 
family, a description of any unique procedures required to perform 
evaporative and/or refueling emission tests, as applicable, (including 
canister working capacity, canister bed volume, and fuel temperature 
profile for the running loss test) for all vehicles in that evaporative 
and/or evaporative/refueling emission family, and a description of the 
method used to develop those unique procedures.
    (10) For each light-duty vehicle or applicable light-duty truck 
evaporative/refueling emission family, or each heavy-duty vehicle 
evaporative emission family:
    (i) Canister working capacity, according to the procedures specified 
in Sec. 86.132-96(h)(1)(iv);
    (ii) Canister bed volume; and
    (iii) Fuel temperature profile for the running loss test, according 
to the procedures specified in Sec. 86.129-94(d).
    (c)-(j) [Reserved]. For guidance see Sec. 86.094-21.
    (k) and (l) [Reserved]. For guidance see Sec. 86.096-21.
    (m) For model years 2004 through 2007, within 180 days after 
submission of the application for certification of a heavy-duty diesel 
engine, the manufacturer must provide emission test results from the 
Load Response Test conducted according to Sec. 86.1380-2004, including, 
at a minimum, test results conducted at each of the speeds identified in 
Sec. 86.1380-2004. Load Response Test data submissions are not 
necessary for carry-over engine families for which Load Response Test 
data has been previously submitted. In addition, upon approval of the 
Administrator, manufacturers may carry Load Response Test data across 
from one engine family to other engine families, provided that the 
carry-across engine families use similar emission control technology 
hardware which would be expected to result in the generation of similar 
emission data when run over the Load Response Test.
    (n) Upon request from EPA, a manufacturer must provide to EPA any 
hardware (including scan tools), passwords, and/or documentation 
necessary for EPA to read, interpret, and store (in engineering units if 
applicable) any information broadcast by an engine's on-board computers 
and electronic control modules which relates in any way to emission 
control devices and auxiliary emission control devices, provided that 
such hardware, passwords, or documentation exists and is not otherwise 
commercially available. Passwords include any information necessary to 
enable generic scan tools or personal computers access to proprietary 
emission related information broadcast by an engine's on-board computer, 
if such passwords exist. This requirement includes access by EPA to any 
proprietary code information which may be broadcast by an engine's on-
board computer and electronic control modules. Information which is 
confidential business information must be marked as such. Engineering 
units refers to the

[[Page 188]]

ability to read, interpret, and store information in commonly understood 
engineering units, for example, engine speed in revolutions per minute 
or per second, injection timing parameters such as start of injection in 
degree's before top-dead center, fueling rates in cubic centimeters per 
stroke, vehicle speed in miles per hour or kilometers per hour. This 
paragraph (n) does not restrict EPA authority to take any action 
authorized by section 208 of the Clean Air Act.

[62 FR 54724, Oct. 21, 1997, as amended at 65 FR 59947, Oct. 6, 2000]



Sec. 86.004-25  Maintenance.

    Section 86.004-25 includes text that specifies requirements that 
differ from Sec. 86.094-25 or Sec. 86.098-25. Where a paragraph in 
Sec. 86.094-25 or Sec. 86.098-25 is identical and applicable to Sec. 
86.004-25, this may be indicated by specifying the corresponding 
paragraph and the statement ``[Reserved]. For guidance see Sec. 86.094-
25.'' or ``[Reserved]. For guidance see Sec. 86.098-25.''.
    (a)(1) Applicability. This section applies to light-duty vehicles, 
light-duty trucks, and HDEs.
    (2) Maintenance performed on vehicles, engines, subsystems, or 
components used to determine exhaust, evaporative or refueling emission 
deterioration factors, as appropriate, is classified as either emission-
related or non-emission-related and each of these can be classified as 
either scheduled or unscheduled. Further, some emission-related 
maintenance is also classified as critical emission-related maintenance.
    (b) Introductory text through (b)(3)(ii) [Reserved]. For guidance 
see Sec. 86.094-25.
    (b)(3)(iii) For otto-cycle heavy-duty engines, the adjustment, 
cleaning, repair, or replacement of the items listed in paragraphs 
(b)(3)(iii) (A)-(E) of this section shall occur at 50,000 miles (or 
1,500 hours) of use and at 50,000-mile (or 1,500-hour) intervals 
thereafter.
    (A) Positive crankcase ventilation valve.
    (B) Emission-related hoses and tubes.
    (C) Ignition wires.
    (D) Idle mixture.
    (E) Exhaust gas recirculation system related filters and coolers.
    (iv) For otto-cycle light-duty vehicles, light-duty trucks and otto-
cycle heavy-duty engines, the adjustment, cleaning, repair, or 
replacement of the oxygen sensor shall occur at 80,000 miles (or 2,400 
hours) of use and at 80,000-mile (or 2,400-hour) intervals thereafter.
    (v) For otto-cycle heavy-duty engines, the adjustment, cleaning, 
repair, or replacement of the items listed in paragraphs (b)(3)(v) (A)-
(H) of this section shall occur at 100,000 miles (or 3,000 hours) of use 
and at 100,000-mile (or 3,000-hour) intervals thereafter.
    (A) Catalytic converter.
    (B) Air injection system components.
    (C) Fuel injectors.
    (D) Electronic engine control unit and its associated sensors 
(except oxygen sensor) and actuators.
    (E) Evaporative emission canister.
    (F) Turbochargers.
    (G) Carburetors.
    (H) Exhaust gas recirculation system (including all related control 
valves and tubing) except as otherwise provided in paragraph 
(b)(3)(iii)(E) of this section.
    (b)(3)(vi)(A)-(b)(3)(vi)(D) [Reserved]. For guidance see Sec. 
86.094-25.
    (b)(3)(vi)(E)-(b)(3)(vi)(J) [Reserved]. For guidance see Sec. 
86.098-25.
    (4) For diesel-cycle light-duty vehicles, light-duty trucks, and 
HDEs, emission-related maintenance in addition to or at shorter 
intervals than that listed in paragraphs (b)(4) (i)-(iv) of this section 
will not be accepted as technologically necessary, except as provided in 
paragraph (b)(7) of this section.
    (i) For diesel-cycle heavy-duty engines, the adjustment, cleaning, 
repair, or replacement of the items listed in paragraphs (b)(4)(i) (A)-
(C) of this section shall occur at 50,000 miles (or 1,500 hours) of use 
and at 50,000-mile (or 1,500-hour) intervals thereafter.
    (A) Exhaust gas recirculation system related filters and coolers.
    (B) Positive crankcase ventilation valve.
    (C) Fuel injector tips (cleaning only).
    (ii) For diesel-cycle light-duty vehicles and light-duty trucks, the 
adjustment, cleaning, repair, or replacement of the positive crankcase 
ventilation

[[Page 189]]

valve shall occur at 50,000 miles of use and at 50,000-mile intervals 
thereafter.
    (iii) The adjustment, cleaning, repair, or replacement of items 
listed in paragraphs (b)(4)(iii) (A)-(G) of this section shall occur at 
100,000 miles (or 3,000 hours) of use and at 100,000-mile (or 3,000-
hour) intervals thereafter for light heavy-duty diesel engines, or, at 
150,000 miles (or 4,500 hours) intervals thereafter for medium and heavy 
heavy-duty diesel engines.
    (A) Fuel injectors.
    (B) Turbocharger.
    (C) Electronic engine control unit and its associated sensors and 
actuators.
    (D) Particulate trap or trap-oxidizer system (including related 
components).
    (E) Exhaust gas recirculation system (including all related control 
valves and tubing) except as otherwise provided in paragraph 
(b)(4)(i)(A) of this section.
    (F) Catalytic converter.
    (G) Any other add-on emissions-related component (i.e., a component 
whose sole or primary purpose is to reduce emissions or whose failure 
will significantly degrade emissions control and whose function is not 
integral to the design and performance of the engine.)
    (iv) For disel-cycle light-duty vehicles and light-duty trucks, the 
adjustment, cleaning, repair, or replacement shall occur at 100,000 
miles of use and at 100,000-mile intervals thereafter of the items 
listed in paragraphs (b)(4)(iv) (A)-(G) of this section.
    (A) Fuel injectors.
    (B) Turbocharger.
    (C) Electronic engine control unit and its associated sensors and 
actuators.
    (D) Particulate trap or trap-oxidizer system (including related 
components).
    (E) Exhaust gas recirculation system including all related filters 
and control valves.
    (F) Catalytic converter.
    (G) Superchargers.
    (5) [Reserved]
    (6)(i) The components listed in paragraphs (b)(6)(i) (A)-(H) of this 
section are currently defined as critical emission-related components.
    (A) Catalytic converter.
    (B) Air injection system components.
    (C) Electronic engine control unit and its associated sensors 
(including oxygen sensor if installed) and actuators.
    (D) Exhaust gas recirculation system (including all related filters, 
coolers, control valves, and tubing).
    (E) Positive crankcase ventilation valve.
    (F) Evaporative and refueling emission control system components 
(excluding canister air filter).
    (G) Particulate trap or trap-oxidizer system.
    (H) Any other add-on emissions-related component (i.e., a component 
whose sole or primary purpose is to reduce emissions or whose failure 
will significantly degrade emissions control and whose function is not 
integral to the design and performance of the engine.)
    (ii) All critical emission-related scheduled maintenance must have a 
reasonable likelihood of being performed in-use. The manufacturer shall 
be required to show the reasonable likelihood of such maintenance being 
performed in-use, and such showing shall be made prior to the 
performance of the maintenance on the durability data vehicle. Critical 
emission-related scheduled maintenance items which satisfy one of the 
conditions defined in paragraphs (b)(6)(ii) (A)-(F) of this section will 
be accepted as having a reasonable likelihood of the maintenance item 
being performed in-use.
    (A) Data are presented which establish for the Administrator a 
connection between emissions and vehicle performance such that as 
emissions increase due to lack of maintenance, vehicle performance will 
simultaneously deteriorate to a point unacceptable for typical driving.
    (B) Survey data are submitted which adequately demonstrate to the 
Administrator that, at an 80 percent confidence level, 80 percent of 
such engines already have this critical maintenance item performed in-
use at the recommended interval(s).
    (C) A clearly displayed visible signal system approved by the 
Administrator is installed to alert the vehicle driver that maintenance 
is due. A signal bearing the message ``maintenance needed''

[[Page 190]]

or ``check engine'', or a similar message approved by the Administrator, 
shall be actuated at the appropriate mileage point or by component 
failure. This signal must be continuous while the engine is in operation 
and not be easily eliminated without performance of the required 
maintenance. Resetting the signal shall be a required step in the 
maintenance operation. The method for resetting the signal system shall 
be approved by the Administrator. For HDEs, the system must not be 
designed to deactivate upon the end of the useful life of the engine or 
thereafter.
    (D) A manufacturer may desire to demonstrate through a survey that a 
critical maintenance item is likely to be performed without a visible 
signal on a maintenance item for which there is no prior in-use 
experience without the signal. To that end, the manufacturer may in a 
given model year market up to 200 randomly selected vehicles per 
critical emission-related maintenance item without such visible signals, 
and monitor the performance of the critical maintenance item by the 
owners to show compliance with paragraph (b)(6)(ii)(B) of this section. 
This option is restricted to two consecutive model years and may not be 
repeated until any previous survey has been completed. If the critical 
maintenance involves more than one engine family, the sample will be 
sales weighted to ensure that it is representative of all the families 
in question.
    (E) The manufacturer provides the maintenance free of charge, and 
clearly informs the customer that the maintenance is free in the 
instructions provided under Sec. 86.087-38.
    (F) Any other method which the Administrator approves as 
establishing a reasonable likelihood that the critical maintenance will 
be performed in-use.
    (iii) Visible signal systems used under paragraph (b)(6)(ii)(C) of 
this section are considered an element of design of the emission control 
system. Therefore, disabling, resetting, or otherwise rendering such 
signals inoperative without also performing the indicated maintenance 
procedure is a prohibited act under section 203(a)(3) of the Clean Air 
Act (42 U.S.C. 7522(a)(3)).
    (b)(7)-(h) [Reserved]. For guidance see Sec. 86.094-25.

[62 FR 54725, Oct. 21, 1997]



Sec. 86.004-26  Mileage and service accumulation; emission 
measurements.

    Section 86.004-26 includes text that specifies requirements that 
differ from Sec. 86.094-26, Sec. 86.095-26, Sec. 86.096-26, Sec. 
86.098-26, Sec. 86.000-26, or Sec. 86.001-26. Where a paragraph in 
Sec. 86.094-26, Sec. 86.095-26, Sec. 86.096-26, Sec. 86.098-26, 
Sec. 86.000-26 or Sec. 86.001-26 is identical and applicable to Sec. 
86.004-26, this may be indicated by specifying the corresponding 
paragraph and the statement ``[Reserved]. For guidance see Sec. 86.094-
26.'' or [Reserved]. For guidance see Sec. 86.095-26.'' or 
``[Reserved]. For guidance see Sec. 86.096-26.'' or ``[Reserved]. For 
guidance see Sec. 86.098-26.'' or ``[Reserved]. For guidance see Sec. 
86.000-26.'' or ``[Reserved]. For guidance see Sec. 86.001-26.''.
    (a)(1) [Reserved]. For guidance see Sec. 86.094-26.
    (a)(2)-(a)(3)(i)(A) [Reserved]. For guidance see Sec. 86.000-26.
    (a)(3)(i)(B) [Reserved]. For guidance see Sec. 86.094-26.
    (a)(3)(i)(C) [Reserved]. For guidance see Sec. 86.098-26.
    (a)(3)(i)(D)-(a)(3)(ii)(B) [Reserved]. For guidance see Sec. 
86.094-26.
    (a)(3)(ii)(C) [Reserved]. For guidance see Sec. 86.098-26.
    (a)(3)(ii)(D)-(a)(4)(i)(B)(4) [Reserved]. For guidance see Sec. 
86.094-26.
    (a)(4)(i)(C) [Reserved]. For guidance see Sec. 86.000-26.
    (a)(4)(i)(D)-(a)(6)(ii) [Reserved]. For guidance see Sec. 86.094-
26.
    (a)(6)(iii) [Reserved]. For guidance see Sec. 86.000-26.
    (a)(7)-(a)(9)(i) [Reserved]. For guidance see Sec. 86.094-26.
    (a)(9)(ii) [Reserved]. For guidance see Sec. 86.000-26.
    (a)(9)(iii)-(b)(2) introductory text [Reserved]. For guidance see 
Sec. 86.094-26.
    (b)(2)(i)-(b)(2)(ii) [Reserved]. For guidance see Sec. 86.000-26.
    (b)(2)(iii) [Reserved]. For guidance see Sec. 86.094-26.
    (b)(2)(iv) [Reserved]. For guidance see Sec. 86.001-26.
    (b)(3)-(b)(4)(i)(B) [Reserved]. For guidance see Sec. 86.094-26.
    (b)(4)(i)(C) [Reserved]. For guidance see Sec. 86.001-26.

[[Page 191]]

    (b)(4)(i)(D)-(b)(4)(ii)(B) [Reserved]. For guidance see Sec. 
86.095-26.
    (b)(4)(ii)(C) [Reserved]. For guidance see Sec. 86.001-26.
    (b)(4)(ii)(D) [Reserved]. For guidance see Sec. 86.095-26.
    (b)(4)(iii) [Reserved]
    (b)(4)(iv) [Reserved]. For guidance see Sec. 86.094-26.
    (c)(1) Paragraph (c) of this section applies to heavy-duty engines.
    (2) Two types of service accumulation are applicable to heavy-duty 
engines, as described in paragraphs (c)(2)(i) and (ii) of this section. 
For Otto-cycle heavy-duty engines exhaust emissions, the service 
accumulation method used by a manufacturer must be designed to 
effectively predict the deterioration of emissions in actual use over 
the full useful life of the of the candidate in-use vehicles and must 
cover the breadth of the manufacturer's product line that will be 
covered by the durability procedure. Manufacturers not selecting Options 
1 or 2 described in Sec. 86.005-10(f) may certify Otto-cycle engines 
using the provisions contained in Sec. 86.094-26(c)(2) rather than 
those contained in this paragraph (c)(2) for 2004 model year engine 
families certified using carry-over durability data, except for those 
engines used for early credit banking as allowed in Sec. 86.000-15(k).
    (i) Service accumulation on engines, subsystems, or components 
selected by the manufacturer under Sec. 86.094-24(c)(3)(i). The 
manufacturer determines the form and extent of this service 
accumulation, consistent with good engineering practice, and describes 
it in the application for certification.
    (ii) Dynamometer service accumulation on emission data engines 
selected under Sec. 86.094-24(b)(2) or (3). The manufacturer determines 
the engine operating schedule to be used for dynamometer service 
accumulation, consistent with good engineering practice. A single engine 
operating schedule shall be used for all engines in an engine family-
control system combination. Operating schedules may be different for 
different combinations.
    (3) Exhaust emission deterioration factors will be determined on the 
basis of the service accumulation described in Sec. 86.000-26(b)(2)(i) 
and related testing, according to the manufacturer's procedures.
    (4) The manufacturer shall determine, for each engine family, the 
number of hours at which the engine system combination is stabilized for 
emission-data testing. The manufacturer shall maintain, and provide to 
the Administrator if requested, a record of the rationale used in making 
this determination. The manufacturer may elect to accumulate 125 hours 
on each test engine within an engine family without making a 
determination. Any engine used to represent emission-data engine 
selections under Sec. 86.094-24(b)(2) shall be equipped with an engine 
system combination that has accumulated at least the number of hours 
determined under this paragraph. Complete exhaust emission tests shall 
be conducted for each emission-data engine selection under Sec. 86.094-
24(b)(2). Evaporative emission controls must be connected, as described 
in 40 CFR part 1065, subpart F. The Administrator may determine under 
Sec. 86.094-24(f) that no testing is required.
    (d)(1)-(d)(2)(i) [Reserved]. For guidance see Sec. 86.094-26.
    (d)(2)(ii) [Reserved]. For guidance see Sec. 86.000-26.
    (d)(3) [Reserved]. For guidance see Sec. 86.094-26.
    (d)(4)-(5) [Reserved].
    (d)(6) [Reserved]. For guidance see Sec. 86.094-26.

[65 FR 59947, Oct. 6, 2000, as amended at 70 FR 40432, July 13, 2005]



Sec. 86.004-28  Compliance with emission standards.

    Section 86.004-28 includes text that specifies requirements that 
differ from Sec. 86.094-28, Sec. 86.098-28, Sec. 86.000-28 or Sec. 
86.001-28. Where a paragraph in Sec. 86.094-28, Sec. 86.098-28, Sec. 
86.000-28 or Sec. 86.001-28 is identical and applicable to Sec. 
86.004-28, this may be indicated by specifying the corresponding 
paragraph and the statement ``[Reserved]. For guidance see Sec. 86.094-
28.'' or ``[Reserved]. For guidance see Sec. 86.098-28.'' or 
``[Reserved]. For guidance see Sec. 86.000-28.'' or ``[Reserved]. For 
guidance see Sec. 86.001-28.''
    (a)(1)-(a)(2) [Reserved. For guidance see Sec. 86.000-28.

[[Page 192]]

    (a)(3) [Reserved]. For guidance see Sec. 86.094-28.
    (a)(4) introductory text [Reserved]. For guidance see Sec. 86.098-
28.
    (a)(4)(i) [Reserved]. For guidance see Sec. 86.000-28.
    (a)(4)(i)(A)-(a)(4)(i)(B)(2)(i) [Reserved. For guidance see Sec. 
86.094-28.
    (a)(4)(i)(B)(2)(ii) [Reserved]. For guidance see Sec. 86.000-28.
    (a)(4)(i)(B)(2)(iii)-(a)(4)(i)(B)(2)(iv) [Reserved]. For guidance 
see Sec. 86.094-28.
    (a)(4)(i)(C)-(a)(4)(i)(D)(2) [Reserved]. For guidance see Sec. 
86.098-28.
    (a)(4)(ii)(A)(1)-(a)(4)(ii)(A)(2) [Reserved]. For guidance see Sec. 
86.000-28.
    (a)(4)(ii)(B)-(a)(4)(ii)(C) [Reserved]. For guidance see Sec. 
86.098-28.
    (a)(4)(iii) [Reserved]. For guidance see Sec. 86.000-28.
    (a)(4)(iv) [Reserved]. For guidance see Sec. 86.094-28.
    (a)(4)(v) [Reserved]. For guidance see Sec. 86.098-28.
    (a)(5)-(a)(6) [Reserved]. For guidance see Sec. 86.094-28.
    (a)(7) introductory text [Reserved]. For guidance see Sec. 86.098-
28.
    (a)(7)(i) [Reserved]. For guidance see Sec. 86.000-28.
    (a)(7)(ii) [Reserved]. For guidance see Sec. 86.094-28.
    (b)(1) This paragraph (b) applies to light-duty trucks.
    (2) Each exhaust, evaporative and refueling emission standard (and 
family emission limits, as appropriate) of Sec. 86.004-9 applies to the 
emissions of vehicles for the appropriate useful life as defined in 
Sec. Sec. 86.098-2 and 86.004-9.
    (b)(3)-(b)(4)(i) [Reserved]. For guidance see Sec. 86.094-28.
    (b)(4)(ii)-(b)(6) [Reserved]. For guidance see Sec. 86.000-28.
    (b)(7)(i)-(b)(9) [Reserved]. For guidance see Sec. 86.001-28.
    (c)(1) Paragraph (c) of this section applies to heavy-duty engines.
    (2) The applicable exhaust emission standards (or family emission 
limits, as appropriate) for Otto-cycle engines and for diesel-cycle 
engines apply to the emissions of engines for their useful life.
    (3) Since emission control efficiency generally decreases with the 
accumulation of service on the engine, deterioration factors will be 
used in combination with emission data engine test results as the basis 
for determining compliance with the standards.
    (4)(i) Paragraph (c)(4) of this section describes the procedure for 
determining compliance of an engine with emission standards (or family 
emission limits, as appropriate), based on deterioration factors 
supplied by the manufacturer. Deterioration factors shall be established 
using applicable emissions test procedures. NOX plus NMHC 
deterioration factors shall be established based on the sum of the 
pollutants. When establishing deterioration factors for NOX 
plus NMHC, a negative deterioration (emissions decrease from the 
official exhaust emissions test result) for one pollutant may not offset 
deterioration of the other pollutant. Where negative deterioration 
occurs for NOX and/or NMHC, the official exhaust emission 
test result shall be used for purposes of determining the NOX 
plus NMHC deterioration factor.
    (ii) Separate exhaust emission deterioration factors, determined 
from tests of engines, subsystems, or components conducted by the 
manufacturer, shall be supplied for each engine-system combination. For 
Otto-cycle engines, separate factors shall be established for transient 
NMHC (NMHCE), CO, NOX. NOX plus NMHC, and idle CO, 
for those engines utilizing aftertreatment technology (e.g., catalytic 
converters). For diesel-cycle engines, separate factors shall be 
established for transient NMHC (NMHCE), CO, NOX. 
NOX plus NMHC and exhaust particulate. For diesel-cycle smoke 
testing, separate factors shall also be established for the acceleration 
mode (designated as ``A''), the lugging mode (designated as ``B''), and 
peak opacity (designated as ``C'').
    (iii)(A) Paragraphs (c)(4)(iii)(A) (1) and (2) of this section apply 
to Otto-cycle HDEs.
    (1) Otto-cycle HDEs not utilizing aftertreatment technology (e.g., 
catalytic converters). For transient NMHC (NMHCE), CO, NOX. 
the official exhaust emission results for each emission data engine at 
the selected test point shall be adjusted by the addition of the 
appropriate deterioration factor. However, if the deterioration factor 
supplied by the manufacturer is less than

[[Page 193]]

zero, it shall be zero for the purposes of this paragraph.
    (2) Otto-cycle HDEs utilizing aftertreatment technology (e.g., 
catalytic converters). For transient NMHC (NMHCE), CO, NOX. 
and for idle CO, the official exhaust emission results for each emission 
data engine at the selected test point shall be adjusted by 
multiplication by the appropriate deterioration factor, except as 
otherwise provided in paragraph (c)(4)(iii)(A)(3) of this section. The 
deterioration factor must be calculated by dividing the exhaust 
emissions at full useful life by the stabilized mileage emission level 
(reference Sec. 86.096-26(c)(4), e.g., 125 hours). However, if the 
deterioration factor supplied by the manufacturer is less than one, it 
shall be one for purposes of this paragraph (c)(4)(iii)(A)(2).
    (3) An Otto-cycle heavy-duty engine manufacturer who believes that a 
deterioration factor derived using the calculation methodology described 
in paragraph (c)(4)(iii)(4)(A)(2) of this section are significantly 
unrepresentative for one or more engine families (either too high or too 
low) may petition the Administrator to allow for the use of an additive 
rather than a multiplicative deterioration factor. This petition must 
include full rationale behind the request together with any supporting 
data or other evidence. Based on this or other information the 
Administration may allow for an alternative procedure. Any petition 
should be submitted in a timely manner, to allow adequate time for a 
thorough evaluation. Manufacturers using an additive deterioration 
factor under this paragraph (c)(4)(iii)(A)(3) must perform in-use 
verification testing to determine if the additive deterioration factor 
reasonably predicts actual in-use emissions. The plan for the in-use 
verification testing must be approved by the Administrator as part of 
the approval process described in this paragraph (c)(4)(iii)(4)(A)(3) 
prior to the use of the additive deterioration factor. The Administrator 
may consider the results of the in-use verification testing both in 
certification and in-use compliance programs.
    (B) Paragraph (c)(4)(iii)(B) of this section applies to diesel-cycle 
HDEs.
    (1) Additive deterioration factor for exhaust emissions. Except as 
specified in paragraph (c)(4)(iii)(B)(2) of this section, use an 
additive deterioration factor for exhaust emissions. An additive 
deterioration factor for a pollutant is the difference between exhaust 
emissions at the end of the useful life and exhaust emissions at the 
low-hour test point. In these cases, adjust the official emission 
results for each tested engine at the selected test point by adding the 
factor to the measured emissions. If the factor is less than zero, use 
zero. Additive deterioration factors must be specified to one more 
decimal place than the applicable standard.
    (2) Multiplicative deterioration factor for exhaust emissions. Use a 
multiplicative deterioration factor if good engineering judgment calls 
for the deterioration factor for a pollutant to be the ratio of exhaust 
emissions at the end of the useful life to exhaust emissions at the low-
hour test point. For example, if you use aftertreatment technology that 
controls emissions of a pollutant proportionally to engine-out 
emissions, it is often appropriate to use a multiplicative deterioration 
factor. Adjust the official emission results for each tested engine at 
the selected test point by multiplying the measured emissions by the 
deterioration factor. If the factor is less than one, use one. A 
multiplicative deterioration factor may not be appropriate in cases 
where testing variability is significantly greater than engine-to-engine 
variability. Multiplicative deterioration factors must be specified to 
one more significant figure than the applicable standard.
    (3) Diesel-cycle HDEs only. For acceleration smoke (``A''), lugging 
smoke (``B''), and peak smoke (``C''), the official exhaust emission 
results for each emission data engine at the selected test point shall 
be adjusted by the addition of the appropriate deterioration factor. 
However, if the deterioration factor supplied by the manufacturer is 
less than zero, it shall be zero for the purposes of this paragraph.
    (4) The emission values to compare with the standards (or family 
emission limits, as appropriate) shall be the adjusted emission values 
of paragraph (c)(4)(iii) of this section, rounded to the

[[Page 194]]

same number of significant figures as contained in the applicable 
standard in accordance with ASTM E 29-93a (as referenced in Sec. 
86.094-28 (a)(4)(i)(B)(2)(ii)), for each emission data engine.
    (5) and (6) [Reserved]
    (7) Every test engine of an engine family must comply with all 
applicable standards (or family emission limits, as appropriate), as 
determined in paragraph (c)(4)(iv) of this section, before any engine in 
that family will be certified.
    (8) For the purposes of setting an NMHC plus NOX 
certification level or FEL for a diesel-fueled engine family, the 
manufacturer may use one of the following options for the determination 
of NMHC for an engine family. The manufacturer must declare which option 
is used in its application for certification of that engine family.
    (i) THC may be used in lieu of NMHC for the standards set forth in 
Sec. 86.004-11.
    (ii) The manufacturer may choose its own method to analyze methane 
with prior approval of the Administrator.
    (iii) The manufacturer may assume that two percent of the measured 
THC is methane (NMHC =0.98 x THC).
    (d)(1) Paragraph (d) of this section applies to heavy-duty vehicles 
equipped with gasoline-fueled or methanol-fueled engines.
    (2) The applicable evaporative emission standards in this subpart 
apply to the emissions of vehicles for their useful life.
    (3)(i) For vehicles with a GVWR of up to 26,000 pounds, because it 
is expected that emission control efficiency will change during the 
useful life of the vehicle, an evaporative emission deterioration factor 
shall be determined from the testing described in Sec. 86.098-23(b)(3) 
for each evaporative emission family-evaporative emission control system 
combination to indicate the evaporative emission control system 
deterioration during the useful life of the vehicle (minimum 50,000 
miles). The factor shall be established to a minimum of two places to 
the right of the decimal.
    (ii) For vehicles with a GVWR of greater than 26,000 pounds, because 
it is expected that emission control efficiency will change during the 
useful life of the vehicle, each manufacturer's statement as required in 
Sec. 86.098-23(b)(4)(ii) shall include, in accordance with good 
engineering practice, consideration of control system deterioration.
    (4) The evaporative emission test results, if any, shall be adjusted 
by the addition of the appropriate deterioration factor, provided that 
if the deterioration factor as computed in paragraph (d)(3) of this 
section is less than zero, that deterioration factor shall be zero for 
the purposes of this paragraph.
    (5) The emission level to compare with the standard shall be the 
adjusted emission level of paragraph (d)(4) of this section. Before any 
emission value is compared with the standard, it shall be rounded, in 
accordance with ASTM E 29-93a (as referenced in Sec. 86.094-28 
(a)(4)(i)(B)(2)(ii)), to two significant figures. The rounded emission 
values may not exceed the standard.
    (6) Every test vehicle of an evaporative emission family must comply 
with the evaporative emission standard, as determined in paragraph 
(d)(5) of this section, before any vehicle in that family may be 
certified.
    (e) [Reserved]
    (f)-(g)(3) [Reserved]. For guidance see Sec. 86.001-28.
    (g)(4) Vehicles certified to the refueling emission standard under 
this provision shall not be counted in the sales percentage compliance 
determinations for the 2004, 2005 and subsequent model years.
    (h) [Reserved]. For guidance see Sec. 86.001-28.
    (i) Emission results from heavy-duty engines equipped with exhaust 
aftertreatment may need to be adjusted to account for regeneration 
events. This provision only applies for engines equipped with emission 
controls that are regenerated on an infrequent basis. For the purpose of 
this paragraph (i), the term ``regeneration'' means an event during 
which emissions levels change while the aftertreatment performance is 
being restored by design. Examples of regenerations are increasing 
exhaust gas temperature to remove sulfur from an adsorber or increasing 
exhaust gas temperature to oxidize PM in a trap. For the purpose

[[Page 195]]

of this paragraph (i), the term ``infrequent'' means having an expected 
frequency of less than once per transient test cycle. Calculation and 
use of adjustment factors are described in paragraphs (i)(1)-(i)(5) of 
this section.
    (1) Development of adjustment factors. Manufacturers must develop 
separate pairs of adjustment factors (an upward adjustment factor and a 
downward adjustment factor) for each pollutant based on measured 
emission data and observed regeneration frequency. Adjustment factors 
may be carried-over to subsequent model years or carried-across to other 
engine families only where the Administrator determines that such carry-
over or carry-across is consistent with good engineering judgment. 
Adjustment factors should generally apply to an entire engine family, 
but manufacturers may develop separate adjustment factors for different 
engine configurations within an engine family. All adjustment factors 
for regeneration are additive.
    (2) Calculation of adjustment factors. The adjustment factors are 
calculated from the following parameters: the measured emissions from a 
test in which the regeneration occurs (EFH), the measured 
emissions from a test in which the regeneration does not occur 
(EFL), and the frequency of the regeneration event in terms 
of fraction of tests during which the regeneration occurs (F). The 
average emission rate (EFA) is calculated as:

EFA = (F)(EFH) + (1 - F)(EFL)

    (i) The upward adjustment factor (UAF) is calculated as: UAF = 
EFA - EFL.
    (ii) The downward adjustment factor (DAF) is calculated as: DAF = 
EFA - EFH.
    (3) Use of adjustment factors. Upward adjustment factors are added 
to measured emission rates for all tests in which the regeneration does 
not occur. Downward adjustment factors are added to measured emission 
rates for all tests in which the regeneration occurs. The occurrence of 
the regeneration must be identified in a manner that is readily apparent 
during all testing. Where no regeneration is identified, the upward 
adjustment factor shall be applied.
    (4) Sample calculation. If EFL is 0.10 g/bhp-hr, 
EFH is 0.50 g/bhp-hr, and F is 0.1 (i.e., the regeneration 
occurs once for each ten tests), then:

EFA = (0.1)(0.5 g/bhp-hr) + (1.0 - 0.1)(0.1 g/bhp-hr) = 0.14 
    g/bhp-hr
UAF = 0.14 g/bhp-hr - 0.10 g/bhp-hr = 0.04 g/bhp-hr
DAF = 0.14 g/bhp-hr - 0.50 g/bhp-hr = -0.36 g/bhp-hr

    (5) Options. (i) A manufacturer may elect to omit adjustment factors 
for one or more of its engine families (or configurations) because the 
effect of the regeneration is small, or because it is not practical to 
identify when regenerations occur. In these cases, no upward or downward 
adjustment factor shall be added, and the manufacturer is liable for 
compliance with the emission standards for all tests, without regard to 
whether a regeneration occurs.
    (ii) Upon request by the manufacturer, the Administrator may account 
for regeneration events differently than is provided in this paragraph 
(i). However, this option only applies for events that occur extremely 
infrequently, and which cannot be practically addressed using the 
adjustment factors described in this paragraph (i).

[61 FR 54890, Oct. 22, 1996, as amended at 62 FR 54726, Oct. 21, 1997; 
65 FR 59948, Oct. 6, 2000; 66 FR 5159, Jan. 18, 2001; 71 FR 31486, Aug. 
30, 2006]



Sec. 86.004-30  Certification.

    Section 86.004-30 includes text that specifies requirements that 
differ from Sec. Sec. 86.094-30, 86.095-30, 86.096-30, 86.098-30 or 
86.001-30. Where a paragraph in Sec. 86.094-30, Sec. 86.095-30, Sec. 
86.096-30, Sec. 86.098-30 or Sec. 86.001-30 is identical and 
applicable to Sec. 86.004-30, this may be indicated by specifying the 
corresponding paragraph and the statement ``[Reserved]. For guidance see 
Sec. 86.094-30.'' or ``[Reserved]. For guidance see Sec. 86.095-30.'' 
or ``[Reserved]. For guidance see Sec. 86.096-30.'' or ``[Reserved]. 
For guidance see Sec. 86.098-30.'' or ``[Reserved]. For guidance see 
Sec. 86.001-30.''.
    (a)(1) and (a)(2) [Reserved]. For guidance see Sec. 86.094-30.
    (a)(3)(i) One such certificate will be issued for each engine 
family. For gasoline-fueled and methanol-fueled light-duty vehicles and 
light-duty trucks,

[[Page 196]]

and petroleum-fueled diesel cycle light-duty vehicles and light-duty 
trucks not certified under Sec. 86.098-28(g), one such certificate will 
be issued for each engine family-evaporative/refueling emission family 
combination. Each certificate will certify compliance with no more than 
one set of in-use and certification standards (or family emission 
limits, as appropriate).
    (ii) For gasoline-fueled and methanol fueled heavy-duty vehicles, 
one such certificate will be issued for each manufacturer and will 
certify compliance for those vehicles previously identified in that 
manufacturer's statement(s) of compliance as required in Sec. 86.098-
23(b)(4) (i) and (ii).
    (iii) For diesel light-duty vehicles and light-duty trucks, or 
diesel HDEs, included in the applicable particulate averaging program, 
the manufacturer may at any time during production elect to change the 
level of any family particulate emission limit by demonstrating 
compliance with the new limit as described in Sec. 86.094-28(a)(6), 
Sec. 86.094-28(b)(5)(i), or Sec. 86.004-28(c)(5)(i). New certificates 
issued under this paragraph will be applicable only for vehicles (or 
engines) produced subsequent to the date of issuance.
    (iv) For light-duty trucks or HDEs included in the applicable 
NOX averaging program, the manufacturer may at any time 
during production elect to change the level of any family NOX 
emission limit by demonstrating compliance with the new limit as 
described in Sec. 86.094-28(b)(5)(ii) or Sec. 86.004-28(c)(5)(ii). New 
certificates issued under this paragraph will be applicable only for 
vehicles (or engines) produced subsequent to the day of issue.
    (4)(i) For exempt light-duty vehicles and light-duty trucks under 
the provisions of Sec. 86.094-8(j) or Sec. 86.094-9(j), an adjustment 
or modification performed in accordance with instructions provided by 
the manufacturer for the altitude where the vehicle is principally used 
will not be considered a violation of section 203(a)(3) of the Clean Air 
Act (42 U.S.C. 7522(a)(3)).
    (ii) A violation of section 203(a)(1) of the Clean Air Act (42 
U.S.C. 7522(a)(1)) occurs when a manufacturer sells or delivers to an 
ultimate purchaser any light-duty vehicle or light-duty truck, subject 
to the regulations under the Act, under any of the conditions specified 
in paragraph (a)(4)(ii) of this section.
    (A) When a light-duty vehicle or light-duty truck is exempted from 
meeting high-altitude requirements as provided in Sec. 86.090-8(h) or 
Sec. 86.094-9(h):
    (1) At a designated high-altitude location, unless such manufacturer 
has reason to believe that such vehicle will not be sold to an ultimate 
purchaser for principal use at a designated high-altitude location; or
    (2) At a location other than a designated high-altitude location, 
when such manufacturer has reason to believe that such motor vehicle 
will be sold to an ultimate purchaser for principal use at a designated 
high-altitude location.
    (B) When a light-duty vehicle or light-duty truck is exempted from 
meeting low-altitude requirements as provided in Sec. 86.094-8(i) or 
Sec. 86.094-9(i):
    (1) At a designated low-altitude location, unless such manufacturer 
has reason to believe that such vehicle will not be sold to an ultimate 
purchaser for principal use at a designated low-altitude location; or
    (2) At a location other than a designated low-altitude location, 
when such manufacturer has reason to believe that such motor vehicle 
will be sold to an ultimate purchaser for principal use at a designated 
low-altitude location.
    (a)(4)(iii) introductory text through (a)(4)(iii)(C) [Reserved]. For 
guidance see Sec. 86.094-30.
    (a)(4)(iv) introductory text [Reserved]. For guidance see Sec. 
86.095-30.
    (a)(4)(iv)(A)-(a)(9) [Reserved]. For guidance see Sec. 86.094-30.
    (10)(i) For diesel-cycle light-duty vehicle and diesel-cycle light-
duty truck families which are included in a particulate averaging 
program, the manufacturer's production-weighted average of the 
particulate emission limits of all engine families in a participating 
class or classes shall not exceed the applicable diesel-cycle 
particulate standard, or the composite particulate standard defined in 
Sec. 86.090-2 as appropriate, at the end of the model year, as 
determined in accordance with this part. The certificate shall be void 
ab initio

[[Page 197]]

for those vehicles causing the production-weighted FEL to exceed the 
particulate standard.
    (ii) For all heavy-duty diesel-cycle engines which are included in 
the particulate ABT programs under Sec. 86.098-15 or superseding ABT 
sections as applicable, the provisions of paragraphs (a)(10)(ii) (A)-(C) 
of this section apply.
    (A) All certificates issued are conditional upon the manufacturer 
complying with the provisions of Sec. 86.098-15 or superseding ABT 
sections as applicable and the ABT related provisions of other 
applicable sections, both during and after the model year production.
    (B) Failure to comply with all provisions of Sec. 86.098-15 or 
superseding ABT sections as applicable will be considered to be a 
failure to satisfy the conditions upon which the certificate was issued, 
and the certificate may be deemed void ab initio.
    (C) The manufacturer shall bear the burden of establishing to the 
satisfaction of the Administrator that the conditions upon which the 
certificate was issued were satisfied or excused.
    (11)(i) For light-duty truck families which are included in a 
NOX averaging program, the manufacturer's production-weighted 
average of the NOX emission limits of all such engine 
families shall not exceed the applicable NOX emission 
standard, or the composite NOX emission standard defined in 
Sec. 86.088-2, as appropriate, at the end of the model year, as 
determined in accordance with this part. The certificate shall be void 
ab initio for those vehicles causing the production-weighted FEL to 
exceed the NOX standard.
    (ii) For all HDEs which are included in the NOX plus NMHC 
ABT programs contained in Sec. 86.098-15, or superseding ABT sections 
as applicable, the provisions of paragraphs (a)(11)(ii) (A)-(C) of this 
section apply.
    (A) All certificates issued are conditional upon the manufacturer 
complying with the provisions of Sec. 86.098-15 or superseding ABT 
sections as applicable and the ABT related provisions of other 
applicable sections, both during and after the model year production.
    (B) Failure to comply with all provisions of Sec. 86.098-15 or 
superseding ABT sections as applicable will be considered to be a 
failure to satisfy the conditions upon which the certificate was issued, 
and the certificate may be deemed void ab initio.
    (C) The manufacturer shall bear the burden of establishing to the 
satisfaction of the Administrator that the conditions upon which the 
certificate was issued were satisfied or excused.
    (a)(12) [Reserved]. For guidance see Sec. 86.094-30.
    (a)(13) [Reserved]. For guidance see Sec. 86.095-30.
    (a)(14) [Reserved]. For guidance see Sec. 86.094-30.
    (a) (15)-(18) [Reserved]. For guidance see Sec. 86.096-30.
    (a)(19) [Reserved]. For guidance see Sec. 86.098-30.
    (a)(20) [Reserved]. For guidance see Sec. 86.001-30.
    (a)(21) For all light-duty trucks certified to refueling emission 
standards under Sec. 86.004-9, the provisions of paragraphs (a)(21) 
(i)-(iii) of this section apply.
    (i) All certificates issued are conditional upon the manufacturer 
complying with all provisions of Sec. 86.004-9 both during and after 
model year production.
    (ii) Failure to meet the required implementation schedule sales 
percentages as specified in Sec. 86.004-9 will be considered to be a 
failure to satisfy the conditions upon which the certificate(s) was 
issued and the individual vehicles sold in violation of the 
implementation schedule shall not be covered by the certificate.
    (iii) The manufacturer shall bear the burden of establishing to the 
satisfaction of the Administrator that the conditions upon which the 
certificate was issued were satisfied.
    (b)(1) introductory text through (b)(1)(ii)(A) [Reserved]. For 
guidance see Sec. 86.094-30.
    (b)(1)(ii)(B) The emission data vehicle(s) selected under Sec. 
86.001-24(b)(vii) (A) and (B) shall represent all vehicles of the same 
evaporative/refueling control system within the evaporative/refueling 
family.
    (b)(1)(ii)(C) [Reserved]. For guidance see Sec. 86.094-30.
    (b)(1)(ii)(D) The emission-data vehicle(s) selected under Sec. 
86.098-24(b)(1)(viii) shall represent all vehicles

[[Page 198]]

of the same evaporative/refueling control system within the evaporative/
refueling emission family, as applicable.
    (b)(1)(iii) and (b)(1)(iv) [Reserved]. For guidance see Sec. 
86.094-30.
    (b)(2) [Reserved]. For guidance see Sec. 86.098-30.
    (b)(3)-(b)(4)(i) [Reserved]. For guidance see Sec. 86.094-30.
    (b)(4)(ii) introductory text [Reserved]. For guidance see Sec. 
86.098-30.
    (b)(4)(ii)(A) [Reserved]. For guidance see Sec. 86.094-30.
    (b)(4)(ii)(B)-(b)(4)(iv) [Reserved]. For guidance see Sec. 86.098-
30.
    (b)(5)-(e) [Reserved]. For guidance see Sec. 86.094-30.
    (f) For engine families required to have an OBD system, 
certification will not be granted if, for any test vehicle approved by 
the Administrator in consultation with the manufacturer, the malfunction 
indicator light does not illuminate under any of the following 
circumstances, unless the manufacturer can demonstrate that any 
identified OBD problems discovered during the Administrator's evaluation 
will be corrected on production vehicles.
    (1)(i) Otto-cycle. A catalyst is replaced with a deteriorated or 
defective catalyst, or an electronic simulation of such, resulting in an 
increase of 1.5 times the NMHC+NOX standard or FEL above the 
NMHC+NOX emission level measured using a representative 4000 
mile catalyst system.
    (ii) Diesel. (A) If monitored for emissions performance--a catalyst 
is replaced with a deteriorated or defective catalyst, or an electronic 
simulation of such, resulting in exhaust emissions exceeding 1.5 times 
the applicable standard or FEL for NMHC+NOX or PM.
    (B) If monitored for performance--a particulate trap is replaced 
with a trap that has catastrophically failed, or an electronic 
simulation of such.
    (2)(i) Otto-cycle. An engine misfire condition is induced resulting 
in exhaust emissions exceeding 1.5 times the applicable standards or FEL 
for NMHC+NOX or CO.
    (ii) Diesel. An engine misfire condition is induced and is not 
detected.
    (3) If so equipped, any oxygen sensor is replaced with a 
deteriorated or defective oxygen sensor, or an electronic simulation of 
such, resulting in exhaust emissions exceeding 1.5 times the applicable 
standard or FEL for NMHC+NOX or CO.
    (4) If so equipped, a vapor leak is introduced in the evaporative 
and/or refueling system (excluding the tubing and connections between 
the purge valve and the intake manifold) greater than or equal in 
magnitude to a leak caused by a 0.040 inch diameter orifice, or the 
evaporative purge air flow is blocked or otherwise eliminated from the 
complete evaporative emission control system.
    (5) A malfunction condition is induced in any emission-related 
engine system or component, including but not necessarily limited to, 
the exhaust gas recirculation (EGR) system, if equipped, the secondary 
air system, if equipped, and the fuel control system, singularly 
resulting in exhaust emissions exceeding 1.5 times the applicable 
emission standard or FEL for NMHC+NOX. CO or PM.
    (6) A malfunction condition is induced in an electronic emission-
related engine system or component not otherwise described above that 
either provides input to or receives commands from the on-board computer 
resulting in a measurable impact on emissions.

[59 FR 16287, Apr. 6, 1994, as amended at 62 FR 54727, Oct. 21, 1997; 65 
FR 59948, Oct. 6, 2000]



Sec. 86.004-38  Maintenance instructions.

    This section includes text that specifies requirements that differ 
from those specified in Sec. 86.096-38. Where a paragraph in Sec. 
86.096-38 is identical and applicable to Sec. 86.004-38, this may be 
indicated by specifying the corresponding paragraph and the statement 
``[Reserved]. For guidance see Sec. 86.096-38.''.
    (a) The manufacturer shall furnish or cause to be furnished to the 
purchaser of each new motor vehicle (or motor vehicle engine) subject to 
the standards prescribed in Sec. 86.099-8, Sec. 86.004-9, Sec. 
86.004-10, or Sec. 86.004-11, as applicable, written instructions for 
the proper maintenance and use of the vehicle (or engine), by the 
purchaser consistent with the provisions of Sec. 86.004-25, which

[[Page 199]]

establishes what scheduled maintenance the Administrator approves as 
being reasonable and necessary.
    (1) The maintenance instructions required by this section shall be 
in clear, and to the extent practicable, nontechnical language.
    (2) The maintenance instructions required by this section shall 
contain a general description of the documentation which the 
manufacturer will require from the ultimate purchaser or any subsequent 
purchaser as evidence of compliance with the instructions.
    (b) Instructions provided to purchasers under paragraph (a) of this 
section shall specify the performance of all scheduled maintenance 
performed by the manufacturer on certification durability vehicles and, 
in cases where the manufacturer performs less maintenance on 
certification durability vehicles than the allowed limit, may specify 
the performance of any scheduled maintenance allowed under Sec. 86.004-
25.
    (c) Scheduled emission-related maintenance in addition to that 
performed under Sec. 86.004-25(b) may only be recommended to offset the 
effects of abnormal in-use operating conditions, except as provided in 
paragraph (d) of this section. The manufacturer shall be required to 
demonstrate, subject to the approval of the Administrator, that such 
maintenance is reasonable and technologically necessary to assure the 
proper functioning of the emission control system. Such additional 
recommended maintenance shall be clearly differentiated, in a form 
approved by the Administrator, from that approved under Sec. 86.004-
25(b).
    (d) Inspections of emission-related parts or systems with 
instructions to replace, repair, clean, or adjust the parts or systems 
if necessary, are not considered to be items of scheduled maintenance 
which insure the proper functioning of the emission control system. Such 
inspections, and any recommended maintenance beyond that approved by the 
Administrator as reasonable and necessary under paragraphs (a), (b), and 
(c) of this section, may be included in the written instructions 
furnished to vehicle owners under paragraph (a) of this section: 
Provided, That such instructions clearly state, in a form approved by 
the Administrator, that the owner need not perform such inspections or 
recommended maintenance in order to maintain the emissions defect and 
emissions performance warranty or manufacturer recall liability.
    (e) The manufacturer may choose to include in such instructions an 
explanation of any distinction between the useful life specified on the 
label, and the emissions defect and emissions performance warranty 
period. The explanation must clearly state that the useful life period 
specified on the label represents the average period of use up to 
retirement or rebuild for the engine family represented by the engine 
used in the vehicle. An explanation of how the actual useful lives of 
engines used in various applications are expected to differ from the 
average useful life may be included. The explanation(s) shall be in 
clear, non-technical language that is understandable to the ultimate 
purchaser.
    (f) If approved by the Administrator, the instructions provided to 
purchasers under paragraph (a) of this section shall indicate what 
adjustments or modifications, if any, are necessary to allow the vehicle 
to meet applicable emission standards at elevations above 4,000 feet, or 
at elevations of 4,000 feet or less.
    (g) [Reserved]. For guidance see Sec. 86.096-38. For incorporation 
by reference see Sec. Sec. 86.1 and 86.096-38.
    (h) The manufacturer shall furnish or cause to be furnished to the 
purchaser of each new motor engine subject to the standards prescribed 
in Sec. 86.004-10 or Sec. 86.004-11, as applicable, the following:
    (1) Instructions for all maintenance needed after the end of the 
useful life of the engine for critical emissions-related components as 
provided in Sec. 86.004-25(b), including recommended practices for 
diagnosis, cleaning, adjustment, repair, and replacement of the 
component (or a statement that such component is maintenance free for 
the life of the engine) and instructions for accessing and responding to 
any emissions-related diagnostic codes that may be stored in on-board 
monitoring systems;

[[Page 200]]

    (2) A copy of the engine rebuild provisions contained in Sec. 
86.004-40.

[62 FR 54728, Oct. 21, 1997, as amended at 68 FR 38455, June 27, 2003]



Sec. 86.004-40  Heavy-duty engine rebuilding practices.

    The provisions of this section are applicable to heavy-duty engines 
subject to model year 2004 or later standards and are applicable to the 
process of engine rebuilding (or rebuilding a portion of an engine or 
engine system). The process of engine rebuilding generally includes 
disassembly, replacement of multiple parts due to wear, and reassembly, 
and also may include the removal of the engine from the vehicle and 
other acts associated with rebuilding an engine. Any deviation from the 
provisions contained in this section is a prohibited act under section 
203(a)(3) of the Clean Air Act (42 U.S.C. 7522(a)(3)).
    (a) When rebuilding an engine, portions of an engine, or an engine 
system, there must be a reasonable technical basis for knowing that the 
resultant engine is equivalent, from an emissions standpoint, to a 
certified configuration (i.e., tolerances, calibrations, specifications) 
and the model year(s) of the resulting engine configuration must be 
identified. A reasonable basis would exist if:
    (1) Parts installed, whether the parts are new, used, or rebuilt, 
are such that a person familiar with the design and function of motor 
vehicle engines would reasonably believe that the parts perform the same 
function with respect to emissions control as the original parts; and
    (2) Any parameter adjustment or design element change is made only:
    (i) In accordance with the original engine manufacturer's 
instructions; or
    (ii) Where data or other reasonable technical basis exists that such 
parameter adjustment or design element change, when performed on the 
engine or similar engines, is not expected to adversely affect in-use 
emissions.
    (b) When an engine is being rebuilt and remains installed or is 
reinstalled in the same vehicle, it must be rebuilt to a configuration 
of the same or later model year as the original engine. When an engine 
is being replaced, the replacement engine must be an engine of (or 
rebuilt to) a configuration of the same or later model year as the 
original engine.
    (c) At time of rebuild, emissions-related codes or signals from on-
board monitoring systems may not be erased or reset without diagnosing 
and responding appropriately to the diagnostic codes, regardless of 
whether the systems are installed to satisfy requirements in Sec. 
86.004-25 or for other reasons and regardless of form or interface. 
Diagnostic systems must be free of all such codes when the rebuilt 
engine is returned to service. Such signals may not be rendered 
inoperative during the rebuilding process.
    (d) When conducting a rebuild without removing the engine from the 
vehicle, or during the installation of a rebuilt engine, all critical 
emissions-related components listed in Sec. 86.004-25(b) not otherwise 
addressed by paragraphs (a) through (c) of this section must be checked 
and cleaned, adjusted, repaired, or replaced as necessary, following 
manufacturer recommended practices.
    (e) Records shall be kept by parties conducting activities included 
in paragraphs (a) through (d) of this section. The records shall include 
at minimum the mileage and/or hours at time of rebuild, a listing of 
work performed on the engine and emissions-related control components 
including a listing of parts and components used, engine parameter 
adjustments, emissions-related codes or signals responded to and reset, 
and work performed under paragraph (d) of this section.
    (1) Parties may keep records in whatever format or system they 
choose as long as the records are understandable to an EPA enforcement 
officer or can be otherwise provided to an EPA enforcement officer in an 
understandable format when requested.
    (2) Parties are not required to keep records of information that is 
not reasonably available through normal business practices including 
information on activities not conducted by themselves or information 
that they cannot reasonably access.

[[Page 201]]

    (3) Parties may keep records of their rebuilding practices for an 
engine family rather than on each individual engine rebuilt in cases 
where those rebuild practices are followed routinely.
    (4) Records must be kept for a minimum of two years after the engine 
is rebuilt.

[62 FR 54729, Oct. 21, 1997, as amended at 66 FR 5160, Jan. 18, 2001]



Sec. 86.005-1  General applicability.

    Section 86.005-1 includes text that specifies requirements that 
differ from Sec. 86.001-1. Where a paragraph in Sec. 86.001-1 is 
identical and applicable to Sec. 86.005-1, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.001-1.''.
    (a) Applicability. The provisions of this subpart generally apply to 
2005 and later model year new Otto-cycle heavy-duty engines used in 
incomplete vehicles and vehicles above 14,000 pounds GVWR and 2005 and 
later model year new diesel-cycle heavy-duty engines. In cases where a 
provision applies only to a certain vehicle group based on its model 
year, vehicle class, motor fuel, engine type, or other distinguishing 
characteristics, the limited applicability is cited in the appropriate 
section or paragraph. The provisions of this subpart continue to 
generally apply to 2000 and earlier model year new Otto-cycle and 
diesel-cycle light-duty vehicles, 2000 and earlier model year new Otto-
cycle and diesel-cycle light-duty trucks, and 2004 and earlier model 
year new Otto-cycle complete heavy-duty vehicles at or below 14,000 
pounds GVWR. Provisions generally applicable to 2001 and later model 
year new Otto-cycle and diesel-cycle light-duty vehicles, 2001 and later 
model year new Otto-cycle and diesel-cycle light-duty trucks, and 2005 
and later model year Otto-cycle complete heavy-duty vehicles at or below 
14,000 pounds GVWR are located in subpart S of this part.
    (b) Optional applicability. (1) A manufacturer may request to 
certify any 2003 or 2004 model year heavy-duty vehicle of 14,000 pounds 
Gross Vehicle Weight Rating or less in accordance with the light-duty 
truck provisions located in subpart S of this part. Heavy-duty engine or 
vehicle provisions of this subpart A do not apply to such a vehicle. 
This option is not available in the 2003 model year for manufacturers 
choosing Otto-cycle HDE option 1 in paragraph (c)(1) of this section, or 
in the 2004 model year for manufacturers choosing Otto-cycle HDE option 
2 in paragraph (c)(2) of this section.
    (2) For 2005 and later model years, a manufacturer may request to 
certify any incomplete Otto-cycle heavy-duty vehicle of 14,000 pounds 
Gross Vehicle Weight Rating or less in accordance with the provisions 
for Otto-cycle complete heavy-duty vehicles located in subpart S of this 
part. Heavy-duty engine or heavy-duty vehicle provisions of this subpart 
A do not apply to such a vehicle. This option is available starting with 
the 2003 model year to manufacturers choosing Otto-cycle HDE option 1 in 
paragraph (c)(1) of this section. This option is available starting with 
the 2004 model year to manufacturers choosing Otto-cycle HDE option 2 in 
paragraph (c)(1) of this section.
    (c) Otto-cycle heavy-duty engines and vehicles. The manufacturer 
must select one of the three options for Otto-cycle heavy-duty engines 
and vehicles in paragraphs (c)(1) through (c)(3) of this section. The 
emission standards and other requirements that apply under a given 
option shall apply to all Otto-cycle heavy-duty engines and vehicles 
certified by the manufacturer (e.g., a manufacturer may not select one 
option for certain engine families and the other option for other engine 
families). The requirements under each option shall remain effective, 
once selected, for subsequent model years, until superceded or otherwise 
revised by the Administrator (e.g., a manufacturer may not select one 
option prior to the 2004 model year and change to another option in the 
2006 model year). The complete requirements under each option are 
contained in subparts A and S of this part.
    (1) Otto-cycle HDE Option 1. The following requirements apply to 
Otto-cycle heavy-duty engines and vehicles certified by manufacturers 
selecting this option:
    (i) Emission standards for 2003 and later model year Otto-cycle 
heavy-duty

[[Page 202]]

engines, according to the provisions of Sec. 86.005-10(f)(1).
    (ii) Emission standards for 2003 and later model year Otto-cycle 
complete heavy-duty vehicles, according to the provisions of Sec. 
86.1816-05, except that, for 2003 through 2006 model year Otto-cycle 
complete heavy-duty vehicles, manufacturers may optionally comply with 
the standards in either 86.005-10 or 86.1816-05.
    (iii) Averaging, banking, and trading provisions that allow transfer 
of credits between a manufacturer's complete vehicle averaging set and 
their heavy-duty Otto-cycle engine averaging set, according to the 
provisions of Sec. 86.1817-05(o).
    (iv) On-board diagnostics requirements effective starting with the 
2004 model year for Otto-cycle engines and complete vehicles, according 
to the provisions of Sec. Sec. 86.005-17 and 86.1806-05.
    (v) Refueling emissions requirements effective starting with the 
2004 model year for Otto-cycle complete vehicles, according to the 
provisions of Sec. Sec. 86.1810-01 and 86.1816-05.
    (2) Otto-cycle HDE Option 2. The following requirements apply to 
Otto-cycle heavy-duty engines and vehicles certified by manufacturers 
selecting this option:
    (i) Emission standards for 2004 and later model year Otto-cycle 
heavy-duty engines, according to the provisions of Sec. 86.005-
10(f)(2).
    (ii) Emission standards for 2004 and later model year Otto-cycle 
complete heavy-duty vehicles, according to the provisions of Sec. 
86.1816-05.
    (iii) Averaging, banking, and trading provisions that allow transfer 
of credits between a manufacturer's complete vehicle averaging set and 
their heavy-duty Otto-cycle engine averaging set, according to the 
provisions of Sec. 86.1817-05(o).
    (iv) On-board diagnostics requirements effective starting with the 
2004 model year for Otto-cycle engines and complete vehicles, according 
to the provisions of Sec. Sec. 86.005-17 and 86.1806-05.
    (v) Refueling emissions requirements effective starting with the 
2004 model year for Otto-cycle complete vehicles, according to the 
provisions of Sec. Sec. 86.1810-01 and 86.1816-05.
    (3) Otto-cycle HDE Option 3. The following requirements apply to 
Otto-cycle heavy-duty engines and vehicles certified by manufacturers 
that do not select one of the options for 2003 or 2004 model year 
compliance in paragraph (c)(1) or (c)(2) of this section:
    (i) Emission standards for 2005 and later model year Otto-cycle 
heavy-duty engines, according to the provisions of Sec. 86.005-10.
    (ii) Emission standards for 2005 and later model year Otto-cycle 
complete heavy-duty vehicles, according to the provisions of Sec. 
86.1816-05.
    (iii) On-board diagnostics requirements effective starting with the 
2005 model year for Otto-cycle engines and complete vehicles, according 
to the provisions of Sec. Sec. 86.005-17 and 86.1806-05.
    (iv) Refueling emissions requirements effective starting with the 
2005 model year for Otto-cycle complete vehicles, according to the 
provisions of Sec. Sec. 86.1810-01 and 86.1816-05.
    (v) Manufacturers selecting this option may exempt 2005 model year 
Otto-cycle heavy-duty engines and vehicles whose model year commences 
before July 31, 2004 from the requirements in paragraphs (c)(3)(i) 
through (iv) of this section.
    (vi) For 2005 model year engines or vehicles exempted under 
paragraph (c)(3)(v) of this section, a manufacturer shall certify such 
Otto-cycle heavy-duty engines and vehicles to all requirements in this 
subpart applicable to 2004 model year Otto-cycle heavy-duty engines. The 
averaging, banking, and trading provisions contained in Sec. 86.000-15 
remain effective for these engines.
    (d) [Reserved]
    (e)-(f) [Reserved]. For guidance see Sec. 86.001-1.

[65 FR 59949, Oct. 6, 2000]



Sec. 86.005-10  Emission standards for 2005 and later model year 
Otto-cycle heavy-duty engines and vehicles.

    Section 86.005-10 includes text that specifies requirements that 
differ from Sec. 86.098-10 or Sec. 86.099-10. Where a paragraph in 
Sec. 86.098-10 or Sec. 86.099-10 is identical and applicable to Sec. 
86.005-10, this

[[Page 203]]

may be indicated by specifying the corresponding paragraph and the 
statement ``[Reserved]. For guidance see Sec. 86.098-10.'' or 
``[Reserved]. For guidance see Sec. 86.099-10.''.
    (a)(1) Exhaust emissions from new 2005 and later model year Otto-
cycle HDEs, except for Otto-cycle HDEs subject to the alternative 
standards in paragraph (f) of this section, shall not exceed:
    (i)(A) Oxides of Nitrogen plus Non-methane Hydrocarbons (NOX + NMHC) 
for engines fueled with either gasoline, natural gas, or liquefied 
petroleum gas. 1.0 grams per brake horsepower-hour (0.37 grams per 
megajoule).
    (B) Oxides of Nitrogen plus Non-methane Hydrocarbon Equivalent (NOX 
+ NMHCE) for engines fueled with methanol. 1.0 grams per brake 
horsepower-hour (0.37 grams per megajoule).
    (C) A manufacturer may elect to include any or all of its Otto-cycle 
HDE families in any or all of the emissions ABT programs for HDEs, 
within the restrictions described in Sec. 86.098-15. If the 
manufacturer elects to include engine families in any of these programs, 
the NOX plus NMHC (or NOX plus NMHCE for methanol-
fueled engines) FELs may not exceed 4.5 grams per brake horsepower-hour 
(1.7 grams per megajoule). This ceiling value applies whether credits 
for the family are derived from averaging, banking, or trading programs.
    (ii)(A) Carbon monoxide for engines intended for use in all 
vehicles, except as provided in paragraph (a)(3) of this section. 14.4 
grams per brake horsepower-hour (5.36 grams per megajoule), as measured 
under transient operating conditions.
    (B) Carbon monoxide for engines intended for use only in vehicles 
with a Gross Vehicle Weight Rating of greater than 14,000 pounds. 37.1 
grams per brake horsepower-hour (13.8 grams per megajoule), as measured 
under transient operating conditions.
    (C) Idle carbon monoxide. For all Otto-cycle HDEs utilizing 
aftertreatment technology, and not certified to the onboard diagnostics 
requirements of Sec. 86.005-17: 0.50 percent of exhaust gas flow at 
curb idle.
    (2) The standards set forth in paragraphs (a)(1) and (f) of this 
section refer to the exhaust emitted over the operating schedule set 
forth in paragraph (f)(1) of appendix I to this part, and measured and 
calculated in accordance with the procedures set forth in subpart N or P 
of this part.
    (3)(i) A manufacturer may certify one or more Otto-cycle HDE 
configurations intended for use in all vehicles to the emission standard 
set forth in paragraph (a)(1)(ii)(B) of this section: Provided, that the 
total model year sales of such configuration(s), segregated by fuel 
type, being certified to the emission standard in paragraph 
(a)(1)(ii)(B) of this section represent no more than five percent of 
total model year sales of each fuel type Otto-cycle HDE intended for use 
in vehicles with a Gross Vehicle Weight Rating of up to 14,000 pounds by 
the manufacturer.
    (ii) The configurations certified to the emission standards of 
paragraph (a)(1)(ii)(B) of this section under the provisions of 
paragraph (a)(3)(i) of this section shall still be required to meet the 
evaporative emission standards set forth in Sec. 86.099-10(b)(1)(i), 
(b)(2)(i) and (b)(3)(i).
    (4) The manufacturer may exempt 2005 model year HDE engine families 
whose model year begins before July, 31, 2004 from the requirements in 
this paragraph (a). Exempted engine families shall be subject to the 
requirements in Sec. 86.099-10.
    (5) For certification purposes, where the applicable California 
evaporative emission standard is as stringent or more stringent than the 
applicable federal evaporative emission standard, the Administrator may 
accept California certification test data indicating compliance with the 
California standard to demonstrate compliance with the appropriate 
federal certification evaporative emission standard. The Administrator 
may require the manufacturer to provide comparative test data which 
clearly demonstrates that a vehicle meeting the California evaporative 
standard (when tested under California test conditions/test procedures) 
will also meet the appropriate federal evaporative emission standard 
when tested under federal test conditions/test procedures described in 
this part 86.
    (b) [Reserved]. For guidance see Sec. 86.099-10.

[[Page 204]]

    (c) [Reserved]. For guidance see Sec. 86.098-10.
    (d) Every manufacturer of new motor vehicle engines subject to the 
standards prescribed in this section shall, prior to taking any of the 
actions specified in section 203(a)(1) of the Act, test or cause to be 
tested motor vehicle engines in accordance with applicable procedures in 
subpart N or P of this part to ascertain that such test engines meet the 
requirements of this section.
    (e) [Reserved]. For guidance see Sec. 86.099-10.
    (f) Alternative exhaust emission standards. In lieu of the exhaust 
emission standards in paragraph (a)(1)(i)(A) or (B) of this section, the 
manufacturer may select the standards and provisions in either paragraph 
(f)(1) or (f)(2) of this section.
    (1) Otto-cycle HDE Option 1. The alternative exhaust emission 
standards in this paragraph (f)(1) shall apply to new 2003 through 2007 
model year Otto-cycle HDEs and, at the manufacturers option, to new 2003 
through 2006 model year Otto-cycle complete heavy-duty vehicles less 
than or equal to 14,000 pounds GVWR
    (i) Oxides of Nitrogen plus Non-methane Hydrocarbons (NOX + NMHC) 
for engines fueled with either gasoline, natural gas, or liquefied 
petroleum gas. 1.5 grams per brake horsepower-hour (0.55 grams per 
megajoule).
    (ii) Oxides of Nitrogen plus Non-methane Hydrocarbon Equivalent (NOX 
+ NMHCE) for engines fueled with methanol. 1.5 grams per brake 
horsepower-hour (0.55 grams per megajoule).
    (2) Otto-cycle HDE Option 2. The alternative exhaust emission 
standards in this paragraph (f)(2) shall apply to new 2004 through 2007 
model year Otto-cycle HDEs.
    (i) Oxides of Nitrogen plus Non-methane Hydrocarbons (NO,X + NMHC) 
for engines fueled with either gasoline, natural gas, or liquefied 
petroleum gas. 1.5 grams per brake horsepower-hour (0.55 grams per 
megajoule).
    (ii) Oxides of Nitrogen plus Non-methane Hydrocarbon Equivalent (NOX 
+ NMHCE) for engines fueled with methanol. 1.5 grams per brake 
horsepower-hour (0.55 grams per megajoule).

[65 FR 59950, Oct. 6, 2000, as amended at 66 FR 5160, Jan. 18, 2001; 70 
FR 72927, Dec. 8, 2005]



Sec. 86.005-17  On-board diagnostics.

    (a) General. (1) All heavy-duty engines intended for use in a heavy-
duty vehicle weighing 14,000 pounds GVWR or less must be equipped with 
an on-board diagnostic (OBD) system capable of monitoring all emission-
related engine systems or components during the applicable useful life. 
Heavy-duty engines intended for use in a heavy-duty vehicle weighing 
14,000 pounds GVWR or less must meet the OBD requirements of this 
section according to the phase-in schedule in paragraph (k) of this 
section. All monitored systems and components must be evaluated 
periodically, but no less frequently than once per applicable 
certification test cycle as defined in appendix I, paragraph (f), of 
this part, or similar trip as approved by the Administrator.
    (2) An OBD system demonstrated to fully meet the requirements in 
Sec. 86.1806-05 may be used to meet the requirements of this section, 
provided that the Administrator finds that a manufacturer's decision to 
use the flexibility in this paragraph (a)(2) is based on good 
engineering judgement.
    (b) Malfunction descriptions. The OBD system must detect and 
identify malfunctions in all monitored emission-related engine systems 
or components according to the following malfunction definitions as 
measured and calculated in accordance with test procedures set forth in 
subpart N of this part (engine-based test procedures) excluding the test 
procedure referred to as the ``Supplemental emission test; test cycle 
and procedures'' contained in Sec. 86.1360, and excluding the test 
procedure referred to as the ``Not-To-Exceed Test Procedure'' contained 
in Sec. 86.1370, and excluding the test procedure referred to as the 
``Load Response Test'' contained in Sec. 86.1380.
    (1) Catalysts and particulate traps. (i) Otto-cycle. Catalyst 
deterioration or malfunction before it results in an increase in NMHC 
(or NOX+NMHC, as applicable) emissions 1.5 times the NMHC (or 
NOX+NMHC, as applicable) standard or FEL, as compared to the 
NMHC (or NOX+NMHC, as applicable) emission level measured 
using a representative 4000 mile catalyst system.
    (ii) Diesel. (A) If equipped, catalyst deterioration or malfunction 
before it

[[Page 205]]

results in exhaust emissions exceeding 1.5 times the applicable standard 
or FEL for NOX (or NOX+NMHC, as applicable) or PM. 
This requirement applies only to reduction catalysts; monitoring of 
oxidation catalysts is not required. This monitoring need not be done if 
the manufacturer can demonstrate that deterioration or malfunction of 
the system will not result in exceedance of the threshold.
    (B) If equipped with a particulate trap, catastrophic failure of the 
device must be detected. Any particulate trap whose complete failure 
results in exhaust emissions exceeding 1.5 times the applicable standard 
or FEL for NMHC (or NOX+NMHC, as applicable) or PM must be 
monitored for such catastrophic failure. This monitoring need not be 
done if the manufacturer can demonstrate that a catastrophic failure of 
the system will not result in exceedance of the threshold.
    (2) Engine misfire. (i) Otto-cycle. Engine misfire resulting in 
exhaust emissions exceeding 1.5 times the applicable standard or FEL for 
NMHC, NOX (or NOX+NMHC, as applicable) or CO; and 
any misfire capable of damaging the catalytic converter.
    (ii) Diesel. Lack of cylinder combustion must be detected.
    (3) Oxygen sensors. If equipped, oxygen sensor deterioration or 
malfunction resulting in exhaust emissions exceeding 1.5 times the 
applicable standard or FEL for NMHC, NOX (or 
NOX+NMHC, as applicable) or CO.
    (4) Evaporative leaks. If equipped, any vapor leak in the 
evaporative and/or refueling system (excluding the tubing and 
connections between the purge valve and the intake manifold) greater 
than or equal in magnitude to a leak caused by a 0.040 inch diameter 
orifice; an absence of evaporative purge air flow from the complete 
evaporative emission control system. Where fuel tank capacity is greater 
than 25 gallons, the Administrator may, following a request from the 
manufacturer, revise the size of the orifice to the smallest orifice 
feasible, based on test data, if the most reliable monitoring method 
available cannot reliably detect a system leak equal to a 0.040 inch 
diameter orifice.
    (5) Other emission control systems. Any deterioration or malfunction 
occurring in an engine system or component directly intended to control 
emissions, including but not necessarily limited to, the exhaust gas 
recirculation (EGR) system, if equipped, the secondary air system, if 
equipped, and the fuel control system, singularly resulting in exhaust 
emissions exceeding 1.5 times the applicable emission standard or FEL 
for NMHC, NOX (or NOX+NMHC, as applicable), CO or 
diesel PM. For engines equipped with a secondary air system, a 
functional check, as described in paragraph (b)(6) of this section, may 
satisfy the requirements of this paragraph (b)(5) provided the 
manufacturer can demonstrate that deterioration of the flow distribution 
system is unlikely. This demonstration is subject to Administrator 
approval and, if the demonstration and associated functional check are 
approved, the diagnostic system must indicate a malfunction when some 
degree of secondary airflow is not detectable in the exhaust system 
during the check. For engines equipped with positive crankcase 
ventilation (PCV), monitoring of the PCV system is not necessary 
provided the manufacturer can demonstrate to the Administrator's 
satisfaction that the PCV system is unlikely to fail.
    (6) Other emission-related engine components. Any other 
deterioration or malfunction occurring in an electronic emission-related 
engine system or component not otherwise described above that either 
provides input to or receives commands from the on-board computer and 
has a measurable impact on emissions; monitoring of components required 
by this paragraph (b)(6) must be satisfied by employing electrical 
circuit continuity checks and rationality checks for computer input 
components (input values within manufacturer specified ranges based on 
other available operating parameters), and functionality checks for 
computer output components (proper functional response to computer 
commands) except that the Administrator may waive such a rationality or 
functionality check where the manufacturer has

[[Page 206]]

demonstrated infeasibility. Malfunctions are defined as a failure of the 
system or component to meet the electrical circuit continuity checks or 
the rationality or functionality checks.
    (7) Performance of OBD functions. Oxygen sensor or any other 
component deterioration or malfunction which renders that sensor or 
component incapable of performing its function as part of the OBD system 
must be detected and identified on vehicles so equipped.
    (c) Malfunction indicator light (MIL). The OBD system must 
incorporate a malfunction indicator light (MIL) readily visible to the 
vehicle operator. When illuminated, the MIL must display ``Check 
Engine,'' ``Service Engine Soon,'' a universally recognizable engine 
symbol, or a similar phrase or symbol approved by the Administrator. 
More than one general purpose malfunction indicator light for emission-
related problems should not be used; separate specific purpose warning 
lights (e.g., brake system, fasten seat belt, oil pressure, etc.) are 
permitted. The use of red for the OBD-related malfunction indicator 
light is prohibited.
    (d) MIL illumination. The MIL must illuminate and remain illuminated 
when any of the conditions specified in paragraph (b) of this section 
are detected and verified, or whenever the engine control enters a 
default or secondary mode of operation considered abnormal for the given 
engine operating conditions. The MIL must blink once per second under 
any period of operation during which engine misfire is occurring and 
catalyst damage is imminent. If such misfire is detected again during 
the following driving cycle (i.e., operation consisting of, at a 
minimum, engine start-up and engine shut-off) or the next driving cycle 
in which similar conditions are encountered, the MIL must maintain a 
steady illumination when the misfire is not occurring and then remain 
illuminated until the MIL extinguishing criteria of this section are 
satisfied. The MIL must also illuminate when the vehicle's ignition is 
in the ``key-on'' position before engine starting or cranking and 
extinguish after engine starting if no malfunction has previously been 
detected. If a fuel system or engine misfire malfunction has previously 
been detected, the MIL may be extinguished if the malfunction does not 
reoccur during three subsequent sequential trips during which similar 
conditions are encountered and no new malfunctions have been detected. 
Similar conditions are defined as engine speed within 375 rpm, engine 
load within 20 percent, and engine warm-up status equivalent to that 
under which the malfunction was first detected. If any malfunction other 
than a fuel system or engine misfire malfunction has been detected, the 
MIL may be extinguished if the malfunction does not reoccur during three 
subsequent sequential trips during which the monitoring system 
responsible for illuminating the MIL functions without detecting the 
malfunction, and no new malfunctions have been detected. Upon 
Administrator approval, statistical MIL illumination protocols may be 
employed, provided they result in comparable timeliness in detecting a 
malfunction and evaluating system performance, i.e., three to six 
driving cycles would be considered acceptable.
    (e) Storing of computer codes. The OBD system shall record and store 
in computer memory diagnostic trouble codes and diagnostic readiness 
codes indicating the status of the emission control system. These codes 
shall be available through the standardized data link connector per 
specifications as referenced in paragraph (h) of this section.
    (1) A diagnostic trouble code must be stored for any detected and 
verified malfunction causing MIL illumination. The stored diagnostic 
trouble code must identify the malfunctioning system or component as 
uniquely as possible. At the manufacturer's discretion, a diagnostic 
trouble code may be stored for conditions not causing MIL illumination. 
Regardless, a separate code should be stored indicating the expected MIL 
illumination status (i.e., MIL commanded ``ON,'' MIL commanded ``OFF'').
    (2) For a single misfiring cylinder, the diagnostic trouble code(s) 
must uniquely identify the cylinder, unless the manufacturer submits 
data and/or engineering evaluations which adequately demonstrate that 
the misfiring cylinder cannot be reliably identified

[[Page 207]]

under certain operating conditions. For diesel engines only, the 
specific cylinder for which combustion cannot be detected need not be 
identified if new hardware would be required to do so. The diagnostic 
trouble code must identify multiple misfiring cylinder conditions; under 
multiple misfire conditions, the misfiring cylinders need not be 
uniquely identified if a distinct multiple misfire diagnostic trouble 
code is stored.
    (3) The diagnostic system may erase a diagnostic trouble code if the 
same code is not re-registered in at least 40 engine warm-up cycles, and 
the malfunction indicator light is not illuminated for that code.
    (4) Separate status codes, or readiness codes, must be stored in 
computer memory to identify correctly functioning emission control 
systems and those emission control systems which require further engine 
operation to complete proper diagnostic evaluation. A readiness code 
need not be stored for those monitors that can be considered 
continuously operating monitors (e.g., misfire monitor, fuel system 
monitor, etc.). Readiness codes should never be set to ``not ready'' 
status upon key-on or key-off; intentional setting of readiness codes to 
``not ready'' status via service procedures must apply to all such 
codes, rather than applying to individual codes. Subject to 
Administrator approval, if monitoring is disabled for a multiple number 
of driving cycles (i.e., more than one) due to the continued presence of 
extreme operating conditions (e.g., ambient temperatures below 40 
[deg]F, or altitudes above 8000 feet), readiness for the subject 
monitoring system may be set to ``ready'' status without monitoring 
having been completed. Administrator approval shall be based on the 
conditions for monitoring system disablement, and the number of driving 
cycles specified without completion of monitoring before readiness is 
indicated.
    (f) Available diagnostic data. (1) Upon determination of the first 
malfunction of any component or system, ``freeze frame'' engine 
conditions present at the time must be stored in computer memory. Should 
a subsequent fuel system or misfire malfunction occur, any previously 
stored freeze frame conditions must be replaced by the fuel system or 
misfire conditions (whichever occurs first). Stored engine conditions 
must include, but are not limited to: engine speed, open or closed loop 
operation, fuel system commands, coolant temperature, calculated load 
value, fuel pressure, vehicle speed, air flow rate, and intake manifold 
pressure if the information needed to determine these conditions is 
available to the computer. For freeze frame storage, the manufacturer 
must include the most appropriate set of conditions to facilitate 
effective repairs. If the diagnostic trouble code causing the conditions 
to be stored is erased in accordance with paragraph (d) of this section, 
the stored engine conditions may also be erased.
    (2) The following data in addition to the required freeze frame 
information must be made available on demand through the serial port on 
the standardized data link connector, if the information is available to 
the on-board computer or can be determined using information available 
to the on-board computer: Diagnostic trouble codes, engine coolant 
temperature, fuel control system status (closed loop, open loop, other), 
fuel trim, ignition timing advance, intake air temperature, manifold air 
pressure, air flow rate, engine RPM, throttle position sensor output 
value, secondary air status (upstream, downstream, or atmosphere), 
calculated load value, vehicle speed, and fuel pressure. The signals 
must be provided in standard units based on SAE specifications 
incorporated by reference in paragraph (h) of this section. Actual 
signals must be clearly identified separately from default value or limp 
home signals.
    (3) For all OBD systems for which specific on-board evaluation tests 
are conducted (catalyst, oxygen sensor, etc.), the results of the most 
recent test performed by the vehicle, and the limits to which the system 
is compared must be available through the standardized data link 
connector per the appropriate standardized specifications as referenced 
in paragraph (h) of this section.
    (4) Access to the data required to be made available under this 
section shall be unrestricted and shall not require

[[Page 208]]

any access codes or devices that are only available from the 
manufacturer.
    (g) Exceptions. The OBD system is not required to evaluate systems 
or components during malfunction conditions if such evaluation would 
result in a risk to safety or failure of systems or components. 
Additionally, the OBD system is not required to evaluate systems or 
components during operation of a power take-off unit such as a dump bed, 
snow plow blade, or aerial bucket, etc.
    (h) Reference materials. The OBD system shall provide for 
standardized access and conform with the following Society of Automotive 
Engineers (SAE) standards and/or the following International Standards 
Organization (ISO) standards. The following documents are incorporated 
by reference, see Sec. 86.1:
    (1) SAE material. Copies of these materials may be obtained from the 
Society of Automotive Engineers, Inc., 400 Commonwealth Drive, 
Warrendale, PA 15096-0001.
    (i) SAE J1850 ``Class B Data Communication Network Interface,'' 
(Revised, May 2001) shall be used as the on-board to off-board 
communications protocol. All emission related messages sent to the scan 
tool over a J1850 data link shall use the Cyclic Redundancy Check and 
the three byte header, and shall not use inter-byte separation or check 
sums.
    (ii) Basic diagnostic data (as specified in Sec. 86.094-17(e) and 
(f)) shall be provided in the format and units in SAE J1979 ``E/E 
Diagnostic Test Modes--Equivalent to ISO/DIS 15031-5: April 30, 2002'', 
(Revised, April 2002).
    (iii) Diagnostic trouble codes shall be consistent with SAE J2012 
``Diagnostic Trouble Code Definitions--Equivalent to ISO/DIS 15031-6: 
April 30, 2002'', (Revised, April 2002).
    (iv) The connection interface between the OBD system and test 
equipment and diagnostic tools shall meet the functional requirements of 
SAE J1962 ``Diagnostic Connector--Equivalent to ISO/DIS 15031-3: 
December 14, 2001'' (Revised, April 2002).
    (v) All acronyms, definitions and abbreviations shall be formatted 
according to SAE J1930 ``Electrical/Electronic Systems Diagnostic Terms, 
Definitions, Abbreviations, and Acronyms'' Equivalent to ISO/TR 15031-2: 
April 30, 2002'', (Revised, April 2002).
    (vi) All equipment used to interface, extract and display OBD-
related information shall meet SAE J1978 ``OBD II Scan Tool'' Equivalent 
to ISO 15031-4: December 14, 2001'', (Revised, April 2002).
    (vii) As an alternative to the above standards, heavy-duty vehicles 
may conform to the specifications of the SAE J1939 series of standards 
(SAE J1939-11, J1939-13, J1939-21, J1939-31, J1939-71, J1939-73, J1939-
81).
    (2) ISO materials. Copies of these materials may be obtained from 
the International Organization for Standardization, Case Postale 56, CH-
1211 Geneva 20, Switzerland.
    (i) ISO 9141-2 ``Road vehicles--Diagnostic systems--Part 2: CARB 
requirements for interchange of digital information,'' (February 1, 
1994) may be used as an alternative to SAE J1850 as the on-board to off-
board communications protocol.
    (ii) ISO 14230-4:2000(E) ``Road vehicles--Diagnostic systems--KWP 
2000 requirements for Emission-related systems'', (June 1, 2000) may 
also be used as an alternative to SAE J1850.
    (iii) ISO 15765-4.3:2001 ``Road Vehicles-Diagnostics on Controller 
Area Network (CAN)--Part 4: Requirements for emission-related systems'', 
(December 14, 2001) may also be used as an alternative to SAE J1850.
    (3) Beginning with the 2008 model year and beyond, ISO 15765-
4.3:2001 ``Road Vehicles-Diagnostics on Controller Area Network (CAN)--
Part 4: Requirements for emission-related systems'', (December 14, 2001) 
shall be the only acceptable protocol used for standardized on-board to 
off-board communications for vehicles below 8500 pounds. For vehicles 
8500 to 14000 pounds ISO 15765-4.3 or the SAE J1939 series of standards 
(SAE J1939-11, J1939-13, J1939-21, J1939-31, J1939-71, J1939-73, J1939-
81). All other standardized on-board to off-board communications 
protocols: SAE J1850 ``Class B Data Communication Network Interface,'' 
(Revised, May 2001) in (h)(1)(i), ISO 9141-2 ``Road vehicles--Diagnostic 
systems--Part 2: CARB requirements

[[Page 209]]

for interchange of digital information,'' (February 1, 1994) in 
(h)(2)(i), and ISO 14230-4 ``Road vehicles--Diagnostic systems--KWP 2000 
requirements for Emission-related systems'', (June 1, 2000) in paragraph 
(h)(2)(ii) of this section will at that time no longer be accepted.
    (i) Deficiencies and alternate fueled engines. Upon application by 
the manufacturer, the Administrator may accept an OBD system as 
compliant even though specific requirements are not fully met. Such 
compliances without meeting specific requirements, or deficiencies, will 
be granted only if compliance would be infeasible or unreasonable 
considering such factors as, but not limited to: technical feasibility 
of the given monitor and lead time and production cycles including 
phase-in or phase-out of engines or vehicle designs and programmed 
upgrades of computers. Unmet requirements should not be carried over 
from the previous model year except where unreasonable hardware or 
software modifications would be necessary to correct the deficiency, and 
the manufacturer has demonstrated an acceptable level of effort toward 
compliance as determined by the Administrator. Furthermore, EPA will not 
accept any deficiency requests that include the complete lack of a major 
diagnostic monitor (``major'' diagnostic monitors being those for 
exhaust aftertreatment devices, oxygen sensor, engine misfire, 
evaporative leaks, and diesel EGR, if equipped), with the possible 
exception of the special provisions for alternate fueled engines. For 
alternate fueled heavy-duty engines (e.g. natural gas, liquefied 
petroleum gas, methanol, ethanol), beginning with the model year for 
which alternate fuel emission standards are applicable and extending 
through the 2006 model year, manufacturers may request the Administrator 
to waive specific monitoring requirements of this section for which 
monitoring may not be reliable with respect to the use of the alternate 
fuel. At a minimum, alternate fuel engines must be equipped with an OBD 
system meeting OBD requirements to the extent feasible as approved by 
the Administrator.
    (j) California OBDII compliance option. For heavy-duty engines 
weighing 14,000 pounds GVWR or less, demonstration of compliance with 
California OBD II requirements (Title 13 California Code of Regulations 
Sec. 1968.2 (13 CCR 1968.2)), as modified, approved and filed on April 
21, 2003, shall satisfy the requirements of this section, except that 
compliance with 13 CCR 1968.2(e)(4.2.2)(C), pertaining to 0.02 inch 
evaporative leak detection, and 13 CCR 1968.2(d)(1.4), pertaining to 
tampering protection, are not required to satisfy the requirements of 
this section. Also, the deficiency provisions of 13 CCR 1968.2(i) do not 
apply. The deficiency provisions of paragraph (i) of this section and 
the evaporative leak detection requirement of paragraph (b)(4) of this 
section apply to manufacturers selecting this paragraph for 
demonstrating compliance. In addition, demonstration of compliance with 
13 CCR 1968.2(e)(16.2.1)(C), to the extent it applies to the 
verification of proper alignment between the camshaft and crankshaft, 
applies only to vehicles equipped with variable valve timing.
    (k) Phase-in for heavy-duty engines. Manufacturers of heavy-duty 
engines must comply with the OBD requirements in this section according 
to the following phase-in schedule, based on the percentage of projected 
engine sales within each category. The 2004 model year requirements in 
the following phase-in schedule are applicable only to heavy-duty Otto-
cycle engines where the manufacturer has selected Otto-cycle Option 1 or 
Option 2 for alternative 2004 compliance according to Sec. 86.005-
01(c)(1) or (2). The 2005 through 2007 requirements in the following 
phase-in schedule apply to all heavy-duty engines intended for use in a 
heavy-duty vehicle weighing 14,000 pounds GVWR or less. Manufacturers 
may exempt 2005 model year diesel heavy-duty engines from the 
requirements of this section if the 2005 model year commences before 
July 31, 2004 from the requirements of this section. Manufacturers may 
exempt 2005 model year Otto-cycle heavy-duty engines and vehicles from 
the requirements of this section if the manufacturer has selected Otto-
cycle Option 3 and if the 2005 model year commences before July 31, 
2004. For the purposes of calculating

[[Page 210]]

compliance with the phase-in provisions of this paragraph (k), heavy-
duty engines may be combined with heavy-duty vehicles subject to the 
phase-in requirements of paragraph Sec. 86.1806-05(l). The OBD 
Compliance phase-in table follows:

  OBD Compliance Phase-in for Heavy-Duty Engines Intended for Use in a
         Heavy-Duty Vehicle Weighing 14,000 Pounds GVWR or Less
------------------------------------------------------------------------
                               Otto-cycle phase-in     Diesel Phase-in
         Model year            based on projected    based on projected
                                      sales                 sales
------------------------------------------------------------------------
2004 MY.....................  Applicable only to    ....................
                               Otto-cycle engines
                               complying with
                               Options 1 or 2; 40%
                               compliance;
                               alternative fuel
                               waivers available.
2005 MY.....................  60% compliance;       50% compliance;
                               alternative fuel      alternative fuel
                               waivers available.    waivers available.
2006 MY.....................  80% compliance;       50% compliance;
                               alternative fuel      alternative fuel
                               waivers available.    waivers available.
2007 MY.....................  80% compliance;       100% compliance.
                               alternative fuel
                               waivers available.
2008+ MY....................  100% compliance.....  100% compliance.
------------------------------------------------------------------------


[65 FR 59951, Oct. 6, 2000, as amended at 66 FR 5160, Jan. 18, 2001; 70 
FR 75410, Dec. 20, 2005]



Sec. 86.007-11  Emission standards and supplemental requirements for 
2007 and later model year diesel heavy-duty engines and vehicles.

    This section applies to new 2007 and later model year diesel HDEs. 
Section 86.007-11 includes text that specifies requirements that differ 
from Sec. 86.004-11. Where a paragraph in Sec. 86.004-11 is identical 
and applicable to Sec. 86.007-11, this may be indicated by specifying 
the corresponding paragraph and the statement ``[Reserved]. For guidance 
see Sec. 86.004-11.''.
    (a)(1) Exhaust emissions from new 2007 and later model year diesel 
HDEs shall not exceed the following:
    (i) Oxides of Nitrogen (NOX). (A) 0.20 grams per brake 
horsepower-hour (0.075 grams per megajoule).
    (B) A manufacturer may elect to include any or all of its diesel HDE 
families in any or all of the NOX and NOX plus 
NMHC emissions ABT programs for HDEs, within the restrictions described 
in Sec. 86.007-15 or Sec. 86.004-15. If the manufacturer elects to 
include engine families in any of these programs, the NOX 
FELs may not exceed the following FEL caps: 2.00 grams per brake 
horsepower-hour (0.75 grams per megajoule) for model years before 2010; 
0.50 grams per brake horsepower-hour (0.19 grams per megajoule) for 
model years 2010 and later. This ceiling value applies whether credits 
for the family are derived from averaging, banking, or trading programs.
    (ii)(A) Non-Methane Hydrocarbons (NMHC) for engines fueled with 
either diesel fuel, natural gas, or liquefied petroleum gas. 0.14 grams 
per brake horsepower-hour (0.052 grams per megajoule).
    (B) Non-Methane Hydrocarbon Equivalent (NMHCE) for engines fueled 
with methanol. 0.14 grams per brake horsepower-hour (0.052 grams per 
megajoule).
    (iii) Carbon monoxide. (A) 15.5 grams per brake horsepower-hour 
(5.77 grams per megajoule).
    (B) 0.50 percent of exhaust gas flow at curb idle (methanol-, 
natural gas-, and liquefied petroleum gas-fueled diesel HDEs only). This 
does not apply for vehicles certified to the requirements of Sec. 
86.005-17
    (iv) Particulate. (A) 0.01 grams per brake horsepower-hour (0.0037 
grams per megajoule).
    (B) A manufacturer may elect to include any or all of its diesel HDE 
families in any or all of the particulate ABT programs for HDEs, within 
the restrictions described in Sec. 86.007-15 or other applicable 
sections. If the manufacturer elects to include engine families in any 
of these programs, the particulate FEL may not exceed 0.02 grams per 
brake horsepower-hour (0.0075 grams per megajoule).
    (2) The standards set forth in paragraph (a)(1) of this section 
refer to the exhaust emitted over the duty cycle specified in paragraphs 
(a)(2)(i) through

[[Page 211]]

(iii) of this section, where exhaust emissions are measured and 
calculated as specified in paragraphs (a)(2)(iv) and (v) of this section 
in accordance with the procedures set forth in subpart N of this part, 
except as noted in Sec. 86.007-23(c)(2):
    (i) Perform the test interval set forth in paragraph (f)(2) of 
appendix I of this part with a cold-start according to 40 CFR part 1065, 
subpart F. This is the cold-start test interval.
    (ii) Shut down the engine after completing the test interval and 
allow 20 minutes to elapse. This is the hot-soak.
    (iii) Repeat the test interval. This is the hot-start test interval.
    (iv) Calculate the total emission mass of each constituent, m, and 
the total work, W, over each test interval according to 40 CFR 1065.650.
    (v) Determine your engine's brake-specific emissions using the 
following calculation, which weights the emissions from the cold-start 
and hot-start test intervals:
[GRAPHIC] [TIFF OMITTED] TR30AU06.001

    (3) SET (i) Exhaust emissions, as determined under Sec. 86.1360-
2007(b) pertaining to the supplemental emission test cycle, for each 
regulated pollutant shall not exceed 1.0 times the applicable emission 
standards or FELs specified in paragraph (a)(1) of this section.
    (ii) For engines not having a NOX FEL less than1.5 g/bhp-
hr, gaseous exhaust emissions shall not exceed the steady-state 
interpolated values determined by the Maximum Allowable Emission Limits 
(for the corresponding speed and load), as determined under Sec. 
86.1360-2007(f), when the engine is operated in the steady-state control 
area defined under Sec. 86.1360-2007(d).
    (4) NTE (i)(A) The brake-specific exhaust NMHC or NOX 
emissions in g/bhp-hr, as determined under Sec. 86.1370-2007 pertaining 
to the not-to-exceed test procedures, shall not exceed 1.5 times the 
applicable NMHC or NOX emission standards or FELs specified 
in paragraph (a)(1) of this section, during engine and vehicle operation 
specified in paragraph (a)(4)(ii) of this section except as noted in 
paragraph (a)(4)(iii) of this section.
    (B) For engines not having a NOX FEL less than1.50 g/bhp-
hr, the brake-specific NOX and NMHC exhaust emissions in g/
bhp-hr, as determined under Sec. 86.1370-2007 pertaining to the not-to-
exceed test procedures, shall not exceed 1.25 times the applicable 
emission standards or FELs specified in paragraph (a)(1) of this section 
(or of Sec. 86.004-11, as allowed by paragraph (g) of this section), 
during engine and vehicle operation specified in paragraph (a)(4)(ii) of 
this section except as noted in paragraph (a)(4)(iii) of this section.
    (C) The brake-specific exhaust PM emissions in g/bhp-hr, as 
determined under Sec. 86.1370-2007 pertaining to the not-to-exceed test 
procedures, shall not exceed 1.5 times the applicable PM emission 
standards or FEL (for FELs above the standard only) specified in 
paragraph (a)(1) of this section, during engine and vehicle operation 
specified in paragraph (a)(4)(ii) of this section except as noted in 
paragraph (a)(4)(iii) of this section.
    (D) The brake-specific exhaust CO emissions in g/bhp-hr, as 
determined under Sec. 86.1370-2007 pertaining to the not-to-exceed test 
procedures, shall not exceed 1.25 times the applicable CO emission 
standards or FEL specified in paragraph (a)(1) of this section, during 
engine and vehicle operation specified in paragraph (a)(4)(ii) of this 
section except as noted in paragraph (a)(4)(iii) of this section.
    (ii) For each engine family, the not-to-exceed emission limits must 
apply during one of the following two ambient operating regions:
    (A) The not-to-exceed limits apply for all altitudes less than or 
equal to 5,500 feet above sea-level, during all ambient conditions 
(temperature and

[[Page 212]]

humidity). Temperature and humidity ranges for which correction factors 
are allowed are specified in Sec. 86.1370-2007(e); or
    (B)(1) The not-to-exceed emission limits apply at all altitudes less 
than or equal to 5,500 feet above sea-level, for temperatures less than 
or equal to the temperature determined by the following equation at the 
specified altitude:

T = -0.00254 x A + 100

Where:

T = ambient air temperature in degrees Fahrenheit.
A = altitude in feet above sea-level (A is negative for altitudes below 
sea-level).

    (2) Temperature and humidity ranges for which correction factors are 
allowed are specified in Sec. 86.1370-2007(e);
    (iii) For engines equipped with exhaust gas recirculation, the not-
to-exceed emission limits specified in paragraph (a)(4)(i) of this 
section do not apply to engine or vehicle operation during cold 
operating conditions as specified in Sec. 86.1370-2007(f).
    (iv) Deficiencies for NTE emission standards. (A) For model years 
2007 through 2009, upon application by the manufacturer, the 
Administrator may accept a HDDE as compliant with the NTE standards even 
though specific requirements are not fully met. Such compliances without 
meeting specific requirements, or deficiencies, will be granted only if 
compliance would be infeasible or unreasonable considering such factors 
as, but not limited to: Technical feasibility of the given hardware and 
lead time and production cycles including phase-in or phase-out of 
engines or vehicle designs and programmed upgrades of computers. 
Deficiencies will be approved on an engine model and/or horsepower 
rating basis within an engine family, and each approval is applicable 
for a single model year. A manufacturer's application must include a 
description of the auxiliary emission control device(s) which will be 
used to maintain emissions to the lowest practical level, considering 
the deficiency being requested, if applicable. An application for a 
deficiency must be made during the certification process; no deficiency 
will be granted to retroactively cover engines already certified.
    (B) Unmet requirements should not be carried over from the previous 
model year except where unreasonable hardware or software modifications 
would be necessary to correct the deficiency, and the manufacturer has 
demonstrated an acceptable level of effort toward compliance as 
determined by the Administrator. The NTE deficiency should only be seen 
as an allowance for minor deviations from the NTE requirements. The NTE 
deficiency provisions allow a manufacturer to apply for relief from the 
NTE emission requirements under limited conditions. EPA expects that 
manufacturers should have the necessary functioning emission control 
hardware in place to comply with the NTE.
    (C) For model years 2010 through 2013, the Administrator may allow 
up to three deficiencies per engine family. The provisions of paragraphs 
(a)(4)(iv)(A) and (B) of this section apply for deficiencies allowed by 
this paragraph (a)(4)(iv)(C). In determining whether to allow the 
additional deficiencies, the Administrator may consider any relevant 
factors, including the factors identified in paragraph (a)(4)(iv)(A) of 
this section. If additional deficiencies are approved, the Administrator 
may set any additional conditions that he/she determines to be 
appropriate.
    (v) The emission limits specified in paragraphs (a)(3) and (a)(4) of 
this section shall be rounded to the same number of significant figures 
as the applicable standards in paragraph (a)(1) of this section using 
ASTM E29-93a (Incorporated by reference at Sec. 86.1).
    (vi) Manufacturers are not required to provide engine information 
exclusively related to in-use testing as part of initial certification. 
However, upon request from EPA the manufacturers must provide the 
information which clearly identifies parameters defining all NTE 
deficiencies described under paragraph (a)(4)(iv) of this section and 
parameters defining all NTE limited testing regions described under 
Sec. 86.1370-2007(b)(6) and (7) that are requested. When requested, 
deficiencies and limited testing regions must be reported for all engine 
families and

[[Page 213]]

power ratings in English with sufficient detail for us to determine if a 
particular deficiency or limited testing region will be encountered in 
the emission test data from the portable emission-sampling equipment and 
field-testing procedures referenced in Sec. 86.1375. Such information 
is to be provided within 60 days of the request from EPA.
    (b)(1) introductory text through (b)(1)(iii) [Reserved]. For 
guidance see Sec. 86.004-11.
    (b)(1)(iv) Operation within the NTE zone (defined in Sec. 86.1370-
2007) must comply with a filter smoke number of 1.0 under steady-state 
operation, or the following alternate opacity limits:
    (A) A 30 second transient test average opacity limit of 4% for a 5 
inch path; and
    (B) A 10 second steady state test average opacity limit of 4% for a 
5 inch path.
    (2)(i) The standards set forth in Sec. 86.004-11 (b)(1)(i)-(iii) 
refer to exhaust smoke emissions generated under the conditions set 
forth in subpart I of this part and measured and calculated in 
accordance with those procedures.
    (ii) The standards set forth in paragraph (b)(1)(iv) of this section 
refer to exhaust smoke emissions generated under the conditions set 
forth in Sec. 86.1370-2007 and calculated in accordance with the 
procedures set forth in Sec. 86.1372-2007.
    (b)(3) and (b)(4) [Reserved]. For guidance see Sec. 86.004-11.
    (c) No crankcase emissions shall be discharged directly into the 
ambient atmosphere from any new 2007 or later model year diesel HDE, 
with the following exception: HDEs equipped with turbochargers, pumps, 
blowers, or superchargers for air induction may discharge crankcase 
emissions to the ambient atmosphere if the emissions are added to the 
exhaust emissions (either physically or mathematically) during all 
emission testing. Manufacturers taking advantage of this exception must 
manufacture the engines so that all crankcase emission can be routed 
into a dilution tunnel (or other sampling system approved in advance by 
the Administrator), and must account for deterioration in crankcase 
emissions when determining exhaust deterioration factors. For the 
purpose of this paragraph (c), crankcase emissions that are routed to 
the exhaust upstream of exhaust aftertreatment during all operation are 
not considered to be ``discharged directly into the ambient 
atmosphere.''
    (d) Every manufacturer of new motor vehicle engines subject to the 
standards prescribed in this section shall, prior to taking any of the 
actions specified in section 203(a)(1) of the Act, test or cause to be 
tested motor vehicle engines in accordance with applicable procedures in 
subpart I or N of this part to ascertain that such test engines meet the 
requirements of paragraphs (a), (b), (c), and (d) of this section.
    (e) [Reserved]. For guidance see Sec. 86.004-11.
    (f) (1) Model year 2007 and later diesel-fueled heavy-duty engines 
and vehicles for sale in Guam, American Samoa, or the Commonwealth of 
the Northern Mariana Islands shall be subject to the same standards and 
requirements as apply to 2006 model year diesel heavy-duty engines and 
vehicles, but only if the vehicle or engine bears a permanently affixed 
label stating:

    THIS ENGINE (or VEHICLE, as applicable) CONFORMS TO US EPA EMISSION 
STANDARDS APPLICABLE TO MODEL YEAR 2006. THIS ENGINE (or VEHICLE, as 
applicable) DOES NOT CONFORM TO US EPA EMISSION REQUIREMENTS IN EFFECT 
AT TIME OF PRODUCTION AND MAY NOT BE IMPORTED INTO THE UNITED STATES OR 
ANY TERRITORY OF THE UNITED STATES EXCEPT GUAM, AMERICAN SAMOA, OR THE 
COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.

    (2) The importation or sale of such a vehicle or engine for use at 
any location U.S. other than Guam, American Samoa, or the Commonwealth 
of the Northern Mariana Islands shall be considered a violation of 
section 203(a)(1) of the Clean Air Act. In addition, vehicles or vehicle 
engines subject to this exemption may not subsequently be imported or 
sold into any state or territory of the United States other than Guam, 
American Samoa, or Commonwealth of the Northern Mariana Islands.
    (g) Phase-in options. (1) For model years 2007, 2008, and 2009, 
manufacturers may certify some of their engine families to the combined 
NOX plus

[[Page 214]]

NMHC standard applicable to model year 2006 engines under Sec. 86.004-
11, in lieu of the separate NOX and NMHC standards specified 
in paragraph (a)(1) of this section. These engines must comply with all 
other requirements applicable to model year 2007 engines. The combined 
number of engines in the engine families certified to the 2006 combined 
NOX plus NMHC standard may not exceed 50 percent of the 
manufacturer's U.S.-directed production of heavy-duty diesel motor 
vehicle engines for model year 2007, 2008, or 2009, except as explicitly 
allowed by this paragraph (g).
    (2)(i) Manufacturers certifying engines to all of the applicable 
standards listed in paragraph (a) and (c) of this section (without using 
credits) prior to model year 2007 may reduce the number of engines that 
are required to meet the standards listed in paragraph (a) of this 
section in model year 2007, 2008 and/or 2009, taking into account the 
phase-in option provided in paragraph (g)(1) of this section. For every 
two engines that are certified early, the manufacturer may reduce the 
number of engines that are required by paragraph (g)(1) of this section 
to meet standards listed in paragraph (a)(1) of this section by three 
engines. For example, if a manufacturer produces 100 heavy-duty diesel 
engines in 2006 that meet all of the applicable standards listed in 
paragraph (a) of this section, and it produced 10,000 heavy-duty diesel 
engines in 2007, then only 4,850 ((10,000)(0.50) - (100)(1.5)) of the 
engines would need to comply with the standards listed in paragraph (a) 
of this section.
    (ii) Manufacturers certifying engines to the PM standards listed in 
paragraph (a), and to all of the applicable standards in paragraph (c) 
of this section (without using credits) prior to model year 2007 may 
reduce the number of engines that are required to meet the PM standard 
listed in paragraph (a) of this section in model year 2007, 2008 and/or 
2009. For every two engines that are certified to the PM standard early, 
the manufacturer may reduce the number of engines that are otherwise 
required to meet the PM standard listed in paragraph (a)(1) of this 
section by three engines.
    (3) Manufacturers may initially base compliance with the phase-in 
requirements of paragraph (g)(1) or (g)(2) of this section on projected 
U.S.-directed production estimates. This is allowed for model year 2007 
and/or 2008. However, if a manufacturer's actual U.S. directed 
production volume of engines that comply with the model year 2007 
NOX and NMHC standards is less than the required amount, the 
shortfall (in terms of number of engines) must be made up prior to 2010. 
For example, if a manufacturer plans in good faith to produce 50 percent 
of its projected 10,000 2007 engines (i.e., 5,000 engines) in compliance 
with the 2007 NOX and NMHC standard, but is only able to 
produce 4,500 such engines of an actual 10,000 2007 engines, the 
manufacturer would need to produce an extra 500 engines in 2008 or 2009 
in compliance with the 2007 NOX and NMHC standard. The 
deficit allowed by this paragraph (g)(3) may not exceed 25 percent of 
the U.S. directed production volume.
    (4) Manufacturers certifying engines to a voluntary NOX 
standard of 0.10 g/bhp-hr (without using credits) in addition to all of 
the other applicable standards listed in paragraphs (a) and (c) of this 
section prior to model year 2007 may reduce the number of engines that 
are required to meet the standards listed in paragraph (a)(1) of this 
section in model year 2007, 2008 and/or 2009, taking into account the 
phase-in option provided in paragraph (g)(1) of this section. For every 
engine that is certified early under this provision, the manufacturer 
may reduce the number of engines that are required by paragraph (g)(1) 
of this section to meet the standards listed in paragraph (a)(1) of this 
section by two engines.
    (5) For engines certified under paragraph (g)(1) of this section to 
the NOX+NMHC standard in Sec. 86.004-11, the standards or 
FELs to which they are certified shall be used for the purposes of 
paragraphs (a)(3) and (a)(4) of this section.
    (6) Manufacturers may determine the number of engines and vehicles 
that are required to certify to the NOX standard in this 
section (including the phase-out engines certified to the 
NOX+NMHC standard referenced in this paragraph(g)) based on 
calendar years

[[Page 215]]

2007, 2008, and 2009, rather than model years 2007, 2008, and 2009.
    (h)(1) For model years prior to 2012, for purposes of determining 
compliance after title or custody has transferred to the ultimate 
purchaser, for engines having a NOX FEL no higher than 1.30 
g/bhp-hr, the applicable compliance limit shall be determined by adding 
the applicable adjustment from paragraph (h)(2) of this section to the 
otherwise applicable standard or FEL for NOX.
    (2)(i) For engines with 110,000 or fewer miles, the adjustment is 
0.10 g/bhp-hr.
    (ii) For engines with 110,001 to 185,000 miles, the adjustment is 
0.15 g/bhp-hr.
    (iii) For engines with 185,001 or more miles, the adjustment is 0.20 
g/bhp-hr.
    (3) For model years prior to 2012, for purposes of determining 
compliance after title or custody has transferred to the ultimate 
purchaser, the applicable compliance limit shall be determined by adding 
0.01 g/bhp-hr to the otherwise applicable standard or FEL for PM.

[65 FR 59954, Oct. 6, 2000, as amended at 66 FR 5161, Jan. 18, 2001; 70 
FR 34619, June 14, 2005; 70 FR 40432, July 13, 2005; 71 FR 51486, Aug. 
30, 2006; 73 FR 37192, June 30, 2008]



Sec. 86.007-15  NOX and particulate averaging, trading, and banking 
for heavy-duty engines.

    Section 86.007-15 includes text that specifies requirements that 
differ from Sec. 86.004-15. Where a paragraph in Sec. 86.004-15 is 
identical and applicable to Sec. 86.007-15, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.004-15.''
    (a)-(l) [Reserved]. For guidance see Sec. 86.004-15.
    (m) The following provisions apply for model year 2007 and later 
engines (including engines certified during years 2007-2009 under the 
phase-in provisions of Sec. 86.007-11(g)(1), Sec. 86.005-10(a), or 
Sec. 86.008-10(f)(1)). These provisions apply instead of the provisions 
of paragraphs Sec. 86.004-15 (a) through (k) to the extent that they 
are in conflict.
    (1) Manufacturers of Otto-cycle engines may participate in an NMHC 
averaging, banking and trading program to show compliance with the 
standards specified in Sec. 86.008-10. The generation and use of NMHC 
credits are subject to the same provisions in paragraphs Sec. 86.004-15 
(a) through (k) that apply for NOX plus NMHC credits, except 
as otherwise specified in this section.
    (2) Credits are calculated as NOX or NMHC credits for 
engines certified to separate NOX and NMHC standards. 
NOX plus NMHC credits (including banked credits and credits 
that are generated during years 2007-2009 under the phase-in provisions 
of Sec. 86.007-11(g)(1), Sec. 86.005-10(a), or Sec. 86.008-10(f)(1)) 
may be used to show compliance with 2007 or later NOX 
standards ( NOX or NMHC standards for Otto-cycle engines), 
subject to an 0.8 discount factor (e.g., 100 grams of NOX 
plus NMHC credits is equivalent to 80 grams of NOX credits).
    (3) NOX or NMHC (or NOX plus NMHC) credits may 
be exchanged between heavy-duty Otto-cycle engine families certified to 
the engine standards of this subpart and heavy-duty Otto-cycle engine 
families certified to the chassis standards of subpart S of this part, 
subject to an 0.8 discount factor (e.g., 100 grams of NOX (or 
NOX plus NMHC) credits generated from engines would be 
equivalent to 80 grams of NOX credits if they are used in the 
vehicle program of subpart S, and vice versa).
    (4) Credits that were previously discounted when they were banked 
according to paragraph (c) of Sec. 86.004-15, are subject to an 
additional discount factor of 0.888 instead of the 0.8 discount factor 
otherwise required by paragraph (m)(2) or (m)(3) of this section. This 
results in a total discount factor of 0.8 (0.9 x 0.888 = 0.8).
    (5) For diesel engine families, the combined number of engines 
certified to FELs higher than 0.50 g/bhp-hr using banked NOX 
(and/or NOX plus NMHC) credits in any given model year may 
not exceed 10 percent of the manufacturer's U.S.-directed production of 
engines in all heavy-duty diesel engine families for that model year.
    (6) The FEL must be expressed to the same number of decimal places 
as the standard (generally, one-hundredth of a gram per brake 
horsepower-hour). For engines certified to standards expressed only one-
tenth of a gram per brake horsepower-hour, if the FEL is

[[Page 216]]

below 1.0, then add a zero to the standard in the second decimal place 
and express the FEL to nearest one-hundredth of a gram per brake 
horsepower-hour.
    (7) Credits are to be rounded to the nearest one-hundredth of a 
Megagram using ASTM E29-93a (Incorporated by reference at Sec. 86.1).
    (8) Credits generated for 2007 and later model year diesel engine 
families, or generated for 2008 and later model year Otto-cycle engine 
families are not discounted (except as specified in paragraph (m)(2) or 
(m)(3) of this section), and do not expire.
    (9) For the purpose of using or generating credits during a phase-in 
of new standards, a manufacturer may elect to split an engine family 
into two subfamilies (e.g., one which uses credits and one which 
generates credits). The manufacturer must indicate in the application 
for certification that the engine family is to be split, and may assign 
the numbers and configurations of engines within the respective 
subfamilies at any time prior to the submission of the end-of-year 
report required by Sec. 86.001-23.
    (i) Manufacturers certifying a split diesel engine family to both 
the Phase 1 and Phase 2 standards with equally sized subfamilies may 
exclude the engines within that split family from end-of-year 
NOX (or NOX+NMHC) ABT calculations, provided that 
neither subfamily generates credits for use by other engine families, or 
uses banked credits, or uses averaging credits from other engine 
families. All of the engines in that split family must be excluded from 
the phase-in calculations of Sec. 86.007-11(g)(1) (both from the number 
of engines complying with the standards being phased-in and from the 
total number of U.S.-directed production engines.)
    (ii) Manufacturers certifying a split Otto-cycle engine family to 
both the Phase 1 and Phase 2 standards with equally sized subfamilies 
may exclude the engines within that split family from end-of-year 
NOX (or NOX+NMHC) ABT calculations, provided that 
neither subfamily generates credits for use by other engine families, or 
uses banked credits, or uses averaging credits from other engine 
families. All of the engines in that split family must be excluded from 
the phase-in calculations of Sec. 86.008-10(f)(1) (both from the number 
of engines complying with the standards being phased-in and from the 
total number of U.S.-directed production engines.)
    (iii) Manufacturers certifying a split engine family may label all 
of the engines within that family with a single NOX or 
NOX+NMHC FEL. The FEL on the label will apply for all SEA or 
other compliance testing.
    (iv) Notwithstanding the provisions of paragraph (m)(9)(iii) of this 
section, for split families, the NOX FEL shall be used to 
determine applicability of the provisions of Sec. Sec. 86.007-
11(a)(3)(ii), (a)(4)(i)(B), and (h)(1), and 86.008-10(g).
    (10) For model years 2007 through 2009, to be consistent with the 
phase-in provisions of Sec. 86.007-11(g)(1), credits generated from 
engines in one diesel engine service class (e.g., light-heavy duty 
diesel engines) may be used for averaging by engines in a different 
diesel engine service class, provided the credits are calculated for 
both engine families using the conversion factor and useful life of the 
engine family using the credits, and the engine family using the credits 
is certified to the standards listed in Sec. 86.007-11(a)(1). Banked or 
traded credits may not be used by any engine family in a different 
service class than the service class of the engine family generating the 
credits.

[66 FR 5163, Jan. 18, 2001]



Sec. 86.007-17  On-board Diagnostics for engines used in applications 
less than or equal to 14,000 pounds GVWR.

    (a) General. (1) All heavy-duty engines intended for use in a heavy-
duty vehicle weighing 14,000 pounds GVWR or less must be equipped with 
an on-board diagnostic (OBD) system capable of monitoring all emission-
related engine systems or components during the applicable useful life. 
Heavy-duty engines intended for use in a heavy-duty vehicle weighing 
14,000 pounds GVWR or less must meet the OBD requirements of this 
section according to the phase-in schedule in paragraph (k) of this 
section. All monitored systems

[[Page 217]]

and components must be evaluated periodically, but no less frequently 
than once per applicable certification test cycle as defined in appendix 
I, paragraph (f), of this part, or similar trip as approved by the 
Administrator.
    (2) An OBD system demonstrated to fully meet the requirements in 
Sec. 86.1806-05 may be used to meet the requirements of this section, 
provided that the Administrator finds that a manufacturer's decision to 
use the flexibility in this paragraph (a)(2) is based on good 
engineering judgment.
    (b) Malfunction descriptions. The OBD system must detect and 
identify malfunctions in all monitored emission-related engine systems 
or components according to the following malfunction definitions as 
measured and calculated in accordance with test procedures set forth in 
subpart N of this part (engine-based test procedures) excluding the test 
procedure referred to as the ``Supplemental emission test; test cycle 
and procedures'' contained in Sec. 86.1360, and excluding the test 
procedure referred to as the ``Not-To-Exceed Test Procedure'' contained 
in Sec. 86.1370, and excluding the test procedure referred to as the 
``Load Response Test'' contained in Sec. 86.1380.
    (1) Catalysts and particulate filters.--(i) Otto-cycle. Catalyst 
deterioration or malfunction before it results in an increase in NMHC 
(or NOX+NMHC, as applicable) emissions 1.5 times the NMHC (or 
NOX+NMHC, as applicable) standard or family emission limit 
(FEL), as compared to the NMHC (or NOX+NMHC, as applicable) 
emission level measured using a representative 4000 mile catalyst 
system.
    (ii) Diesel. (A) If equipped, reduction catalyst deterioration or 
malfunction before it results in exhaust NOX emissions 
exceeding, for model years 2007 through 2012, either 1.75 times the 
applicable NOX standard for engines certified to a 
NOX family emission limit (FEL) greater than 0.50 g/bhp-hr, 
or the applicable NOX FEL+0.6 g/bhp-hr for engines certified 
to a NOX FEL less than or equal to 0.50 g/bhp-hr and, for 
model years 2013 and later, the applicable NOX FEL+0.3 g/bhp-
hr. If equipped, diesel oxidation catalyst (DOC) deterioration or 
malfunction before it results in exhaust NMHC emissions exceeding, for 
model years 2010 through 2012, 2.5 times the applicable NMHC standard 
and, for model years 2013 and later, 2 times the applicable NMHC 
standard. These catalyst monitoring requirements need not be done if the 
manufacturer can demonstrate that deterioration or malfunction of the 
system will not result in exceedance of the threshold. As an 
alternative, oxidation catalyst deterioration or malfunction before it 
results in an inability to achieve a temperature rise of 100 degrees C, 
or to reach the necessary diesel particulate filter (DPF) regeneration 
temperature, within 60 seconds of initiating an active DPF regeneration. 
Further, oxidation catalyst deterioration or malfunction when the DOC is 
unable to sustain the necessary regeneration temperature for the 
duration of the regeneration event. The OBD or control system must abort 
the regeneration if the regeneration temperature has not been reached 
within five minutes of initiating an active regeneration event, and if 
the regeneration temperature cannot be sustained for the duration of the 
regeneration event.
    (B) If equipped with a DPF for model years 2007 through 2009, 
catastrophic failure of the device must be detected. Any DFP whose 
complete failure results in exhaust emissions exceeding 1.5 times the 
applicable standard or FEL for NMHC (or NOX+NMHC, as 
applicable) or PM must be monitored for such catastrophic failure. This 
monitoring need not be done if the manufacturer can demonstrate that a 
catastrophic failure of the system will not result in exceedance of the 
threshold. If equipped with a DPF for model years 2010 and later, DPF 
deterioration or malfunction before it results in exhaust emissions 
exceeding the applicable PM FEL+0.04 g/bhp-hr or 0.05 g/bhp-hr PM, 
whichever is higher. As an alternative to this requirement for 2010 
through 2012, the OBD system can be designed to detect a malfunction 
based on a detectable decrease in the expected pressure drop across the 
DPF for a period of 5 seconds or more, whenever the engine is speed is 
greater than or equal to 50% (as defined in Sec. 1065.610, Eq. 
1065.610-3) and engine load, or torque, is greater than or equal to 50% 
of the maximum available at that

[[Page 218]]

speed under standard emission test conditions. For purposes of this 
paragraph, the detectable change in pressure drop is defined by 
operating the engine at its 50% speed and 50% load point under standard 
emission test conditions, observing the pressure drop on a clean DPF, 
and multiplying the observed pressure drop by 0.5. The detectable change 
in pressure drop shall be reported in units of kilopascals (kPa). At 
time of certification, manufacturers shall provide the detectable change 
in pressure drop value along with OBD engine data parameters recorded at 
the following nine engine speed/load operating points with a clean DPF: 
50% speed, 50% load; 50% speed, 75% load, 50% speed, 100% load; 75% 
speed, 50% load; 75% speed, 75% load; 75% speed, 100% load; 100% speed, 
50% load; 100% speed, 75% load; and 100% speed, 100% load. The OBD 
engine data pararmeters to be reported are described in Sec. 86.010-
18(k)(4)(ii) and shall include the following: engine speed; calculated 
load; air flow rate from mass air flow sensor (if so equipped); fuel 
rate; and DPF delta pressure. On all engines so equipped, catastrophic 
failure of the particulate trap must also be detected. In addition, the 
absence of the particulate trap or the trapping substrate must be 
detected.
    (2) Engine misfire--(i) Otto-cycle. Engine misfire resulting in 
exhaust emissions exceeding 1.5 times the applicable standard or FEL for 
NMHC, NOX (or NOX+NMHC, as applicable) or CO; and 
any misfire capable of damaging the catalytic converter.
    (ii) Diesel. Lack of cylinder combustion must be detected.
    (3) Exhaust gas sensors--(i) Oxygen sensors and air-fuel ratio 
sensors downstream of aftertreatment devices.
    (A) Otto-cycle. If equipped, sensor deterioration or malfunction 
resulting in exhaust emissions exceeding 1.5 times the applicable 
standard or FEL for NMHC, NOX or CO.
    (B) Diesel. If equipped, sensor deterioration or malfunction 
resulting in exhaust emissions exceeding any of the following levels: 
The applicable PM FEL+0.04 g/bhp-hr or 0.05 g/bhp-hr PM, whichever is 
higher; or, for model years 2007 through 2012, 1.75 times the applicable 
NOX standard for engines certified to a NOX FEL 
greater than 0.50 g/bhp-hr, or, the applicable NOX FEL+0.6 g/
bhp-hr for engines certified to a NOX FEL less than or equal 
to 0.50 g/bhp-hr and, for model years 2013 and later, the applicable 
NOX FEL+0.3 g/bhp-hr; or, for model years 2010 through 2012, 
2.5 times the applicable NMHC standard and, for model years 2013 and 
later, 2 times the applicable NMHC standard.
    (ii) Oxygen sensors and air-fuel ratio sensors upstream of 
aftertreatment devices--(A) Otto-cycle. If equipped, sensor 
deterioration or malfunction resulting in exhaust emissions exceeding 
1.5 times the applicable standard or FEL for NMHC, NOX or CO.
    (B) Diesel. If equipped, sensor deterioration or malfunction 
resulting in exhaust emissions exceeding any of the following levels: 
for model years 2007 through 2009, the applicable PM FEL+0.04 g/bhp-hr 
or 0.05 g/bhp-hr PM, whichever is higher and, for model years 2010 and 
later, the applicable PM FEL+0.02 g/bhp-hr or 0.03 g/bhp-hr PM, 
whichever is higher; or, for model years 2007 through 2012, 1.75 times 
the applicable NOX standard for engines certified to a 
NOX FEL greater than 0.50 g/bhp-hr, or the applicable 
NOX FEL+0.6 g/bhp-hr for engines certified to a 
NOX FEL less than or equal to 0.50 g/bhp-hr and, for model 
years 2013 and later, the applicable NOX FEL+0.3 g/bhp-hr ; 
or, for model years 2007 through 2012, 2.5 times the applicable NMHC 
standard and, for model years 2013 and later, 2 times the applicable 
NMHC standard; or, for 2007 through 2012, 2.5 times the applicable CO 
standard and, for model years 2013 and later, 2 times the applicable CO 
standard.
    (iii) NOX sensors--(A) Otto-cycle. If equipped, sensor deterioration 
or malfunction resulting in exhaust emissions exceeding 1.5 times the 
applicable standard or FEL for NMHC, NOX or CO.
    (B) Diesel. If equipped, sensor deterioration or malfunction 
resulting in exhaust emissions exceeding any of the following levels: 
the applicable PM FEL+0.04 g/bhp-hr or 0.05 g/bhp-hr PM, whichever is 
higher; or, for model years 2007 through 2012, 1.75 times the applicable 
NOX standard for engines certified to a NOX FEL 
greater than 0.50 g/bhp-hr; or, the applicable NOX FEL+0.6 g/
bhp-hr for engines certified to a NOX

[[Page 219]]

FEL less than or equal to 0.50 g/bhp-hr and, for model years 2013 and 
later, the applicable NOX FEL+0.3 g/bhp-hr.
    (4) Evaporative leaks. If equipped, any vapor leak in the 
evaporative and/or refueling system (excluding the tubing and 
connections between the purge valve and the intake manifold) greater 
than or equal in magnitude to a leak caused by a 0.040 inch diameter 
orifice; an absence of evaporative purge air flow from the complete 
evaporative emission control system. Where fuel tank capacity is greater 
than 25 gallons, the Administrator may, following a request from the 
manufacturer, revise the size of the orifice to the smallest orifice 
feasible, based on test data, if the most reliable monitoring method 
available cannot reliably detect a system leak equal to a 0.040 inch 
diameter orifice.
    (5) Other emission control systems and components--(i) Otto-cycle. 
Any deterioration or malfunction occurring in an engine system or 
component directly intended to control emissions, including but not 
necessarily limited to, the exhaust gas recirculation (EGR) system, if 
equipped, the secondary air system, if equipped, and the fuel control 
system, singularly resulting in exhaust emissions exceeding 1.5 times 
the applicable emission standard or FEL for NMHC, NOX or CO. 
For engines equipped with a secondary air system, a functional check, as 
described in paragraph (b)(6) of this section, may satisfy the 
requirements of this paragraph (b)(5) provided the manufacturer can 
demonstrate that deterioration of the flow distribution system is 
unlikely. This demonstration is subject to Administrator approval and, 
if the demonstration and associated functional check are approved, the 
diagnostic system must indicate a malfunction when some degree of 
secondary airflow is not detectable in the exhaust system during the 
check. For engines equipped with positive crankcase ventilation (PCV), 
monitoring of the PCV system is not necessary provided the manufacturer 
can demonstrate to the Administrator's satisfaction that the PCV system 
is unlikely to fail.
    (ii) Diesel. Any deterioration or malfunction occurring in an engine 
system or component directly intended to control emissions, including 
but not necessarily limited to, the exhaust gas recirculation (EGR) 
system, if equipped, and the fuel control system, singularly resulting 
in exhaust emissions exceeding any of the following levels: for model 
years 2007 through 2009, the applicable PM FEL+0.04 g/bhp-hr or 0.05 g/
bhp-hr PM, whichever is higher and, for model years 2010 and later, the 
applicable PM FEL+0.02 g/bhp-hr or 0.03 g/bhp-hr PM, whichever is 
higher; or, for model years 2007 through 2012, 1.75 times the applicable 
NOX standard for engines certified to a NOX FEL 
greater than 0.50 g/bhp-hr or the applicable NOX FEL+0.6 g/
bhp-hr for engines certified to a NOX FEL less than or equal 
to 0.50 g/bhp-hr and, for model years 2013 and later, the applicable 
NOX FEL+0.3 g/bhp-hr; or, for model years 2007 through 2012, 
2.5 times the applicable NMHC standard and, for model years 2013 and 
later, 2 times the applicable NMHC standard; or, for model years 2007 
through 2012, 2.5 times the applicable CO standard and, for model years 
2013 and later, 2 times the applicable CO standard. A functional check, 
as described in paragraph (b)(6) of this section, may satisfy the 
requirements of this paragraph (b)(5) provided the manufacturer can 
demonstrate that a malfunction would not cause emissions to exceed the 
applicable levels. This demonstration is subject to Administrator 
approval. For engines equipped with crankcase ventilation (CV), 
monitoring of the CV system is not necessary provided the manufacturer 
can demonstrate to the Administrator's satisfaction that the CV system 
is unlikely to fail.
    (6) Other emission-related engine components. Any other 
deterioration or malfunction occurring in an electronic emission-related 
engine system or component not otherwise described above that either 
provides input to or receives commands from the on-board computer and 
has a measurable impact on emissions; monitoring of components required 
by this paragraph (b)(6) must be satisfied by employing electrical 
circuit continuity checks and rationality checks for computer input 
components (input values within manufacturer specified ranges based on 
other available operating parameters),

[[Page 220]]

and functionality checks for computer output components (proper 
functional response to computer commands) except that the Administrator 
may waive such a rationality or functionality check where the 
manufacturer has demonstrated infeasibility. Malfunctions are defined as 
a failure of the system or component to meet the electrical circuit 
continuity checks or the rationality or functionality checks.
    (7) Performance of OBD functions. Any sensor or other component 
deterioration or malfunction which renders that sensor or component 
incapable of performing its function as part of the OBD system must be 
detected and identified on engines so equipped.
    (c) Malfunction indicator light (MIL). The OBD system must 
incorporate a malfunction indicator light (MIL) readily visible to the 
vehicle operator. When illuminated, the MIL must display ``Check 
Engine,'' ``Service Engine Soon,'' a universally recognizable engine 
symbol, or a similar phrase or symbol approved by the Administrator. 
More than one general purpose malfunction indicator light for emission-
related problems should not be used; separate specific purpose warning 
lights (e.g., brake system, fasten seat belt, oil pressure, etc.) are 
permitted. The use of red for the OBD-related malfunction indicator 
light is prohibited.
    (d) MIL illumination--(1) The MIL must illuminate and remain 
illuminated when any of the conditions specified in paragraph (b) of 
this section are detected and verified, or whenever the engine control 
enters a default or secondary mode of operation considered abnormal for 
the given engine operating conditions. The MIL must blink once per 
second under any period of operation during which engine misfire is 
occurring and catalyst damage is imminent. If such misfire is detected 
again during the following driving cycle (i.e., operation consisting of, 
at a minimum, engine start-up and engine shut-off) or the next driving 
cycle in which similar conditions are encountered, the MIL must maintain 
a steady illumination when the misfire is not occurring and then remain 
illuminated until the MIL extinguishing criteria of this section are 
satisfied. The MIL must also illuminate when the vehicle's ignition is 
in the ``key-on'' position before engine starting or cranking and 
extinguish after engine starting if no malfunction has previously been 
detected. If a fuel system or engine misfire malfunction has previously 
been detected, the MIL may be extinguished if the malfunction does not 
reoccur during three subsequent sequential trips during which similar 
conditions are encountered and no new malfunctions have been detected. 
Similar conditions are defined as engine speed within 375 rpm, engine 
load within 20 percent, and engine warm-up status equivalent to that 
under which the malfunction was first detected. If any malfunction other 
than a fuel system or engine misfire malfunction has been detected, the 
MIL may be extinguished if the malfunction does not reoccur during three 
subsequent sequential trips during which the monitoring system 
responsible for illuminating the MIL functions without detecting the 
malfunction, and no new malfunctions have been detected. Upon 
Administrator approval, statistical MIL illumination protocols may be 
employed, provided they result in comparable timeliness in detecting a 
malfunction and evaluating system performance, i.e., three to six 
driving cycles would be considered acceptable.
    (2) Drive cycle or driving cycle, in the context of this Sec. 
86.007-17 and for model years 2010 and later, a drive cycle means 
operation that consists of engine startup and engine shutoff and 
includes the period of engine off time up to the next engine startup. 
For vehicles that employ engine shutoff strategies (e.g., engine shutoff 
at idle), the manufacturer may use an alternative definition for drive 
cycle (e.g., key-on followed by key-off). Any alternative definition 
must be based on equivalence to engine startup and engine shutoff 
signaling the beginning and ending of a single driving event for a 
conventional vehicle. For applications that span 14,000 pounds GVWR, the 
manufacturer may use the drive cycle definition of Sec. 86.010-18 in 
lieu of the definition in this paragraph.
    (e) Storing of computer codes. The OBD system shall record and store 
in computer memory diagnostic trouble codes

[[Page 221]]

and diagnostic readiness codes indicating the status of the emission 
control system. These codes shall be available through the standardized 
data link connector per specifications as referenced in paragraph (h) of 
this section.
    (1) A diagnostic trouble code must be stored for any detected and 
verified malfunction causing MIL illumination. The stored diagnostic 
trouble code must identify the malfunctioning system or component as 
uniquely as possible. At the manufacturer's discretion, a diagnostic 
trouble code may be stored for conditions not causing MIL illumination. 
Regardless, a separate code should be stored indicating the expected MIL 
illumination status (i.e., MIL commanded ``ON,'' MIL commanded ``OFF'').
    (2) For a single misfiring cylinder, the diagnostic trouble code(s) 
must uniquely identify the cylinder, unless the manufacturer submits 
data and/or engineering evaluations which adequately demonstrate that 
the misfiring cylinder cannot be reliably identified under certain 
operating conditions. For diesel engines only, the specific cylinder for 
which combustion cannot be detected need not be identified if new 
hardware would be required to do so. The diagnostic trouble code must 
identify multiple misfiring cylinder conditions; under multiple misfire 
conditions, the misfiring cylinders need not be uniquely identified if a 
distinct multiple misfire diagnostic trouble code is stored.
    (3) The diagnostic system may erase a diagnostic trouble code if the 
same code is not re-registered in at least 40 engine warm-up cycles, and 
the malfunction indicator light is not illuminated for that code.
    (4) Separate status codes, or readiness codes, must be stored in 
computer memory to identify correctly functioning emission control 
systems and those emission control systems which require further engine 
operation to complete proper diagnostic evaluation. A readiness code 
need not be stored for those monitors that can be considered 
continuously operating monitors (e.g., misfire monitor, fuel system 
monitor, etc.). Readiness codes should never be set to ``not ready'' 
status upon key-on or key-off; intentional setting of readiness codes to 
``not ready'' status via service procedures must apply to all such 
codes, rather than applying to individual codes. Subject to 
Administrator approval, if monitoring is disabled for a multiple number 
of driving cycles (i.e., more than one) due to the continued presence of 
extreme operating conditions (e.g., ambient temperatures below 40 
[deg]F, or altitudes above 8000 feet), readiness for the subject 
monitoring system may be set to ``ready'' status without monitoring 
having been completed. Administrator approval shall be based on the 
conditions for monitoring system disablement, and the number of driving 
cycles specified without completion of monitoring before readiness is 
indicated.
    (f) Available diagnostic data. (1) Upon determination of the first 
malfunction of any component or system, ``freeze frame'' engine 
conditions present at the time must be stored in computer memory. Should 
a subsequent fuel system or misfire malfunction occur, any previously 
stored freeze frame conditions must be replaced by the fuel system or 
misfire conditions (whichever occurs first). Stored engine conditions 
must include, but are not limited to: engine speed, open or closed loop 
operation, fuel system commands, coolant temperature, calculated load 
value, fuel pressure, vehicle speed, air flow rate, and intake manifold 
pressure if the information needed to determine these conditions is 
available to the computer. For freeze frame storage, the manufacturer 
must include the most appropriate set of conditions to facilitate 
effective repairs. If the diagnostic trouble code causing the conditions 
to be stored is erased in accordance with paragraph (d) of this section, 
the stored engine conditions may also be erased.
    (2) The following data in addition to the required freeze frame 
information must be made available on demand through the serial port on 
the standardized data link connector, if the information is available to 
the on-board computer or can be determined using information available 
to the on-board computer: Diagnostic trouble codes, engine coolant 
temperature, fuel control system status (closed loop, open

[[Page 222]]

loop, other), fuel trim, ignition timing advance, intake air 
temperature, manifold air pressure, air flow rate, engine RPM, throttle 
position sensor output value, secondary air status (upstream, 
downstream, or atmosphere), calculated load value, vehicle speed, and 
fuel pressure. The signals must be provided in standard units based on 
SAE specifications as referenced in paragraph (h) of this section. 
Actual signals must be clearly identified separately from default value 
or limp home signals.
    (3) For all OBD systems for which specific on-board evaluation tests 
are conducted (catalyst, oxygen sensor, etc.), the results of the most 
recent test performed by the vehicle, and the limits to which the system 
is compared must be available through the standardized data link 
connector per the appropriate standardized specifications as referenced 
in paragraph (h) of this section.
    (4) Access to the data required to be made available under this 
section shall be unrestricted and shall not require any access codes or 
devices that are only available from the manufacturer.
    (g) Exceptions. The OBD system is not required to evaluate systems 
or components during malfunction conditions if such evaluation would 
result in a risk to safety or failure of systems or components. 
Additionally, the OBD system is not required to evaluate systems or 
components during operation of a power take-off unit such as a dump bed, 
snow plow blade, or aerial bucket, etc.
    (h) Reference materials. The following documents are incorporated by 
reference, see Sec. 86.1. Anyone may inspect copies at the U.S. EPA or 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at U.S. EPA, NARA, or 
the standard making bodies directly, refer to Sec. 86.1.
    (1) SAE material. (i) SAE J1850, Revised May 2001, shall be used as 
the on-board to off-board communications protocol. All emission related 
messages sent to the scan tool over a J1850 data link shall use the 
Cyclic Redundancy Check and the three byte header, and shall not use 
inter-byte separation or check sums.
    (ii) SAE J1979, Revised April 2002. Basic diagnostic data (as 
specified in Sec. 86.007-17(e) and (f)) shall be provided in the format 
and units in this industry standard.
    (iii) SAE J2012, Revised April 2002. Diagnostic trouble codes shall 
be consistent with this industry standard.
    (iv) SAE J1962, Revised April 2002. The connection interface between 
the OBD system and test equipment and diagnostic tools shall meet the 
functional requirements of this industry standard.
    (v) SAE J1930, Revised April 2002; or, SAE J2403, Revised August 
2007. All acronyms, definitions and abbreviations shall be formatted 
according to one or the other of these industry standards.
    (vi) SAE J1978, Revised April 2002. All equipment used to interface, 
extract and display OBD-related information shall meet this industry 
standard.
    (vii) As an alternative to the above standards, heavy-duty vehicles 
may conform to the specifications of these SAE standards: SAE J1939-11, 
Revised October 1999; SAE J1939-13, July 1999; SAE J1939-21, Revised 
April 2001; SAE J1939-31, Revised December 1997; SAE J1939-71, Revised 
August 2002; SAE J1939-73, Revised June 2001; SAE J1939-81, July 1997.
    (2) ISO materials. (i) ISO 9141-2, February 1, 1994. This industry 
standard may be used as an alternative to SAE J1850 (as specified in 
paragraph (h)(1)(i) of this section) as the on-board to off-board 
communications protocol.
    (ii) ISO 14230-4:2000(E), June 1, 2000. This industry standard may 
be used as an alternative to SAE J1850 (as specified in paragraph 
(h)(1)(i) of this section) as the on-board to off-board communications 
protocol.
    (iii) ISO 15765-4.3:2001, December 14, 2001. This industry standard 
may be used as an alternative to SAE J1850 (as specified in paragraph 
(h)(1)(i) of this section) as the on-board to off-board communications 
protocol.
    (iv) ISO 15765-4:2005(E), January 15, 2005. Beginning with the 2008 
model year and beyond, this industry standard shall be the only 
acceptable protocol used for standardized on-board to off-board 
communications for vehicles below 8500 pounds. For vehicles 8500 to

[[Page 223]]

14000 pounds, either this ISO industry standard or the SAE standards 
listed in paragraph (h)(1)(vii) of this section shall be the only 
acceptable protocols used for standardized on-board to off-board 
communications.
    (i) Deficiencies and alternative fueled engines. Upon application by 
the manufacturer, the Administrator may accept an OBD system as 
compliant even though specific requirements are not fully met. Such 
compliances without meeting specific requirements, or deficiencies, will 
be granted only if compliance would be infeasible or unreasonable 
considering such factors as, but not limited to: technical feasibility 
of the given monitor and lead time and production cycles including 
phase-in or phase-out of engines or vehicle designs and programmed 
upgrades of computers. Unmet requirements should not be carried over 
from the previous model year except where unreasonable hardware or 
software modifications would be necessary to correct the deficiency, and 
the manufacturer has demonstrated an acceptable level of effort toward 
compliance as determined by the Administrator. Furthermore, EPA will not 
accept any deficiency requests that include the complete lack of a major 
diagnostic monitor (``major'' diagnostic monitors being those for 
exhaust aftertreatment devices, oxygen sensor, air-fuel ratio sensor, 
NOX sensor, engine misfire, evaporative leaks, and diesel 
EGR, if equipped), with the possible exception of the special provisions 
for alternative fueled engines. For alternative fueled heavy-duty 
engines (e.g., natural gas, liquefied petroleum gas, methanol, ethanol), 
manufacturers may request the Administrator to waive specific monitoring 
requirements of this section for which monitoring may not be reliable 
with respect to the use of the alternative fuel. At a minimum, 
alternative fuel engines must be equipped with an OBD system meeting OBD 
requirements to the extent feasible as approved by the Administrator.
    (j) California OBDII compliance option. For heavy-duty engines used 
in applications weighing 14,000 pounds GVWR or less, demonstration of 
compliance with California OBD II requirements (Title 13 California Code 
of Regulations Sec. 1968.2 (13 CCR 1968.2)), as modified and approved 
on November 9, 2007 (incorporated by reference, see Sec. 86.1), shall 
satisfy the requirements of this section, except that compliance with 13 
CCR 1968.2(e)(4.2.2)(C), pertaining to 0.02 inch evaporative leak 
detection, and 13 CCR 1968.2(d)(1.4), pertaining to tampering 
protection, are not required to satisfy the requirements of this 
section. Also, the deficiency provisions of 13 CCR 1968.2(k) do not 
apply. The deficiency provisions of paragraph (i) of this section and 
the evaporative leak detection requirement of paragraph (b)(4) of this 
section apply to manufacturers selecting this paragraph (j) for 
demonstrating compliance. In addition, demonstration of compliance with 
13 CCR 1968.2(e)(15.2.1)(C), to the extent it applies to the 
verification of proper alignment between the camshaft and crankshaft, 
applies only to vehicles equipped with variable valve timing.
    (k) Phase-in for heavy-duty engines. Manufacturers of heavy-duty 
engines intended for use in a heavy-duty vehicle weighing 14,000 pounds 
GVWR must comply with the OBD requirements in this section according to 
the following phase-in schedule, based on the percentage of projected 
engine sales within each category. The 2007 requirements in the 
following phase-in schedule apply to all heavy-duty engines intended for 
use in a heavy-duty vehicle weighing 14,000 pounds GVWR or less. For the 
purposes of calculating compliance with the phase-in provisions of this 
paragraph (k), heavy-duty engines may be combined with heavy-duty 
vehicles subject to the phase-in requirements of paragraph Sec. 
86.1806-05(l). The OBD Compliance phase-in table follows:

[[Page 224]]



 OBD Compliance Phase-In for Heavy-Duty Engines Intended for Use in a Heavy-Duty Vehicle Weighing 14,000 Pounds
                                                  GVWR or Less
----------------------------------------------------------------------------------------------------------------
                                           Otto-cycle phase-in based on     Diesel phase-in based on projected
               Model year                        projected sales                           sales
----------------------------------------------------------------------------------------------------------------
2007 MY................................  80% compliance; alternative      100% compliance.
                                          fuel waivers available.
2008+ MY 100% compliance...............  100% compliance................  100% compliance.
----------------------------------------------------------------------------------------------------------------


[74 FR 8356, Feb. 24, 2009]



Sec. 86.007-21  Application for certification.

    Section 86.007-21 includes text that specifies requirements that 
differ from Sec. 86.004-21, 86.094-21 or 86.096-21. Where a paragraph 
in Sec. 86.004-21, 86.094-21 or 86.096-21 is identical and applicable 
to Sec. 86.007-21, this may be indicated by specifying the 
corresponding paragraph and the statement ``[Reserved]. For guidance see 
Sec. 86.004-21.'', ``[Reserved]. For guidance see Sec. 86.094-21.'', 
or ``[Reserved]. For guidance see Sec. 86.096-21.''.
    (a)-(b)(3) [Reserved]. For guidance see Sec. 86.094-21.
    (b)(4)(i) [Reserved]. For guidance see Sec. 86.004-21.
    (b)(4)(ii)-(b)(5)(iv) [Reserved]. For guidance see Sec. 86.094-21.
    (b)(5)(v)-(b)(6) [Reserved]. For guidance see Sec. 86.004-21.
    (b)(7)-(b)(8) [Reserved]. For guidance see Sec. 86.094-21.
    (b)(9)-(b)(10) [Reserved]. For guidance see Sec. 86.004-21.
    (c)-(j) [Reserved]. For guidance see Sec. 86.094-21.
    (k)-(l) [Reserved]. For guidance see Sec. 86.096-21.
    (m)-(n) [Reserved]. For guidance see Sec. 86.004-21.
    (o) For diesel heavy-duty engines, the manufacturer must provide the 
following additional information pertaining to the supplemental emission 
test conducted under Sec. 86.1360-2007:
    (1) Weighted brake-specific emissions data (i.e., in units of g/bhp-
hr), calculated according to 40 CFR 1065.650 for all pollutants for 
which a brake-specific emission standard is established in this subpart;
    (2) For engines subject to the MAEL (see Sec. 86.007-11(a)(3)(ii)), 
brake specific gaseous emission data for each of the 12 non-idle test 
points (identified under Sec. 86.1360-2007(b)(1)) and the 3 EPA-
selected test points (identified under Sec. 86.1360-2007(b)(2));
    (3) For engines subject to the MAEL (see Sec. 86.007-11(a)(3)(ii)), 
concentrations and mass flow rates of all regulated gaseous emissions 
plus carbon dioxide;
    (4) Values of all emission-related engine control variables at each 
test point;
    (5) A statement that the test results correspond to the test engine 
selection criteria in 40 CFR 1065.401. The manufacturer also must 
maintain records at the manufacturer's facility which contain all test 
data, engineering analyses, and other information which provides the 
basis for this statement, where such information exists. The 
manufacturer must provide such information to the Administrator upon 
request;
    (6) For engines subject to the MAEL (see Sec. 86.007-11(a)(3)(ii)), 
a statement that the engines will comply with the weighted average 
emissions standard and interpolated values comply with the Maximum 
Allowable Emission Limits specified in Sec. 86.007-11(a)(3) for the 
useful life of the engine where applicable. The manufacturer also must 
maintain records at the manufacturer's facility which contain a detailed 
description of all test data, engineering analyses, and other 
information which provides the basis for this statement, where such 
information exists. The manufacturer must provide such information to 
the Administrator upon request.
    (7) [Reserved]
    (p)(1) The manufacturer must provide a statement in the application 
for certification that the diesel heavy-duty engine for which 
certification is being requested will comply with the applicable Not-To-
Exceed Limits specified in Sec. 86.007-11(a)(4) when operated under all 
conditions which may reasonably be expected to be encountered in normal

[[Page 225]]

vehicle operation and use. The manufacturer also must maintain records 
at the manufacturers facility which contain all test data, engineering 
analyses, and other information which provides the basis for this 
statement, where such information exists. The manufacturer must provide 
such information to the Administrator upon request.
    (2) For engines equipped with exhaust gas recirculation, the 
manufacturer must provide a detailed description of the control system 
the engine will use to comply with the requirements of Sec. Sec. 
86.007-11(a)(4)(iii) and 86.1370-2007(f) for NTE cold temperature 
operating exclusion, including but not limited to the method the 
manufacturer will use to access this exclusion during normal vehicle 
operation.
    (3) For each engine model and/or horsepower rating within an engine 
family for which a manufacturer is applying for an NTE deficiency(ies) 
under the provisions of Sec. 86.007-11(a)(4)(iv), the manufacturer's 
application for an NTE deficiency(ies) must include a complete 
description of the deficiency, including but not limited to: the 
specific description of the deficiency; what pollutant the deficiency is 
being applied for, all engineering efforts the manufacturer has made to 
overcome the deficiency, what specific operating conditions the 
deficiency is being requested for (i.e., temperature ranges, humidity 
ranges, altitude ranges, etc.), a full description of the auxiliary 
emission control device(s) which will be used to maintain emissions to 
the lowest practical level; and what the lowest practical emission level 
will be.
    (q) The manufacturer must name an agent for service of process 
located in the United States. Service on this agent constitutes service 
on you or any of your officers or employees for any action by EPA or 
otherwise by the United States related to the requirements of this part.

[65 FR 59954, Oct. 6, 2000, as amended at 70 FR 40433, July 13, 2005; 71 
FR 51487, Aug. 30, 2006]



Sec. 86.007-23  Required data.

    Section 86.007-23 includes text that specifies requirements that 
differ from Sec. 86.095-23, Sec. 86.098-23, or Sec. 86.001-23. Where 
a paragraph in Sec. 86.095-23, Sec. 86.098-23, or Sec. 86.001-23 is 
identical and applicable to Sec. 86.007-23, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.095-23.'', ``[Reserved]. For guidance see 
Sec. 86.098-23.'', or ``[Reserved]. For guidance see Sec. 86.001-
23.''.
    (a)-(b)(1) [Reserved]. For guidance see Sec. 86.098-23.
    (b)(2) [Reserved]. For guidance see Sec. 86.001-23.
    (b)(3) and (b)(4) [Reserved]. For guidance see Sec. 86.098-23.
    (c) Emission data.--(1) Certification vehicles. The manufacturer 
shall submit emission data (including, methane, methanol, formaldehyde, 
and hydrocarbon equivalent, as applicable) on such vehicles tested in 
accordance with applicable test procedures and in such numbers as 
specified. These data shall include zero-mile data, if generated, and 
emission data generated for certification as required under Sec. 
86.000-26(a)(3). In lieu of providing emission data the Administrator 
may, on request of the manufacturer, allow the manufacturer to 
demonstrate (on the basis of previous emission tests, development tests, 
or other information) that the engine will conform with certain 
applicable emission standards of this part. Standards eligible for such 
manufacturer requests are those for idle CO emissions, smoke emissions, 
or particulate emissions from methanol-fueled or gaseous-fueled diesel-
cycle certification vehicles, those for particulate emissions from Otto-
cycle certification vehicles or gaseous-fueled vehicles, and those for 
formaldehyde emissions from petroleum-fueled vehicles. Also eligible for 
such requests are standards for total hydrocarbon emissions from model 
year 1994 and later certification vehicles. By separate request, 
including appropriate supporting test data, the manufacturer may request 
that the Administrator also waive the requirement to measure particulate 
or formaldehyde emissions when conducting Selective Enforcement Audit 
testing of Otto-cycle vehicles.
    (2) Certification engines. The manufacturer shall submit emission 
data on such engines tested in accordance with applicable emission test 
procedures of

[[Page 226]]

this subpart and in such numbers as specified. These data shall include 
zero-hour data, if generated, and emission data generated for 
certification as required under Sec. 86.000-26(c)(4). In lieu of 
providing emission data on idle CO emissions or particulate emissions 
from methanol-fueled or gaseous-fueled diesel-cycle certification 
engines, on particulate emissions from Otto-cycle engines, or on CO 
emissions from diesel-cycle certification engines, the Administrator 
may, on request of the manufacturer, allow the manufacturer to 
demonstrate (on the basis of previous emission tests, development tests, 
or other information) that the engine will conform with the applicable 
emission standards of this part. In lieu of providing emission data on 
smoke emissions from methanol-fueled or petroleum-fueled diesel 
certification engines, the Administrator may, on the request of the 
manufacturer, allow the manufacturer to demonstrate (on the basis of 
previous emission tests, development tests, or other information) that 
the engine will conform with the applicable emissions standards of this 
part. In lieu of providing emissions data on smoke emissions from 
diesel-cycle engines when conducting Selective Enforcement Audit testing 
under subpart K of this part, the Administrator may, on separate request 
of the manufacturer, allow the manufacturer to demonstrate (on the basis 
of previous emission tests, development tests, or other information) 
that the engine will conform with the applicable smoke emissions 
standards of this part .
    (d)-(e)(1) [Reserved]. For guidance see Sec. 86.098-23.
    (e)(2) and (e)(3) [Reserved]. For guidance see Sec. 86.001-23.
    (f)-(g) [Reserved]. For guidance see Sec. 86.095-23.
    (h)-(k) [Reserved]. For guidance see Sec. 86.098-23.
    (l) [Reserved]. For guidance see Sec. 86.095-23.
    (m) [Reserved]. For guidance see Sec. 86.098-23.

[66 FR 5164, Jan. 18, 2001]



Sec. 86.007-25  Maintenance.

    Section 86.007-25 includes text that specifies requirements that 
differ from Sec. 86.094-25, Sec. 86.098-25, or Sec. 86.004-25. Where 
a paragraph in Sec. 86.094-25, Sec. 86.098-25, or Sec. 86.004-25 is 
identical and applicable to Sec. 86.007-25, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.094-25.'', ``[Reserved]. For guidance see 
Sec. 86.098-25.'', or ``[Reserved]. For guidance see Sec. 86.004-
25.''.
    (a)-(a)(2) [Reserved]. For guidance see Sec. 86.004-25.
    (b) introductory text through (b)(3)(ii) [Reserved]. For guidance 
see Sec. 86.094-25.
    (b)(3)(iii)-(b)(3)(v)(H) [Reserved]. For guidance see Sec. 86.004-
25.
    (b)(3)(vi)(A)-(b)(3)(vi)(D) [Reserved]. For guidance see Sec. 
86.094-25.
    (b)(3)(vi)(E)-(b)(3)(vi)(J) [Reserved]. For guidance see Sec. 
86.098-25.
    (b)(4) introductory text through (b)(4)(iii)(C) [Reserved]. For 
guidance see Sec. 86.004-25.
    (b)(4)(iii)(D) Particulate trap or trap oxidizer systems including 
related components (adjustment and cleaning only for filter element, 
replacement of the filter element is not allowed during the useful 
life).
    (b)(4)(iii)(E) [Reserved]. For guidance see Sec. 86.004-25.
    (F) Catalytic converter (adjustment and cleaning only for catalyst 
beds, replacement of the bed is not allowed during the useful life).
    (b)(4)(iii)(G)-(b)(6) [Reserved]. For guidance see Sec. 86.004-25.
    (b)(7)-(h) [Reserved]. For guidance see Sec. 86.094-25.
    (i) Notwithstanding the provisions of Sec. 86.004-25(b)(4)(iii) 
introductory text through (b)(4)(iii)(C), paragraph (b)(4)(iii)(D) of 
this section, Sec. 86.004-25(b)(4)(iii)(E), paragraph (b)(4)(iii)(F) of 
this section, Sec. 86.004-25(b)(4)(iii)(G), and Sec. 86.004-25(b)(6), 
manufacturers of heavy-duty engines may schedule replacement or repair 
of particulate trap (or trap oxidizer) systems or catalytic converters 
(including NOX adsorbers), provided:
    (1) The manufacturer demonstrates to the Administrator's 
satisfaction that the repair or replacement will be performed according 
to the schedule; and

[[Page 227]]

    (2) The manufacturer pays for the repair or replacement.

[66 FR 5164, Jan. 18, 2001]



Sec. 86.007-30  Certification.

    (a)(1)(i) If, after a review of the test reports and data submitted 
by the manufacturer, data derived from any inspection carried out under 
Sec. 86.091-7(c) and any other pertinent data or information, the 
Administrator determines that a test vehicle(s) (or test engine(s)) 
meets the requirements of the Act and of this subpart, he will issue a 
certificate of conformity with respect to such vehicle(s) (or engine(s)) 
except in cases covered by paragraphs (a)(1)(ii) and (c) of this 
section.
    (ii) Gasoline-fueled and methanol-fueled heavy-duty vehicles. If, 
after a review of the statement(s) of compliance submitted by the 
manufacturer under Sec. 86.094-23(b)(4) and any other pertinent data or 
information, the Administrator determines that the requirements of the 
Act and this subpart have been met, he will issue one certificate of 
conformity per manufacturer with respect to the evaporative emission 
family(ies) covered by paragraph (c) of this section.
    (2) Such certificate will be issued for such period not to exceed 
one model year as the Administrator may determine and upon such terms as 
he may deem necessary or appropriate to assure that any new motor 
vehicle (or new motor vehicle engine) covered by the certificate will 
meet the requirements of the Act and of this part.
    (3)(i) One such certificate will be issued for each engine family. 
For gasoline-fueled and methanol-fueled light-duty vehicles and light-
duty trucks, and petroleum-fueled diesel cycle light-duty vehicles and 
light-duty trucks not certified under Sec. 86.098-28(g), one such 
certificate will be issued for each engine family-evaporative/refueling 
emission family combination. Each certificate will certify compliance 
with no more than one set of in-use and certification standards (or 
family emission limits, as appropriate).
    (ii) For gasoline-fueled and methanol fueled heavy-duty vehicles, 
one such certificate will be issued for each manufacturer and will 
certify compliance for those vehicles previously identified in that 
manufacturer's statement(s) of compliance as required in Sec. 86.098-
23(b)(4)(i) and (ii).
    (iii) For diesel light-duty vehicles and light-duty trucks, or 
diesel HDEs, included in the applicable particulate averaging program, 
the manufacturer may at any time during production elect to change the 
level of any family particulate emission limit by demonstrating 
compliance with the new limit as described in Sec. 86.094-28(a)(6), 
Sec. 86.094-28(b)(5)(i), or Sec. 86.004-28(c)(5)(i). New certificates 
issued under this paragraph will be applicable only for vehicles (or 
engines) produced subsequent to the date of issuance.
    (iv) For light-duty trucks or HDEs included in the applicable 
NOX averaging program, the manufacturer may at any time 
during production elect to change the level of any family NOX 
emission limit by demonstrating compliance with the new limit as 
described in Sec. 86.094-28(b)(5)(ii) or Sec. 86.004-28(c)(5)(ii). New 
certificates issued under this paragraph will be applicable only for 
vehicles (or engines) produced subsequent to the day of issue.
    (4)(i) For exempt light-duty vehicles and light-duty trucks under 
the provisions of Sec. 86.094-8(j) or Sec. 86.094-9(j), an adjustment 
or modification performed in accordance with instructions provided by 
the manufacturer for the altitude where the vehicle is principally used 
will not be considered a violation of section 203(a)(3) of the Clean Air 
Act (42 U.S.C. 7522(a)(3)).
    (ii) A violation of section 203(a)(1) of the Clean Air Act (42 
U.S.C. 7522(a)(1)) occurs when a manufacturer sells or delivers to an 
ultimate purchaser any light-duty vehicle or light-duty truck, subject 
to the regulations under the Act, under any of the conditions specified 
in paragraph (a)(4)(ii) of this section.
    (A) When a light-duty vehicle or light-duty truck is exempted from 
meeting high-altitude requirements as provided in Sec. 86.090-8(h) or 
Sec. 86.094-9(h):
    (1) At a designated high-altitude location, unless such manufacturer 
has reason to believe that such vehicle will not be sold to an ultimate 
purchaser for principal use at a designated high-altitude location; or

[[Page 228]]

    (2) At a location other than a designated high-altitude location, 
when such manufacturer has reason to believe that such motor vehicle 
will be sold to an ultimate purchaser for principal use at a designated 
high-altitude location.
    (B) When a light-duty vehicle or light-duty truck is exempted from 
meeting low-altitude requirements as provided in Sec. 86.094-8(i) or 
Sec. 86.094-9(i):
    (1) At a designated low-altitude location, unless such manufacturer 
has reason to believe that such vehicle will not be sold to an ultimate 
purchaser for principal use at a designated low-altitude location; or
    (2) At a location other than a designated low-altitude location, 
when such manufacturer has reason to believe that such motor vehicle 
will be sold to an ultimate purchaser for principal use at a designated 
low-altitude location.
    (iii) A manufacturer shall be deemed to have reason to believe that 
a light-duty vehicle that has been exempted from compliance with 
emission standards at high-altitude, or a light-duty truck which is not 
configured to meet high-altitude requirements, will not be sold to an 
ultimate purchaser for principal use at a designated high-altitude 
location if the manufacturer has informed its dealers and field 
representatives about the terms of these high-altitude regulations, has 
not caused the improper sale itself, and has taken reasonable action 
which shall include, but not be limited to, either paragraph (a)(4)(iii) 
(A) or (B), and paragraph (a)(4)(iii)(C) of this section:
    (A) Requiring dealers in designated high-altitude locations to 
submit written statements to the manufacturer signed by the ultimate 
purchaser that a vehicle which is not configured to meet high-altitude 
requirements will not be used principally at a designated high-altitude 
location; requiring dealers in counties contiguous to designated high-
altitude locations to submit written statements to the manufacturer, 
signed by the ultimate purchaser who represents to the dealer in the 
normal course of business that he or she resides in a designated high-
altitude location, that a vehicle which is not configured to meet high-
altitude requirements will not be used principally at a designated high-
altitude location; and for each sale or delivery of fleets of ten or 
more such vehicles in a high-altitude location or in counties contiguous 
to high-altitude locations, requiring either the selling dealer or the 
delivering dealer to submit written statements to the manufacturer, 
signed by the ultimate purchaser who represents to the dealer in the 
normal course of business that he or she resides in a designated high-
altitude location, that a vehicle which is not configured to meet high-
altitude requirements will not be used principally at a designated high-
altitude location. In addition, the manufacturer will make available to 
EPA, upon reasonable written request (but not more frequently than 
quarterly, unless EPA has demonstrated that it has substantial reason to 
believe that an improperly configured vehicle has been sold), sales, 
warranty, or other information pertaining to sales of vehicles by the 
dealers described above maintained by the manufacturer in the normal 
course of business relating to the altitude configuration of vehicles 
and the locations of ultimate purchasers; or
    (B) Implementing a system which monitors factory orders of low-
altitude vehicles by high-altitude dealers, or through other means, 
identifies dealers that may have sold or delivered a vehicle not 
configured to meet the high-altitude requirements to an ultimate 
purchaser for principal use at a designated high-altitude location; and 
making such information available to EPA upon reasonable written request 
(but not more frequently than quarterly, unless EPA has demonstrated 
that it has substantial reason to believe that an improperly configured 
vehicle has been sold); and
    (C) Within a reasonable time after receiving written notice from EPA 
or a State or local government agency that a dealer may have improperly 
sold or delivered a vehicle not configured to meet the high-altitude 
requirements to an ultimate purchaser residing in a designated high-
altitude location, or based on information obtained pursuant to 
paragraph (a)(4)(iii) of this section that a dealer may have improperly 
sold or delivered a significant number

[[Page 229]]

of such vehicles to ultimate purchasers so residing, reminding the 
dealer in writing of the requirements of these regulations, and, where 
appropriate, warning the dealer that sale by the dealer of vehicles not 
configured to meet high-altitude requirements may be contrary to the 
terms of its franchise agreement with the manufacturer and the dealer 
certification requirements of Sec. 85.2108 of this chapter.
    (iv) A manufacturer shall be deemed to have reason to believe that a 
light-duty vehicle or light-duty truck which has been exempted from 
compliance with emission standards at low altitude, as provided in Sec. 
86.094-8(i) or Sec. 86.094-9(i), will not be sold to an ultimate 
purchaser for principal use at a designated low-altitude location if the 
manufacturer has informed its dealers and field representatives about 
the terms of the high-altitude regulations, has not caused the improper 
sale itself, and has taken reasonable action which shall include, but 
not be limited to either Sec. 86.094-30(a)(4)(iv)(A) or (B) and Sec. 
86.094-30(a)(4)(iv)(C):
    (A) Requiring dealers in designated low-altitude locations to submit 
written statements to the manufacturer signed by the ultimate purchaser 
that a vehicle which is not configured to meet low-altitude requirements 
will not be used principally at a designated low-altitude location; 
requiring dealers in counties contiguous to designated low-altitude 
locations to submit written statements to the manufacturer, signed by 
the ultimate purchaser who represents to the dealer in the normal course 
of business that he or she resides in a designated low-altitude 
location, that a vehicle which is not configured to meet low-altitude 
requirements will not be used principally at a designated low-altitude 
location; and for each sale or delivery of fleets of ten or more such 
vehicles in a low-altitude location or in counties contiguous to low-
altitude locations, requiring either the selling dealer or the 
delivering dealer to submit written statements to the manufacturer, 
signed by the ultimate purchaser who represents to the dealer in the 
normal course of business that he or she resides in a designated low-
altitude location, that a vehicle which is not configured to meet low-
altitude requirements will not be used principally at a designated high-
altitude location. In addition, the manufacturer will make available to 
EPA, upon reasonable written request (but not more frequently than 
quarterly, unless EPA has demonstrated that it has substantial reason to 
believe that an improperly configured vehicle has been sold), sales, 
warranty, or other information pertaining to sales of vehicles by the 
dealers described above maintained by the manufacturer in the normal 
course of business relating to the altitude configuration of vehicles 
and the locations of ultimate purchasers; or
    (B) Implementing a system which monitors factory orders of high-
altitude vehicles by low-altitude dealers, or through other means, 
identifies dealers that may have sold or delivered a vehicle not 
configured to meet the low-altitude requirements to an ultimate 
purchaser for principal use at a designated low-altitude location; and 
making such information available to EPA upon reasonable written request 
(but not more frequently than quarterly, unless EPA has demonstrated 
that it has substantial reason to believe that an improperly configured 
vehicle has been sold); and
    (C) Within a reasonable time after receiving written notice from EPA 
or a state or local government agency that a dealer may have improperly 
sold or delivered a vehicle not configured to meet the low-altitude 
requirements to an ultimate purchaser residing in a designated low-
altitude location, or based on information obtained pursuant to 
paragraph (a)(4)(iv) of this section that a dealer may have improperly 
sold or delivered a significant number of such vehicles to ultimate 
purchasers so residing, reminding the dealer in writing of the 
requirements of these regulations, and, where appropriate, warning the 
dealer that sale by the dealer of vehicles not configured to meet low-
altitude requirements may be contrary to the terms of its franchise 
agreement with the manufacturer and the dealer certification 
requirements of Sec. 85.2108 of this chapter.
    (5)(i) For the purpose of paragraph (a) of this section, a 
``designated high-altitude location'' is any county which has

[[Page 230]]

substantially all of its area located above 1,219 meters (4,000 feet) 
and:
    (A) Requested and extension past the attainment date of December 31, 
1982, for compliance with either the National Ambient Air Quality 
Standards for carbon monoxide or ozone, as indicated in part 52 
(Approval and Promulgation of Implementation Plans) of this title; or
    (B) Is in the same state as a county designated as a high-altitude 
location according to paragraph (a)(5)(i)(A) of this section.
    (ii) The designated high-altitude locations defined in paragraph 
(a)(5)(i) of this section are listed below:

                            State of Colorado

Adams
Alamosa
Arapahoe
Archuleta
Boulder
Chaffee
Cheyenne
Clear Creek
Conejos
Costilla
Crowley
Custer
Delta
Denver
Dolores
Douglas
Eagle
Elbert
El Paso
Fremont
Garfield
Gilpin
Grand
Gunnison
Hinsdale
Huerfano
Jackson
Jefferson
Kit Carson
Lake
La Plata
Larimer
Las Animas
Lincoln
Mesa
Mineral
Moffat
Montezuma
Montrose
Morgan
Otero
Ouray
Park
Pitkin
Pueblo
Rio Blanco
Rio Grande
Routt
Saguache
San Juan
San Miguel
Summit
Teller
Washington
Weld

                             State of Nevada

Carson City
Douglas
Elko
Esmeralda
Eureka
Humboldt
Lander
Lincoln
Lyon
Mineral
Nye
Pershing
Storey
Washoe
White Pine

                           State of New Mexico

Bernalillo
Catron
Colfax
Curry
De Baca
Grant
Guadalupe
Harding
Hidalgo
Lincoln
Los Alamos
Luna
McKinley
Mora
Otero
Rio Arriba
Roosevelt
Sandoval
San Juan
San Miguel Santa Fe
Sierra
Socorro
Taos
Torrance
Union

[[Page 231]]

Valencia

                              State of Utah

Beaver
Box Elder
Cache
Carbon
Daggett
Davis
Duchesne
Emery
Garfield
Grand
Iron
Juab
Kane
Millard
Morgan
Piute
Rich
Salt Lake
San Juan
Sanpete
Sevier
Summit
Tooele
Uintah
Utah
Wasatch
Wayne
Weber
    (iii) For the purpose of paragraph (a) of this section, a 
``designated low-altitude location'' is any county which has 
substantially all of its area located below 1,219 meters (4,000 feet).
    (iv) The designated low-altitude locations so defined include all 
counties in the United States which are not listed in either paragraph 
(a)(5)(ii) of this section or in the list below:

                            State of Arizona

Apache
Cochise
Coconino
Navajo
Yavapai

                             State of Idaho

Bannock
Bear Lake
Bingham
Blaine
Bonneville
Butte
Camas
Caribou
Cassia
Clark
Custer
Franklin
Fremont
Jefferson
Lemhi
Madison
Minidoka
Oneida
Power
Treton
Valley

                            State of Montana

Beaverhead
Deer Lodge
Gallatin
Jefferson
Judith Basin
Madison
Meagher
Park
Powell
Silver Bow
Wheatland

                            State of Nebraska

Banner
Cheyenne
Kimball
Sioux

                             State of Oregon

Harney
Klamath
Lake

                             State of Texas

Jeff Davis
Hudspeth
Parmer

                            State of Wyoming

Albany
Campbell
Carbon
Converse
Fremont
Goshen
Hot Springs
Johnson
Laramie
Lincoln
Natrona
Niobrara
Park
Platte

[[Page 232]]

Sublette
Sweetwater
Teton
Uinta
Washakie
Weston

    (6) Catalyst-equipped vehicles, otherwise covered by a certificate, 
which are driven outside the United States, Canada, and Mexico will be 
presumed to have been operated on leaded gasoline resulting in 
deactivation of the catalysts. If these vehicles are imported or offered 
for importation without retrofit of the catalyst, they will be 
considered not to be within the coverage of the certificate unless 
included in a catalyst control program operated by a manufacturer or a 
United States Government agency and approved by the Administrator.
    (7) For incomplete light-duty trucks, a certificate covers only 
those new motor vehicles which, when completed by having the primary 
load-carrying device or container attached, conform to the maximum curb 
weight and frontal area limitations described in the application for 
certification as required in Sec. 86.094-21(d).
    (8) For heavy-duty engines, a certificate covers only those new 
motor vehicle engines installed in heavy-duty vehicles which conform to 
the minimum gross vehicle weight rating, curb weight, or frontal area 
limitations for heavyduty vehicles described in Sec. 86.082-2.
    (9) For incomplete gasoline-fueled and methanol-fueled heavy-duty 
vehicles a certificate covers only those new motor vehicles which, when 
completed, conform to the nominal maximum fuel tank capacity limitations 
as described in the application for certification as required in Sec. 
86.094-21(e).
    (10)(i) For diesel-cycle light-duty vehicle and diesel-cycle light-
duty truck families which are included in a particulate averaging 
program, the manufacturer's production-weighted average of the 
particulate emission limits of all engine families in a participating 
class or classes shall not exceed the applicable diesel-cycle 
particulate standard, or the composite particulate standard defined in 
Sec. 86.090-2 as appropriate, at the end of the model year, as 
determined in accordance with this part. The certificate shall be void 
ab initio for those vehicles causing the production-weighted family 
emission limit (FEL) to exceed the particulate standard.
    (ii) For all heavy-duty diesel-cycle engines which are included in 
the particulate ABT programs under Sec. 86.098-15 or superseding ABT 
sections as applicable, the provisions of paragraphs (a)(10)(ii)(A)-(C) 
of this section apply.
    (A) All certificates issued are conditional upon the manufacturer 
complying with the provisions of Sec. 86.098-15 or superseding ABT 
sections as applicable and the ABT related provisions of other 
applicable sections, both during and after the model year production.
    (B) Failure to comply with all provisions of Sec. 86.098-15 or 
superseding ABT sections as applicable will be considered to be a 
failure to satisfy the conditions upon which the certificate was issued, 
and the certificate may be deemed void ab initio.
    (C) The manufacturer shall bear the burden of establishing to the 
satisfaction of the Administrator that the conditions upon which the 
certificate was issued were satisfied or excused.
    (11)(i) For light-duty truck families which are included in a 
NOX averaging program, the manufacturer's production-weighted 
average of the NOX emission limits of all such engine 
families shall not exceed the applicable NOX emission 
standard, or the composite NOX emission standard defined in 
Sec. 86.088-2, as appropriate, at the end of the model year, as 
determined in accordance with this part. The certificate shall be void 
ab initio for those vehicles causing the production-weighted FEL to 
exceed the NOX standard.
    (ii) For all HDEs which are included in the NOX plus NMHC 
ABT programs contained in Sec. 86.098-15, or superseding ABT sections 
as applicable, the provisions of paragraphs (a)(11)(ii) (A)-(C) of this 
section apply.
    (A) All certificates issued are conditional upon the manufacturer 
complying with the provisions of Sec. 86.098-15 or superseding ABT 
sections as applicable and the ABT related provisions of other 
applicable sections, both during and after the model year production.
    (B) Failure to comply with all provisions of Sec. 86.098-15 or 
superseding ABT

[[Page 233]]

sections as applicable will be considered to be a failure to satisfy the 
conditions upon which the certificate was issued, and the certificate 
may be deemed void ab initio.
    (C) The manufacturer shall bear the burden of establishing to the 
satisfaction of the Administrator that the conditions upon which the 
certificate was issued were satisfied or excused.
    (12) For all light-duty vehicles certified to standards under Sec. 
86.094-8 or to which standards under Sec. 86.708-94 are applicable, the 
provisions of paragraphs (a)(12)(i) through (iii) of this section apply.
    (13) For all light-duty trucks certified to Tier 0 standards under 
Sec. 86.094-9 and to which standards under Sec. 86.709-94 are 
applicable:
    (i) All certificates issued are conditional upon the manufacturer 
complying with all provisions of Sec. Sec. 86.094-9 and 86.709-94 both 
during and after model year production.
    (ii) Failure to meet the required implementation schedule sales 
percentages as specified in Sec. Sec. 86.094-9 and 86.709-94 will be 
considered to be a failure to satisfy the conditions upon which the 
certificate(s) was issued and the individual vehicles sold in violation 
of the implementation schedule shall not be covered by the certificate.
    (iii) The manufacturer shall bear the burden of establishing to the 
satisfaction of the Administrator that the conditions upon which the 
certificate was issued were satisfied.
    (14) For all light-duty vehicles and light-duty trucks certified 
with an Alternative Service Accumulation Durability Program under Sec. 
86.094-13(e), paragraphs (a)(14)(i) through (iii) of this section apply.
    (i) All certificates issued are conditional upon the manufacturer 
performing the in-use verification program pursuant to the agreement 
described in Sec. 86.094-13(e)(8).
    (ii) Failure to fully comply with all the terms of the in-use 
verification program pursuant to the agreement described in Sec. 
86.094-13(e)(8) will be considered a failure to satisfy the conditions 
upon which the certificate was issued. A vehicle or truck will be 
considered to be covered by the certificate only if the manufacturer 
fulfills the conditions upon which the certificate is issued.
    (iii) The manufacturer shall bear the burden of establishing to the 
satisfaction of the Administrator that the conditions upon which the 
certificate was issued were satisfied.
    (15) For all light-duty vehicles certified to evaporative test 
procedures and accompanying standards specified under Sec. 86.096-8:
    (i) All certificates issued are conditional upon the manufacturer 
complying with all provisions of Sec. 86.096-8 both during and after 
model year production.
    (ii) Failure to meet the required implementation schedule sales 
percentages as specified in Sec. 86.096-8 will be considered to be a 
failure to satisfy the conditions upon which the certificate was issued 
and the vehicles sold in violation of the implementation schedule shall 
not be covered by the certificate.
    (iii) The manufacturer shall bear the burden of establishing to the 
satisfaction of the Administrator that the conditions upon which the 
certificate was issued were satisfied.
    (16) For all light-duty trucks certified to evaporative test 
procedures and accompanying standards specified under Sec. 86.096-9:
    (i) All certificates issued are conditional upon the manufacturer 
complying with all provisions of Sec. 86.096-9 both during and after 
model year production.
    (ii) Failure to meet the required implementation schedule sales 
percentages as specified in Sec. 86.096-9 will be considered to be a 
failure to satisfy the conditions upon which the certificate was issued 
and the vehicles sold in violation of the implementation schedule shall 
not be covered by the certificate.
    (iii) The manufacturer shall bear the burden of establishing to the 
satisfaction of the Administrator that the conditions upon which the 
certificate was issued were satisfied.
    (17) For all heavy-duty vehicles certified to evaporative test 
procedures and accompanying standards specified under Sec. 86.096-10:
    (i) All certificates issued are conditional upon the manufacturer 
complying with all provisions of Sec. 86.096-10

[[Page 234]]

both during and after model year production.
    (ii) Failure to meet the required implementation schedule sales 
percentages as specified in Sec. 86.096-10 will be considered to be a 
failure to satisfy the conditions upon which the certificate was issued 
and the vehicles sold in violation of the implementation schedule shall 
not be covered by the certificate.
    (iii) The manufacturer shall bear the burden of establishing to the 
satisfaction of the Administrator that the conditions upon which the 
certificate was issued were satisfied.
    (18) For all heavy-duty vehicles certified to evaporative test 
procedures and accompanying standards specified under Sec. 86.098-11:
    (i) All certificates issued are conditional upon the manufacturer 
complying with all provisions of Sec. 86.098-11 both during and after 
model year production.
    (ii) Failure to meet the required implementation schedule sales 
percentages as specified in Sec. 86.098-11 will be considered to be a 
failure to satisfy the conditions upon which the certificate was issued 
and the vehicles sold in violation of the implementation schedule shall 
not be covered by the certificate.
    (iii) The manufacturer shall bear the burden of establishing to the 
satisfaction of the Administrator that the conditions upon which the 
certificate was issued were satisfied.
    (19) For all light-duty vehicles certified to refueling emission 
standards under Sec. 86.098-8, the provisions of paragraphs (a)(19) (i) 
through (iii) of this section apply.
    (i) All certificates issued are conditional upon the manufacturer 
complying with all provisions of Sec. 86.098-8, both during and after 
model year production.
    (ii) Failure to meet the required implementation schedule sales 
percentages as specified in Sec. 86.094-8 be considered to be a failure 
to satisfy the conditions upon which the certificate(s) was issued and 
the vehicles sold in violation of the implementation schedule shall not 
be covered by the certificate.
    (iii) The manufacturer shall bear the burden of establishing to the 
satisfaction of the Administrator that the conditions upon which the 
certificate was issued were satisfied.
    (20) For all light-duty trucks certified to refueling emission 
standards under Sec. 86.001-9, the provisions of paragraphs (a)(20)(i)-
(iii) this section apply.
    (i) All certificates issued are conditional upon the manufacturer 
complying with all provisions of Sec. 86.001-9 both during and after 
model year production.
    (ii) Failure to meet the required implementation schedule sales 
percentages as specified in Sec. 86.001-9 will be considered to be a 
failure to satisfy the conditions upon which the certificate(s) was 
issued and the individual vehicles sold in violation of the 
implementation schedule shall not be covered by the certificate.
    (iii) The manufacturer shall bear the burden of establishing to the 
satisfaction of the Administrator that the conditions upon which the 
certificate was issued were satisfied.
    (21) For all light-duty trucks certified to refueling emission 
standards under Sec. 86.004-9, the provisions of paragraphs (a)(21)(i)-
(iii) of this section apply.
    (i) All certificates issued are conditional upon the manufacturer 
complying with all provisions of Sec. 86.004-9 both during and after 
model year production.
    (ii) Failure to meet the required implementation schedule sales 
percentages as specified in Sec. 86.004-9 will be considered to be a 
failure to satisfy the conditions upon which the certificate(s) was 
issued and the individual vehicles sold in violation of the 
implementation schedule shall not be covered by the certificate.
    (iii) The manufacturer shall bear the burden of establishing to the 
satisfaction of the Administrator that the conditions upon which the 
certificate was issued were satisfied.
    (b)(1) The Administrator will determine whether a vehicle (or 
engine) covered by the application complies with applicable standards 
(or family emission limits, as appropriate) by observing the following 
relationships: in paragraphs (b)(1)(i) through (iv) of this section:
    (i) Light-duty vehicles. (A) The durability data vehicle(s) selected 
under

[[Page 235]]

Sec. 86.094-24(c)(1)(i) shall represent all vehicles of the same engine 
system combination.
    (B) The emission data vehicle(s) selected under Sec. 86.094-
24(b)(1) (ii) through (iv) shall represent all vehicles of the same 
engine-system combination as applicable.
    (C) The emission data vehicle(s) selected under Sec. 86.094-
24(b)(1)(vii)(A) and (B) shall represent all vehicles of the same 
evaporative control system within the evaporative family.
    (ii) Light-duty trucks. (A) The emission data vehicle(s) selected 
under Sec. 86.094-24(b)(1)(ii), shall represent all vehicles of the 
same engine-system combination as applicable.
    (B) The emission data vehicle(s) selected under Sec. 86.001-
24(b)(vii)(A) and (B) shall represent all vehicles of the same 
evaporative/refueling control system within the evaporative/refueling 
family.
    (C) The emission data vehicle(s) selected under Sec. 
86.09424(b)(1)(v) shall represent all vehicles of the same engine system 
combination as applicable.
    (D) The emission-data vehicle(s) selected under Sec. 86.098-
24(b)(1)(viii) shall represent all vehicles of the same evaporative/
refueling control system within the evaporative/refueling emission 
family, as applicable.
    (iii) Heavy-duty engines. (A) An Otto-cycle emission data test 
engine selected under Sec. 86.094-24(b)(2)(iv) shall represent all 
engines in the same family of the same engine displacement-exhaust 
emission control system combination.
    (B) An Otto-cycle emission data test engine selected under Sec. 
86.094-24(b)(2)(iii) shall represent all engines in the same engine 
family of the same engine displacement-exhaust emission control system 
combination.
    (C) A diesel emission data test engine selected under Sec. 86.094-
24(b)(3)(ii) shall represent all engines in the same engine-system 
combination.
    (D) A diesel emission data test engine selected under Sec. 86.094-
24(b)(3)(iii) shall represent all engines of that emission control 
system at the rated fuel delivery of the test engine.
    (iv) Gasoline-fueled and methanol-fueled heavy-duty vehicles. A 
statement of compliance submitted under Sec. 86.094-23(b)(4)(i) or (ii) 
shall represent all vehicles in the same evaporative emission family-
evaporative emission control system combination.
    (2) The Administrator will proceed as in paragraph (a) of this 
section with respect to the vehicles (or engines) belonging to an engine 
family or engine family-evaporative/refueling emission family 
combination (as applicable), all of which comply with all applicable 
standards (or family emission limits, as appropriate).
    (3) If after a review of the test reports and data submitted by the 
manufacturer, data derived from any additional testing conducted 
pursuant to Sec. 86.091-29, data or information derived from any 
inspection carried out under Sec. 86.094-7(d) or any other pertinent 
data or information, the Administrator determines that one or more test 
vehicles (or test engines) of the certification test fleet do not meet 
applicable standards (or family emission limits, as appropriate), he 
will notify the manufacturer in writing, setting forth the basis for his 
determination. Within 30 days following receipt of the notification, the 
manufacturer may request a hearing on the Administrator's determination. 
The request shall be in writing, signed by an authorized representative 
of the manufacturer and shall include a statement specifying the 
manufacturer's objections to the Administrator's determination and data 
in support of such objections. If, after a review of the request and 
supporting data, the Administrator finds that the request raises a 
substantial factual issue, he shall provide the manufacturer a hearing 
in accordance with Sec. 86.078-6 with respect to such issue.
    (4) For light-duty vehicles and light-duty trucks the manufacturer 
may, at its option, proceed with any of the following alternatives with 
respect to an emission data vehicle determined not in compliance with 
all applicable standards (or family emission limits, as appropriate) for 
which it was tested:
    (i) Request a hearing under Sec. 86.078-6; or
    (ii) Remove the vehicle configuration (or evaporative/refueling 
vehicle configuration, as applicable) which failed, from his 
application:

[[Page 236]]

    (A) If the failed vehicle was tested for compliance with exhaust 
emission standards (or family emission limits, as appropriate) only: The 
Administrator may select, in place of the failed vehicle, in accordance 
with the selection criteria employed in selecting the failed vehicle, a 
new emission data vehicle to be tested for exhaust emission compliance 
only; or
    (B) If the failed vehicle was tested for compliance with one or more 
of the exhaust, evaporative and refueling emission standards: The 
Administrator may select, in place of the failed vehicle, in accordance 
with the selection criteria employed in selecting the failed vehicle, a 
new emission data vehicle which will be tested for compliance with all 
of the applicable emission standards. If one vehicle cannot be selected 
in accordance with the selection criteria employed in selecting the 
failed vehicle, then two or more vehicles may be selected (e.g., one 
vehicle to satisfy the exhaust emission vehicle selection criteria and 
one vehicle to satisfy the evaporative and refueling emission vehicle 
selection criteria). The vehicle selected to satisfy the exhaust 
emission vehicle selection criteria will be tested for compliance with 
exhaust emission standards (or family emission limits, as appropriate) 
only. The vehicle selected to satisfy the evaporative and/or refueling 
emission vehicle selection criteria will be tested for compliance with 
exhaust, evaporative and/or refueling emission standards; or
    (iii) Remove the vehicle configuration (or evaporative/refueling 
vehicle configuration, as applicable) which failed from the application 
and add a vehicle configuration(s) (or evaporative/refueling vehicle 
configuration(s), as applicable) not previously listed. The 
Administrator may require, if applicable, that the failed vehicle be 
modified to the new engine code (or evaporative/refueling emission code, 
as applicable) and demonstrate by testing that it meets applicable 
standards (or family emission limits, as appropriate) for which it was 
originally tested. In addition, the Administrator may select, in 
accordance with the vehicle selection criteria given in Sec. 86.001-
24(b), a new emission data vehicle or vehicles. The vehicles selected to 
satisfy the exhaust emission vehicle selection criteria will be tested 
for compliance with exhaust emission standards (or family emission 
limits, as appropriate) only. The vehicles selected to satisfy the 
evaporative emission vehicle selection criteria will be tested for 
compliance with all of the applicable emission standards (or family 
emission limits, as appropriate); or
    (iv) Correct a component or system malfunction and show that with a 
correctly functioning system or component the failed vehicle meets 
applicable standards (or family emission limits, as appropriate) for 
which it was originally tested. The Administrator may require a new 
emission data vehicle, of identical vehicle configuration (or 
evaporative/refueling vehicle configuration, as applicable) to the 
failed vehicle, to be operated and tested for compliance with the 
applicable standards (or family emission limits, as appropriate) for 
which the failed vehicle was originally tested.
    (5) For heavy-duty engines the manufacturer may, at his option, 
proceed with any of the following alternatives with respect to any 
engine family represented by a test engine(s) determined not in 
compliance with applicable standards (or family emission limit, as 
appropriate):
    (i) Request a hearing under Sec. 86.078-6; or
    (ii) Delete from the application for certification the engines 
represented by the failing test engine. (Engines so deleted may be 
included in a later request for certification under Sec. 86.079-32.) 
The Administrator may then select in place of each failing engine an 
alternate engine chosen in accordance with selection criteria employed 
in selecting the engine that failed; or
    (iii) Modify the test engine and demonstrate by testing that it 
meets applicable standards. Another engine which is in all material 
respect the same as the first engine, as modified, may then be operated 
and tested in accordance with applicable test procedures.
    (6) If the manufacturer does not request a hearing or present the 
required data under paragraphs (b)(4) or (5) of this section (as 
applicable) of this section, the Administrator will deny certification.

[[Page 237]]

    (c)(1) Notwithstanding the fact that any certification vehicle(s) 
(or certification engine(s)) may comply with other provisions of this 
subpart, the Administrator may withhold or deny the issuance of a 
certificate of conformity (or suspend or revoke any such certificate 
which has been issued) with respect to any such vehicle(s) (or 
engine(s)) if:
    (i) The manufacturer submits false or incomplete information in his 
application for certification thereof;
    (ii) The manufacturer renders inaccurate any test data which he 
submits pertaining thereto or otherwise circumvents the intent of the 
Act, or of this part with respect to such vehicle (or engine);
    (iii) Any EPA Enforcement Officer is denied access on the terms 
specified in Sec. 86.091-7(d) to any facility or portion thereof which 
contains any of the following:
    (A) The vehicle (or engine);
    (B) Any components used or considered for use in its modification or 
buildup into a certification vehicle (or certification engine);
    (C) Any production vehicle (or production engine) which is or will 
be claimed by the manufacturer to be covered by the certificate;
    (D) Any step in the construction of a vehicle (or engine) described 
in paragraph (c)(iii)(C) of this section;
    (E) Any records, documents, reports, or histories required by this 
part to be kept concerning any of the above; or
    (iv) Any EPA Enforcement Officer is denied ``reasonable assistance'' 
(as defined in Sec. 86.091-7(d) in examining any of the items listed in 
paragraph (c)(1)(iii) of this section.
    (2) The sanctions of withholding, denying, revoking, or suspending 
of a certificate may be imposed for the reasons in paragraphs (c)(1)(i), 
(ii), (iii), or (iv) of this section only when the infraction is 
substantial.
    (3) In any case in which a manufacturer knowingly submits false or 
inaccurate information or knowingly renders inaccurate or invalid any 
test data or commits any other fraudulent acts and such acts contribute 
substantially to the Administrator's decision to issue a certificate of 
conformity, the Administrator may deem such certificate void ab initio.
    (4) In any case in which certification of a vehicle (or engine) is 
proposed to be withheld, denied, revoked, or suspended under paragraph 
(c)(1)(iii) or (iv) of this section, and in which the Administrator has 
presented to the manufacturer involved reasonable evidence that a 
violation of Sec. 86.091-7(d) in fact occurred, the manufacturer, if he 
wishes to contend that, even though the violation occurred, the vehicle 
(or engine) in question was not involved in the violation to a degree 
that would warrant withholding, denial, revocation, or suspension of 
certification under either paragraph (c)(1)(iii) or (iv) of this 
section, shall have the burden of establishing that contention to the 
satisfaction of the Administrator.
    (5) Any revocation or suspension of certification under paragraph 
(c)(1) of this section shall:
    (i) Be made only after the manufacturer concerned has been offered 
an opportunity for a hearing conducted in accordance with Sec. 86.078-6 
hereof; and
    (ii) Extend no further than to forbid the introduction into commerce 
of vehicles (or engines) previously covered by the certification which 
are still in the hands of the manufacturer, except in cases of such 
fraud or other misconduct as makes the certification invalid ab initio.
    (6) The manufacturer may request in the form and manner specified in 
paragraph (b)(3) of this section that any determination made by the 
Administrator under paragraph (c)(1) of this section to withhold or deny 
certification be reviewed in a hearing conducted in accordance with 
Sec. 86.078-6. If the Administrator finds, after a review of the 
request and supporting data, that the request raises a substantial 
factual issue, he will grant the request with respect to such issue.
    (d)(1) For light-duty vehicles. Notwithstanding the fact that any 
vehicle configuration or engine family may be covered by a valid 
outstanding certificate of conformity, the Administrator may suspend 
such outstanding certificate of conformity in whole or in part with 
respect to such vehicle configuration or engine family if:

[[Page 238]]

    (i) The manufacturer refuses to comply with the provisions of a test 
order issued by the Administrator pursuant to Sec. 86.603; or
    (ii) The manufacturer refuses to comply with any of the requirements 
of Sec. 86.603; or
    (iii) The manufacturer submits false or incomplete information in 
any report or information provided pursuant to the requirements of Sec. 
86.609; or
    (iv) The manufacturer renders inaccurate any test data which he 
submits pursuant to Sec. 86.609; or
    (v) Any EPA Enforcement Officer is denied the opportunity to conduct 
activities related to entry and access as authorized in Sec. 86.606 of 
this part and in a warrant or court order presented to the manufacturer 
or the party in charge of a facility in question; or
    (vi) EPA Enforcement Officers are unable to conduct activities 
related to entry and access or to obtain ``reasonable assistance'' as 
authorized in Sec. 86.606 of this part because a manufacturer has 
located its facility in a foreign jurisdiction where local law prohibits 
those activities; or
    (vii) The manufacturer refuses to or in fact does not comply with 
Sec. 86.604(a), Sec. 86.605, Sec. 86.607, Sec. 86.608, or Sec. 
86.610.
    (2) The sanction of suspending a certificate may not be imposed for 
the reasons in paragraph (d)(1)(i), (ii), or (vii) of this section where 
the refusal is caused by conditions and circumstances outside the 
control of the manufacturer which render it impossible to comply with 
those requirements.
    (3) The sanction of suspending a certificate may be imposed for the 
reasons in paragraph (d)(1)(iii), (iv), or (v) of this section only when 
the infraction is substantial.
    (4) In any case in which a manufacturer knowingly submitted false or 
inaccurate information or knowingly rendered inaccurate any test data or 
committed any other fraudulent acts, and such acts contributed 
substantially to the Administrator's original decision not to suspend or 
revoke a certificate of conformity in whole or in part, the 
Administrator may deem such certificate void from the date of such 
fraudulent act.
    (5) In any case in which certification of a vehicle is proposed to 
be suspended under paragraph (d)(1)(v) of this section and in which the 
Administrator has presented to the manufacturer involved reasonable 
evidence that a violation of Sec. 86.606 in fact occurred, if the 
manufacturer wishes to contend that, although the violation occurred, 
the vehicle configuration or engine family in question was not involved 
in the violation to a degree that would warrant suspension of 
certification under paragraph (d)(1)(v) of this section, the 
manufacturer shall have the burden of establishing the contention to the 
satisfaction of the Administrator.
    (6) Any suspension of certification under paragraph (d)(1) of this 
section shall:
    (i) Be made only after the manufacturer concerned has been offered 
an opportunity for a hearing conducted in accordance with Sec. 86.614; 
and
    (ii) Not apply to vehicles no longer in the hands of the 
manufacturer.
    (7) Any voiding of a certificate of conformity under paragraph 
(d)(4) of this section will be made only after the manufacturer 
concerned has been offered an opportunity for a hearing conducted in 
accordance with Sec. 86.614.
    (8) Any voiding of the certificate under Sec. 86.091-30(a)(10) will 
be made only after the manufacturer concerned has been offered an 
opportunity for a hearing conducted in accordance with Sec. 86.614.
    (e) For light-duty trucks and heavy-duty engines. (1) 
Notwithstanding the fact that any vehicle configuration or engine family 
may be covered by a valid outstanding certificate of conformity, the 
Administrator may suspend such outstanding certificate of conformity in 
whole or in part with respect to such vehicle or engine configuration or 
engine family if:
    (i) The manufacturer refuses to comply with the provisions of a test 
order issued by the Administrator pursuant to Sec. 86.1003; or
    (ii) The manufacturer refuses to comply with any of the requirements 
of Sec. 86.1003; or
    (iii) The manufacturer submits false or incomplete information in 
any report or information provided pursuant to the requirements of Sec. 
86.1009; or

[[Page 239]]

    (iv) The manufacturer renders inaccurate any test data submitted 
pursuant to Sec. 86.1009; or
    (v) Any EPA Enforcement Officer is denied the opportunity to conduct 
activities related to entry and access as authorized in Sec. 86.1006 of 
this part and in a warrant or court order presented to the manufacturer 
or the party in charge of a facility in question; or
    (vi) EPA Enforcement Officers are unable to conduct activities 
related to entry and access as authorized in Sec. 86.1006 of this part 
because a manufacturer has located a facility in a foreign jurisdiction 
where local law prohibits those activities; or
    (vii) The manufacturer refuses to or in fact does not comply with 
the requirements of Sec. Sec. 86.1004(a), 86.1005, 86.1007, 86.1008, 
86.1010, 86.1011, or 86.1013.
    (2) The sanction of suspending a certificate may not be imposed for 
the reasons in paragraph (e)(1) (i), (ii), or (vii) of this section 
where such refusal or denial is caused by conditions and circumstances 
outside the control of the manufacturer which renders it impossible to 
comply with those requirements. Such conditions and circumstances shall 
include, but are not limited to, any uncontrollable factors which result 
in the temporary unavailability of equipment and personnel needed to 
conduct the required tests, such as equipment breakdown or failure or 
illness of personnel, but shall not include failure of the manufacturers 
to adequately plan for and provide the equipment and personnel needed to 
conduct the tests. The manufacturer will bear the burden of establishing 
the presence of the conditions and circumstances required by this 
paragraph.
    (3) The sanction of suspending a certificate may be imposed for the 
reasons outlined in paragraph (e)(1)(iii), (iv), or (v) of this section 
only when the infraction is substantial.
    (4) In any case in which a manufacturer knowingly submitted false or 
inaccurate information or knowingly rendered inaccurate any test data or 
committed any other fraudulent acts, and such acts contributed 
substantially to the Administrator's original decision not to suspend or 
revoke a certificate of conformity in whole or in part, the 
Administrator may deem such certificate void from the date of such 
fraudulent act.
    (5) In any case in which certification of a light-duty truck or 
heavy-duty engine is proposed to be suspended under paragraph (e)(1)(v) 
of this section and in which the Administrator has presented to the 
manufacturer involved reasonable evidence that a violation of Sec. 
86.1006 in fact occurred, if the manufacturer wishes to contend that, 
although the violation occurred, the vehicle or engine configuration or 
engine family in question was not involved in the violation to a degree 
that would warrant suspension of certification under paragraph (e)(1)(v) 
of this section, he shall have the burden of establishing that 
contention to the satisfaction of the Administrator.
    (6) Any suspension of certification under paragraph (e)(1) of this 
section shall:
    (i) Be made only after the manufacturer concerned has been offered 
an opportunity for a hearing conducted in accordance with Sec. 86.1014; 
and
    (ii) Not apply to vehicles or engines no longer in the hands of the 
manufacturer.
    (7) Any voiding of a certificate of conformity under paragraph 
(e)(4) of this section shall be made only after the manufacturer 
concerned has been offered an opportunity for a hearing conducted in 
accordance with Sec. 86.1014.
    (8) Any voiding of the certificate under paragraph (a) (10) or (11) 
of this section will be made only after the manufacturer concerned has 
been offered an opportunity for a hearing conducted in accordance with 
Sec. 86.1014.
    (f) For engine families required to have an OBD system and meant for 
applications less than or equal to 14,000 pounds, certification will not 
be granted if, for any test vehicle approved by the Administrator in 
consultation with the manufacturer, the malfunction indicator light does 
not illuminate under any of the following circumstances, unless the 
manufacturer can demonstrate that any identified OBD problems discovered 
during the Administrator's evaluation will be corrected on production 
vehicles.
    (1)(i) Otto-cycle. A catalyst is replaced with a deteriorated or 
defective

[[Page 240]]

catalyst, or an electronic simulation of such, resulting in an increase 
of 1.5 times the NMHC+NOX standard or FEL above the 
NMHC+NOX emission level measured using a representative 4000 
mile catalyst system.
    (ii) Diesel. (A) If monitored for emissions performance--a reduction 
catalyst is replaced with a deteriorated or defective catalyst, or an 
electronic simulation of such, resulting in exhaust emissions exceeding, 
for model years 2007 through 2012, 1.75 times the applicable 
NOX standard for engines certified to a NOX FEL 
greater than 0.50 g/bhp-hr, or the applicable NOX FEL+0.6 g/
bhp-hr for engines certified to a NOX FEL less than or equal 
to 0.50 g/bhp-hr and, for model years 2013 and later, the applicable 
NOX FEL+0.3 g/bhp-hr. Also if monitored for emissions 
performance--an oxidation catalyst is replaced with a deteriorated or 
defective catalyst, or an electronic simulation of such, resulting in 
exhaust NMHC emissions exceeding, for model years 2007 through 2012, 2.5 
times the applicable NMHC standard and, for model years 2013 and later, 
2 times the applicable NMHC standard. If monitored for exotherm 
performance, an oxidation catalsyt is replaced with a deteriorated or 
defective catalyst, or an electronic simulation of such, resulting in an 
inability to achieve a 100 degree C temperature rise, or the necessary 
regeneration temperature, within 60 seconds of initiating a DPF 
regeneration.
    (B) If monitored for performance--a diesel particulate filter (DPF) 
is replaced with a DPF that has catastrophically failed, or an 
electronic simulation of such; or, for model years 2010 and later, a DPF 
is replaced with a deteriorated or defective DPF, or an electronic 
simulation of such, resulting in either exhaust PM emissions exceeding 
the applicable FEL+0.04 g/bhp-hr or 0.05 g/bhp-hr PM, whichever is 
higher. If monitored for a decrease in the expected pressure drop 
according to the alternative monitoring provision of Sec. 86.007-
17(b)(1)(ii)(B), the OBD system fails to detect any of the pressure drop 
values across the DPF provided by the manufacturer at each of the nine 
engine speed/load operating points regardless of how those pressure 
drops are generated.
    (2)(i) Otto-cycle. An engine misfire condition is induced resulting 
in exhaust emissions exceeding 1.5 times the applicable standards or FEL 
for NMHC+NOX or CO.
    (ii) Diesel. An engine misfire condition is induced and is not 
detected.
    (3) Exhaust gas sensors--(i) Oxygen sensors and air-fuel ratio 
sensors downstream of aftertreatment devices--(A) Otto-cycle. If so 
equipped, any oxygen sensor or air-fuel ratio sensor located downstream 
of aftertreatment devices is replaced with a deteriorated or defective 
sensor, or an electronic simulation of such, resulting in exhaust 
emissions exceeding 1.5 times the applicable standard or FEL for NMHC, 
NOX or CO.
    (B) Diesel. If so equipped, any oxygen sensor or air-fuel ratio 
sensor located downstream of aftertreatment devices is replaced with a 
deteriorated or defective sensor, or an electronic simulation of such, 
resulting in exhaust emissions exceeding any of the following levels: 
The applicable PM FEL+0.04 g/bhp-hr or 0.05 g/bhp-hr PM, whichever is 
higher; or, for model years 2007 through 2012, 1.75 times the applicable 
NOX standard for engines certified to a NOX FEL 
greater than 0.50 g/bhp-hr, or the applicable NOX FEL+0.6 g/
bhp-hr for engines certified to a NOX FEL less than or equal 
to 0.50 g/bhp-hr and, for model years 2013 and later, the applicable 
NOX FEL+0.3 g/bhp-hr; or, for model years 2007 through 2012, 
2.5 times the applicable NMHC standard and, for model years 2013 and 
later, 2 times the applicable NMHC standard.
    (ii) Oxygen sensors and air-fuel ratio sensors upstream of 
aftertreatment devices--(A) Otto-cycle. If so equipped, any oxygen 
sensor or air-fuel ratio sensor located upstream of aftertreatment 
devices is replaced with a deteriorated or defective sensor, or an 
electronic simulation of such, resulting in exhaust emissions exceeding 
1.5 times the applicable standard or FEL for NMHC, NOX or CO.
    (B) Diesel. If so equipped, any oxygen sensor or air-fuel ratio 
sensor located upstream of aftertreatment devices is replaced with a 
deteriorated or defective sensor, or an electronic simulation of such, 
resulting in exhaust emissions

[[Page 241]]

exceeding any of the following levels: For model years 2007 through 
2012, the applicable PM FEL+0.04 g/bhp-hr or 0.05 g/bhp-hr PM, whichever 
is higher and, for model years 2013 and later, the applicable PM 
FEL+0.02 g/bhp-hr or 0.03 g/bhp-hr PM, whichever is higher; or, for 
model years 2007 through 2012, 1.75 times the applicable NOX 
standard for engines certified to a NOX FEL greater than 0.50 
g/bhp-hr, or the applicable NOX FEL+0.6 g/bhp-hr for engines 
certified to a NOX FEL less than or equal to 0.50 g/bhp-hr 
and, for model years 2013 and later, the applicable NOX 
FEL+0.3 g/bhp-hr; or, for model years 2007 through 2012, 2.5 times the 
applicable NMHC standard and, for model years 2013 and later, 2 times 
the applicable NMHC standard; or, for model years 2007 through 2012, 2.5 
times the applicable CO standard and, for model years 2013 and later, 2 
times the applicable CO standard.
    (iii) NOX sensors--(A) Otto-cycle. If so equipped, any 
NOX sensor is replaced with a deteriorated or defective 
sensor, or an electronic simulation of such, resulting in exhaust 
emissions exceeding 1.5 times the applicable standard or FEL for NMHC, 
NOX or CO.
    (B) Diesel. If so equipped, any NOX sensor is replaced 
with a deteriorated or defective sensor, or an electronic simulation of 
such, resulting in exhaust emissions exceeding any of the following 
levels: The applicable PM FEL+0.04 g/bhp-hr or 0.05 g/bhp-hr PM, 
whichever is higher; or, for model years 2007 through 2012, 1.75 times 
the applicable NOX standard for engines certified to a 
NOX FEL greater than 0.50 g/bhp-hr, or the applicable 
NOX FEL+0.6 g/bhp-hr for engines certified to a 
NOX FEL less than or equal to 0.50 g/bhp-hr and, for model 
years 2013 and later, the applicable NOX FEL+0.3 g/bhp-hr.
    (4) If so equipped and for Otto-cycle engines, a vapor leak is 
introduced in the evaporative and/or refueling system (excluding the 
tubing and connections between the purge valve and the intake manifold) 
greater than or equal in magnitude to a leak caused by a 0.040 inch 
diameter orifice, or the evaporative purge air flow is blocked or 
otherwise eliminated from the complete evaporative emission control 
system.
    (5)(i) Otto-cycle. A malfunction condition is induced in any 
emission-related engine system or component, including but not 
necessarily limited to, the exhaust gas recirculation (EGR) system, if 
equipped, the secondary air system, if equipped, and the fuel control 
system, singularly resulting in exhaust emissions exceeding 1.5 times 
the applicable emission standard or FEL for NMHC, NOX, or CO.
    (ii) Diesel. A malfunction condition is induced in any emission-
related engine system or component, including but not necessarily 
limited to, the exhaust gas recirculation (EGR) system, if equipped, and 
the fuel control system, singularly resulting in exhaust emissions 
exceeding any of the following levels: The applicable PM FEL+0.04 g/bhp-
hr or 0.05 g/bhp-hr PM, whichever is higher; or, for model years 2007 
through 2012, 1.75 times the applicable NOX standard for 
engines certified to a NOX FEL greater than 0.50 g/bhp-hr, or 
the applicable NOX FEL+0.6 g/bhp-hr for engines certified to 
a NOX FEL less than or equal to 0.50 g/bhp-hr and, for model 
years 2013 and later, the applicable NOX FEL+0.3 g/bhp-hr; 
or, for model years 2007 through 2012, 2.5 times the applicable NMHC 
standard and, for model years 2013 and later, 2 times the applicable 
NMHC standard; or, for model years 2007 through 2012, 2.5 times the 
applicable CO standard and, for model years 2013 and later, 2 times the 
applicable CO standard.
    (6) A malfunction condition is induced in an electronic emission-
related engine system or component not otherwise described above that 
either provides input to or receives commands from the on-board computer 
resulting in a measurable impact on emissions.

[74 FR 8360, Feb. 24, 2009]



Sec. 86.007-35  Labeling.

    Section 86.007-35 includes text that specifies requirements that 
differ from Sec. 86.095-35. Where a paragraph in Sec. 86.095-35 is 
identical and applicable to Sec. 86.007-35, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.095-35.''.
    (a) Introductory text through (a)(1)(iii)(L) [Reserved]. For 
guidance see Sec. 86.095-35.

[[Page 242]]

    (a)(1)(iii)(M) [Reserved]
    (a)(1)(iii)(N)(1) For vehicles exempted from compliance with certain 
revised performance warranty procedures, as specified in Sec. 86.096-
21(j), a statement indicating the specific performance warranty test(s) 
of 40 CFR part 85, subpart W, not to be performed.
    (2) For vehicles exempted from compliance with all revised 
performance warranty procedures, as specified in Sec. 86.096-21(k), a 
statement indicating:
    (i) That none of the performance warranty tests of 40 CFR part 85, 
subpart W, is to be performed; and
    (ii) The name of the Administrator-approved alternative test 
procedure to be performed.
    (2) Light-duty truck and heavy-duty vehicles optionally certified in 
accordance with the light-duty truck provisions.
    (i) A legible, permanent label shall be affixed in a readily visible 
position in the engine compartment.
    (ii) The label shall be affixed by the vehicle manufacturer who has 
been issued the certificate of conformity for such vehicle, in such a 
manner that it cannot be removed without destroying or defacing the 
label. The label shall not be affixed to any equipment which is easily 
detached from such vehicle.
    (iii) The label shall contain the following information lettered in 
the English language in block letters and numerals, which shall be of a 
color that contrasts with the background of the label:
    (A) The label heading: Important Vehicle Information;
    (B) Full corporate name and trademark of the manufacturer;
    (C) Engine displacement (in cubic inches or liters), engine family 
identification, and evaporative/refueling family;
    (a)(2)(iii)(D)-(a)(2)(iii)(E) [Reserved]. For guidance see Sec. 
86.095-35.
    (a)(2)(iii)(F) [Reserved]
    (a)(2)(iii)(G)-(a)(2)(iii)(K) [Reserved]. For guidance see Sec. 
86.095-35.
    (a)(2)(iii)(L) [Reserved]
    (a)(2)(iii)(M)-(a)(2)(iii)(N) [Reserved]. For guidance see Sec. 
86.095-35.
    (a)(2)(iii)(O)(l) For vehicles exempted from compliance with certain 
revised performance warranty procedures, as specified in Sec. 86.096-
21(j), a statement indicating the specific performance warranty test(s) 
of 40 CFR part 85, subpart W, not to be performed.
    (2) For vehicles exempted from compliance with all revised 
performance warranty procedures, as specified in Sec. 86.096-21(k), a 
statement indicating:
    (i) That none of the performance warranty tests of 40 CFR part 85, 
subpart W, is to be performed, and
    (ii) The name of the Administrator-approved alternative test 
procedure to be performed.
    (a)(3) heading through (b) [Reserved]. For guidance see Sec. 
86.095-35.
    (c) Vehicles powered by model year 2007 and later diesel-fueled 
engines must include permanent, readily visible labels on the dashboard 
(or instrument panel) and near all fuel inlets that state ``Use Ultra 
Low Sulfur Diesel Fuel Only''; or ``Ultra Low Sulfur Diesel Fuel Only''.
    (d)-(i) [Reserved]. For guidance see Sec. 86.095-35.
    (j) The Administrator may approve in advance other label content and 
formats provided the alternative label contains information consistent 
with this section.

[66 FR 5165, Jan. 18, 2001, as amended at 69 FR 39212, June 29, 2004; 70 
FR 40433, July 13, 2005; 71 FR 51487, Aug. 30, 2006]



Sec. 86.007-38  Maintenance instructions.

    This section includes text that specifies requirements that differ 
from those specified in Sec. 86.096-38 or Sec. 86.004-38. Where a 
paragraph in Sec. 86.096-38 or Sec. 86.004-38 is identifical and 
applicable to Sec. 86.007-38, this may be indicated by specifying the 
corresponding paragraph and the statement ``[Reserved]. For guidance see 
Sec. 86.096-38., or [Reserved]. For guidance see Sec. 86.004-38.''.
    (a)-(f) [Reserved]. For guidance see Sec. 86.004-38.
    (g) [Reserved]. For guidance see Sec. 86.096-38. For incorporation 
by reference see Sec. Sec. 86.1 and 86.096-38.
    (h) [Reserved]. For guidance see Sec. 86.004-38.
    (i) For each new diesel-fueled engine subject to the standards 
prescribed in Sec. 86.007-11, as applicable, the manufacturer shall 
furnish or cause to be furnished to the ultimate purchaser a statement 
that ``This engine must be

[[Page 243]]

operated only with ultra low-sulfur diesel fuel (meeting EPA 
specifications for highway diesel fuel, including a 15 ppm sulfur 
cap).''

[66 FR 5165, Jan. 18, 2001, as amended at 68 FR 38455, June 27, 2003; 69 
FR 39212, June 29, 2004]



Sec. 86.008-10  Emission standards for 2008 and later model year 
Otto-cycle heavy-duty engines and vehicles.

    Section 86.008-10 includes text that specifies requirements that 
differ from Sec. 86.099-10. Where a paragraph in Sec. 86.099-10 is 
identical and applicable to Sec. 86.008-10, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.099-10.''.
    (a)(1) Exhaust emissions from new 2008 and later model year Otto-
cycle HDEs shall not exceed:
    (i)(A) Oxides of Nitrogen (NOX). 0.20 grams per brake horsepower-
hour (0.075 grams per megajoule).
    (B) A manufacturer may elect to include any or all of its Otto-cycle 
HDE families in any or all of the NOX and NOX plus 
NMHC emissions ABT programs for HDEs, within the restrictions described 
in Sec. 86.008-15 or Sec. 86.004-15. If the manufacturer elects to 
include engine families in any of these programs, the NOX FEL 
may not exceed 0.50 grams per brake horsepower-hour (0.26 grams per 
megajoule). This ceiling value applies whether credits for the family 
are derived from averaging, banking, or trading programs. The 
NOX FEL cap is 0.80 for model years before 2011 for 
manufacturers choosing to certify to the 1.5 g/bhp-hr 
NOX+NMHC standard in 2003 or 2004, in accordance with Sec. 
86.005-10(f).
    (ii)(A) Non-methane Hydrocarbons (NMHC) for engines fueled with 
either gasoline, natural gas, or liquefied petroleum gas. 0.14 grams per 
brake horsepower-hour (0.052grams per megajoule).
    (B) Non-methane Hydrocarbon Equivalent (NMHCE) for engines fueled 
with methanol. 0.14 grams per brake horsepower-hour (0.052grams per 
megajoule).
    (C) A manufacturer may elect to include any or all of its Otto-cycle 
HDE families in any or all of the NMHC emissions ABT programs for HDEs, 
within the restrictions described in Sec. 86.008-15 or Sec. 86.004-15. 
If the manufacturer elects to include engine families in any of these 
programs, the NMHC FEL may not exceed 0.30 grams per brake horsepower-
hour. This ceiling value applies whether credits for the family are 
derived from averaging, banking, or trading programs. The NMHC FEL cap 
is 0.40 for model years before 2011 for manufacturers choosing to 
certify to the 1.5 g/bhp-hr NOX+NMHC in 2004, as allowed in 
Sec. 86.005-10.
    (iii)(A) Carbon monoxide. 14.4 grams per brake horsepower-hour (5.36 
grams per megajoule).
    (B) Idle Carbon Monoxide. For all Otto-cycle HDEs utilizing 
aftertreatment technology, and not certified to the onboard diagnostics 
requirements of Sec. 86.005-17: 0.50 percent of exhaust gas flow at 
curb idle.
    (iv) Particulate. 0.01grams per brake horsepower-hour (0.0037grams 
per megajoule).
    (2) The standards set forth in paragraph (a)(1) of this section 
refer to the exhaust emitted over the operating schedule set forth in 
paragraph (f)(1) of appendix I to this part, and measured and calculated 
in accordance with the procedures set forth in subpart N or P of this 
part.
    (3)-(4) [Reserved]
    (b) Evaporative emissions from heavy-duty vehicles shall not exceed 
the following standards. The standards apply equally to certification 
and in-use vehicles. The spitback standard also applies to newly 
assembled vehicles. For certification vehicles only, manufacturers may 
conduct testing to quantify a level of nonfuel background emissions for 
an individual test vehicle. Such a demonstration must include a 
description of the source(s) of emissions and an estimated decay rate. 
The demonstrated level of nonfuel background emissions may be subtracted 
from emission test results from certification vehicles if approved in 
advance by the Administrator.
    (1) Hydrocarbons (for vehicles equipped with gasoline-fueled, 
natural gas-fueled or liquefied petroleum gas-fueled engines).
    (i) For vehicles with a Gross Vehicle Weight Rating of up to 14,000 
lbs:

[[Page 244]]

    (A)(1) For the full three-diurnal test sequence described in Sec. 
86.1230-96, diurnal plus hot soak measurements: 1.4 grams per test.
    (2) For the supplemental two-diurnal test sequence described in 
Sec. 86.1230-96, diurnal plus hot soak measurements (gasoline-fueled 
vehicles only): 1.75 grams per test.
    (B) Running loss test (gasoline-fueled vehicles only): 0.05 grams 
per mile.
    (C) Fuel dispensing spitback test (gasoline-fueled vehicles only): 
1.0 grams per test.
    (ii) For vehicles with a Gross Vehicle Weight Rating of greater than 
14,000 lbs:
    (A)(1) For the full three-diurnal test sequence described in Sec. 
86.1230-96, diurnal plus hot soak measurements: 1.9 grams per test.
    (2) For the supplemental two-diurnal test sequence described in 
Sec. 86.1230-96, diurnal plus hot soak measurements (gasoline-fueled 
vehicles only): 2.3 grams per test.
    (B) Running loss test (gasoline-fueled vehicles only): 0.05 grams 
per mile.
    (2) Total Hydrocarbon Equivalent (for vehicles equipped with 
methanol-fueled engines).
    (i) For vehicles with a Gross Vehicle Weight Rating of up to 14,000 
lbs:
    (A)(1) For the full three-diurnal test sequence described in Sec. 
86.1230-96, diurnal plus hot soak measurements: 1.4 grams carbon per 
test.
    (2) For the supplemental two-diurnal test sequence described in 
Sec. 86.1230-96, diurnal plus hot soak measurements: 1.75 grams carbon 
per test.
    (B) Running loss test: 0.05 grams carbon per mile.
    (C) Fuel dispensing spitback test: 1.0 grams carbon per test.
    (ii) For vehicles with a Gross Vehicle Weight Rating of greater than 
14,000 lbs:
    (A)(1) For the full three-diurnal test sequence described in Sec. 
86.1230-96, diurnal plus hot soak measurements: 1.9 grams carbon per 
test.
    (2) For the supplemental two-diurnal test sequence described in 
Sec. 86.1230-96, diurnal plus hot soak measurements: 2.3 grams carbon 
per test.
    (B) Running loss test: 0.05 grams carbon per mile.
    (3)(i) For vehicles with a Gross Vehicle Weight Rating of up to 
26,000 lbs, the standards set forth in paragraphs (b)(1) and (b)(2) of 
this section refer to a composite sample of evaporative emissions 
collected under the conditions and measured in accordance with the 
procedures set forth in subpart M of this part.
    (ii) For vehicles with a Gross Vehicle Weight Rating of greater than 
26,000 lbs., the standards set forth in paragraphs (b)(1)(ii) and 
(b)(2)(ii) of this section refer to the manufacturer's engineering 
design evaluation using good engineering practice (a statement of which 
is required in Sec. 86.098-23(b)(4)(ii)).
    (4) All fuel vapor generated in a gasoline- or methanol-fueled 
heavy-duty vehicle during in-use operations shall be routed exclusively 
to the evaporative control system (e.g., either canister or engine 
purge). The only exception to this requirement shall be for emergencies.
    (c) No crankcase emissions shall be discharged into the ambient 
atmosphere from any new 2008 or later model year Otto-cycle HDE.
    (d) Every manufacturer of new motor vehicle engines subject to the 
standards prescribed in this section shall, prior to taking any of the 
actions specified in section 203(a)(1) of the Act, test or cause to be 
tested motor vehicle engines in accordance with applicable procedures in 
subpart N or P of this part to ascertain that such test engines meet the 
requirements of this section.
    (e) [Reserved]. For guidance see Sec. 86.099-10.
    (f) Phase-in options. (1)(i) For model year 2008, manufacturers may 
certify some of their engine families to the exhaust standards 
applicable to model year 2007 engines under Sec. 86.005-10, in lieu of 
the exhaust standards specified in this section. These engines must 
comply with all other requirements applicable to model year 2008 
engines, except as allowed by paragraph (f)(1)(ii) of this section. The 
combined number of engines in the engine families certified to the 2007 
combined NOX plus NMHC standard may not exceed 50 percent of 
the manufacturer's U.S.-directed production of heavy-duty Otto-cycle 
motor vehicle engines for model

[[Page 245]]

year 2008, except as explicitly allowed by paragraph (f)(2) of this 
section.
    (ii) For model year 2008, manufacturers may certify some of their 
engine families to the evaporative standards applicable to model year 
2007 engines under Sec. 86.005-10, in lieu of the standards specified 
in this section. These engines must comply with all other requirements 
applicable to model year 2008 engines, except as allowed by paragraph 
(f)(1)(i) of this section. The combined number of engines in the engine 
families certified to the 2007 standards may not exceed 50 percent of 
the manufacturer's U.S.-directed production of heavy-duty Otto-cycle 
motor vehicle engines for model year 2008.
    (2)(i) Manufacturers certifying engines to all of the applicable 
exhaust standards listed in paragraph (a) of this section prior to model 
year 2008 (without using credits) may reduce the number of engines that 
are required to meet the NOX and NMHC exhaust standards 
listed in paragraph (a) of this section in model year 2008 and/or 2009, 
taking into account the phase-in option provided in paragraph (f)(1) of 
this section. For every engine that is certified early, the manufacturer 
may reduce the number of engines that are required by paragraph (f)(1) 
of this section to meet the NOX and NMHC standards listed in 
paragraph (a) of this section by one engine. For example, if a 
manufacturer produces 100 heavy-duty Otto-cycle engines in 2007 that 
meet all of the applicable standards listed in paragraph (a) of this 
section, and it produced 10,000 heavy-duty Otto-cycle engines in 2009, 
then only 9,900 of the engines would need to comply with the 
NOX and NMHC standards listed in paragraph (a) of this 
section.
    (ii) Manufacturers certifying engines to all of the applicable 
evaporative standards listed in paragraph (b) of this section prior to 
model year 2008 may reduce the number of engines that are required to 
meet the evaporative standards listed in paragraph (a) of this section 
in model year 2008 and/or 2009, taking into account the phase-in option 
provided in paragraph (f)(1) of this section. For every engine that is 
certified early, the manufacturer may reduce the number of engines that 
are required by paragraph (f)(1) of this section to meet evaporative 
standards listed in paragraph (b) of this section by one engine.
    (3) Manufacturers certifying engines to a voluntary NOX 
standard of 0.10 g/bhp-hr (without using credits) in addition to all of 
the applicable standards listed in paragraphs (a) and (b) of this 
section prior to model year 2008 may reduce the number of engines that 
are required to meet the NOX and NMHC standards listed in 
paragraph (a) of this section in model year 2008 and/or 2009, taking 
into account the phase-in option provided in paragraph (f)(1) of this 
section. For such every engine that is certified early, the manufacturer 
may reduce the number of engines that are required by paragraph (f)(1) 
of this section to meet the NOX and NMHC standards listed in 
paragraph (a) of this section by two engines.
    (g) For model years prior to 2012, for purposes of determining 
compliance after title or custody has transferred to the ultimate 
purchaser, for engines having a NOX FEL no higher than 0.50 
g/bhp-hr, the applicable compliance limits for NOX and NMHC 
shall be determined by adding 0.10 g/bhp-hr to the otherwise applicable 
standards or FELs for NOX and NMHC.

[66 FR 5165, Jan. 18, 2001]



Sec. 86.010-2  Definitions.

    The definitions of Sec. 86.004-2 continue to apply to 2004 and 
later model year vehicles. The definitions listed in this section apply 
beginning with the 2010 model year.
    DTC means diagnostic trouble code.
    Engine or engine system as used in Sec. Sec. 86.007-17, 86.007-30, 
86.010-18, and 86.010-38 means the engine, fuel system, induction 
system, aftertreatment system, and everything that makes up the system 
for which an engine manufacturer has received a certificate of 
conformity.
    Engine start as used in Sec. 86.010-18 means the point when the 
engine reaches a speed 150 rpm below the normal, warmed-up idle speed 
(as determined in the drive position for vehicles equipped with an 
automatic transmission). For hybrid vehicles or for engines employing 
alternative engine start hardware or strategies (e.g., integrated 
starter and generators.), the

[[Page 246]]

manufacturer may use an alternative definition for engine start (e.g., 
key-on) provided the alternative definition is based on equivalence to 
an engine start for a conventional vehicle.
    Functional check, in the context of onboard diagnostics, means 
verifying that a component and/or system that receives information from 
a control computer responds properly to a command from the control 
computer.
    Ignition cycle as used in Sec. 86.010-18 means a cycle that begins 
with engine start, meets the engine start definition for at least two 
seconds plus or minus one second, and ends with engine shutoff.
    Limp-home operation as used in Sec. 86.010-18 means an operating 
mode that an engine is designed to enter upon determining that normal 
operation cannot be maintained. In general, limp-home operation implies 
that a component or system is not operating properly or is believed to 
be not operating properly.
    Malfunction means the conditions have been met that require the 
activation of an OBD malfunction indicator light and storage of a DTC.
    MIL-on DTC means the diagnostic trouble code stored when an OBD 
system has detected and confirmed that a malfunction exists (e.g., 
typically on the second drive cycle during which a given OBD monitor has 
evaluated a system or component). Industry standards may refer to this 
as a confirmed or an active DTC.
    Onboard Diagnostics (OBD) group means a combination of engines, 
engine families, or engine ratings that use the same OBD strategies and 
similar calibrations.
    Pending DTC means the diagnostic trouble code stored upon the 
detection of a potential malfunction.
    Permanent DTC means a DTC that corresponds to a MIL-on DTC and is 
stored in non-volatile random access memory (NVRAM). A permanent DTC can 
only be erased by the OBD system itself and cannot be erased through 
human interaction with the OBD system or any onboard computer.
    Potential malfunction means that conditions have been detected that 
meet the OBD malfunction criteria but for which more drive cycles are 
allowed to provide further evaluation prior to confirming that a 
malfunction exists.
    Previous-MIL-on DTC means a DTC that corresponds to a MIL-on DTC but 
is distinguished by representing a malfunction that the OBD system has 
determined no longer exists but for which insufficient operation has 
occurred to satisfy the DTC erasure provisions.
    Rationality check, in the context of onboard diagnostics, means 
verifying that a component that provides input to a control computer 
provides an accurate input to the control computer while in the range of 
normal operation and when compared to all other available information.
    Similar conditions, in the context of onboard diagnostics, means 
engine conditions having an engine speed within 375 rpm, load conditions 
within 20 percent, and the same warm up status (i.e., cold or hot). The 
manufacturer may use other definitions of similar conditions based on 
comparable timeliness and reliability in detecting similar engine 
operation.

[74 FR 8369, Feb. 24, 2009]



Sec. 86.010-18  On-board Diagnostics for engines used in applications 
greater than 14,000 pounds GVWR.

    (a) General. According to the implementation schedule shown in 
paragraph (o) of this section, heavy-duty engines intended for use in a 
heavy-duty vehicle weighing more than 14,000 pounds GVWR must be 
equipped with an on-board diagnostic (OBD) system capable of monitoring 
all emission-related engine systems or components during the life of the 
engine. The OBD system is required to detect all malfunctions specified 
in paragraphs (g), (h), and (i) of this Sec. 86.010-18 although the OBD 
system is not required to use a unique monitor to detect each of those 
malfunctions.
    (1) When the OBD system detects a malfunction, it must store a 
pending, a MIL-on, or a previous-MIL-on diagnostic trouble code (DTC) in 
the onboard computer's memory. A malfunction indicator light (MIL) must 
also be activated as specified in paragraph (b) of this section.
    (2) Data link connector. (i) For model years 2010 through 2012, the 
OBD system must be equipped with a data link

[[Page 247]]

connector to provide access to the stored DTCs as specified in paragraph 
(k)(2) of this section.
    (ii) For model years 2013 and later, the OBD system must be equipped 
with a standardized data link connector to provide access to the stored 
DTCs as specified in paragraph (k)(2) of this section.
    (3) The OBD system cannot be programmed or otherwise designed to 
deactivate based on age and/or mileage. This requirement does not alter 
existing law and enforcement practice regarding a manufacturer's 
liability for an engine beyond its regulatory useful life, except where 
an engine has been programmed or otherwise designed so that an OBD 
system deactivates based on age and/or mileage of the engine.
    (4) Drive cycle or driving cycle, in the context of this Sec. 
86.010-18, means operation that meets any of the conditions of 
paragraphs (a)(4)(i) through (a)(4)(iv) of this section. Further, for 
OBD monitors that run during engine-off conditions, the period of 
engine-off time following engine shutoff and up to the next engine start 
may be considered part of the drive cycle for the conditions of 
paragraphs (a)(4)(i) and (a)(4)(iv) of this section. For engines/
vehicles that employ engine shutoff OBD monitoring strategies that do 
not require the vehicle operator to restart the engine to continue 
vehicle operation (e.g., a hybrid bus with engine shutoff at idle), the 
manufacturer may use an alternative definition for drive cycle (e.g., 
key-on followed by key-off). Any alternative definition must be based on 
equivalence to engine startup and engine shutoff signaling the beginning 
and ending of a single driving event for a conventional vehicle. For 
engines that are not likely to be routinely operated for long continuous 
periods of time, a manufacturer may also request approval to use an 
alternative definition for drive cycle (e.g., solely based on engine 
start and engine shutoff without regard to four hours of continuous 
engine-on time). Administrator approval of the alternative definition 
will be based on manufacturer-submitted data and/or information 
demonstrating the typical usage, operating habits, and/or driving 
patterns of these vehicles.
    (i) Begins with engine start and ends with engine shutoff;
    (ii) Begins with engine start and ends after four hours of 
continuous engine-on operation;
    (iii) Begins at the end of the previous four hours of continuous 
engine-on operation and ends after four hours of continuous engine-on 
operation; or
    (iv) Begins at the end of the previous four hours of continuous 
engine-on operation and ends with engine shutoff.
    (5) As an alternative to demonstrating compliance with the 
provisions of paragraphs (b) through (l) of this Sec. 86.010-18, a 
manufacturer may demonstrate how the OBD system they have designed to 
comply with California OBD requirements for engines used in applications 
greater than 14,000 pounds also complies with the intent of the 
provisions of paragraphs (b) through (l) of this section. To make use of 
this alternative, the manufacturer must demonstrate to the Administrator 
how the OBD system they intend to certify meets the intent behind all of 
the requirements of this section, where applicable (e.g., paragraph (h) 
of this section would not apply for a diesel fueled/CI engine). 
Furthermore, if making use of this alternative, the manufacturer must 
comply with the specific certification documentation requirements of 
paragraph (m)(3) of this section.
    (6) Temporary provisions to address hardship due to unusual 
circumstances. (i) After considering the unusual circumstances, the 
Administrator may permit the manufacturer to introduce into U.S. 
commerce engines that do not comply with this Sec. 86.010-18 for a 
limited time if all the following conditions apply:
    (A) Unusual circumstances that are clearly outside the 
manufacturer's control prevent compliance with the requirements of this 
Sec. 86.010-18.
    (B) The manufacturer exercised prudent planning and was not able to 
avoid the violation and has taken all reasonable steps to minimize the 
extent of the nonconformity.
    (C) No other allowances are available under the regulations in this 
chapter to avoid the impending violation.

[[Page 248]]

    (ii) To apply for an exemption, the manufacturer must send to the 
Administrator a written request as soon as possible before being in 
violation. In the request, the manufacturer must show that all the 
conditions and requirements of paragraph (a)(6)(i) of this section are 
met.
    (iii) The request must also include a plan showing how all the 
applicable requirements will be met as quickly as possible.
    (iv) The manufacturer shall give the Administrator other relevant 
information upon request.
    (v) The Administrator may include additional conditions on an 
approval granted under the provisions of this paragraph (a)(6), 
including provisions that may require field repair at the manufacturer's 
expense to correct the noncompliance.
    (vi) Engines sold as non-compliant under this temporary hardship 
provision must display ``non-OBD'' in the data stream as required under 
paragraph (k)(4)(ii) of this section. Upon correcting the noncompliance, 
the data stream value must be updated accordingly.
    (b) Malfunction indicator light (MIL) and Diagnostic Trouble Codes 
(DTC). The OBD system must incorporate a malfunction indicator light 
(MIL) or equivalent and must store specific types of diagnostic trouble 
codes (DTC). Unless otherwise specified, all provisions of this 
paragraph (b) apply for 2010 and later model years.
    (1) MIL specifications. (i) For model years 2013 and later, the MIL 
must be located on the primary driver's side instrument panel and be of 
sufficient illumination and location to be readily visible under all 
lighting conditions. The MIL must be amber (yellow) in color; the use of 
red for the OBD-related MIL is prohibited. More than one general purpose 
malfunction indicator light for emission-related problems shall not be 
used; separate specific purpose warning lights (e.g., brake system, 
fasten seat belt, oil pressure, etc.) are permitted. When activated, the 
MIL shall display the International Standards Organization (ISO) engine 
symbol.
    (ii) The OBD system must activate the MIL when the ignition is in 
the key-on/engine-off position before engine cranking to indicate that 
the MIL is functional. The MIL shall be activated continuously during 
this functional check for a minimum of 5 seconds. During this MIL key-on 
functional check, the data stream value (see paragraph (k)(4)(ii) of 
this section) for MIL status must indicate ``commanded off'' unless the 
OBD system has detected a malfunction and has stored a MIL-on DTC. This 
MIL key-on functional check is not required during vehicle operation in 
the key-on/engine-off position subsequent to the initial engine cranking 
of an ignition cycle (e.g., due to an engine stall or other non-
commanded engine shutoff).
    (iii) As an option, the MIL may be used to indicate readiness status 
(see paragraph (k)(4)(i) of this section) in a standardized format in 
the key-on/engine-off position.
    (iv) A manufacturer may also use the MIL to indicate which, if any, 
DTCs are currently stored (e.g., to ``blink'' the stored DTCs). Such use 
must not activate unintentionally during routine driver operation.
    (v) For model years 2013 and later, the MIL required by this 
paragraph (b) must not be used in any other way than is specified in 
this section.
    (2) MIL activation and DTC storage protocol. (i) Within 10 seconds 
of detecting a potential malfunction, the OBD system must store a 
pending DTC that identifies the potential malfunction.
    (ii) If the potential malfunction is again detected before the end 
of the next drive cycle during which monitoring occurs (i.e., the 
potential malfunction has been confirmed as a malfunction), then within 
10 seconds of such detection the OBD system must activate the MIL 
continuously and store a MIL-on DTC (systems using the SAE J1939 
standard protocol specified in paragraph (k)(1) of this section may 
either erase or retain the pending DTC in conjunction with storing the 
MIL-on DTC). If the potential malfunction is not detected before the end 
of the next drive cycle during which monitoring occurs (i.e., there is 
no indication of the malfunction at any time during the drive cycle), 
the corresponding pending DTC should be erased at the end of the drive 
cycle. Similarly, if a malfunction

[[Page 249]]

is detected for the first time and confirmed on a given drive cycle 
without need for further evaluation, then within 10 seconds of such 
detection the OBD system must activate the MIL continuously and store a 
MIL-on DTC (again, systems using the SAE J1939 standard protocol 
specified in paragraph (k)(1) of this section may optionally store a 
pending DTC in conjunction with storing the MIL-on DTC).
    (iii) A manufacturer may request Administrator approval to employ 
alternative statistical MIL activation and DTC storage protocols to 
those specified in paragraphs (b)(2)(i) and (b)(2)(ii) of this section. 
Approval will depend upon the manufacturer providing data and/or 
engineering evaluations that demonstrate that the alternative protocols 
can evaluate system performance and detect malfunctions in a manner that 
is equally effective and timely. Strategies requiring on average more 
than six drive cycles for MIL activation will not be accepted.
    (iv) The OBD system must store a ``freeze frame'' of the operating 
conditions (as defined in paragraph (k)(4)(iii) of this section) present 
upon detecting a malfunction or a potential malfunction. In the event 
that a pending DTC has matured to a MIL-on DTC, the manufacturer shall 
either retain the currently stored freeze frame conditions or replace 
the stored freeze frame with freeze frame conditions regarding the MIL-
on DTC. Any freeze frame stored in conjunction with any pending DTC or 
MIL-on DTC should be erased upon erasure of the corresponding DTC.
    (v) If the engine enters a limp-home mode of operation that can 
affect emissions or the performance of the OBD system, or in the event 
of a malfunction of an onboard computer(s) itself that can affect the 
performance of the OBD system, the OBD system must activate the MIL and 
store a MIL-on DTC within 10 seconds to inform the vehicle operator. If 
the limp-home mode of operation is recoverable (i.e., operation 
automatically returns to normal at the beginning of the following 
ignition cycle), the OBD system may wait to activate the MIL and store 
the MIL-on DTC if the limp-home mode of operation is again entered 
before the end of the next ignition cycle rather than activating the MIL 
within 10 seconds on the first drive cycle during which the limp-home 
mode of operation is entered.
    (vi) Before the end of an ignition cycle, the OBD system must store 
a permanent DTC(s) that corresponds to any stored MIL-on DTC(s).
    (3) MIL deactivation and DTC erasure protocol--(i) Deactivating the 
MIL. Except as otherwise provided for in paragraphs (g)(2)(iv)(E) and 
(g)(6)(iv)(B) of this section for diesel misfire malfunctions and empty 
reductant tanks, and paragraphs (h)(1)(iv)(F), (h)(2)(viii), and 
(h)(7)(iv)(B) of this section for gasoline fuel system, misfire, and 
evaporative system malfunctions, once the MIL has been activated, it may 
be deactivated after three subsequent sequential drive cycles during 
which the monitoring system responsible for activating the MIL functions 
and the previously detected malfunction is no longer present and 
provided no other malfunction has been detected that would independently 
activate the MIL according to the requirements outlined in paragraph 
(b)(2) of this section.
    (ii) Erasing a MIL-on DTC. The OBD system may erase a MIL-on DTC if 
the identified malfunction has not again been detected in at least 40 
engine warm up cycles and the MIL is presently not activated for that 
malfunction. The OBD system may also erase a MIL-on DTC upon 
deactivating the MIL according to paragraph (b)(3)(i) of this section 
provided a previous-MIL-on DTC is stored upon erasure of the MIL-on DTC. 
The OBD system may erase a previous-MIL-on DTC if the identified 
malfunction has not again been detected in at least 40 engine warm up 
cycles and the MIL is presently not activated for that malfunction.
    (iii) Erasing a permanent DTC. The OBD system can erase a permanent 
DTC only if:
    (A) The OBD system itself determines that the malfunction that 
caused the corresponding permanent DTC to be stored is no longer present 
and is not commanding activation of

[[Page 250]]

the MIL, concurrent with the requirements of paragraph (b)(3)(i) of this 
section which, for purposes of this paragraph (b)(3)(iii), shall apply 
to all monitors.
    (B) All externally erasable DTC information stored in the onboard 
computer has been erased (i.e., through the use of a scan tool or 
battery disconnect) and the monitor of the malfunction that caused the 
permanent DTC to be stored is subject to the minimum ratio requirements 
of paragraph (d) of this section, the OBD system shall erase the 
permanent DTC at the end of a drive cycle if the monitor has run and 
made one or more determinations during a drive cycle that the 
malfunction of the component or the system is not present and has not 
made any determinations within the same drive cycle that the malfunction 
is present.
    (C)(1) All externally erasable DTC information stored in the onboard 
computer has been erased (i.e., through the use of a scan tool or 
battery disconnect) and the monitor of the malfunction that caused the 
permanent DTC to be stored is not subject to the minimum ratio 
requirements of paragraph (d) of this section, the OBD system shall 
erase the permanent DTC at the end of a drive cycle provided the 
following two criteria have independently been satisfied:
    (i) The monitor has run and made one or more determinations during a 
drive cycle that the malfunction is no longer present and has not made 
any determinations within the same drive cycle that the malfunction is 
present; and,
    (ii) The monitor does not detect a malfunction on a drive cycle and 
the criteria of paragraph (d)(4)(ii) of this section has been met.
    (2) These two separate criteria may be met on the same or different 
drive cycles provided the monitor never detects a malfunction during 
either drive cycle, and if criteria (b)(3)(iii)(C)(1)(i) happens first 
then no malfunction may be detected before criteria 
(b)(3)(iii)(C)(1)(ii) occurs. If a malfunction occurs after criteria 
(b)(3)(iii)(C)(1)(i) then criteria (b)(3)(iii)(C)(1)(i) must be 
satisfied again. For the second criterion, the manufacturer must exclude 
any temperature and/or elevation provisions of paragraph (d)(4)(ii) of 
this section. For this paragraph (b)(3)(iii)(C), monitors required to 
use ``similar conditions'' as defined in Sec. 86.010-2 to store and 
erase pending and MIL-on DTCs cannot require that the similar conditions 
be met prior to erasure of the permanent DTC.
    (D) The Administrator shall allow monitors subject to paragraph 
(b)(3)(iii)(B) of this section to use the criteria of paragraph 
(b)(3)(iii)(C) of this section in lieu of paragraph (b)(3)(iii)(B). 
Further, manufacturers may request Administrator approval to use 
alternative criteria to erase the permanent DTC. The Administrator shall 
approve alternate criteria that will not likely require driving 
conditions that are longer and more difficult to meet than those 
required under paragraph (b)(3)(iii)(C) of this section and do not 
require access to enhanced scan tools to determine conditions necessary 
to erase the permanent DTC.
    (4) Exceptions to MIL and DTC requirements. (i) If a limp-home mode 
of operation causes a overt indication (e.g., activation of a red engine 
shut-down warning light) such that the driver is certain to respond and 
have the problem corrected, a manufacturer may choose not to activate 
the MIL as required by paragraph (b)(2)(v) of this section. 
Additionally, if an auxiliary emission control device has been properly 
activated as approved by the Administrator, a manufacturer may choose 
not to activate the MIL.
    (ii) For gasoline engines, a manufacturer may choose to meet the MIL 
and DTC requirements in Sec. 86.007-17 in lieu of meeting the 
requirements of paragraph (b) of this Sec. 86.010-18.
    (c) Monitoring conditions. The OBD system must monitor and detect 
the malfunctions specified in paragraphs (g), (h), and (i) of this 
section under the following general monitoring conditions. The more 
specific monitoring conditions of paragraph (d) of this section are 
sometimes required according to the provisions of paragraphs (g), (h), 
and (i) of this section.

[[Page 251]]

    (1) As specifically provided for in paragraphs (g), (h), and (i) of 
this section, the monitoring conditions for detecting malfunctions must 
be technically necessary to ensure robust detection of malfunctions 
(e.g., avoid false passes and false indications of malfunctions); 
designed to ensure monitoring will occur under conditions that may 
reasonably be expected to be encountered in normal vehicle operation and 
normal vehicle use; and, designed to ensure monitoring will occur during 
the FTP transient test cycle contained in appendix I paragraph (f), of 
this part, or similar drive cycle as approved by the Administrator.
    (2) Monitoring must occur at least once per drive cycle in which the 
monitoring conditions are met.
    (3) Manufacturers may define monitoring conditions that are not 
encountered during the FTP cycle as required in paragraph (c)(1) of this 
section. In doing so, the manufacturer would be expected to consider the 
degree to which the requirement to run during the FTP transient cycle 
restricts monitoring during in-use operation, the technical necessity 
for defining monitoring conditions that are not encountered during the 
FTP cycle, whether monitoring is otherwise not feasible during the FTP 
cycle, and/or the ability to demonstrate that the monitoring conditions 
satisfy the minimum acceptable in-use monitor performance ratio 
requirement as defined in paragraph (d) of this section.
    (d) In-use performance tracking. As specifically required in 
paragraphs (g), (h), and (i) of this section, the OBD system must 
monitor and detect the malfunctions specified in paragraphs (g), (h), 
and (i) of this section according to the criteria of this paragraph (d). 
The OBD system is not required to track and report in-use performance 
for monitors other than those specifically identified in paragraph 
(d)(1) of this section, but all monitors on applicable model year 
engines are still required to meet the in-use performance ratio as 
specified in paragraph (d)(1)(ii) of this section.
    (1) The manufacturer must implement software algorithms in the OBD 
system to individually track and report the in-use performance of the 
following monitors, if equipped, in the standardized format specified in 
paragraph (e) of this section: NMHC converting catalyst (paragraph 
(g)(5) of this section); NOX converting catalyst (paragraph 
(g)(6) of this section); gasoline catalyst (paragraph (h)(6) of this 
section); exhaust gas sensor (paragraph (g)(9) of this section) or 
paragraph(h)(8) of this section); evaporative system (paragraph (h)(7) 
of this section); EGR system (paragraph (g)(3) of this section or (h)(3) 
of this section); VVT system (paragraph (g)(10) of this section or 
(h)(9) of this section); secondary air system (paragraph (h)(5) of this 
section); DPF system (paragraph (g)(8) of this section); boost pressure 
control system (paragraph (g)(4) of this section); and, NOX 
adsorber system (paragraph (g)(7) of this section).
    (i) The manufacturer shall not use the calculated ratio specified in 
paragraph (d)(2) of this section or any other indication of monitor 
frequency as a monitoring condition for a monitor (e.g., using a low 
ratio to enable more frequent monitoring through diagnostic executive 
priority or modification of other monitoring conditions, or using a high 
ratio to enable less frequent monitoring).
    (ii) For model years 2013 and later, manufacturers must define 
monitoring conditions that, in addition to meeting the criteria in 
paragraphs (c)(1) and (d)(1) of this section, ensure that the monitor 
yields an in-use performance ratio (as defined in paragraph (d)(2) of 
this section) that meets or exceeds the minimum acceptable in-use 
monitor performance ratio of 0.100 for all monitors specifically 
required in paragraphs (g), (h), and (i) of this section to meet the 
monitoring condition requirements of this paragraph (d).
    (iii) If the most reliable monitoring method developed requires a 
lower ratio for a specific monitor than that specified in paragraph 
(d)(1)(ii) of this section, the Administrator may lower the minimum 
acceptable in-use monitoring performance ratio.
    (2) In-use performance ratio definition. For monitors required to 
meet the requirements of paragraph (d) of this section, the performance 
ratio must be calculated in accordance with the specifications of this 
paragraph (d)(2).

[[Page 252]]

    (i) The numerator of the performance ratio is defined as the number 
of times a vehicle has been operated such that all monitoring conditions 
have been encountered that are necessary for the specific monitor to 
detect a malfunction.
    (ii) The denominator is defined as the number of times a vehicle has 
been operated in accordance with the provisions of paragraph (d)(4) of 
this section.
    (iii) The performance ratio is defined as the numerator divided by 
the denominator.
    (3) Specifications for incrementing the numerator. (i) Except as 
provided for in paragraph (d)(3)(v) of this section, the numerator, when 
incremented, must be incremented by an integer of one. The numerator 
shall not be incremented more than once per drive cycle.
    (ii) The numerator for a specific monitor must be incremented within 
10 seconds if and only if the following criteria are satisfied on a 
single drive cycle:
    (A) Every monitoring condition has been satisfied that is necessary 
for the specific monitor to detect a malfunction and store a pending 
DTC, including applicable enable criteria, presence or absence of 
related DTCs, sufficient length of monitoring time, and diagnostic 
executive priority assignments (e.g., diagnostic ``A'' must execute 
prior to diagnostic ``B''). For the purpose of incrementing the 
numerator, satisfying all the monitoring conditions necessary for a 
monitor to determine that the monitor is not malfunctioning shall not, 
by itself, be sufficient to meet this criteria.
    (B) For monitors that require multiple stages or events in a single 
drive cycle to detect a malfunction, every monitoring condition 
necessary for all events to complete must be satisfied.
    (C) For monitors that require intrusive operation of components to 
detect a malfunction, a manufacturer must request approval of the 
strategy used to determine that, had a malfunction been present, the 
monitor would have detected the malfunction. Administrator approval of 
the request will be based on the equivalence of the strategy to actual 
intrusive operation and the ability of the strategy to determine 
accurately if every monitoring condition was satisfied that was 
necessary for the intrusive event to occur.
    (D) For the secondary air system monitor, the criteria in paragraphs 
(d)(3)(ii)(A) through (d)(3)(ii)(C) of this section are satisfied during 
normal operation of the secondary air system. Monitoring during 
intrusive operation of the secondary air system later in the same drive 
cycle for the sole purpose of monitoring shall not, by itself, be 
sufficient to meet these criteria.
    (iii) For monitors that can generate results in a ``gray zone'' or 
``non-detection zone'' (i.e., monitor results that indicate neither a 
properly operating system nor a malfunctioning system) or in a ``non-
decision zone'' (e.g., monitors that increment and decrement counters 
until a pass or fail threshold is reached), the numerator, in general, 
shall not be incremented when the monitor indicates a result in the 
``non-detection zone'' or prior to the monitor reaching a complete 
decision. When necessary, the Administrator will consider data and/or 
engineering analyses submitted by the manufacturer demonstrating the 
expected frequency of results in the ``non-detection zone'' and the 
ability of the monitor to determine accurately, had an actual 
malfunction been present, whether or not the monitor would have detected 
a malfunction instead of a result in the ``non-detection zone.''
    (iv) For monitors that run or complete their evaluation with the 
engine off, the numerator must be incremented either within 10 seconds 
of the monitor completing its evaluation in the engine off state, or 
during the first 10 seconds of engine start on the subsequent drive 
cycle.
    (v) Manufacturers that use alternative statistical MIL activation 
protocols as allowed in paragraph (b)(2)(iii) of this section for any of 
the monitors requiring a numerator, are required to increment the 
numerator(s) appropriately. The manufacturer may be required to provide 
supporting data and/or engineering analyses demonstrating both the 
equivalence of their incrementing approach to the incrementing specified 
in this paragraph (d)(3) for monitors using the standard

[[Page 253]]

MIL activation protocol, and the overall equivalence of the incrementing 
approach in determining that the minimum acceptable in-use performance 
ratio of paragraph (d)(1)(ii) of this section, if applicable, has been 
satisfied.
    (4) Specifications for incrementing the denominator. (i) The 
denominator, when incremented, must be incremented by an integer of one. 
The denominator shall not be incremented more than once per drive cycle.
    (ii) The denominator for each monitor must be incremented within 10 
seconds if and only if the following criteria are satisfied on a single 
drive cycle:
    (A) Cumulative time since the start of the drive cycle is greater 
than or equal to 600 seconds while at an elevation of less than 8,000 
feet (2,400 meters) above sea level and at an ambient temperature of 
greater than or equal to 20 degrees Fahrenheit (-7 C);
    (B) Cumulative gasoline engine operation at or above 25 miles per 
hour or diesel engine operation at or above 1,150 rotations per minute 
(diesel engines may use the gasoline criterion for 2010 through 2012 
model years), either of which occurs for greater than or equal to 300 
seconds while at an elevation of less than 8,000 feet (2,400 meters) 
above sea level and at an ambient temperature of greater than or equal 
to 20 degrees Fahrenheit (-7 C); and,
    (C) Continuous engine operation at idle (e.g., accelerator pedal 
released by driver and engine speed less than or equal to 200 rpm above 
normal warmed-up idle (as determined in the drive position for vehicles 
equipped with an automatic transmission) or vehicle speed less than or 
equal to one mile per hour) for greater than or equal to 30 seconds 
while at an elevation of less than 8,000 feet (2,400 meters) above sea 
level and at an ambient temperature of greater than or equal to 20 
degrees Fahrenheit (-7 C).
    (iii) In addition to the requirements of paragraph (d)(4)(ii) of 
this section, the evaporative system monitor denominator(s) may be 
incremented if and only if:
    (A) Cumulative time since the start of the drive cycle is greater 
than or equal to 600 seconds while at an ambient temperature of greater 
than or equal to 40 degrees Fahrenheit (4 C) but less than or equal to 
95 degrees Fahrenheit (35 C); and,
    (B) Engine cold start occurs with the engine coolant temperature 
greater than or equal to 40 degrees Fahrenheit (4 C) but less than or 
equal to 95 degrees Fahrenheit (35 C) and less than or equal to 12 
degrees Fahrenheit (7 C) higher than the ambient temperature.
    (iv) In addition to the requirements of paragraph (d)(4)(ii) of this 
section, the denominator(s) for the following monitors may be 
incremented if and only if the component or strategy is commanded ``on'' 
for a cumulative time greater than or equal to 10 seconds. For purposes 
of determining this commanded ``on'' time, the OBD system shall not 
include time during intrusive operation of any of the components or 
strategies that occurs later in the same drive cycle for the sole 
purpose of monitoring.
    (A) Secondary air system (paragraph (h)(5) of this section).
    (B) Cold start emission reduction strategy (paragraph (h)(4) of this 
section).
    (C) Components or systems that operate only at engine start-up 
(e.g., glow plugs, intake air heaters) and are subject to monitoring 
under ``other emission control systems'' (paragraph (i)(4) of this 
section) or comprehensive component output components (paragraph 
(i)(3)(iii) of this section).
    (v) In addition to the requirements of paragraph (d)(4)(ii) of this 
section, the denominator(s) for the following monitors of output 
components (except those operated only at engine start-up and subject to 
the requirements of paragraph (d)(4)(iv) of this section, may be 
incremented if and only if the component is commanded to function (e.g., 
commanded ``on'', ``opened'', ``closed'', ``locked'') on two or more 
occasions during the drive cycle or for a cumulative time greater than 
or equal to 10 seconds, whichever occurs first:
    (A) Variable valve timing and/or control system (paragraph (g)(10) 
of this section or (h)(9) of this section).
    (B) ``Other emission control systems'' (paragraph (i)(4) of this 
section).

[[Page 254]]

    (C) Comprehensive component output component (paragraph (i)(3) of 
this section) (e.g., turbocharger waste-gates, variable length manifold 
runners).
    (vi) For monitors of the following components, the manufacturer may 
use alternative or additional criteria for incrementing the denominator 
to that set forth in paragraph (d)(4)(ii) of this section. To do so, the 
alternative criteria must be based on equivalence to the criteria of 
paragraph (d)(4)(ii) of this section in measuring the frequency of 
monitor operation relative to the amount of engine operation:
    (A) Engine cooling system input components (paragraph (i)(1) of this 
section).
    (B) ``Other emission control systems'' (paragraph (i)(4) of this 
section).
    (C) Comprehensive component input components that require extended 
monitoring evaluation (paragraph (i)(3) of this section) (e.g., stuck 
fuel level sensor rationality).
    (D) Comprehensive component input component temperature sensor 
rationality monitors (paragraph (i)(3) of this section) (e.g., intake 
air temperature sensor, ambient temperature sensor, fuel temperature 
sensor).
    (E) Diesel particulate filter (DPF) frequent regeneration (paragraph 
(g)(8)(ii)(B) of this section).
    (vii) For monitors of the following components or other emission 
controls that experience infrequent regeneration events, the 
manufacturer may use alternative or additional criteria for incrementing 
the denominator to that set forth in paragraph (d)(4)(ii) of this 
section. To do so, the alternative criteria must be based on equivalence 
to the criteria of paragraph (d)(4)(ii) of this section in measuring the 
frequency of monitor operation relative to the amount of engine 
operation:
    (A) NMHC converting catalyst (paragraph (g)(5) of this section).
    (B) Diesel particulate filter (DPF) (paragraphs (g)(8)(ii)(A) and 
(g)(8)(ii)(D) of this section).
    (viii) In addition to the requirements of paragraph (d)(4)(ii) of 
this section, the denominator(s) for the following monitors shall be 
incremented if and only if a regeneration event is commanded for a time 
greater than or equal to 10 seconds:
    (A) DPF incomplete regeneration (paragraph (g)(8)(ii)(C) of this 
section).
    (B) DPF active/intrusive injection (paragraph (g)(8)(ii)(E) of this 
section).
    (ix) For hybrids that employ alternative engine start hardware or 
strategies (e.g., integrated starter and generators), or alternative 
fuel vehicles (e.g., dedicated, bi-fuel, or dual-fuel applications), the 
manufacturer may use alternative criteria for incrementing the 
denominator to that set forth in paragraph (d)(4)(ii) of this section. 
In general, the Administrator will not approve alternative criteria for 
those hybrids that employ engine shut off only at or near idle and/or 
vehicle stop conditions. To use alternative criteria, the alternative 
criteria must be based on the equivalence to the criteria of paragraph 
(d)(4)(ii) of this section in measuring the amount of vehicle operation 
relative to the measure of conventional vehicle operation.
    (5) Disablement of numerators and denominators. (i) Within 10 
seconds of detecting a malfunction (i.e., a pending or a MIL-on DTC has 
been stored) that disables a monitor for which the monitoring conditions 
in paragraph (d) of this section must be met, the OBD system must stop 
incrementing the numerator and denominator for any monitor that may be 
disabled as a consequence of the detected malfunction. Within 10 seconds 
of the time at which the malfunction is no longer being detected (e.g., 
the pending DTC is erased through OBD system self-clearing or through a 
scan tool command), incrementing of all applicable numerators and 
denominators must resume.
    (ii) Within 10 seconds of the start of a power take-off unit (e.g., 
dump bed, snow plow blade, or aerial bucket, etc.) that disables a 
monitor for which the monitoring conditions in paragraph (d) of this 
section must be met, the OBD system must stop incrementing the numerator 
and denominator for any monitor that may be disabled as a consequence of 
power take-off operation. Within 10 seconds of the time at which the 
power take-off operation ends, incrementing of all applicable numerators 
and denominators must resume.
    (iii) Within 10 seconds of detecting a malfunction (i.e., a pending 
or a MIL-

[[Page 255]]

on DTC has been stored) of any component used to determine if the 
criteria of paragraphs (d)(4)(ii) and (d)(4)(iii) of this section are 
satisfied, the OBD system must stop incrementing all applicable 
numerators and denominators. Within 10 seconds of the time at which the 
malfunction is no longer being detected (e.g., the pending DTC is erased 
through OBD system self-clearing or through a scan tool command), 
incrementing of all applicable numerators and denominators must resume.
    (e) Standardized tracking and reporting of in-use monitor 
performance--(1) General. For monitors required to track and report in-
use monitor performance according to paragraph (d) of this section, the 
performance data must be tracked and reported in accordance with the 
specifications in paragraphs (d)(2), (e), and (k)(5) of this section. 
The OBD system must separately report an in-use monitor performance 
numerator and denominator for each of the following components:
    (i) For diesel engines, NMHC catalyst bank 1, NMHC catalyst bank 2, 
NOX catalyst bank 1, NOX catalyst bank 2, exhaust 
gas sensor bank 1, exhaust gas sensor bank 2, EGR/VVT system, DPF, boost 
pressure control system, and NOX adsorber. The OBD system 
must also report a general denominator and an ignition cycle counter in 
the standardized format specified in paragraphs (e)(5), (e)(6), and 
(k)(5) of this section.
    (ii) For gasoline engines, catalyst bank 1, catalyst bank 2, exhaust 
gas sensor bank 1, exhaust gas sensor bank 2, evaporative leak detection 
system, EGR/VVT system, and secondary air system. The OBD system must 
also report a general denominator and an ignition cycle counter in the 
standardized format specified in paragraphs (e)(5), (e)(6), and (k)(5) 
of this section.
    (iii) For specific components or systems that have multiple monitors 
that are required to be reported under paragraphs (g) and (h) of this 
section (e.g., exhaust gas sensor bank 1 may have multiple monitors for 
sensor response or other sensor characteristics), the OBD system must 
separately track numerators and denominators for each of the specific 
monitors and report only the corresponding numerator and denominator for 
the specific monitor that has the lowest numerical ratio. If two or more 
specific monitors have identical ratios, the corresponding numerator and 
denominator for the specific monitor that has the highest denominator 
must be reported for the specific component.
    (2) Numerator. (i) The OBD system must report a separate numerator 
for each of the applicable components listed in paragraph (e)(1) of this 
section.
    (ii) The numerator(s) must be reported in accordance with the 
specifications in paragraph (k)(5)(ii) of this section.
    (3) Denominator. (i) The OBD system must report a separate 
denominator for each of the applicable components listed in paragraph 
(e)(1) of this section.
    (ii) The denominator(s) must be reported in accordance with the 
specifications in paragraph (k)(5)(ii) of this section.
    (4) Monitor performance ratio. For purposes of determining which 
corresponding numerator and denominator to report as required in 
paragraph (e)(1)(iii) of this section, the ratio must be calculated in 
accordance with the specifications in paragraph (k)(5)(iii) of this 
section.
    (5) Ignition cycle counter. (i) The ignition cycle counter is 
defined as a counter that indicates the number of ignition cycles a 
vehicle has experienced according to the specifications of paragraph 
(e)(5)(ii)(B) of this section. The ignition cycle counter must be 
reported in accordance with the specifications in paragraph (k)(5)(ii) 
of this section.
    (ii) The ignition cycle counter must be incremented as follows:
    (A) The ignition cycle counter, when incremented, must be 
incremented by an integer of one. The ignition cycle counter shall not 
be incremented more than once per ignition cycle.
    (B) The ignition cycle counter must be incremented within 10 seconds 
if and only if the engine exceeds an engine speed of 50 to 150 rpm below 
the normal, warmed-up idle speed (as determined in the drive position 
for engines paired with an automatic transmission) for at least two 
seconds plus or minus one second.
    (iii) Within 10 seconds of detecting a malfunction (i.e., a pending 
or a MIL-

[[Page 256]]

on DTC has been stored) of any component used to determine if the 
criteria in paragraph (e)(5)(ii)(B) of this section are satisfied (i.e., 
engine speed or time of operation), the OBD system must stop 
incrementing the ignition cycle counter. Incrementing of the ignition 
cycle counter shall not be stopped for any other condition. Within 10 
seconds of the time at which the malfunction is no longer being detected 
(e.g., the pending DTC is erased through OBD system self-clearing or 
through a scan tool command), incrementing of the ignition cycle counter 
must resume.
    (6) General denominator. (i) The general denominator is defined as a 
measure of the number of times an engine has been operated according to 
the specifications of paragraph (e)(6)(ii)(B) of this section. The 
general denominator must be reported in accordance with the 
specifications in paragraph (k)(5)(ii) of this section.
    (ii) The general denominator must be incremented as follows:
    (A) The general denominator, when incremented, must be incremented 
by an integer of one. The general denominator shall not be incremented 
more than once per drive cycle.
    (B) The general denominator must be incremented within 10 seconds if 
and only if the criteria identified in paragraph (d)(4)(ii) of this 
section are satisfied on a single drive cycle.
    (C) Within 10 seconds of detecting a malfunction (i.e., a pending or 
a MIL-on DTC has been stored) of any component used to determine if the 
criteria in paragraph (d)(4)(ii) of this section are satisfied (i.e., 
vehicle speed/load, ambient temperature, elevation, idle operation, or 
time of operation), the OBD system must stop incrementing the general 
denominator. Incrementing of the general denominator shall not be 
stopped for any other condition (e.g., the disablement criteria in 
paragraphs (d)(5)(i) and (d)(5)(ii) of this section shall not disable 
the general denominator). Within 10 seconds of the time at which the 
malfunction is no longer being detected (e.g., the pending DTC is erased 
through OBD system self-clearing or through a scan tool command), 
incrementing of the general denominator must resume.
    (f) Malfunction criteria determination. (1) In determining the 
malfunction criteria for the diesel engine monitors required under 
paragraphs (g) and (i) of this section that are required to indicate a 
malfunction before emissions exceed an emission threshold based on any 
applicable standard, the manufacturer must:
    (i) Use the emission test cycle and standard (i.e., the transient 
FTP or the supplemental emissions test (SET)) determined by the 
manufacturer to provide the most effective monitoring conditions and 
robust monitor provided all other applicable requirements of this 
section are met.
    (ii) Identify in the certification documentation required under 
paragraph (m) of this section, the test cycle and standard determined by 
the manufacturer to be the most stringent for each applicable monitor 
and the most effective and robust for each applicable monitor.
    (iii) If the Administrator reasonably believes that a manufacturer 
has determined incorrectly the test cycle and standard that is most 
stringent or effective, the manufacturer must be able to provide 
emission data and/or engineering analysis supporting their choice of 
test cycle and standard.
    (2) On engines equipped with emission controls that experience 
infrequent regeneration events, a manufacturer need not adjust the 
emission test results that are used to determine the malfunction 
criteria for monitors that are required to indicate a malfunction before 
emissions exceed a certain emission threshold. For each such monitor, 
should the manufacturer choose to adjust the emission test results, the 
manufacturer must adjust the emission result as done in accordance with 
the provisions of Sec. 86.004-28(i) with the component for which the 
malfunction criteria are being established having been deteriorated to 
the malfunction threshold. The adjusted emission value must be used for 
purposes of determining whether or not the applicable emission threshold 
is exceeded.
    (i) For purposes of this paragraph (f)(2), regeneration means an 
event, by design, during which emissions levels change while the 
emission control performance is being restored.

[[Page 257]]

    (ii) For purposes of this paragraph (f)(2), infrequent means having 
an expected frequency of less than once per transient FTP cycle.
    (3) For gasoline engines, rather than meeting the malfunction 
criteria specified under paragraphs (h) and (i) of this section, the 
manufacturer may request approval to use an OBD system certified to the 
requirements of Sec. 86.007-17. To do so, the manufacturer must 
demonstrate use of good engineering judgment in determining equivalent 
malfunction detection criteria to those required in this section.
    (g) OBD monitoring requirements for diesel-fueled/compression-
ignition engines. The following table shows the thresholds at which 
point certain components or systems, as specified in this paragraph (g), 
are considered malfunctioning.

     Table 1--OBD Emissions Thresholds for Diesel-Fueled/Compression-Ignition Engines Meant for Placement in
                             Applications Greater Than 14,000 Pounds GVWR (g/bhp-hr)
----------------------------------------------------------------------------------------------------------------
                                                     Sec.
                   Component                      86.010-18       NMHC          CO          NOX           PM
                                                  reference
----------------------------------------------------------------------------------------------------------------
Model years 2010-2012:
    NOX aftertreatment system..................       (g)(6)         +0.6
                                                      (g)(7)
    Diesel particulate filter (DPF) system.....       (g)(8)         2.5x   0.05/+0.04
    Air-fuel ratio sensors upstream of                (g)(9)         2.5x         2.5x         +0.3   0.03/+0.02
     aftertreatment devices....................
    Air-fuel ratio sensors downstream of              (g)(9)         2.5x         +0.3   0.05/+0.04
     aftertreatment devices....................
    NOX sensors................................       (g)(9)         +0.6   0.05/+0.04
    ``Other monitors'' with emissions                 (g)(1)         2.5x         2.5x         +0.3   0.03/+0.02
     thresholds................................       (g)(3)
                                                      (g)(4)
                                                     (g)(10)
Model years 2013 and later:
    NOX aftertreatment system..................       (g)(6)         +0.3
                                                      (g)(7)
    Diesel particulate filter (DPF) system.....       (g)(8)           2x   0.05/+0.04
    Air-fuel ratio sensors upstream of                (g)(9)           2x           2x         +0.3   0.03/+0.02
     aftertreatment devices....................
    Air-fuel ratio sensors downstream of              (g)(9)           2x         +0.3   0.05/+0.04
     aftertreatment devices....................
    NOX sensors................................       (g)(9)         +0.3   0.05/+0.04
    ``Other monitors'' with emissions                 (g)(1)           2x           2x         +0.3  0.03/+0.02
     thresholds................................       (g)(2)
                                                      (g)(3)
                                                      (g)(4)
                                                     (g)(10)
----------------------------------------------------------------------------------------------------------------
Notes: FEL = Family Emissions Limit; 2.5x std means a multiple of 2.5 times the applicable emissions standard;
  +0.3 means the standard or FEL plus 0.3; 0.05/+0.04 means an absolute level of 0.05 or an additive level of
  the standard or FEL plus 0.04, whichever level is higher; these emissions thresholds apply to the monitoring
  requirements of paragraph (g) of this Sec.  86.010-18.

    (1) Fuel system monitoring--(i) General. The OBD system must monitor 
the fuel delivery system to verify that it is functioning properly. The 
individual electronic components (e.g., actuators, valves, sensors, 
pumps) that are used in the fuel system and are not specifically 
addressed in this paragraph (g)(1) must be monitored in accordance with 
the requirements of paragraph (i)(3) of this section.
    (ii) Fuel system malfunction criteria--(A) Fuel system pressure 
control. The OBD system must monitor the fuel system's ability to 
control to the desired fuel pressure. This monitoring must be done 
continuously unless new hardware has to be added, in which case the 
monitoring must be done at least once per drive cycle. The OBD system 
must detect a malfunction of the fuel system's pressure control system 
when the pressure control system is unable to maintain an engine's 
emissions at or below the emissions thresholds for ``other monitors'' as 
shown in Table 1 of this paragraph (g). For engines in which no failure 
or deterioration of the fuel system pressure control could result in an 
engine's emissions exceeding the applicable emissions thresholds, the 
OBD system must detect a malfunction when the system has reached its 
control limits such that the commanded

[[Page 258]]

fuel system pressure cannot be delivered. For model year 2010 to 2012 
engines with a unit injector fuel system, this requirement may be met by 
conducting a functional check of the fuel system pressure control in 
lieu of monitoring for conditions that could cause an engine's emissions 
to exceed the applicable emissions thresholds.
    (B) Fuel system injection quantity. The OBD system must detect a 
malfunction of the fuel injection system when the system is unable to 
deliver the commanded quantity of fuel necessary to maintain an engine's 
emissions at or below the emissions thresholds for ``other monitors'' as 
shown in Table 1 of this paragraph (g). For engines in which no failure 
or deterioration of the fuel injection quantity could result in an 
engine's emissions exceeding the applicable emissions thresholds, the 
OBD system must detect a malfunction when the system has reached its 
control limits such that the commanded fuel quantity cannot be 
delivered. For model year 2010 to 2012 engines with a unit injector fuel 
system, this requirement may be met by conducting a functional check of 
the fuel system injection quantity in lieu of monitoring for conditions 
that could cause an engine's emissions to exceed the applicable 
emissions thresholds.
    (C) Fuel system injection timing. The OBD system must detect a 
malfunction of the fuel injection system when the system is unable to 
deliver fuel at the proper crank angle/timing (e.g., injection timing 
too advanced or too retarded) necessary to maintain an engine's 
emissions at or below the emissions thresholds for ``other monitors'' as 
shown in Table 1 of this paragraph (g). For engines in which no failure 
or deterioration of the fuel injection timing could result in an 
engine's emissions exceeding the applicable emissions thresholds, the 
OBD system must detect a malfunction when the system has reached its 
control limits such that the commanded fuel injection timing cannot be 
achieved. For model year 2010 to 2012 engines with a unit injector fuel 
system, this requirement may be met by conducting a functional check of 
the fuel system injection timing in lieu of monitoring for conditions 
that could cause an engine's emissions to exceed the applicable 
emissions thresholds.
    (D) Combined Monitoring. For engines with a unit injector fuel 
system, the manufacturer may request Administrator approval to combine 
the malfunction criteria of paragraphs (g)(1)(ii)(A) through 
(g)(1)(ii)(C) of this section into one malfunction provided the 
manufacturer can demonstrate that the combined malfunction will satisfy 
the intent of each separate malfunction criteria. For engines with a 
common rail fuel system, the manufacturer may request Administrator 
approval to combine the malfunction criteria of paragraphs (g)(1)(ii)(B) 
through (g)(1)(ii)(C) of this section into one malfunction provided the 
manufacturer can demonstrate that the combined malfunction will satisfy 
the intent of each separate malfunction criteria.
    (E) Fuel system feedback control. See paragraph (i)(6) of this 
section.
    (iii) Fuel system monitoring conditions. (A) With the exceptions 
noted in this paragraph for unit injector systems, the OBD system must 
monitor continuously for malfunctions identified in paragraphs 
(g)(1)(ii)(A) and (g)(1)(ii)(E) of this section. For 2010 through 2012 
unit injector systems, where functional monitoring is done in lieu of 
emission threshold monitoring for malfunctions identified in paragraph 
(g)(1)(ii)(A) of this section, the manufacturer must define the 
monitoring conditions in accordance with paragraphs (c) and (d) of this 
section. For 2013 and later unit injector systems, the manufacturer must 
define the monitoring conditions for malfunctions identified in 
paragraph (g)(1)(ii)(A) of this section in accordance with paragraphs 
(c) and (d) of this section, with the exception that monitoring must 
occur every time the monitoring conditions are met during the drive 
cycle rather than once per drive cycle as required in paragraph (c)(2) 
of this section.
    (B) For 2010 through 2012, the manufacturer must define the 
monitoring conditions for malfunctions identified in paragraphs 
(g)(1)(ii)(B), (g)(1)(ii)(C), and (g)(1)(ii)(D) of this section in 
accordance with paragraphs (c) and (d) of this section. For 2013 and 
later, the

[[Page 259]]

manufacturer must define the monitoring conditions in accordance with 
paragraphs (c) and (d) of this section, with the exception that 
monitoring must occur every time the monitoring conditions are met 
during the drive cycle rather than once per drive cycle as required in 
paragraph (c)(2) of this section.
    (iv) Fuel system MIL activation and DTC storage. The MIL must 
activate and DTCs must be stored according to the provisions of 
paragraph (b) of this section.
    (2) Engine misfire monitoring--(i) General. The OBD system must 
monitor the engine for misfire causing excess emissions.
    (ii) Engine misfire malfunction criteria. (A) The OBD system must be 
capable of detecting misfire occurring in one or more cylinders. To the 
extent possible without adding hardware for this specific purpose, the 
OBD system must also identify the specific misfiring cylinder. If more 
than one cylinder is misfiring continuously, or if more than one but 
less than half of the cylinders are misfiring continuously (if the 
manufacturer can demonstrate the robustness of their monitor to the 
approval of the Administrator), a separate DTC must be stored indicating 
that multiple cylinders are misfiring. When identifying multiple 
cylinder misfire, the OBD system is not required to identify 
individually through separate DTCs each of the continuously misfiring 
cylinders.
    (B) For model years 2013 and later, on engines equipped with sensors 
that can detect combustion or combustion quality (e.g., for use in 
engines with homogeneous charge compression ignition (HCCI) control 
systems), the OBD system must detect a misfire malfunction causing 
emissions to exceed the applicable thresholds for ``other monitors'' 
shown in Table 1 of this paragraph (g). To determine what level of 
misfire would cause emissions to exceed the applicable emissions 
thresholds, the manufacturer must determine the percentage of misfire 
evaluated in 1,000 revolution increments that would cause emissions from 
an emission durability demonstration engine to exceed the emissions 
thresholds if the percentage of misfire were present from the beginning 
of the test. To establish this percentage of misfire, the manufacturer 
must use misfire events occurring at equally spaced, complete engine 
cycle intervals, across randomly selected cylinders throughout each 
1,000-revolution increment. If this percentage of misfire is determined 
to be lower than one percent, the manufacturer may set the malfunction 
criteria at one percent. Any misfire malfunction must be detected if the 
percentage of misfire established via this testing is exceeded 
regardless of the pattern of misfire events (e.g., random, equally 
spaced, continuous). The manufacturer may employ other revolution 
increments besides the 1,000 revolution increment. To do so, the 
manufacturer must demonstrate that the strategy is equally effective and 
timely in detecting misfire.
    (iii) Engine misfire monitoring conditions. (A) The OBD system must 
monitor for engine misfire during engine idle conditions at least once 
per drive cycle in which the monitoring conditions for misfire are met. 
The manufacturer must be able to demonstrate via engineering analysis 
and/or data that the self-defined monitoring conditions: are technically 
necessary to ensure robust detection of malfunctions (e.g., avoid false 
passes and false detection of malfunctions); require no more than 1000 
cumulative engine revolutions; and, do not require any single continuous 
idle operation of more than 15 seconds to make a determination that a 
malfunction is present (e.g., a decision can be made with data gathered 
during several idle operations of 15 seconds or less); or, satisfy the 
requirements of paragraph (c) of this section with alternative engine 
operating conditions.
    (B) Manufacturers may employ alternative monitoring conditions 
(e.g., off-idle) provided the manufacturer is able to demonstrate that 
the alternative monitoring ensure equivalent robust detection of 
malfunctions and equivalent timeliness in detection of malfunctions.
    (C) For model years 2013 and later, on engines equipped with sensors 
that can detect combustion or combustion quality the OBD system must 
monitor continuously for engine misfire under all positive torque engine 
speed and load

[[Page 260]]

conditions. If a monitoring system cannot detect all misfire patterns 
under all required engine speed and load conditions, the manufacturer 
may request that the Administrator approve the monitoring system 
nonetheless. In evaluating the manufacturer's request, the Administrator 
will consider the following factors: the magnitude of the region(s) in 
which misfire detection is limited; the degree to which misfire 
detection is limited in the region(s) (i.e., the probability of 
detection of misfire events); the frequency with which said region(s) 
are expected to be encountered in-use; the type of misfire patterns for 
which misfire detection is troublesome; and demonstration that the 
monitoring technology employed is not inherently incapable of detecting 
misfire under required conditions (i.e., compliance can be achieved on 
other engines). The evaluation will be based on the following misfire 
patterns: equally spaced misfire occurring on randomly selected 
cylinders; single cylinder continuous misfire; and, paired cylinder 
(cylinders firing at the same crank angle) continuous misfire.
    (iv) Engine misfire MIL activation and DTC storage. (A) General 
requirements for MIL activation and DTC storage are set forth in 
paragraph (b) of this section.
    (B) For model years 2013 and later, on engines equipped with sensors 
that can detect combustion or combustion quality, upon detection of the 
percentage of misfire specified in paragraph (g)(2)(ii)(B) of this 
section, the following criteria shall apply for MIL activation and DTC 
storage: A pending DTC must be stored no later than after the fourth 
exceedance of the percentage of misfire specified in paragraph 
(g)(2)(ii) of this section during a single drive cycle; if a pending 
fault code has been stored, the OBD system must activate the MIL and 
store a MIL-on DTC within 10 seconds if the percentage of misfire 
specified in paragraph (g)(2)(ii) of this section is again exceeded four 
times during the drive cycle immediately following storage of the 
pending DTC, regardless of the conditions encountered during the drive 
cycle, or on the next drive cycle in which similar conditions are 
encountered to those that were occurring when the pending DTC was 
stored. Similar conditions means an engine speed within 375 rpm, engine 
load within 20 percent, and the same warm up status (i.e., cold or hot). 
The Administrator may approve other definitions of similar conditions 
based on comparable timeliness and reliability in detecting similar 
engine operation. The pending DTC may be erased at the end of the next 
drive cycle in which similar conditions are encountered to those that 
were occurring when the pending DTC was stored provided the specified 
percentage of misfire was not again exceeded. The pending DTC may also 
be erased if similar conditions are not encountered during the 80 drive 
cycles immediately following initial detection of the malfunction.
    (C) For model years 2013 and later, on engines equipped with sensors 
that can detect combustion or combustion quality, the OBD system must 
store and erase freeze frame conditions either in conjunction with 
storing and erasing a pending DTC or in conjunction with storing and 
erasing a MIL-on DTC. If freeze frame conditions are stored for a 
malfunction other than a misfire malfunction when a DTC is stored as 
specified in paragraph (g)(2)(iv)(B) of this section, the stored freeze 
frame information must be replaced with the freeze frame information 
regarding the misfire malfunction.
    (D) For model years 2013 and later, on engines equipped with sensors 
that can detect combustion or combustion quality, upon detection of 
misfire according to paragraph (g)(2)(iv)(B) of this section, the OBD 
system must also store the following engine conditions: engine speed, 
load, and warm up status of the first misfire event that resulted in the 
storage of the pending DTC.
    (E) For model years 2013 and later, on engines equipped with sensors 
that can detect combustion or combustion quality, the MIL may be 
deactivated after three sequential drive cycles in which similar 
conditions have been encountered without an exceedance of the specified 
percentage of misfire.
    (3) EGR system monitoring--(i) General. The OBD system must monitor 
the EGR system on engines so equipped for low flow rate, high flow rate, 
and slow response malfunctions. For engines

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equipped with EGR coolers (e.g., heat exchangers), the OBD system must 
monitor the cooler for insufficient cooling malfunctions. The individual 
electronic components (e.g., actuators, valves, sensors) that are used 
in the EGR system must be monitored in accordance with the comprehensive 
component requirements in paragraph (i)(3) of this section.
    (ii) EGR system malfunction criteria--(A) EGR low flow. The OBD 
system must detect a malfunction of the EGR system prior to a decrease 
from the manufacturer's specified EGR flow rate that would cause an 
engine's emissions to exceed the emissions thresholds for ``other 
monitors'' as shown in Table 1 of this paragraph (g). For engines in 
which no failure or deterioration of the EGR system that causes a 
decrease in flow could result in an engine's emissions exceeding the 
applicable emissions thresholds, the OBD system must detect a 
malfunction when the system has reached its control limits such that it 
cannot increase EGR flow to achieve the commanded flow rate.
    (B) EGR high flow. The OBD system must detect a malfunction of the 
EGR system, including a leaking EGR valve (i.e., exhaust gas flowing 
through the valve when the valve is commanded closed) prior to an 
increase from the manufacturer's specified EGR flow rate that would 
cause an engine's emissions to exceed the emissions thresholds for 
``other monitors'' as shown in Table 1 of this paragraph (g). For 
engines in which no failure or deterioration of the EGR system that 
causes an increase in flow could result in an engine's emissions 
exceeding the applicable emissions thresholds, the OBD system must 
detect a malfunction when the system has reached its control limits such 
that it cannot reduce EGR flow to achieve the commanded flow rate.
    (C) EGR slow response. The OBD system must detect a malfunction of 
the EGR system prior to any failure or deterioration in the capability 
of the EGR system to achieve the commanded flow rate within a 
manufacturer-specified time that would cause an engine's emissions to 
exceed the emissions thresholds for ``other monitors'' as shown in Table 
1 of this paragraph (g). The OBD system must monitor both the capability 
of the EGR system to respond to a commanded increase in flow and the 
capability of the EGR system to respond to a commanded decrease in flow.
    (D) EGR system feedback control. See paragraph (i)(6) of this 
section.
    (E) EGR cooler performance. The OBD system must detect a malfunction 
of the EGR cooler prior to a reduction from the manufacturer's specified 
cooling performance that would cause an engine's emissions to exceed the 
emissions thresholds for ``other monitors'' as shown in Table 1 of this 
paragraph (g). For engines in which no failure or deterioration of the 
EGR cooler could result in an engine's emissions exceeding the 
applicable emissions thresholds, the OBD system must detect a 
malfunction when the system has no detectable amount of EGR cooling.
    (iii) EGR system monitoring conditions. (A) The OBD system must 
monitor continuously for malfunctions identified in paragraphs 
(g)(3)(ii)(A), (g)(3)(ii)(B), and (g)(3)(ii)(D) of this section.
    (B) The manufacturer must define the monitoring conditions for 
malfunctions identified in paragraph (g)(3)(ii)(C) of this section in 
accordance with paragraphs (c) and (d) of this section, with the 
exception that monitoring must occur every time the monitoring 
conditions are met during the drive cycle rather than once per drive 
cycle as required in paragraph (c)(2) of this section. For purposes of 
tracking and reporting as required in paragraph (d)(1) of this section, 
all monitors used to detect malfunctions identified in paragraph 
(g)(3)(ii)(C) of this section must be tracked separately but reported as 
a single set of values as specified in paragraph (e)(1)(iii) of this 
section.
    (C) The manufacturer must define the monitoring conditions for 
malfunctions identified in paragraph (g)(3)(ii)(E) of this section in 
accordance with paragraphs (c) and (d) of this section. For purposes of 
tracking and reporting as required in paragraph (d)(1) of this section, 
all monitors used to detect malfunctions identified in paragraph 
(g)(3)(ii)(E) of this section

[[Page 262]]

must be tracked separately but reported as a single set of values as 
specified in paragraph (e)(1)(iii) of this section.
    (D) The manufacturer may request Administrator approval to disable 
temporarily the EGR system monitor(s) under specific ambient conditions 
(e.g., when freezing may affect performance of the system) or during 
specific operating conditions (e.g., transients, extreme low or high 
flow conditions). The manufacturer must be able to demonstrate via data 
or engineering analysis that a reliable system monitor cannot be run 
when these conditions exist because it cannot robustly distinguish 
between a malfunctioning system and a properly operating system. The 
manufacturer is still required to maintain comprehensive component 
monitoring as required in paragraph (i)(3) of this section.
    (iv) EGR system MIL activation and DTC storage. The MIL must 
activate and DTCs must be stored according to the provisions of 
paragraph (b) of this section.
    (4) Turbo boost control system monitoring--(i) General. The OBD 
system must monitor the boost pressure control system (e.g., 
turbocharger) on engines so equipped for under and over boost 
malfunctions. For engines equipped with variable geometry turbochargers 
(VGT), the OBD system must monitor the VGT system for slow response 
malfunctions. For engines equipped with charge air cooler systems, the 
OBD system must monitor the charge air cooler system for cooling system 
performance malfunctions. The individual electronic components (e.g., 
actuators, valves, sensors) that are used in the boost pressure control 
system must be monitored in accordance with the comprehensive component 
requirements in paragraph (i)(3) of this section.
    (ii) Turbo boost control system malfunction criteria--(A) Turbo 
underboost. The OBD system must detect a malfunction of the boost 
pressure control system prior to a decrease from the manufacturer's 
commanded boost pressure, or expected boost pressure on engines not 
equipped with a boost pressure control system, that would cause an 
engine's emissions to exceed the emissions thresholds for ``other 
monitors'' as shown in Table 1 of this paragraph (g). For engines in 
which no failure or deterioration of the boost pressure control system 
that causes a decrease in boost could result in an engine's emissions 
exceeding the applicable emissions thresholds, the OBD system must 
detect a malfunction when the system has reached its control limits such 
that it cannot increase boost to achieve the commanded boost pressure.
    (B) Turbo overboost. The OBD system must detect a malfunction of the 
boost pressure control system on engines so equipped prior to an 
increase from the manufacturer's commanded boost pressure that would 
cause an engine's emissions to exceed the emissions thresholds for 
``other monitors'' as shown in Table 1 of this paragraph (g). For 
engines in which no failure or deterioration of the boost pressure 
control system that causes an increase in boost could result in an 
engine's emissions exceeding the applicable emissions thresholds, the 
OBD system must detect a malfunction when the system has reached its 
control limits such that it cannot decrease boost to achieve the 
commanded boost pressure.
    (C) VGT slow response. The OBD system must detect a malfunction 
prior to any failure or deterioration in the capability of the VGT 
system on engines so equipped to achieve the commanded turbocharger 
geometry within a manufacturer-specified time that would cause an 
engine's emissions to exceed the emissions thresholds for ``other 
monitors'' as shown in Table 1 of this paragraph (g). For engines in 
which no failure or deterioration of the VGT system response could 
result in an engine's emissions exceeding the applicable emissions 
thresholds, the OBD system must detect a malfunction of the VGT system 
when proper functional response of the system to computer commands does 
not occur.
    (D) Turbo boost feedback control. See paragraph (i)(6)of this 
section.
    (E) Charge air undercooling. The OBD system must detect a 
malfunction of the charge air cooling system prior to a decrease from 
the manufacturer's specified cooling rate that would cause an engine's 
emissions to exceed the

[[Page 263]]

emissions thresholds for ``other monitors'' as shown in Table 1 of this 
paragraph (g). For engines in which no failure or deterioration of the 
charge air cooling system that causes a decrease in cooling performance 
could result in an engine's emissions exceeding the applicable emissions 
thresholds, the OBD system must detect a malfunction when the system has 
no detectable amount of charge air cooling.
    (iii) Turbo boost monitoring conditions. (A) The OBD system must 
monitor continuously for malfunctions identified in paragraphs 
(g)(4)(ii)(A), (g)(4)(ii)(B), and (g)(4)(ii)(D) of this section.
    (B) The manufacturer must define the monitoring conditions for 
malfunctions identified in paragraph (g)(4)(ii)(C) of this section in 
accordance with paragraphs (c) and (d) of this section, with the 
exception that monitoring must occur every time the monitoring 
conditions are met during the drive cycle rather than once per drive 
cycle as required in paragraph (c)(2) of this section. For purposes of 
tracking and reporting as required in paragraph (d)(1) of this section, 
all monitors used to detect malfunctions identified in paragraph 
(g)(4)(ii)(C) of this section must be tracked separately but reported as 
a single set of values as specified in paragraph (e)(1)(iii) of this 
section.
    (C) The manufacturer must define the monitoring conditions for 
malfunctions identified in paragraph (g)(4)(ii)(E) of this section in 
accordance with paragraphs (c) and (d) of this section. For purposes of 
tracking and reporting as required in paragraph (d)(1) of this section, 
all monitors used to detect malfunctions identified in paragraph 
(g)(4)(ii)(E) of this section must be tracked separately but reported as 
a single set of values as specified in paragraph (e)(1)(iii) of this 
section.
    (D) The manufacturer may request Administrator approval to disable 
temporarily the turbo boost system monitor(s) during specific operating 
conditions (e.g., transients, extreme low or high flow conditions). The 
manufacturer must be able to demonstrate via data or engineering 
analysis that a reliable system monitor cannot be run when these 
conditions exist because it cannot robustly distinguish between a 
malfunctioning system and a properly operating system. The manufacturer 
is still required to maintain comprehensive component monitoring as 
required in paragraph (i)(3) of this section.
    (iv) Turbo boost system MIL activation and DTC storage. The MIL must 
activate and DTCs must be stored according to the provisions of 
paragraph (b) of this section.
    (5) NMHC converting catalyst monitoring--(i) General. The OBD system 
must monitor the NMHC converting catalyst(s) for proper NMHC conversion 
capability. For purposes of this paragraph (g)(5), each catalyst that 
converts NMHC must be monitored either individually or in combination 
with others. For purposes of this paragraph (g)(5), NMHC conversion that 
may occur over the DPF or other aftertreatment devices is not included.
    (ii) NMHC converting catalyst malfunction criteria--(A) NMHC 
converting catalyst conversion efficiency. The OBD system must detect a 
malfunction when the catalyst has no detectable amount of NMHC 
conversion capability.
    (B) NMHC converting catalyst aftertreatment assistance functions. 
For catalysts used to generate an exotherm to assist DPF regeneration, 
the OBD system must detect a malfunction when the catalyst is unable to 
generate a sufficient exotherm to achieve DPF regeneration. In meeting 
this requirement, the OBD system must detect a malfunction when the DOC 
is unable to generate a temperature rise of 100 degrees C, or to reach 
the necessary DPF regeneration temperature, within 60 seconds of 
initiating an active DPF regeneration. Further, the OBD system must 
detect a malfunction when the DOC is unable to sustain the necessary 
regeneration temperature for the duration of the regeneration event. The 
OBD or control system must abort the regeneration if the regeneration 
temperature has not been reached within five minutes of initiating an 
active regeneration event, or if the regeneration temperature cannot be 
sustained for the duration of the regeneration event. As an alternative 
to these specific malfunction criteria, the manufacturer may employ 
different criteria. To do

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so, the manufacturer must submit a description with supporting data, 
subject to Administrator approval, of their DPF regeneration monitoring 
strategy. The Administrator will consider the strategy's equivalence to 
the specific criteria stated in this paragraph when considering the 
request. Also as an alternative to these specific malfunction criteria, 
the manufacturer may employ an OBD monitor that detects a catalyst 
malfunction when the catalyst conversion capability decreases to the 
point that NMHC emissions exceed 2.5 times the applicable NMHC emission 
standard but must adjust emission test results pursuant to paragraph 
(f)(2) of this section. For catalysts located downstream of a DPF and 
used to convert NMHC emissions during DPF regeneration, the OBD system 
must detect a malfunction when the catalyst has no detectable amount of 
NMHC conversion capability unless the manufacturer can demonstrate that 
deterioration or malfunction of the catalyst will not result in 
emissions that exceed the applicable NMHC standard.
    (iii) NMHC converting catalyst monitoring conditions. The 
manufacturer must define the monitoring conditions for malfunctions 
identified in paragraphs (g)(5)(ii)(A) and (g)(5)(ii)(B) of this section 
in accordance with paragraphs (c) and (d) of this section. For purposes 
of tracking and reporting as required in paragraph (d)(1) of this 
section, all monitors used to detect malfunctions identified in 
paragraphs (g)(5)(ii)(A) and (g)(5)(ii)(B) of this section must be 
tracked separately but reported as a single set of values as specified 
in paragraph (e)(1)(iii) of this section.
    (iv) NMHC converting catalyst MIL activation and DTC storage. The 
MIL must activate and DTCs must be stored according to the provisions of 
paragraph (b) of this section. The monitoring method for the NMHC 
converting catalyst(s) must be capable of detecting all instances, 
except diagnostic self-clearing, when a catalyst DTC has been erased but 
the catalyst has not been replaced (e.g., catalyst over-temperature 
histogram approaches are not acceptable).
    (6) Selective catalytic reduction (SCR) and lean NOX 
catalyst monitoring--(i) General. The OBD system must monitor the SCR 
and/or the lean NOX converting catalyst(s) for proper 
conversion capability. For engines equipped with SCR systems or other 
catalyst systems that use an active/intrusive reductant injection (e.g., 
active lean NOX catalysts that use diesel fuel post-injection 
or in-exhaust injection), the OBD system must monitor the active/
intrusive reductant injection system for proper performance. The 
individual electronic components (e.g., actuators, valves, sensors, 
heaters, pumps) in the active/intrusive reductant injection system must 
be monitored in accordance with the comprehensive component requirements 
in paragraph (i)(3) of this section. For purposes of this paragraph 
(g)(6), each catalyst that converts NOX must be monitored 
either individually or in combination with others.
    (ii) SCR and lean NOX catalyst malfunction criteria--(A) 
SCR and lean NOX catalyst conversion efficiency. The OBD 
system must detect a catalyst malfunction when the catalyst conversion 
capability decreases to the point that would cause an engine's emissions 
to exceed the emissions thresholds for NOX aftertreatment 
systems as shown in Table 1 of this paragraph (g). If no failure or 
deterioration of the catalyst NOX conversion capability could 
result in an engine's emissions exceeding any of the applicable 
emissions thresholds, the OBD system must detect a malfunction when the 
catalyst has no detectable amount of NOX conversion 
capability.
    (B) SCR and lean NOX catalyst active/intrusive reductant 
delivery performance. The OBD system must detect a malfunction prior to 
any failure or deterioration of the system to properly regulate 
reductant delivery (e.g., urea injection, separate injector fuel 
injection, post injection of fuel, air assisted injection/mixing) that 
would cause an engine's emissions to exceed any of the applicable 
emissions thresholds for NOX aftertreatment systems as shown 
in Table 1 of this paragraph (g). If no failure or deterioration of the 
reductant delivery system could result in an engine's emissions 
exceeding any of the applicable thresholds, the OBD system must detect a 
malfunction when the

[[Page 265]]

system has reached its control limits such that it is no longer able to 
deliver the desired quantity of reductant.
    (C) SCR and lean NOX catalyst active/intrusive reductant 
quantity. If the SCR or lean NOX catalyst system uses a 
reductant other than the fuel used for the engine, or uses a reservoir/
tank for the reductant that is separate from the fuel tank used for the 
engine, the OBD system must detect a malfunction when there is no longer 
sufficient reductant available (e.g., the reductant tank is empty).
    (D) SCR and lean NOX catalyst active/intrusive reductant 
quality. If the SCR or lean NOX catalyst system uses a 
reservoir/tank for the reductant that is separate from the fuel tank 
used for the engine, the OBD system must detect a malfunction when an 
improper reductant is used in the reductant reservoir/tank (e.g., the 
reductant tank is filled with something other than the reductant).
    (E) SCR and lean NOX catalyst active/intrusive reductant 
feedback control. See paragraph (i)(6) of this section.
    (iii) SCR and lean NOX catalyst monitoring conditions. 
(A) The manufacturers must define the monitoring conditions for 
malfunctions identified in paragraphs (g)(6)(ii)(A) and (g)(6)(ii)(D) of 
this section in accordance with paragraphs (c) and (d) of this section. 
For purposes of tracking and reporting as required in paragraph (d)(1) 
of this section, all monitors used to detect malfunctions identified in 
paragraph (g)(6)(ii)(A) of this section must be tracked separately but 
reported as a single set of values as specified in paragraph (e)(1)(iii) 
of this section.
    (B) The OBD system must monitor continuously for malfunctions 
identified in paragraphs (g)(6)(ii)(B), (g)(6)(ii)(C), and (g)(6)(ii)(E) 
of this section.
    (iv) SCR and lean NOX catalyst MIL activation and DTC 
storage. (A) For malfunctions identified in paragraph (g)(6)(ii)(A) of 
this section, the MIL must activate and DTCs must be stored according to 
the provisions of paragraph (b) of this section.
    (B) For malfunctions identified in paragraphs (g)(6)(ii)(B), 
(g)(6)(ii)(C), and (g)(6)(ii)(D) of this section, the manufacturer may 
delay activating the MIL if the vehicle is equipped with an alternative 
indicator for notifying the vehicle operator of the malfunction. The 
alternative indicator must be of sufficient illumination and be located 
such that it is readily visible to the vehicle operator under all 
lighting conditions. If the vehicle is not equipped with such an 
alternative indicator and the OBD MIL activates, the MIL may be 
immediately deactivated and the corresponding DTC(s) erased once the OBD 
system has verified that the reductant tank has been refilled properly 
and the MIL has not been activated for any other malfunction. The 
Administrator may approve other strategies that provide equivalent 
assurance that a vehicle operator would be promptly notified and that 
corrective action would be taken.
    (C) The monitoring method for the SCR and lean NOX 
catalyst(s) must be capable of detecting all instances, except 
diagnostic self-clearing, when a catalyst DTC(s) has been erased but the 
catalyst has not been replaced (e.g., catalyst over-temperature 
histogram approaches are not acceptable).
    (7) NOX adsorber system monitoring--(i) General. The OBD 
system must monitor the NOX adsorber on engines so-equipped 
for proper performance. For engines equipped with active/intrusive 
injection (e.g., in-exhaust fuel and/or air injection) to achieve 
desorption of the NOX adsorber, the OBD system must monitor 
the active/intrusive injection system for proper performance. The 
individual electronic components (e.g., injectors, valves, sensors) that 
are used in the active/intrusive injection system must be monitored in 
accordance with the comprehensive component requirements in paragraph 
(i)(3) of this section.
    (ii) NOX adsorber system malfunction criteria--(A) 
NOX adsorber system capability. The OBD system must detect a 
NOX adsorber malfunction when its capability (i.e., its 
combined adsorption and conversion capability) decreases to the point 
that would cause an engine's NOX emissions to exceed the 
emissions thresholds for NOX aftertreatment systems as shown 
in Table 1 of this paragraph (g). If no failure or deterioration of the 
NOX adsorber capability could

[[Page 266]]

result in an engine's NOX emissions exceeding the applicable 
emissions thresholds, the OBD system must detect a malfunction when the 
system has no detectable amount of NOX adsorber capability.
    (B) NOX adsorber system active/intrusive reductant 
delivery performance. For NOX adsorber systems that use 
active/intrusive injection (e.g., in-cylinder post fuel injection, in-
exhaust air-assisted fuel injection) to achieve desorption of the 
NOX adsorber, the OBD system must detect a malfunction if any 
failure or deterioration of the injection system's ability to properly 
regulate injection causes the system to be unable to achieve desorption 
of the NOX adsorber.
    (C) NOX adsorber system feedback control. Malfunction 
criteria for the NOX adsorber and the NOX adsorber 
active/instrusive reductant delivery system are contained in paragraph 
(i)(6) of this section.
    (iii) NOX adsorber system monitoring conditions. (A) The 
manufacturer must define the monitoring conditions for malfunctions 
identified in paragraph (g)(7)(ii)(A) of this section in accordance with 
paragraphs (c) and (d) of this section. For purposes of tracking and 
reporting as required in paragraph (d)(1) of this section, all monitors 
used to detect malfunctions identified in paragraph (g)(7)(ii)(A) of 
this section must be tracked separately but reported as a single set of 
values as specified in paragraph (e)(1)(iii) of this section.
    (B) The OBD system must monitor continuously for malfunctions 
identified in paragraphs (g)(7)(ii)(B) and (g)(7)(ii)(C) of this 
section.
    (iv) NOX adsorber system MIL activation and DTC storage. 
The MIL must activate and DTCs must be stored according to the 
provisions of paragraph (b) of this section.
    (8) Diesel particulate filter (DPF) system monitoring--(i) General. 
The OBD system must monitor the DPF on engines so-equipped for proper 
performance. For engines equipped with active regeneration systems that 
use an active/intrusive injection (e.g., in-exhaust fuel injection, in-
exhaust fuel/air burner), the OBD system must monitor the active/
intrusive injection system for proper performance. The individual 
electronic components (e.g., injectors, valves, sensors) that are used 
in the active/intrusive injection system must be monitored in accordance 
with the comprehensive component requirements in paragraph (i)(3) of 
this section.
    (ii) DPF system malfunction criteria--(A) DPF filtering performance. 
The OBD system must detect a malfunction prior to a decrease in the PM 
filtering capability of the DPF (e.g., cracking, melting, etc.) that 
would cause an engine's PM emissions to exceed the emissions thresholds 
for DPF systems as shown in Table 1 of this paragraph (g). If no failure 
or deterioration of the PM filtering performance could result in an 
engine's PM emissions exceeding the applicable emissions thresholds, the 
OBD system must detect a malfunction when no detectable amount of PM 
filtering occurs. As an alternative to a threshold monitor, the OBD 
system, on model year 2010 through 2012 engines only, can be designed to 
detect a malfunction based on a detectable decrease in the expected 
pressure drop across the DPF for a period of 5 seconds or more. The 
monitoring area for this alternative is determined using engine speed 
and load points defined in test cycles and procedures for the 
supplemental emissions test (SET) under Sec. 86.1360-2007. The 
monitoring area shall include all engine speed and load points greater 
than a region bounded by a line connecting mode numbers 2, 6, 3, and 13 
(i.e. A100, A75, B50, and C50). At engine speeds greater than ``speed 
C'', the monitor shall run whenever engine load is greater than 50%. For 
purposes of this paragraph, the detectable change in pressure drop is 
determined by operating the engine at the B50 engine speed and load 
point (as described in the SET test procedures), observing the pressure 
drop on a clean, nominal DPF, and multiplying the observed pressure drop 
by 0.5 or other factor supported by data and approved by the 
Administrator. The detectable change in pressure drop shall be reported 
in units of kilopascals (kPa). At time of certification, manufacturers 
shall provide the detectable change in pressure drop value along with 
OBD data stream parameters recorded with a clean DPF under the following 
nine engine speed/

[[Page 267]]

load operating points of the SET: A50, A75, A100, B50, B75, B100, C50, 
C75, and C100. The OBD data stream pararmeters to be reported are 
described in (k)(4)(ii) of this section and shall include the following: 
Engine speed; calculated load; air flow rate from mass air flow sensor 
(if so equipped); fuel rate; and DPF delta pressure.
    (B) DPF regeneration frequency. The OBD system must detect a 
malfunction when the DPF regeneration frequency increases from (i.e., 
occurs more often than) the manufacturer's specified regeneration 
frequency to a level such that it would cause an engine's NMHC emissions 
to exceed the emissions threshold for DPF systems as shown in Table 1 of 
this paragraph (g). If no such regeneration frequency exists that could 
cause NMHC emissions to exceed the applicable emission threshold, the 
OBD system must detect a malfunction when the DPF regeneration frequency 
exceeds the manufacturer's specified design limits for allowable 
regeneration frequency.
    (C) DPF incomplete regeneration. The OBD system must detect a 
regeneration malfunction when the DPF does not properly regenerate under 
manufacturer-defined conditions where regeneration is designed to occur.
    (D) DPF missing substrate. The OBD system must detect a malfunction 
if either the DPF substrate is completely destroyed, removed, or 
missing, or if the DPF assembly has been replaced with a muffler or 
straight pipe.
    (E) DPF system active/intrusive injection. For DPF systems that use 
active/intrusive injection (e.g., in-cylinder post fuel injection, in-
exhaust air-assisted fuel injection) to achieve regeneration of the DPF, 
the OBD system must detect a malfunction if any failure or deterioration 
of the injection system's ability to properly regulate injection causes 
the system to be unable to achieve regeneration of the DPF.
    (F) DPF regeneration feedback control. See paragraph (i)(6) of this 
section.
    (iii) DPF monitoring conditions. The manufacturer must define the 
monitoring conditions for malfunctions identified in paragraph 
(g)(8)(ii) of this section in accordance with paragraphs (c) and (d) of 
this section, with the exception that monitoring must occur every time 
the monitoring conditions are met during the drive cycle rather than 
once per drive cycle as required in paragraph (c)(2) of this section. 
For OBD systems designed to the alternative malfunction criteria of 
paragraph (g)(8)(ii)(A) of this section, the alternative DPF monitor 
shall run continuously whenever engine speed and load conditions are 
within the monitoring area described in paragraph (g)(8)(ii)(A). The OBD 
system may make a malfunction or potential malfunction determination 
during any successful monitoring event but shall include in the enable 
criteria of any subsequent monitoring events a confirmed successful and 
complete DPF regeneration. The subsequent monitoring events must be 
conducted within an operating period that ensures that the detected 
malfunction has not ``healed'' due to trapped particulates in the 
compromised portion of the DPF substrate. For purposes of tracking and 
reporting as required in paragraph (d)(1) of this section, all monitors 
used to detect malfunctions identified in paragraph (g)(8)(ii) of this 
section must be tracked separately but reported as a single set of 
values as specified in paragraph (e)(1)(iii) of this section.
    (iv)DPF system MIL activation and DTC storage. The MIL must activate 
and DTCs must be stored according to the provisions of paragraph (b) of 
this section.
    (9) Exhaust gas sensor and sensor heater monitoring--(i) General. 
The OBD system must monitor for proper output signal, activity, response 
rate, and any other parameter that can affect emissions, all exhaust gas 
sensors (e.g., oxygen, air-fuel ratio, NOX) used for emission 
control system feedback (e.g., EGR control/feedback, SCR control/
feedback, NOX adsorber control/feedback) and/or as a 
monitoring device. For engines equipped with heated exhaust gas sensors, 
the OBD system must monitor the heater for proper performance.
    (ii) Malfunction criteria for air-fuel ratio sensors located 
upstream of aftertreatment devices--(A)Sensor performance. The OBD 
system must detect a malfunction prior to any failure or

[[Page 268]]

deterioration of the sensor voltage, resistance, impedance, current, 
response rate, amplitude, offset, or other characteristic(s) that would 
cause an engine's emissions to exceed the emissions thresholds for 
``other monitors'' as shown in Table 1 of this paragraph (g).
    (B) Circuit integrity. The OBD system must detect malfunctions of 
the sensor related to a lack of circuit continuity or signal out-of-
range values.
    (C) Feedback function. The OBD system must detect a malfunction of 
the sensor if the emission control system (e.g., EGR, SCR, or 
NOX adsorber) is unable to use that sensor as a feedback 
input (e.g., causes limp-home or open-loop operation).
    (D) Monitoring function. To the extent feasible, the OBD system must 
detect a malfunction of the sensor when the sensor output voltage, 
resistance, impedance, current, amplitude, activity, offset, or other 
characteristics are no longer sufficient for use as an OBD system 
monitoring device (e.g., for catalyst, EGR, SCR, or NOX 
adsorber monitoring).
    (iii) Malfunction criteria for air-fuel ratio sensors located 
downstream of aftertreatment devices--(A) Sensor performance. The OBD 
system must detect a malfunction prior to any failure or deterioration 
of the sensor voltage, resistance, impedance, current, response rate, 
amplitude, offset, or other characteristic(s) that would cause an 
engine's emissions to exceed the emissions thresholds for air-fuel ratio 
sensors downstream of aftertreatment devices as shown in Table 1 of this 
paragraph (g).
    (B) Circuit integrity. The OBD system must detect malfunctions of 
the sensor related to a lack of circuit continuity or signal out-of-
range values.
    (C) Feedback function. The OBD system must detect a malfunction of 
the sensor if the emission control system (e.g., EGR, SCR, or 
NOX absorber) is unable to use that sensor as a feedback 
input (e.g., causes limp-home or open-loop operation).
    (D) Monitoring function. To the extent feasible, the OBD system must 
detect a malfunction of the sensor when the sensor output voltage, 
resistance, impedance, current, amplitude, activity, offset, or other 
characteristics are no longer sufficient for use as an OBD system 
monitoring device (e.g., for catalyst, EGR, SCR, or NOX 
absorber monitoring).
    (iv) Malfunction criteria for NOX sensors--(A) Sensor 
performance. The OBD system must detect a malfunction prior to any 
failure or deterioration of the sensor voltage, resistance, impedance, 
current, response rate, amplitude, offset, or other characteristic(s) 
that would cause an engine's emissions to exceed the emissions 
thresholds for NOX sensors as shown in Table 1 of this 
paragraph (g).
    (B) Circuit integrity. The OBD system must detect malfunctions of 
the sensor related to a lack of circuit continuity or signal out-of-
range values.
    (C) Feedback function. The OBD system must detect a malfunction of 
the sensor if the emission control system (e.g., EGR, SCR, or 
NOX adsorber) is unable to use that sensor as a feedback 
input (e.g., causes limp-home or open-loop operation).
    (D) Monitoring function. To the extent feasible, the OBD system must 
detect a malfunction of the sensor when the sensor output voltage, 
resistance, impedance, current, amplitude, activity, offset, or other 
characteristics are no longer sufficient for use as an OBD system 
monitoring device (e.g., for catalyst, EGR, SCR, or NOX 
adsorber monitoring).
    (v) Malfunction criteria for other exhaust gas sensors. For other 
exhaust gas sensors, the manufacturer must submit a monitoring plan to 
the Administrator for approval. The plan must include data and/or 
engineering evaluations that demonstrate that the monitoring plan is as 
reliable and effective as the monitoring required in paragraphs 
(g)(9)(ii), (g)(9)(iii), (g)(9)(iv) of this section.
    (vi) Malfunction criteria for exhaust gas sensor heaters. (A) The 
OBD system must detect a malfunction of the heater performance when the 
current or voltage drop in the heater circuit is no longer within the 
manufacturer's specified limits for normal operation (i.e., within the 
criteria required to be met by the component vendor for heater circuit 
performance at high mileage).

[[Page 269]]

The manufacturer may use other malfunction criteria for heater 
performance malfunctions. To do so, the manufacturer must be able to 
demonstrate via data and/or an engineering evaluation that the monitor 
is reliable and robust.
    (B) The OBD system must detect malfunctions of the heater circuit 
including open or short circuits that conflict with the commanded state 
of the heater (e.g., shorted to 12 Volts when commanded to 0 Volts 
(ground)).
    (vii) Monitoring conditions for exhaust gas sensors. (A) The 
manufacturer must define the monitoring conditions for malfunctions 
identified in paragraphs (g)(9)(ii)(A), (g)(9)(iii)(A), and 
(g)(9)(iv)(A) of this section (i.e., sensor performance) in accordance 
with paragraphs (c) and (d) of this section. For purposes of tracking 
and reporting as required in paragraph (d)(1) of this section, all 
monitors used to detect malfunctions identified in paragraphs 
(g)(9)(ii)(A), (g)(9)(iii)(A), and (g)(9)(iv)(A) of this section must be 
tracked separately but reported as a single set of values as specified 
in paragraph (e)(1)(iii) of this section.
    (B) The manufacturer must define the monitoring conditions for 
malfunctions identified in paragraphs (g)(9)(ii)(D), (g)(9)(iii)(D), and 
(g)(9)(iv)(D) of this section (i.e., monitoring function) in accordance 
with paragraphs (c) and (d) of this section with the exception that 
monitoring must occur every time the monitoring conditions are met 
during the drive cycle rather than once per drive cycle as required in 
paragraph (c)(2) of this section.
    (C) Except as provided for in paragraph (g)(9)(vii)(D) of this 
section, the OBD system must monitor continuously for malfunctions 
identified in paragraphs (g)(9)(ii)(B), (g)(9)(ii)(C), (g)(9)(iii)(B), 
(g)(9)(iii)(C), (g)(9)(iv)(B), (g)(9)(iv)(C) of this section (i.e., 
circuit integrity and feedback function).
    (D) A manufacturer may request approval to disable continuous 
exhaust gas sensor monitoring when an exhaust gas sensor malfunction 
cannot be distinguished from other effects (e.g., disable monitoring for 
out-of-range on the low side during fuel cut conditions). To do so, the 
manufacturer must demonstrate via data and/or engineering analyses that 
a properly functioning sensor cannot be distinguished from a 
malfunctioning sensor and that the disablement interval is limited only 
to that necessary for avoiding falsemalfunction detection.
    (viii) Monitoring conditions for exhaust gas sensor heaters--(A) The 
manufacturer must define monitoring conditions for malfunctions 
identified in paragraph (g)(9)(vi)(A) of this section (i.e., sensor 
heater performance) in accordance with paragraphs (c) and (d) of this 
section.
    (B) The OBD system must monitor continuously for malfunctions 
identified in paragraph (g)(9)(vi)(B) of this section (i.e., circuit 
malfunctions).
    (ix) Exhaust gas sensor and sensor heater MIL activation and DTC 
storage. The MIL must activate and DTCs must be stored according to the 
provisions of paragraph (b) of this section.
    (10) Variable Valve Timing (VVT) system monitoring--(i) General. The 
OBD system must monitor the VVT system on engines so equipped for target 
error and slow response malfunctions. The individual electronic 
components (e.g., actuators, valves, sensors) that are used in the VVT 
system must be monitored in accordance with the comprehensive components 
requirements in paragraph (i)(3) of this section.
    (ii) VVT system malfunction criteria--(A) VVT system target error. 
The OBD system must detect a malfunction prior to any failure or 
deterioration in the capability of the VVT system to achieve the 
commanded valve timing and/or control within a crank angle and/or lift 
tolerance that would cause an engine's emissions to exceed the emission 
thresholds for ``other monitors'' as shown in Table 1 of this paragraph 
(g).
    (B) VVT slow response. The OBD system must detect a malfunction 
prior to any failure or deterioration in the capability of the VVT 
system to achieve the commanded valve timing and/or control within a 
manufacturer-specified time that would cause an engine's emissions to 
exceed the emission thresholds for ``other monitors'' as shown in Table 
1 of this paragraph (g).
    (C) For engines in which no failure or deterioration of the VVT 
system could

[[Page 270]]

result in an engine's emissions exceeding the applicable emissions 
thresholds of paragraphs (g)(10)(ii)(A) and (g)(10)(ii)(B) of this 
section, the OBD system must detect a malfunction of the VVT system when 
proper functional response of the system to computer commands does not 
occur.
    (iii) VVT system monitoring conditions. Manufacturers must define 
the monitoring conditions for VVT system malfunctions identified in 
paragraph (g)(10)(ii) of this section in accordance with paragraphs (c) 
and (d) of this section, with the exception that monitoring must occur 
every time the monitoring conditions are met during the drive cycle 
rather than once per drive cycle as required in paragraph (c)(2) of this 
section. For purposes of tracking and reporting as required in paragraph 
(d)(1) of this section, all monitors used to detect malfunctions 
identified in paragraph (g)(10)(ii) of this section must be tracked 
separately but reported as a single set of values as specified in 
paragraph (e)(1)(iii) of this section.
    (iv) VVT MIL activation and DTC storage. The MIL must activate and 
DTCs must be stored according to the provisions of paragraph (b) of this 
section.
    (h) OBD monitoring requirements for gasoline-fueled/spark-ignition 
engines. The following table shows the thresholds at which point certain 
components or systems, as specified in this paragraph (h), are 
considered malfunctioning.

Table 2--OBD Emissions Thresholds for Gasoline-Fueled/Spark-Ignition Engines Meant for Placement in Applications
                                   Greater Than 14,000 Pounds GVWR (g/bhp-hr)
----------------------------------------------------------------------------------------------------------------
                                                                                               Sec.  86.010-18
            Component                     NOX                NMHC                 CO               reference
----------------------------------------------------------------------------------------------------------------
Catalyst system.................  1.75x std.........  1.75x std.........  ..................  (h)(6)
Evaporative emissions control     ..................  0.150 inch leak...  ..................  (h)(7)
 system.
``Other monitors'' with           1.5x std..........  1.5x std..........  1.5x std..........  (h)(1), (h)(2),
 emissions thresholds.                                                                         (h)(3), (h)(4),
                                                                                               (h)(5), (h)(8),
                                                                                               (h)(9)
----------------------------------------------------------------------------------------------------------------
Notes: 1.75x std means a multiple of 1.75 times the applicable emissions standard; these emissions thresholds
  apply to the monitoring requirements of paragraph (h) of this section; The evaporative emissions control
  system threshold is not, technically, an emissions threshold but rather a leak size that must be detected;
  nonetheless, for ease we refer to this as the threshold.

    (1) Fuel system monitoring--(i) General. The OBD system must monitor 
the fuel delivery system to determine its ability to provide compliance 
with emission standards.
    (ii) Fuel system malfunction criteria. (A) The OBD system must 
detect a malfunction of the fuel delivery system (including feedback 
control based on a secondary oxygen sensor) when the fuel delivery 
system is unable to maintain an engine's emissions at or below the 
emissions thresholds for ``other monitors'' as shown in Table 2 of this 
paragraph (h).
    (B) Except as provided for in paragraph (h)(1)(ii)(C) of this 
section, if the engine is equipped with adaptive feedback control, the 
OBD system must detect a malfunction when the adaptive feedback control 
has used up all of the adjustment allowed by the manufacturer.
    (C) If the engine is equipped with feedback control that is based on 
a secondary oxygen (or equivalent) sensor, the OBD system is not 
required to detect a malfunction of the fuel system solely when the 
feedback control based on a secondary oxygen sensor has used up all of 
the adjustment allowed by the manufacturer. However, if a failure or 
deterioration results in engine emissions that exceed the emissions 
thresholds for ``other monitors'' as shown in Table 2 of this paragraph 
(h), the OBD system is required to detect a malfunction.
    (D) The OBD system must detect a malfunction whenever the fuel 
control system fails to enter closed loop operation following engine 
start within a manufacturer specified time interval. The specified time 
interval must be supported by data and/or engineering analyses submitted 
by the manufacturer.

[[Page 271]]

    (E) The manufacturer may adjust the malfunction criteria and/or 
monitoring conditions to compensate for changes in altitude, for 
temporary introduction of large amounts of purge vapor, or for other 
similar identifiable operating conditions when such conditions occur.
    (iii) Fuel system monitoring conditions. The fuel system must be 
monitored continuously for the presence of a malfunction.
    (iv) Fuel system MIL activation and DTC storage. (A) A pending DTC 
must be stored immediately upon the fuel system exceeding the 
malfunction criteria established in paragraph (h)(1)(ii) of this 
section.
    (B) Except as provided for in paragraph (h)(1)(iv)(C) of this 
section, if a pending DTC is stored, the OBD system must activate the 
MIL immediately and store a MIL-on DTC if a malfunction is again 
detected during either the drive cycle immediately following storage of 
the pending DTC regardless of the conditions encountered during that 
drive cycle, or on the next drive cycle in which similar conditions are 
encountered to those that occurred when the pending DTC was stored. 
Similar conditions means engine conditions having an engine speed within 
375 rpm, load conditions within 20 percent, and the same warm-up status 
(i.e., cold or hot) as the engine conditions stored pursuant to 
paragraph (h)(1)(iv)(E) of this section. Other definitions of similar 
conditions may be used but must result in comparable timeliness and 
reliability in detecting similar engine operation.
    (C) The pending DTC may be erased at the end of the next drive cycle 
in which similar conditions have been encountered without having again 
exceeded the specified fuel system malfunction criteria. The pending DTC 
may also be erased if similar conditions are not encountered during the 
80 drive cycles immediately following detection of the potential 
malfunction for which the pending DTC was stored.
    (D) Storage of freeze frame conditions. The OBD system must store 
and erase freeze frame conditions either in conjunction with storing and 
erasing a pending DTC or in conjunction with storing and erasing a MIL-
on DTC. Freeze frame information associated with a fuel system 
malfunction shall be stored in preference to freeze frame information 
required elsewhere in paragraphs (h) or (i) of this section.
    (E) Storage of fuel system conditions for determining similar 
conditions of operation. The OBD must store the engine speed, load, and 
warm-up status present at the time it first detects a potential 
malfunction meeting the criteria of paragraph (h)(1)(ii) of this section 
and stores a pending DTC.
    (F) Deactivating the MIL. The MIL may be extinguished after three 
sequential driving cycles in which similar conditions have been 
encountered without detecting a malfunction of the fuel system.
    (2) Engine misfire monitoring--(i) General. (A) The OBD system must 
monitor the engine for misfire causing catalyst damage and misfire 
causing excess emissions.
    (B) The OBD system must identify the specific cylinder that is 
misfiring. The manufacturer may store a general misfire DTC instead of a 
cylinder specific DTC under certain operating conditions. To do so, the 
manufacturer must submit data and/or engineering analyses that 
demonstrate that the misfiring cylinder cannot be identified reliably 
when the conditions occur.
    (C) If more than one cylinder is misfiring, a separate DTC must be 
stored to indicate that multiple cylinders are misfiring unless 
otherwise allowed by this paragraph (h)(2). When identifying multiple 
cylinder misfire, the OBD system is not required to also identify using 
separate DTCs each of the misfiring cylinders individually. If more than 
90 percent of the detected misfires occur in a single cylinder, an 
appropriate DTC may be stored that indicates the specific misfiring 
cylinder rather than storing the multiple cylinder misfire DTC. If two 
or more cylinders individually have more than 10 percent of the total 
number of detected misfires, a multiple cylinder DTC must be stored.
    (ii) Engine misfire malfunction criteria--(A) Misfire causing 
catalyst damage. The manufacturer must determine the percentage of 
misfire evaluated in 200 revolution increments for each engine speed and 
load condition that would result in a temperature that

[[Page 272]]

causes catalyst damage. If this percentage of misfire is exceeded, it 
shall be considered a malfunction that must be detected. For every 
engine speed and load condition for which this percentage of misfire is 
determined to be lower than five percent, the manufacturer may set the 
malfunction criteria at five percent. The manufacturer may use a longer 
interval than 200 revolutions but only for determining, on a given drive 
cycle, the first misfire exceedance as provided in paragraph 
(h)(2)(iv)(A) of this section. To do so, the manufacturer must 
demonstrate that the interval is not so long that catalyst damage would 
occur prior to the interval being elapsed.
    (B) Misfire causing emissions to exceed the applicable thresholds. 
The manufacturer must determine the percentage of misfire evaluated in 
1000 revolution increments that would cause emissions from an emissions 
durability demonstration engine to exceed the emissions thresholds for 
``other monitors'' as shown in Table 2 of this paragraph (h) if that 
percentage of misfire were present from the beginning of the test. If 
this percentage of misfire is exceeded, regardless of the pattern of 
misfire events (e.g., random, equally spaced, continuous), it shall be 
considered a malfunction that must be detected. To establish this 
percentage of misfire, the manufacturer must use misfire events 
occurring at equally spaced, complete engine cycle intervals, across 
randomly selected cylinders throughout each 1000-revolution increment. 
If this percentage of misfire is determined to be lower than one 
percent, the manufacturer may set the malfunction criteria at one 
percent. The manufacturer may use a longer interval than 1000 
revolutions. To do so, the manufacturer must demonstrate that the 
strategy would be equally effective and timely at detecting misfire.
    (iii) Engine misfire monitoring conditions. (A) The OBD system must 
monitor continuously for misfire under the following conditions: from no 
later than the end of the second crankshaft revolution after engine 
start; during the rise time and settling time for engine speed to reach 
the desired idle engine speed at engine start-up (i.e., ``flare-up'' and 
``flare-down''); and, under all positive torque engine speeds and load 
conditions except within the engine operating region bound by the 
positive torque line (i.e., engine load with the transmission in 
neutral), and the points represented by an engine speed of 3000 rpm with 
the engine load at the positive torque line and the redline engine speed 
with the engine's manifold vacuum at four inches of mercury lower than 
that at the positive torque line. For this purpose, redline engine speed 
is defined as either the recommended maximum engine speed as displayed 
on the instrument panel tachometer, or the engine speed at which fuel 
shutoff occurs.
    (B) If an OBD monitor cannot detect all misfire patterns under all 
required engine speed and load conditions as required by paragraph 
(h)(2)(iii)(A) of this section, the OBD system may still be acceptable. 
The Administrator will evaluate the following factors in making a 
determination: The magnitude of the region(s) in which misfire detection 
is limited; the degree to which misfire detection is limited in the 
region(s) (i.e., the probability of detection of misfire events); the 
frequency with which said region(s) are expected to be encountered in-
use; the type of misfire patterns for which misfire detection is 
troublesome; and demonstration that the monitoring technology employed 
is not inherently incapable of detecting misfire under the required 
conditions (i.e., compliance can be achieved on other engines). The 
evaluation will be based on the following misfire patterns: equally 
spaced misfire occurring on randomly selected cylinders; single cylinder 
continuous misfire; and paired cylinder (cylinders firing at the same 
crank angle) continuous misfire.
    (C) The manufacturer may use monitoring system that has reduced 
misfire detection capability during the portion of the first 1000 
revolutions after engine start that a cold start emission reduction 
strategy is active that reduces engine torque (e.g., spark retard 
strategies). To do so, the manufacturer must demonstrate that the 
probability of detection is greater than or equal to 75 percent during 
the worst case condition (i.e., lowest generated torque) for a vehicle 
operated continuously at idle

[[Page 273]]

(park/neutral idle) on a cold start between 50 and 86 degrees Fahrenheit 
and that the technology cannot reliably detect a higher percentage of 
the misfire events during the conditions.
    (D) The manufacturer may disable misfire monitoring or use an 
alternative malfunction criterion when misfire cannot be distinguished 
from other effects. To do so, the manufacturer must demonstrate that the 
disablement interval or the period of use of an alternative malfunction 
criterion is limited only to that necessary for avoiding false detection 
and for one or more of the following operating conditions: Rough road; 
fuel cut; gear changes for manual transmission vehicles; traction 
control or other vehicle stability control activation such as anti-lock 
braking or other engine torque modifications to enhance vehicle 
stability; off-board control or intrusive activation of vehicle 
components or monitors during service or assembly plant testing; 
portions of intrusive evaporative system or EGR monitors that can 
significantly affect engine stability (i.e., while the purge valve is 
open during the vacuum pull-down of an evaporative system leak check but 
not while the purge valve is closed and the evaporative system is sealed 
or while an EGR monitor causes the EGR valve to be cycled intrusively on 
and off during positive torque conditions); or, engine speed, load, or 
torque transients due to throttle movements more rapid than those that 
occur over the FTP cycle for the worst case engine within each engine 
family. In general, the Administrator will not approve disablement for 
conditions involving normal air conditioning compressor cycling from on-
to-off or off-to-on, automatic transmission gear shifts (except for 
shifts occurring during wide open throttle operation), transitions from 
idle to off-idle, normal engine speed or load changes that occur during 
the engine speed rise time and settling time (i.e., ``flare-up'' and 
``flare-down'') immediately after engine starting without any vehicle 
operator-induced actions (e.g., throttle stabs), or excess acceleration 
(except for acceleration rates that exceed the maximum acceleration rate 
obtainable at wide open throttle while the vehicle is in gear due to 
abnormal conditions such as slipping of a clutch). The Administrator may 
approve misfire monitoring disablement or use of an alternate 
malfunction criterion for any other condition on a case by case basis 
upon determining that the manufacturer has demonstrated that the request 
is based on an unusual or unforeseen circumstance and that it is 
applying the best available computer and monitoring technology.
    (E) For engines with more than eight cylinders that cannot meet the 
requirements of paragraph (h)(2)(iii)(A) of this section, a manufacturer 
may use alternative misfire monitoring conditions. Such use must be 
based on data and/or an engineering evaluation submitted by the 
manufacturer that demonstrate that misfire detection throughout the 
required operating region cannot be achieved when employing proven 
monitoring technology (i.e., a technology that provides for compliance 
with these requirements on other engines) and provided misfire is 
detected to the fullest extent permitted by the technology. However, the 
misfire detection system must still monitor during all positive torque 
operating conditions encountered during an FTP cycle.
    (iv) MIL activation and DTC storage for engine misfire causing 
catalyst damage--(A) Pending DTCs. A pending DTC must be stored 
immediately if, during a single drive cycle, the specified misfire 
percentage described in paragraph (h)(2)(ii)(A) of this section is 
exceeded three times when operating in the positive torque region 
encountered during a FTP cycle or is exceeded on a single occasion when 
operating at any other engine speed and load condition in the positive 
torque region defined in paragraph (h)(2)(iii)(A) of this section. 
Immediately after a pending DTC is stored pursuant to this paragraph, 
the MIL must blink once per second at all times during the drive cycle 
that engine misfire is occurring. The MIL may be deactivated during 
those times that misfire is not occurring. If, at the time that a 
catalyst damaging misfire malfunction occurs, the MIL is already 
activated for a malfunction other than misfire, the MIL must still blink 
once per second at all times during the drive cycle that engine misfire 
is occurring.

[[Page 274]]

If misfire ceases, the MIL must stop blinking but remain activated as 
appropriate in accordance with the other malfunction.
    (B) MIL-on DTCs. If a pending DTC is stored in accordance with 
paragraph (h)(2)(iv)(A) of this section, the OBD system must immediately 
store a MIL-on DTC if the percentage of misfire described in paragraph 
(h)(2)(ii)(A) of this section is again exceeded one or more times during 
either the drive cycle immediately following storage of the pending DTC, 
regardless of the conditions encountered during that drive cycle, or on 
the next drive cycle in which similar conditions are encountered to 
those that occurred when the pending DTC was stored. If, during a 
previous drive cycle, a pending DTC is stored in accordance with 
paragraph (h)(2)(iv)(A) of this section, a MIL-on DTC must be stored 
immediately upon exceeding the percentage misfire described in paragraph 
(h)(2)(ii)(A) of this section regardless of the conditions encountered. 
Upon storage of a MIL-on DTC, the MIL must blink once per second at all 
times during the drive cycle that engine misfire is occurring. If 
misfire ceases, the MIL must stop blinking but remain activated until 
the conditions are met for extinguishing the MIL.
    (C) Erasure of pending DTCs. Pending DTCs stored in accordance with 
paragraph (h)(2)(iv)(A) of this section must be erased at the end of the 
next drive cycle in which similar conditions are encountered to those 
that occurred when the pending DTC was stored provided no exceedances 
have been detected of the misfire percentage described in paragraph 
(h)(2)(ii)(A) of this section. The pending DTC may also be erased if 
similar conditions are not encountered during the next 80 drive cycles 
immediately following storage of the pending DTC.
    (D) Exemptions for engines with fuel shutoff and default fuel 
control. In engines that provide for fuel shutoff and default fuel 
control to prevent over fueling during catalyst damaging misfire 
conditions, the MIL need not blink as required by paragraphs 
(h)(2)(iv)(A) and (h)(2)(iv)(B) of this section. Instead, the MIL may be 
activated continuously upon misfire detection provided that the fuel 
shutoff and default fuel control are activated immediately upon misfire 
detection. Fuel shutoff and default fuel control may be deactivated only 
when the engine is outside of the misfire range except that the 
manufacturer may periodically, but not more than once every 30 seconds, 
deactivate fuel shutoff and default fuel control to determine if the 
catalyst damaging misfire is still occurring. Normal fueling and fuel 
control may be resumed if the catalyst damaging misfire is no longer 
occurring.
    (E) The manufacturer may use a strategy that activates the MIL 
continuously rather than blinking the MIL during extreme catalyst damage 
misfire conditions (i.e., catalyst damage misfire occurring at all 
engine speeds and loads). Use of such a strategy must be limited to 
catalyst damage misfire levels that cannot be avoided during reasonable 
driving conditions. To use such a strategy, the manufacturer must be 
able to demonstrate that the strategy will encourage operation of the 
vehicle in conditions that will minimize catalyst damage (e.g., at low 
engine speeds and loads).
    (v) MIL activation and DTC storage for engine misfire causing 
emissions to exceed applicable emissions thresholds. (A) Immediately 
upon detection, during the first 1000 revolutions after engine start of 
the misfire percentage described in paragraph (h)(2)(ii)(B) of this 
section, a pending DTC must be stored. If such a pending DTC is stored 
already and another such exceedance of the misfire percentage is 
detected within the first 1000 revolutions after engine start on any 
subsequent drive cycle, the MIL must activate and a MIL-on DTC must be 
stored. The pending DTC may be erased if, at the end of the next drive 
cycle in which similar conditions are encountered to those that occurred 
when the pending DTC was stored, there has been no exceedance of the 
misfire percentage described in paragraph (h)(2)(ii)(B) of this section. 
The pending DTC may also be erased if similar conditions are not 
encountered during the next 80 drive cycles immediately following 
storage of the pending DTC.

[[Page 275]]

    (B) No later than the fourth detection during a single drive cycle, 
following the first 1000 revolutions after engine start of the misfire 
percentage described in paragraph (h)(2)(ii)(B) of this section, a 
pending DTC must be stored. If such a pending DTC is stored already, 
then the MIL must activate and a MIL-on DTC must be stored within 10 
seconds of the fourth detection of the misfire percentage described in 
paragraph (h)(2)(ii)(B) of this section during either the drive cycle 
immediately following storage of the pending DTC, regardless of the 
conditions encountered during that drive cycle excepting those 
conditions within the first 1000 revolutions after engine start, or on 
the next drive cycle in which similar conditions are encountered to 
those that occurred when the pending DTC was stored excepting those 
conditions within the first 1000 revolutions after engine start. The 
pending DTC may be erased if, at the end of the next drive cycle in 
which similar conditions are encountered to those that occurred when the 
pending DTC was stored, there has been no exceedance of the misfire 
percentage described in paragraph (h)(2)(ii)(B) of this section. The 
pending DTC may also be erased if similar conditions are not encountered 
during the next 80 drive cycles immediately following storage of the 
pending DTC.
    (vi) Storage of freeze frame conditions for engine misfire. (A) The 
OBD system must store and erase freeze frame conditions (as defined in 
paragraph (k)(4)(iii) of this section) either in conjunction with 
storing and erasing a pending DTC or in conjunction with storing and 
erasing a MIL-on DTC.
    (B) If, upon storage of a DTC as required by paragraphs (h)(2)(iv) 
and (h)(2)(v) of this section, there already exist stored freeze frame 
conditions for a malfunction other than a misfire or fuel system 
malfunction (see paragraph (h)(1) of this section) then the stored 
freeze frame information shall be replaced with freeze frame information 
associated with the misfire malfunction.
    (vii) Storage of engine conditions in association with engine 
misfire. Upon detection of the misfire percentages described in 
paragraphs (h)(2)(ii)(A) and (h)(2)(ii)(B) of this section, the 
following engine conditions must be stored for use in determining 
similar conditions: Engine speed, load, and warm up status of the first 
misfire event that resulted in pending DTC storage.
    (viii) MIL deactivation in association with engine misfire. The MIL 
may be deactivated after three sequential drive cycles in which similar 
conditions have been encountered without an exceedance of the misfire 
percentages described in paragraphs (h)(2)(ii)(A) and (h)(2)(ii)(B) of 
this section.
    (3) Exhaust gas recirculation system monitoring--(i) General. The 
OBD system must monitor the EGR system on engines so equipped for low 
and high flow rate malfunctions. The individual electronic components 
(e.g., actuators, valves, sensors) that are used in the EGR system must 
be monitored in accordance with the comprehensive component requirements 
in paragraph (i)(3) of this section.
    (ii) EGR system malfunction criteria. (A) The OBD system must detect 
a malfunction of the EGR system prior to a decrease from the 
manufacturer's specified EGR flow rate that would cause an engine's 
emissions to exceed the emissions thresholds for ``other monitors'' as 
shown in Table 2 of this paragraph (h). For engines in which no failure 
or deterioration of the EGR system that causes a decrease in flow could 
result in an engine's emissions exceeding the applicable emissions 
thresholds, the OBD system must detect a malfunction when the system has 
no detectable amount of EGR flow.
    (B) The OBD system must detect a malfunction of the EGR system prior 
to an increase from the manufacturer's specified EGR flow rate that 
would cause an engine's emissions to exceed the emissions thresholds for 
``other monitors'' as shown in Table 2 of this paragraph (h). For 
engines in which no failure or deterioration of the EGR system that 
causes an increase in flow could result in an engine's emissions 
exceeding the applicable emissions thresholds, the OBD system must 
detect a malfunction when the system has reached its control limits such 
that it cannot reduce EGR flow.

[[Page 276]]

    (iii) EGR system monitoring conditions. (A) The manufacturer must 
define the monitoring conditions for malfunctions identified in 
paragraph (h)(3)(ii) of this section in accordance with paragraphs (c) 
and (d) of this section. For purposes of tracking and reporting as 
required by paragraph (d)(1) of this section, all monitors used to 
detect malfunctions identified in paragraph (h)(3)(ii) of this section 
must be tracked separately but reported as a single set of values as 
specified in paragraph (e)(1)(iii) of this section.
    (B) The manufacturer may disable temporarily the EGR monitor under 
conditions when monitoring may not be reliable (e.g., when freezing may 
affect performance of the system). To do so, the manufacturer must be 
able to demonstrate that the monitor is unreliable when such conditions 
exist.
    (iv) EGR system MIL activation and DTC storage. The MIL must 
activate and DTCs must be stored according to the provisions of 
paragraph (b) of this section.
    (4) Cold start emission reduction strategy monitoring--(i) General. 
If an engine incorporates a specific engine control strategy to reduce 
cold start emissions, the OBD system must monitor the key components 
(e.g., idle air control valve), other than secondary air, while the 
control strategy is active to ensure proper operation of the control 
strategy.
    (ii) Cold start strategy malfunction criteria. (A) The OBD system 
must detect a malfunction prior to any failure or deterioration of the 
individual components associated with the cold start emission reduction 
control strategy that would cause an engine's emissions to exceed the 
emissions thresholds for ``other monitors'' as shown in Table 2 of this 
paragraph (h). The manufacturer must establish the malfunction criteria 
based on data from one or more representative engine(s) and provide an 
engineering evaluation for establishing the malfunction criteria for the 
remainder of the manufacturer's product line.
    (B) Where no failure or deterioration of a component used for the 
cold start emission reduction strategy could result in an engine's 
emissions exceeding the applicable emissions thresholds, the individual 
component must be monitored for proper functional response while the 
control strategy is active in accordance with the malfunction criteria 
in paragraphs (i)(3)(ii) and (i)(3)(iii) of this section.
    (iii) Cold start strategy monitoring conditions. The manufacturer 
must define monitoring conditions for malfunctions identified in 
paragraph (h)(4)(ii) of this section in accordance with paragraphs (c) 
and (d) of this section.
    (iv) Cold start strategy MIL activation and DTC storage. The MIL 
must activate and DTCs must be stored according to the provisions of 
paragraph (b) of this section.
    (5) Secondary air system monitoring--(i) General. The OBD system on 
engines equipped with any form of secondary air delivery system must 
monitor the proper functioning of the secondary air delivery system 
including all air switching valve(s). The individual electronic 
components (e.g., actuators, valves, sensors) that are used in the 
secondary air system must be monitored in accordance with the 
comprehensive component requirements in paragraph (i)(3) of this 
section. For purposes of this paragraph (h)(5), ``air flow'' is defined 
as the air flow delivered by the secondary air system to the exhaust 
system. For engines using secondary air systems with multiple air flow 
paths/distribution points, the air flow to each bank (i.e., a group of 
cylinders that share a common exhaust manifold, catalyst, and control 
sensor) must be monitored in accordance with the malfunction criteria in 
paragraph (h)(5)(ii) of this section. Also for purposes of this 
paragraph (h)(5), ``normal operation'' is defined as the condition when 
the secondary air system is activated during catalyst and/or engine 
warm-up following engine start. ``Normal operation'' does not include 
the condition when the secondary air system is turned on intrusively for 
the sole purpose of monitoring.
    (ii) Secondary air system malfunction criteria. (A) Except as 
provided in paragraph (h)(5)(ii)(C) of this section, the OBD system must 
detect a secondary air system malfunction prior to a decrease from the 
manufacturer's specified air flow during normal operation that would 
cause an engine's emissions

[[Page 277]]

to exceed the emissions thresholds for ``other monitors'' as shown in 
Table 2 of this paragraph (h).
    (B) Except as provided in paragraph (h)(5)(ii)(C) of this section, 
the OBD system must detect a secondary air system malfunction prior to 
an increase from the manufacturer's specified air flow during normal 
operation that would cause an engine's emissions to exceed the emissions 
thresholds for ``other monitors'' as shown in Table 2 of this paragraph 
(h).
    (C) For engines in which no deterioration or failure of the 
secondary air system would result in an engine's emissions exceeding the 
applicable emissions thresholds, the OBD system must detect a 
malfunction when no detectable amount of air flow is delivered by the 
secondary air system during normal operation.
    (iii) Secondary air system monitoring conditions. The manufacturer 
must define monitoring conditions for malfunctions identified in 
paragraph (h)(5)(ii) of this section in accordance with paragraphs (c) 
and (d) of this section. For purposes of tracking and reporting as 
required by paragraph (d)(1) of this section, all monitors used to 
detect malfunctions identified in paragraph (h)(5)(ii) of this section 
must be tracked separately but reported as a single set of values as 
specified in paragraph (e)(1)(iii) of this section.
    (iv) Secondary air system MIL activation and DTC storage. The MIL 
must activate and DTCs must be stored according to the provisions of 
paragraph (b) of this section.
    (6) Catalyst system monitoring--(i) General. The OBD system must 
monitor the catalyst system for proper conversion capability.
    (ii) Catalyst system malfunction criteria. The OBD system must 
detect a catalyst system malfunction when the catalyst system's 
conversion capability decreases to the point that emissions exceed the 
emissions thresholds for the catalyst system as shown in Table 2 of this 
paragraph (h).
    (iii) Catalyst system monitoring conditions. The manufacturer must 
define monitoring conditions for malfunctions identified in paragraph 
(h)(6)(ii) of this section in accordance with paragraphs (c) and (d) of 
this section. For purposes of tracking and reporting as required by 
paragraph (d)(1) of this section, all monitors used to detect 
malfunctions identified in paragraph (h)(6)(ii) of this section must be 
tracked separately but reported as a single set of values as specified 
in paragraph (e)(1)(iii) of this section.
    (iv) Catalyst system MIL activation and DTC storage. (A) The MIL 
must activate and DTCs must be stored according to the provisions of 
paragraph (b) of this section.
    (B) The monitoring method for the catalyst system must be capable of 
detecting when a catalyst DTC has been erased (except OBD system self 
erasure), but the catalyst has not been replaced (e.g., catalyst 
overtemperature histogram approaches are not acceptable).
    (7) Evaporative system monitoring--(i) General. The OBD system must 
verify purge flow from the evaporative system and monitor the complete 
evaporative system, excluding the tubing and connections between the 
purge valve and the intake manifold, for vapor leaks to the atmosphere. 
Individual components of the evaporative system (e.g. valves, sensors) 
must be monitored in accordance with the comprehensive components 
requirements in paragraph (i)(3) of this section.
    (ii) Evaporative system malfunction criteria--(A) Purge monitor. The 
OBD system must detect an evaporative system malfunction when no purge 
flow from the evaporative system to the engine can be detected by the 
OBD system.
    (B) Leak monitor. The OBD system must detect an evaporative system 
malfunction when the complete evaporative system contains a leak or 
leaks that cumulatively are greater than or equal to a leak caused by a 
0.150 inch diameter hole.
    (C) The manufacturer may demonstrate that detection of a larger hole 
is more appropriate than that specified in paragraph (h)(7)(ii)(B) of 
this section. To do so, the manufacturer must demonstrate through data 
and/or engineering analyses that holes smaller than the proposed 
detection size would not result in evaporative or running loss emissions 
that exceed 1.5 times the applicable evaporative emissions standards. 
Upon such a demonstration,

[[Page 278]]

the proposed detection size could be substituted for the requirement of 
paragraph (h)(7)(ii)(B) of this section.
    (iii) Evaporative system monitoring conditions. (A) The manufacturer 
must define monitoring conditions for malfunctions identified in 
paragraph (h)(7)(ii)(A) of this section in accordance with paragraphs 
(c) and (d) of this section.
    (B) The manufacturer must define monitoring conditions for 
malfunctions identified in paragraph (h)(7)(ii)(B) of this section in 
accordance with paragraphs (c) and (d) of this section. For purposes of 
tracking and reporting as required by paragraph (d)(1) of this section, 
all monitors used to detect malfunctions identified in paragraph 
(h)(7)(ii)(B) of this section must be tracked separately but reported as 
a single set of values as specified in paragraph (e)(1)(iii) of this 
section.
    (C) The manufacturer may disable or abort an evaporative system 
monitor when the fuel tank level is over 85 percent of nominal tank 
capacity or during a refueling event.
    (D) The manufacturer may request Administrator approval to run the 
evaporative system monitor during only those drive cycles characterized 
as cold starts provided such a condition is needed to ensure reliable 
monitoring. In making the request, the manufacturer must demonstrate 
through data and/or engineering analyses that a reliable monitor can 
only be run on drive cycles that begin with a specific set of cold start 
criteria. A set of cold start criteria based solely on ambient 
temperature exceeding engine coolant temperature will not be acceptable.
    (E) The OBD system may disable temporarily the evaporative purge 
system to run an evaporative system leak monitor.
    (iv) Evaporative system MIL activation and DTC storage. (A) Except 
as provided for in paragraph (h)(7)(iv)(B) of this section, the MIL must 
activate and DTCs must be stored according to the provisions of 
paragraph (b) of this section.
    (B) If the OBD system is capable of discerning that a system leak is 
being caused by a missing or improperly secured gas cap, the OBD system 
need not activate the MIL or store a DTC provided the vehicle is 
equipped with an alternative indicator for notifying the operator of the 
gas cap problem. The alternative indicator must be of sufficient 
illumination and location to be readily visible under all lighting 
conditions. If the vehicle is not equipped with such an alternative 
indicator, the MIL must activate and a DTC be stored as required in 
paragraph (h)(7)(iv)(A) of this section; however, these may be 
deactivated and erased, respectively, if the OBD system determines that 
the gas cap problem has been corrected and the MIL has not been 
activated for any other malfunction. The Administrator may approve other 
strategies that provide equivalent assurance that a vehicle operator 
will be notified promptly of a missing or improperly secured gas cap and 
that corrective action will be undertaken.
    (8) Exhaust gas sensor monitoring--(i) General. (A) The OBD system 
must monitor for malfunctions the output signal, response rate, and any 
other parameter that can affect emissions of all primary (i.e., fuel 
control) exhaust gas sensors (e.g., oxygen, wide-range air/fuel). Both 
the lean-to-rich and rich-to-lean response rates must be monitored.
    (B) The OBD system must also monitor all secondary exhaust gas 
sensors (those used for secondary fuel trim control or as a monitoring 
device) for proper output signal, activity, and response rate.
    (C) For engines equipped with heated exhaust gas sensor, the OBD 
system must monitor the heater for proper performance.
    (ii) Primary exhaust gas sensor malfunction criteria. (A) The OBD 
system must detect a malfunction prior to any failure or deterioration 
of the exhaust gas sensor output voltage, resistance, impedance, 
current, response rate, amplitude, offset, or other characteristic(s) 
(including drift or bias corrected for by secondary sensors) that would 
cause an engine's emissions to exceed the emissions thresholds for 
``other monitors'' as shown in Table 2 of this paragraph (h).
    (B) The OBD system must detect malfunctions of the exhaust gas 
sensor

[[Page 279]]

caused by either a lack of circuit continuity or out-of-range values.
    (C) The OBD system must detect a malfunction of the exhaust gas 
sensor when a sensor failure or deterioration causes the fuel system to 
stop using that sensor as a feedback input (e.g., causes default or 
open-loop operation).
    (D) The OBD system must detect a malfunction of the exhaust gas 
sensor when the sensor output voltage, resistance, impedance, current, 
amplitude, activity, or other characteristics are no longer sufficient 
for use as an OBD system monitoring device (e.g., for catalyst 
monitoring).
    (iii) Secondary exhaust gas sensor malfunction criteria. (A) The OBD 
system must detect a malfunction prior to any failure or deterioration 
of the exhaust gas sensor voltage, resistance, impedance, current, 
response rate, amplitude, offset, or other characteristic(s) that would 
cause an engine's emissions to exceed the emissions thresholds for 
``other monitors'' as shown in Table 2 of this paragraph (h).
    (B) The OBD system must detect malfunctions of the exhaust gas 
sensor caused by a lack of circuit continuity.
    (C) To the extent feasible, the OBD system must detect a malfunction 
of the exhaust gas sensor when the sensor output voltage, resistance, 
impedance, current, amplitude, activity, offset, or other 
characteristics are no longer sufficient for use as an OBD system 
monitoring device (e.g., for catalyst monitoring).
    (D) The OBD system must detect malfunctions of the exhaust gas 
sensor caused by out-of-range values.
    (E) The OBD system must detect a malfunction of the exhaust gas 
sensor when a sensor failure or deterioration causes the fuel system 
(e.g., fuel control) to stop using that sensor as a feedback input 
(e.g., causes default or open-loop operation).
    (iv) Exhaust gas sensor heater malfunction criteria. (A) The OBD 
system must detect a malfunction of the heater performance when the 
current or voltage drop in the heater circuit is no longer within the 
manufacturer's specified limits for normal operation (i.e., within the 
criteria required to be met by the component vendor for heater circuit 
performance at high mileage). Other malfunction criteria for heater 
performance malfunctions may be used upon demonstrating via data or 
engineering analyses that the monitoring reliability and timeliness is 
equivalent to the stated criteria in this paragraph (h)(8)(iv)(A).
    (B) The OBD system must detect malfunctions of the heater circuit 
including open or short circuits that conflict with the commanded state 
of the heater (e.g., shorted to 12 Volts when commanded to 0 Volts 
(ground)).
    (v) Primary exhaust gas sensor monitoring conditions. (A) The 
manufacturer must define monitoring conditions for malfunctions 
identified in paragraphs (h)(8)(ii)(A) and (h)(8)(ii)(D) of this section 
in accordance with paragraphs (c) and (d) of this section. For purposes 
of tracking and reporting as required by paragraph (d)(1) of this 
section, all monitors used to detect malfunctions identified in 
paragraphs (h)(8)(ii)(A) and (h)(8)(ii)(D) of this section must be 
tracked separately but reported as a single set of values as specified 
in paragraph (e)(1)(iii) of this section.
    (B) Except as provided for in paragraph (h)(8)(v)(C) of this 
section, monitoring for malfunctions identified in paragraphs 
(h)(8)(ii)(B) and (h)(8)(ii)(C) of this section must be conducted 
continuously.
    (C) The manufacturer may disable continuous primary exhaust gas 
sensor monitoring when a primary exhaust gas sensor malfunction cannot 
be distinguished from other effects (e.g., disable out-of-range low 
monitoring during fuel cut conditions). To do so, the manufacturer must 
demonstrate via data or engineering analyses that a properly functioning 
sensor cannot be distinguished from a malfunctioning sensor and that the 
disablement interval is limited only to that necessary for avoiding 
false detection.
    (vi) Secondary exhaust gas sensor monitoring conditions. (A) The 
manufacturer must define monitoring conditions for malfunctions 
identified in paragraphs (h)(8)(iii)(A) through (h)(8)(iii)(C) of this 
section in accordance with paragraphs (c) and (d) of this section.
    (B) Except as provided for in paragraph (h)(8)(vi)(C) of this 
section, monitoring for malfunctions identified in paragraphs 
(h)(8)(iii)(D) and

[[Page 280]]

(h)(8)(iii)(E) of this section must be conducted continuously.
    (C) The manufacturer may disable continuous secondary exhaust gas 
sensor monitoring when a secondary exhaust gas sensor malfunction cannot 
be distinguished from other effects (e.g., disable out-of-range low 
monitoring during fuel cut conditions). To do so, the manufacturer must 
demonstrate via data or engineering analyses that a properly functioning 
sensor cannot be distinguished from a malfunctioning sensor and that the 
disablement interval is limited only to that necessary for avoiding 
false detection.
    (vii) Exhaust gas sensor heater monitoring conditions. (A) The 
manufacturer must define monitoring conditions for malfunctions 
identified in paragraph (h)(8)(iv)(A) of this section in accordance with 
paragraphs (c) and (d) of this section.
    (B) Monitoring for malfunctions identified in paragraph 
(h)(8)(iv)(B) of this section must be conducted continuously.
    (viii) Exhaust gas sensor MIL activation and DTC storage. The MIL 
must activate and DTCs must be stored according to the provisions of 
paragraph (b) of this section.
    (9) Variable valve timing (VVT) system monitoring--(i) General. The 
OBD system must monitor the VVT system on engines so equipped for target 
error and slow response malfunctions. The individual electronic 
components (e.g., actuators, valves, sensors) that are used in the VVT 
system must be monitored in accordance with the comprehensive components 
requirements in paragraph (i)(3).
    (ii) VVT system malfunction criteria--(A) VVT system target error. 
The OBD system must detect a malfunction prior to any failure or 
deterioration in the capability of the VVT system to achieve the 
commanded valve timing and/or control within a crank angle and/or lift 
tolerance that would cause an engine's emissions to exceed the emission 
thresholds for ``other monitors'' as shown in Table 2 of this paragraph 
(h).
    (B) VVT slow response. The OBD system must detect a malfunction 
prior to any failure or deterioration in the capability of the VVT 
system to achieve the commanded valve timing and/or control within a 
manufacturer-specified time that would cause an engine's emissions to 
exceed the emission thresholds for ``other monitors'' as shown in Table 
2 of this paragraph (h).
    (C) For engines in which no failure or deterioration of the VVT 
system could result in an engine's emissions exceeding the applicable 
emissions thresholds of paragraphs (h)(9)(ii)(A) and (h)(9)(ii)(B) of 
this section, the OBD system must detect a malfunction of the VVT system 
when proper functional response of the system to computer commands does 
not occur.
    (iii) VVT system monitoring conditions. Manufacturers must define 
the monitoring conditions for VVT system malfunctions identified in 
paragraph (h)(9)(ii) in accordance with paragraphs (c) and (d) of this 
section, with the exception that monitoring must occur every time the 
monitoring conditions are met during the drive cycle rather than once 
per drive cycle as required in paragraph (c)(2) of this section. For 
purposes of tracking and reporting as required in paragraph (d)(1) of 
this section, all monitors used to detect malfunctions identified in 
paragraph (h)(9)(ii) must be tracked separately but reported as a single 
set of values as specified in paragraph (e)(1)(iii) of this section.
    (iv) VVT MIL activation and DTC storage. The MIL must activate and 
DTCs must be stored according to the provisions of paragraph (b) of this 
section.
    (i) OBD monitoring requirements for all engines--(1) Engine cooling 
system monitoring--
    (i) General. (A) The OBD system must monitor the thermostat on 
engines so equipped for proper operation.
    (B) The OBD system must monitor the engine coolant temperature (ECT) 
sensor for electrical circuit continuity, out-of-range values, and 
rationality malfunctions.
    (C) For engines that use a system other than the cooling system and 
ECT sensor (e.g., oil temperature, cylinder head temperature) to 
determine engine operating temperature for emission control purposes 
(e.g., to modify spark or fuel injection timing or quantity), the 
manufacturer may forego cooling

[[Page 281]]

system monitoring and instead monitor the components or systems used in 
their approach. To do so, the manufacturer must to submit data and/or 
engineering analyses that demonstrate that their monitoring plan is as 
reliable and effective as the monitoring required in this paragraph 
(i)(1).
    (ii) Malfunction criteria for the thermostat. (A) The OBD system 
must detect a thermostat malfunction if, within the manufacturer 
specified time interval following engine start, any of the following 
conditions occur: The coolant temperature does not reach the highest 
temperature required by the OBD system to enable other diagnostics; and, 
the coolant temperature does not reach a warmed-up temperature within 20 
degrees Fahrenheit of the manufacturer's nominal thermostat regulating 
temperature. For the second of these two conditions, the manufacturer 
may use a lower temperature for this criterion if either the 
manufacturer can demonstrate that the fuel, spark timing, and/or other 
coolant temperature-based modification to the engine control strategies 
would not cause an emissions increase greater than or equal to 50 
percent of any of the applicable emissions standards; or, ambient air 
temperature is between 20 degrees Fahrenheit and 50 degrees Fahrenheit 
in which case, upon Administrator approval, the minimum coolant 
temperature required to be reached may be decreased based on the ambient 
air temperature.
    (B) With Administrator approval, the manufacturer may use 
alternative malfunction criteria to those of paragraph (i)(1)(ii)(A) of 
this section and/or alternative monitoring conditions to those of 
paragraph (i)(1)(iv) of this section that are a function of temperature 
at engine start on engines that do not reach the temperatures specified 
in the malfunction criteria when the thermostat is functioning properly. 
To do so, the manufacturer is required to submit data and/or engineering 
analyses that demonstrate that a properly operating system does not 
reach the specified temperatures and that the possibility is minimized 
for cooling system malfunctions to go undetected thus disabling other 
OBD monitors.
    (C) The manufacturer may request Administrator approval to forego 
monitoring of the thermostat if the manufacturer can demonstrate that a 
malfunctioning thermostat cannot cause a measurable increase in 
emissions during any reasonable driving condition nor cause any 
disablement of other OBD monitors.
    (iii) Malfunction criteria for the ECT sensor--(A) Circuit 
integrity. The OBD system must detect malfunctions of the ECT sensor 
related to a lack of circuit continuity or out-of-range values.
    (B) Time to reach closed-loop/feedback enable temperature. The OBD 
system must detect if, within the manufacturer specified time interval 
following engine start, the ECT sensor does not achieve the highest 
stabilized minimum temperature that is needed to initiate closed-loop/
feedback control of all affected emission control systems (e.g., fuel 
system, EGR system). The manufacturer specified time interval must be a 
function of the engine coolant temperature and/or intake air temperature 
at startup. The manufacturer time interval must be supported by data 
and/or engineering analyses demonstrating that it provides robust 
monitoring and minimizes the likelihood of other OBD monitors being 
disabled. The manufacturer may forego the requirements of this paragraph 
(i)(1)(iii)(B) provided the manufacturer does not use engine coolant 
temperature or the ECT sensor to enable closed-loop/feedback control of 
any emission control systems.
    (C) Stuck in range below the highest minimum enable temperature. To 
the extent feasible when using all available information, the OBD system 
must detect a malfunction if the ECT sensor inappropriately indicates a 
temperature below the highest minimum enable temperature required by the 
OBD system to enable other monitors (e.g., an OBD system that requires 
ECT to be greater than 140 degrees Fahrenheit to enable a diagnostic 
must detect malfunctions that cause the ECT sensor to inappropriately 
indicate a temperature below 140 degrees Fahrenheit). The manufacturer 
may forego this requirement for temperature regions in which the 
monitors required under paragraphs (i)(1)(ii) or (i)(1)(iii)(B) of this

[[Page 282]]

section will detect ECT sensor malfunctions as defined in this paragraph 
(i)(1)(iii)(C).
    (D) Stuck in range above the lowest maximum enable temperature. The 
OBD system must detect a malfunction if the ECT sensor inappropriately 
indicates a temperature above the lowest maximum enable temperature 
required by the OBD system to enable other monitors (e.g., an OBD system 
that requires an engine coolant temperature less than 90 degrees 
Fahrenheit at startup prior to enabling an OBD monitor must detect 
malfunctions that cause the ECT sensor to indicate inappropriately a 
temperature above 90 degrees Fahrenheit). The manufacturer may forego 
this requirement within temperature regions in which the monitors 
required under paragraphs (i)(1)(ii), (i)(1)(iii)(B), (i)(1)(iii)(C) of 
this section will detect ECT sensor malfunctions as defined in this 
paragraph (i)(1)(iii)(D) or in which the MIL will be activated according 
to the provisions of paragraph (b)(2)(v) of this section. The 
manufacturer may also forego this monitoring within temperature regions 
where a temperature gauge on the instrument panel indicates a 
temperature in the ``red zone'' (engine overheating zone) and displays 
the same temperature information as used by the OBD system.
    (iv) Monitoring conditions for the thermostat. (A) The manufacturer 
must define the monitoring conditions for malfunctions identified in 
paragraph (i)(1)(ii)(A) of this section in accordance with paragraph (c) 
of this section. Additionally, except as provided for in paragraphs 
(i)(1)(iv)(B) and (i)(1)(iv)(C) of this section, monitoring for 
malfunctions identified in paragraph (i)(1)(ii)(A) of this section must 
be conducted once per drive cycle on every drive cycle in which the ECT 
sensor indicates, at engine start, a temperature lower than the 
temperature established as the malfunction criteria in paragraph 
(i)(1)(ii)(A) of this section.
    (B) The manufacturer may disable thermostat monitoring at ambient 
engine start temperatures below 20 degrees Fahrenheit.
    (C) The manufacturers may request Administrator approval to suspend 
or disable thermostat monitoring if the engine is subjected to 
conditions that could lead to false diagnosis. To do so, the 
manufacturer must submit data and/or engineering analyses that 
demonstrate that the suspension or disablement is necessary. In general, 
the manufacturer will not be allowed to suspend or disable the 
thermostat monitor on engine starts where the engine coolant temperature 
at engine start is more than 35 degrees Fahrenheit lower than the 
thermostat malfunction threshold temperature determined under paragraph 
(i)(1)(ii)(A) of this section.
    (v) Monitoring conditions for the ECT sensor. (A) Except as provided 
for in paragraph (i)(1)(v)(D) of this section, the OBD system must 
monitor continuously for malfunctions identified in paragraph monitoring 
for malfunctions identified in paragraph (i)(1)(iii)(A) of this section 
(i.e., circuit integrity and out-of-range).
    (B) The manufacturer must define the monitoring conditions for 
malfunctions identified in paragraph (i)(1)(iii)(B) of this section in 
accordance with paragraph (c) of this section. Additionally, except as 
provided for in paragraph (i)(1)(v)(D) of this section, monitoring for 
malfunctions identified in paragraph (i)(1)(iii)(B) of this section must 
be conducted once per drive cycle on every drive cycle in which the ECT 
sensor indicates a temperature lower than the closed-loop enable 
temperature at engine start (i.e., all engine start temperatures greater 
than the ECT sensor out-of-range low temperature and less than the 
closed-loop enable temperature).
    (C) The manufacturer must define the monitoring conditions for 
malfunctions identified in paragraphs (i)(1)(iii)(C) and (i)(1)(iii)(D) 
of this section in accordance with paragraphs (c) and (d) of this 
section.
    (D) The manufacturer may suspend or delay the monitor for the time 
to reach closed-loop enable temperature if the engine is subjected to 
conditions that could lead to false diagnosis (e.g., vehicle operation 
at idle for more than 50 to 75 percent of the warm-up time).
    (E) The manufacturer may request Administrator approval to disable 
continuous ECT sensor monitoring when an ECT sensor malfunction cannot 
be

[[Page 283]]

distinguished from other effects. To do so, the manufacturer must submit 
data and/or engineering analyses that demonstrate a properly functioning 
sensor cannot be distinguished from a malfunctioning sensor and that the 
disablement interval is limited only to that necessary for avoiding 
false detection.
    (vi) Engine cooling system MIL activation and DTC storage. The MIL 
must activate and DTCs must be stored according to the provisions of 
paragraph (b) of this section.
    (2) Crankcase ventilation (CV) system monitoring--(i) General. The 
OBD system must monitor the CV system on engines so equipped for system 
integrity. Engines not required to be equipped with CV systems are 
exempt from monitoring the CV system. For diesel engines, the 
manufacturer must submit a plan for Administrator approval prior to OBD 
certification. That plan must include descriptions of the monitoring 
strategy, malfunction criteria, and monitoring conditions for CV system 
monitoring. The plan must demonstrate that the CV system monitor is of 
equivalent effectiveness, to the extent feasible, to the malfunction 
criteria and the monitoring conditions of this paragraph (i)(2).
    (ii) Crankcase ventilation system malfunction criteria. (A) For the 
purposes of this paragraph (i)(2), ``CV system'' is defined as any form 
of crankcase ventilation system, regardless of whether it utilizes 
positive pressure. ``CV valve'' is defined as any form of valve or 
orifice used to restrict or control crankcase vapor flow. Further, any 
additional external CV system tubing or hoses used to equalize crankcase 
pressure or to provide a ventilation path between various areas of the 
engine (e.g., crankcase and valve cover) are considered part of the CV 
system ``between the crankcase and the CV valve'' and subject to the 
malfunction criteria in paragraph (i)(2)(ii)(B) of this section.
    (B) Except as provided for in paragraphs (i)(2)(ii)(C) through 
(i)(2)(ii)(E) of this section, the OBD system must detect a malfunction 
of the CV system when a disconnection of the system occurs between 
either the crankcase and the CV valve, or between the CV valve and the 
intake manifold.
    (C) The manufacturer may forego monitoring for a disconnection 
between the crankcase and the CV valve provided the CV system is 
designed such that the CV valve is fastened directly to the crankcase 
such that it is significantly more difficult to remove the CV valve from 
the crankcase than to disconnect the line between the CV valve and the 
intake manifold (taking aging effects into consideration). To do so, the 
manufacturer must be able to provide data and/or an engineering 
evaluation demonstrating that the CV system is so designed.
    (D) The manufacturer may forego monitoring for a disconnection 
between the crankcase and the CV valve provided the CV system is 
designed such that it uses tubing connections between the CV valve and 
the crankcase that are: resistant to deterioration or accidental 
disconnection; significantly more difficult to disconnect than is the 
line between the CV valve and the intake manifold; and, not subject to 
disconnection per the manufacturer's repair procedures for any non-CV 
system repair. To do so, the manufacturer must be able to provide data 
and/or engineering evaluation demonstrating that the CV system is so 
designed.
    (E) The manufacturer may forego monitoring for a disconnection 
between the CV valve and the intake manifold provided the CV system is 
designed such that any disconnection either causes the engine to stall 
immediately during idle operation, or is unlikely to occur due to a CV 
system design that is integral to the induction system (e.g., machined 
passages rather than tubing or hoses). To do so, the manufacturer must 
be able to provide data and/or an engineering evaluation demonstrating 
that the CV system is so designed.
    (iii) Crankcase ventilation system monitoring conditions. The 
manufacturer must define the monitoring conditions for malfunctions 
identified in paragraph (i)(2) of this section in accordance with 
paragraphs (c) and (d) of this section.
    (iv) Crankcase ventilation system MIL activation and DTC storage. 
The MIL must activate and DTCs must be stored

[[Page 284]]

according to the provisions of paragraph (b) of this section. The stored 
DTC need not identify specifically the CV system (e.g., a DTC for idle 
speed control or fuel system monitoring can be stored) if the 
manufacturer can demonstrate that additional monitoring hardware is 
necessary to make such an identification and provided the manufacturer's 
diagnostic and repair procedures for the detected malfunction include 
directions to check the integrity of the CV system.
    (3) Comprehensive component monitoring--(i) General. Except as 
provided for in paragraph (i)(4) of this section, the OBD system must 
detect a malfunction of any electronic engine component or system not 
otherwise described in paragraphs (g), (h), (i)(1), and (i)(2) of this 
section that either provides input to (directly or indirectly, such 
components may include the crank angle sensor, knock sensor, throttle 
position sensor, cam position sensor, intake air temperature sensor, 
boost pressure sensor, manifold pressure sensor, mass air flow sensor, 
exhaust temperature sensor, exhaust pressure sensor, fuel pressure 
sensor, fuel composition sensor of a flexible fuel vehicle, etc.) or 
receives commands from (such components or systems may include the idle 
speed control system, glow plug system, variable length intake manifold 
runner systems, supercharger or turbocharger electronic components, 
heated fuel preparation systems, the wait-to-start lamp on diesel 
applications, the MIL, etc.) the onboard computer(s) and meets either of 
the criteria described in paragraphs (i)(3)(i)(A) and/or (i)(3)(i)(B) of 
this section. Note that, for the purposes of this paragraph (i)(3), 
``electronic engine component or system'' does not include components 
that are driven by the engine and are not related to the control of the 
fueling, air handling, or emissions of the engine (e.g., PTO components, 
air conditioning system components, and power steering components).
    (A) It can cause emissions to exceed applicable emission standards. 
To preclude monitoring, the manufacturer must be able to provide 
emission data showing that the component or system, when malfunctioning 
and installed on a suitable test engine, does not cause emissions to 
exceed the emission standards.
    (B) It is used as part of the monitoring strategy for any other 
monitored system or component.
    (ii) Comprehensive component malfunction criteria for input 
components. (A) The OBD system must detect malfunctions of input 
components caused by a lack of circuit continuity and out-of-range 
values. In addition, where feasible, rationality checks must also be 
done and shall verify that a sensor output is neither inappropriately 
high nor inappropriately low (i.e., ``two-sided'' monitoring).
    (B) To the extent feasible, the OBD system must separately detect 
and store different DTCs that distinguish rationality malfunctions from 
lack of circuit continuity and out-of-range malfunctions. For lack of 
circuit continuity and out-of-range malfunctions, the OBD system must, 
to the extent feasible, separately detect and store different DTCs for 
each distinct malfunction (e.g., out-of-range low, out-of-range high, 
open circuit). The OBD system is not required to store separate DTCs for 
lack of circuit continuity malfunctions that cannot be distinguished 
from other out-of-range circuit malfunctions.
    (C) For input components that are used to activate alternative 
strategies that can affect emissions (e.g., AECDs, engine shutdown 
systems), the OBD system must conduct rationality checks to detect 
malfunctions that cause the system to activate erroneously or deactivate 
the alternative strategy. To the extent feasible when using all 
available information, the rationality check must detect a malfunction 
if the input component inappropriately indicates a value that activates 
or deactivates the alternative strategy. For example, for an alternative 
strategy that activates when the intake air temperature is greater than 
120 degrees Fahrenheit, the OBD system must detect malfunctions that 
cause the intake air temperature sensor to indicate inappropriately a 
temperature above 120 degrees Fahrenheit.
    (D) For engines that require precise alignment between the camshaft 
and the crankshaft, the OBD system must

[[Page 285]]

monitor the crankshaft position sensor(s) and camshaft position 
sensor(s) to verify proper alignment between the camshaft and crankshaft 
in addition to monitoring the sensors for circuit continuity and proper 
rationality. Proper alignment monitoring between a camshaft and a 
crankshaft is required only in cases where both are equipped with 
position sensors. For engines equipped with VVT systems and a timing 
belt or chain, the OBD system must detect a malfunction if the alignment 
between the camshaft and crankshaft is off by one or more cam/crank 
sprocket cogs (e.g., the timing belt/chain has slipped by one or more 
teeth/cogs). If a manufacturer demonstrates that a single tooth/cog 
misalignment cannot cause a measurable increase in emissions during any 
reasonable driving condition, the OBD system must detect a malfunction 
when the minimum number of teeth/cogs misalignment has occurred that 
does cause a measurable emission increase.
    (iii) Comprehensive component malfunction criteria for output 
components/systems. (A) The OBD system must detect a malfunction of an 
output component/system when proper functional response does not occur 
in response to computer commands. If such a functional check is not 
feasible, the OBD system must detect malfunctions of output components/
systems caused by a lack of circuit continuity or circuit malfunction 
(e.g., short to ground or high voltage). For output component lack of 
circuit continuity malfunctions and circuit malfunctions, the OBD system 
is not required to store different DTCs for each distinct malfunction 
(e.g., open circuit, shorted low). Manufacturers are not required to 
activate an output component/system when it would not normally be active 
for the sole purpose of performing a functional check of it as required 
in this paragraph (i)(3).
    (B) For gasoline engines, the idle control system must be monitored 
for proper functional response to computer commands. For gasoline 
engines using monitoring strategies based on deviation from target idle 
speed, a malfunction must be detected when either of the following 
conditions occurs: The idle speed control system cannot achieve the 
target idle speed within 200 revolutions per minute (rpm) above the 
target speed or 100 rpm below the target speed; or, the idle speed 
control system cannot achieve the target idle speed within the smallest 
engine speed tolerance range required by the OBD system to enable any 
other monitors. Regarding the former of these conditions, the 
manufacturer may use larger engine speed tolerances. To do so, the 
manufacturer must be able to provide data and/or engineering analyses 
that demonstrate that the tolerances can be exceeded without a 
malfunction being present.
    (C) For diesel engines, the idle control system must be monitored 
for proper functional response to computer commands. For diesel engines, 
a malfunction must be detected when either of the following conditions 
occurs: the idle fuel control system cannot achieve the target idle 
speed or fuel injection quantity within 50 percent 
of the manufacturer-specified fuel quantity and engine speed tolerances; 
or, the idle fuel control system cannot achieve the target idle speed or 
fueling quantity within the smallest engine speed or fueling quantity 
tolerance range required by the OBD system to enable any other monitors.
    (D) For model years 2010 through 2012, glow plugs must be monitored 
for circuit continuity malfunctions. For model years 2010 and later, 
intake air heater systems and, for model years 2013 and later, glow 
plugs must be monitored for proper functional response to computer 
commands and for circuit continuity malfunctions. The glow plug/intake 
air heater circuit(s) must be monitored for proper current and voltage 
drop. The manufacturer may use other monitoring strategies but must be 
able to provide data and/or engineering analyses that demonstrate 
reliable and timely detection of malfunctions. The OBD system must also 
detect a malfunction when a single glow plug no longer operates within 
the manufacturer's specified limits for normal operation. If a 
manufacturer can demonstrate that a single glow plug malfunction cannot 
cause a measurable increase in emissions during any reasonable driving 
condition, the OBD

[[Page 286]]

system must instead detect a malfunction when the number of glow plugs 
needed to cause an emission increase is malfunctioning. To the extent 
feasible, the stored DTC must identify the specific malfunctioning glow 
plug(s).
    (E) The wait-to-start lamp circuit and the MIL circuit must be 
monitored for malfunctions that cause either lamp to fail to activate 
when commanded to do so (e.g., burned out bulb). This monitoring of the 
wait-to-start lamp circuit and the MIL circuit is not required for wait-
to-start lamps and MILs using light-emitting diodes (LEDs).
    (iv) Monitoring conditions for input components. (A) The OBD system 
must monitor input components continuously for out-of-range values and 
circuit continuity. The manufacturer may disable continuous monitoring 
for circuit continuity and out-of-range values when a malfunction cannot 
be distinguished from other effects. To do so, the manufacturer must be 
able to provide data and/or engineering analyses that demonstrate that a 
properly functioning input component cannot be distinguished from a 
malfunctioning input component and that the disablement interval is 
limited only to that necessary for avoiding false malfunction detection.
    (B) For input component rationality checks (where applicable), the 
manufacturer must define the monitoring conditions for detecting 
malfunctions in accordance with paragraphs (c) and (d) of this section, 
with the exception that rationality checks must occur every time the 
monitoring conditions are met during the drive cycle rather than once 
per drive cycle as required in paragraph (c)(2) of this section.
    (v) Monitoring conditions for output components/systems. (A) The OBD 
system must monitor output components/systems continuously for circuit 
continuity and circuit malfunctions. The manufacturer may disable 
continuous monitoring for circuit continuity and circuit malfunctions 
when a malfunction cannot be distinguished from other effects. To do so, 
the manufacturer must be able to provide data and/or engineering 
analyses that demonstrate that a properly functioning output component/
system cannot be distinguished from a malfunctioning one and that the 
disablement interval is limited only to that necessary for avoiding 
false malfunction detection.
    (B) For output component/system functional checks, the manufacturer 
must define the monitoring conditions for detecting malfunctions in 
accordance with paragraphs (c) and (d) of this section. Specifically for 
the idle control system, the manufacturer must define the monitoring 
conditions for detecting malfunctions in accordance with paragraphs (c) 
and (d) of this section, with the exception that functional checks must 
occur every time the monitoring conditions are met during the drive 
cycle rather than once per drive cycle as required in paragraph (c)(2) 
of this section.
    (vi) Comprehensive component MIL activation and DTC storage. (A) 
Except as provided for in paragraphs (i)(3)(vi)(B) and (i)(3)(vi)(C) of 
this section, the MIL must activate and DTCs must be stored according to 
the provisions of paragraph (b) of this section.
    (B) The MIL need not be activated in conjunction with storing a MIL-
on DTC for any comprehensive component if: the component or system, when 
malfunctioning, could not cause engine emissions to increase by 15 
percent or more of the applicable FTP standard during any reasonable 
driving condition; or, the component or system is not used as part of 
the monitoring strategy for any other system or component that is 
required to be monitored.
    (C) The MIL need not be activated if a malfunction has been detected 
in the MIL circuit that prevents the MIL from activating (e.g., burned 
out bulb or light-emitting diode, LED). Nonetheless, the electronic MIL 
status (see paragraph (k)(4)(ii) of this section) must be reported as 
MIL commanded-on and a MIL-on DTC must be stored.
    (4) Other emission control system monitoring--(i) General. For other 
emission control systems that are either not addressed in paragraphs (g) 
through (i)(3) of this section (e.g., hydrocarbon traps, homogeneous 
charge compression ignition control systems), or addressed in paragraph 
(i)(3) of this section but not corrected or compensated for by an 
adaptive control system (e.g., swirl

[[Page 287]]

control valves), the manufacturer must submit a plan for Administrator 
approval of the monitoring strategy, malfunction criteria, and 
monitoring conditions prior to introduction on a production engine. The 
plan must demonstrate the effectiveness of the monitoring strategy, the 
malfunction criteria used, the monitoring conditions required by the 
monitor, and, if applicable, the determination that the requirements of 
paragraph (i)(4)(ii) of this section are satisfied.
    (ii) For engines that use emission control systems that alter intake 
air flow or cylinder charge characteristics by actuating valve(s), 
flap(s), etc., in the intake air delivery system (e.g., swirl control 
valve systems), the manufacturer, in addition to meeting the 
requirements of paragraph (i)(4)(i) of this section, may elect to have 
the OBD system monitor the shaft to which all valves in one intake bank 
are physically attached rather than performing a functional check of the 
intake air flow, cylinder charge, or individual valve(s)/flap(s). For 
non-metal shafts or segmented shafts, the monitor must verify all shaft 
segments for proper functional response (e.g., by verifying that the 
segment or portion of the shaft farthest from the actuator functions 
properly). For systems that have more than one shaft to operate valves 
in multiple intake banks, the manufacturer is not required to add more 
than one set of detection hardware (e.g., sensor, switch) per intake 
bank to meet this requirement.
    (5) Exceptions to OBD monitoring requirements. (i) The Administrator 
may revise the PM filtering performance malfunction criteria for DPFs to 
exclude detection of specific failure modes such as partially melted 
substrates, if the most reliable monitoring method developed requires 
it.
    (ii) The manufacturer may disable an OBD system monitor at ambient 
engine start temperatures below 20 degrees Fahrenheit (low ambient 
temperature conditions may be determined based on intake air or engine 
coolant temperature at engine start) or at elevations higher than 8,000 
feet above sea level. To do so, the manufacturer must submit data and/or 
engineering analyses that demonstrate that monitoring is unreliable 
during the disable conditions. A manufacturer may request that an OBD 
system monitor be disabled at other ambient engine start temperatures by 
submitting data and/or engineering analyses demonstrating that 
misdiagnosis would occur at the given ambient temperatures due to their 
effect on the component itself (e.g., component freezing).
    (iii) The manufacturer may disable an OBD system monitor when the 
fuel level is 15 percent or less of the nominal fuel tank capacity for 
those monitors that can be affected by low fuel level or running out of 
fuel (e.g., misfire detection). To do so, the manufacturer must submit 
data and/or engineering analyses that demonstrate that monitoring at the 
given fuel levels is unreliable, and that the OBD system is still able 
to detect a malfunction if the component(s) used to determine fuel level 
indicates erroneously a fuel level that causes the disablement.
    (iv) The manufacturer may disable OBD monitors that can be affected 
by engine battery or system voltage levels.
    (A) For an OBD monitor affected by low vehicle battery or system 
voltages, manufacturers may disable monitoring when the battery or 
system voltage is below 11.0 Volts. The manufacturer may use a voltage 
threshold higher than 11.0 Volts to disable monitors but must submit 
data and/or engineering analyses that demonstrate that monitoring at 
those voltages is unreliable and that either operation of a vehicle 
below the disablement criteria for extended periods of time is unlikely 
or the OBD system monitors the battery or system voltage and will detect 
a malfunction at the voltage used to disable other monitors.
    (B) For an OBD monitor affected by high engine battery or system 
voltages, the manufacturer may disable monitoring when the battery or 
system voltage exceeds a manufacturer-defined voltage. To do so, the 
manufacturer must submit data and/or engineering analyses that 
demonstrate that monitoring above the manufacturer-defined voltage is 
unreliable and that either the electrical charging system/alternator 
warning light will be activated (or voltage gauge would be in

[[Page 288]]

the ``red zone'') or the OBD system monitors the battery or system 
voltage and will detect a malfunction at the voltage used to disable 
other monitors.
    (v) The manufacturer may also disable affected OBD monitors in 
systems designed to accommodate the installation of power take off (PTO) 
units provided monitors are disabled only while the PTO unit is active 
and the OBD readiness status (see paragraph (k)(4)(i) of this section) 
is cleared by the onboard computer (i.e., all monitors set to indicate 
``not complete'' or ``not ready'') while the PTO unit is activated. If 
monitors are so disabled and when the disablement ends, the readiness 
status may be restored to its state prior to PTO activation.
    (6) Feedback control system monitoring. If the engine is equipped 
with feedback control of any of the systems covered in paragraphs (g), 
(h) and (i) of this section, then the OBD system must detect as 
malfunctions the conditions specified in this paragraph (i)(6) for each 
of the individual feedback controls.
    (i) The OBD system must detect when the system fails to begin 
feedback control within a manufacturer specified time interval.
    (ii) When any malfunction or deterioration causes open loop or limp-
home operation.
    (iii) When feedback control has used up all of the adjustment 
allowed by the manufacturer.
    (iv) A manufacturer may temporarily disable monitoring for 
malfunctions specified in paragraph (i)(6)(iii) of this section during 
conditions that the specific monitor cannot distinguish robustly between 
a malfunctioning system and a properly operating system. To do so, the 
manufacturer is required to submit data and/or engineering analyses 
demonstrating that the individual feedback control system, when 
operating as designed on an engine with all emission controls working 
properly, routinely operates during these conditions while having used 
up all of the adjustment allowed by the manufacturer. In lieu of 
detecting, with a system specific monitor, the malfunctions specified in 
paragraphs (i)(6)(i) and (i)(6)(ii) of this section the OBD system may 
monitor the individual parameters or components that are used as inputs 
for individual feedback control systems provided that the monitors 
detect all malfunctions that meet the criteria of paragraphs (i)(6)(i) 
and (i)(6)(ii) of this section.
    (j) Production evaluation testing--(1) Verification of 
standardization requirements. (i) For model years 2013 and later, the 
manufacturer must perform testing to verify that production vehicles 
meet the requirements of paragraphs (k)(3) and (k)(4) of this section 
relevant to the proper communication of required emissions-related 
messages to a SAE J1978 or SAE J1939 (both as specified in paragraph 
(k)(1) of this section) scan tool.
    (ii) Selection of test vehicles. (A) The manufacturer must perform 
this testing every model year on ten unique production vehicles (i.e., 
engine rating and chassis application combination) per engine family. If 
there are less than ten unique production vehicles for a certain engine 
family, the manufacturer must test each unique production vehicle in 
that engine family. The manufacturer must perform this testing within 
either three months of the start of engine production or one month of 
the start of vehicle production, whichever is later. The manufacturer 
may request approval to group multiple production vehicles together and 
test one representative vehicle per group. To do so, the software and 
hardware designed to comply with the standardization requirements of 
paragraph (k)(1) of this section (e.g., communication protocol message 
timing, number of supported data stream parameters, engine and vehicle 
communication network architecture) in the representative vehicle must 
be identical to all others in the group and any differences in the 
production vehicles cannot be relevant with respect to meeting the 
criteria of paragraph (j)(1)(iv) of this section.
    (B) For 2016 and subsequent model years, the required number of 
vehicles to be tested shall be reduced to five per engine family 
provided zero vehicles fail the testing required by paragraph (j)(1) of 
this section for two consecutive years.
    (C) For 2019 and subsequent model years, the required number of 
vehicles to be tested shall be reduced to three

[[Page 289]]

per engine family provided zero vehicles fail the testing required by 
paragraph (j)(1) of this section for three consecutive years.
    (D) The requirement for submittal of data from one or more of the 
production vehicles shall be waived if data have been submitted 
previously for all of the production vehicles. The manufacturer may 
request approval to carry over data collected in previous model years. 
To do so, the software and hardware designed to comply with the 
standardization requirements of paragraph (k)(1) of this section must be 
identical to the previous model year and there must not have been other 
hardware or software changes that affect compliance with the 
standardization requirements.
    (iii) Test equipment. For the testing required by paragraph (j)(1) 
of this section, the manufacturer shall use an off-board device to 
conduct the testing. The manufacturer must be able to show that the off-
board device is able to verify that the vehicles tested using the device 
are able to perform all of the required functions in paragraph 
(j)(1)(iv) of this section with any other off-board device designed and 
built in accordance with the SAE J1978 or SAE J1939 (both as specified 
in paragraph (k)(1) of this section) generic scan tool specifications.
    (iv) Required testing. The testing must verify that communication 
can be established properly between all emission-related on-board 
computers and a SAE J1978 or SAE J1939 (both as specified in paragraph 
(k)(1) of this section) scan tool designed to adhere strictly to the 
communication protocols allowed in paragraph (k)(3) of this section. The 
testing must also verify that all emission-related information is 
communicated properly between all emission-related on-board computers 
and a SAE J1978 or SAE J1939 (both as specified in paragraph (k)(1) of 
this section) scan tool in accordance with the requirements of paragraph 
(k)(1) of this section and the applicable ISO and SAE specifications 
including specifications for physical layer, network layer, message 
structure, and message content. The testing must also verify that the 
onboard computer(s) can properly respond to a SAE J1978 or SAE J1939 
(both as specified in paragraph (k)(1) of this section) scan tool 
request to clear emissions-related DTCs and reset the ready status in 
accordance with paragraph (k)(4)(ix) of this section. The testing must 
further verify that the following information can be properly 
communicated to a SAE J1978 or SAE J1939 (both as specified in paragraph 
(k)(1) of this section) scan tool:
    (A) The current ready status from all onboard computers required to 
support ready status in accordance with SAE J1978 or SAE J1939-73 (both 
as specified in paragraph (k)(1) of this section) and paragraph 
(k)(4)(i) of this section in the key-on, engine-off position and while 
the engine is running.
    (B) The MIL command status while a deactivated MIL is commanded and 
while an activated MIL is commanded in accordance with SAE J1979 or SAE 
J1939 (both as specified in paragraph (k)(1) of this section) and 
paragraph (k)(4)(ii) of this section in the key-on, engine-off position 
and while the engine is running, and in accordance with SAE J1979 or SAE 
J1939 (both as specified in paragraph (k)(1) of this section) and 
paragraphs (b)(1)(ii) of this section during the MIL functional check, 
if applicable, and, if applicable, (k)(4)(i)(C) of this section during 
the MIL ready status check while the engine is off.
    (C) All data stream parameters required in paragraph (k)(4)(ii) of 
this section in accordance with SAE J1979 or SAE J1939 (both as 
specified in paragraph (k)(1) of this section) including, if applicable, 
the proper identification of each data stream parameter as supported in 
SAE J1979 (e.g., Mode/Service $01, PID $00).
    (D) The CAL ID, CVN, and VIN as required by paragraphs (k)(4)(vi), 
(k)(4)(vii), and (k)(4)(viii) of this section and in accordance with SAE 
J1979 or SAE J1939 (both as specified in paragraph (k)(1) of this 
section).
    (E) An emissions-related DTC (permanent, pending, MIL-on, previous-
MIL-on) in accordance with SAE J1979 or SAE J1939-73 (both as specified 
in paragraph (k)(1) of this section) including the correct indication of 
the number of stored DTCs (e.g., Mode/Service $01, PID $01, Data A for 
SAE J1979 (as

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specified in paragraph (k)(1) of this section)) and paragraph (k)(4)(iv) 
of this section.
    (v) Reporting of results. The manufacturer must submit to the 
Administrator the following, based on the results of the testing 
required by paragraph (j)(1)(iv) of this section:
    (A) If a variant meets all the requirements of paragraph (j)(1)(iv) 
of this section, a statement specifying that the variant passed all the 
tests. Upon request from the Administrator, the detailed results of any 
such testing may have to be submitted.
    (B) If any variant does not meet the requirements paragraph 
(j)(1)(iv) of this section, a written report detailing the problem(s) 
identified and the manufacturer's proposed corrective action (if any) to 
remedy the problem(s). This report must be submitted within one month of 
testing the specific variant. The Administrator will consider the 
proposed remedy and, if in disagreement, will work with the manufacturer 
to propose an alternative remedy. Factors to be considered by the 
Administrator in considering the proposed remedy will include the 
severity of the problem(s), the ability of service technicians to access 
the required diagnostic information, the impact on equipment and tool 
manufacturers, and the amount of time prior to implementation of the 
proposed corrective action.
    (vi) Alternative testing protocols. Manufacturers may request 
approval to use other testing protocols. To do so, the manufacturer must 
demonstrate that the alternative testing methods and equipment will 
provide an equivalent level of verification of compliance with the 
standardization requirements as is required by paragraph (j)(1) of this 
section.
    (2) Verification of monitoring requirements. (i) Within either the 
first six months of the start of engine production or the first three 
months of the start of vehicle production, whichever is later, the 
manufacturer must conduct a complete evaluation of the OBD system of one 
or more production vehicles (test vehicles) and submit the results of 
the evaluation to the Administrator.
    (ii) Selection of test vehicles. (A) For each engine selected for 
monitoring system demonstration in paragraph (l) of this section, the 
manufacturer must evaluate one production vehicle equipped with an 
engine from the same engine family and rating as the demonstration 
engine. The vehicle selection must be approved by the Administrator.
    (B) If the manufacturer is required to test more than one test 
vehicle, the manufacturer may test an engine in lieu of a vehicle for 
all but one of the required test vehicles.
    (C) The requirement for submittal of data from one or more of the 
test vehicles may be waived if data have been submitted previously for 
all of the engine ratings and variants.
    (iii) Evaluation requirements. (A) The evaluation must demonstrate 
the ability of the OBD system on the selected test vehicle to detect a 
malfunction, activate the MIL, and, where applicable, store an 
appropriate DTC readable by a scan tool when a malfunction is present 
and the monitoring conditions have been satisfied for each individual 
monitor required by this section. For model years 2013 and later, the 
evaluation must demonstrate the ability of the OBD system on the 
selected test vehicle to detect a malfunction, activate the MIL, and, 
where applicable, store an appropriate DTC readable by a SAE J1978 or 
SAE J1939 (both as specified in paragraph (k)(1) of this section) scan 
tool when a malfunction is present and the monitoring conditions have 
been satisfied for each individual monitor required by this section.
    (B) The evaluation must verify that the malfunction of any component 
used to enable another OBD monitor but that does not itself result in 
MIL activation (e.g., fuel level sensor) will not inhibit the ability of 
other OBD monitors to detect malfunctions properly.
    (C) The evaluation must verify that the software used to track the 
numerator and denominator for the purpose of determining in-use 
monitoring frequency increments as required by paragraph (d)(2) of this 
section.
    (D) Malfunctions may be implanted mechanically or simulated 
electronically, but internal onboard computer hardware or software 
changes shall not

[[Page 291]]

be used to simulate malfunctions. For monitors that are required to 
indicate a malfunction before emissions exceed an emission threshold, 
manufacturers are not required to use malfunctioning components/systems 
set exactly at their malfunction criteria limits. Emission testing is 
not required to confirm that the malfunction is detected before the 
appropriate emission thresholds are exceeded.
    (E) The manufacturer must submit a proposed test plan for approval 
prior to performing evaluation testing. The test plan must identify the 
method used to induce a malfunction for each monitor.
    (F) If the demonstration of a specific monitor cannot be reasonably 
performed without causing physical damage to the test vehicle (e.g., 
onboard computer internal circuit malfunctions), the manufacturer may 
omit the specific demonstration.
    (G) For evaluation of test vehicles selected in accordance with 
paragraph (j)(2)(ii) of this section, the manufacturer is not required 
to demonstrate monitors that were demonstrated prior to certification as 
required in paragraph (l) of this section.
    (iv) The manufacturer must submit a report of the results of all 
testing conducted as required by paragraph (j)(2) of this section. The 
report must identify the method used to induce a malfunction in each 
monitor, the MIL activation status, and the DTC(s) stored.
    (3) Verification of in-use monitoring performance ratios. (i) The 
manufacturer must collect and report in-use monitoring performance data 
representative of production vehicles (i.e., engine rating and chassis 
application combination). The manufacturer must collect and report the 
data to the Administrator within 12 months after the first production 
vehicle was first introduced into commerce.
    (ii) The manufacturer must separate production vehicles into the 
monitoring performance groups and submit data that represents each of 
these groups. The groups shall be based on the following criteria:
    (A) Emission control system architecture. All engines that use the 
same or similar emissions control system architecture (e.g., EGR with 
DPF and SCR; EGR with DPF and NOX adsorber; EGR with DPF-
only) and associated monitoring system would be in the same emission 
architecture category.
    (B) Vehicle application type. Within an emission architecture 
category, engines shall be separated into one of three vehicle 
application types: Engines intended primarily for line-haul chassis 
applications, engines intended primarily for urban delivery chassis 
applications, and all other engines.
    (iii) The manufacturer may use an alternative grouping method to 
collect representative data. To do so, the manufacturer must show that 
the alternative groups include production vehicles using similar 
emission controls, OBD strategies, monitoring condition calibrations, 
and vehicle application driving/usage patterns such that they are 
expected to have similar in-use monitoring performance. The manufacturer 
will still be required to submit one set of data for each of the 
alternative groups.
    (iv) For each monitoring performance group, the data must include 
all of the in-use performance tracking data (i.e., all numerators, 
denominators, the general denominator, and the ignition cycle counter), 
the date the data were collected, the odometer reading, the VIN, and the 
calibration ID. For model years 2013 and later, for each monitoring 
performance group, the data must include all of the in-use performance 
tracking data reported through SAE J1979 or SAE J1939 (both as specified 
in paragraph (k)(1) of this section; i.e., all numerators, denominators, 
the general denominator, and the ignition cycle counter), the date the 
data were collected, the odometer reading, the VIN, and the calibration 
ID.
    (v) The manufacturer must submit a plan to the Administrator that 
details the types of production vehicles in each monitoring performance 
group, the number of vehicles per group to be sampled, the sampling 
method, the timeline to collect the data, and the reporting format. The 
plan must provide for effective collection of data from, at least, 15 
vehicles per monitoring performance group and provide for data that 
represent a broad range of temperature conditions. The plan shall not, 
by design, exclude or include specific vehicles in an attempt to collect

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data only from vehicles expected to have the highest in-use performance 
ratios.
    (vi) The 12 month deadline for reporting may be extended to 18 
months if the manufacturer can show that the delay is justified. In such 
a case, an interim report of progress to date must be submitted within 
the 12 month deadline.
    (k) Standardization requirements--(1) Reference materials. The 
following documents are incorporated by reference, see Sec. 86.1. 
Anyone may inspect copies at the U.S. EPA or at the National Archives 
and Records Administration (NARA). For information on the availability 
of this material at U.S. EPA, NARA, or the standard making bodies 
directly, refer to Sec. 86.1.
    (i) SAE J1930, Revised April 2002.
    (ii) SAE J1939, Revised October 2007.
    (iii) SAE J1939-13, Revised March 2004, for model years 2013 and 
later.
    (iv) SAE J1939-73, Revised September 2006.
    (v) SAE J1962, Revised April 2002, for model years 2013 and later.
    (vi) SAE J1978, Revised April 2002.
    (vii) SAE J1979, Revised May 2007.
    (viii) SAE J2012, Revised April 2002.
    (ix) SAE J2403, Revised August 2007.
    (x) ISO 15765-4:2005(E), January 15, 2005.
    (2) Diagnostic connector. For model years 2010 through 2012, the 
manufacturer defined data link connector must be accessible to a trained 
service technician. For model years 2013 and later, a standard data link 
connector conforming to SAE J1962 (as specified in paragraph (k)(1) of 
this section) or SAE J1939-13 (as specified in paragraph (k)(1) of this 
section) specifications (except as provided for in paragraph (k)(2)(iii) 
if this section) must be included in each vehicle.
    (i) For model years 2013 and later, the connector must be located in 
the driver's side foot-well region of the vehicle interior in the area 
bound by the driver's side of the vehicle and the driver's side edge of 
the center console (or the vehicle centerline if the vehicle does not 
have a center console) and at a location no higher than the bottom of 
the steering wheel when in the lowest adjustable position. The connector 
shall not be located on or in the center console (i.e., neither on the 
horizontal faces near the floor-mounted gear selector, parking brake 
lever, or cup-holders nor on the vertical faces near the car stereo, 
climate system, or navigation system controls). The location of the 
connector shall be capable of being easily identified and accessed 
(e.g., to connect an off-board tool). For vehicles equipped with a 
driver's side door, the connector must be identified and accessed easily 
by someone standing (or ``crouched'') on the ground outside the driver's 
side of the vehicle with the driver's side door open. The Administrator 
may approve an alternative location upon request from the manufacturer. 
In all cases, the installation position of the connector must be both 
identified and accessed easily by someone standing outside the vehicle 
and protected from accidental damage during normal vehicle use.
    (ii) For model years 2013 and later, if the connector is covered, 
the cover must be removable by hand without the use of any tools and be 
labeled ``OBD'' to aid technicians in identifying the location of the 
connector. Access to the diagnostic connector shall not require opening 
or the removal of any storage accessory (e.g., ashtray, coinbox). The 
label must clearly identify that the connector is located behind the 
cover and is consistent with language and/or symbols commonly used in 
the automobile and/or heavy truck industry.
    (iii) For model years 2013 and later, if the ISO 15765-4:2005(E) (as 
specified in paragraph (k)(1) of this section) communication protocol is 
used for the required OBD standardized functions, the connector must 
meet the ``Type A'' specifications of SAE J1962 (as specified in 
paragraph (k)(1) of this section). Any pins in the connector that 
provide electrical power must be properly fused to protect the integrity 
and usefulness of the connector for diagnostic purposes and shall not 
exceed 20.0 Volts DC regardless of the nominal vehicle system or battery 
voltage (e.g., 12V, 24V, 42V).
    (iv) For model years 2013 and later, if the SAE J1939 (as specified 
in paragraph (k)(1) of this section) protocol is used for the required 
OBD standardized functions, the connector must meet the

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specifications of SAE J1939-13 (as specified in paragraph (k)(1) of this 
section). Any pins in the connector that provide electrical power must 
be properly fused to protect the integrity and usefulness of the 
connector for diagnostic purposes.
    (v) For model years 2013 and later, the manufacturer may equip 
engines/vehicles with additional diagnostic connectors for manufacturer-
specific purposes (i.e., purposes other than the required OBD 
functions). However, if the additional connector conforms to the ``Type 
A'' specifications of SAE J1962 (as specified in paragraph (k)(1) of 
this section) or the specifications of SAE J1939-13 (as specified in 
paragraph (k)(1) of this section) and is located in the vehicle interior 
near the required connector as described in this paragraph (k)(2), the 
connector(s) must be labeled clearly to identify which connector is used 
to access the standardized OBD information required by paragraph (k) of 
this section.
    (3) Communications to a scan tool. For model years 2013 and later, 
all OBD control modules (e.g., engine, auxiliary emission control 
module) on a single vehicle must use the same protocol for communication 
of required emission-related messages from on-board to off-board network 
communications to a scan tool meeting SAE J1978 (as specified in 
paragraph (k)(1) of this section) specifications or designed to 
communicate with an SAE J1939 (as specified in paragraph (k)(1) of this 
section) network. Engine manufacturers shall not alter normal operation 
of the engine emission control system due to the presence of off-board 
test equipment accessing information required by this paragraph (k). The 
OBD system must use one of the following standardized protocols:
    (i) ISO 15765-4:2005(E) (as specified in paragraph (k)(1) of this 
section). All required emission-related messages using this protocol 
must use a 500 kbps baud rate.
    (ii) SAE J1939 (as specified in paragraph (k)(1) of this section). 
This protocol may only be used on vehicles with diesel engines.
    (4) Required emission related functions. The following functions 
must be implemented and must be accessible by, at a minimum, a 
manufacturer scan tool. For model years 2013 and later, the following 
standardized functions must be implemented in accordance with the 
specifications in SAE J1979 (as specified in paragraph (k)(1) of this 
section) or SAE J1939 (as specified in paragraph (k)(1) of this section) 
to allow for access to the required information by a scan tool meeting 
SAE J1978 (as specified in paragraph (k)(1) of this section) 
specifications or designed to communicate with an SAE J1939 (as 
specified in paragraph (k)(1) of this section) network:
    (i) Ready status. The OBD system must indicate, in accordance with 
SAE J1979 or SAE J1939-73 (both as specified in paragraph (k)(1) of this 
section) specifications for model years 2013 and later, ``complete'' or 
``not complete'' for each of the installed monitored components and 
systems identified in paragraphs (g), (h) with the exception of (h)(4), 
and (i)(3) of this section. All components or systems identified in 
paragraphs (h)(1), (h)(2), or (i)(3) of this section that are monitored 
continuously must always indicate ``complete.'' Components or systems 
that are not subject to being monitored continuously must immediately 
indicate ``complete'' upon the respective monitor(s) being executed 
fully and determining that the component or system is not 
malfunctioning. A component or system must also indicate ``complete'' 
if, after the requisite number of decisions necessary for determining 
MIL status has been executed fully, the monitor indicates a malfunction 
of the component or system. The status for each of the monitored 
components or systems must indicate ``not complete'' whenever diagnostic 
memory has been cleared or erased by a means other than that allowed in 
paragraph (b) of this section. Normal vehicle shut down (i.e., key-off/
engine-off) shall not cause the status to indicate ``not complete.''
    (A) The manufacturer may request that the ready status for a monitor 
be set to indicate ``complete'' without the monitor having completed if 
monitoring is disabled for a multiple number of drive cycles due to the 
continued presence of extreme operating conditions (e.g., cold ambient 
temperatures, high altitudes). Any such request must

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specify the conditions for monitoring system disablement and the number 
of drive cycles that would pass without monitor completion before ready 
status would be indicated as ``complete.''
    (B) For the evaporative system monitor, the ready status must be set 
in accordance with this paragraph (k)(4)(i) when both the functional 
check of the purge valve and, if applicable, the leak detection monitor 
of the hole size specified in paragraph (h)(7)(ii)(B) of this section 
indicate that they are complete.
    (C) If the manufacturer elects to indicate ready status through the 
MIL in the key-on/engine-off position as provided for in paragraph 
(b)(1)(iii) of this section, the ready status must be indicated in the 
following manner: If the ready status for all monitored components or 
systems is ``complete,'' the MIL shall remain continuously activated in 
the key-on/engine-off position for at least 10-20 seconds. If the ready 
status for one or more of the monitored components or systems is ``not 
complete,'' after at least 5 seconds of operation in the key-on/engine-
off position with the MIL activated continuously, the MIL shall blink 
once per second for 5-10 seconds. The data stream value for MIL status 
as required in paragraph (k)(4)(ii) of this section must indicate 
``commanded off'' during this sequence unless the MIL has also been 
``commanded on'' for a detected malfunction.
    (ii) Data stream. For model years 2010 through 2012, the following 
signals must be made available on demand through the data link 
connector. For model years 2013 and later, the following signals must be 
made available on demand through the standardized data link connector in 
accordance with SAE J1979 or SAE J1939 (both as specified in paragraph 
(k)(1) of this section) specifications. The actual signal value must 
always be used instead of a limp home value. Data link signals may 
report an error state or other predefined status indicator if they are 
defined for those signals in the SAE J1979 or SAE J1939 (both as 
specified in paragraph (k)(1) of this section) specifications.
    (A) For gasoline engines. (1) Calculated load value, engine coolant 
temperature, engine speed, vehicle speed, and time elapsed since engine 
start.
    (2) Absolute load, fuel level (if used to enable or disable any 
other monitors), barometric pressure (directly measured or estimated), 
engine control module system voltage, and commanded equivalence ratio.
    (3) Number of stored MIL-on DTCs, catalyst temperature (if directly 
measured or estimated for purposes of enabling the catalyst monitor(s)), 
monitor status (i.e., disabled for the rest of this drive cycle, 
complete this drive cycle, or not complete this drive cycle) since last 
engine shut-off for each monitor used for ready status, distance 
traveled (or engine run time for engines not using vehicle speed 
information) while MIL activated, distance traveled (or engine run time 
for engines not using vehicle speed information) since DTC memory last 
erased, and number of warm-up cycles since DTC memory last erased, OBD 
requirements to which the engine is certified (e.g., California OBD, EPA 
OBD, European OBD, non-OBD) and MIL status (i.e., commanded-on or 
commanded-off).
    (B) For diesel engines. (1) Calculated load (engine torque as a 
percentage of maximum torque available at the current engine speed), 
driver's demand engine torque (as a percentage of maximum engine 
torque), actual engine torque (as a percentage of maximum engine 
torque), reference engine maximum torque, reference maximum engine 
torque as a function of engine speed (suspect parameter numbers (SPN) 
539 through 543 defined by SAE J1939 (as specified in paragraph (k)(1) 
of this section) within parameter group number (PGN) 65251 for engine 
configuration), engine coolant temperature, engine oil temperature (if 
used for emission control or any OBD monitors), engine speed, and time 
elapsed since engine start.
    (2) Fuel level (if used to enable or disable any other monitors), 
vehicle speed (if used for emission control or any OBD monitors), 
barometric pressure (directly measured or estimated), and engine control 
module system voltage.
    (3) Number of stored MIL-on DTCs, monitor status (i.e., disabled for 
the rest of this drive cycle, complete this drive cycle, or not complete 
this drive

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cycle) since last engine shut-off for each monitor used for ready 
status, distance traveled (or engine run time for engines not using 
vehicle speed information) while MIL activated, distance traveled (or 
engine run time for engines not using vehicle speed information) since 
DTC memory last erased, number of warm-up cycles since DTC memory last 
erased, OBD requirements to which the engine is certified (e.g., 
California OBD, EPA OBD, European OBD, non-OBD), and MIL status (i.e., 
commanded-on or commanded-off).
    (4) NOX NTE control area status (i.e., inside control 
area, outside control area, inside manufacturer-specific NOX 
NTE carve-out area, or deficiency active area) and PM NTE control area 
status (i.e., inside control area, outside control area, inside 
manufacturer-specific PM NTE carve-out area, or deficiency active area).
    (5) For purposes of the calculated load and torque parameters in 
paragraph (k)(4)(ii)(B)(1) of this section, manufacturers must report 
the most accurate values that are calculated within the applicable 
electronic control unit (e.g., the engine control module). Most 
accurate, in this context, must be of sufficient accuracy, resolution, 
and filtering to be used for the purposes of in-use emission testing 
with the engine still in a vehicle (e.g., using portable emission 
measurement equipment).
    (C) For all engines so equipped.
    (1) Absolute throttle position, relative throttle position, fuel 
control system status (e.g., open loop, closed loop), fuel trim, fuel 
pressure, ignition timing advance, fuel injection timing, intake air/
manifold temperature, engine intercooler temperature, manifold absolute 
pressure, air flow rate from mass air flow sensor, secondary air status 
(upstream, downstream, or atmosphere), ambient air temperature, 
commanded purge valve duty cycle/position, commanded EGR valve duty 
cycle/position, actual EGR valve duty cycle/position, EGR error between 
actual and commanded, PTO status (active or not active), redundant 
absolute throttle position (for electronic throttle or other systems 
that utilize two or more sensors), absolute pedal position, redundant 
absolute pedal position, commanded throttle motor position, fuel rate, 
boost pressure, commanded/target boost pressure, turbo inlet air 
temperature, fuel rail pressure, commanded fuel rail pressure, DPF inlet 
pressure, DPF inlet temperature, DPF outlet pressure, DPF outlet 
temperature, DPF delta pressure, exhaust pressure sensor output, exhaust 
gas temperature sensor output, injection control pressure, commanded 
injection control pressure, turbocharger/turbine speed, variable 
geometry turbo position, commanded variable geometry turbo position, 
turbocharger compressor inlet temperature, turbocharger compressor inlet 
pressure, turbocharger turbine inlet temperature, turbocharger turbine 
outlet temperature, waste gate valve position, and glow plug lamp 
status.
    (2) Oxygen sensor output, air/fuel ratio sensor output, 
NOX sensor output, and evaporative system vapor pressure.
    (iii) Freeze frame. (A) For model years 2010 through 2012, ``Freeze 
frame'' information required to be stored pursuant to paragraphs 
(b)(2)(iv), (h)(1)(iv)(D), and (h)(2)(vi) of this section must be made 
available on demand through the data link connector. For model years 
2013 and later, ``Freeze frame'' information required to be stored 
pursuant to paragraphs (b)(2)(iv), (h)(1)(iv)(D), and (h)(2)(vi) of this 
section must be made available on demand through the standardized data 
link connector in accordance with SAE J1979 or SAE J1939-73 (both as 
specified in paragraph (k)(1) of this section) specifications.
    (B) ``Freeze frame'' conditions must include the DTC that caused the 
data to be stored along with all of the signals required in paragraphs 
(k)(4)(ii)(A)(1) and (k)(4)(ii)(B)(1) of this section. Freeze frame 
conditions must also include all of the signals required on the engine 
in paragraphs (k)(4)(ii)(A)(2) and (k)(4)(ii)(B)(2) of this section, and 
paragraph (k)(4)(ii)(C)(1) of this section that are used for diagnostic 
or control purposes in the specific monitor or emission-critical 
powertrain control unit that stored the DTC.
    (C) Only one frame of data is required to be recorded. For model 
years 2010 through 2012, the manufacturer may

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choose to store additional frames provided that at least the required 
frame can be read by, at a minimum, a manufacturer scan tool. For model 
years 2013 and later, the manufacturer may choose to store additional 
frames provided that at least the required frame can be read by a scan 
tool meeting SAE J1978 (as specified in paragraph (k)(1) of this 
section) specifications or designed to communicate with an SAE J1939 (as 
specified in paragraph (k)(1) of this section) network.
    (iv) Diagnostic trouble codes. (A) For model years 2010 through 
2012, For all monitored components and systems, any stored pending, MIL-
on, and previous-MIL-on DTCs must be made available through the 
diagnostic connector. For model years 2013 and later, all monitored 
components and systems, any stored pending, MIL-on, and previous-MIL-on 
DTCs must be made available through the diagnostic connector in a 
standardized format in accordance with SAE J1939 (as specified in 
paragraph (k)(1) of this section) or ISO 15765-4:2005(E) (as specified 
in paragraph (k)(1) of this section) specifications; standardized DTCs 
conforming to the applicable standardized specifications must be 
employed.
    (B) The stored DTC must, to the extent possible, pinpoint the 
probable cause of the malfunction or potential malfunction. To the 
extent feasible, the manufacturer must use separate DTCs for every 
monitor where the monitor and repair procedure or probable cause of the 
malfunction is different. In general, rationality and functional checks 
must use different DTCs than the respective circuit integrity checks. 
Additionally, to the extent possible, input component circuit integrity 
checks must use different DTCs for distinct malfunctions (e.g., out-of-
range low, out-of-range high, open circuit).
    (C) The manufacturer must use appropriate standard-defined DTCs 
whenever possible. With Administrator approval, the manufacturer may use 
manufacturer-defined DTCs in accordance with the applicable standard's 
specifications. To do so, the manufacturer must be able to show a lack 
of available standard-defined DTCs, uniqueness of the monitor or 
monitored component, expected future usage of the monitor or component, 
and estimated usefulness in providing additional diagnostic and repair 
information to service technicians. Manufacturer-defined DTCs must be 
used in a consistent manner (i.e., the same DTC shall not be used to 
represent two different failure modes) across a manufacturer's entire 
product line.
    (D) For model years 2010 through 2012, a pending or MIL-on DTC (as 
required in paragraphs (g) through (i) of this section) must be stored 
and available to, at a minimum, a manufacturer scan tool within 10 
seconds after a monitor has determined that a malfunction or potential 
malfunction has occurred. A permanent DTC must be stored and available 
to, at a minimum, a manufacturer scan tool no later than the end of an 
ignition cycle in which the corresponding MIL-on DTC that caused MIL 
activation has been stored. For model years 2013 and later, a pending or 
MIL-on DTC (as required in paragraphs (g) through (i) of this section) 
must be stored and available to an SAE J1978 (as specified in paragraph 
(k)(1) of this section) or SAE J1939 (as specified in paragraph (k)(1) 
of this section) scan tool within 10 seconds after a monitor has 
determined that a malfunction or potential malfunction has occurred. A 
permanent DTC must be stored and available to an SAE J1978 (as specified 
in paragraph (k)(1) of this section) or SAE J1939 (as specified in 
paragraph (k)(1) of this section) scan tool no later than the end of an 
ignition cycle in which the corresponding MIL-on DTC that caused MIL 
activation has been stored.
    (E) For model years 2010 through 2012, pending DTCs for all 
components and systems (including those monitored continuously and non-
continuously) must be made available through the diagnostic connector. 
For model years 2013 and later, pending DTCs for all components and 
systems (including those monitored continuously and non-continuously) 
must be made available through the diagnostic connector in accordance 
with the applicable standard's specifications. For all model years, a 
manufacturer using alternative statistical protocols for MIL activation 
as allowed in paragraph (b)(2)(iii) of this

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section must submit the details of their protocol for setting pending 
DTCs. The protocol must be, overall, equivalent to the requirements of 
this paragraph (k)(4)(iv)(E) and provide service technicians with a 
quick and accurate indication of a potential malfunction.
    (F) For model years 2010 through 2012, permanent DTC for all 
components and systems must be made available through the diagnostic 
connector in a format that distinguishes permanent DTCs from pending 
DTCs, MIL-on DTCs, and previous-MIL-on DTCs. A MIL-on DTC must be stored 
as a permanent DTC no later than the end of the ignition cycle and 
subsequently at all times that the MIL-on DTC is commanding the MIL on. 
For model years 2013 and later, permanent DTC for all components and 
systems must be made available through the diagnostic connector in a 
standardized format that distinguishes permanent DTCs from pending DTCs, 
MIL-on DTCs, and previous-MIL-on DTCs. A MIL-on DTC must be stored as a 
permanent DTC no later than the end of the ignition cycle and 
subsequently at all times that the MIL-on DTC is commanding the MIL on. 
For all model years, permanent DTCs must be stored in non-volatile 
random access memory (NVRAM) and shall not be erasable by any scan tool 
command or by disconnecting power to the on-board computer. Permanent 
DTCs must be erasable if the engine control module is reprogrammed and 
the ready status described in paragraph (k)(4)(i) of this section for 
all monitored components and systems are set to ``not complete.'' The 
OBD system must have the ability to store a minimum of four current MIL-
on DTCs as permanent DTCs in NVRAM. If the number of MIL-on DTCs 
currently commanding activation of the MIL exceeds the maximum number of 
permanent DTCs that can be stored, the OBD system must store the 
earliest detected MIL-on DTC as permanent DTC. If additional MIL-on DTCs 
are stored when the maximum number of permanent DTCs is already stored 
in NVRAM, the OBD system shall not replace any existing permanent DTC 
with the additional MIL-on DTCs.
    (v) Test results. (A) For model years 2010 through 2012 and except 
as provided for in paragraph (k)(4)(v)(G) of this section, for all 
monitored components and systems identified in paragraphs (g) and (h) of 
this section, results of the most recent monitoring of the components 
and systems and the test limits established for monitoring the 
respective components and systems must be stored and available through 
the data link. For model years 2013 and later and except as provided for 
in paragraph (k)(4)(v)(G) of this section, for all monitored components 
and systems identified in paragraphs (g) and (h) of this section, 
results of the most recent monitoring of the components and systems and 
the test limits established for monitoring the respective components and 
systems must be stored and available through the data link in accordance 
with the standardized format specified in SAE J1979 (as specified in 
paragraph (k)(1) of this section) for engines using the ISO 15765-
4:2005(E) (as specified in paragraph (k)(1) of this section) protocol or 
SAE J1939 (as specified in paragraph (k)(1) of this section).
    (B) The test results must be reported such that properly functioning 
components and systems (e.g., ``passing'' systems) do not store test 
values outside of the established test limits. Test limits must include 
both minimum and maximum acceptable values and must be defined so that a 
test result equal to either test limit is a ``passing'' value, not a 
``failing'' value.
    (C) For model years 2013 and later, the test results must be 
standardized such that the name of the monitored component (e.g., 
catalyst bank 1) can be identified by a generic scan tool and the test 
results and limits can be scaled and reported by a generic scan tool 
with the appropriate engineering units.
    (D) The test results must be stored until updated by a more recent 
valid test result or the DTC memory of the OBD system computer is 
cleared. Upon DTC memory being cleared, test results reported for 
monitors that have not yet completed with valid test results since the 
last time the fault

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memory was cleared must report values of zero for the test result and 
test limits.
    (E) All test results and test limits must always be reported and the 
test results must be stored until updated by a more recent valid test 
result or the DTC memory of the OBD system computer is cleared.
    (F) The OBD system must store and report unique test results for 
each separate monitor.
    (G) The requirements of this paragraph (k)(4)(v) do not apply to 
continuous fuel system monitoring, cold start emission reduction 
strategy monitoring, and continuous circuit monitoring.
    (vi) Software calibration identification (CAL ID). On all engines, a 
single software calibration identification number (CAL ID) for each 
monitor or emission critical control unit(s) must be made available 
through, for model years 2010 through 2012, the data link connector or, 
for model years 2013 and later, the standardized data link connector in 
accordance with the SAE J1979 or SAE J1939 (both as specified in 
paragraph (k)(1) of this section) specifications. A unique CAL ID must 
be used for every emission-related calibration and/or software set 
having at least one bit of different data from any other emission-
related calibration and/or software set. Control units coded with 
multiple emission or diagnostic calibrations and/or software sets must 
indicate a unique CAL ID for each variant in a manner that enables an 
off-board device to determine which variant is being used by the engine. 
Control units that use a strategy that will result in MIL activation if 
the incorrect variant is used (e.g., control units that contain variants 
for manual and automatic transmissions but will activate the MIL if the 
selected variant does not match the type of transmission mated to the 
engine) are not required to use unique CAL IDs. Manufacturers may 
request Administrator approval to respond with more than one CAL ID per 
diagnostic or emission critical control unit. Administrator approval of 
the request shall be based on the method used by the manufacturer to 
ensure each control unit will respond to a scan tool with the CAL IDs in 
order of highest to lowest priority with regards to areas of the 
software most critical to emission and OBD system performance.
    (vii) Software calibration verification number (CVN). (A) All 
engines must use an algorithm to calculate a single calibration 
verification number (CVN) that verifies the on-board computer software 
integrity for each monitor or emission critical control unit that is 
electronically reprogrammable. The CVN must be made available through, 
for model years 2010 through 2012, the data link connector or, for model 
years 2013 and later, the standardized data link connector in accordance 
with the SAE J1979 or SAE J1939 (both as specified in paragraph (k)(1) 
of this section) specifications. The CVN must indicate whether the 
emission-related software and/or calibration data are valid and 
applicable for the given vehicle and CAL ID. For systems having more 
than one CAL ID as allowed under paragraph (k)(4)(vi) of this section, 
one CVN must be made available for each CAL ID and must be output to a 
scan tool in the same order as the corresponding CAL IDs. For 2010 
through 2012, manufacturers may use a default value for the CVN if their 
emissions critical powertrain control modules are not programmable in 
the field. For all years, manufacturers may use a default value for the 
CVN if their emissions critical powertrain control modules are one-time 
programmable or masked read-only memory. Any default CVN shall be 
00000000 for systems designed in accordance with the SAE J1979 (as 
specified in paragraph (k)(1) of this section) specifications, and 
FFFFFFFFh for systems designed in accordance with the SAE J1939 (as 
specified in paragraph (k)(1) of this section) specifications.
    (B) The CVN algorithm used to calculate the CVN must be of 
sufficient complexity that the same CVN is difficult to achieve with 
modified calibration values.
    (C) The CVN must be calculated at least once per ignition cycle and 
stored until the CVN is subsequently updated. Except for immediately 
after a reprogramming event or a non-volatile memory clear or for the 
first 30 seconds of engine operation after a volatile memory clear or 
battery disconnect,

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the stored value must be made available through, for model years 2010 
through 2012, the data link connector to, at a minimum, a manufacturer 
scan tool or, for model years 2013 and later, the data link connector to 
a generic scan tool in accordance with SAE J1979 or SAE J1939 (both as 
specified in paragraph (k)(1) of this section) specifications. For model 
years 2010 through 2012, the stored CVN value shall not be erased when 
DTC memory is erased or during normal vehicle shut down (i.e., key-off/
engine-off). For model years 2013 and later, the stored CVN value shall 
not be erased when DTC memory is erased by a generic scan tool in 
accordance with SAE J1979 or SAE J1939 (both as specified in paragraph 
(k)(1) of this section) specifications or during normal vehicle shut 
down (i.e., key-off/engine-off).
    (D) For model years 2013 and later, the CVN and CAL ID combination 
information must be available for all engines/vehicles in a standardized 
electronic format that allows for off-board verification that the CVN is 
valid and appropriate for a specific vehicle and CAL ID.
    (viii) Vehicle identification number (VIN). (A) For model years 2010 
through 2012, all vehicles must have the vehicle identification number 
(VIN) available through the data link connector to, at a minimum, a 
manufacturer scan tool Only one electronic control unit per vehicle may 
report the VIN to a scan tool. For model years 2013 and later, all 
vehicles must have the vehicle identification number (VIN) available in 
a standardized format through the standardized data link connector in 
accordance with SAE J1979 or SAE J1939 (both as specified in paragraph 
(k)(1) of this section) specifications. Only one electronic control unit 
per vehicle may report the VIN to an SAE J1978 or SAE J1939 (both as 
specified in paragraph (k)(1) of this section) scan tool.
    (B) If the VIN is reprogrammable, all emission-related diagnostic 
information identified in paragraph (k)(4)(ix)(A) of this section must 
be erased in conjunction with reprogramming of the VIN.
    (ix) Erasure of diagnostic information. (A) For purposes of this 
paragraph (k)(4)(ix), ``emission-related diagnostic information'' 
includes all of the following: ready status as required by paragraph 
(k)(4)(i) of this section; data stream information as required by 
paragraph (k)(4)(ii) of this section including the number of stored MIL-
on DTCs, distance traveled while MIL activated, number of warm-up cycles 
since DTC memory last erased, and distance traveled since DTC memory 
last erased; freeze frame information as required by paragraph 
(k)(4)(iii) of this section; pending, MIL-on, and previous-MIL-on DTCs 
as required by paragraph (k)(4)(iv) of this section; and, test results 
as required by paragraph (k)(4)(v) of this section.
    (B) For all engines, the emission-related diagnostic information 
must be erased if commanded by any scan tool and may be erased if the 
power to the on-board computer is disconnected. If any of the emission-
related diagnostic information is commanded to be erased by any scan 
tool, all emission-related diagnostic information must be erased from 
all diagnostic or emission critical control units. The OBD system shall 
not allow a scan tool to erase a subset of the emission-related 
diagnostic information (e.g., the OBD system shall not allow a scan tool 
to erase only one of three stored DTCs or only information from one 
control unit without erasing information from the other control 
unit(s)).
    (5) In-use performance ratio tracking requirements. (i) For each 
monitor required in paragraphs (g) through (i) of this section to 
separately report an in-use performance ratio, manufacturers must 
implement software algorithms to, for model years 2010 through 2012, 
report a numerator and denominator or, for model years 2013 and later, 
report a numerator and denominator in the standardized format specified 
in this paragraph (k)(5) in accordance with the SAE J1979 or SAE J1939 
(both as specified in paragraph (k)(1) of this section) specifications.
    (ii) For the numerator, denominator, general denominator, and 
ignition cycle counters required by paragraph (e) of this section, the 
following numerical value specifications apply:
    (A) Each number shall have a minimum value of zero and a maximum 
value of 65,535 with a resolution of one.

[[Page 300]]

    (B) Each number shall be reset to zero only when a non-volatile 
random access memory (NVRAM) reset occurs (e.g., reprogramming event) 
or, if the numbers are stored in keep-alive memory (KAM), when KAM is 
lost due to an interruption in electrical power to the control unit 
(e.g., battery disconnect). Numbers shall not be reset to zero under any 
other circumstances including when a scan tool command to clear DTCs or 
reset KAM is received.
    (C) To avoid overflow problems, if either the numerator or 
denominator for a specific component reaches the maximum value of 65,535 
2, both numbers shall be divided by two before 
either is incremented again.
    (D) To avoid overflow problems, if the ignition cycle counter 
reaches the maximum value of 65,535 2, the 
ignition cycle counter shall rollover and increment to zero on the next 
ignition cycle.
    (E) To avoid overflow problems, if the general denominator reaches 
the maximum value of 65,535 2, the general 
denominator shall rollover and increment to zero on the next drive cycle 
that meets the general denominator definition.
    (F) If a vehicle is not equipped with a component (e.g., oxygen 
sensor bank 2, secondary air system), the corresponding numerator and 
denominator for that specific component shall always be reported as 
zero.
    (iii) For the ratio required by paragraph (e) of this section, the 
following numerical value specifications apply:
    (A) The ratio shall have a minimum value of zero and a maximum value 
of 7.99527 with a resolution of 0.000122.
    (B) The ratio for a specific component shall be considered to be 
zero whenever the corresponding numerator is equal to zero and the 
corresponding denominator is not zero.
    (C) The ratio for a specific component shall be considered to be the 
maximum value of 7.99527 if the corresponding denominator is zero or if 
the actual value of the numerator divided by the denominator exceeds the 
maximum value of 7.99527.
    (6) Engine run time tracking requirements. (i) For all gasoline and 
diesel engines, the manufacturer must implement software algorithms to, 
for model years 2010 through 2012, track and report individually or, for 
model years 2013 and later, track and report individually in a 
standardized format the amount of time the engine has been operated in 
the following conditions:
    (A) Total engine run time.
    (B) Total idle run time (with ``idle'' defined as accelerator pedal 
released by the driver, engine speed less than or equal to 200 rpm above 
normal warmed-up idle (as determined in the drive position for vehicles 
equipped with an automatic transmission) or vehicle speed less than or 
equal to one mile per hour, and power take-off not active).
    (C) Total run time with power take off active.
    (ii) For each counter specified in paragraph (k)(6)(i) of this 
section, the following numerical value specifications apply:
    (A) Each number shall be a four-byte value with a minimum value of 
zero, a resolution of one second per bit, and an accuracy of  ten seconds per drive cycle.
    (B) Each number shall be reset to zero only when a non-volatile 
memory reset occurs (e.g., reprogramming event). Numbers shall not be 
reset to zero under any other circumstances including when a scan tool 
(generic or enhanced) command to clear fault codes or reset KAM is 
received.
    (C) To avoid overflow problems, if any of the individual counters 
reach the maximum value, all counters shall be divided by two before any 
are incremented again.
    (D) For model years 2010 through 2012, the counters shall be made 
available to, at a minimum, a manufacturer scan tool and may be rescaled 
when transmitted from a resolution of one second per bit to no more than 
three minutes per bit. For model years 2013 and later, the counters 
shall be made available to a generic scan tool in accordance with the 
SAE J1979 or SAE J1939 (both as specified in paragraph (k)(1) of this 
section) specifications and may be rescaled when transmitted, if 
required by the SAE specifications, from a resolution of one second per 
bit to no more than three minutes per bit.
    (7) For 2019 and subsequent model year alternative-fueled engines 
derived

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from a diesel-cycle engine, a manufacturer may meet the standardization 
requirements of paragraph (k) of this section that are applicable to 
diesel engines rather than the requirements applicable to gasoline 
engines.
    (l) Monitoring system demonstration requirements for certification--
(1) General. (i) The manufacturer must submit emissions test data from 
one or more durability demonstration test engines (test engines).
    (ii) The Administrator may approve other demonstration protocols if 
the manufacturer can provide comparable assurance that the malfunction 
criteria are chosen based on meeting the malfunction criteria 
requirements and that the timeliness of malfunction detection is within 
the constraints of the applicable monitoring requirements.
    (iii) For flexible fuel engines capable of operating on more than 
one fuel or fuel combinations, the manufacturer must submit a plan for 
providing emission test data. The plan must demonstrate that testing 
will represent properly the expected in-use fuel or fuel combinations.
    (2) Selection of test engines. (i) Prior to submitting any 
applications for certification for a model year, the manufacturer must 
notify the Administrator regarding the planned engine families and 
engine ratings within each family for that model year. The Administrator 
will select the engine family(ies) and the specific engine rating within 
the engine family(ies) that the manufacturer shall use as demonstration 
test engines. The selection of test vehicles for production evaluation 
testing as specified in paragraph (j)(2) of this section may take place 
during this selection process.
    (ii) For model years 2010 through 2012. The manufacturer must 
provide emissions test data from the OBD parent rating as defined in 
paragraph (o)(1) of this section.
    (iii) For model years 2013 and later. (A) A manufacturer certifying 
one to five engine families in a given model year must provide emissions 
test data for a single test engine from one engine rating. A 
manufacturer certifying six to ten engine families in a given model year 
must provide emissions test data for a single test engine from two 
different engine ratings. A manufacturer certifying eleven or more 
engine families in a given model year must provide emissions test data 
for a single test engine from three different engine ratings. A 
manufacturer may forego submittal of test data for one or more of these 
test engines if data have been submitted previously for all of the 
engine ratings and/or if all requirements for certification carry-over 
from one model year to the next are satisfied.
    (B) For a given model year, a manufacturer may elect to provide 
emissions data for test engines from more engine ratings than required 
by paragraph (l)(2)(iii)(A) of this section. For each additional engine 
rating tested in that given model year, the number of engine ratings 
required for testing in one future model year will be reduced by one.
    (iv) For the test engine, the manufacturer must use an engine 
(excluding aftertreatment devices) aged for a minimum of 125 hours 
fitted with exhaust aftertreatment emission controls aged to be 
representative of useful life aging. In the event that an accelerated 
aging procedure is used, the manufacturer is required to submit a 
description of the accelerated aging process and/or supporting data or 
use the accelerated aging procedure used for emission certification 
deterioration factor generation. The process and/or data must 
demonstrate that deterioration of the exhaust aftertreatment emission 
controls is stabilized sufficiently such that it represents emission 
control performance at the end of the useful life.
    (3) Required testing. Except as otherwise described in this 
paragraph (l)(3), the manufacturer must perform single malfunction 
testing based on the applicable test with the components/systems set at 
their malfunction criteria limits as determined by the manufacturer for 
meeting the emissions thresholds required in paragraphs (g), (h), and 
(i) of this section.
    (i) Required testing for diesel-fueled/compression ignition 
engines--(A) Fuel system. The manufacturer must perform a separate test 
for each malfunction limit established by the manufacturer for the fuel 
system parameters (e.g., fuel pressure, injection timing) specified in 
paragraphs (g)(1)(ii)(A)

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through (g)(1)(ii)(C) and/or (g)(1)(ii)(D) of this section, if 
applicable, of this section. When performing a test for a specific 
parameter, the fuel system must be operating at the malfunction criteria 
limit for the applicable parameter only. All other parameters must be 
operating with normal characteristics. In conducting the fuel system 
demonstration tests, the manufacturer may use computer modifications to 
cause the fuel system to operate at the malfunction limit if the 
manufacturer can demonstrate that the computer modifications produce 
test results equivalent to an induced hardware malfunction.
    (B) Engine misfire. For model years 2013 and later, the manufacturer 
must perform a test at the malfunction limit established by the 
manufacturer for the monitoring required by paragraph (g)(2)(ii)(B) of 
this section.
    (C) EGR system. The manufacturer must perform a separate test for 
each malfunction limit established by the manufacturer for the EGR 
system parameters (e.g., low flow, high flow, slow response) specified 
in paragraphs (g)(3)(ii)(A) through (g)(3)(ii)(C) and in (g)(3)(ii)(E) 
of this section. In conducting the EGR system slow response 
demonstration tests, the manufacturer may use computer modifications to 
cause the EGR system to operate at the malfunction limit if the 
manufacturer can demonstrate that the computer modifications produce 
test results equivalent to an induced hardware malfunction.
    (D) Turbo boost control system. The manufacturer must perform a 
separate test for each malfunction limit established by the manufacturer 
for the turbo boost control system parameters (e.g., underboost, 
overboost, response) specified in paragraphs (g)(4)(ii)(A) through 
(g)(4)(ii)(C) and in (g)(4)(ii)(E) of this section.
    (E) NMHC catalyst. The manufacturer must perform a separate test for 
each monitored NMHC catalyst(s). The catalyst(s) being evaluated must be 
deteriorated to the applicable malfunction limit established by the 
manufacturer for the monitoring required by paragraph (g)(5)(ii)(A) of 
this section and using methods established by the manufacturer in 
accordance with paragraph (l)(7) of this section. For each monitored 
NMHC catalyst(s), the manufacturer must also demonstrate that the OBD 
system will detect a catalyst malfunction with the catalyst at its 
maximum level of deterioration (i.e., the substrate(s) completely 
removed from the catalyst container or ``empty'' can). Emissions data 
are not required for the empty can demonstration.
    (F) NOX catalyst. The manufacturer must perform a separate test for 
each monitored NOX catalyst(s) (e.g., SCR catalyst). The catalyst(s) 
being evaluated must be deteriorated to the applicable malfunction 
criteria established by the manufacturer for the monitoring required by 
paragraphs (g)(6)(ii)(A) and (g)(6)(ii)(B) of this section and using 
methods established by the manufacturer in accordance with paragraph 
(l)(7) of this section. For each monitored NOX catalyst(s), the 
manufacturer must also demonstrate that the OBD system will detect a 
catalyst malfunction with the catalyst at its maximum level of 
deterioration (i.e., the substrate(s) completely removed from the 
catalyst container or ``empty'' can). Emissions data are not required 
for the empty can demonstration.
    (G) NOX adsorber. The manufacturer must perform a test using a NOX 
adsorber(s) deteriorated to the applicable malfunction limit established 
by the manufacturer for the monitoring required by paragraph 
(g)(7)(ii)(A) of this section. The manufacturer must also demonstrate 
that the OBD system will detect a NOX adsorber malfunction with the NOX 
adsorber at its maximum level of deterioration (i.e., the substrate(s) 
completely removed from the container or ``empty'' can). Emissions data 
are not required for the empty can demonstration.
    (H) Diesel particulate filter. The manufacturer must perform a 
separate test using a DPF deteriorated to the applicable malfunction 
limits established by the manufacturer for the monitoring required by 
paragraph (g)(8)(ii)(A) and (g)(8)(ii)(B) of this section. For systems 
using the optional DPF monitoring provision of paragraph (g)(8)(ii)(A) 
of this section, the manufacturer must perform a separate test using a 
DPF modified in a manner approved by the

[[Page 303]]

Administrator (e.g., drilling of wallflow channel end plugs, drilling of 
through holes, etc.) and testing at each of the nine test points 
specified in paragraph (g)(8)(ii)(A) of this section. The manufacturer 
must also demonstrate that the OBD system will detect a DPF malfunction 
with the DPF at its maximum level of deterioration (i.e., the filter(s) 
completely removed from the filter container or ``empty'' can). 
Emissions data are not required for the empty can demonstration.
    (I) Exhaust gas sensor. The manufacturer must perform a separate 
test for each malfunction limit established by the manufacturer for the 
monitoring required in paragraphs (g)(9)(ii)(A), (g)(9)(iii)(A), and 
(g)(9)(iv)(A) of this section. When performing a test, all exhaust gas 
sensors used for the same purpose (e.g., for the same feedback control 
loop, for the same control feature on parallel exhaust banks) must be 
operating at the malfunction criteria limit for the applicable parameter 
only. All other exhaust gas sensor parameters must be operating with 
normal characteristics.
    (J) VVT system. The manufacturer must perform a separate test for 
each malfunction limit established by the manufacturer for the 
monitoring required in paragraphs (g)(10)(ii)(A) and (g)(10)(ii)(B) of 
this section. In conducting the VVT system demonstration tests, the 
manufacturer may use computer modifications to cause the VVT system to 
operate at the malfunction limit if the manufacturer can demonstrate 
that the computer modifications produce test results equivalent to an 
induced hardware malfunction.
    (K) For each of the testing requirements of this paragraph (l)(3)(i) 
of this section, if the manufacturer has established that only a 
functional check is required because no failure or deterioration of the 
specific tested system could result in an engine's emissions exceeding 
the applicable emissions thresholds, the manufacturer is not required to 
perform a demonstration test; however, the manufacturer is required to 
provide the data and/or engineering analysis used to determine that only 
a functional test of the system(s) is required.
    (ii) Required testing for gasoline-fueled/spark-ignition engines--
(A) Fuel system. For engines with adaptive feedback based on the primary 
fuel control sensor(s), the manufacturer must perform a test with the 
adaptive feedback based on the primary fuel control sensor(s) at the 
rich limit(s) and a test at the lean limit(s) established by the 
manufacturer as required by paragraph (h)(1)(ii)(A) of this section to 
detect a malfunction before emissions exceed applicable emissions 
thresholds. For engines with feedback based on a secondary fuel control 
sensor(s) and subject to the malfunction criteria in paragraph 
(h)(1)(ii)(A) of this section, the manufacturer must perform a test with 
the feedback based on the secondary fuel control sensor(s) at the rich 
limit(s) and a test at the lean limit(s) established by the manufacturer 
as required by paragraph (h)(1)(ii)(A) of this section to detect a 
malfunction before emissions exceed the applicable emissions thresholds. 
For other fuel metering or control systems, the manufacturer must 
perform a test at the criteria limit(s). For purposes of fuel system 
testing as required by this paragraph (l)(3)(ii)(A), the malfunction(s) 
induced may result in a uniform distribution of fuel and air among the 
cylinders. Non uniform distribution of fuel and air used to induce a 
malfunction shall not cause misfire. In conducting the fuel system 
demonstration tests, the manufacturer may use computer modifications to 
cause the fuel system to operate at the malfunction limit. To do so, the 
manufacturer must be able to demonstrate that the computer modifications 
produce test results equivalent to an induced hardware malfunction.
    (B) Misfire. The manufacturer must perform a test at the malfunction 
criteria limit specified in paragraph (h)(2)(ii)(B) of this section.
    (C) EGR system. The manufacturer must perform a test at each flow 
limit calibrated to the malfunction criteria specified in paragraphs 
(h)(3)(ii)(A) and (h)(3)(ii)(B) of this section.
    (D) Cold start emission reduction strategy. The manufacturer must 
perform a test at the malfunction criteria for each component monitored 
according

[[Page 304]]

to paragraph (h)(4)(ii)(A) of this section.
    (E) Secondary air system. The manufacturer must perform a test at 
each flow limit calibrated to the malfunction criteria specified in 
paragraphs (h)(5)(ii)(A) and (h)(5)(ii)(B) of this section.
    (F) Catalyst. The manufacturer must perform a test using a catalyst 
system deteriorated to the malfunction criteria specified in paragraph 
(h)(6)(ii) of this section using methods established by the manufacturer 
in accordance with paragraph (l)(7)(ii) of this section. The 
manufacturer must also demonstrate that the OBD system will detect a 
catalyst system malfunction with the catalyst system at its maximum 
level of deterioration (i.e., the substrate(s) completely removed from 
the catalyst container or ``empty'' can). Emission data are not required 
for the empty can demonstration.
    (G) Exhaust gas sensor. The manufacturer must perform a test with 
all primary exhaust gas sensors used for fuel control simultaneously 
possessing a response rate deteriorated to the malfunction criteria 
limit specified in paragraph (h)(8)(ii)(A) of this section. The 
manufacturer must also perform a test for any other primary or secondary 
exhaust gas sensor parameter under parargraphs (h)(8)(ii)(A) and 
(h)(8)(iii)(A) of this section that can cause engine emissions to exceed 
the applicable emissions thresholds (e.g., shift in air/fuel ratio at 
which oxygen sensor switches, decreased amplitude). When performing 
additional test(s), all primary and secondary (if applicable) exhaust 
gas sensors used for emission control must be operating at the 
malfunction criteria limit for the applicable parameter only. All other 
primary and secondary exhaust gas sensor parameters must be operating 
with normal characteristics.
    (H) VVT system. The manufacturer must perform a test at each target 
error limit and slow response limit calibrated to the malfunction 
criteria specified in paragraphs (h)(9)(ii)(A) and (h)(9)(ii)(B) of this 
section. In conducting the VVT system demonstration tests, the 
manufacturer may use computer modifications to cause the VVT system to 
operate at the malfunction limit. To do so, the manufacturer must be 
able to demonstrate that the computer modifications produce test results 
equivalent to an induced hardware malfunction.
    (I) For each of the testing requirements of this paragraph 
(l)(3)(ii), if the manufacturer has established that only a functional 
check is required because no failure or deterioration of the specific 
tested system could cause an engine's emissions to exceed the applicable 
emissions thresholds, the manufacturer is not required to perform a 
demonstration test; however the manufacturer is required to provide the 
data and/or engineering analyses used to determine that only a 
functional test of the system(s) is required.
    (iii) Required testing for all engines. (A) Other emission control 
systems. The manufacturer must conduct demonstration tests for all other 
emission control components (e.g., hydrocarbon traps, adsorbers) 
designed and calibrated to a malfunction limit based on an emissions 
threshold based on the requirements of paragraph (i)(4) of this section.
    (B) For each of the testing requirements of paragraph (l)(3)(iii)(A) 
of this section, if the manufacturer has established that only a 
functional check is required because no failure or deterioration of the 
specific tested system could result in an engine's emissions exceeding 
the applicable emissions thresholds, the manufacturer is not required to 
perform a demonstration test; however, the manufacturer is required to 
provide the data and/or engineering analysis used to determine that only 
a functional test of the system(s) is required.
    (iv) The manufacturer may electronically simulate deteriorated 
components but shall not make any engine control unit modifications when 
performing demonstration tests unless approved by the Administrator. All 
equipment necessary to duplicate the demonstration test must be made 
available to the Administrator upon request.
    (4) Testing protocol--(i) Preconditioning. The manufacturer must use 
an applicable cycle for preconditioning test engines prior to conducting 
each

[[Page 305]]

of the emission tests required by paragraph (l)(3) of this section. The 
manufacturer may perform a single additional preconditioning cycle, 
identical to the initial one, after a 20-minute hot soak but must 
demonstrate that such an additional cycle is necessary to stabilize the 
emissions control system. A practice of requiring a cold soak prior to 
conducting preconditioning cycles is not permitted.
    (ii) Test sequence. (A) The manufacturer must set individually each 
system or component on the test engine at the malfunction criteria limit 
prior to conducting the applicable preconditioning cycle(s). If a second 
preconditioning cycle is permitted in accordance with paragraph 
(l)(4)(i) of this section, the manufacturer may adjust the system or 
component to be tested before conducting the second preconditioning 
cycle. The manufacturer shall not replace, modify, or adjust the system 
or component after the last preconditioning cycle has been completed.
    (B) After preconditioning, the test engine must be operated over the 
applicable cycle to allow for the initial detection of the tested system 
or component malfunction. This test cycle may be omitted from the 
testing protocol if it is unnecessary. If required by the monitoring 
strategy being tested, a cold soak may be performed prior to conducting 
this test cycle.
    (C) The test engine must then be operated over the applicable 
exhaust emissions test.
    (iii) A manufacturer required to test more than one test engine 
according to paragraph (l)(2)(iii) of this section may use internal 
calibration sign-off test procedures (e.g., forced cool downs, less 
frequently calibrated emission analyzers) instead of official test 
procedures to obtain the emission test data required by this paragraph 
(l) of this section for all but one of the required test engines. The 
manufacturer may elect this option if the data from the alternative test 
procedure are representative of official emissions test results. A 
manufacturer using this option is still responsible for meeting the 
malfunction criteria specified in paragraphs (g) through (i) of this 
section if and when emissions tests are performed in accordance with 
official test procedures.
    (iv) The manufacturer may request approval to use an alternative 
testing protocol for demonstration of MIL activation if the engine 
dynamometer emission test cycle does not allow all of a given monitor's 
enable conditions to be satisfied. The manufacturer may request the use 
of an alternative engine dynamometer test cycle or the use of chassis 
testing to demonstrate proper MIL activation. To do so, the manufacturer 
must demonstrate the technical necessity for using an alternative test 
cycle and the degree to which the alternative test cycle demonstrates 
that in-use operation with the malfunctioning component will result in 
proper MIL activation.
    (5) Evaluation protocol. Full OBD engine ratings, as defined by 
paragraph (o)(1) of this section, shall be evaluated according to the 
following protocol:
    (i) For all tests conducted as required by paragraph (l) of this 
section, the MIL must activate before the end of the first engine start 
portion of the applicable test.
    (ii) If the MIL activates prior to emissions exceeding the 
applicable malfunction criteria limits specified in paragraphs (g) 
through (i), no further demonstration is required. With respect to the 
misfire monitor demonstration test, if the manufacturer has elected to 
use the minimum misfire malfunction criteria of one percent as allowed 
in paragraphs (g)(2)(ii)(B), if applicable, and (h)(2)(ii)(B) of this 
section, no further demonstration is required provided the MIL activates 
with engine misfire occurring at the malfunction criteria limit.
    (iii) If the MIL does not activate when the system or component is 
set at its malfunction criteria limit(s), the criteria limit(s) or the 
OBD system is not acceptable.
    (A) Except for testing of the catalyst or DPF system, if the MIL 
first activates after emissions exceed the applicable malfunction 
criteria specified in paragraphs (g) through (i) of this section, the 
test engine shall be retested with the tested system or component 
adjusted so that the MIL will activate before emissions exceed the 
applicable

[[Page 306]]

malfunction criteria specified in paragraphs (g) through (i) of this 
section. If the component cannot be so adjusted because an alternative 
fuel or emission control strategy is used when a malfunction is detected 
(e.g., open loop fuel control used after an oxygen sensor malfunction is 
detected), the test engine shall be retested with the component adjusted 
to the worst acceptable limit (i.e., the applicable OBD monitor 
indicates that the component is performing at or slightly better than 
the malfunction criteria limit). When tested with the component so 
adjusted, the MIL must not activate during the test and the engine 
emissions must be below the applicable malfunction criteria specified in 
paragraphs (g) through (i) of this section.
    (B) In testing the catalyst or DPF system, if the MIL first 
activates after emissions exceed the applicable emissions threshold(s) 
specified in paragraphs (g) and (h), the tested engine shall be retested 
with a less deteriorated catalyst or DPF system (i.e., more of the 
applicable engine out pollutants are converted or trapped). For the OBD 
system to be approved, testing shall be continued until the MIL 
activates with emissions below the applicable thresholds of paragraphs 
(g) and (h) of this section, or the MIL activates with emissions within 
a range no more than 20 percent below the applicable emissions 
thresholds and 10 percent or less above those emissions thresholds.
    (iv) If an OBD system is determined to be unacceptable by the 
criteria of this paragraph (l)(5) of this section, the manufacturer may 
recalibrate and retest the system on the same test engine. In such a 
case, the manufacturer must confirm, by retesting, that all systems and 
components that were tested prior to the recalibration and are affected 
by it still function properly with the recalibrated OBD system.
    (6) Confirmatory testing. (i) The Administrator may perform 
confirmatory testing to verify the emission test data submitted by the 
manufacturer as required by this paragraph (l) of this section comply 
with its requirements and the malfunction criteria set forth in 
paragraphs (g) through (i) of this section. Such confirmatory testing is 
limited to the test engine(s) required by paragraph (l)(2) of this 
section.
    (ii) To conduct this confirmatory testing, the Administrator may 
install appropriately deteriorated or malfunctioning components (or 
simulate them) in an otherwise properly functioning test engine of an 
engine rating represented by the demonstration test engine in order to 
test any of the components or systems required to be tested by paragraph 
(l) of this section. The manufacturer shall make available, if 
requested, an engine and all test equipment (e.g., malfunction 
simulators, deteriorated components) necessary to duplicate the 
manufacturer's testing. Such a request from the Administrator shall 
occur within six months of reviewing and approving the demonstration 
test engine data submitted by the manufacturer for the specific engine 
rating.
    (7) Catalyst aging--(i) Diesel catalysts. For purposes of 
determining the catalyst malfunction limits for the monitoring required 
by paragraphs (g)(5)(ii)(A), (g)(5)(ii)(B), and (g)(6)(ii)(A) of this 
section, where those catalysts are monitored individually, the 
manufacturer must use a catalyst deteriorated to the malfunction 
criteria using methods established by the manufacturer to represent real 
world catalyst deterioration under normal and malfunctioning engine 
operating conditions. For purposes of determining the catalyst 
malfunction limits for the monitoring required by paragraphs 
(g)(5)(ii)(A), (g)(5)(ii)(B), and (g)(6)(ii)(A) of this section, where 
those catalysts are monitored in combination with other catalysts, the 
manufacturer must submit their catalyst system aging and monitoring plan 
to the Administrator as part of their certification documentation 
package. The plan must include the description, emission control 
purpose, and location of each component, the monitoring strategy for 
each component and/or combination of components, and the method for 
determining the applicable malfunction criteria including the 
deterioration/aging process.
    (ii) Gasoline catalysts. For the purposes of determining the 
catalyst system malfunction criteria in paragraph

[[Page 307]]

(h)(6)(ii) of this section, the manufacturer must use a catalyst system 
deteriorated to the malfunction criteria using methods established by 
the manufacturer to represent real world catalyst deterioration under 
normal and malfunctioning operating conditions. The malfunction criteria 
must be established by using a catalyst system with all monitored and 
unmonitored (downstream of the sensor utilized for catalyst monitoring) 
catalysts simultaneously deteriorated to the malfunction criteria except 
for those engines that use fuel shutoff to prevent over-fueling during 
engine misfire conditions. For such engines, the malfunction criteria 
must be established by using a catalyst system with all monitored 
catalysts simultaneously deteriorated to the malfunction criteria while 
unmonitored catalysts shall be deteriorated to the end of the engine's 
useful life.
    (m) Certification documentation requirements. (1) When submitting an 
application for certification of an engine, the manufacturer must submit 
the following documentation. If any of the items listed here are 
standardized for all of the manufacturer's engines, the manufacturer 
may, for each model year, submit one set of documents covering the 
standardized items for all of its engines.
    (i) For the required documentation that is not standardized across 
all engines, the manufacturer may be allowed to submit documentation for 
certification from one engine that is representative of other engines. 
All such engines shall be considered to be part of an OBD certification 
documentation group. To represent the OBD group, the chosen engine must 
be certified to the most stringent emissions standards and OBD 
monitoring requirements and cover all of the emissions control devices 
for the engines in the group and covered by the submitted documentation. 
Such OBD groups must be approved in advance of certification.
    (ii) Upon approval, one or more of the documentation requirements of 
this paragraph (m) of this section may be waived or modified if the 
information required is redundant or unnecessarily burdensome to 
generate.
    (iii) To the extent possible, the certification documentation must 
use SAE J1930 (as specified in paragraph (k)(1) of this section) or SAE 
J2403 (as specified in paragraph (k)(1) of this section) terms, 
abbreviations, and acronyms as specified in paragraph (k)(1) of this 
section.
    (2) Unless otherwise specified, the following information must be 
submitted as part of the certification application and prior to 
receiving a certificate.
    (i) A description of the functional operation of the OBD system 
including a complete written description for each monitoring strategy 
that outlines every step in the decision-making process of the monitor. 
Algorithms, diagrams, samples of data, and/or other graphical 
representations of the monitoring strategy shall be included where 
necessary to adequately describe the information.
    (ii) A table including the following information for each monitored 
component or system (either computer-sensed or computer-controlled) of 
the emissions control system:
    (A) Corresponding diagnostic trouble code.
    (B) Monitoring method or procedure for malfunction detection.
    (C) Primary malfunction detection parameter and its type of output 
signal.
    (D) Malfunction criteria limits used to evaluate output signal of 
primary parameter.
    (E) Other monitored secondary parameters and conditions (in 
engineering units) necessary for malfunction detection.
    (F) Monitoring time length and frequency of monitoring events.
    (G) Criteria for storing a diagnostic trouble code.
    (H) Criteria for activating a malfunction indicator light.
    (I) Criteria used for determining out-of-range values and input 
component rationality checks.
    (iii) Whenever possible, the table required by paragraph (m)(2)(ii) 
of this section shall use the following engineering units:
    (A) Degrees Celsius for all temperature criteria.

[[Page 308]]

    (B) KiloPascals (KPa) for all pressure criteria related to manifold 
or atmospheric pressure.
    (C) Grams (g) for all intake air mass criteria.
    (D) Pascals (Pa) for all pressure criteria related to evaporative 
system vapor pressure.
    (E) Miles per hour (mph) for all vehicle speed criteria.
    (F) Relative percent (%) for all relative throttle position criteria 
(as defined in SAE J1979 or SAE J1939 (both as specified in paragraph 
(k)(1) of this section)).
    (G) Voltage (V) for all absolute throttle position criteria (as 
defined in SAE J1979 or SAE J1939 (both as specified in paragraph (k)(1) 
of this section)).
    (H) Per crankshaft revolution (/rev) for all changes per ignition 
event based criteria (e.g., g/rev instead of g/stroke or g/firing).
    (I) Per second (/sec) for all changes per time based criteria (e.g., 
g/sec).
    (J) Percent of nominal tank volume (%) for all fuel tank level 
criteria.
    (iv) A logic flowchart describing the step-by-step evaluation of the 
enable criteria and malfunction criteria for each monitored emission 
related component or system.
    (v) Emissions test data, a description of the testing sequence 
(e.g., the number and types of preconditioning cycles), approximate time 
(in seconds) of MIL activation during the test, diagnostic trouble 
code(s) and freeze frame information stored at the time of detection, 
corresponding test results (e.g. SAE J1979 (as specified in paragraph 
(k)(1) of this section) Mode/Service $06, SAE J1939 (as specified in 
paragraph (k)(1) of this section) Diagnostic Message 8 (DM8)) stored 
during the test, and a description of the modified or deteriorated 
components used for malfunction simulation with respect to the 
demonstration tests specified in paragraph (l) of this section. The 
freeze frame data are not required for engines termed ``Extrapolated 
OBD'' engines.
    (vi) For gasoline engines, data supporting the misfire monitor, 
including:
    (A) The established percentage of misfire that can be tolerated 
without damaging the catalyst over the full range of engine speed and 
load conditions.
    (B) Data demonstrating the probability of detection of misfire 
events by the misfire monitoring system over the full engine speed and 
load operating range for the following misfire patterns: random 
cylinders misfiring at the malfunction criteria established in paragraph 
(h)(2)(ii)(B) of this section, one cylinder continuously misfiring, and 
paired cylinders continuously misfiring.
    (C) Data identifying all disablement of misfire monitoring that 
occurs during the FTP. For every disablement that occurs during the 
cycles, the data shall identify: when the disablement occurred relative 
to the driver's trace, the number of engine revolutions during which 
each disablement was present, and which disable condition documented in 
the certification application caused the disablement.
    (D) Manufacturers are not required to use the durability 
demonstration engine to collect the misfire data required by paragraph 
(m)(2)(vi) of this section.
    (vii) Data supporting the limit for the time between engine starting 
and attaining the designated heating temperature for after-start heated 
catalyst systems.
    (viii) Data supporting the criteria used to detect a malfunction of 
the fuel system, EGR system, boost pressure control system, catalyst, 
NOX adsorber, DPF, cold start emission reduction strategy, 
secondary air, evaporative system, VVT system, exhaust gas sensors, and 
other emission controls that causes emissions to exceed the applicable 
malfunction criteria specified in paragraphs (g) through (i) of this 
section. For diesel engine monitors required by paragraphs (g) and (i) 
of this section that are required to indicate a malfunction before 
emissions exceed an emission threshold based on any applicable standard 
(e.g., 2.5 times any of the applicable standards), the test cycle and 
standard determined by the manufacturer to be the most stringent for 
each applicable monitor in accordance with paragraph (f)(1) of this 
section.
    (ix) A list of all electronic powertrain input and output signals 
(including those not monitored by the OBD system) that identifies which 
signals are

[[Page 309]]

monitored by the OBD system. For input and output signals that are 
monitored as comprehensive components, the listing shall also identify 
the specific diagnostic trouble code for each malfunction criteria 
(e.g., out-of-range low, out-of-range high, open circuit, rationality 
low, rationality high).
    (x) A written description of all parameters and conditions necessary 
to begin closed-loop/feedback control of emission control systems (e.g., 
fuel system, boost pressure, EGR flow, SCR reductant delivery, DPF 
regeneration, fuel system pressure).
    (xi) A written identification of the communication protocol utilized 
by each engine for communication with a scan tool (model years 2010 
through 2012) or an SAE J1978 or SAE J1939 (both as specified in 
paragraph (k)(1) of this section) scan tool (model years 2013 and 
later).
    (xii) For model years 2013 and later, a pictorial representation or 
written description of the diagnostic connector location including any 
covers or labels.
    (xiii) A written description of the method used by the manufacturer 
to meet the requirements of paragraph (i)(2) of this section (crankcase 
ventilation system monitoring) including diagrams or pictures of valve 
and/or hose connections.
    (xiv) Build specifications provided to engine purchasers or chassis 
manufacturers detailing all specifications or limitations imposed on the 
engine purchaser relevant to OBD requirements or emissions compliance 
(e.g., cooling system heat rejection rates, allowable MIL locations, 
connector location specifications). A description of the method or 
copies of agreements used to ensure engine purchasers or chassis 
manufacturers will comply with the OBD and emissions relevant build 
specifications (e.g., signed agreements, required audit/evaluation 
procedures).
    (xv) Any other information determined by the Administrator to be 
necessary to demonstrate compliance with the requirements of this 
section.
    (3) In addition to the documentation required by paragraphs (m)(1) 
and (m)(2) of this section, a manufacturer making use of paragraph 
(a)(5) of this section must submit the following information with their 
application for certification.
    (i) A detailed description of how the OBD system meets the intent of 
Sec. 86.010-18.
    (ii) A detailed description of why the manufacturer has chosen not 
to design the OBD system to meet the requirements of Sec. 86.010-18 and 
has instead designed the OBD system to meet the applicable California 
OBD requirements.
    (iii) A detailed description of any deficiencies granted by the 
California staff and any concerns raised by California staff. A copy of 
a California Executive Order alone will not be considered acceptable 
toward meeting this requirement. This description shall also include, to 
the extent feasible, a plan with timelines for resolving deficiencies 
and/or concerns.
    (n) Deficiencies. (1) Upon application by the manufacturer, the 
Administrator may accept an OBD system as compliant even though specific 
requirements are not fully met. Such compliances without meeting 
specific requirements, or deficiencies, will be granted only if 
compliance is infeasible or unreasonable considering such factors as, 
but not limited to: Technical feasibility of the given monitor and lead 
time and production cycles including phase-in or phase-out of engines or 
vehicle designs and programmed upgrades of computers. Unmet requirements 
shall not be carried over from the previous model year except where 
unreasonable hardware or software modifications are necessary to correct 
the deficiency, and the manufacturer has demonstrated an acceptable 
level of effort toward compliance as determined by the Administrator. 
Furthermore, EPA will not accept any deficiency requests that include 
the complete lack of a major diagnostic monitor (``major'' diagnostic 
monitors being those for exhaust aftertreatment devices, oxygen sensor, 
air-fuel ratio sensor, NOX sensor, engine misfire, 
evaporative leaks, and diesel EGR, if equipped), with the possible 
exception of the special provisions for alternative fueled engines. For 
alternative fueled heavy-duty engines (e.g., natural gas, liquefied 
petroleum gas, methanol, ethanol), manufacturers may request the

[[Page 310]]

Administrator to waive specific monitoring requirements of this section 
for which monitoring may not be reliable with respect to the use of the 
alternative fuel. At a minimum, alternative fuel engines must be 
equipped with an OBD system meeting OBD requirements to the extent 
feasible as approved by the Administrator.
    (2) In the event the manufacturer seeks to carry-over a deficiency 
from a past model year to the current model year, the manufacturer must 
re-apply for approval to do so. In considering the request to carry-over 
a deficiency, the Administrator shall consider the manufacturer's 
progress towards correcting the deficiency. The Administrator may not 
allow manufacturers to carry over monitoring system deficiencies for 
more than two model years unless it can be demonstrated that substantial 
engine hardware modifications and additional lead time beyond two years 
are necessary to correct the deficiency.
    (3) A deficiency shall not be granted retroactively (i.e., after the 
engine has been certified).
    (o) Implementation schedule. Except as specifically provided for in 
this paragraph (o) for small volume manufacturers and alternative fueled 
engines, the requirements of this section must be met according to the 
following provisions:
    (1) For model years 2010 through 2012--(i) Full OBD. The 
manufacturer must implement an OBD system meeting the applicable 
requirements of Sec. 86.010-18 on one engine rating within one engine 
family of the manufacturer's product line. This ``Full OBD'' rating will 
be known as the ``OBD parent'' rating. The OBD parent rating must be 
chosen, unless otherwise approved by the Administrator, as the rating 
having the highest weighted projected U.S. sales within the engine 
family having the highest weighted projected U.S. sales, with U.S. sales 
being weighted by the useful life of the engine rating.
    (ii) Extrapolated OBD. For all other engine ratings within the 
engine family from which the OBD parent rating has been selected, the 
manufacturer must implement an OBD system meeting the applicable 
requirements of Sec. 86.010-18 except that the OBD system is not 
required to detect a malfunction prior to exceeding the emission 
thresholds shown in Table 1 of paragraph (g) and Table 2 of paragraph 
(h) of this section. These ``Extrapolated OBD'' engines will be know as 
the ``OBD child'' ratings. On these OBD child ratings, rather than 
detecting a malfunction prior to exceeding the emission thresholds, the 
manufacturer must submit a plan for Administrator review and approval 
that details the engineering evaluation the manufacturer will use to 
establish the malfunction criteria for the OBD child ratings. The plan 
must demonstrate both the use of good engineering judgment in 
establishing the malfunction criteria, and robust detection of 
malfunctions, including consideration of differences of base engine, 
calibration, emission control components, and emission control 
strategies.
    (iii) Engine families other than those from which the parent and 
child ratings have been selected, are not subject to the requirements of 
this section.
    (iv) Small volume manufacturers, as defined in Sec. 86.094-14(b)(1) 
and (2) and as determined using 2010 model year sales, are exempt from 
the requirements of this Sec. 86.010-18, unless model year 2011 or 
model year 2012 sales exceed 20,000 units.
    (v) Engines certified as alternative fueled engines are exempt from 
the requirements of this Sec. 86.010-18.
    (2) For model years 2013 through 2015--(i) OBD groups. The 
manufacturer shall define one or more OBD groups to cover all engine 
ratings in all engine families. The manufacturer must submit a grouping 
plan for Administrator review and approval detailing the OBD groups and 
the engine families and engine ratings within each group for a given 
model year.
    (ii) Full OBD. (A) For all model year 2010 through 2012 ``Full OBD'' 
and ``Extrapolated OBD'' engine ratings, the manufacturer must implement 
an OBD system meeting the applicable requirements of this section.
    (B) On one engine rating within each of the manufacturer's OBD 
groups, the manufacturer must implement an OBD system meeting the 
applicable requirements of this section. These ``Full OBD'' ratings will 
be known as the

[[Page 311]]

``OBD parent'' ratings. The OBD parent rating for each OBD group shall 
be chosen, unless otherwise approved by the Administrator, as the rating 
having the highest weighted projected U.S. sales within the OBD group, 
with U.S. sales being weighted by the useful life of the engine rating.
    (iii) Extrapolated OBD. For all other engine ratings within each OBD 
group, the manufacturer must implement an OBD system meeting the 
requirements of this section except that the OBD system is not required 
to detect a malfunction prior to exceeding the emission thresholds shown 
in Table 1 of paragraph (g) and Table 2 of paragraph (h) of this 
section. These extrapolated OBD engines will be know as the ``OBD 
child'' ratings. On these OBD child ratings, rather than detecting a 
malfunction prior to exceeding the emission thresholds, the manufacturer 
must submit a plan for Administrator review and approval that details 
the engineering evaluation the manufacturer will use to establish the 
malfunction criteria for the OBD child ratings. The plan must 
demonstrate both the use of good engineering judgment in establishing 
the malfunction criteria, and robust detection of malfunctions, 
including consideration of differences of base engine, calibration, 
emission control components, and emission control strategies.
    (iv) Engines certified as alternative fueled engines shall meet, to 
the extent feasible, the requirements specified in paragraph (i)(3) of 
this Sec. 86.010-18. Additionally, such engines shall monitor the 
NOX aftertreatment system on engines so equipped and detect a 
malfunction if:
    (A) The NOX aftertreatment system has no detectable 
amount of NOX aftertreatement capability (i.e., 
NOX catalyst conversion or NOX adsorption).
    (B) The NOX aftertreatment substrate is completely 
destroyed, removed, or missing.
    (C) The NOX aftertreatment assembly is replaced with a 
straight pipe.
    (3) For model years 2016 through 2018--(i) OBD groups. The 
manufacturer shall define one or more OBD groups to cover all engine 
ratings in all engine families. The manufacturer must submit a grouping 
plan for Administrator review and approval detailing the OBD groups and 
the engine families and engine ratings within each group for a given 
model year.
    (ii) Full OBD. The manufacturer must implement an OBD system meeting 
the applicable requirements of this section on all engine ratings in all 
engine families.
    (iii) Engines certified as alternative fueled engines shall meet, to 
the extent feasible, the requirements specified in paragraph (i)(3) of 
this Sec. 86.010-18. Additionally, such engines shall monitor the 
NOX aftertreatment system on engines so equipped and detect a 
malfunction if:
    (A) The NOX aftertreatment system has no detectable 
amount of NOX aftertreatement capability (i.e., 
NOX catalyst conversion or NOX adsorption).
    (B) The NOX aftertreatment substrate is completely 
destroyed, removed, or missing.
    (C) The NOX aftertreatment assembly is replaced with a 
straight pipe.
    (4) For model years 2019 and later. (i) The manufacturer must 
implement an OBD system meeting the applicable requirements of Sec. 
86.010-18 on all engines.
    (p) In-use compliance standards. For monitors required to indicate a 
malfunction before emissions exceed a certain emission threshold (e.g., 
2.5 times any of the applicable standards):
    (1) For model years 2010 through 2012. (i) On the full OBD rating 
(i.e., the parent rating) as defined in paragraph (o)(1) of this 
section, separate in-use emissions thresholds shall apply. These 
thresholds are determined by doubling the applicable thresholds as shown 
in Table 1 of paragraph (g) and Table 2 of paragraph (h) of this 
section. The resultant thresholds apply only in-use and do not apply for 
certification or selective enforcement auditing.
    (ii) The extrapolated OBD ratings (i.e., the child ratings) as 
defined in paragraph (o)(1) of this section shall not be evaluated 
against emissions levels for purposes of OBD compliance in-use.
    (iii) Only the test cycle and standard determined and identified by 
the manufacturer at the time of certification in accordance with 
paragraph (f) of this

[[Page 312]]

section as the most stringent shall be used for the purpose of 
determining OBD system noncompliance in-use.
    (iv) An OBD system shall not be considered noncompliant solely due 
to a failure or deterioration mode of a monitored component or system 
that could not have been reasonably foreseen to occur by the 
manufacturer.
    (2) For model years 2013 through 2015. (i) On the full OBD ratings 
as defined in paragraph (o)(2) of this section, separate in-use 
emissions thresholds shall apply. These thresholds are determined by 
doubling the applicable thresholds as shown in Table 1 of paragraph (g) 
and Table 2 of paragraph (h) of this section. The resultant thresholds 
apply only in-use and do not apply for certification or selective 
enforcement auditing.
    (ii) The extrapolated OBD ratings as defined in paragraph (o)(2) of 
this section shall not be evaluated against emissions levels for 
purposes of OBD compliance in-use.
    (iii) Only the test cycle and standard determined and identified by 
the manufacturer at the time of certification in accordance with 
paragraph (f) of this section as the most stringent shall be used for 
the purpose of determining OBD system noncompliance in-use.
    (iv) For monitors subject to meeting the minimum in-use monitor 
performance ratio of 0.100 in paragraph (d)(1)(ii), the OBD system shall 
not be considered noncompliant unless a representative sample indicates 
the in-use ratio is below 0.050.
    (v) An OBD system shall not be considered noncompliant solely due to 
a failure or deterioration mode of a monitored component or system that 
could not have been reasonably foreseen to occur by the manufacturer.
    (3) For model years 2016 through 2018. (i) On the engine ratings 
tested according to (l)(2)(iii) of this section, the certification 
emissions thresholds shall apply in-use.
    (ii) On the manufacturer's remaining engine ratings, separate in-use 
emissions thresholds shall apply. These thresholds are determined by 
doubling the applicable thresholds as shown in Table 1 of paragraph (g) 
and Table 2 of paragraph (h) of this section. The resultant thresholds 
apply only in-use and do not apply for certification or selective 
enforcement auditing.
    (iii) An OBD system shall not be considered noncompliant solely due 
to a failure or deterioration mode of a monitored component or system 
that could not have been reasonably foreseen to occur by the 
manufacturer.
    (4) For model years 2019 and later. (i) On all engine ratings, the 
certification emissions thresholds shall apply in-use.
    (ii) An OBD system shall not be considered noncompliant solely due 
to a failure or deterioration mode of a monitored component or system 
that could not have been reasonably foreseen to occur by the 
manufacturer.

[74 FR 8369, Feb. 24, 2009]



Sec. 86.010-38  Maintenance instructions.

    (a) The manufacturer shall furnish or cause to be furnished to the 
purchaser of each new motor vehicle (or motor vehicle engine) subject to 
the standards prescribed in Sec. 86.099-8, Sec. 86.004-9, Sec. 
86.004-10, or Sec. 86.004-11, as applicable, written instructions for 
the proper maintenance and use of the vehicle (or engine), by the 
purchaser consistent with the provisions of Sec. 86.004-25, which 
establishes what scheduled maintenance the Administrator approves as 
being reasonable and necessary.
    (1) The maintenance instructions required by this section shall be 
in clear, and to the extent practicable, nontechnical language.
    (2) The maintenance instructions required by this section shall 
contain a general description of the documentation which the 
manufacturer will require from the ultimate purchaser or any subsequent 
purchaser as evidence of compliance with the instructions.
    (b) Instructions provided to purchasers under paragraph (a) of this 
section shall specify the performance of all scheduled maintenance 
performed by the manufacturer on certification durability vehicles and, 
in cases where the manufacturer performs less maintenance on 
certification durability vehicles than the allowed limit, may specify 
the performance of any scheduled maintenance allowed under Sec. 86.004-
25.
    (c) Scheduled emission-related maintenance in addition to that 
performed

[[Page 313]]

under Sec. 86.004-25(b) may only be recommended to offset the effects 
of abnormal in-use operating conditions, except as provided in paragraph 
(d) of this section. The manufacturer shall be required to demonstrate, 
subject to the approval of the Administrator, that such maintenance is 
reasonable and technologically necessary to assure the proper 
functioning of the emission control system. Such additional recommended 
maintenance shall be clearly differentiated, in a form approved by the 
Administrator, from that approved under Sec. 86.004-25(b).
    (d) Inspections of emission-related parts or systems with 
instructions to replace, repair, clean, or adjust the parts or systems 
if necessary, are not considered to be items of scheduled maintenance 
which insure the proper functioning of the emission control system. Such 
inspections, and any recommended maintenance beyond that approved by the 
Administrator as reasonable and necessary under paragraphs (a), (b), and 
(c) of this section, may be included in the written instructions 
furnished to vehicle owners under paragraph (a) of this section: 
Provided, That such instructions clearly state, in a form approved by 
the Administrator, that the owner need not perform such inspections or 
recommended maintenance in order to maintain the emissions defect and 
emissions performance warranty or manufacturer recall liability.
    (e) The manufacturer may choose to include in such instructions an 
explanation of any distinction between the useful life specified on the 
label, and the emissions defect and emissions performance warranty 
period. The explanation must clearly state that the useful life period 
specified on the label represents the average period of use up to 
retirement or rebuild for the engine family represented by the engine 
used in the vehicle. An explanation of how the actual useful lives of 
engines used in various applications are expected to differ from the 
average useful life may be included. The explanation(s) shall be in 
clear, non-technical language that is understandable to the ultimate 
purchaser.
    (f) If approved by the Administrator, the instructions provided to 
purchasers under paragraph (a) of this section shall indicate what 
adjustments or modifications, if any, are necessary to allow the vehicle 
to meet applicable emission standards at elevations above 4,000 feet, or 
at elevations of 4,000 feet or less.
    (g) Emission control diagnostic service information. (1) 
Manufacturers are subject to the provisions of this paragraph (g) 
beginning in the 1996 model year for manufacturers of light-duty 
vehicles and light-duty trucks, and beginning in the 2005 model year for 
manufacturers of heavy-duty vehicles and heavy-duty engines weighing 
14,000 pounds gross vehicle weight (GVW) and less that are subject to 
the OBD requirements of this part.
    (2) General requirements. (i) Manufacturers shall furnish or cause 
to be furnished to any person engaged in the repairing or servicing of 
motor vehicles or motor vehicle engines, or the Administrator upon 
request, any and all information needed to make use of the on-board 
diagnostic system and such other information, including instructions for 
making emission-related diagnoses and repairs, including but not limited 
to service manuals, technical service bulletins, recall service 
information, bi-directional control information, and training 
information, unless such information is protected by section 208(c) of 
the Act as a trade secret. No such information may be withheld under 
section 208(c) of the Act if that information is provided (directly or 
indirectly) by the manufacturer to franchised dealers or other persons 
engaged in the repair, diagnosing, or servicing of motor vehicles or 
motor vehicle engines.
    (ii) Definitions. The following definitions apply for this paragraph 
(g):
    (A) Aftermarket service provider means any individual or business 
engaged in the diagnosis, service, and repair of a motor vehicle or 
engine, who is not directly affiliated with a manufacturer or 
manufacturer-franchised dealership.
    (B) Bi-directional control means the capability of a diagnostic tool 
to send messages on the data bus that temporarily overrides the module's 
control over a sensor or actuator and gives control to the diagnostic 
tool operator.

[[Page 314]]

Bi-directional controls do not create permanent changes to engine or 
component calibrations.
    (C) Data stream information means information (i.e., messages and 
parameters) originated within the vehicle by a module or intelligent 
sensors (i.e., a sensor that contains and is controlled by its own 
module) and transmitted between a network of modules and/or intelligent 
sensors connected in parallel with either one or more communication 
wires. The information is broadcast over the communication wires for use 
by the OBD system to gather information on emissions-related components 
or systems and from other vehicle modules that may impact emissions, 
including but not limited to systems such as chassis or transmission. 
For the purposes of this section, data stream information does not 
include engine calibration-related information, or any data stream 
information from systems or modules that do not impact emissions.
    (D) Emissions-related information means any information related to 
the diagnosis, service, and repair of emissions-related components. 
Emissions-related information includes, but is not limited to, 
information regarding any system, component or part of a vehicle that 
controls emissions and any system, component and/or part associated with 
the powertrain system, including, but not limited to:
    (1) The engine, the fuel system and ignition system,
    (2) Information for any system, component or part that is likely to 
impact emissions, such as transmission systems, and any other 
information specified by the Administrator to be relevant to the 
diagnosis and repair of an emissions-related problem; and
    (3) Any other information specified by the Administrator to be 
relevant for the diagnosis and repair of an emissions-related failure 
found through the inspection and maintenance program after such finding 
has been communicated to the affected manufacturer(s).
    (E) Emissions-related training information means any information-
related training or instruction for the purpose of the diagnosis, 
service, and repair of emissions-related components.
    (F) Enhanced service and repair information means information which 
is specific for an original equipment manufacturer's brand of tools and 
equipment. This includes computer or anti-theft system initialization 
information necessary for the completion of any emissions-related repair 
on motor vehicles that employ integral vehicle security systems.
    (G) Equipment and tool company means a registered automotive 
equipment or software company either public or private that is engaged 
in, or plans to engage in, the manufacture of automotive scan tool 
reprogramming equipment or software.
    (H) Generic service and repair information means information which 
is not specific for an original equipment manufacturer's brand of tools 
and equipment.
    (I) Indirect information means any information that is not 
specifically contained in the service literature, but is contained in 
items such as tools or equipment provided to franchised dealers (or 
others). This includes computer or anti-theft system initialization 
information necessary for the completion of any emissions-related repair 
on motor vehicles that employ integral vehicle security systems.
    (J) Intermediary means any individual or entity, other than an 
original equipment manufacturer, which provides service or equipment to 
aftermarket service providers.
    (K) Manufacturer-franchised dealership means any service provider 
with which a manufacturer has a direct business relationship.
    (L) Third-party information provider means any individual or entity, 
other than an original equipment manufacturer, who consolidates 
manufacturer service information and makes this information available to 
aftermarket service providers.
    (M) Third-party training provider means any individual or entity, 
other than an original equipment manufacturer who develops and/or 
delivers instructional and educational material for automotive training 
courses.
    (3) Information dissemination. By December 24, 2003, each 
manufacturer was

[[Page 315]]

required to provide or cause to be provided to the persons specified in 
paragraph (g)(2)(i) of this section and to any other interested parties 
a manufacturer-specific World Wide Web site containing the information 
specified in paragraph (g)(2)(i) of this section for 1996 and later 
model year vehicles which have been offered for sale; this requirement 
does not apply to indirect information, including the information 
specified in paragraphs (g)(12) through (g)(16) of this section. Upon 
request and approval of the Administrator, manufacturers who can 
demonstrate significant hardship in complying with this provision by 
December 26, 2003, may request an additional six months lead time to 
meet this requirement. Each manufacturer Web site shall:
    (i) Provide access in full-text to all of the information specified 
in paragraph (g)(5) of this section.
    (ii) Be updated at the same time as manufacturer-franchised 
dealership World Wide Web sites;
    (iii) Provide users with a description of the minimum computer 
hardware and software needed by the user to access that manufacturer's 
information (e.g., computer processor speed and operating system 
software). This description shall appear when users first log-on to the 
home page of the manufacturer Web site.
    (iv) Provide Short-Term (24 to 72 hours), Mid-Term (30 day period), 
and Long-Term (365 day period) Web site subscription options to any 
person specified in paragraph (g)(2)(i) of this section whereby the user 
will be able to access the site, search for the information, and 
purchase, view and print the information at a fair and reasonable cost 
as specified in paragraph (g)(7) of this section for each of the 
subscription options. In addition, for each of the subscription options, 
manufacturers are required to make their entire site accessible for the 
respective period of time and price. In other words, a manufacturer may 
not limit any or all of the subscription options to just one make or one 
model.
    (v) Allow the user to search the manufacturer Web site by various 
topics including but not limited to model, model year, key words or 
phrases, etc., while allowing ready identification of the latest vehicle 
calibration. Manufacturers who do not use model year to classify their 
vehicles in their service information may use an alternate vehicle 
delineation such as body series. Any manufacturer utilizing this 
flexibility shall create a cross-reference to the corresponding model 
year and provide this cross-reference on the manufacturer Web site home 
page.
    (vi) Provide accessibility using common, readily available software 
and shall not require the use of software, hardware, viewers, or 
browsers that are not readily available to the general public. 
Manufacturers shall also provide hyperlinks to any plug-ins, viewers or 
browsers (e.g., Adobe Acrobat or Netscape) needed to access the 
manufacturer Web site.
    (vii) Allow simple hyper-linking to the manufacturer Web site from 
government Web sites and automotive-related Web sites.
    (viii) Allow access to the manufacturer Web site with no limits on 
the modem speed by which aftermarket service providers or other 
interested parties can connect to the manufacturer Web site.
    (ix) Possess sufficient server capacity to allow ready access by all 
users and have sufficient capacity to assure that all users may obtain 
needed information without undue delay.
    (x) Correct or delete broken Web links on a weekly basis.
    (xi) Allow for Web site navigation that does not require a user to 
return to the manufacturer home page or a search engine in order to 
access a different portion of the site.
    (xii) Allow users to print out any and all of the materials required 
to be made available on the manufacturer Web site including the ability 
to print it at the user's location.
    (4) Small volume provisions for information dissemination.
    (i) Manufacturers with annual sales of less than 5,000 vehicles had 
until June 28, 2004 to launch their individual Web sites as required by 
paragraph (g)(3) of this section.
    (ii) Manufacturers with annual sales of less than 1,000 vehicles 
may, in lieu of meeting the requirement of paragraph (g)(3) of this 
section, request the

[[Page 316]]

Administrator to approve an alternative method by which the required 
emissions-related information can be obtained by the persons specified 
in paragraph (g)(2)(i) of this section.
    (5) Required information. All information relevant to the diagnosis 
and completion of emissions-related repairs shall be posted on 
manufacturer Web sites. This excludes indirect information specified in 
paragraphs (g)(6) and (g)(12) through (g)(16) of this section. To the 
extent that this information does not already exist in some form for 
their manufacturer franchised dealerships, manufacturers are required to 
develop and make available the information required by this section to 
both their manufacturer franchised dealerships and the aftermarket. The 
required information includes, but is not limited to:
    (i) Manuals, including subsystem and component manuals developed by 
a manufacturer's third party supplier that are made available to 
manufacturer franchised dealerships, technical service bulletins (TSBs), 
recall service information, diagrams, charts, and training materials. 
Manuals and other such service information from third party suppliers 
are not required to be made available in full-text on manufacturer Web 
sites as described in paragraph (g)(3) of this section. Rather, 
manufacturers must make available on the manufacturer Web site as 
required by paragraph (g)(3) of this section an index of the relevant 
information and instructions on how to order such third party 
information. In the alternative, a manufacturer can create a link from 
its Web site to the Web site(s) of the third party supplier.
    (ii) OBD system information which includes, but is not limited to, 
the following:
    (A) A general description of the operation of each monitor, 
including a description of the parameter that is being monitored;
    (B) A listing of all typical OBD diagnostic trouble codes associated 
with each monitor;
    (C) A description of the typical enabling conditions (either generic 
or monitor-specific) for each monitor (if equipped) to execute during 
vehicle operation, including, but not limited to, minimum and maximum 
intake air and engine coolant temperature, vehicle speed range, and time 
after engine startup. In addition, manufacturers shall list all monitor-
specific OBD drive cycle information for all major OBD monitors as 
equipped including, but not limited to, catalyst, catalyst heater, 
oxygen sensor, oxygen sensor heater, evaporative system, exhaust gas re-
circulation (EGR), secondary air, and air conditioning system. 
Additionally, for diesel vehicles under 14,000 pounds. GVWR which also 
perform misfire, fuel system and comprehensive component monitoring 
under specific driving conditions (i.e., non-continuous monitoring; as 
opposed to spark ignition engines that monitor these systems under all 
conditions or continuous monitoring), the manufacturer shall make 
available monitor-specific drive cycles. Any manufacturer who develops 
generic drive cycles, either in addition to, or instead of, monitor-
specific drive cycles shall also make these available in full-text on 
manufacturer Web sites;
    (D) A listing of each monitor sequence, execution frequency and 
typical duration;
    (E) A listing of typical malfunction thresholds for each monitor;
    (F) For OBD parameters for specific vehicles that deviate from the 
typical parameters, the OBD description shall indicate the deviation and 
provide a separate listing of the typical values for those vehicles;
    (G) Identification and scaling information necessary to interpret 
and understand data available to a generic scan tool through ``mode 6,'' 
pursuant to SAE J1979 (as specified in paragraph (g)(17) of this 
section).
    (H) Algorithms, look-up tables, or any values associated with look-
up tables are not required to be made available.
    (iii) Any information regarding any system, component, or part of a 
vehicle monitored by the OBD system that could in a failure mode cause 
the OBD system to illuminate the malfunction indicator light (MIL);

[[Page 317]]

    (iv) Any information on other systems that can effect the emission 
system within a multiplexed system (including how information is sent 
between emission-related system modules and other modules on a 
multiplexed bus);
    (v) Manufacturer-specific emissions-related diagnostic trouble codes 
(DTCs) and any related service bulletins, trouble shooting guides, and/
or repair procedures associated with these manufacturer-specific DTCs; 
and
    (vi) Information regarding how to obtain the information needed to 
perform reinitialization of any vehicle computer or anti-theft system 
following an emissions-related repair.
    (6) Anti-theft system initialization information. Computer or anti-
theft system initialization information and/or related tools necessary 
for the proper installation of on-board computers or necessary for the 
completion of any emissions-related repair on motor vehicles that employ 
integral vehicle security systems or the repair or replacement of any 
other emission-related part shall be made available at a fair and 
reasonable cost to the persons specified in paragraph (g)(2)(i) of this 
section.
    (i) Except as provided under paragraph (g)(6)(ii) of this section, 
manufacturers must make this information available to persons specified 
in paragraph (g)(2)(i) of this section, such that such persons will not 
need any special tools or manufacturer-specific scan tools to perform 
the initialization. Manufacturers may make such information available 
through, for example, generic aftermarket tools, a pass-through device, 
or inexpensive manufacturer-specific cables.
    (ii) A manufacturer may request Administrator approval for an 
alternative means to re-initialize vehicles for some or all model year 
vehicles through the 2007 model year by September 26, 2003. The 
Administrator shall approve the request only after the following 
conditions have been met:
    (A) The manufacturer must demonstrate that the availability of such 
information to aftermarket service providers would significantly 
increase the risk of vehicle theft.
    (B) The manufacturer must make available a reasonable alternative 
means to install or repair computers, or to otherwise repair or replace 
an emission-related part.
    (C) Any alternative means proposed by a manufacturer cannot require 
aftermarket technicians to use a manufacturer franchised dealership to 
obtain information or special tools to re-initialize the anti-theft 
system. All information must come directly from the manufacturer or a 
single manufacturer-specified designee.
    (D) Any alternative means proposed by a manufacturer must be 
available to aftermarket technicians at a fair and reasonable price.
    (E) Any alternative must be available to aftermarket technicians 
within twenty-four hours of the initial request.
    (F) Any alternative must not require the purchase of a special tool 
or tools, including manufacturer-specific tools, to complete this 
repair. Alternatives may include lease of such tools, but only for 
appropriately minimal cost.
    (G) In lieu of leasing their manufacturer-specific tool to meet this 
requirement, a manufacturer may also release the necessary information 
to equipment and tool manufacturers for incorporation into aftermarket 
scan tools. Any manufacturer choosing this option must release the 
information to equipment and tool manufacturers within 60 days of 
Administrator approval. Manufacturers may also comply with this 
requirement using SAE J2534 (as specified in paragraph (g)(17) of this 
section) for some or all model years through model year 2007.
    (7) Cost of required information. (i) All information required to be 
made available by this section shall be made available at a fair and 
reasonable price. In determining whether a price is fair and reasonable, 
consideration may be given to relevant factors, including, but not 
limited to, the following:
    (A) The net cost to the manufacturer-franchised dealerships for 
similar information obtained from manufacturers, less any discounts, 
rebates, or other incentive programs.

[[Page 318]]

    (B) The cost to the manufacturer for preparing and distributing the 
information, excluding any research and development costs incurred in 
designing and implementing, upgrading or altering the onboard computer 
and its software or any other vehicle part or component. Amortized 
capital costs for the preparation and distribution of the information 
may be included.
    (C) The price charged by other manufacturers for similar 
information.
    (D) The price charged by manufacturers for similar information prior 
to the launch of manufacturer Web sites.
    (E) The ability of aftermarket technicians or shops to afford the 
information.
    (F) The means by which the information is distributed;
    (G) The extent to which the information is used, which includes the 
number of users, and frequency, duration, and volume of use.
    (H) Inflation.
    (ii) By August 25, 2003, each manufacturer was required to submit to 
the Administrator a request for approval of their pricing structure for 
their Web sites and amounts to be charged for the information required 
to be made available under paragraphs (g)(3) and (g)(5) of this section. 
Subsequent to the approval of the manufacturer Web site pricing 
structure, manufacturers shall notify the Administrator upon the 
increase in price of any one or all of the subscription options of 20 
percent or more above the previously-approved price, taking inflation 
into account.
    (A) The manufacturer shall submit a request to the Administrator 
that sets forth a detailed description of the pricing structure and 
amounts, and support for the position that the pricing structure and 
amounts are fair and reasonable by addressing, at a minimum, each of the 
factors specified in paragraph (g)(7)(i) of this section.
    (B) The Administrator will act upon the request within 180 days 
following receipt of a complete request or following receipt of any 
additional information requested by the Administrator.
    (C) The Administrator may decide not to approve, or to withdraw 
approval for a manufacturer's pricing structure and amounts based on a 
conclusion that this pricing structure and/or amounts are not, or are no 
longer, fair and reasonable, by sending written notice to the 
manufacturer explaining the basis for this decision.
    (D) In the case of a decision by the Administrator not to approve or 
to withdraw approval, the manufacturer shall within three months 
following notice of this decision, obtain Administrator approval for a 
revised pricing structure and amounts by following the approval process 
described in this paragraph (g)(7)(ii).
    (8) Unavailable information. Any information which is not provided 
at a fair and reasonable price shall be considered unavailable, in 
violation of these regulations and section 202(m)(5) of the Clean Air 
Act.
    (9) Third-party information providers. By December 24, 2003, 
manufacturers shall, for model year 2004 and later vehicles and engines, 
make available to third-party information providers as defined in 
paragraph (g)(2)(ii) of this section with whom they engage in licensing 
or business arrangements;
    (i) The required emissions-related information as specified in 
paragraph (g)(5) of this section either:
    (A) Directly in electronic format such as diskette or CD-ROM using 
non-proprietary software, in English; or
    (B) Indirectly via a Web site other than that required by paragraph 
(g)(3) of this section;
    (ii) For any manufacturer who utilizes an automated process in their 
manufacturer-specific scan tool for diagnostic fault trees, the data 
schema, detail specifications, including category types/codes and 
vehicle codes, and data format/content structure of the diagnostic 
trouble trees.
    (iii) Manufacturers can satisfy the requirement of paragraph 
(g)(9)(ii) of this section by making available diagnostic trouble trees 
on their manufacturer Web sites in full-text.
    (iv) Manufacturers are not responsible for the accuracy of the 
information distributed by third parties. However, where manufacturers 
charge information intermediaries for information, whether through 
licensing agreements or other arrangements, manufacturers are 
responsible for inaccuracies contained in the information they

[[Page 319]]

provide to third-party information providers.
    (10) Required emissions-related training information. By December 
24, 2003, for emissions-related training information, manufacturers were 
required to:
    (i) Video tape or otherwise duplicate and make available for sale on 
manufacturer Web sites within 30 days after transmission any emissions-
related training courses provided to manufacturer franchised dealerships 
via the Internet or satellite transmission;
    (ii) Provide on the manufacturer Web site an index of all emissions-
related training information available for purchase by aftermarket 
service providers for 1994 and newer vehicles. For model years 
subsequent to 2003, the required information must be made available for 
purchase within 3 months of model introduction and then must be made 
available at the same time it is made available to manufacturer 
franchised dealerships, whichever is earlier. The index shall describe 
the title of the course or instructional session, the cost of the video 
tape or duplicate, and information on how to order the item(s) from the 
manufacturer Web site. All of the items available must be shipped within 
24 hours of the order being placed and are to be made available at a 
fair and reasonable price as described in paragraph (g)(7) of this 
section. Manufacturers unable to meet the 24 hour shipping requirement 
under circumstances where orders exceed supply and additional time is 
needed by the distributor to reproduce the item being ordered, may 
exceed the 24 hour shipping requirement, but in no instance can take 
longer than 14 days to ship the item.
    (iii) Provide access to third-party training providers as defined in 
paragraph (g)(2)(ii) of this section all emission-related training 
courses transmitted via satellite or Internet offered to their 
manufacturer franchised dealerships. Manufacturers may not charge 
unreasonable up-front fees to third-party training providers for this 
access, but may require a royalty, percentage, or other arranged fee 
based on per-use enrollment/subscription basis. Manufacturers may take 
reasonable steps to protect any copyrighted information and are not 
required to provide this information to parties that do not agree to 
such steps.
    (11) Timeliness and maintenance of information dissemination--(i) 
General Requirements. Subsequent to the initial launch of the 
manufacturer's Web site, manufacturers must make the information 
required under paragraph (g)(5) of this section available on their Web 
site within six months of model introduction, or at the same time it is 
made available to manufacturer franchised dealerships, whichever is 
earlier. After this six-month period, the information must be available 
and updated on the manufacturer Web site at the same time that the 
updated information is made available to manufacturer franchised 
dealerships, except as otherwise specified in this section.
    (ii) Archived information. Beginning with the 1996 model year, 
manufacturers must maintain the required information on their Web sites 
in full-text as defined in paragraph (g)(5) of this section for a 
minimum of 15 years after model introduction. Subsequent to this fifteen 
year period, manufacturers may archive the information in the 
manufacturer's format of choice and provide an index of the archived 
information on the manufacturer Web site and how it can be obtained by 
interested parties. Manufacturers shall index their available 
information with a title that adequately describes the contents of the 
document to which it refers. Manufacturers may allow for the ordering of 
information directly from their Web site, or from a Web site hyperlinked 
to the manufacturer Web site. In the alternative, manufacturers shall 
list a phone number and address where aftermarket service providers can 
call or write to obtain the desired information. Manufacturers must also 
provide the price of each item listed, as well as the price of items 
ordered on a subscription basis. To the extent that any additional 
information is added or changed for these model years, manufacturers 
shall update the index as appropriate. Manufacturers will be responsible 
for ensuring that all information, including information that is 
distributed through information distributors, is provided within one 
regular business day of receiving the order. Items that are less than 20 
pages (e.g.

[[Page 320]]

technical service bulletins) shall be faxed, if requested, to the 
requestor and manufacturers are required to deliver the information 
overnight if requested and paid for by the ordering party. Archived 
information must be made available on demand and at a fair and 
reasonable price.
    (12) Reprogramming information. (i) For model years 1996 and later, 
manufacturers shall make available to the persons specified in paragraph 
(g)(2)(i) of this section all emissions-related recalibration or 
reprogramming events (including driveability reprogramming events that 
may affect emissions) in the format of its choice at the same time they 
are made available to manufacturer franchised dealerships. This 
requirement takes effect on September 25, 2003, and within 3 months of 
model introduction for all new model years.
    (ii) For model years 1996 and later manufacturers shall provide 
persons specified in paragraph (g)(2)(i) of this section with an 
efficient and cost-effective method for identifying whether the 
calibrations on vehicles are the latest to be issued. This requirement 
takes effect on September 25, 2003, and within 3 months of model 
introduction for all new model years.
    (iii) For all 2004 and later OBD vehicles equipped with 
reprogramming capability, manufacturers shall comply with SAE J2534 (as 
specified in paragraph (g)(17) of this section). Any manufacturer who 
cannot comply with SAE J2534 in model year 2004 may request one year 
additional lead time from the Administrator.
    (iv) For model years 2004 and later, manufacturers shall make 
available to aftermarket service providers the necessary manufacturer-
specific software applications and calibrations needed to initiate pass-
through reprogramming. This software shall be able to run on a standard 
personal computer that utilizes standard operating systems as specified 
in SAE J2534 (as specified in paragraph (g)(17) of this section).
    (v) For model years prior to 2004, manufacturers may use SAE J2534 
(as specified in paragraph (g)(17) of this section) as described above, 
provided they make available to the aftermarket any additional required 
hardware (i.e. cables). Manufacturers may not require the purchase or 
use of a manufacturer-specific scan tool to receive or use this 
additional hardware. Manufacturers must also make available the 
necessary manufacturer-specific software applications and calibrations 
needed to initiate pass-through reprogramming. Manufacturers must also 
make available to equipment and tool companies any information needed to 
develop aftermarket equivalents of the manufacturer-specific hardware.
    (vi) Manufacturers may take any reasonable business precautions 
necessary to protect proprietary business information and are not 
required to provide this information to any party that does not agree to 
these reasonable business precautions. The requirement to make hardware 
available and to release the information to equipment and tool companies 
takes effect on September 25, 2003, and within 3 months of model 
introduction for all new model years.
    (vii) Manufacturers who cannot comply with paragraphs (g)(12)(v) and 
(g)(12)(vi) of this section shall make available to equipment and tool 
companies by September 25, 2003 the following information necessary for 
reprogramming the Electronic Control Unit (ECU):
    (A) The physical hardware requirements for reprogramming events or 
tools (e.g. system voltage requirements, cable terminals/pins, 
connections such as RS232 or USB, wires, etc.).
    (B) ECU data communication (e.g. serial data protocols, transmission 
speed or baud rate, bit timing requirements, etc.).
    (C) Information on the application physical interface (API) or 
layers (descriptions for procedures such as connection, initialization, 
performing and verifying programming/download, and termination).
    (D) Vehicle application information or any other related service 
information such as special pins and voltages for reprogramming events 
or additional vehicle connectors that require enablement and 
specifications for the enablement.
    (E) Information that describes what interfaces or combinations of 
interfaces are used to deliver calibrations from database media (e.g. PC 
using

[[Page 321]]

CDROM to the reprogramming device e.g. scan tool or black box).
    (viii) A manufacturer can propose an alternative to the requirements 
of paragraph (g)(12)(vii) of this section for how aftermarket service 
providers can reprogram an ECU. The Administrator will approve this 
alternative if the manufacturer demonstrates all of the following:
    (A) That it cannot comply with paragraph (g)(12)(v) of this section 
for the vehicles subject to the alternative plan;
    (B) That a very small percentage of its vehicles in model years 
prior to 2004 cannot be reprogrammed with the provisions described in 
paragraph (g)(12)(v) of this section, or that releasing the information 
to tool companies would likely not result in this information being 
incorporated into aftermarket tools; and
    (C) That aftermarket service providers will be able to reprogram 
promptly at a reasonable cost.
    (ix) In meeting the requirements of paragraphs (g)(12)(v) through 
(g)(12)(vii) of this section, manufacturers may take any reasonable 
business precautions necessary to protect proprietary business 
information and are not required to provide this information to any 
party that does not agree to these reasonable business precautions.
    (13) Generic and enhanced information for scan tools. By September 
25, 2003, manufacturers shall make available to equipment and tool 
companies all generic and enhanced service information including bi-
directional control and data stream information as defined in paragraph 
(g)(2)(ii) of this section. This requirement applies for 1996 and later 
model year vehicles.
    (i) The information required by paragraph (g)(13) of this section 
shall be provided electronically using common document formats to 
equipment and tool companies with whom they have appropriate licensing, 
contractual, and/or confidentiality arrangements. To the extent that a 
central repository for this information (e.g. the TEK-NET library 
developed by the Equipment and Tool Institute) is used to warehouse this 
information, the Administrator shall have free unrestricted access. In 
addition, information required in paragraph (g)(13) of this section 
shall be made available to equipment and tool companies who are not 
otherwise members of any central repository and shall have access if the 
non-members have arranged for the appropriate licensing, contractual 
and/or confidentiality arrangements with the manufacturer and/or a 
central repository.
    (ii) In addition to the generic and enhanced information defined in 
paragraph (g)(2)(ii) of this section, manufacturers shall also make 
available the following information necessary for developing generic 
diagnostic scan tools:
    (A) The physical hardware requirements for data communication (e.g. 
system voltage requirements, cable terminals/pins, connections such as 
RS232 or USB, wires, etc.),
    (B) ECU data communication (e.g. serial data protocols, transmission 
speed or baud rate, bit timing requirements, etc.),
    (C) Information on the application physical interface (API) or 
layers. (i.e., processing algorithms or software design descriptions for 
procedures such as connection, initialization, and termination),
    (D) Vehicle application information or any other related service 
information such as special pins and voltages or additional vehicle 
connectors that require enablement and specifications for the 
enablement.
    (iii) Any manufacturer who utilizes an automated process in its 
manufacturer-specific scan tool for diagnostic fault trees shall make 
available to equipment and tool companies the data schema, detail 
specifications, including category types/codes and vehicle codes, and 
data format/content structure of the diagnostic trouble trees.
    (iv) Manufacturers can satisfy the requirement of paragraph 
(g)(13)(iii) of this section by making available diagnostic trouble 
trees on their manufacturer Web sites in full-text.
    (14) Availability of manufacturer-specific scan tools. Manufacturers 
shall make available for sale to the persons specified in paragraph 
(g)(2)(i) of this section their own manufacturer-specific diagnostic 
tools at a fair and reasonable cost. These tools shall also be

[[Page 322]]

made available in a timely fashion either through the manufacturer Web 
site or through a manufacturer-designated intermediary. Manufacturers 
who develop different versions of one or more of their diagnostic tools 
that are used in whole or in part for emission-related diagnosis and 
repair shall insure that all emission-related diagnosis and repair 
information is available for sale to the aftermarket at a fair and 
reasonable cost. Manufacturers shall provide technical support to 
aftermarket service providers for the tools described in this section, 
either themselves or through a third party of its choice. Factors for 
determining fair and reasonable cost include, but are not limited to:
    (i) The net cost to the manufacturer's franchised dealerships for 
similar tools obtained from manufacturers, less any discounts, rebates, 
or other incentive programs;
    (ii) The cost to the manufacturer for preparing and distributing the 
tools, excluding any research and development costs;
    (iii) The price charged by other manufacturers of similar sizes for 
similar tools;
    (iv) The capabilities and functionality of the manufacturer tool;
    (v) The means by which the tools are distributed;
    (vi) Inflation.
    (vii) The ability of aftermarket technicians and shops to afford the 
tools.
    (15) Changing content of manufacturer-specific scan tools. 
Manufacturers who opt to remove non-emissions related content from their 
manufacturer-specific scan tools and sell them to the persons specified 
in paragraph (g)(2)(i) of this section shall adjust the cost of the tool 
accordingly lower to reflect the decreased value of the scan tool. All 
emissions-related content that remains in the manufacturer-specific tool 
shall be identical to the information that is contained in the complete 
version of the manufacturer-specific tool. Any manufacturer who wishes 
to implement this option must request approval from the Administrator 
prior to the introduction of the tool into commerce.
    (16) Special tools. (i) Manufacturers who have developed special 
tools to extinguish the malfunction indicator light (MIL) for Model 
Years 1994 through 2003 shall make available the necessary information 
to equipment and tool companies to design a comparable generic tool. 
This information was required to be made available to equipment and tool 
companies no later than September 25, 2003.
    (ii) Manufacturers are prohibited from requiring special tools to 
extinguish the malfunction indicator light (MIL) beginning with Model 
Year 2004.
    (17) Reference materials. Manufacturers shall conform with the 
following Society of Automotive Engineers (SAE) standards. These 
documents are incorporated by reference, see Sec. 86.1. Anyone may 
inspect copies at the U.S. EPA or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at U.S. EPA, NARA, or the standard making body directly, refer 
to Sec. 86.1.
    (i) SAE J1930, Revised May 1998. For Web-based delivery of service 
information, manufacturers shall comply with this industry standard. 
This recommended practice standardizes various terms, abbreviations, and 
acronyms associated with on-board diagnostics. Manufacturers shall 
comply with SAE J1930 beginning with Model Year 2004.
    (ii) SAE J1979, Revised September 1997. For identification and 
scaling information necessary to interpret and understand data available 
to a generic scan tool through ``mode 6,'' manufacturers shall comply 
with this industry standard. This recommended practice describes the 
implementation of the diagnostic test modes for emissions-related test 
data. Manufacturers shall comply with this industry standard beginning 
with Model Year 2004.
    (iii) SAE J2284-3, May 2001. For allowing ECU and equipment and tool 
manufacturers to satisfy the needs of multiple end users with minimum 
modification to a basic ECU design, manufacturers shall comply with this 
industry standard which establishes standard ECU physical layer, data 
link layer, and media design criteria. Manufacturers may comply with SAE 
J2284-3 beginning with model year 2003 and

[[Page 323]]

shall comply with SAE J2284-3 beginning with model year 2008.
    (iv) SAE J2534, February 2002. For pass-through reprogramming 
capabilities, manufacturers shall comply with this industry standard 
which provides technical specifications and information that 
manufacturers must supply to equipment and tool companies to develop 
aftermarket pass-through reprogramming tools. Manufacturers shall comply 
with SAE J2534 beginning with model year 2004.
    (18) Reporting requirements. Manufacturers shall provide to the 
Administrator reports on an annual basis within 30 days of the end of 
the calendar year and upon request of the Administrator, that describe 
the performance of their individual Web sites. These annual reports 
shall be submitted to the Administrator electronically utilizing non-
proprietary software in the format as agreed to by the Administrator and 
the manufacturers. Manufacturers may request Administrator approval to 
report on parameters other than those described below if the 
manufacturer can demonstrate that those alternate parameters will 
provide sufficient and similar information for the Administrator to 
effectively evaluate the manufacturer Web site. These annual reports 
shall include, at a minimum, monthly measurements of the following 
parameters:
    (i) Total successful requests (measured in number of files including 
graphic interchange formats (GIFs) and joint photographic expert group 
(JPEG) images, i.e., electronic images such as wiring or other diagrams 
or pictures). This is defined as the total successful request counts of 
all the files which have been requested, including pages, graphics, etc.
    (ii) Total failed requests (measured in number of files). This is 
defined as the total failed request counts of all the files which were 
requested but failed because they could not be found or were read-
protected. This includes pages, graphics, etc.
    (iii) Average data transferred per day (measured by bytes). This is 
defined as average amount of data transferred per day from one place to 
another.
    (iv) Daily Summary (measured in number of files/pages by day of 
week). This is defined as the total number of requests each day of the 
week, over the time period given at the beginning of the report.
    (v) Daily report (measured in number of files/pages by the day of 
the month). This is defined as how many requests there were in each day 
of a specific month.
    (vi) Browser Summary (measured in number of files/pages by browser 
type, i.e., Netscape, Internet Explorer). This is defined as the 
versions of a browser by vendor.
    (vii) Any other information deemed necessary by the Administrator to 
determine the adequacy of a manufacturer Web site.
    (19) Prohibited acts, liability and remedies. (i) It is a prohibited 
act for any person to fail to promptly provide or cause a failure to 
promptly provide information as required by this paragraph (g), or to 
otherwise fail to comply or cause a failure to comply with any provision 
of this paragraph (g).
    (ii) Any person who fails or causes the failure to comply with any 
provision of this paragraph (g) is liable for a violation of that 
provision. A corporation is presumed liable for any violations of this 
subpart that are committed by any of its subsidiaries, affiliates or 
parents that are substantially owned by it or substantially under its 
control.
    (iii) Any person who violates a provision of this paragraph (g) 
shall be subject to a civil penalty of not more than $32,500 per day for 
each violation. This maximum penalty is shown for calendar year 2004. 
Maximum penalty limits for later years may be set higher based on the 
Consumer Price Index, as specified in 40 CFR part 19. In addition, such 
person shall be liable for all other remedies set forth in Title II of 
the Clean Air Act, remedies pertaining to provisions of Title II of the 
Clean Air Act, or other applicable provisions of law.
    (h) The manufacturer shall furnish or cause to be furnished to the 
purchaser of each new motor engine subject to the standards prescribed 
in Sec. 86.004-10 or Sec. 86.004-11, as applicable, the following:
    (1) Instructions for all maintenance needed after the end of the 
useful life

[[Page 324]]

of the engine for critical emissions-related components as provided in 
Sec. 86.004-25(b), including recommended practices for diagnosis, 
cleaning, adjustment, repair, and replacement of the component (or a 
statement that such component is maintenance free for the life of the 
engine) and instructions for accessing and responding to any emissions-
related diagnostic codes that may be stored in on-board monitoring 
systems;
    (2) A copy of the engine rebuild provisions contained in Sec. 
86.004-40.
    (i) For each new diesel-fueled engine subject to the standards 
prescribed in Sec. 86.007-11, as applicable, the manufacturer shall 
furnish or cause to be furnished to the ultimate purchaser a statement 
that ``This engine must be operated only with ultra low-sulfur diesel 
fuel (meeting EPA specifications for highway diesel fuel, including a 15 
ppm sulfur cap).''
    (j) Emission control diagnostic service information for heavy-duty 
engines used in vehicles over 14,000 pounds gross vehicle weight (GVW)
    (1) Manufacturers of heavy-duty engines used in applications 
weighing more than 14,000 pounds gross vehicle weight (GVW) that are 
subject to the applicable OBD requirements of this subpart A are subject 
to the provisions of this paragraph (j) beginning in the 2010 model 
year. The provisions of this paragraph (j) apply only to those heavy-
duty engines subject to the applicable OBD requirements.
    (2) Upon Administrator approval, manufacturers of vehicles may 
alternatively comply with all service information and tool provisions 
found in Sec. 86.1808-01 that are applicable to 2001 and subsequent 
model year vehicles weighing less than 14,000 pounds gross vehicle 
weight (GVW). Upon Administrator approval, manufacturers that produce 
engines for use in vehicles between 8,500 and 14,000 pounds may, for 
those engines, alternatively comply with all service information and 
tool provisions in Sec. 86.010-38(j) that are applicable to 2010 and 
subsequent model year vehicles over 14,000 pounds. Implementation dates 
must comply with the service information provision dates applicable to 
engines in vehicles between 8,500 and 14,000 pounds.
    (3) General requirements. (i) Manufacturers shall furnish or cause 
to be furnished to any person engaged in the repairing or servicing of 
heavy-duty engines, or the Administrator upon request, any and all 
information needed to make use of the on-board diagnostic system and 
such other information, including instructions for making emission-
related diagnosis and repairs, including but not limited to service 
manuals, technical service bulletins, recall service information, bi-
directional control information, and training information, unless such 
information is protected by section 208(c) as a trade secret. 
Manufacturers may take steps to restrict warranty and customer assurance 
plan information used only for the purpose of providing such 
manufacturer covered repairs to only those repair locations authorized 
by the manufacturer. No such information may be withheld under section 
208(c) of the Act if that information is provided (directly or 
indirectly) by the manufacturer to franchised dealers, authorized 
service networks, or other persons engaged in the repair, diagnosing, or 
servicing of heavy-duty engines.
    (ii) Definitions. The following definitions apply for this paragraph 
(j):
    (A) Aftermarket service provider means any individual or business 
engaged in the diagnosis, service, and repair of a heavy-duty engine, 
who is not directly affiliated with a manufacturer or manufacturer 
franchised dealership, or authorized service network.
    (B) Authorized service network means a group of independent service 
and repair facilities that are recognized by engine manufacturers as 
being capable of performing repairs to factory specification, including 
warranty repair work.
    (C) Bi-directional control means the capability of a diagnostic tool 
to send messages on the data bus that temporarily overrides the module's 
control over a sensor or actuator and gives control to the diagnostic 
tool operator. Bi-directional controls do not create permanent changes 
to engine or component calibrations.
    (D) Data stream information means information (i.e., messages and 
parameters) originated within the engine by a module or intelligent 
sensors (i.e., a sensor that contains and is controlled

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by its own module) and transmitted between a network of modules and/or 
intelligent sensors connected in parallel with either one or more 
communication wires. The information is broadcast over the communication 
wires for use by the OBD system to gather information on emissions-
related components or systems and from other engine modules that may 
impact emissions. For the purposes of this section, data stream 
information does not include engine calibration related information, or 
any data stream information from systems or modules that do not impact 
emissions.
    (E) Emissions-related information means any information related to 
the diagnosis, service, and repair of emissions-related components. 
Emissions-related information includes, but is not limited to, 
information regarding any system, component or part of an engine that 
controls emissions and that is part of the diagnostic strategy for an 
OBD monitor, but not limited to: The engine, the fuel system and 
ignition system; information for any system, component or part that is 
likely to impact emissions, and any other information specified by the 
Administrator to be relevant to the diagnosis and repair of an 
emissions-related problem; any other information specified by the 
Administrator to be relevant for the diagnosis and repair of an 
emissions-related failure found through an evaluation of vehicles in-use 
and after such finding has been communicated to the affected 
manufacturer(s).
    (F) Emissions-related training information means any information 
related training or instruction for the purpose of the diagnosis, 
service, and repair of emissions-related components.
    (G) Enhanced service and repair information means information which 
is specific for an original equipment manufacturer's brand of tools and 
equipment. This includes computer or anti-theft system initialization 
information necessary for the completion of any emissions-related repair 
on engines that employ integral security systems.
    (H) Equipment and tool company means a registered equipment or 
software company either public or private that is engaged in, or plans 
to engage in, the manufacture of scan tool reprogramming equipment or 
software.
    (I) Generic service and repair information means information which 
is not specific for an original equipment manufacturer's brand of tools 
and equipment.
    (J) Indirect information means any information that is not 
specifically contained in the service literature, but is contained in 
items such as tools or equipment provided to franchised dealers or 
authorized service networks (or others). This includes computer or anti-
theft system initialization information necessary for the completion of 
any emissions-related repair on engines that employ integral security 
systems.
    (K) Intermediary means any individual or entity, other than an 
original equipment manufacturer, which provides service or equipment to 
aftermarket service providers.
    (L) Manufacturer franchised dealership means any service provider 
with which a manufacturer has a direct business relationship.
    (M) Recalibration means the process of downloading to an engine's 
on-board computer emissions-related revisions of on-board computer 
application software and calibration parameters with default 
configurations. Recalibration is not dependent on the use of the vehicle 
identification number (VIN) in determining vehicle configuration.
    (N) Reconfiguration means the process of enabling or adjusting 
engine features or engine parameters associated with such features to 
adapt a heavy-duty engine to a particular vehicle and/or application.
    (O) Third party information provider means any individual or entity, 
other than an original equipment manufacturer, who consolidates 
manufacturer service information and makes this information available to 
aftermarket service providers.
    (P) Third party training provider means any individual or entity, 
other than an original equipment manufacturer who develops and/or 
delivers instructional and educational material for training courses.
    (4) Information dissemination. By July 1, 2010 each manufacturer 
shall provide or cause to be provided to the persons specified in 
paragraph (j)(3)(i) of this

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section and to any other interested parties a manufacturer-specific 
World Wide Web site containing the information specified in paragraph 
(j)(3)(i) of this section for 2010 and later model year engines which 
have been certified to the OBD requirements specified in Sec. 86.010-18 
and are offered for sale; this requirement does not apply to indirect 
information, including the information specified in paragraphs (j)(13) 
through (j)(17) of this section. Upon request and approval of the 
Administrator, manufacturers who can demonstrate significant hardship in 
complying with this provision by August 27, 2009, may request an 
additional six months lead time to meet this requirement. Each 
manufacturer Web site shall:
    (i) Provide access in full-text to all of the information specified 
in paragraph (j)(6) of this section.
    (ii) Be updated at the same time as manufacturer franchised 
dealership or authorized service network World Wide Web sites.
    (iii) Provide users with a description of the minimum computer 
hardware and software needed by the user to access that manufacturer's 
information (e.g., computer processor speed and operating system 
software). This description shall appear when users first log-on to the 
home page of the manufacturer's Web site.
    (iv) Upon Administrator approval, implement a range of time periods 
for online access to any person specified in paragraph (j)(3)(i) of this 
section whereby the user will be able to access the site, search for the 
information, and purchase, view and print the information at a fair and 
reasonable cost as specified in paragraph (j)(8) of this section for 
each of the options. In addition, for each of the range of time periods, 
manufacturers are required to make their entire site accessible for the 
respective period of time and price. In other words, a manufacturer may 
not limit Web site access to just one make or one model.
    (v) Allow the user to search the manufacturer Web site by various 
topics including but not limited to model, model year, key words or 
phrases, etc., while allowing ready identification of the latest 
calibration. Manufacturers who do not use model year to classify their 
engines in their service information may use an alternate delineation 
such as body series. Any manufacturer utilizing this flexibility shall 
create a cross-reference to the corresponding model year and provide 
this cross-reference on the manufacturer Web site home page.
    (vi) Provide accessibility using common, readily available software 
and shall not require the use of software, hardware, viewers, or 
browsers that are not readily available to the general public. 
Manufacturers shall also provide hyperlinks to any plug-ins, viewers or 
browsers (e.g. Adobe Acrobat or Netscape) needed to access the 
manufacturer Web site.
    (vii) Allow simple hyper-linking to the manufacturer Web site from 
Government Web sites and automotive-related Web sites.
    (viii) Possess sufficient server capacity to allow ready access by 
all users and has sufficient capacity to assure that all users may 
obtain needed information without undue delay.
    (ix) Correct or delete any reported broken Web links on a weekly 
basis.
    (x) Allow for Web site navigation that does not require a user to 
return to the manufacturer home page or a search engine in order to 
access a different portion of the site.
    (xi) Allow users to print out any and all of the materials required 
to be made available on the manufacturers Web site that can be 
reasonably printed on a standard printer, including the ability to print 
it at the user's location.
    (5) Small volume provisions for information dissemination. (i) 
Manufacturers with total annual sales of less than 5,000 engines shall 
have until July 1, 2011 to launch their individual Web sites as required 
by paragraph (j)(4) of this section.
    (ii) Manufacturers with total annual sales of less than 1,000 
engines may, in lieu of meeting the requirement of paragraph (j)(4) of 
this section, request the Administrator to approve an alternative method 
by which the required emissions-related information can be obtained by 
the persons specified in paragraph (j)(3)(i) of this section.

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    (6) Required information. All information relevant to the diagnosis 
and completion of emissions-related repairs shall be posted on 
manufacturer Web sites. This excludes indirect information specified in 
paragraphs (j)(7) and (j)(13) through (j)(17) of this section. To the 
extent that this information does not already exist in some form for 
their manufacturer franchised dealerships or authorized service 
networks, manufacturers are required to develop and make available the 
information required by this section to both their manufacturer 
franchised dealerships or authorized service networks and the 
aftermarket. The required information includes, but is not limited to:
    (i) Manuals, including subsystem and component manuals developed by 
a manufacturer's third party supplier that are made available to 
manufacturer franchised dealerships or authorized service networks, 
technical service bulletins (TSBs), recall service information, 
diagrams, charts, and training materials. Informal recall service 
information such as engineering notes and/or sketches are not required 
to be made available as long as this information is not made available 
to manufacturer franchised dealerships or authorized service networks in 
the form of manuals. Manuals and other such service information from 
third party suppliers are not required to be made available in full-text 
on manufacturer Web sites as described in paragraph (j)(4) of this 
section. Rather, manufacturers must make available on the manufacturer 
Web site as required by paragraph (j)(4) of this section an index of the 
relevant information and instructions on how to order such information. 
In the alternate, a manufacturer can create a link from its Web site to 
the Web site(s) of the third party supplier.
    (ii) OBD system information which includes, but is not limited to, 
the following:
    (A) A general description of the operation of each monitor, 
including a description of the parameter that is being monitored;
    (B) A listing of all typical OBD diagnostic trouble codes associated 
with each monitor;
    (C) A description of the typical enabling conditions (either generic 
or monitor-specific) for each monitor (if equipped) to execute during 
engine operation, including, but not limited to, minimum and maximum 
intake air and engine coolant temperature, speed range, and time after 
engine startup. In addition, manufacturers shall list all monitor-
specific OBD drive cycle information for all major OBD monitors as 
equipped including, but not limited to, catalyst, catalyst heater, 
oxygen sensor, oxygen sensor heater, evaporative system, exhaust gas re-
circulation (EGR), secondary air, and air conditioning system. 
Additionally, for diesel engines which also perform misfire, fuel system 
and comprehensive component monitoring under specific driving conditions 
(i.e., non-continuous monitoring; as opposed to spark ignition engines 
that monitor these systems under all conditions or continuous 
monitoring), the manufacturer shall make available monitor-specific 
drive cycles for these monitors. Any manufacturer who develops generic 
drive cycles, either in addition to, or instead of, monitor-specific 
drive cycles shall also make these available in full-text on 
manufacturer Web sites;
    (D) A listing of each monitor sequence, execution frequency and 
typical duration;
    (E) A listing of typical malfunction thresholds for each monitor;
    (F) For OBD parameters for specific engines that deviate from the 
typical parameters, the OBD description shall indicate the deviation and 
provide a separate listing of the typical values for those engines;
    (G) Identification and scaling information necessary to interpret 
and understand data available through Diagnostic Message 8 pursuant to 
SAE J1939-73 (as specified in paragraph (j)(17) of this section), or 
through Service/Mode $06 pursuant to SAE J1979 (as specified in 
paragraph (j)(17) of this section).
    (H) Algorithms, look-up tables, or any values associated with look-
up tables are not required to be made available.
    (iii) Any information regarding any system, component, or part of a 
engine monitored by the OBD system that

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could in a failure mode cause the OBD system to illuminate the 
malfunction indicator light (MIL);
    (iv) Manufacturer-specific emissions-related diagnostic trouble 
codes (DTCs) and any related service bulletins, troubleshooting guides, 
and/or repair procedures associated with these manufacturer-specific 
DTCs; and
    (v) Information regarding how to obtain the information needed to 
perform reinitialization of any computer or anti-theft system following 
an emissions-related repair.
    (7) Anti-theft System Initialization Information. Computer or anti-
theft system initialization information and/or related tools necessary 
for the proper installation of on-board computers or necessary for the 
completion of any emissions-related repair on engines that employ 
integral security systems or the repair or replacement of any other 
emission-related part shall be made available at a fair and reasonable 
cost to the persons specified in paragraph (j)(3)(i) of this section.
    (i) Except as provided under paragraph (j)(7)(ii) of this section, 
manufacturers must make this information available to persons specified 
in paragraph (j)(3)(i) of this section, such that such persons will not 
need any special tools or manufacturer-specific scan tools to perform 
the initialization. Manufacturers may make such information available 
through, for example, generic aftermarket tools, a pass-through device, 
or inexpensive manufacturer specific cables.
    (ii) A manufacturer may request Administrator approval for an 
alternative means to re-initialize engines for some or all model years 
through the 2013 model year by July 27, 2009. The Administrator shall 
approve the request only after the following conditions have been met:
    (A) The manufacturer must demonstrate that the availability of such 
information to aftermarket service providers would significantly 
increase the risk of theft.
    (B) The manufacturer must make available a reasonable alternative 
means to install or repair computers, or to otherwise repair or replace 
an emission-related part.
    (C) Any alternative means proposed by a manufacturer cannot require 
aftermarket technicians to use a manufacturer franchised dealership or 
authorized service networks to obtain information or special tools to 
re-initialize the anti-theft system. All information must come directly 
from the manufacturer or a single manufacturer-specified designee.
    (D) Any alternative means proposed by a manufacturer must be 
available to aftermarket technicians at a fair and reasonable price.
    (E) Any alternative must be available to aftermarket technicians 
within twenty-four hours of the initial request.
    (F) Any alternative must not require the purchase of a special tool 
or tools, including manufacturer-specific tools, to complete this 
repair. Alternatives may include lease of such tools, but only for 
appropriately minimal cost.
    (G) In lieu of leasing their manufacturer-specific tool to meet this 
requirement, a manufacturer may also choose to release the necessary 
information to equipment and tool manufacturers for incorporation into 
aftermarket scan tools. Any manufacturer choosing this option must 
release the information to equipment and tool manufacturers within 60 
days of Administrator approval.
    (8) Cost of required information. (i) All information required to be 
made available by this section, shall be made available at a fair and 
reasonable price. In determining whether a price is fair and reasonable, 
consideration may be given to relevant factors, including, but not 
limited to, the following:
    (A) The net cost to the manufacturer franchised dealerships or 
authorized service networks for similar information obtained from 
manufacturers, less any discounts, rebates, or other incentive programs;
    (B) The cost to the manufacturer for preparing and distributing the 
information, excluding any research and development costs incurred in 
designing and implementing, upgrading or altering the onboard computer 
and its software or any other engine part or component. Amortized 
capital costs for the preparation and distribution of the information 
may be included;

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    (C) The price charged by other manufacturers for similar 
information;
    (D) The price charged by manufacturers for similar information prior 
to the launch of manufacturer Web sites;
    (E) The ability of the average aftermarket technician or shop to 
afford the information;
    (F) The means by which the information is distributed;
    (G) The extent to which the information is used, which includes the 
number of users, and frequency, duration, and volume of use; and
    (H) Inflation.
    (ii) Manufacturers must submit to EPA a request for approval of 
their pricing structure for their Web sites and amounts to be charged 
for the information required to be made available under paragraphs 
(j)(4) and (j)(6) of this section at least 180 days in advance of the 
launch of the web site. Subsequent to the approval of the manufacturer 
Web site pricing structure, manufacturers shall notify EPA upon the 
increase in price of any one or all of the subscription options of 20 
percent or more above the previously approved price, taking inflation 
into account.
    (A) The manufacturer shall submit a request to EPA that sets forth a 
detailed description of the pricing structure and amounts, and support 
for the position that the pricing structure and amounts are fair and 
reasonable by addressing, at a minimum, each of the factors specified in 
paragraph (j)(8)(i) of this section.
    (B) EPA will act upon on the request within180 days following 
receipt of a complete request or following receipt of any additional 
information requested by EPA.
    (C) EPA may decide not to approve, or to withdraw approval for a 
manufacturer's pricing structure and amounts based on a conclusion that 
this pricing structure and/or amounts are not, or are no longer, fair 
and reasonable, by sending written notice to the manufacturer explaining 
the basis for this decision.
    (D) In the case of a decision by EPA not to approve or to withdraw 
approval, the manufacturer shall within three months following notice of 
this decision, obtain EPA approval for a revised pricing structure and 
amounts by following the approval process described in this paragraph.
    (9) Unavailable information. Any information which is not provided 
at a fair and reasonable price shall be considered unavailable, in 
violation of these regulations and section 202(m)(5) of the Clean Air 
Act.
    (10) Third party information providers. (i) By January 1, 2011 
manufacturers shall, for model year 2010 and later engines, make 
available to third-party information providers as defined in paragraph 
(j)(3)(ii) of this section with whom they may wish to engage in 
licensing or business arrangements, the required emissions-related 
information as specified in paragraph (j)(6) of this section either:
    (A) Directly in electronic format such as diskette or CD-ROM using 
non-proprietary software, in English; or
    (B) Indirectly via a Web site other than that required by paragraph 
(j)(4) of this section
    (ii) Manufacturers are not responsible for the accuracy of the 
information distributed by third parties. However, where manufacturers 
charge information intermediaries for information, whether through 
licensing agreements or other arrangements, manufacturers are 
responsible for inaccuracies contained in the information they provide 
to third party information providers.
    (11) Required emissions-related training information. By January 1, 
2011, for emissions-related training information, manufacturers shall:
    (i) Video tape or otherwise duplicate and make available for sale on 
manufacturer Web sites within 30 days after transmission any emissions-
related training courses provided to manufacturer franchised dealerships 
or authorized service networks via the Internet or satellite 
transmission. Manufacturers shall not be required to duplicate 
transmitted emissions-related training courses if anyone engaged in the 
repairing or servicing of heavy-duty engines has the opportunity to 
receive the Internet or satellite transmission, even if there is a cost 
associated with the equipment required to receive the transmission;

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    (ii) Provide on the manufacturer Web site an index of all emissions-
related training information available for purchase by aftermarket 
service providers for 2010 and newer engines. The required information 
must be made available for purchase within 3 months of model 
introduction and then must be made available at the same time it is made 
available to manufacturer franchised dealerships or authorized service 
networks, whichever is earlier. The index shall describe the title of 
the course or instructional session, the cost of the video tape or 
duplicate, and information on how to order the item(s) from the 
manufacturer Web site. All of the items available must be shipped within 
3 business day of the order being placed and are to made available at a 
fair and reasonable price as described in paragraph (j)(8) of this 
section. Manufacturers unable to meet the 3 business day shipping 
requirement under circumstances where orders exceed supply and 
additional time is needed by the distributor to reproduce the item being 
ordered, may exceed the 3 business day shipping requirement, but in no 
instance can take longer than 14 days to ship the item.
    (12) Timeliness and maintenance of information dissemination. (i) 
Subsequent to the initial launch of the manufacturer's Web site, 
manufacturers must make the information required under paragraph (j)(6) 
of this section available on their Web site within six months of model 
introduction, or at the same time it is made available to manufacturer 
franchised dealerships or authorized service networks, whichever is 
earlier. After this six month period, the information must be available 
and updated on the manufacturer Web site at the same time that the 
updated information is made available to manufacturer franchised 
dealerships or authorized service networks, except as otherwise 
specified in this section.
    (ii) Archived information. Manufacturers must maintain the required 
information on their Web sites in full-text as defined in paragraph 
(j)(6) of this section for a minimum of 15 years after model 
introduction. Subsequent to this fifteen year period, manufacturers may 
archive the information in the manufacturer's format of choice and 
provide an index of the archived information on the manufacturer Web 
site and how it can be obtained by interested parties. Manufacturers 
shall index their available information with a title that adequately 
describes the contents of the document to which it refers. Manufacturers 
may allow for the ordering of information directly from their Web site, 
or from a Web site hyperlinked to the manufacturer Web site. In the 
alternate, manufacturers shall list a phone number and address where 
aftermarket service providers can call or write to obtain the desired 
information. Manufacturers must also provide the price of each item 
listed, as well as the price of items ordered on a subscription basis. 
To the extent that any additional information is added or changed for 
these model years, manufacturers shall update the index as appropriate. 
Manufacturers will be responsible for ensuring that their information 
distributors do so within one regular business day of receiving the 
order. Items that are less than 20 pages (e.g. technical service 
bulletins) shall be faxed to the requestor and distributors are required 
to deliver the information overnight if requested and paid for by the 
ordering party. Archived information must be made available on demand 
and at a fair and reasonable price.
    (13) Recalibration information. (i) Manufacturers shall make 
available to the persons specified in paragraph (j)(3)(i) of this 
section all emissions-related recalibration or reprogramming events 
(including driveability reprogramming events that may affect emissions) 
in the format of their choice at the same time they are made available 
to manufacturer franchised dealerships or authorized service networks. 
This requirement applies on July 1, 2013.
    (ii) Manufacturers shall provide persons specified in paragraph 
(j)(3)(i) of this section with an efficient and cost-effective method 
for identifying whether the calibrations on engines are the latest to be 
issued. This requirement applies on July 1, 2013.
    (iii) For all 2013 and later OBD engines equipped with reprogramming 
capability, manufacturers shall comply with either SAE J2534-1 (as 
specified in paragraph (j)(17) of this section), or the

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Technology and Maintenance Council's (TMC) Recommended Practice TMC RP 
1210B (as specified in paragraph (j)(17) of this section).
    (iv) For model years 2013 and later, manufacturers shall make 
available to aftermarket service providers the necessary manufacturer-
specific software applications and calibrations needed to initiate pass-
through reprogramming. This software shall be able to run on a standard 
personal computer that utilizes standard operating systems as specified 
in either SAE J2534-1 (as specified in paragraph (j)(17) of this 
section) or TMC RP 1210B (as specified in paragraph (j)(17) of this 
section).
    (v) Manufacturers may take any reasonable business precautions 
necessary to protect proprietary business information and are not 
required to provide this information to any party that does not agree to 
these reasonable business precautions. The requirements to make hardware 
available and to release the information to equipment and tool companies 
apply on July 1, 2013, and within 3 months of model introduction for all 
new model years.
    (14) Generic and enhanced information for scan tools. By July 1, 
2013, manufacturers shall make available to equipment and tool companies 
all generic and enhanced service information including bi-directional 
control and data stream information as defined in paragraph (j)(3(ii) of 
this section. This requirement applies for 2013 and later model year 
engines.
    (i) The information required by this paragraph (j)(14) shall be 
provided electronically using common document formats to equipment and 
tool companies with whom they have appropriate licensing, contractual, 
and/or confidentiality arrangements. To the extent that a central 
repository for this information (e.g. the TEK-NET library developed by 
the Equipment and Tool Institute) is used to warehouse this information, 
the Administrator shall have free unrestricted access. In addition, 
information required by this paragraph (j)(14) shall be made available 
to equipment and tool companies who are not otherwise members of any 
central repository and shall have access if the non-members have 
arranged for the appropriate licensing, contractual and/or 
confidentiality arrangements with the manufacturer and/or a central 
repository.
    (ii) In addition to the generic and enhanced information defined in 
paragraph (j)(3)(ii) of this section, manufacturers shall also make 
available the following information necessary for developing generic 
diagnostic scan tools:
    (A) The physical hardware requirements for data communication (e.g., 
system voltage requirements, cable terminals/pins, connections such as 
RS232 or USB, wires, etc.),
    (B) Electronic Control Unit (ECU) data communication (e.g., serial 
data protocols, transmission speed or baud rate, bit timing 
requirements, etc.),
    (C) Information on the application physical interface (API) or 
layers. (i.e., processing algorithms or software design descriptions for 
procedures such as connection, initialization, and termination),
    (D) Engine application information or any other related service 
information such as special pins and voltages or additional connectors 
that require enablement and specifications for the enablement.
    (iii) Any manufacturer who utilizes an automated process in their 
manufacturer-specific scan tool for diagnostic fault trees shall make 
available to equipment and tool companies the data schema, detail 
specifications, including category types/codes and codes, and data 
format/content structure of the diagnostic trouble trees.
    (iv) Manufacturers can satisfy the requirement of paragraph 
(j)(14)(iii) of this section by making available diagnostic trouble 
trees on their manufacturer Web sites in full-text.
    (v) Manufacturers shall make all required information available to 
the requesting equipment and tool company within 14 days after the 
request to purchase has been made unless the manufacturer requests 
Administrator approval to refuse to disclose such information to the 
requesting company or requests Administrator approval for additional 
time to comply. After receipt of a request and consultation with the 
affected parties, the Administrator shall either grant or refuse the 
petition based on the evidence submitted during the consultation 
process:

[[Page 332]]

    (A) If the evidence demonstrates that the engine manufacturer has a 
reasonably based belief that the requesting equipment and tool company 
could not produce safe and functionally accurate tools that would not 
cause damage to the engine, the petition for non-disclosure will be 
granted. Engine manufacturers are not required to provide data stream 
and bi-directional control information that would permit an equipment 
and tool company's products to modify an EPA-certified engine or 
transmission configuration.
    (B) If the evidence does not demonstrate that the engine 
manufacturer has a reasonably-based belief that the requesting equipment 
and tool company could not produce safe and functionally accurate tools 
that would not cause damage to the engine, the petition for non-
disclosure will be denied and the engine manufacturer, as applicable, 
shall make the requested information available to the requesting 
equipment and tool company within 2 days of the denial.
    (vi) If the manufacturer submits a request for Administrator 
approval for additional time, and satisfactorily demonstrates to the 
Administrator that the engine manufacturer is able to comply but 
requires additional time within which to do so, the Administrator shall 
grant the request and provide additional time to fully and expeditiously 
comply.
    (vii) Manufacturers may require that tools using information covered 
under paragraph (j)(14) of this section comply with the Component 
Identifier message specified in SAE J1939-71 (as specified in paragraph 
(j)(17) of this section) as Parameter Group Number (PGN) 65249 
(including the message parameter's make, model, and serial number) and 
the SAE J1939-81 (as specified in paragraph (j)(17) of this section) 
Address Claim PGN.
    (viii) Manufacturers are not required to make available to equipment 
and tool companies any information related to reconfiguration 
capabilities or any other information that would make permanent changes 
to existing engine configurations.
    (15) Availability of manufacturer-specific scan tools. (i) 
Manufacturers shall make available for sale to the persons specified in 
paragraph (j)(3)(i) of this section their own manufacturer-specific 
diagnostic tools at a fair and reasonable cost. These tools shall also 
be made available in a timely fashion either through the manufacturer 
Web site or through a manufacturer-designated intermediary. Upon 
Administrator approval, manufacturers will not be required to make 
available manufacturer-specific tools with reconfiguration capabilities 
if they can demonstrate to the satisfaction of the Administrator that 
these tools are not essential to the completion of an emissions-related 
repair, such as recalibration. As a condition of purchase, manufacturers 
may request that the purchaser take all necessary training offered by 
the engine manufacturer. Any required training materials and classes 
must comply with the following:
    (A) Similar training must be required by the engine manufacturer for 
the use of the same tool by its franchised dealerships or authorized 
service networks;
    (B) The training must be substantially similar to such training in 
terms of material covered and the length of training;
    (C) The training must be made available within six months after a 
tool request has been made;
    (D) The training must be made available at a fair and reasonable 
price.
    (ii) Manufacturers shall ship purchased tools in a timely manner 
after a request and training, if any, has been completed. Any required 
training materials and classes must be made available at a fair and 
reasonable price. Manufacturers who develop different versions of one or 
more of their diagnostic tools that are used in whole or in part for 
emission-related diagnosis and repair shall also insure that all 
emission-related diagnosis and repair information is available for sale 
to the aftermarket at a fair and reasonable cost. Factors for 
determining fair and reasonable cost include, but are not limited to:
    (A) The net cost to the manufacturer's franchised dealerships or 
authorized service network for similar tools obtained from 
manufacturers, less any discounts, rebates, or other incentive programs;

[[Page 333]]

    (B) The cost to the manufacturer for preparing and distributing the 
tools, excluding any research and development costs;
    (C) The price charged by other manufacturers of similar sizes for 
similar tools;
    (D) The capabilities and functionality of the manufacturer tool;
    (E) The means by which the tools are distributed;
    (F) Inflation;
    (G) The ability of aftermarket technicians and shops to afford the 
tools.
    Manufacturers shall provide technical support to aftermarket service 
providers for the tools described in this section, either themselves or 
through a third-party of their choice.
    (16) Changing content of manufacturer-specific scan tools. 
Manufacturers who opt to remove non-emissions related content from their 
manufacturer-specific scan tools and sell them to the persons specified 
in paragraph (j)(3)(i) of this section shall adjust the cost of the tool 
accordingly lower to reflect the decreased value of the scan tool. All 
emissions-related content that remains in the manufacturer-specific tool 
shall be identical to the information that is contained in the complete 
version of the manufacturer-specific tool. Any manufacturer who wishes 
to implement this option must request approval from the Administrator 
prior to the introduction of the tool into commerce.
    (17) Reference materials. Manufacturers shall conform with the 
following industry standards. These documents are incorporated by 
reference in Sec. 86.1. Anyone may inspect copies at the U.S. EPA or at 
the National Archives and Records Administration (NARA). For information 
on the availability of this material at U.S. EPA, NARA, or the standard 
making bodies directly, refer to Sec. 86.1.
    (i) SAE J1939-71, Revised January 2008. For providing a means for 
the application processes to access the OSI environment, manufacturers 
shall comply with this industry standard.
    (ii) SAE J1939-73, Revised September 2006. For identification and 
scaling information necessary to interpret and understand data available 
through Diagnostic Message 8, manufacturers shall comply with this 
industry standard. In the alternate, manufacturers may comply with 
Service/Mode $06 pursuant to SAE J1979, Revised May 2007. These 
recommended practices describe the implementation of diagnostic test 
modes for emissions related test data. Manufacturers shall comply with 
either SAE J1939-73 or SAE J1979 beginning with Model Year 2013.
    (iii) SAE J1939-81, Revised May 2003. For management of source 
addresses and the association of those address with an actual function 
and with the detection and reporting of network realized errors, 
manufacturers shall comply with this industry standard.
    (iv) SAE J2403, Revised August 2007. For Web-based delivery of 
service information, manufacturers shall comply with this industry 
standard which standardizes various terms, abbreviations, and acronyms 
associated with on-board diagnostics. Manufacturers shall comply with 
SAE J2403 beginning with the Model Year 2013.
    (v) TMC RP 1210B, Revised June 2007. For pass-thru reprogramming 
capabilities, manufacturers shall comply with Technology and Maintenance 
Council's (TMC) Recommended Practice TMC RP 1210B. In the alternate, 
manufacturers may comply with SAE J2534-1, Revised December 2004. These 
recommended practices provide technical specifications and information 
that manufacturers must supply to equipment and tool companies to 
develop aftermarket pass-thru reprogramming tools. Manufacturers shall 
comply with either TMC RP 1210B or SAE J2534-1 beginning with Model Year 
2013.
    (18) Reporting requirements. Performance reports that adequately 
demonstrate that each manufacturers website meets the information 
requirements outlined in paragraphs (j)(6)(i) through (j)(6)(vi) of this 
section shall be submitted to the Administrator annually or upon request 
by the Administrator. These reports shall indicate the performance and 
effectiveness of the websites by using commonly used Internet statistics 
(e.g., successful requests, frequency of use, number of subscriptions 
purchased, etc.). Manufacturers shall provide to the Administrator 
reports on an annual basis within 30 days of the end of the calendar

[[Page 334]]

year. These annual reports shall be submitted to the Administrator 
electronically utilizing non-proprietary software in the format as 
agreed to by the Administrator and the manufacturers.
    (19) Prohibited acts, liability and remedies. (i) It is a prohibited 
act for any person to fail to promptly provide or cause a failure to 
promptly provide information as required by this paragraph (j), or to 
otherwise fail to comply or cause a failure to comply with any provision 
of this subsection.
    (ii) Any person who fails or causes the failure to comply with any 
provision of this paragraph (j) is liable for a violation of that 
provision. A corporation is presumed liable for any violations of this 
subpart that are committed by any of its subsidiaries, affiliates or 
parents that are substantially owned by it or substantially under its 
control.
    (iii) Any person who violates a provision of this paragraph (j) 
shall be subject to a civil penalty of not more than $ 31,500 per day 
for each violation. This maximum penalty is shown for calendar year 
2002. Maximum penalty limits for later years may be set higher based on 
the Consumer Price Index, as specified in 40 CFR part 19. In addition, 
such person shall be liable for all other remedies set forth in Title II 
of the Clean Air Act, remedies pertaining to provisions of Title II of 
the Clean Air Act, or other applicable provisions of law.
    (iv) Manufacturers will not have any emissions warranty, in-use 
compliance, defect reporting or recall liability for service on a heavy-
duty engine that is not undertaken by the manufacturer, for any damage 
caused by their own tools in the hands of independent service providers, 
or for the use and misuse of third party tools.

[74 FR 8408, Feb. 24, 2009]



Sec. 86.078-3  Abbreviations.

    (a) The abbreviations in this section apply to this subpart and also 
to subparts B, D, H, I, J, N, O and P of this part and have the 
following meanings:

accel.--acceleration.
AECD--Auxiliary emission control device.
API--American Petroleum Institute.
ASTM--American Society for Testing and Materials.
BHP--Brake horsepower.
BSCO--Brake specific carbon monoxide.
BSHC--Brake specific hydrocarbons.
BSNOX--Brake specific oxides of nitrogen.
C--Celsius.
cfh--cubic feet per hour.
CFV--Critical flow venturi.
CFV-CVS--Critical flow venturi--constant volume sampler.
CL--Chemiluminescence.
CO2--carbon dioxide.
CO--Carbon monoxide.
conc.--concentration.
cfm--cubic feet per minute.
CT--Closed throttle.
cu. in.--cubic inch(es).
CVS--Constant volume sampler.
decel.--deceleration.
EP--End point.
evap.--evaporative.
F--Fahrenheit.
FID--Flame ionization detector.
FL--Full load.
ft.--feet.
g--gram(s).
gal.--U.S. gallon(s).
GVW--Gross vehicle weight.
GVWR--Gross vehicle weight rating.
h--hour(s).
H2O--water.
HC--hydrocarbon(s).
HFID--Heated flame ionization detector.
Hg--mercury.
hi--high.
hp.--horsepower.
IBP--Initial boiling point.
ID--Internal diameter.
in.--inch(es).
K--kelvin.
kg--kilogram(s).
km--kilometer(s).
kPa--kilopascal(s).
lb.--pound(s).
lb.-ft.--pound-feet.
m--meter(s).
max.--maximum.
mg--milligram(s).
mi.--mile(s).
min.--minute(s).
ml--milliliter(s).
mm--millimeter(s).
mph--miles per hour.
mv--millivolt(s).
N2--nitrogen.
NDIR--Nondispersive infrared.
NO--nitric oxide.
NO2--nitrogen dioxide.
NOX--oxides of nitrogen.
No.--Number.
O2--oxygen.
Pb--lead.
pct.--percent.
PDP-CVS--Positive displacement pump--constant volume sampler.
ppm--parts per million by volume.

[[Page 335]]

ppm C--parts per million, carbon.
psi--pounds per square inch.
psig--pounds per square inch gauge.
PTA--Part throttle acceleration.
PTD--Part throttle deceleration.
R--Rankin.
rpm--revolutions per minute.
RVP--Reid vapor pressure.
s--second(s).
SAE--Society of Automotive Engineers.
SI--International system of units.
sp.--speed.
TEL--Tetraethyl lead.
TML--Tetramethyl lead.
UDDS--Urban dynamometer driving schedule.
V--volt(s).
vs--versus.
W--watt(s).
WF--Weighting factor.
WOT--Wide open throttle.
wt.--weight.
[foot]--feet.
--inch(es).
[deg]--degree(s).
[sum]--summation.

[42 FR 32907, June 28, 1977, as amended at 45 FR 4149, Jan. 21, 1980]



Sec. 86.078-6  Hearings on certification.

    (a)(1) After granting a request for a hearing under Sec. 86.084-22, 
Sec. 86.084-30(b), or Sec. 86.084-30(c), the Administrator shall 
designate a Presiding Officer for the hearing.
    (2) The General Counsel will represent the Environmental Protection 
Agency in any hearing under this section.
    (3) If a time and place for the hearing have not been fixed by the 
Administrator under Sec. 86.084.22, Sec. 86.084-30(b), or Sec. 
86.084-30(c), the hearing shall be held as soon as practicable at a time 
and place fixed by the Administrator or by the Presiding Officer.
    (4) In the case of any hearing requested pursuant to Sec. 86.078-
30(c)(5)(i), the Administrator may in his discretion direct that all 
argument and presentation of evidence be concluded within such fixed 
period not less than 30 days as he may establish from the date that the 
first written offer of a hearing is made to the manufacturer. To 
expedite proceedings, the Administrator may direct that the decision of 
the Presiding Officer (who may, but need not be the Administrator 
himself) shall be the final EPA decision.
    (b)(1) Upon his appointment pursuant to paragraph (a) of this 
section, the Presiding Officer will establish a hearing file. The file 
shall consist of the notice issued by the Administrator under Sec. 
86.084-22, Sec. 86.084-30(b), or Sec. 86.084-30(c) together with any 
accompanying material, the request for a hearing and the supporting data 
submitted therewith, and all documents relating to the request for 
certification and all documents submitted therewith, and correspondence 
and other data material to the hearing.
    (2) The hearing file will be available for inspection by the 
applicant at the office of the Presiding Officer.
    (c) An applicant may appear in person, or may be represented by 
counsel or by any other duly authorized representative.
    (d)(1) The Presiding Officer upon the request of any party, or in 
his discretion, may arrange for a prehearing conference at a time and 
place specified by him to consider the following:
    (i) Simplification of the issues;
    (ii) Stipulations, admissions of fact, and the introduction of 
documents;
    (iii) Limitation of the number of expert witnesses;
    (iv) Possibility of agreement disposing of all or any of the issues 
in dispute;
    (v) Such other matters as may aid in the disposition of the hearing, 
including such additional tests as may be agreed upon by the parties.
    (2) The results of the conference shall be reduced to writing by the 
Presiding Officer and made part of the record.
    (e)(1) Hearings shall be conducted by the Presiding Officer in an 
informal but orderly and expeditious manner. The parties may offer oral 
or written evidence, subject to the exclusion by the Presiding Officer 
of irrelevant, immaterial and repetitious evidence.
    (2) Witnesses will not be required to testify under oath. However, 
the Presiding Officer shall call to the attention of witnesses that 
their statements may be subject to the provisions of title 18 U.S.C. 
1001 which imposes penalties for knowingly making false statements or 
representations, or using false documents in any matter within the 
jurisdiction of any department or agency of the United States.

[[Page 336]]

    (3) Any witness may be examined or cross-examined by the Presiding 
Officer, the parties, or their representatives.
    (4) Hearings shall be reported verbatim. Copies of transcripts of 
proceedings may be purchased by the applicant from the reporter.
    (5) All written statements, charts, tabulations, and similar data 
offered in evidence at the hearings shall, upon a showing satisfactory 
to the Presiding Officer of their authenticity, relevancy, and 
materiality, be received in evidence and shall constitute a part of the 
record.
    (6) Oral argument may be permitted in the discretion of the 
Presiding Officer and shall be reported as part of the record unless 
otherwise ordered by him.
    (f)(1) The Presiding Officer shall make an initial decision which 
shall include written findings and conclusions and the reasons or basis 
therefor on all the material issues of fact, law, or discretion 
presented on the record. The findings, conclusions, and written decision 
shall be provided to the parties and made a part of the record. The 
initial decision shall become the decision of the Administrator without 
further proceedings unless there is an appeal to the Administrator or 
motion for review by the Administrator within 20 days of the date the 
initial decision was filed.
    (2) On appeal from or review of the initial decision the 
Administrator shall have all the powers which he would have in making 
the initial decision including the discretion to require or allow 
briefs, oral argument, the taking of additional evidence or the 
remanding to the Presiding Officer for additional proceedings. The 
decision by the Administrator shall include written findings and 
conclusions and the reasons or basis therefor on all the material issues 
of fact, law, or discretion presented on the appeal or considered in the 
review.

[42 FR 32907, June 28, 1977, as amended at 49 FR 48479, Dec. 12, 1984]



Sec. 86.079-31  Separate certification.

    Where possible a manufacturer should include in a single application 
for certification all vehicles (or engines) for which certification is 
required. A manufacturer may, however, choose to apply separately for 
certification of part of his product line. The selection of test 
vehicles (or test engines) and the computation of test results will be 
determined separately for each application.

[42 FR 45149, Sept. 8, 1977]



Sec. 86.079-32  Addition of a vehicle or engine after certification.

    (a) If a manufacturer proposes to add to his product line a vehicle 
(or engine) of the same engine-system combination as vehicles (or 
engines) previously certified but which was not described in the 
application for certification when the test vehicle(s) (or test 
engine(s)) representing other vehicles (or engines) of that combination 
was certified, he shall notify the Administrator. Such notification 
shall be in advance of the addition unless the manufacturer elects to 
follow the procedure described in Sec. 86.079-34. This notification 
shall include a full description of the vehicle (or engine) to be added.
    (b) The Administrator may require the manufacturer to perform such 
tests on the test vehicle(s) (or test engine(s)) representing the 
vehicle (or engine) to be added which would have been required if the 
vehicle (or engine) had been included in the original application for 
certification.
    (c) If, after a review of the test reports and data submitted by the 
manufacturer, and data derived from any testing conducted under Sec. 
86.079-29, the Administrator determines that the test vehicle(s) or test 
engine(s) meets all applicable standards, the appropriate certificate 
will be amended accordingly. If the Administrator determines that the 
test vehicle(s) (or test engine(s)) does not meet applicable standards, 
he will proceed under Sec. 86.079-30(b).

[42 FR 45149, Sept. 8, 1977]



Sec. 86.079-33  Changes to a vehicle or engine covered by certification.

    (a) The manufacturer shall notify the Administrator of any change in 
production vehicles (or production engines) in respect to any of the 
parameters listed in Sec. 86.079-24(a)(3), Sec. 86.079-24(b)(1)(iii),

[[Page 337]]

Sec. 86.079-24(b)(2) (iii) or Sec. 86.079-24(b)(3)(iii) as applicable, 
giving a full description of the change. Such notification shall be in 
advance of the change unless the manufacturer elects to follow the 
procedure described in Sec. 86.079-34.
    (b) Based upon the description of the change, and data derived from 
such testing as the Administrator may require or conduct. The 
Administrator will determine whether the vehicle (or engine), as 
modified, would still be covered by the certificate of conformity then 
in effect.
    (c) If the Administrator determines that the outstanding certificate 
would cover the modified vehicles (or engines) he will notify the 
manufacturer in writing. Except as provided in Sec. 86.079-34 the 
change may not be put into effect prior to the manufacturer's receiving 
this notification. If the Administrator determines that the modified 
vehicles (or engines) would not be covered by the certificate then in 
effect, the modified vehicles (or engines) shall be treated as additions 
to the product line subject to Sec. 86.079-32.

[42 FR 45149, Sept. 8, 1977]



Sec. 86.079-36  Submission of vehicle identification numbers.

    (a) Upon request of the Administrator, the manufacturer of any 
light-duty vehicle or light-duty truck covered by a certificate of 
conformity shall, within 30 days, identify by vehicle identification 
number, the vehicle(s) covered by the certificate of conformity.
    (b) The manufacturer of any light-duty vehicle or light-duty truck 
covered by a certificate of conformity shall provide to the 
Administrator, within 60 days of the issuance of a certificate of 
conformity, an explanation of the elements in any vehicle identification 
coding system in sufficient detail to enable the Administrator to 
identify those vehicles which are covered by a certificate of 
conformity.

[43 FR 52920, Nov. 14, 1978]



Sec. 86.079-39  Submission of maintenance instructions.

    (a) The manufacturer shall provide to the Administrator, no later 
than the time of the submission required by Sec. 86.079-23, a copy of 
the maintenance instructions which the manufacturer proposes to supply 
to the ultimate purchaser in accordance with Sec. 86.079-38(a). The 
Administrator will review such instructions to determine whether they 
are reasonable and necessary to assure the proper functioning of the 
vehicle's (or engine's) emission control systems. The Administrator will 
notify the manufacturer of his determination whether such instructions 
are reasonable and necessary to assure the proper functioning of the 
emission control systems.
    (b) Any revision to the maintenance instructions which will affect 
emissions shall be supplied to the Administrator at least 30 days before 
being supplied to the ultimate purchaser unless the Administrator 
consents to a lesser period of time.

[42 FR 45151, Sept. 8, 1977]



Sec. 86.080-12  Alternative certification procedures.

    (a)(1) The Administrator will determine which of the following 
certification procedures (paragraph (a)(3) or (a)(4) of this section) 
may be used to demonstrate compliance for each heavy-duty engine, light-
duty vehicle, and light-duty truck engine family for which certification 
is sought.
    (2) The families selected for the procedure described in paragraph 
(a)(3) of this section will be subject to this procedure at the option 
of the manufacturer.
    (3) The following provisions apply to those heavy-duty engine, 
light-duty vehicle, and light-duty truck engine families which the 
Administrator has specified may be subject to the abbreviated 
certification review procedure.
    (i) The manufacturer shall satisfy all applicable requirements of 
part 86 necessary to demonstrate compliance with the applicable 
standards for each class of new motor vehicles or new motor vehicle 
engines for which certification is sought.
    (ii) As specifically allowed by the Administrator, the manufacturer 
shall assume the responsibility for part or all of the decisions 
applicable to the family for which certification is sought and which are 
within the jurisdiction

[[Page 338]]

of the Administrator, with the exception that the Administrator will 
determine whether a test vehicle, or test engine, has met the applicable 
emission standards.
    (iii) The manufacturer shall maintain, update, and correct all 
records and information required.
    (iv) The Administrator may review a manufacturer's records at any 
time. At the Administrator's discretion, this review may take place 
either at the manufacturer's facility or at another facility designated 
by the Administrator.
    (v) At the Administrator's request, the manufacturer shall notify 
the Administrator of the status of the certification program including 
projected schedules of those significant accomplishments specified by 
the Administrator.
    (vi) The manufacturer shall permit the Administrator to inspect any 
facilities, records, and vehicles from which data are obtained under the 
abbreviated certification review procedure.
    (vii) Upon completing all applicable requirements of part 86, the 
manufacturer shall submit a separate application for a certificate of 
conformity for each set of standards and each class of new motor 
vehicles or new motor vehicle engines for which certification is sought. 
Such application shall be made in writing to the Administrator by the 
manufacturer.
    (A) The Administrator may approve or disapprove, in whole or in 
part, an application for certification according to the procedures 
specified in Sec. 86.080-22(b).
    (B) If, after a review of the application for certification, test 
reports and data submitted by the manufacturer, data obtained during an 
inspection, and any other pertinent data or information, the 
Administrator determines that a test vehicle(s) or test engine(s) has 
not met the requirements of the Act and the applicable subpart, he will 
notify the manufacturer in writing and set forth the reason(s) for the 
determination as specified in Sec. 86.080-22(c).
    (4) Those families which are to be subjected to the complete EPA 
review procedure will follow the procedures specified in this subpart 
with the exception of Sec. 86.080-12(a)(3).
    (b) The manufacturer may request that an engine family be subject to 
the abbreviated certification review procedure.
    (c) The Administrator may require that an engine family previously 
allowed to be subject to the abbreviated certification review procedure 
be transferred to the complete review procedure.

[45 FR 26045, Apr. 17, 1980]



Sec. 86.082-2  Definitions.

    (a) The definitions of this section apply to this subpart and also 
to subparts B, D, I, and R of this part.
    (b) As used in this subpart, all terms not defined herein shall have 
the meaning given them in the Act:
    Accuracy means the difference between a measurement and true value.
    Act means part A of title II of the Clean Air Act, 42 U.S.C. as 
amended, 7521, et seq.
    Administrator means the Administrator of the Environmental 
Protection Agency or his authorized representative.
    Auxiliary Emission Control Device (AECD) means any element of design 
which senses temperature, vehicle speed, engine RPM, transmission gear, 
manifold vacuum, or any other parameter for the purpose of activating, 
modulating, delaying, or deactivating the operation of any part of the 
emission control system.
    Basic engine means a unique combination of manufacturer, engine 
displacement, number of cylinders, fuel system (as distinguished by 
number of carburetor barrels or use of fuel injection), catalyst usage, 
and other engine and emission control system characteristics specified 
by the Administrator.
    Basic vehicle frontal area means the area enclosed by the geometric 
projection of the basic vehicle along the longitudinal axis, which 
includes tires but excludes mirrors and air deflectors, onto a plane 
perpendicular to the longitudinal axis of the vehicle.
    Body style means a level of commonality in vehicle construction as 
defined by number of doors and roof treatment (e.g., sedan, convertible, 
fastback, hatchback).
    Body type means a name denoting a group of vehicles that are either 
in the

[[Page 339]]

same car line or in different car lines provided the only reason the 
vehicles qualify to be considered in different car lines is that they 
are produced by a separate division of a single manufacturer.
    Calibrating gas means a gas of known concentration which is used to 
establish the response curve of an analyzer.
    Calibration means the set of specifications, including tolerances, 
unique to a particular design, version, or application of a component or 
components assembly capable of functionally describing its operation 
over its working range.
    Car line means a name denoting a group of vehicles within a make or 
car division which has a degree of commonality in construction (e.g., 
body, chassis). Car line does not consider any level of decor or 
opulence and is not generally distinguished by characteristics as 
roofline, number of doors, seats, or windows except for station wagons 
or light-duty trucks. Station wagons and light-duty trucks are 
considered to be different car lines than passenger cars.
    Configuration means a subclassification of an engine-system 
combination on the basis of engine code, inertia weight class, 
transmission type and gear ratios, final drive ratio, and other 
parameters which may be designated by the Administrator.
    Crankcase emissions means airborne substances emitted to the 
atmosphere from any portion of the engine crankcase ventilation or 
lubrication systems.
    Curb-idle for manual transmission code heavy-duty engines means the 
manufacturer's recommended engine speed with the transmission in neutral 
or with the clutch disengaged. For automatic transmission code heavy-
duty engines, curb-idle means the manufacturer's recommended engine 
speed with the automatic transmission in gear and the output shaft 
stalled.
    Defeat Device means an AECD that reduces the effectiveness of the 
emission control system under conditions which may reasonably be 
expected to be encountered in normal urban vehicle operation and use, 
unless (1) such conditions are substantially included in the Federal 
emission test procedure, (2) the need for the AECD is justified in terms 
of protecting the vehicle against damage or accident, or (3) the AECD 
does not go beyond the requirements of engine starting.
    Diurnal breathing losses means evaporative emissions as a result of 
the daily range in temperature.
    Drive train configuration means a unique combination of engine code, 
transmission configuration, and axle ratio.
    Dynamometer-idle for automatic transmission code heavy-duty engines 
means the manufacturer's recommended engine speed without a transmission 
that simulates the recommended engine speed with a transmission and with 
the transmission in neutral.
    Engine code means a unique combination, within an engine-system 
combination, of displacement, carburetor (or fuel injection) 
calibration, choke calibration, distributor calibration, auxiliary 
emission control devices, and other engine and emission control system 
components specified by the Administrator.
    Engine family means the basic classification unit of a 
manufacturer's product line used for the purpose of test fleet selection 
and determined in accordance with Sec. 86.082-24.
    Engine family group means a combination of engine families for the 
purpose of determining a minimum deterioration factor under the 
Alternative Durability Program.
    Engine-system combination means an engine family-exhaust emission 
control system combination.
    EPA Enforcement Officer means any officer or employee of the 
Environmental Protection Agency so designated in writing by the 
Administrator (or by his designee).
    Evaporative emission code means a unique combination, in an 
evaporative emission family-evaporative emission control system 
combination, of purge system calibrations, fuel tank and carburetor bowl 
vent calibrations and other fuel system and evaporative emission control 
system components and calibrations specified by the Administrator.
    Evaporative emissions means hydrocarbons emitted into the atmosphere

[[Page 340]]

from a motor vehicle, other than exhaust and crankcase emissions.
    Evaporative vehicle configuration means a unique combination of 
basic engine, engine code, body type, and evaporative emission code.
    Exhaust emissions means substances emitted to the atmosphere from 
any opening downstream from the exhaust port of a motor vehicle engine.
    Fuel evaporative emissions means vaporized fuel emitted into the 
atmosphere from the fuel system of a motor vehicle.
    Fuel system means the combination of fuel tank(s), fuel pump, fuel 
lines, and carburetor or fuel injection components, and includes all 
fuel system vents and fuel evaporative emission control system 
components.
    Gross vehicle weight means the manufacturer's gross weight rating 
for the individual vehicle.
    Gross vehicle weight rating (GVWR) means the value specified by the 
manufacturer as the maximum design loaded weight of a single vehicle.
    Hang-up refers to the process of hydrocarbon molecules being 
adsorbed, condensed, or by any other method removed from the sample flow 
prior to reaching the instrument detector. It also refers to any 
subsequent desorption of the molecules into the sample flow when they 
are assumed to be absent.
    Heavy-duty engine means any engine which the engine manufacturer 
could reasonably expect to be used for motive power in a heavy-duty 
vehicle.
    Heavy-duty vehicle means any motor vehicle rated at more than 8,500 
pounds GVWR or that has a vehicle curb weight of more than 6,000 pounds 
or that has a basic vehicle frontal area in excess of 45 square feet.
    High altitude means any elevation over 1,219 meters (4,000 feet).
    High-altitude conditions means a test altitude of 1,620 meters 
(5,315 feet), plus or minus 100 meters (328 feet), or equivalent 
observed barometric test conditions of 83.3 1 
kilopascals.
    High-altitude reference point means an elevation of 1,620 meters 
(5,315 feet) plus or minus 100 meters (328 feet), or equivalent observed 
barometric test conditions of 83.3 kPa (24.2 inches Hg), plus or minus 1 
kPa (0.30 Hg).
    Hot-soak losses means evaporative emissions after termination of 
engine operation.
    Incomplete truck means any truck which does not have the primary 
load carrying device or container attached.
    Inertia weight class means the class, which is a group of test 
weights, into which a vehicle is grouped based on its loaded vehicle 
weight in accordance with the provisions of part 86.
    Intermediate speed means peak torque speed if peak torque speed 
occurs between 60 and 75 percent of rated speed. If the peak torque 
speed is less than 60 percent of rated speed, intermediate speed means 
60 percent of rated speed. If the peak torque speed is greater than 75 
percent of rated speed, intermediate speed means 75 percent of rated 
speed.
    Light-duty truck means any motor vehicle rated at 8,500 pounds GVWR 
or less which as a vehicle curb weight of 6,000 pounds or less and which 
has a basic vehicle frontal area of 45 square feet or less, which is:
    (1) Designed primarily for purposes of transportation of property or 
is a derivation of such a vehicle, or
    (2) Designed primarily for transportation of persons and has a 
capacity of more than 12 persons, or
    (3) Available with special features enabling off-street or off-
highway operation and use.
    Light-duty vehicle means a passenger car or passenger car derivative 
capable of seating 12 passengers or less.
    Loaded vehicle weight means the vehicle curb weight plus 300 pounds.
    Low altitude means any elevation equal to or less than 1,219 meters 
(4,000 feet).
    Low altitude conditions means a test altitude less than 549 meters 
(1,800 feet).
    Malfunction means not operating according to specifications (e.g., 
those specifications listed in the application for certification).
    Maximum rated horsepower means the maximum brake horsepower output 
of an engine as stated by the manufacturer in his sales and service 
literature and his application for certification under Sec. 86.082-21.
    Maximum rated torque means the maximum torque produced by an engine 
as stated by the manufacturer in his sales

[[Page 341]]

and service literature and his application for certification under Sec. 
86.082-21.
    Military engine means any engine manufactured solely for the 
Department of Defense to meet military specifications.
    Model means a specific combination of car line, body style, and 
drivetrain configuration.
    Model type means a unique combination of car line, basic engine, and 
transmission class.
    Model year means the manufacturer's annual production period (as 
determined by the Administrator) which includes January 1 of such 
calendar year: Provided, That if the manufacturer has no annual 
production period, the term model year shall mean the calendar year.
    Nominal fuel tank capacity means the volume of the fuel tank(s), 
specified by the manufacturer to the nearest tenth of a U.S. gallon, 
which may be filled with fuel from the fuel tank filler inlet.
    Opacity means the fraction of a beam of light, expressed in percent, 
which fails to penetrate a plume of smoke.
    Option means any available equipment or feature not standard 
equipment on a model.
    Oxides of nitrogen means the sum of the nitric oxide and nitrogen 
dioxide contained in a gas sample as if the nitric oxide were in the 
form of nitrogen dioxide.
    Peak torque speed means the speed at which an engine develops 
maximum torque.
    Percent load means the fraction of the maximum available torque at a 
specified engine speed.
    Precision means the standard deviation of replicated measurements.
    Rated speed means the speed at which the manufacturer specifies the 
maximum rated horsepower of an engine.
    Reconfigured emission-data vehicle means an emission-data vehicle 
obtained by modifying a previously used emission-data vehicle to 
represent another emission-data vehicle.
    Running loss means fuel evaporative emissions resulting from an 
average trip in an urban area or the simulation of such a trip.
    Scheduled maintenance means any adjustment, repair, removal, 
disassembly, cleaning, or replacement of vehicle components or systems 
which is performed on a periodic basis to prevent part failure or 
vehicle (if the engine were installed in a vehicle) malfunction.
    Smoke means the matter in the exhaust emission which obscures the 
transmission of light.
    Span gas means a gas of known concentration which is used routinely 
to set the output level of an analyzer.
    Standard equipment means those features or equipment which are 
marketed on a vehicle over which the purchaser can exercise no choice.
    System includes any motor vehicle engine modification which controls 
or causes the reduction of substances emitted from motor vehicles.
    Tank fuel volume means the volume of fuel in the fuel tank(s), which 
is determined by taking the manufacturer's nominal fuel tank(s) capacity 
and multiplying by 0.40, the result being rounded using ASTM E 29-67 to 
the nearest tenth of a U.S. gallon.
    Test weight means the weight, within an inertia weight class, which 
is used in the dynamometer testing of a vehicle, and which is based on 
its loaded vehicle weight in accordance with the provisions of part 86.
    Throttle means the mechanical linkage which either directly or 
indirectly controls the fuel flow to the engine.
    Transmission class means the basic type of transmission, e.g., 
manual, automatic, semiautomatic.
    Transmission configuration means a unique combination, within a 
transmission class, of the number of the forward gears and, if 
applicable, overdrive. The Administrator may further subdivide a 
transmission configuration (based on such criteria as gear ratios, 
torque convertor multiplication ratio, stall speed and shift 
calibration, etc.), if he determines that significant fuel economy or 
exhaust emission differences exist within that transmission 
configuration.
    Unscheduled maintenance means any adjustment, repair, removal, 
disassembly, cleaning, or replacement of vehicle components or systems 
which is performed to correct a part failure or vehicle (if the engine 
were installed in a vehicle) malfunction.

[[Page 342]]

    Useful life means:
    (1) For light-duty vehicles and light-duty trucks a period of use of 
5 years or 50,000 miles, whichever first occurs.
    (2) For gasoline-fueled heavy-duty engines a period of use of 5 
years or 50,000 miles of vehicle operation or 1,500 hours of engine 
operation (or an equivalent period of 1,500 hours of dynamometer 
operation), whichever first occurs.
    (3) For diesel heavy-duty engines a period of use of 5 years or 
100,000 miles of vehicle operation or 3,000 hours of engine operation 
(or an equivalent period of 1,000 hours of dynamometer operation), 
whichever first occurs.
    Van means a light-duty truck having an integral enclosure, fully 
enclosing the driver compartment and load carrying device, and having no 
body sections protruding more than 30 inches ahead of the leading edge 
of the windshield.
    Vehicle configuration means a unique combination of basic engine, 
engine code, inertia weight class, transmission configuration, and axle 
ratio.
    Vehicle curb weight means the actual or the manufacturer's estimated 
weight of the vehicle in operational status with all standard equipment, 
and weight of fuel at nominal tank capacity, and the weight of optional 
equipment computed in accordance with Sec. 86.082-24; incomplete light-
duty trucks shall have the curb weight specified by the manufacturer.
    Zero (0) hours means that point after normal assembly line 
operations and adjustments are completed and before ten (10) additional 
operating hours have been accumulated, including emission testing, if 
performed.
    Zero (0) miles means that point after initial engine starting (not 
to exceed 100 miles of vehicle operation, or three hours of engine 
operation) at which normal assembly line operations and adjustments are 
completed, and including emission testing, if performed.

[46 FR 50475, Oct. 13, 1981, and 47 FR 49807, 49808, Nov. 2, 1982; 62 FR 
31233, June 6, 1997]



Sec. 86.082-34  Alternative procedure for notification of additions and changes.

    (a) A manufacturer may, in lieu of notifying the Administrator in 
advance of an addition of a vehicle (or engine) under Sec. 86.079-32 or 
a change in a vehicle (or engine) under Sec. 86.079-33, notify the 
Administrator concurrently with making an addition of a vehicle or a 
change in a vehicle, if the manufacturer determines that following the 
change all vehicles (or engines) effected by the addition or change will 
still meet the applicable emission standards. Such notification shall 
include a full description of the addition or change and any supporting 
documentation the manufacturer may desire to include to support the 
manufacturer's determination. The manufacturer's determination that the 
addition or change does not cause noncompliance shall be based on an 
engineering evaluation of the addition or change and/or testing.
    (b) The Administrator may require that additional emission testing 
be performed to support the manufacturers original determination 
submitted in paragraph (a) of this section. If additional testing is 
required the Administrator shall proceed as in Sec. 86.079-32 (b) and 
(c) or Sec. 86.079-33 (b) and (c) as appropriate. Additional test data, 
if requested, must be provided within 30 days of the request or the 
manufacturer must rescind the addition or change immediately. The 
Administrator may grant additional time to complete testing. If based on 
this additional testing or any other information, the Administrator 
determines that the vehicles effected by the addition or change do not 
meet the applicable standards the Administrator will notify the 
manufacturer to rescind the addition or change immediately upon receipt 
of the notification.
    (c) Election to produce vehicles (or engines) under this section 
will be deemed to be a consent to recall all vehicles (or engines) which 
the Administrator determines under Sec. 86.079-32(c) do not meet 
applicable standards, and to cause such nonconformity to be remedied at 
no expense to the owner.

[46 FR 50486, Oct. 13, 1981, as amended at47 FR 49807, Nov. 2, 1982]



Sec. 86.084-2  Definitions.

    The definitions in Sec. 86.082-2 remain effective. The definitions 
listed in this section apply beginning with the 1984 model year.

[[Page 343]]

    Approach angle means the smallest angle in a plan side view of an 
automobile, formed by the level surface on which the automobile is 
standing and a line tangent to the front tire static loaded radius arc 
and touching the underside of the automobile forward of the front tire.
    Axle clearance means the vertical distance from the level surface on 
which an automobile is standing to the lowest point on the axle 
differential of the automobile.
    Breakover angle means the supplement of the largest angle, in the 
plan side view of an automobile, that can be formed by two lines tangent 
to the front and rear static loaded radii arcs and intersecting at a 
point on the underside of the automobile.
    Curb-idle means:
    (1) For manual transmission code light-duty trucks, the engine speed 
with the transmission in neutral or with the clutch disengaged and with 
the air conditioning system, if present, turned off. For automatic 
transmission code light-duty trucks, curb-idle means the engine speed 
with the automatic transmission in the Park position (or Neutral 
position if there is no Park position), and with the air conditioning 
system, if present, turned off.
    (2) For manual transmission code heavy-duty engines, the 
manufacturer's recommended engine speed with the clutch disengaged. For 
automatic transmission code heavy-duty engines, curb idle means the 
manufacturer's recommended engine speed with the automatic transmission 
in gear and the output shaft stalled. (Measured idle speed may be used 
in lieu of curb-idle speed for the emission tests when the difference 
between measured idle speed and curb idle speed is sufficient to cause a 
void test under 40 CFR 1065.530 but not sufficient to permit adjustment 
in accordance with 40 CFR part 1065, subpart E.
    Departure angle means the smallest angle, in a plan side view of an 
automobile, formed by the level surface on which the automobile is 
standing and a line tangent to the rear tire static loaded radius arc 
and touching the underside of the automobile rearward of the rear tire.
    Emission-related maintenance means that maintenance which does 
substantially affect emissions or which is likely to affect the 
deterioration of the vehicle or engine with respect to emissions, even 
if the maintenance is performed at some time other than that which is 
recommended.
    Heavy-passenger cars means, for the 1984 model year only, a 
passenger car or passenger car derivative capable of seating 12 
passengers or less, rated at 6,000 pounds GVW or more and having an 
equivalent test weight of 5,000 pounds or more.
    Non-emission related maintenance means that maintenance which does 
not substantially affect emissions and which does not have a lasting 
effect on the deterioration of the vehicle or engine with respect to 
emissions once the maintenance is performed at any particular date.
    Scheduled maintenance means any adjustment, repair, removal, 
disassembly, cleaning, or replacement of vehicle components or systems 
which is performed on a periodic basis to prevent part failure or 
vehicle (if the engine were installed in a vehicle) malfunction, or 
anticipated as necessary to correct an overt indication of vehicle 
malfunction or failure for which periodic maintenance is not 
appropriate.
    Special features enabling off-street or off-highway operation and 
use means a vehicle:
    (1) That has 4-wheel drive; and
    (2) That has at least four of the following characteristics 
calculated when the automobile is at curb weight, on a level surface, 
with the front wheels parallel to the vehicle's longitudinal centerline, 
and the tires inflated to the manufacturer's recommended pressure;
    (i) Approach angle of not less than 28 degrees.
    (ii) Breakover angle of not less than 14 degrees.
    (iii) Departure angle of not less than 20 degrees.
    (iv) Running clearance of not less than 8 inches.
    (v) Front and rear axle clearances of not less than 7 inches each.
    Static loaded radius arc means a portion of a circle whose center is 
the center of a standard tire-rim combination of an automobile and whose 
radius is

[[Page 344]]

the distance from that center to the level surface on which the 
automobile is standing, measured with the automobile at curb weight, the 
wheel parallel to the vehicle's longitudinal centerline, and the tire 
inflated to the manufacturer's recommended pressure.
    Unscheduled maintenance means any adjustment, repair, removal 
disassembly, cleaning, or replacement of vehicle components or systems 
which is performed to correct a part failure or vehicle (if the engine 
were installed in a vehicle) malfunction which was not anticipated.
    Useful life means:
    (a) For light-duty vehicles a period of use of 5 years or 50,000 
miles, whichever first occurs.
    (b)(1) For a light-duty truck engine family or heavy-duty engine 
family, the average period of use up to engine retirement or rebuild, 
whichever occurs first, as determined by the manufacturer under Sec. 
86.084-21(b)(4)(ii)(B).
    (2) For a specific light-duty truck or heavy-duty engine, the period 
of use represented by the first occurring of the following:
    (i) The engine reaches the point of needing to be rebuilt, according 
to the criteria established by the manufacturer under Sec. 86.084-
21(b)(4)(ii)(C), or
    (ii) The engine reaches its engine family's useful life.
    (3) If the useful life of a specific light-duty truck or heavy-duty 
engine is found to be less than 5 years or 50,000 miles (or the 
equivalent), the useful life shall be a period of use of 5 years or 
50,000 miles (or the equivalent), whichever occurs first, as required by 
section 202(d)(2) of the Act.
    (4) For purpose of identification this option shall be known as the 
average useful-life period.
    (c)(1) As an option for a light-duty truck engine family, a period 
of use of 12 years or 130,000 miles, whichever occurs first.
    (2) As an option for a gasoline heavy-duty engine family, a period 
of use of 10 years or 120,000 miles, whichever occurs first.
    (3) As an option for a diesel heavy-duty engine family, a period of 
use of 10 years or 120,000 miles, whichever occurs first, for engines 
certified for use in vehicles of less than 19,500 pounds GVWR; a period 
of use of 10 years or 200,000 miles, whichever occurs first, for engines 
certified for use in vehicles of 19,501-26,000 pounds GVWR; or, a period 
of use of 10 years or 275,000 miles, whichever occurs first, for engines 
certified for use in vehicles whose GVWR exceeds 26,000 pounds.
    (4) As an option for both light-duty truck and heavy-duty engine 
families, an alternate full-life value assigned by the Administrator 
under Sec. 86.084-21(b)(4)(ii)(B)(4).
    (5) For purpose of identification these options shall be known as 
the assigned useful-life period options.
    (6) For those light-duty truck and heavy-duty engine families using 
the assigned useful-life period options, the warranty period for 
emissions defect warranty and emissions performance warranty shall be 5 
years/50,000 miles for light-duty trucks, 5 years/50,000 miles for 
gasoline heavy-duty engines and for diesel heavy-duty engines certified 
for use in vehicle of less than 19,501 lbs. GVWR, and 5 years/100,000 
miles for all other diesel heavy-duty engines. However, in no case may 
this period be less than the basic mechanical warranty period.
    (7) The assigned useful-life period options, as detailed in 
paragraphs (c)(1) through (c)(6) of this section, are applicable for the 
1984 model year only.
    (d)(1) As an option for the 1984 model year and for the 1984 model 
year only, the useful life of light-duty trucks and heavy-duty engine 
families may be defined as prescribed in Sec. 86.077-2.
    (2) For purpose of identification this option shall be known as the 
half-life useful-life option.

[45 FR 63747, Sept. 25, 1980, as amended at 47 FR 49811, Nov. 2, 1982; 
48 FR 1412, Jan. 12, 1983; 48 FR 48607, Oct. 19, 1983; 49 FR 48136, Dec. 
10, 1984; 70 FR 40433, July 13, 2005]



Sec. 86.084-4  Section numbering; construction.

    (a) Section numbering. (1) The model year of initial applicability 
is indicated by the last two digits of the 5-digit group. A section 
remains in effect for subsequent model years until it is superseded. The 
number following the hyphen designates what previous section is replaced 
by a future regulation.


[[Page 345]]


    Examples: Section 86.077-6 applies to the 1977 and subsequent model 
years until superseded. If a Sec. 86.080-6 is promulgated it would take 
effect with the 1980 model year; Sec. 86.077-6 would not apply after 
the 1979 model year. Section 86.077-10 would be replaced by Sec. 
86.078-10 beginning with the 1978 model year.

    (2) Where a section still in effect references a section that has 
been superseded, the reference shall be interpreted to mean the 
superseding section.
    (b) A section reference without a model year suffix refers to the 
section applicable for the appropriate model year.
    (c) Construction. Except where indicated, the language in this 
subpart applies to both vehicles and engines. In many instances, 
language referring to engines is enclosed in parentheses and immediately 
follows the language discussing vehicles.

[45 FR 63747, Sept. 25, 1980, as amended at 59 FR 48492, Sept. 21, 1994]



Sec. 86.085-2  Definitions.

    The definitions of Sec. 86.084-2 remain effective. The definitions 
listed in this section apply beginning with the 1985 model year.
    Abnormally treated vehicle, any diesel light-duty vehicle or diesel 
light-duty truck that is operated for less than five miles in a 30 day 
period immediately prior to conducting a particulate emissions test.
    Composite particulate standard, for a manufacturer which elects to 
average diesel light-duty vehicles and diesel light-duty trucks together 
in the particulate averaging program, means that standard calculated 
according to the following equation and rounded to the nearest hundredth 
gram-per-mile:
[GRAPHIC] [TIFF OMITTED] TR06OC93.004

Where:

PRODLDV represents the manufacturer's total diesel light-duty 
vehicle production for those engine families being included in the 
average for a given model year.
STDLDV represents the light-duty vehicle particulate 
standard.
PRODLDT represents the manufacturer's total diesel light-duty 
truck production for those engine families being included in the average 
for a given model year.
STDLDT represents the light-duty truck particulate standard.

    Family particulate emission limit means the diesel particulate 
emission level to which an engine family is certified in the particulate 
averaging program, expressed to an accuracy of one hundredth gram-per-
mile.
    Incomplete gasoline-fueled heavy-duty vehicle means any gasoline-
fueled heavy-duty vehicle which does not have the primary load-carrying 
device, or passenger compartment, or engine compartment or fuel system 
attached.
    Production-weighted average means the manufacturer's production-
weighted average particulate emission level, for certification purposes, 
of all of its diesel engine families included in the particulate 
averaging program. It is calculated at the end of the model year by 
multiplying each family particulate emission limit by its respective 
production, summing these terms, and dividing the sum by the total 
production of the effected families. Those vehicles produced for sale in 
California or at high altitude shall each be averaged separately from 
those produced for sale in any other area.
    Primary intended service class means:
    (a) The primary service application group for which a heavy-duty 
diesel engine is designed and marketed, as determined by the 
manufacturer. The primary intended service classes are designated as 
light, medium, and heavy heavy-duty diesel engines. The determination is 
based on factors such as vehicle GVW, vehicle usage and operating 
patterns, other vehicle design characteristics, engine horsepower, and

[[Page 346]]

other engine design and operating characteristics.
    (1) Light heavy-duty diesel engines usually are non-sleeved and not 
designed for rebuild; their rated horsepower generally ranges from 70 to 
170. Vehicle body types in this group might include any heavy-duty 
vehicle built for a light-duty truck chassis, van trucks, multi-stop 
vans, recreational vehicles, and some single axle straight trucks. 
Typical applications would include personal transportation, light-load 
commercial hauling and delivery, passenger service, agriculture, and 
construction. The GVWR of these vehicles is normally less than 19,500 
lbs.
    (2) Medium heavy-duty diesel engines may be sleeved or non-sleeved 
and may be designed for rebuild. Rated horsepower generally ranges from 
170 to 250. Vehicle body types in this group would typically include 
school buses, tandem axle straight trucks, city tractors, and a variety 
of special purpose vehicles such as small dump trucks, and trash 
compactor trucks. Typical applications would include commercial short 
haul and intra-city delivery and pickup. Engines in this group are 
normally used in vehicles whose GVWR varies from 19,500-33,000 lbs.
    (3) Heavy heavy-duty diesel engines are sleeved and designed for 
multiple rebuilds. Their rated horsepower generally exceeds 250. 
Vehicles in this group are normally tractors, trucks, and buses used in 
inter-city, long-haul applications. These vehicles normally exceed 
33,000 lbs GVWR.
    Useful life means:
    (a) For light-duty vehicles a period of use of 5 years or 50,000 
miles, whichever first occurs.
    (b) For a light-duty truck engine family, a period of use of 11 
years or 120,000 miles, whichever occurs first.
    (c) For a gasoline-fueled heavy-duty engine family (and in the case 
of evaporative emission regulations, for gasoline-fueled heavy-duty 
vehicles), a period of use of 8 years or 110,000 miles, whichever first 
occurs.
    (d) For a diesel heavy-duty engine family:
    (1) For light heavy-duty diesel engines, a period of use of 8 years 
or 110,000 miles, whichever first occurs.
    (2) For medium heavy-duty diesel engines, a period of use of 8 years 
or 185,000 miles, whichever first occurs.
    (3) For heavy heavy-duty diesel engines, a period of use of 8 years 
or 290,000 miles, whichever first occurs.
    (e) As an option for both light-duty truck and heavy-duty engine 
families, an alternative useful life period assigned by the 
Administrator under the provisions of paragraph (f) of Sec. 86.085-21.
    (f) The useful-life period for purposes of the emissions defect 
warranty and emissions performance warranty shall be a period of 5 
years/50,000 miles whichever first occurs, for light-duty trucks, 
gasoline heavy-duty engines, and light heavy-duty diesel engines. For 
all other heavy-duty diesel engines the aforementioned period is 5 
years/100,000 miles, whichever first occurs. However, in no case may 
this period be less than the manufacturer's basic mechanical warranty 
period for the engine family.

[48 FR 33462, July 21, 1983, as amended at 48 FR 52184, Nov. 16, 1983; 
52 FR 47863, Dec. 16, 1987]



Sec. 86.085-20  Incomplete vehicles, classification.

    (a) An incomplete truck less than 8,500 pounds gross vehicle weight 
rating shall be classified by the manufacturer as a light-duty truck or 
as a heavy-duty vehicle. Incomplete light-duty trucks shall be described 
in the manufacturer's application for certification. The frontal area 
and curb weight used for certification purposes shall be specified on 
the label required in Sec. 86.085-35(d). Incomplete heavy-duty trucks 
must be labeled as required in Sec. 86.085-35(e) and Sec. 86.085-
35(g).
    (b) [Reserved]

[48 FR 1439, Jan. 12, 1983]



Sec. 86.085-37  Production vehicles and engines.

    (a) Any manufacturer obtaining certification under this part shall 
supply to the Administrator, upon request, a reasonable number of 
production vehicles (or engines) selected by the Administrator which are 
representative of the engines, emission control systems, fuel systems, 
and transmission offered and typical of production models available for 
sale under the certificate.

[[Page 347]]

These vehicles (or engines) shall be supplied for testing at such time 
and place and for such reasonable periods as the Administrator may 
require. Heavy-duty engines supplied under this paragraph may be 
required to be mounted in chassis and appropriately equipped for 
operation on a chassis dynamometer.
    (b)(1) Any manufacturer of light-duty vehicles or light-duty trucks 
obtaining certification under this part shall notify the Administrator, 
on a yearly basis, of the number of vehicles domestically produced for 
sale in the United States and the number of vehicles produced and 
imported for sale in the United States during the preceding year. Such 
information shall also include the number of vehicles produced for sale 
pursuant to Sec. 88.204-94(b) of this chapter. A manufacturer may elect 
to provide this information every 60 days instead of yearly by combining 
it with the notification required under Sec. 86.079-36. The 
notification must be submitted 30 days after the close of the reporting 
period. A manufacturer may combine the information required under Sec. 
86.1712(b) with the information included in paragraphs (b)(1) (i) 
through (iv) of this section into the report required under this 
section. The vehicle production information required shall be submitted 
as follows:
    (i) Total production volume expressed in terms of units produced;
    (ii) Model type production volume, expressed for each model type in 
terms of units produced and as a percentage of total production;
    (iii) Base level production volume, expressed for each base level in 
terms of units produced and as percentage of:
    (A) Total production of its respective model type(s), and
    (B) Total production; and
    (iv) Vehicle configuration production volume, expressed for each 
vehicle configuration in terms of units produced, and as a percentage of 
the total production of its respective base level. In addition, each 
vehicle configuration shall be identified by its appropriate engine-
system combination.
    (2) All light-duty vehicles and light-duty trucks covered by a 
certificate of conformity under Sec. 86.082-30(a) shall be adjusted by 
the manufacturer to the ignition or injection timing specification 
detailed in Sec. 86.079-36(a)(1)(iii)(D).
    (c) Any heavy-duty engine or gasoline-fueled heavy-duty vehicle 
manufacturer obtaining certification under this part shall notify the 
Administrator, on a yearly basis, of the number of engines or vehicles 
of such engine family-evaporative emission family-engine displacement-
exhaust emission control system-fuel system combination produced for 
sale in the United States during the preceding year.
    (d) The following definitions apply to this section:
    (1) Model type means a unique combination of car line, basic engine, 
and transmission class.
    (2) Base level means a unique combination of basic engine, inertia 
weight, and transmission class.
    (3) Vehicle configuration means a unique combination of basic 
engine, engine code, inertia weight, transmission configuration, and 
axle ratio within a base level.

[48 FR 1455, Jan. 12, 1983, as amended at 59 FR 50073, Sept. 30, 1994; 
62 FR 31233, June 6, 1997]

    Effective Date Note: At 62 FR 31233, June 6, 1997, Sec. 86.085-37 
was amended by revising paragraph (b)(1) introductory text. That text 
contains information collection and recordkeeping requirements and will 
not become effective until approval has been given by the Office of 
Management and Budget.



Sec. 86.087-2  Definitions.

    Composite particulate standard for a manufacturer which elects to 
average diesel light-duty vehicles and diesel light-duty trucks with a 
loaded vehicle weight equal to or less than 3,750 lbs (LDDT1s) together 
in the particulate averaging program, means that standard calculated 
according to the following equation and rounded to the nearest hundredth 
gram per mile:

[[Page 348]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.005

Where:

PRODLDV represents the manufacturer's total light-duty 
vehicle production for those engine families being included in the 
average for a given model year.
STDLDV represents the light-duty vehicle particulate 
standard.
PRODLDDT1 represents the manufacturer's total diesel light-
duty truck production for those engine families with a loaded vehicle 
weight equal to or less than 3,750 lbs which are being included in the 
average for a given model year.
STDLDDT1 represents the light-duty truck particulate standard 
for diesel light-duty trucks with a loaded vehicle weight equal to or 
less than 3,750 lbs.

    Production-weighted average means the manufacturer's production-
weighted average particulate emission level, for certification purposes, 
of all of its diesel engine families included in the particulate 
averaging program. It is calculated at the end of the model year by 
multiplying each family particulate emission limit by its respective 
production, summing these terms, and dividing the sum by the total 
production of the affected families. Those vehicles produced for sale in 
California or at high altitude shall each be averaged separately from 
those produced for sale in any other area. Diesel light-duty trucks with 
a loaded vehicle weight equal to or greater than 3,751 lbs (LDDT2s) 
shall only be averaged with other diesel light-duty trucks with a loaded 
vehicle weight equal to or greater than 3,751 lbs produced by that 
manufacturer.

[53 FR 43875, Oct. 31, 1988]



Sec. 86.087-38  Maintenance instructions.

    (a) The manufacturer shall furnish or cause to be furnished to the 
purchaser of each new motor vehicle (or motor vehicle engine) subject to 
the standards prescribed in Sec. 86.087-8, Sec. 86.087-9, Sec. 
86.087-10, or Sec. 86.087-11, as applicable, written instructions for 
the proper maintenance and use of the vehicle (or engine), by the 
purchaser consistent with the provisions of Sec. 86.087-25, which 
establishes what scheduled maintenance the Administrator approves as 
being reasonable and necessary. For light-duty vehicle manufacturers 
optionally complying with Sec. 86.087-25(a) for the 1987 model year, 
the Administrator approves any scheduled maintenance allowed by Sec. 
86.087-25(a) as being reasonable and necessary.
    (1) The maintenance instructions required by this section shall be 
in clear, and to the extent practicable, nontechnical language.
    (2) The maintenance instructions required by this section shall 
contain a general description of the documentation which the 
manufacturer will require from the ultimate purchaser or any subsequent 
purchaser as evidence of compliance with the instructions.
    (b) Instructions provided to purchasers under paragraph (a) of this 
section shall specify the performance of all scheduled maintenance 
performed by the manufacturer on certification durability vehicles and, 
in cases where the manufacturer performs less maintenance on 
certification durability vehicles than the allowed limit, may specify 
the performance of any scheduled maintenance allowed under Sec. 86.087-
25 (or under Sec. 86.085-25(a), for light-duty vehicle families 
optionally complying with that section for the 1987 model year).
    (c) Scheduled emission-related maintenance in addition to that 
performed under Sec. 86.087-25(b) may only be recommended to offset the 
effects of abnormal in-use operating conditions, except as provided in 
paragraph (d) of this section. The manufacturer shall be required to 
demonstrate, subject to the approval of the Administrator, that such 
maintenance is reasonable and technologically necessary to assure the 
proper functioning of the emission control system. Such additional 
recommended maintenance shall be clearly differentiated, in a form 
approved by the Administrator, from that approved under Sec. 86.087-
25(b).

[[Page 349]]

    (d) Inspections of emission-related parts or systems with 
instructions to replace, repair, clean, or adjust the parts or systems 
if necessary, are not considered to be items of scheduled maintenance 
which insure the proper functioning of the emission control system. Such 
inspections, and any recommended maintenance beyond that approved by the 
Administrator as reasonable and necessary under paragraphs (a), (b), and 
(c) of this section, may be included in the written instructions 
furnished to vehicle owners under paragraph (a) of this section: 
Provided, That such instructions clearly state, in a form approved by 
the Administrator, that the owner need not perform such inspections or 
recommended maintenance in order to maintain the emission warranty or 
manufacturer recall liability.
    (e) If the vehicle has been granted an alternative useful life 
period under the provisions of Sec. 86.087-21(f), the manufacturer may 
choose to include in such instructions an explanation of the distinction 
between the alternative useful life specified on the label, and the 
emissions defect and emissions performance warranty period. The 
explanation must clearly state that the useful life period specified on 
the label represents the average period of use up to retirement or 
rebuild for the engine family represented by the engine used in the 
vehicle. An explanation of how the actual useful lives of engines used 
in various applications are expected to differ from the average useful 
life may be included. The explanation(s) shall be in clear, non-
technical language that is understandable to the ultimate purchaser.
    (f) If approved by the Administrator, the instructions provided to 
purchasers under paragraph (a) of this section shall indicate what 
adjustments or modifications, if any, are necessary to allow the vehicle 
to meet applicable emission standards at elevations above 4,000 feet, or 
at elevations of 4,000 feet or less.

(Secs. 202, 203, 206, 207, 208, 301a, Clean Air Act, as amended; 42 
U.S.C. 7521, 7522, 7525, 7541, 7542, 7601a)

[50 FR 10693, Mar. 15, 1985, as amended at 51 FR 24610, July 7, 1986]



Sec. 86.088-2  Definitions.

    The definitions in Sec. 86.085-2 remain effective. The definitions 
in this section apply beginning with the 1988 model year.
    Composite NOX standard, for a manufacturer which elects 
to average light-duty trucks subject to the NOX standard of 
Sec. 86.088-9(a)(iii)(A) together with those subject to the 
NOX standard of Sec. 86.088-9(a)(iii)(B) in the light-duty 
truck NOX averaging program, means that standard calculated 
according to the following equation and rounded to the nearest one-tenth 
gram per mile:
[GRAPHIC] [TIFF OMITTED] TR06OC93.006

Where:

PRODA = The manufacturer's total light-duty truck production 
for those engine families subject to the standard of Sec. 86.088-
9(a)(iii)(A) and included in the average for a given model year,
STDA = The NOX standard of Sec. 86.088-
9(a)(iii)(A),
PRODB = The manufacturer's total light-duty truck production 
for those engine families subject to the standard of Sec. 86.088-
9(a)(iii)(B) and included in the average for a given model year, and
STDB = The NOX standard of Sec. 86.088-
9(a)(iii)(B).

    Critical emission-related components are those components which are 
designed primarily for emission control, or whose failure may result in 
a significant increase in emissions accompanied by no significant 
impairment (or perhaps even an improvement) in performance, 
driveability, and/or fuel economy as determined by the Administrator.

[[Page 350]]

    Critical emission-related maintenance means that maintenance to be 
performed on critical emission-related components.
    Emission-related maintenance means that maintenance which does 
substantially affect emissions or which is likely to affect the 
emissions deterioration of the vehicle or engine during normal in-use 
operation, even if the maintenance is performed at some time other than 
that which is recommended.
    Family NOX emission limit means the NOX 
emission level to which an engine family is certified in the light-duty 
truck NOX averaging program, expressed to one-tenth of a gram 
per mile accuracy.
    Non-emission-related maintenance means that maintenance which does 
not substantially affect emissions and which does not have a lasting 
effect on the emissions deterioration of the vehicle or engine during 
normal in-use operation once the maintenance is performed.
    Production-weighted NOX average means the manufacturer's 
production-weighted average NOX emission level, for 
certification purposes, of all of its light-duty truck engine families 
included in the NOX averaging program. It is calculated at 
the end of the model year by multiplying each family NOX 
emission limit by its respective production, summing those terms, and 
dividing the sum by the total production of the effected families. Those 
vehicles produced for sale in California or at high altitude shall each 
be averaged separately from those produced for sale in any other area.
    Production-weighted particulate average means the manufacturer's 
production-weighted average particulate emission level, for 
certification purposes, of all of its diesel engine families included in 
the particulate averaging program. It is calculated at the end of the 
model year by multiplying each family particulate emission limit by its 
respective production, summing those terms, and dividing the sum by the 
total production of the effected families. Those vehicles produced for 
sale in California or at high altitude shall each be averaged separately 
from those produced for sale in any other area.

(Secs. 202, 203, 206, 207, 208, 301a, Clean Air Act, as amended; 42 
U.S.C. 7521, 7522, 7525, 7541, 7542, 7601a)

[50 FR 10648, Mar. 15, 1985]



Sec. 86.090-2  Definitions.

    The definitions in Sec. 86.088-2 remain effective. The definitions 
in this section apply beginning with the 1990 model year.
    Averaging for heavy-duty engines means the exchange of 
NOX and particulate emission credits among engine families 
within a given manufacturer's product line.
    Averaging set means a subcategory of heavy-duty engines within which 
engine families can average and trade emission credits with one other.
    Banking means the retention of heavy-duty engine NOX and 
particulate emission credits, by the manufacturer generating the 
emission credits, for use in future model year certification programs as 
permitted by regulation.
    Composite particulate standard, for a manufacturer which elects to 
average light-duty vehicles and light-duty trucks together in either the 
petroleum-fueled or methanol-fueled light-duty particulate averaging 
program, means that standards calculated using the following equation 
and rounded to the nearest one-hundredth (0.01) of a gram per mile:
[GRAPHIC] [TIFF OMITTED] TR06OC93.007

Where:

PRODLDV represents the manufacturer's total petroleum-fueled 
diesel or methanol-fueled diesel light-duty vehicle production for those 
engine families being included in the appropriate average for a given 
model year.

[[Page 351]]

STDLDV represents the light-duty vehicle particulate 
standard.
PRODLDT represents the manufacturer's total petroleum-fueled 
diesel or methanol-fueled diesel light-duty truck production for those 
engine families being included in the appropriate average for a given 
model year.
STDLDT represents the light-duty truck particulate standard.

    Dedicated vehicle (or engine) means any motor vehicle (or motor 
vehicle engine) engineered and designed to be operated using a single 
fuel. Flexible fuel vehicles and multi-fuel vehicles are not dedicated 
vehicles.
    Diesel means type of engine with operating characteristics 
significantly similar to the theoretical Diesel combustion cycle. The 
non-use of a throttle during normal operation is indicative of a diesel 
engine.
    Dual fuel vehicle (or engine) means any motor vehicle (or motor 
vehicle engine) engineered and designed to be operated on two different 
fuels, but not on a mixture of fuels.
    Emission credits mean the amount of emission reductions or 
exceedances, by a heavy-duty engine family, below or above the emission 
standard, respectively. Emission credits below the standard are 
considered as ``positive credits,'' while emission credits above the 
standard are considered as ``negative credits.'' In addition, 
``projected credits'' refer to emission credits based on the projected 
U.S. production volume of the engine family. ``Reserved credits'' are 
emission credits generated within a model year waiting to be reported to 
EPA at the end of the model year. ``Actual credits'' refer to emission 
credits based on actual U.S. production volumes as contained in the end-
of-year reports submitted to EPA. Some or all of these credits may be 
revoked if EPA review of the end of year reports or any subsequent audit 
actions uncover problems or errors.
    Family emission limit (FEL) means an emission level declared by the 
manufacturer which serves in lieu of an emission standard for 
certification purposes in any of the averaging, trading, or banking 
programs. FELs must be expressed to the same number of decimal places as 
the applicable emission standard. The FEL for an engine family using 
NOX or particulate NCPs must equal the value of the current 
NOX or particulate emission standard.
    Flexible fuel vehicle (or engine) means any motor vehicle (or motor 
vehicle engine) engineered and designed to be operated on any mixture of 
two or more different fuels.
    Methanol-fueled means any motor vehicle or motor vehicle engine that 
is engineered and designed to be operated using methanol fuel (i.e., a 
fuel that contains at least 50 percent methanol (CH3OH) by 
volume) as fuel. Flexible fuel vehicles are methanol-fueled vehicles.
    Non-oxygenated hydrocarbon means organic emissions measured by a 
flame ionization detector, excluding methanol.
    Otto-cycle means type of engine with operating characteristics 
significantly similar to the theoretical Otto combustion cycle. The use 
of a throttle during normal operation is indicative of an Otto-cycle 
engine.
    Primary intended service class means:
    (a) The primary service application group for which a heavy-duty 
diesel engine is designed and marketed, as determined by the 
manufacturer. The primary intended service classes are designated as 
light, medium, and heavy heavy-duty diesel engines. The determination is 
based on factors such as vehicle GVW, vehicle usage and operating 
patterns, other vehicle design characteristics, engine horsepower, and 
other engine design and operating characteristics.
    (1) Light heavy-duty diesel engines usually are non-sleeved and not 
designed for rebuild; their rated horsepower generally ranges from 70 to 
170. Vehicle body types in this group might include any heavy-duty 
vehicle built for a light-duty truck chassis, van trucks, multi-stop 
vans, recreational vehicles, and some single axle straight trucks. 
Typical applications would include personal transportation, light-load 
commercial hauling and delivery, passenger service, agriculture, and 
construction. The GVWR of these vehicles is normally less than 19,500 
lbs.
    (2) Medium heavy-duty diesel engines may be sleeved or non-sleeved 
and may be designed for rebuild. Rated horsepower generally ranges from 
170 to 250. Vehicle body types in this group would

[[Page 352]]

typically include school buses, tandem axle straight trucks, city 
tractors, and a variety of special purpose vehicles such as small dump 
trucks, and trash compactor trucks. Typical applications would include 
commercial short haul and intra-city delivery and pickup. Engines in 
this group are normally used in vehicles whose GVWR varies from 19,500-
33,000 lbs.
    (3) Heavy heavy-duty diesel engines are sleeved and designed for 
multiple rebuilds. Their rated horsepower generally exceeds 250. 
Vehicles in this group are normally tractors, trucks, and buses used in 
inter-city, long-haul applications. These vehicles normally exceed 
33,000 lbs. GVWR.
    Production weighted particulate average means the manufacturer's 
production-weighted average particulate emission level, for 
certification purposes, of all of its diesel engine families included in 
the light-duty particulate averaging program. It is calculated at the 
end of the model year by multiplying each family particulate emission 
limit by its respective production, summing those terms, and dividing 
the sum by the total production of the effected families. Those vehicles 
produced for sale in California or at high altitude shall each be 
averaged separately from those produced for sale in any other area.
    Throttle means a device used to control an engine's power output by 
limiting the amount of air entering the combustion chamber.
    Total hydrocarbon equivalent means the sum of the carbon mass 
emissions of non-oxygenated hydrocarbons, methanol, formaldehyde or 
other organic compounds that are separately measured, expressed as 
gasoline-fueled vehicle hydrocarbons. In the case of exhaust emissions, 
the hydrogen-to-carbon ratio of the equivalent hydrocarbon is 1.85:1. In 
the case of diurnal and hot soak emissions, the hydrogen-to-carbon 
ratios of the equivalent hydrocarbons are 2.33:1 and 2.2:1, 
respectively.
    Trading means the exchange of heavy-duty engine NOX or 
particulate emission credits between manufacturers.
    Useful life means:
    (a) For light-duty vehicles a period of use of 5 years or 50,000 
miles, whichever first occurs.
    (b) For a light-duty truck engine family, a period of use of 11 
years or 120,000 miles, whichever occurs first.
    (c) For an Otto-cycle heavy-duty engine family, a period of use of 8 
years of 110,000 miles, whichever first occurs.
    (d) For a diesel heavy-duty engine family:
    (1) For light heavy-duty diesel engines, period of use of 8 years or 
110,000 miles, whichever first occurs.
    (2) For medium heavy-duty diesel engines, a period of use of 8 years 
or 185,000 miles, whichever first occurs.
    (3) For heavy heavy-duty diesel engines, a period of use of 8 years 
or 290,000 miles, whichever first occurs.
    (e) As an option for both light-duty truck and heavy-duty engine 
families, an alternative useful life period assigned by the 
Administrator under the provisions of paragraph (f) of Sec. 86.090-21.
    (f) The useful-life period for purposes of the emissions defect 
warranty and emissions performance warranty shall be a period of 5 
years/50,000 miles whichever first occurs, for light-duty trucks, Otto 
cycle heavy-duty engines and light heavy-duty diesel engines. For all 
other heavy-duty diesel engines the aforementioned period is 5 years/
100,000 miles, whichever first occurs. However, in no case may this 
period be less than the manufacturer's basic mechanical warranty period 
for the engine family.

[55 FR 30612, July 26, 1990, as amended at 60 FR 34334, June 30, 1995; 
62 FR 31233, June 6, 1997]



Sec. 86.090-3  Abbreviations.

    (a) The abbreviations in Sec. 86.078-3 remain effective. The 
abbreviations in this section apply beginning with the 1990 model year.
    (b) The abbreviations in this section apply to this subpart, and 
also to subparts B, E, F, M, N, and P of this part, and have the 
following meanings:

DNPH--2,4-dinitrophenylhydrazine.
FEL--Family emission limit.
GC--Gas chromatograph.
HPLC--High-pressure liquid chromatography.
MeOH--Methanol (CH3OH).
Mg--Megagram(s) (1 million grams)

[[Page 353]]

MJ--Megajoule(s) (1 million joules)
THCE--Total Hydrocarbon Equivalent
UV--Ultraviolet.

[55 FR 30613, July 26, 1990, as amended at 60 FR 34335, June 30, 1995]



Sec. 86.090-5  General standards; increase in emissions; unsafe 
conditions.

    (a)(1) Every new motor vehicle (or new motor vehicle engine) 
manufactured for sale, sold, offered for sale, introduced, or delivered 
for introduction to commerce, or imported into the United States for 
sale or resale which is subject to any of the standards prescribed in 
this subpart shall be covered by a certificate of conformity issued 
pursuant to Sec. Sec. 86.090-21, 86.090-22, 86.090-23, 86.090-29, 
86.090-30, 86.079-31, 86.079-32, 86.079-33, and 86.082-34.
    (2) No heavy-duty vehicle manufacturer shall take any of the actions 
specified in section 203(a)(1) of the Act with respect to any Otto-cycle 
or diesel heavy-duty vehicle which uses an engine which has not been 
certified as meeting applicable standards.
    (3) Notwithstanding paragraphs (a) (1) and (2) of this section, a 
light or heavy duty motor vehicle equipped with an engine certified to 
the nonroad provision of 40 CFR part 89 may be sold, offered for sale or 
otherwise introduced into commerce by a motor vehicle manufacturer to a 
secondary manufacturer if the motor vehicle manufacturer obtains written 
assurance from the secondary manufacturer that such vehicle will be 
converted to a nonroad vehicle or to a piece of nonroad equipment, as 
defined in 40 CFR part 89, before title is transferred to an ultimate 
purchaser. Failure of the secondary manufacturer to convert such 
vehicles to nonroad vehicles or equipment prior to transfer to an 
ultimate purchaser shall be considered a violation of section 203(a) (1) 
and (3) of the Clean Air Act.
    (b)(1) Any system installed on or incorporated in a new motor 
vehicle (or new motor vehicle engine) to enable such vehicle (or engine) 
to conform to standards imposed by this subpart.
    (i) Shall not in its operation or function cause the emission into 
the ambient air of any noxious or toxic substance that would not be 
emitted in the operation of such vehicle (or engine) without such 
system, except as specifically permitted by regulation; and
    (ii) Shall not in its operation, function or malfunction result in 
any unsafe condition endangering the motor vehicle, its occupants, or 
persons or property in close proximity to the vehicle.
    (2) In establishing the physically adjustable range of each 
adjustable parameter on a new motor vehicle (or new motor vehicle 
engine), the manufacturer shall ensure that, taking into consideration 
the production tolerances, safe vehicle driveability characteristics are 
available within that range, as required by section 202(a)(4) of the 
Clean Air Act.
    (3) Every manufacturer of new motor vehicles (or new motor vehicle 
engines) subject to any of the standards imposed by this subpart shall, 
prior to taking any of the actions specified in section 203(a)(1) of the 
Act, test or cause to be tested motor vehicles (or motor vehicle 
engines) in accordance with good engineering practice to ascertain that 
such test vehicles (or test engines) will meet the requirements of this 
section for the useful life of the vehicle (or engine).

[54 FR 14460, Apr. 11, 1989, as amended at 61 FR 58106, Nov. 12, 1996]



Sec. 86.090-8  Emission standards for 1990 and later model year 
light-duty vehicles.

    (a)(1) Exhaust emissions from 1990 and later model year light-duty 
vehicles shall not exceed (compliance with these standards is optional 
for 1990 model year methanol-fueled vehicles):
    (i)(A) Hydrocarbons (for petroleum-fueled Otto-cycle and diesel 
vehicles). 0.41 gram per vehicle mile (0.26 gram per vehicle kilometer).
    (B) Total Hydrocarbon Equivalent (for methanol-fueled Otto-cycle and 
diesel vehicles). 0.41 gram per vehicle mile (0.26 gram per vehicle 
kilometer).
    (ii) Carbon monoxide. 3.4 grams per vehicle mile (2.1 grams per 
vehicle kilometer).
    (iii) Oxides of nitrogen. 1.0 gram per vehicle mile (0.63 gram per 
vehicle kilometer).

[[Page 354]]

    (iv) Particulate (for diesel vehicles only). (A) 0.20 gram per 
vehicle mile (0.12 gram per vehicle kilometer).
    (B) A manufacturer may elect to include all or some of its diesel 
light-duty vehicle engine families in the appropriate particulate 
averaging program (petroleum or methanol), provided that vehicles 
produced for sale in California or in designated high-altitude areas may 
be averaged only within each of these areas. Averaging is not permitted 
between fuel types. If the manufacturer elects to average light-duty 
vehicles and light-duty trucks together in the appropriate particulate 
averaging program, its composite particulate standard applies to the 
combined set of light-duty vehicles and light-duty trucks included in 
the average and is calculated as defined in Sec. 86.090-2.
    (2) The standards set forth in paragraph (a)(1) of this section 
refer to the exhaust emitted over a driving schedule as set forth in 
subpart B of this part and measured and calculated in accordance with 
those procedures.
    (b) Fuel evaporative emissions from 1990 and later model year light-
duty vehicles shall not exceed (compliance with these standards is 
optional for l990 model year methanol-fueled engines):
    (1) Hydrocarbons (for gasoline-fueled vehicles). 2.0 grams per test.
    (2) Total Hydrocarbon Equivalent (for methanol-fueled vehicles). 2.0 
grams carbon per test.
    (3) The standards set forth in paragraphs (b) (1) and (2) of this 
section refers to a composite sample of the fuel evaporative emissions 
collected under the conditions set forth in subpart B of this part and 
measured in accordance with those procedures.
    (c) No crankcase emissions shall be discharged into the ambient 
atmosphere from any 1990 and later model year Otto-cycle or methanol-
fueled diesel light-duty vehicle.
    (d)-(f) [Reserved]
    (g) Any 1990 and later model year light-duty vehicle that a 
manufacturer wishes to certify for sale shall meet the emission 
standards under both low- and high-altitude conditions as specified in 
Sec. 86.082-2, except as provided in paragraphs (h) and (i) of this 
section. Vehicles shall meet emission standards under both low- and 
high-altitude conditions without manual adjustments or modifications. 
Any emission control device used to meet emission standards under high-
altitude conditions shall initially actuate (automatically) no higher 
than 4,000 feet above sea level.
    (h) The manufacturer may exempt 1990 and later model year vehicles 
from compliance at high altitude with the emission standards set forth 
in paragraphs (a) and (b) of this section if the vehicles are not 
intended for sale at high altitude and if the requirements of paragraphs 
(h) (1) and (2) of this section are met.
    (1) A vehicle configuration shall only be considered eligible for 
exemption under paragraph (h) of this section if the requirements of 
either paragraph (h) (l) (i), (ii), (iii), or (iv) of this section are 
met.
    (i) Its design parameters (displacement-to-weight ratio (D/W) and 
engine speed-to-vehicle-speed ratio (N/V)) fall within the exempted 
range for that manufacturer for that year. The exempted range is 
determined according to the following procedure:
    (A) The manufacturer shall graphically display the D/W and N/V data 
of all vehicle configurations it will offer for the model year in 
question. The axis of the abscissa shall be D/W (where (D) is the engine 
displacement expressed in cubic centimeters and (W) is the equivalent 
vehicle test weight expressed in pounds), and the axis of the ordinate 
shall be N/V (where (N) is the crankshaft speed expressed in revolutions 
per minute and (V) is the vehicle speed expressed in miles per hour). At 
the manufacturer's option, either the 1:1 transmission gear ratio or the 
lowest numerical gear ratio available in the transmission will be used 
to determine N/V. The gear selection must be the same for all N/V data 
points on the manufacturer's graph. For each transmission/axle ratio 
combination, only the lowest N/V value shall be used in the graphical 
display.
    (B) The product line is then defined by the equation, N/V=C(D/
W)-0, where the constant, C, is determined by the requirement 
that all the vehicle data points either fall on the line or lie to

[[Page 355]]

the upper right of the line as displayed on the graphs.
    (C) The exemption line is then defined by the equation, N/V=C(0.84 
D/W)-0.9, where the constant, C is the same as that found in 
paragraph (h)(1)(i)(B) of this section.
    (D) The exempted range includes all values of N/V and D/W which 
simultaneously fall to the lower left of the exemption line as drawn on 
the graph.
    (ii) Its design parameters fall within the alternate exempted range 
for that manufacturer that year. The alternate exempted range is 
determined by substituting rated horsepower (hp) for displacement (D) in 
the exemption procedure described in paragraph (h)(1)(i) of this section 
and by using the product line N/V=C(hp/W)-0.9.
    (A) Rated horsepower shall be determined by using the Society of 
Automotive Engineers Test Procedure J 1349, or any subsequent version of 
that test procedure. Any of the horsepower determinants within that test 
procedure may be used, as long as it is used consistently throughout the 
manufacturer's product line in any model year.
    (B) No exemptions will be allowed under paragraph (h)(1)(ii) of this 
section to any manufacturer that has exempted vehicle configurations as 
set forth in paragraph (h)(1)(i) of this section.
    (iii) Its acceleration time (the time it takes a vehicle to 
accelerate from 0 miles per hour to a speed not less than 40 miles per 
hour and not greater than 50 miles per hour) under high-altitude 
conditions is greater than the largest acceleration time under low-
altitude conditions for that manufacturer for that year. The procedure 
to be followed in making this determination is:
    (A) The manufacturer shall list the vehicle configuration and 
acceleration time under low-altitude conditions of that vehicle 
configuration which has the highest acceleration time under low-altitude 
conditions of all the vehicle configurations it will offer for the model 
year in question. The manufacturer shall also submit a description of 
the methodology used to make this determination.
    (B) The manufacturer shall then list the vehicle configurations and 
acceleration times under high-altitude conditions of all those vehicle 
configurations which have higher acceleration times under high-altitude 
conditions than the highest acceleration time at low altitude identified 
in paragraph (h)(1)(iii)(A) of this section.
    (iv) In lieu of performing the test procedure of paragraphs 
(h)(1)(iii) (A) and (B) of this section, its acceleration time can be 
estimated based on the manufacturer's engineering evaluation, in 
accordance with good engineering practice, to meet the exemption 
criteria of paragraph (h)(1)(iii) of this section.
    (2) A vehicle shall only be considered eligible for exemption under 
this paragraph if at least one configuration of its model type (and 
transmission configuration in the case of vehicles equipped with manual 
transmissions, excluding differences due to the presence of overdrive) 
is certified to meet emission standards under high-altitude conditions 
as specified in paragraph (a) through (g) of this section. The 
Certificate of Conformity (the Certificate) covering any exempted 
configuration(s) will also apply to the corresponding non-exempt 
configuration(s) required under this subparagraph. As a condition to the 
exemption, any suspension, revocation, voiding, or withdrawal of the 
Certificate as it applies to a non-exempt configuration for any reason 
will result in a suspension of the Certificate as it applies to the 
corresponding exempted configuration(s) of that model type, unless there 
is at least one other corresponding non-exempt configuration of the same 
model type still covered by the Certificate. The suspension of the 
Certificate as it applies to the exempted configuration(s) will be 
terminated when any one of the following occurs:
    (i) Another corresponding non-exempt configuration(s) receive(s) 
coverage under the Certificate; or
    (ii) Suspension of the Certificate as it applies to the 
corresponding non-exempt configuration(s) is terminated; or
    (iii) The Agency's action(s), with respect to suspension, 
revocation, voiding or withdrawal of the Certificate as it applies to 
the corresponding non-exempt configuration(s), is reversed.

[[Page 356]]

    (3) The sale of a vehicle for principal use at a designated high-
altitude location that has been exempted as set forth in paragraph (h) 
of this section will be considered a violation of Section 203(a)(1) of 
the Clean Air Act.
    (i)(1) The manufacturers may exempt 1990 and later model year 
vehicles from compliance at low altitude with the emission standards set 
forth in paragraphs (a) and (b) of this section if the vehicles:
    (i) Are not intended for sale at low altitude; and
    (ii) Are equipped with a unique, high-altitude axle ratio (rear-
wheel drive vehicles) or a unique, high-altitude drivetrain (front-wheel 
drive vehicles) with a higher N/V ratio than other configurations of 
that model type which are certified in compliance with the emission 
standards of paragraphs (a) and (b) of this section under low-altitude 
conditions.
    (2) The sale of a vehicle for principal use at low altitude that has 
been exempted as set forth in paragraph (h)(1) of this section will be 
considered a violation of section 203(a)(1) of the Clean Air Act.

[54 FR 14461, Apr. 11, 1989]



Sec. 86.090-27  Special test procedures.

    (a) The Administrator may, on the basis of written application by a 
manufacturer, prescribe test procedures, other than those set forth in 
this part, for any light-duty vehicle, light-duty truck, heavy-duty 
engine, or heavy-duty vehicle which the Administrator determines is not 
susceptible to satisfactory testing by the procedures set forth in this 
part.
    (b) If the manufacturer does not submit a written application for 
use of special test procedures but the Administrator determines that a 
light-duty vehicle, light-duty truck, heavy-duty engine, or heavy-duty 
vehicle is not susceptible to satisfactory testing by the procedures set 
forth in this part, the Administrator shall notify the manufacturer in 
writing and set forth the reasons for such rejection in accordance with 
the provisions of Sec. 86.090-22(c).

[54 FR 14481, Apr. 11, 1989]



Sec. 86.091-2  Definitions.

    The definitions of Sec. 86.090-2 remain effective. The definitions 
listed in this section apply beginning with the 1991 model year.
    Urban bus means a heavy heavy-duty diesel-powered passenger-carrying 
vehicle with a load capacity of fifteen or more passengers and intended 
primarily for intra-city operation, i.e., within the confines of a city 
or greater metropolitan area. Urban bus operation is characterized by 
short rides and frequent stops. To facilitate this type of operation, 
more than one set of quick-operating entrance and exit doors would 
normally be installed. Since fares are usually paid in cash or tokens 
rather than purchased in advance in the form of tickets, urban buses 
would normally have equipment installed for collection of fares. Urban 
buses are also typically characterized by the absence of equipment and 
facilities for long distance travel, e.g., rest rooms, large luggage 
compartments, and facilities for stowing carry-on luggage. The useful 
life for urban buses is the same as the useful life for other heavy 
heavy-duty diesel engines.

[55 FR 30619, July 26, 1990]



Sec. 86.091-7  Maintenance of records; submittal of information; 
right of entry.

    (a) The manufacturer of any new motor vehicle (or new motor vehicle 
engine) subject to any of the standards or procedures prescribed in this 
subpart shall establish, maintain and retain the following adequately 
organized and indexed records.
    (1) General records. (i) The records required to be maintained by 
this paragraph shall consist of:
    (A) Identification and description of all certification vehicles (or 
certification engines) for which testing is required under this subpart.
    (B) A description of all emission control systems which are 
installed on or incorporated in each certification vehicle (or 
certification engine).
    (C) A description of all procedures used to test each such 
certification vehicle (or certification engine).

[[Page 357]]

    (ii) A properly filed application for certification, following the 
format prescribed by the US EPA for the appropriate model year, fulfills 
each of the requirements of this paragraph (a)(1).
    (2) Individual records. (i) A brief history of each motor vehicle 
(or motor vehicle engine) used for certification under this subpart 
including:
    (A) In the case where a current production engine is modified for 
use in a certification vehicle (or as a certification engine), a 
description of the process by which the engine was selected and of the 
modifications made. In the case where the engine for a certification 
vehicle (or certification engine) is not derived from a current 
production engine, a general description of the buildup of the engine 
(e.g., experimental heads were cast and machined according to supplied 
drawings, etc.). In both cases above, a description of the origin and 
selection process for carburetor, distributor, fuel system components, 
fuel injection components, emission control system components, smoke 
exhaust emission control system components, and exhaust aftertreatment 
devices as applicable, shall be included. The required descriptions 
shall specify the steps taken to assure that the certification vehicle 
(or certification engine) with respect to its engine, drivetrain, fuel 
system, emission control system components, exhaust aftertreatment 
devices, smoke exhaust emission control system components, vehicle 
weight or any other devices or components, as applicable, that can 
reasonably be expected to influence exhaust or evaporative emissions, as 
applicable, will be representative of production vehicles (or engines) 
and that either all components and/or vehicles (or engine) construction 
processed, component inspection and selection techniques, and assembly 
techniques employed in constructing such vehicles (or engines) are 
reasonably likely to be implemented for production vehicles (or engines) 
or that they are as closely analogous as practicable to planned 
construction and assembly processed.
    (B) A complete record of all emission tests performed (except tests 
performed by EPA directly), including test results, the date and purpose 
of each test, and the number of miles accumulated on the vehicle (or the 
number of hours accumulated on the engine).
    (C) The date of each mileage (or service) accumulation run, listing 
the mileage (or number of operating hours) accumulated.
    (D) [Reserved]
    (E) A record and description of all maintenance and other servicing 
performed, giving the date of the maintenance or service and the reason 
for it.
    (F) A record and description of each test performed to diagnose 
engine or emission control system performance, giving the date and time 
of the test and the reason for it.
    (G) [Reserved]
    (H) A brief description of any significant events affecting the 
vehicle (or engine) during any time in the period covered by the history 
not described by an entry under one of the previous headings including 
such extraordinary events as vehicle accidents (or accidents involving 
the engine) or dynamometer runaway.
    (ii) Each such history shall be started on the date that the first 
of any of the selection or buildup activities in paragraph (a)(2)(i)(A) 
of this section occurred with respect to the certification vehicle (or 
engine) changes or additional work is done on it, and shall be kept in a 
designated location.
    (3) All records, other than routine emission test records, required 
to be maintained under this subpart shall be retained by the 
manufacturer for a period of six (6) years after issuance of all 
certificates of conformity to which they relate. Routine emission test 
records shall be retained by the manufacturer for a period of one (1) 
year after issuance of all certificates of conformity to which they 
relate. Records may be retained as hard copy or reduced to microfilm, 
ADP diskettes, etc., depending on the record retention procedures of the 
manufacturer; Provided, That in every case all the information contained 
in the hard copy shall be retained.
    (b) The manufacturer of any new motor vehicle (or new motor vehicle 
engine) subject to any of the standards prescribed in this subpart shall 
submit to the Administrator at the time of issuance by the manufacturer 
copies of

[[Page 358]]

all instructions or explanations regarding the use, repair, adjustment, 
maintenance, or testing of such vehicle (or engine) relevant to the 
control of crankcase, exhaust or evaporative emissions, as applicable, 
issued by the manufacturer for use by other manufacturers, assembly 
plants, distributors, dealers, and ultimate purchasers, Provided, That 
any material not translated into the English language need not be 
submitted unless specifically requested by the Administrator.
    (c)(1) The manufacturer (or contractor for the manufacturer, if 
applicable) of any new vehicle or engine that is certified under 
averaging, trading, or banking programs (as applicable) shall establish, 
maintain, and retain the following adequately organized and indexed 
records for each such vehicle or heavy-duty engine produced:
    (i) EPA engine family.
    (ii) Vehicle (or engine) identification number.
    (iii) Vehicle (or engine) model year and build date.
    (iv) BHP rating (heavy-duty engines only).
    (v) Purchaser and destination.
    (vi) Assembly plant.
    (2) The manufacturer (or contractor for the manufacturer, if 
applicable) of any new vehicle or engine family that is certified under 
averaging, trading, or banking programs (as applicable) shall establish, 
maintain, and retain the following adequately organized and indexed 
records for each such family:
    (i) EPA engine family.
    (ii) FEL.
    (iii) BHP conversion factor and the transient test BHP for each 
configuration tested (heavy-duty engines only).
    (iv) Useful life.
    (v) Projected U.S. production volume for the model year.
    (vi) Actual U.S. production volume for the model year.
    (3) The manufacturer (or contractor for the manufacturer, if 
applicable) shall retain all records required to be maintained under 
this section for a period of six years from the due date for the end-of-
model year averaging, trading, and banking reports. Records may be 
retained as hard copy or reduced to microfilm, ADP files, etc., 
depending on the manufacturer's record retention procedure; Provided, 
That in every case all the information contained in the hard copy is 
retained.
    (4) Nothing in this section limits the Administrator's discretion in 
requiring the manufacturer to retain additional records or submit 
information not specifically required by this section.
    (5) Pursuant to a request made by the Administrator, the 
manufacturer shall submit to him the information that is required to be 
retained.
    (6) EPA may void ab initio a certificate of conformity for a vehicle 
or engine family for which the manufacturer fails to retain the records 
required in this section or to provide such information to the 
Administrator upon request.
    (7) Any engine family using NCPs must comply with the provisions 
established in the NCP program provided by 40 CFR part 86, subpart L.
    (8) Any manufacturer, producing an engine family participating in 
trading using reserved credits, shall maintain the following records on 
a quarterly basis for each engine family in the trading subclass:
    (i) The engine family,
    (ii) The averaging set,
    (iii) The actual quarterly and cumulative U.S. production volumes,
    (iv) The value required to calculate credits as given in Sec. 
86.091-15,
    (v) The resulting type [NOX or particulate] and number of 
credits generated/required,
    (vi) How and where credit surpluses are dispersed, and
    (vii) How and through what means credit deficits are met.
    (d)(1) Any manufacturer who has applied for certification of a new 
motor vehicle (or new motor vehicle engine) subject to certification 
test under this subpart shall admit or cause to be admitted any EPA 
Enforcement Officer or any EPA authorized representative during 
operating hours on presentation of credentials to any of the following:
    (i) Any facility where any such tests or any procedures or 
activities connected with such test are or were performed.
    (ii) Any facility where any new motor vehicle (or new motor vehicle 
engine) which is being, was, or is to be tested is present.

[[Page 359]]

    (iii) Any facility where any construction process or assembly 
process used in the modification or build up of such a vehicle (or 
engine) into a certification vehicle (or certification engine) is taking 
place or has taken place.
    (iv) Any facility where any record or other document relating to any 
of the above is located.
    (v) Any facility where any record or other document relating to the 
information specified in paragraph (c) of this section is located.
    (2) Upon admission to any facility referred to in paragraph (d)(1) 
of this section, any EPA Enforcement Officer or any EPA authorized 
representative shall be allowed:
    (i) To inspect and monitor any part or aspect of such procedures, 
activities, and testing facilities, including, but not limited to, 
monitoring vehicle (or engine) preconditioning, emissions tests and 
mileage (or service) accumulation, maintenance, and vehicle soak and 
storage procedures (or engine storage procedures), and to verify 
correlation or calibration of test equipment;
    (ii) To inspect and make copies of any such records, designs, or 
other documents, including those records specified in paragraph (c) of 
this section; and
    (iii) To inspect and/or photograph any part or aspect of any such 
certification vehicle (or certification engine) and any components to be 
used in the construction thereof.
    (3) In order to allow the Administrator to determine whether or not 
production motor vehicles (or production motor vehicle engines) conform 
to the conditions upon which a certificate of conformity has been 
issued, or conform in all material respects to the design specifications 
which applied to those vehicles (or engines) described in the 
application for certification for which a certificate of conformity has 
been issued to standards prescribed under section 202 of the Act, any 
manufacturer shall admit any EPA Enforcement Officer or any EPA 
authorized representative on presentation of credentials to both:
    (i) Any facility where any document, design, or procedure relating 
to the translation of the design and construction of engines and 
emission related components described in the application for 
certification or used for certification testing into production vehicles 
(or production engines) is located or carried on;
    (ii) Any facility where any motor vehicles (or motor vehicle 
engines) to be introduced into commerce are manufactured or assembled; 
and
    (iii) Any facility where records specified in paragraph (c) of this 
section are located.
    (4) On admission to any such facility referred to in paragraph 
(d)(4) of this section, any EPA Enforcement Officer or any EPA 
authorized representative shall be allowed:
    (i) To inspect and monitor any aspects of such manufacture or 
assembly and other procedures;
    (ii) To inspect and make copies of any such records, documents or 
designs;
    (iii) To inspect and photograph any part or aspect of any such new 
motor vehicles (or new motor vehicle engines) and any component used in 
the assembly thereof that are reasonably related to the purpose of his 
entry; and
    (iv) To inspect and make copies of any records and documents 
specified in paragraph (c) of this section.
    (5) Any EPA Enforcement Officer or EPA authorized representative 
shall be furnished by those in charge of a facility being inspected with 
such reasonable assistance as he may request to help him discharge any 
function listed in this paragraph. Each applicant for or recipient of 
certification is required to cause those in charge of a facility 
operated for its benefit to furnish such reasonable assistance without 
charge to EPA whether or not the applicant controls the facility.
    (6) The duty to admit or cause to be admitted any EPA Enforcement 
Officer or EPA authorized representative applies whether or not the 
applicant owns or controls the facility in question and applies both to 
domestic and to foreign manufacturers and facilities. EPA will not 
attempt to make any inspections which it has been informed that local 
law forbids. However, if local law makes it impossible to do what is 
necessary to insure the accuracy of data generated at a facility, no 
informed judgment that a vehicle or engine is

[[Page 360]]

certifiable or is covered by a certificate can properly be based on 
those data. It is the responsibility of the manufacturer to locate its 
testing and manufacturing facilities in jurisdictions where this 
situation will not arise.
    (7) For purposes of this paragraph:
    (i) Presentation of credentials shall mean display of the document 
designating a person as an EPA Enforcement Officer or EPA authorized 
representative.
    (ii) Where vehicle, component, or engine storage areas or facilities 
are concerned, operating hours shall mean all times during which 
personnel other than custodial personnel are at work in the vicinity of 
the area or facility and have access to it.
    (iii) Where facilities or areas other than those covered by 
paragraph (d)(7)(ii) of this section are concerned, operating hours 
shall mean all times during which an assembly line is in operation or 
all times during which testing, maintenance, mileage (or service) 
accumulation, production or compilation of records, or any other 
procedure or activity related to certification testing, to translation 
of designs from the test stage to the production stage, or to vehicle 
(or engine) manufacture or assembly is being carried out in a facility.
    (iv) Reasonable assistance includes, but is not limited to, 
clerical, copying, interpretation and translation services, the making 
available on request of personnel of the facility being inspected during 
their working hours to inform the EPA Enforcement Officer or EPA 
authorized representative of how the facility operates and to answer his 
questions, and the performance on request of emissions tests on any 
vehicle (or engine) which is being, has been, or will be used for 
certification testing. Such tests shall be nondestructive, but may 
require appropriate mileage (or service) accumulation. A manufacturer 
may be compelled to cause the personal appearance of any employee at 
such a facility before an EPA Enforcement Officer or EPA authorized 
representative by written request for his appearance, signed by the 
Assistant Administrator for Air and Radiation, served on the 
manufacturer. Any such employee who has been instructed by the 
manufacturer to appear will be entitled to be accompanied, represented, 
and advised by counsel.
    (v) Any entry without 24 hour prior written or oral notification to 
the affected manufacturer shall be authorized in writing by the 
Assistant Administrator for Air and Radiation.
    (8) EPA may void ab initio a certificate of conformity for vehicle 
or engine families introduced into commerce if the manufacturer (or 
contractor for the manufacturer, if applicable) fails to comply with any 
provision of this section.
    (e) EPA Enforcement Officers or EPA authorized representatives are 
authorized to seek a warrant or court order authorizing the EPA 
Enforcement Officers or EPA authorized representatives to conduct 
activities related to entry and access as authorized in this section, as 
appropriate, to execute the functions specified in this section. EPA 
Enforcement Officers or EPA authorized representatives may proceed ex 
parte to obtain a warrant whether or not the Enforcement Officers first 
attempted to seek permission of the manufacturer or the party in charge 
of the facilities in question to conduct activities related to entry and 
access as authorized in this section.
    (f) A manufacturer shall permit EPA Enforcement Officers or EPA 
authorized representatives who present a warrant or court order as 
described in paragraph (e) of this section to conduct activities related 
to entry and access as authorized in this section and as described in 
the warrant or court order. The manufacturer shall cause those in charge 
of its facility or facility operated for its benefit to permit EPA 
Enforcement Officers or EPA authorized representatives to conduct 
activities related to entry and access as authorized in this section 
pursuant to a warrant or court order whether or not the manufacturer 
controls the facility. In the absence of such a warrant or court order, 
EPA Enforcement Officers or EPA authorized representatives may conduct 
activities related to entry and access as authorized in this section 
only upon the consent of the manufacturer or the party in charge of the 
facilities in question.

[[Page 361]]

    (g) It is not a violation of this part or the Clean Air Act for any 
person to refuse to permit EPA Enforcement Officers or EPA authorized 
representatives to conduct activities related to entry and access as 
authorized in this section without a warrant or court order.

[55 FR 30619, July 26, 1990]



Sec. 86.091-10  Emission standards for 1991 and later model year 
Otto-cycle heavy-duty engines and vehicles.

    (a)(1) Exhaust emissions from new 1991 and later model year Otto-
cycle heavy-duty engines shall not exceed (compliance with these 
standards is optional through the 1996 model year natural gas- and 
liquefied petroleum gas-fueled heavy-duty engines):
    (i) For Otto-cycle heavy-duty engines fueled with either gasoline or 
liquefied petroleum gas, and intended for use in all vehicles except as 
provided in paragraph (a)(3) of this paragraph.
    (A) Hydrocarbons. 1.1 grams per brake horsepower-hour (0.41 gram per 
megajoule), as measured under transient operating conditions.
    (B) Carbon monoxide. (1) 14.4 grams per brake horsepower-hour (5.36 
grams per megajoule), as measured under transient operating conditions.
    (2) For Otto-cycle heavy-duty engines fueled with either gasoline or 
liquefied petroleum gas and utilizing aftertreatment technology. 0.50 
percent of exhaust gas flow at curb idle.
    (C) Oxides of nitrogen. (1) 5.0 grams per brake horsepower-hour (1.9 
grams per megajoule), as measured under transient operating conditions.
    (2) A manufacturer may elect to include any or all of its gasoline-
fueled Otto-cycle heavy duty engine families in any or all of the 
NOX averaging, trading, or banking programs for heavy-duty 
engines, within the restrictions described in Sec. 86.091-15. If the 
manufacturer elects to include engine families in any of these programs, 
the NOX FELs may not exceed 6.0 grams per brake horsepower-
hour (2.2 grams per megajoule). This ceiling value applies whether 
credits for the family are derived from averaging, trading, or banking 
programs.
    (3) A manufacturer may elect to include any or all of its liquefied 
petroleum gas-fueled Otto-cycle heavy-duty engine families in any or all 
of the NOX averaging, trading, or banking programs for heavy-
duty engines, within the restrictions described in Sec. 86.091-15. If 
the manufacturer elects to include engine families in any of these 
programs, the NOX FELs may not exceed 6.0 grams per brake 
horsepower-hour (2.2 grams per megajoule). This ceiling value applies 
whether credits for the family are derived from averaging, trading or 
banking programs.
    (ii) For Otto-cycle heavy-duty engines fueled with either gasoline 
or liquefied petroleum gas, and intended for use only in vehicles with a 
Gross Vehicle Weight Rating of greater than 14,000 lbs.
    (A) Hydrocarbons. 1.9 grams per brake horsepower-hour (0.71 gram per 
megajoule), as measured under transient operating conditions.
    (B) Carbon monoxide. (1) 37.1 grams per brake horsepower-hour (13.8 
grams per megajoule), as measured under transient operating conditions.
    (2) For Otto-cycle heavy-duty engines fueled with either gasoline or 
liquefied petroleum gas and utilizing aftertreatment technology. 0.50 
percent of exhaust gas flow at curb idle.
    (C) Oxides of nitrogen. (1) 5.0 grams per brake horsepower-hour (1.9 
grams per megajoule), as measured under transient operating conditions.
    (2) A manufacturer may elect to include any or all of its gasoline-
fueled Otto-cycle heavy-duty engine families in any or all of the 
NOX averaging, trading, or banking programs for heavy-duty 
engines, within the restrictions described in Sec. 86.091-15. If the 
manufacturer elects to include engine families in any of these programs, 
the NOX FELs may not exceed 6.0 grams per brake horsepower-
hour (2.2 grams per megajoule). This ceiling value applies whether 
credits for the family are derived from averaging, trading or banking 
programs.
    (3) A manufacturer may elect to include any or all of its liquefied 
petroleum gas-fueled Otto-cycle heavy-duty engine families in any or all 
of the NOX averaging, trading or banking programs for heavy-
duty engines, within

[[Page 362]]

the restrictions described in Sec. 86.091-15. If the manufacturer 
elects to include engine families in any of these programs, the 
NOX FELs may not exceed 6.0 grams per brake horsepower-hour 
(2.2 grams per megajoule). This ceiling value applies whether credits 
for the family are derived from averaging, trading or banking programs.
    (iii) For methanol-fueled Otto-cycle heavy-duty engines intended for 
use in all vehicles, except as provided in paragraph (a)(3) of this 
section.
    (A) Total Hydrocarbon Equivalent. 1.1 gram per brake horsepower-hour 
(0.41 gram per megajoule), as measured under transient operating 
conditions.
    (B) Carbon monoxide. (1) 14.4 grams per brake horsepower-hour (5.36 
grams per megajoule), as measured under transient operating conditions.
    (2) 0.50 percent of exhaust gas flow at curb idle.
    (C) Oxides of nitrogen. (1) 5.0 grams per brake horsepower-hour (1.9 
grams per megajoule), as measured under transient operating conditions.
    (2) A manufacturer may elect to include any or all of its methanol-
fueled Otto-cycle heavy-duty engine families in any or all of the 
NOX averaging, trading, or banking programs for heavy-duty 
engines, within the restrictions described in Sec. 86.091-15. If the 
manufacturer elects to include engine families in any of these programs, 
the NOX FELs may not exceed 6.0 grams per brake horsepower-
hour (2.2 grams per megajoule). This ceiling value applies whether 
credits for the family are derived from averaging, trading or banking 
programs.
    (iv) For methanol-fueled Otto-cycle heavy-duty engines intended for 
use only in vehicles with a Gross Vehicle Weight Rating of greater than 
14,000 lbs.
    (A) Total Hydrocarbon Equivalent. 1.9 grams per brake horsepower-
hour (0.71 gram per megajoule), as measured under transient operating 
conditions.
    (B) Carbon monoxide. (1) 37.1 grams per brake horsepower-hour (13.8 
grams per megajoule), as measured under transient operating conditions.
    (2) 0.50 percent of exhaust gas flow at curb idle.
    (C) Oxides of nitrogen. (1) 5.0 grams per brake horsepower-hour (1.9 
grams per megajoule), as measured under transient operating conditions.
    (2) A manufacturer may elect to include any or all of its methanol-
fueled Otto-cycle heavy-duty engine families in any or all of the 
NOX averaging, trading, or banking programs for heavy-duty 
engines, within the restrictions described in Sec. 86.091-15. If the 
manufacturer elects to include engine families in any of these programs, 
the NOX FELs may not exceed 6.0 grams per brake horsepower-
hour (2.2 grams per megajoule). This ceiling value applies whether 
credits for the family are derived from averaging, trading or banking 
programs.
    (v) For natural gas-fueled Otto-cycle heavy-duty engines intended 
for use in all vehicles except as provided in paragraph (a)(3) of this 
section.
    (A) Nonmethane hydrocarbons. 0.9 gram per brake horsepower-hour 
(0.33 gram per megajoule), as measured under transient operating 
conditions.
    (B) Carbon monoxide. (1) 14.4 grams per brake horsepower-hour (5.36 
grams per megajoule), as measured under transient operating conditions.
    (2) For natural gas-fueled Otto-cycle heavy-duty engines utilizing 
aftertreatment technology. 0.50 percent of exhaust flow at curb idle.
    (C) Oxides of nitrogen. (1) 5.0 grams per brake horsepower-hour (1.9 
grams per megajoule), as measured under transient operating conditions.
    (2) A manufacturer may elect to include any or all of its natural 
gas-fueled Otto-cycle heavy-duty engine families in any or all of the 
NOX averaging, trading or banking programs for heavy-duty 
engines, within the restrictions described in Sec. 86.091-15. If the 
manufacturer elects to include engine families in any of these programs, 
the NOX FELs may not exceed 6.0 grams per brake horsepower-
hour (2.2 grams per megajoule). This ceiling value applies whether 
credits for the family are derived from averaging, trading or banking 
programs.
    (vi) For natural gas-fueled Otto-cycle engines intended for use only 
in vehicles with a Gross Vehicle Weight Rating of greater than 14,000 
lbs.
    (A) Nonmethane hydrocarbons. 1.7 grams per brake horsepower-hour 
(0.63

[[Page 363]]

gram per megajoule), as measured under transient operating conditions.
    (B) Carbon monoxide. (1) 37.1 grams per brake horsepower-hour (13.8 
grams per megajoule), as measured under transient operating conditions.
    (2) For natural gas-fueled Otto-cycle heavy-duty engines utilizing 
aftertreatment technology. 0.50 percent of exhaust gas flow at curb 
idle.
    (C) Oxides of nitrogen. (1) 5.0 grams per brake horsepower-hour (1.9 
grams per megajoule), as measured under transient operating conditions.
    (2) A manufacturer may elect to include any or all of its natural 
gas-fueled Otto-cycle heavy-duty engine families in any or all of the 
NOX averaging, trading or banking programs for heavy-duty 
engines, within the restrictions described in Sec. 86.091-15. If the 
manufacturer elects to include engine families in any of these programs, 
the NOX FELs may not exceed 6.0 grams per brake horsepower-
hour (2.2 grams per megajoule). This ceiling value applies whether 
credits for the family are derived from averaging, trading or banking 
programs.
    (2) The standards set forth in paragraph (a)(1) of this section 
refer to the exhaust emitted over the operating schedule set forth in 
paragraph (f)(1) of appendix I to this part, and measured and calculated 
in accordance with the procedures set forth in subpart N or P.
    (3)(i) A manufacturer may certify one or more Otto-cycle heavy-duty 
engine configurations intended for use in all vehicles to the emission 
standards set forth in paragraphs (a)(1)(ii), (a)(1)(iv) or (a)(1)(vi) 
of this section: Provided, that the total model year sales of such 
configuration(s), segregated by fuel type, being certified to the 
emission standards in paragraph (a)(1)(ii) of this section represent no 
more than five percent of total model year sales of each fuel type Otto-
cycle heavy-duty engine intended for use in vehicles with a Gross 
Vehicle Weight Rating of up to 14,000 pounds by the manufacturer.
    (ii) The configurations certified to the emission standards of 
paragraphs (a)(1) (ii), (iv) and (vi) of this section under the 
provisions of paragraph (a)(3)(i) of this section shall still be 
required to meet the evaporative emission standards set forth in 
paragraphs (b)(1)(i), (b)(2)(i) and (b)(3)(i) of this section.
    (b) Evaporative emissions from 1991 and later model year heavy-duty 
vehicles shall not exceed:
    (1) Hydrocarbons (for vehicles equipped with gasoline-fueled 
engines). (i) For vehicles with a Gross Vehicle Weight Rating of up to 
14,000 lbs, 3.0 grams per test.
    (ii) For vehicles with a Gross Vehicle Weight Rating of greater than 
14,000 lbs, 4.0 grams per test.
    (2) Total Hydrocarbon Equivalent (for vehicles equipped with 
methanol-fueled engines). (i) For vehicles with a Gross Vehicle Weight 
Rating of up to 14,000 lbs, 3.0 grams per test.
    (ii) For vehicles with a Gross Vehicle Weight Rating of greater than 
14,000 lbs, 4.0 grams per test.
    (3)(i) For vehicles with a Gross Vehicle Weight Rating of up to 
26,000 lbs, the standards set forth in paragraphs (b)(1) and (b)(2) of 
this section refer to a composite sample of evaporative emissions 
collected under the conditions set forth in subpart M and measured in 
accordance with those procedures.
    (ii) For vehicles with a Gross Vehicle Weight Rating of greater than 
26,000 lbs., the standards set forth in paragraphs (b)(1)(ii) and 
(b)(2)(ii) of this section refer to the manufacturer's engineering 
design evaluation using good engineering practice (a statement of which 
is required in Sec. 86.091-23(b)(4)(ii)).
    (c) No crankcase emissions shall be discharged into the ambient 
atmosphere from any new 1991 or later model year Otto-cycle heavy-duty 
engine.
    (d) Every manufacturer of new motor vehicle engines subject to the 
standards prescribed in this section shall, prior to taking any of the 
actions specified in section 203(a)(1) of the Act, test or cause to be 
tested motor vehicle engines in accordance with applicable procedures in 
subpart N or P of this part to ascertain that such test engines meet the 
requirements of paragraphs (a) and (c) of this section.

(Secs. 202, 203, 206, 207, 208, 301a, Clean Air Act, as amended; 42 
U.S.C. 7521, 7522, 7525, 7541, 7542, 7601a)

[50 FR 10652, Mar. 15, 1985, as amended at 54 FR 14464, Apr. 11, 1989; 
55 FR 30622, July 26, 1990; 59 FR 48492, Sept. 21, 1994]

[[Page 364]]



Sec. 86.091-29  Testing by the Administrator.

    (a)(1) Paragraph (a) of this section applies to light-duty vehicles 
and light-duty trucks.
    (2) The Administrator may require that any one or more of the test 
vehicles be submitted to him, at such place or places as he may 
designate, for the purposes of conducting emissions tests. The 
Administrator may specify that he will conduct such testing at the 
manufacturer's facility, in which case instrumentation and equipment 
specified by the Administrator shall be made available by the 
manufacturer for test operations. Any testing conducted at a 
manufacturer's facility pursuant to this paragraph shall be scheduled by 
the manufacturer as promptly as possible.
    (3)(i) Whenever the Administrator conducts a test segment on a test 
vehicle, the results of that test segment, unless subsequently 
invalidated by the Administrator, shall comprise the official data for 
that test segment for the vehicle at the prescribed test point and the 
manufacturer's data for that test segment for that prescribed test point 
shall not be used in determining compliance with emission standards (or 
family emission limits, as appropriate). The Administrator may stop a 
test after any evaporative test segment and use as official data any 
valid results obtained up to that point in the test, as described in 
subpart B of this part.
    (ii) Whenever the Administrator does not conduct a test on a test 
vehicle at a test point, the manufacturer's test data will be accepted 
as the official data for that point: Provided, That if the Administrator 
makes a determination based on testing under paragraph (a)(2) of this 
section, that there is a lack of correlation between the manufacturer's 
test equipment and the test equipment used by the Administrator, no 
manufacturer's test data will be accepted for purposes of certification 
until the reasons for the lack of correlation are determined and the 
validity of the data is established by the manufacturer, And further 
provided, That if the Administrator has reasonable basis to believe that 
any test data submitted by the manufacturer is not accurate or has been 
obtained in violation of any provisions of this part, the Administrator 
may refuse to accept that data as the official data pending retesting or 
submission or further information. If the manufacturer conducts more 
than one test on a vehicle, as authorized under Sec. 86.084-26 
(a)(3)(i)(A) or (b)(4)(i)(A), the data from the last test in that series 
of tests on that vehicle, will constitute the official data.
    (iii)(A)(1) The Administrator may adjust or cause to be adjusted any 
adjustable parameter of an emission-data vehicle or engine which the 
Administrator has determined to be subject to adjustment for 
certification and Selective Enforcement Audit testing in accordance with 
Sec. 86.085-22(e)(1), to any setting within the physically adjustable 
range of that parameter, as determined by the Administrator in 
accordance with Sec. 86.085-22(e)(3)(i), prior to the performance of 
any tests to determine whether such vehicle or engine conforms to 
applicable emission standards, including tests performed by the 
manufacturer under Sec. 86.091-23(c)(1). However, if the idle speed 
parameter is one which the Administrator has determined to be subject to 
adjustment, the Administrator shall not adjust it to a setting which 
causes a higher engine idle speed than would have been possible within 
the physically adjustable range of the idle speed parameter on the 
engine before it accumulated any dynamometer service, all other 
parameters being identically adjusted for the purpose of the comparison. 
The Administrator, in making or specifying such adjustments, will 
consider the effect of the deviation from the manufacturer's recommended 
setting on emissions performance characteristics as well as the 
likelihood that similar settings will occur on in-use light-duty 
vehicles or light-duty trucks. In determining likelihood, the 
Administrator will consider factors such as, but not limited to, the 
effect of the adjustment on vehicle performance characteristics and 
surveillance information from similar in-use vehicles.
    (2) For those vehicles or engine parameters which the Administrator 
has not determined to be subject to adjustment during certification and 
Selective

[[Page 365]]

Enforcement Audit testing in accordance with Sec. 86.085-22(e)(1), the 
emission-data vehicle presented to the Administrator for testing shall 
be calibrated within the production tolerances applicable to the 
manufacturer's specifications to be shown on the vehicle label (see 
Sec. 86.091-35 (a)(1)(iii)(D) or (a)(2)(iii)(D)) as specified in the 
application for certification. If the Administrator determines that a 
vehicle is not within such tolerances, the vehicle will be adjusted, at 
the facility designated by the Administrator, prior to the test and an 
engineering report shall be submitted to the Administrator describing 
the corrective action taken. Based on the engineering report, the 
Administrator will determine if the vehicle will be used as an emission-
data vehicle.
    (B) If the Administrator determines that the test data developed on 
an emission-data vehicle under paragraph (a)(3)(i) of this section would 
cause that vehicle to fail due to excessive 4,000-mile emissions or by 
application of the appropriate deterioration factor, then the following 
procedure shall be observed:
    (1) The manufacturer may request a retest. Before the retest, those 
vehicle or engine parameters which the Administrator has not determined 
to be subject to adjustment for certification and Selective Enforcement 
Audit testing in accordance with Sec. 86.085-22(e)(1) may be readjusted 
to manufacturer's specification, if these adjustments were made 
incorrectly prior to the first test. The Administrator may adjust or 
cause to be adjusted any parameter which the Administrator has 
determined to be subject to adjustment to any setting within the 
physically adjustable range of that parameter, as determined by the 
Administrator in accordance with Sec. 86.085-22(e)(3)(i). Other 
maintenance or repairs may be performed in accordance with Sec. 86.088-
25. All work on the vehicle shall be done at such location and under 
such conditions as the Administrator may prescribe.
    (2) The vehicle will be retested by the Administrator and the 
results of this test shall comprise the official data for the emission-
data vehicle.
    (iv) If sufficient durability data are not available at the time of 
any emission test conducted under paragraph (a)(2) of this section to 
enable the Administrator to determine whether an emission-data vehicle 
would fail, the manufacturer may request a retest in accordance with the 
provisions of paragraphs (a)(3)(iii) (A) and (B) of this section. If the 
manufacturer does not promptly make such request, he shall be deemed to 
have waived the right to a retest. A request for retest must be made 
before the manufacturer removes the vehicle from the test premises.
    (b)(1) Paragraph (b) of this section applies to heavy-duty engines.
    (2) The Administrator may require that any one or more of the test 
engines be submitted to him, at such place or places as he may 
designate, for the purpose of conducting emissions tests. The 
Administrator may specify that he will conduct such testing at the 
manufacturer's facility, in which case instrumentation and equipment 
specified by the Administrator shall be made available by the 
manufacturer for test operations. Any testing conducted at a 
manufacturer's facility pursuant to this paragraph shall be scheduled by 
the manufacturer as promptly as possible.
    (3)(i) Whenever the Administrator conducts a test on a test engine 
the results of that test, unless subsequently invalidated by the 
Administrator, shall comprise the official data for the engine at that 
prescribed test point and the manufacturer's data for that prescribed 
test point shall not be used in determining compliance with emission 
standards (or family emission limits, as appropriate).
    (ii) Whenever the Administrator does not conduct a test on a test 
engine at a test point, the manufacturer's test data will be accepted as 
the official data for that test point: Provided, That if the 
Administrator makes a determination based on testing under paragraph 
(b)(2) of this section, that there is a lack of correlation between the 
manufacturer's test equipment and the test equipment used by the 
Administrator, no manufacturer's test data will be accepted for purposes 
of certification until the reasons for the lack of correlation are 
determined and the validity of the data is established by the 
manufacturer, And further provided,

[[Page 366]]

That if the Administrator has reasonable basis to believe that any test 
data submitted by the manufacturer is not accurate or has been obtained 
in violation of any provision of this part, the Administrator may refuse 
to accept that data as the official data pending retesting or submission 
of further information.
    (iii)(A)(1) The Administrator may adjust or cause to be adjusted any 
adjustable parameter of an emission-data engine which the Administrator 
has determined to be subject to adjustment for certification testing in 
accordance with Sec. 86.085-22(e)(1), to any setting within the 
physically adjustable range of that parameter, as determined by the 
Administrator in accordance with Sec. 86.085-22(e)(3)(i), prior to the 
performance of any tests to determine whether such engine conforms to 
applicable emission standards, including tests performed by the 
manufacturer under Sec. 86.088-23(c)(2). The Administrator, in making 
or specifying such adjustments, may consider the effect of the deviation 
from the manufacturer's recommended setting on emissions performance 
characteristics as well as the likelihood that similar settings will 
occur on in-use heavy-duty engines. In determining likelihood, the 
Administrator may consider factors such as, but not limited to, the 
effect of the adjustment on engine performance characteristics and 
surveillance information from similar in-use engines.
    (2) For those engine parameters which the Administrator has not 
determined to be subject to adjustment for certification testing in 
accordance with Sec. 86.085-22(e)(1), the emission-data engine 
presented to the Administrator for testing shall be calibrated within 
the production tolerances applicable to the manufacturer's 
specifications to be shown on the engine label (see Sec. 86.091-
35(a)(3)(iii)) as specified in the application for certification. If the 
Administrator determines that an engine is not within such tolerances, 
the engine shall be adjusted at the facility designated by the 
Administrator prior to the test and an engineering report shall be 
submitted to the Administrator describing the corrective action taken. 
Based on the engineering report, the Administrator will determine if the 
engine shall be used as an emission-data engine.
    (B) If the Administrator determines that the test data developed 
under paragraph (b)(3)(iii)(A) of this section would cause the emission-
data engine to fail due to excessive 125-hour emission values or by the 
application of the appropriate deterioration factor, then the following 
procedure shall be observed:
    (1) The manufacturer may request a retest. Before the retest, those 
engine parameters which the Administrator has not determined to be 
subject to adjustment for certification testing in accordance with Sec. 
86.085-22(e)(1) may be readjusted to the manufacturer's specifications, 
if these adjustments were made incorrectly prior to the first test. The 
Administrator may adjust or cause to be adjusted any parameter which the 
Administrator has determined to be subject to adjustment in accordance 
with Sec. 86.085-22(e)(3)(i). However, if the idle speed parameter is 
one which the Administrator has determined to be subject to adjustment, 
the Administrator shall not adjust it to a setting which causes a higher 
engine idle speed than would have been possible within the physically 
adjustable range of the idle speed parameter on the engine before it 
accumulated any dynamometer service, all other parameters being 
identically adjusted for the purpose of the comparison. Other 
maintenance or repairs may be performed in accordance with Sec. 86.088-
25. All work on the vehicle shall be done at such location and under 
such conditions as the Administrator may prescribe.
    (2) The engine will be retested by the Administrator and the results 
of this test shall comprise the official data for the emission-data 
engine.
    (iv) If sufficient durability data are not available at the time of 
any emission test conducted under paragraph (b)(2) of this section to 
enable the Administrator to determine whether an emission-data engine 
would fail, the manufacturer may request a retest in accordance with the 
provisions of paragraph (b)(3)(iii)(B) (1) and (2) of this section. If 
the manufacturer does not promptly make such request, he shall be deemed 
to have waived the right to a retest. A request for retest must be

[[Page 367]]

made before the manufacturer removes the engine from the test premises.
    (c)(1) Paragraph (c) of this section applies to gasoline-fueled and 
methanol-fueled heavy-duty vehicles.
    (2) The Administrator may require that any one or more of the 
evaporative emission family-system combinations included in the 
manufacturer's statement(s) of compliance be installed on an appropriate 
vehicle and such vehicle be submitted to him, at such place or places as 
he may designate, for the purpose of conducting emissions tests. The 
Administrator may specify that he will conduct such testing at the 
manufacturer's facility, in which case instrumentation and equipment 
specified by the Administrator shall be made available by the 
manufacturer for test operations. Any testing conducted at a 
manufacturer's facility pursuant to this paragraph shall be scheduled by 
the manufacturer as promptly as possible.
    (3)(i) Whenever the Administrator conducts a test segment on an 
evaporative emission family-system combination, the results of that test 
segment, unless subsequently invalidated by the Administrator, shall 
comprise the official data for that test segment for the evaporative 
emission family-system combination, and the manufacturer's data, 
analyses, etc., for that test segment shall not be used in determining 
compliance with emission standards. The Administrator may stop a test 
after any evaporative test segment and use as official data any valid 
results obtained up to that point in the test, as described in subpart B 
of this part.
    (ii) Whenever the Administrator does not conduct a test on an 
evaporative emission family-system combination, the manufacturer's test 
data will be accepted as the official data: Provided, That if the 
Administrator makes a determination, based on testing under paragraph 
(c)(2) of this section, that there is a lack of correlation between the 
manufacturer's test equipment and the test equipment used by the 
Administrator, no manufacturer's test data will be accepted for purposes 
of certification until the reasons for the lack of correlation are 
determined and the validity of the data is established by the 
manufacturer, And further provided, That if the Administrator has 
reasonable basis to believe that any test data, analyses, or other 
information submitted by the manufacturer is not accurate or has been 
obtained in violation of any provision of this part, the Administrator 
may refuse to accept those data, analyses, etc., as the official data 
pending retesting or submission of further information.

(Secs. 202, 203, 206, 207, 208, 301a, Clean Air Act, as amended; 42 
U.S.C. 7521, 7522, 7525, 7541, 7542, 7601a)

[50 FR 10675, Mar. 15, 1985, as amended at 54 FR 14488, Apr. 11, 1989; 
58 FR 16020, Mar. 24, 1993]



Sec. 86.092-2  Definitions.

    The definitions of Sec. 86.091-2 remain effective. The definitions 
listed in this section apply beginning with the 1992 model year.
    (a) Proven emission control systems are emission control components 
or systems (and fuel metering systems) that have completed full 
durability testing evaluation over a vehicle's useful life in some other 
certified engine family, or have completed bench or road testing 
demonstrated to be equal or more severe than certification mileage 
accumulation requirements. Alternatively, proven components or systems 
are those that are determined by EPA to be of comparable functional 
quality and manufactured using comparable materials and production 
techniques as components or systems which have been durability 
demonstrated in some other certified engine family. In addition, the 
components or systems must be employed in an operating environment 
(e.g., temperature, exhaust flow, etc.,) similar to that experienced by 
the original or comparable components or systems in the original 
certified engine family.
    (b) Unproven emission control systems are emission control 
components or systems (and fuel metering systems) that do not qualify as 
proven emission control systems.
    (c) Similar systems are engine, fuel metering and emission control 
system combinations which use the same fuel (e.g., gasoline, diesel, 
etc.), combustion cycle (i.e., two or four stroke), general type of fuel 
system (i.e., carburetor or

[[Page 368]]

fuel injection), catalyst system (e.g., none, oxidization, three-way 
plus oxidization, three-way only, etc.), fuel control system (i.e., 
feedback or non-feedback), secondary air system (i.e., equipped or not 
equipped) and EGR (i.e., equipped or not equipped).
    (d) Conveniently available service facility and spare parts for 
small-volume manufacturers means that the vehicle manufacturer has a 
qualified service facility at or near the authorized point of sale or 
delivery of its vehicles and maintains an inventory of all emission-
related spare parts or has made arrangements for the part manufacturers 
to supply the parts by expedited shipment (e.g., utilizing overnight 
express delivery service, UPS, etc.).

[55 FR 7187, Feb. 28, 1990]



Sec. 86.093-2  Definitions.

    The definitions of Sec. 86.092-2 continue to apply. The definitions 
listed in this section apply beginning with the 1993 model year.
    Bus means a heavy heavy-duty diesel-powered passenger-carrying 
vehicle with a load capacity of fifteen or more passengers that is 
centrally fueled, and all urban buses. This definition only applies in 
the context of Sec. Sec. 86.093-11 and 86.093-35.
    Centrally fueled bus means a bus that is refueled at least 75 
percent of the time at one refueling facility that is owned, operated, 
or controlled by the bus operator.
    Urban bus means a passenger-carrying vehicle powered by a heavy 
heavy-duty diesel engine, or of a type normally powered by a heavy 
heavy-duty diesel engine, with a load capacity of fifteen or more 
passengers and intended primarily for intracity operation, i.e., within 
the confines of a city or greater metropolitan area. Urban bus operation 
is characterized by short rides and frequent stops. To facilitate this 
type of operation, more than one set of quick-operating entrance and 
exit doors would normally be installed. Since fares are usually paid in 
cash or tokens, rather than purchased in advance in the form of tickets, 
urban buses would normally have equipment installed for collection of 
fares. Urban buses are also typically characterized by the absence of 
equipment and facilities for long distance travel, e.g., rest rooms, 
large luggage compartments, and facilities for stowing carry-on luggage. 
The useful life for urban buses is the same as the useful life for other 
heavy heavy-duty diesel engines.

[58 FR 15795, Mar. 24, 1993]



Sec. 86.094-1  General applicability.

    (a) The provisions of this subpart generally apply to 1994 and later 
model year new Otto-cycle and diesel-cycle light-duty vehicles, 1994 and 
later model year new Otto-cycle and diesel-cycle light-duty trucks, and 
1994 and later model year new Otto-cycle and diesel-cycle heavy-duty 
engines. In cases where a provision applies only to a certain vehicle 
group based on its model year, vehicle class, motor fuel, engine type, 
or other distinguishing characteristics, the limited applicability is 
cited in the appropriate section or paragraph.
    (b) Optional applicability. A manufacturer may request to certify 
any heavy-duty vehicle of 10,000 pounds Gross Vehicle Weight Rating or 
less in accordance with the light-duty truck provisions. Heavy-duty 
engine or vehicle provisions do not apply to such a vehicle.
    (c)-(d) [Reserved]
    (e) Small volume manufacturers. Special certification procedures are 
available for any manufacturer whose projected combined U.S. sales of 
light-duty vehicles, light-duty trucks, heavy-duty vehicles, and heavy-
duty engines in its product line (including all vehicles and engines 
imported under the provisions of Sec. Sec. 85.1505 and 85.1509 of this 
chapter are fewer than 10,000 units for the model year in which the 
manufacturer seeks certification. To certify its product line under 
these optional procedures, the small-volume manufacturer must first 
obtain the Administrator's approval. The manufacturer must meet the 
eligibility criteria specified in Sec. 86.092-14(b) before the 
Administrator's approval will be granted. The small-volume 
manufacturer's certification procedures are described in Sec. 86.092-
14.
    (f) Optional procedures for determining exhaust opacity. (1) The 
provisions of subpart I of this part apply to tests

[[Page 369]]

which are performed by the Administrator, and optionally, by the 
manufacturer.
    (2) Measurement procedures, other than that described in subpart I 
of this part, may be used by the manufacturer provided the manufacturer 
satisfies the requirements of Sec. 86.091-23(f).
    (3) When a manufacturer chooses to use an alternative measurement 
procedure it has the responsibility to determine whether the results 
obtained by the procedure will correlate with the results which would be 
obtained from the measurement procedure in subpart I of this part. 
Consequently, the Administrator will not routinely approve or disapprove 
any alternative opacity measurement procedure or any associated 
correlation data which the manufacturer elects to use to satisfy the 
data requirements for subpart I of this part.
    (4) If a confirmatory test(s) is performed and the results indicate 
there is a systematic problem suggesting that the data generated under 
an optional alternative measurement procedure do not adequately 
correlate with data obtained in accordance with the procedures described 
in subpart I of this part, EPA may require that all certificates of 
conformity not already issued be based on data obtained from procedures 
described in subpart I of this part.

[58 FR 4002, Jan. 12, 1993]



Sec. 86.094-2  Definitions.

    The definitions of Sec. 86.093-2 remain effective. The definitions 
listed in this section are effective beginning with the 1994 model year.
    Adjusted Loaded Vehicle Weight means the numerical average of 
vehicle curb weight and GVWR.
    Bi-directional control means the capability of a diagnostic tool to 
send messages on the data bus that temporarily overrides the module's 
control over a sensor or actuator and gives control to the diagnostic 
tool operator. Bi-directional controls do not create permanent changes 
to engine or component calibrations.
    Data stream information means information (i.e., messages and 
parameters) originated within the vehicle by a module or intelligent 
sensors (i.e., a sensor that contains and is controlled by its own 
module) and transmitted between a network of modules and/or intelligent 
sensors connected in parallel with either one or two communication 
wires. The information is broadcast over the communication wires for use 
by other modules (e.g., chassis, transmission, etc.) to conduct normal 
vehicle operation or for use by diagnostic tools. Data stream 
information does not include engine calibration related information.
    Defeat device means an auxilary emission control device (AECD) that 
reduces the effectiveness of the emission control system under 
conditions which may reasonably be expected to be encountered in normal 
vehicle operation and use, unless:
    (1) Such conditions are substantially included in the Federal 
emission test procedure;
    (2) The need for the AECD is justified in terms of protecting the 
vehicle against damage or accident; or
    (3) The AECD does not go beyond the requirements of engine starting.
    Durability useful life means the highest useful life mileage out of 
the set of all useful life mileages that apply to a given vehicle. The 
durability useful life determines the duration of service accumulation 
on a durability data vehicle. The determination of durability useful 
life shall reflect any alternative useful life mileages approved by the 
Administrator under Sec. 86.094-21(f). The determination of durability 
useful life shall exclude any standard and related useful life mileage 
for which the manufacturer has obtained a waiver of emission data 
submission requirements under Sec. 86.094-23(c)
    Element of design means any control system (i.e., computer software, 
electronic control system, emission control system, computer logic), 
and/or control system calibrations, and/or the results of systems 
interaction, and/or hardware items on a motor vehicle or motor vehicle 
engine.
    Engine warm-up cycle means sufficient vehicle operation such that 
the coolant temperature has risen by at least 40 [deg]F from engine 
starting and reaches a minimum temperature of 160 [deg]F.

[[Page 370]]

    Enhanced service and repair information means information which is 
specific for an original equipment manufacturer's brand of tools and 
equipment.
    Equivalent test weight means the weight, within an inertia weight 
class, which is used in the dynamometer testing of a vehicle and which 
is based on its loaded vehicle weight or adjusted loaded vehicle weight 
in accordance with the provisions of subparts A and B of this part.
    Gaseous fuel means natural gas or liquefied petroleum gas.
    Generic service and repair information means information which is 
not specific for an original equipment manufacturer's brand of tools and 
equipment.
    Heavy light-duty truck means any light-duty truck rated greater than 
6000 lbs GVWR.
    Indirect information means any information that is not specifically 
contained in the service literature, but is contained in items such as 
tools or equipment provided to franchised dealers (or others).
    Intermediary means any individual or entity, other than an original 
equipment manufacturer, which provides service or equipment to 
automotive technicians.
    Intermediate Temperature Cold Testing means testing done pursuant to 
the driving cycle and testing conditions contained in 40 CFR part 86, 
subpart C, at temperatures between 25 [deg]F (-4 [deg]C) and 68 [deg]F 
(20 [deg]C).
    Light-duty truck 1 means any light light-duty truck up through 3750 
lbs loaded vehicle weight.
    Light-duty truck 2 means any light light-duty truck greater than 
3750 lbs loaded vehicle weight.
    Light-duty truck 3 means any heavy light-duty truck up through 5750 
lbs adjusted loaded vehicle weight.
    Light-duty truck 4 means any heavy light-duty truck greater than 
5750 lbs adjusted loaded vehicle weight.
    Light light-duty truck means any light-duty truck rated up through 
6000 lbs GVWR.
    Liquefied petroleum gas means a liquid hydrocarbon fuel that is 
stored under pressure and is composed primarily of species that are 
gases at atmospheric conditions (temperature = 25 [deg]C and pressure = 
1 atm), excluding natural gas.
    Multi-fuel means capable of operating on two or more different fuel 
types, either separately or simultaneously.
    Natural gas means a fuel whose primary constituent is methane.
    Non-Methane Hydrocarbon Equivalent means the sum of the carbon mass 
emissions of non-oxygenated non-methane hydrocarbons, methanol, 
formaldehyde, or other organic compounds that are separately measured, 
expressed as gasoline-fueled vehicle hydrocarbons. In the case of 
exhaust emissions, the hydrogen-to-carbon ratio of the equivalent 
hydrocarbon is 1.85:1. In the case of diurnal and hot soak emissions, 
the hydrogen-to-carbon ratios of the equivalent hydrocarbons are 2.33:1 
and 2.2:1, respectively.
    Petroleum fuel means liquid fuels normally derived from crude oil, 
excluding liquefied petroleum gas. Gasoline and diesel fuel are 
petroleum fuels.
    Test weight basis means the basis on which equivalent test weight is 
determined in accordance with Sec. 86.129-94 of subpart B of this part.
    Useful life means:
    (a) For light-duty vehicles, and for model year 1994 and later light 
light-duty trucks not subject to the Tier 0 standards of paragraph (a) 
of Sec. 86.094-9, intermediate useful life and/or full useful life. 
Intermediate useful life is a period of use of 5 years or 50,000 miles, 
whichever occurs first. Full useful life is a period of use of 10 years 
or 100,000 miles, whichever occurs first, except as otherwise noted in 
Sec. 86.094-9.
    (b) For light light-duty trucks subject to the Tier 0 standards of 
paragraph (a) of Sec. 86.094-9, and for heavy light-duty truck engine 
families, intermediate and/or full useful life. Intermediate useful life 
is a period of use of 5 years or 50,000 miles, whichever occurs first. 
Full useful life is a period of use of 11 years or 120,000 miles, 
whichever occurs first.
    (c) For an Otto-cycle heavy-duty engine family, a period of use of 8 
years or 110,000 miles, whichever first occurs.
    (d) For a diesel heavy-duty engine family:

[[Page 371]]

    (1) For light heavy-duty diesel engines, period of use of 8 years or 
110,000 miles, whichever first occurs.
    (2) For medium heavy-duty diesel engines, a period of use of 8 years 
or 185,000 miles, whichever first occurs.
    (3) For heavy-duty diesel engines, a period of use of 8 years or 
290,000 miles, whichever first occurs, except as provided in paragraph 
(d)(4) of this definition.
    (4) for heavy heavy-duty diesel engines used in urban buses, for the 
particulate standard, a period of use of 10 years or 290,000 miles, 
whichever first occurs.
    (e) As an option for both light-duty trucks under certain conditions 
and heavy-duty engine families, an alternative useful life period 
assigned by the Administrator under the provisions of paragraph (f) of 
Sec. 86.094-21.
    (f) The useful-life period for purposes of the emissions defect 
warranty and emissions performance warranty shall be a period of 5 
years/50,000 miles, whichever first occurs, for light-duty trucks, Otto-
cycle heavy-duty engines and light heavy-duty diesel engines. For all 
other heavy-duty diesel engines the aforementioned period is 5 years/
100,000 miles, whichever first occurs. However, in no case may this 
period be less than the manufacturer's basic mechanical warranty period 
for the engine family.

[56 FR 25739, June 5, 1991, as amended at 57 FR 31897, July 17, 1992; 58 
FR 4002, Jan. 12, 1993; 58 FR 9485, Feb. 19, 1993; 58 FR 15799, Mar. 24, 
1993; 59 FR 48494, Sept. 21, 1994; 60 FR 34335, June 30, 1995; 60 FR 
40496, Aug. 9, 1995]



Sec. 86.094-3  Abbreviations.

    (a) The abbreviations in Sec. 86.090-3 remain effective. The 
abbreviations in this section apply beginning with the 1994 model year.
    (b) The abbreviations in this section apply to this subpart, and 
also to subparts B, E, F, H, M, N and P of this part, and have the 
following meanings:

ALVW--Adjusted Loaded Vehicle Weight
LPG--Liquefied Petroleum Gas
NMHC--Nonmethane Hydrocarbons
NMHCE--Non-Methane Hydrocarbon Equivalent
PM--Particulate Matter
THC--Total Hydrocarbons

[56 FR 25740, June 5, 1991, as amended at 58 FR 33208, June 16, 1993; 59 
FR 48494, Sept. 21, 1994; 60 FR 34335, June 30, 1995]



Sec. 86.094-7  Maintenance of records; submittal of information; 
right of entry.

    Section 86.094-7 includes text that specifies requirements that 
differ from Sec. 86.091-7. Where a paragraph in Sec. 86.091-7 is 
identical and applicable to Sec. 86.094-7, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.091-7.'' Where a corresponding paragraph of 
Sec. 86.091-7 is not applicable, this is indicated by the statement 
``[Reserved].''
    (a) Introductory text through (a)(2) [Reserved]. For guidance see 
Sec. 86.091-7.
    (a)(3) All records, other than routine emission test records, 
required to be maintained under this subpart shall be retained by the 
manufacturer for a period of eight (8) years after issuance of all 
certificates of conformity to which they relate. Routine emission test 
records shall be retained by the manufacturer for a period of one (1) 
year after issuance of all certificates of conformity to which they 
relate. Records may be retained as hard copy or reduced to microfilm, 
punch cards, etc., depending on the record retention procedures of the 
manufacturer, provided, that in every case all the information contained 
in the hard copy shall be retained.
    (b)-(c)(2) [Reserved]. For guidance see Sec. 86.091-7.
    (c)(3) The manufacturer (or contractor for the manufacturer, if 
applicable) shall retain all records required to be maintained under 
this section for a period of eight (8) years from the due date for the 
end-of-model year averaging, trading, and banking reports. Records may 
be retained as hard copy or reduced to microfilm, ADP files, etc., 
depending on the manufacturer's record retention procedure, provided 
that in every case all the information contained in the hard copy is 
retained.
    (c)(4)-(d)(1)(v) [Reserved]. For guidance see Sec. 86.091-7.
    (d)(1)(vi) Any facility where any record or other document relating 
to

[[Page 372]]

the information specified in paragraph (h) of this section is located.
    (2) Upon admission to any facility referred to in paragraph (d)(1) 
of this section, any EPA Enforcement Officer or any EPA authorized 
representative shall be allowed:
    (i) To inspect and monitor any part or aspect of such procedures, 
activities, and testing facilities, including, but not limited to, 
monitoring vehicle (or engine) preconditioning, emissions tests and 
mileage (or service) accumulation, maintenance, and vehicle soak and 
storage procedures (or engine storage procedures), and to verify 
correlation or calibration of test equipment;
    (ii) To inspect and make copies of any such records, designs, or 
other documents, including those records specified in Sec. 86.091-7(c); 
and
    (iii) To inspect and make copies of any such records, designs or 
other documents including those records specified in paragraph (h) of 
this section; and
    (iv) To inspect and/or photograph any part or aspect of any such 
certification vehicle (or certification engine) and any components to be 
used in the construction thereof.
    (d)(3)-(g) [Reserved]. For guidance see Sec. 86.091-7.
    (h)(1) The manufacturer (or contractor for the manufacturer, if 
applicable) of any model year 1994 through 1997 light-duty vehicle or 
light light-duty truck or model year 1994 through 1998 heavy light-duty 
truck that is certified shall establish, maintain, and retain the 
following adequately organized and indexed records for each such 
vehicle:
    (i) EPA engine family;
    (ii) Vehicle identification number;
    (iii) Model year and production date;
    (iv) Shipment date;
    (v) Purchaser; and
    (vi) Purchase contract.
    (2) In addition, the manufacturer (or contractor for the 
manufacturer, if applicable) of each certified engine family shall 
establish, maintain, and retain adequately organized records of the 
actual U.S. sales volume for the model year for each engine family. The 
manufacturer may petition the Administrator to allow actual volume 
produced for U.S. sale to be used in lieu of actual U.S. sales. Such 
petition shall be submitted within 30 days of the end of the model year 
to the Manufacturer Operations Division. For the petition to be granted, 
the manufacturer must establish to the satisfaction of the Administrator 
that actual production volume is functionally equivalent to actual sales 
volume.
    (3) The manufacturer (or contractor for the manufacturer, if 
applicable) shall retain all records required to be maintained under 
this section for a period of eight (8) years from the due date for the 
applicable end-of-model year report. Records may be retained as hard 
copy or reduced to microfilm, ADP film, etc., depending on the 
manufacturer's record retention procedure, provided that in every case 
all the information contained in the hard copy is retained.
    (4) Nothing in this section limits the Administrator's discretion in 
requiring the manufacturer to retain additional records or submit 
information not specifically required by this section.
    (5) Pursuant to a request made by the Administrator, the 
manufacturer shall submit to him the information that is required to be 
retained.
    (6) Voiding a certificate. (i) EPA may void ab initio a certificate 
for a vehicle certified to Tier 0 certification standards for which the 
manufacturer fails to retain the records required in this section or to 
provide such information to the Administrator upon request.
    (ii) EPA may void ab initio a certificate for a 1994 or 1995 model 
year light-duty vehicle or light-duty truck that is not certified in 
compliance with the cold temperature CO standard for which the 
manufacturer fails to retain the records required in this section or to 
provide such information to the Administrator upon request.
    (iii) Any voiding ab initio of a certificate under Sec. 86.094-7(c) 
and paragraph (h) of this section will be made only after the 
manufacturer concerned has been offered an opportunity for a hearing 
conducted in accordance with Sec. 86.614 for light-duty vehicles or 
under Sec. 86.1014 for light-duty trucks and heavy-duty engines.
    (i) Any voiding ab initio of a certificate under Sec. 86.091-7 (c) 
and paragraph (h) of this section will be made only

[[Page 373]]

after the manufacturer concerned has been offered an opportunity for a 
hearing conducted in accordance with Sec. 86.614 for light-duty 
vehicles or under Sec. 86.1014 for light-duty trucks and heavy-duty 
engines.

[56 FR 25740, June 5, 1991, as amended at 57 FR 31897, July 17, 1992]



Sec. 86.094-9  Emission standards for 1994 and later model year 
light-duty trucks.

    (a)(1) Standards--(i) Light light-duty trucks. Exhaust emission from 
1994 and later model year light light-duty trucks shall meet all 
standards in Tables A94-8, A94-9, A94-11 and A94-12 in the rows 
designated with the applicable fuel type and loaded vehicle weight, 
according to the implementation schedule in Tables A94-7 and A94-10 as 
follows (optional for 1994 through 1996 model year gaseous-fueled light 
light-duty trucks):
    (A)(1)(i) A minimum of the percentage shown in table A94-7 of a 
manufacturer's sales of the applicable model year's light light-duty 
trucks shall not exceed the applicable Tier 1 standards in table A94-8 
and shall not exceed the applicable Tier 1 standards in table A94-9. The 
remaining vehicles shall not exceed the applicable Tier 0 standards in 
table A94-9.
    (ii) Optionally, a minimum of the percentage shown in table A94-7 of 
a manufacturer's combined sales of the applicable model year's light-
duty vehicles and light light-duty trucks shall not exceed the 
applicable Tier 1 standards. Under this option, the light-duty vehicles 
shall not exceed the applicable Tier 1 standards in table A94-2 of Sec. 
86.094-8 and shall not exceed the applicable Tier 1 standards in table 
A94-3 of Sec. 86.094-8. Further, the light light-duty trucks shall not 
exceed the applicable Tier 1 standards in table A94-8 and shall not 
exceed the applicable Tier 1 standards of table A94-9. The remaining 
percentage of the manufacturer's combined sales of the applicable model 
year's light-duty vehicles and light light-duty trucks shall not exceed 
the corresponding Tier 0 standards.
    (2) A minimum of the percentage shown in table A94-10 of a 
manufacturer's sales of the applicable model year's light light-duty 
trucks shall not exceed the applicable Tier 1 standards in table A94-11 
and shall not exceed the applicable Tier 1 standards in table A94-12. 
The remaining vehicles shall not exceed the applicable Tier 0 standards 
in table A94-12.

  Table A94-7--Implementation Schedule for Light Light-Duty Trucks for
                            HCs, CO, and NOX
------------------------------------------------------------------------
                                                                Tier 1
                         Model year                           percentage
------------------------------------------------------------------------
1994.......................................................           40
1995.......................................................           80
After 1995.................................................          100
------------------------------------------------------------------------


                         Table A94-8--Intermediate Useful Life Standards (g/mi) for Light Light-Duty Trucks for HCs, CO and NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
                    Fuel                       LVW (lbs)            Standards              THC        NMHC       THCE      NMHCE        CO        NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gasoline...................................  0-3750        Tier 0.....................  .........  .........  .........  .........  .........  .........
Gasoline...................................  0-3750        Tier 1.....................  .........       0.25  .........  .........        3.4        0.4
Gasoline...................................  3751-5750     Tier 0.....................  .........  .........  .........  .........  .........  .........
Gasoline...................................  3751-5750     Tier 1.....................  .........       0.32  .........  .........        4.4        0.7
Diesel.....................................  0-3750        Tier 0.....................  .........  .........  .........  .........  .........  .........
Diesel.....................................  0-3750        Tier 1.....................  .........       0.25  .........  .........        3.4        1.0
Diesel.....................................  3751-5750     Tier 0.....................  .........  .........  .........  .........  .........  .........
Diesel.....................................  3751-5750     Tier 1.....................  .........       0.32  .........  .........        4.4  .........
Methanol...................................  0-3750        Tier 0.....................  .........  .........  .........  .........  .........  .........
Methanol...................................  0-3750        Tier 1.....................  .........  .........  .........       0.25        3.4        0.4
Methanol...................................  3751-5750     Tier 0.....................  .........  .........  .........  .........  .........  .........
Methanol...................................  3751-5750     Tier 1.....................  .........  .........  .........       0.32        4.4        0.7
Natural Gas................................  0-3750        Tier 0.....................  .........  .........  .........  .........  .........  .........
Natural Gas................................  0-3750        Tier 1.....................  .........       0.25  .........  .........        3.4        0.4
Natural Gas................................  3751-5750     Tier 0.....................  .........  .........  .........  .........  .........  .........
Natural Gas................................  3751-5750     Tier 1.....................  .........       0.32  .........  .........        4.4        0.7

[[Page 374]]

 
LPG........................................  0-3750        Tier 0.....................  .........  .........  .........  .........  .........  .........
LPG........................................  0-3750        Tier 1.....................  .........       0.25  .........  .........        3.4        0.4
LPG........................................  3751-5750     Tier 0.....................  .........  .........  .........  .........  .........  .........
LPG........................................  3751-5750     Tier 1.....................  .........       0.32  .........  .........        4.4        0.7
--------------------------------------------------------------------------------------------------------------------------------------------------------


                             Table A94-9--Full Useful Life Standards (g/mi) for Light Light-Duty Trucks for HCs, CO and NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
                     Fuel                         LVW (lbs)            Standards           THC \1\      NMHC     THCE \1\    NMHCE       CO        NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gasoline......................................  0-3750        Tier 0....................       0.80  .........  .........  .........     10         1.2
Gasoline......................................  0-3750        Tier 1....................       0.80       0.31  .........  .........      4.2       0.6
Gasoline......................................  3751-5750     Tier 0....................       0.80  .........  .........  .........     10         1.7
Gasoline......................................  3751-5750     Tier 1....................       0.80       0.40  .........  .........      5.5       0.97
Diesel........................................  0-3750        Tier 0....................       0.80  .........  .........  .........     10         1.2
Diesel........................................  0-3750        Tier 1....................       0.80       0.31  .........  .........      4.2       1.25
Diesel........................................  3751-5750     Tier 0....................       0.80  .........  .........  .........     10         1.7
Diesel........................................  3751-5750     Tier 1....................       0.80       0.40  .........  .........      5.5       0.97
Methanol......................................  0-3750        Tier 0....................  .........  .........       0.80  .........     10         1.2
Methanol......................................  0-3750        Tier 1....................  .........  .........       0.80       0.31      4.2       0.6
Methanol......................................  3751-5750     Tier 0....................  .........  .........       0.80  .........     10         1.7
Methanol......................................  3751-5750     Tier 1....................  .........  .........       0.80       0.40      5.5       0.97
Natural Gas...................................  0-3750        Tier 0....................  .........       0.67  .........  .........     10         1.2
Natural Gas...................................  0-3750        Tier 1....................  .........       0.31  .........  .........      4.2       0.6
Natural Gas...................................  3751-5750     Tier 0....................  .........       0.67  .........  .........     10         1.7
Natural Gas...................................  3751-5750     Tier 1....................  .........       0.40  .........  .........      5.5       0.97
LPG...........................................  0-3750        Tier 0....................       0.80  .........  .........  .........     10         1.2
LPG...........................................  0-3750        Tier 1....................       0.80       0.31  .........  .........      4.2       0.6
LPG...........................................  3751-5750     Tier 0....................       0.80  .........  .........  .........     10         1.7
LPG...........................................  3751-5750     Tier 1....................       0.80       0.40  .........  .........      5.5       0.97
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Full useful life is 11 years or 120,000 miles, whichever occurs first.


Table A94-10--Implementation Schedule for Light Light-Duty Trucks for PM
------------------------------------------------------------------------
                                                                Tier 1
                         Model year                           Percentage
------------------------------------------------------------------------
1994.......................................................            0
1995.......................................................           40
1996.......................................................           80
After 1996.................................................          100
------------------------------------------------------------------------


Table A94-11--Intermediate Useful Life Standards (g/mi) for Light Light-
                           Duty Trucks for PM
------------------------------------------------------------------------
             Fuel                 LVW (lbs)      Standards         PM
------------------------------------------------------------------------
Gasoline......................  0-3750        Tier 0.........  .........
Gasoline......................  0-3750        Tier 1.........       0.08
Gasoline......................  3751-5750     Tier 0.........  .........
Gasoline......................  3751-5750     Tier 1.........       0.08
Diesel........................  0-3750        Tier 0.........  .........
Diesel........................  0-3750        Tier 1.........       0.08
Diesel........................  3751-5750     Tier 0.........  .........
Diesel........................  3751-5750     Tier 1.........       0.08
Methanol......................  0-3750        Tier 0.........  .........
Methanol......................  0-3750        Tier 1.........       0.08
Methanol......................  3751-5750     Tier 0.........  .........
Methanol......................  3751-5750     Tier 1.........       0.08
Natural Gas...................  0-3750        Tier 0.........  .........
Natural Gas...................  0-3750        Tier 1.........       0.08
Natural Gas...................  3751-5750     Tier 0.........  .........
Natural Gas...................  3751-5750     Tier 1.........       0.08
LPG...........................  0-3750        Tier 0.........  .........
LPG...........................  0-3750        Tier 1.........       0.08
LPG...........................  3751-5750     Tier 0.........  .........
LPG...........................  3751-5750     Tier 1.........       0.08
------------------------------------------------------------------------


[[Page 375]]


  Table A94-12--Full Useful Life Standards (g/mi) for Light Light-Duty
                              Trucks for PM
------------------------------------------------------------------------
             Fuel                 LVW (lbs)      Standards         PM
------------------------------------------------------------------------
Gasoline......................  0-3750        Tier 0.........  .........
Gasoline......................  0-3750        Tier 1.........       0.10
Gasoline......................  3751-5750     Tier 0.........  .........
Gasoline......................  3751-5750     Tier 1.........       0.10
Diesel........................  0-3750        Tier 0.........       0.26
Diesel........................  0-3750        Tier 1.........       0.10
Diesel........................  3751-5750     Tier 0.........       0.13
Diesel........................  3751-5750     Tier 1.........       0.10
Methanol......................  0-3750        Tier 0.........   \1\ 0.26
Methanol......................  0-3750        Tier 1.........       0.10
Methanol......................  3751-5750     Tier 0.........   \1\ 0.13
Methanol......................  3751-5750     Tier 1.........       0.10
Natural Gas...................  0-3750        Tier 0.........   \1\ 0.26
Natural Gas...................  0-3750        Tier 1.........       0.10
Natural Gas...................  3751-5750     Tier 0.........   \1\ 0.13
Natural Gas...................  3751-5750     Tier 1.........       0.10
LPG...........................  0-3750        Tier 0.........   \1\ 0.26
LPG...........................  0-3750        Tier 1.........       0.10
LPG...........................  3751-5750     Tier 0.........   \1\ 0.13
LPG...........................  3751-5750     Tier 1.........       0.10
------------------------------------------------------------------------
\1\ Applicable only to diesel-cycle vehicles.

    (B)(1)(i) Sales percentages for the purposes of determining 
compliance with paragraph (a)(1)(i)(A) of this section shall be based on 
total actual U.S. sales of light light-duty trucks of the applicable 
model year by a manufacturer to a dealer, distributor, fleet operator, 
broker, or any other entity which comprises the point of first sale. If 
the option of paragraph (a)(1)(i)(A)(1)(ii) of this section is taken, 
such sales percentages shall be based on the total actual combined U.S. 
sales of light-duty vehicles and light light-duty trucks of the 
applicable model year by a manufacturer to a dealer, distributor, fleet 
operator, broker, or any other entity which comprises the point of first 
sale.
    (ii) The manufacturer may petition the Administrator to allow actual 
volume produced for U.S. sales to be used in lieu of actual U.S. sales 
for purposes of determining compliance with the implementation schedule 
sales percentages of tables A94-7 and A94-10 of this section. Such 
petition shall be submitted within 30 days of the end of the model year 
to the Manufacturers Operations Division. For the petition to be 
granted, the manufacturer must establish to the satisfaction of the 
Administrator that actual production volume is functionally equivalent 
to actual sales volume.
    (iii) The manufacturer may count toward the sales percentages light 
light-duty trucks of the applicable model year that meet certain 
standards for that same model year contained in Title 13, ``California 
Code of Regulations, Section 1960.1, and the incorporated California 
Exhaust Emission Standards and Test Procedures for 1988 and Subsequent 
Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles.'' 
(Copies may be obtained from Barclays Law Publishers, P.O. Box 3066, San 
Francisco, CA 94080.) The relevant standards from that source are those 
that are designated as phase-in standards for selected pollutants and 
were first applied in the 1993 model year, as well as those for all 
remaining pollutants that require compliance at the one hundred percent 
level. If this option is taken, all light light-duty trucks sold in 
jurisdictions adopting such standards shall be counted toward the total 
upon which the sales percentage is based. If this option is not taken, 
light light-duty trucks sold in such jurisdictions are to be excluded 
from counting toward either the total upon which the sales percentage is 
based or the sales percentage itself.
    (iv) Small volume manufacturers, as defined in Sec. 86.092-14(b) 
(1) and (2), are exempt from the implementation schedules of table A94-7 
of this section for model years 1994 and 1995 and from the 
implementation schedules of table A94-10 of this section for model years

[[Page 376]]

1995 and 1996. For small volume manufacturers, the Tier 0 standards of 
table A94-9 continue to apply until model year 1996, and the Tier 0 
standards of table A94-12 continue to apply until model year 1997, when 
one hundred percent compliance with the Tier 1 standards of tables A94-
8, A94-9, A94-11, and A94-12 is required. This exemption does not apply 
to small volume engine families as defined in Sec. 86.092-14(b)(5).
    (2)(i)Where the required implementation schedule sales percentages 
for in-use purposes, as prescribed in subpart H of this part, are the 
same in a given model year as the required implementation schedule sales 
percentages for certification purposes, as prescribed in this section, 
the same engine families must comprise the respective percentages.
    (ii) Where the required implementation schedule sales percentages 
for in-use purposes differ from implementation schedule sales 
percentages for certification purposes in a particular model year, the 
manufacturer must designate, at the time of Application for 
Certification, which families will meet each applicable in-use phase-in 
percentage.
    (3) The manufacturer must state at the time of Application for 
Certification, based on projected U.S. sales or projected production for 
U.S. sale, which families will be used to attain the required 
implementation schedule sales percentages for certification purposes.
    (4) A manufacturer can not use one set of engine families to meet 
its intermediate useful life standards and another to meet its full 
useful life standards. The same families which are used to meet the 
intermediate useful life standards will be required without deviation to 
meet the corresponding full useful life standards.
    (ii) Heavy light-duty trucks. Exhaust emissions from 1994 and later 
model year heavy light-duty trucks shall meet all standards in Tables 
A94-14 and A94-15 in the rows designated with the applicable fuel type 
and loaded vehicle weight or adjusted loaded vehicle weight, as 
applicable, according to the implementation schedule in Table A94-13, as 
follows (optional for 1994 through 1996 model year gaseous-fueled heavy 
light-duty trucks):
    (A) A minimum of the percentage shown in table A94-13 of a 
manufacturer's sales of the applicable model year's heavy light-duty 
trucks shall not exceed the applicable Tier 1 standards in table A94-14 
and shall not exceed the applicable Tier 1 standards in table A94-15. 
The remaining vehicles shall not exceed the applicable Tier 0 standards 
in table A94-15.

  Table A94-13--Implementation Schedule for Heavy Light-Duty Trucks for
                           HCs, CO, NOX and PM
------------------------------------------------------------------------
                                                                Tier 1
                         Model year                           percentage
------------------------------------------------------------------------
1994.......................................................            0
1995.......................................................            0
1996.......................................................           50
after 1996.................................................          100
------------------------------------------------------------------------


                       Table A94-14--Intermediate Useful Life Standards (g/mi) for Heavy Light-Duty Trucks for HCs, CO, NOX and PM
--------------------------------------------------------------------------------------------------------------------------------------------------------
                      Fuel                        ALVW (lbs)             Standards               THC      NMHC     THCE    NMHCE     CO    NOX      PM
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gasoline........................................   3751-5750  Tier 0.........................  .......  .......  .......  .......  .....  .....  .......
Gasoline........................................   3751-5750  Tier 1.........................  .......     0.32  .......  .......    4.4    0.7  .......
Gasoline........................................   5750
Gasoline........................................   5750
Diesel..........................................   3751-5750  Tier 0.........................  .......  .......  .......  .......  .....  .....  .......
Diesel..........................................   3751-5750  Tier 1.........................  .......     0.32  .......  .......    4.4  .....  .......
Diesel..........................................   5750
Diesel..........................................   5750
Methanol........................................   3751-5750  Tier 0.........................  .......  .......  .......  .......  .....  .....  .......
Methanol........................................   3751-5750  Tier 1.........................  .......  .......  .......     0.32    4.4    0.7  .......
Methanol........................................   5750
Methanol........................................   5750

[[Page 377]]

 
Natural Gas.....................................   3751-5750  Tier 0.........................  .......  .......  .......  .......  .....  .....  .......
Natural Gas.....................................   3751-5750  Tier 1.........................  .......     0.32  .......  .......    4.4    0.7  .......
Natural Gas.....................................   5750
Natural Gas.....................................   5750
LPG.............................................   3751-5750  Tier 0.........................  .......  .......  .......  .......  .....  .....  .......
LPG.............................................   3751-5750  Tier 1.........................  .......     0.32  .......  .......    4.4    0.7  .......
LPG.............................................   5750
LPG.............................................   5750
--------------------------------------------------------------------------------------------------------------------------------------------------------


                           Table A94-15--Full Useful Life Standards (g/mi) for Heavy Light-Duty Trucks for HCs, CO, NOX and PM
--------------------------------------------------------------------------------------------------------------------------------------------------------
                   Fuel                     LVW (lbs)  ALVW (lbs)          Standards           THC      NMHC     THCE     NMHCE      CO    NOX      PM
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gasoline..................................     0-3750  ..........  Tier 0..................     0.80  .......  .......  .........     10    1.2  .......
Gasoline..................................  5750
Diesel....................................     0-3750  ..........  Tier 0..................     0.80  .......  .......  .........     10   1.20     0.26
Diesel....................................  5750
Methanol..................................     0-3750  ..........  Tier 0..................  .......  .......     0.80  .........     10    1.2      \1\
                                                                                                                                                    0.26
Methanol..................................  5750
Natural Gas...............................     0-3750  ..........  Tier 0..................  .......     0.67  .......  .........     10    1.2      \1\
                                                                                                                                                    0.26
Natural Gas...............................  5750
LPG.......................................     0-3750  ..........  Tier 0..................     0.80  .......  .......  .........     10    1.2      \1\
                                                                                                                                                    0.26
LPG.......................................  5750
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Applicable only to diesel-cycle vehicles.

    (B)(1)(i) Sales percentages for the purposes of determining 
compliance with paragraph (a)(1)(ii)(A) of this section shall be based 
on total actual U.S. sales of heavy light-duty trucks of the applicable 
model year by a manufacturer to a dealer, distributor, fleet operator, 
broker, or any other entity which comprises the point of first sale.
    (ii) The manufacturer may petition the Administrator to allow actual 
volume produced for U.S. sale to be used in lieu of actual U.S. sales 
for purposes of determining compliance with the implementation schedule 
sales percentages of table A94-13 of this section. Such petition shall 
be submitted within 30 days of the end of the model year to the 
Manufacturers Operations Division. For the petition to be granted, the 
manufacturer must establish to the satisfaction of the Administrator 
that actual production volume is functionally equivalent to actual sales 
volume.
    (iii) The manufacturer may count toward the sales percentages heavy 
light-duty trucks of the applicable model year that meet certain 
standards for that same model year contained in Title 13, California 
Code of Regulations, Section 1960.1, and the incorporated ``California 
Exhaust Emission Standards and Test Procedures for 1988 and Subsequent 
Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles.'' The 
relevant standards from that source are those that are designated as 
phase-in standards for selected pollutants and were first applied in the 
1995 model year, as well as those for all remaining pollutants that 
require compliance at the one hundred percent level. If this option is 
taken, all heavy light-duty trucks sold in jurisdictions adopting such 
standards

[[Page 378]]

shall be counted toward the total upon which the sales percentage is 
based. If this option is not taken, heavy light-duty trucks sold in such 
jurisdictions are to be excluded from counting toward either the total 
upon which the sales percentage is based or the sales percentage itself.
    (iv) Small volume manufacturers, as defined in Sec. 86.092-14(b) 
(1) and (2), are exempt from the implementation schedule of table A94-13 
of this section for model year 1996. For small volume manufacturers, the 
Tier 0 standards of table A94-15 continue to apply until model year 
1997, when one hundred percent compliance with the Tier 1 standards of 
tables A94-14 and A94-15 is required. This exemption does not apply to 
small volume engine families as defined in Sec. 86.092-14(b)(5).
    (2)(i) Where the required implementation schedule sales percentages 
for in-use purposes, as prescribed in subpart H of this part, are the 
same in a given model year as the required implementation schedule sales 
percentages for certification purposes, as prescribed in this section, 
the same engine families must comprise the respective percentages.
    (ii) Where the required implementation schedule sales percentages 
for in-use purposes differ from implementation schedule sales 
percentages for certification purposes in a particular model year, the 
manufacturer must designate, at the time of Application for 
Certification, which families will meet each applicable in-use phase-in 
percentage.
    (3) The manufacturer must state at the time of Application for 
Certification, based on projected U.S. sales or projected production for 
U.S. sale, which families will be used to attain the required 
implementation schedule sales percentages for certification purposes.
    (4) A manufacturer cannot use one set of engine families to meet its 
intermediate useful life standards and another to meet its full useful 
life standards. The same families which are used to meet the 
intermediate useful life standards will be required without deviation to 
meet the corresponding full useful life standards.
    (iii) Exhaust emissions of carbon monoxide from 1994 and later model 
year light-duty trucks shall not exceed 0.50 percent of exhaust gas flow 
at curb idle at a useful life of 11 years or 120,000 miles, whichever 
first occurs (for Otto-cycle, and methanol-and gaseous-fueled diesel 
light-duty trucks only--optional for 1994 through 1996 model year 
gaseous-fueled light-duty trucks).
    (iv)(A) A manufacturer may elect to include all or some of its 
light-duty truck engine families subject to the Tier 0 standards in the 
NOX averaging program, provided that it does not elect to pay 
an NCP for noncompliance with any emission standard applicable to that 
light-duty truck family. Trucks produced for sale in California or in 
designated high-altitude areas may be averaged only within each of those 
areas. Petroleum-fueled and methanol-fueled engine families may not be 
averaged together. Otto-cycle and diesel engines families also may not 
be averaged together. If the manufacturer elects to participate in the 
NOX averaging program, individual family NOX 
emission limits may not exceed 2.3 grams per mile. If the manufacturer 
elects to average together NOX emissions of light-duty trucks 
subject to different standards based on GVWR and loaded vehicle weight, 
its composite NOX standard applies to the combined fleets of 
light-duty trucks of all weight categories included in the average, and 
is calculated as defined in Sec. 86.088-2.
    (B) A manufacturer may elect to include any diesel light-duty truck 
engine families subject to the Tier 0 standards in the appropriate 
particulate averaging program (petroleum or methanol), provided that it 
does not elect to pay an NCP for noncompliance with any emission 
standard applicable to that light-duty truck family. Trucks produced for 
sale in California or in designated high-altitude areas may be averaged 
only within each of those areas, and light-duty trucks greater than 
3,750 lbs loaded vehicle weight may be averaged only with other light-
duty trucks greater than 3,750 lbs loaded vehicle weight. Averaging is 
not permitted between fuel types. If the manufacturer elects to average 
both light-duty trucks 3,750 lbs loaded vehicle weight or less and 
light-duty vehicles

[[Page 379]]

together in the appropriate particulate averaging program, its composite 
particulate standard applies to the combined set of light-duty vehicles 
and light-duty trucks included in the average and is calculated as 
defined in Sec. 86.088-2.
    (2) The standards set forth in paragraphs (a)(1)(i) and (a)(1)(ii) 
of this section refer to the exhaust emitted over a driving schedule as 
set forth in subpart B of this part and measured and calculated in 
accordance with those procedures. The test weight basis for light light-
duty trucks, and for heavy light-duty trucks certified to the Tier 0 
standards of this section, for the purposes of determining equivalent 
test weight as prescribed in Sec. 86.129-94, shall be loaded vehicle 
weight. The test weight basis for heavy light-duty trucks certified to 
the Tier 1 standards of this section, for the purposes of determining 
equivalent test weight as prescribed in Sec. 86.129-94, shall be 
adjusted loaded vehicle weight. The standard set forth in paragraph 
(a)(1)(iii) of this section refers to the exhaust emitted at curb idle 
and measured and calculated in accordance with the procedures set forth 
in subpart P of this part.
    (b) Fuel evaporative emissions from 1994 and later model year light-
duty trucks shall not exceed:
    (1) Hydrocarbons (for gasoline-fueled light-duty trucks). 2.0 grams 
per test.
    (2) Total Hydrocarbon Equivalent (for methanol-fueled light-duty 
trucks). 2.0 grams per test.
    (3) The standards set forth in paragraphs (b) (1) and (2) of this 
section refer to a composite sample of the fuel evaporative emissions 
collected under the conditions set forth in subpart B of this part and 
measured in accordance with those procedures.
    (c) No crankcase emissions shall be discharged into the ambient 
atmosphere from any 1994 and later model year light-duty truck. This 
requirement is optional for 1994 through 1996 model year gaseous-fueled 
light-duty trucks.
    (d) The CO, NOX. and particulate standards set forth in 
paragraphs (d)(1)(ii)(A), (d)(1)(iii), and (d)(1)(iv) of this section, 
respectively, are applicable only to model year 1994 light-duty trucks 
certified to the Tier 0 standards of paragraphs (a)(1)(i) and (a)(1)(ii) 
of this section. The HC, THCE, and idle CO standards set forth in 
paragraphs (d)(1)(i)(A), (d)(1)(i)(B) and (d)(1)(ii)(B) of this section, 
respectively, are applicable only to model year 1994 light-duty trucks.
    (1) Model year 1994 light-duty trucks sold for principal use at a 
designated high-altitude location shall be capable of meeting the 
following exhaust emission standards when tested under high-altitude 
conditions:
    (i)(A) Hydrocarbons (for Otto-cycle and diesel light-duty trucks 
when fueled with petroleum fuel and/or liquefied petroleum gas). 1.0 
grams per vehicle mile (0.62 grams per vehicle kilometer).
    (B) Total Hydrocarbon Equivalent (for methanol-fueled Otto-cycle and 
diesel light-duty trucks). 1.0 gram per vehicle mile (0.62 gram per 
vehicle kilometer).
    (C) Nonmethane hydrocarbons (for Otto-cycle and diesel light-duty 
trucks when fueled with natural gas). 0.83 gram per vehicle mile (0.52 
gram per vehicle kilometer).
    (ii) Carbon Monoxide. (A) 14 grams per vehicle mile (8.7 grams per 
vehicle kilometer).
    (B) 0.50 percent of exhaust gas flow at curb idle (for Otto-cycle 
and methanol-fueled diesel light-duty trucks only).
    (iii) Oxides of Nitrogen. (A) For light-duty trucks up to and 
including 3,750 lbs. loaded vehicle weight, 1.2 grams per vehicle mile 
(0.75 grams per vehicle kilometer).
    (B) For light-duty trucks 3,751 lbs. and greater loaded vehicle 
weight, 1.7 grams per vehicle mile (1.1 grams per vehicle kilometer).
    (iv) Particulate (for diesel light-duty trucks only). (A) For light-
duty trucks up to and including 3,750 lbs. loaded vehicle weight, 0.26 
gram per vehicle mile (0.16 gram per vehicle kilometer).
    (B) For light-duty trucks 3,751 lbs. and greater loaded vehicle 
weight, 0.13 gram per vehicle mile (0.08 gram per vehicle kilometer).
    (2) The standards set forth in paragraphs (d)(1)(i), (d)(1)(ii)(A), 
(d)(1)(iii), and (d)(1)(iv) of this section refer to the exhaust emitted 
over a driving schedule as set forth in subpart B of this part and 
measured and calculated in accordance with those procedures. The

[[Page 380]]

standard set forth in paragraph (d)(1)(ii)(B) of this section refers to 
the exhaust emitted at curb idle and measured and calculated in 
accordance with the procedures set forth in subpart P of this part.
    (e) Fuel evaporative emissions from 1994 model year light-duty 
trucks sold for principal use at a designated high-altitude location, 
when tested under high-altitude conditions, shall not exceed:
    (1) Hydrocarbons (for gasoline-fueled light-duty trucks). 2.6 grams 
per test.
    (2) Total Hydrocarbon Equivalent (for methanol-fueled light-duty 
trucks). 2.6 grams per test.
    (3) The standards set forth in paragraphs (e) (1) and (2) of this 
section refer to a composite sample of the fuel evaporative emissions 
collected under the conditions set forth in subpart B of this part and 
measured in accordance with those procedures.
    (f) No crankcase emissions shall be discharged into the ambient 
atmosphere from any 1994 model year light-duty trucks sold for principal 
use at a designated high-altitude location.
    (g)(1) Any model year 1994 light-duty truck that a manufacturer 
wishes to certify for sale at low altitude must be capable of meeting 
high-altitude emission standards (specified in paragraphs (d) through 
(f) of this section). The manufacturer may specify vehicle adjustments 
or modifications to allow the vehicle to meet high-altitude standards 
but these adjustments or modifications may not alter the vehicle's basic 
engine, inertia weight class, transmission configuration, and axle 
ratio.
    (i) A manufacturer may certify unique configurations to meet the 
high-altitude standards but is not required to certify these vehicle 
configurations to meet the low-altitude standards.
    (ii) Any adjustments or modifications that are recommended to be 
performed on vehicles to satisfy the requirements of paragraph (g)(1) of 
this section:
    (A) Shall be capable of being effectively performed by commercial 
repair facilities, and
    (B) Must be included in the manufacturer's application for 
certification.
    (2) Any model year 1995 and later light-duty truck and optionally 
model year 1994 light-duty truck that a manufacturer wishes to certify 
for sale shall meet the emission standards of paragraphs (a) through (c) 
of this section under both low- and high-altitude conditions as 
specified in Sec. 86.082-2, except as provided in paragraphs (h) and 
(i) of this section. Vehicles shall meet emission standards under both 
low- and high-altitude conditions without manual adjustments or 
modifications. Any emission control device used to meet emission 
standards under high-altitude conditions shall initially actuate 
(automatically) no higher than 4,000 feet above sea level.
    (h) The manufacturer may exempt 1994 and later model year light-duty 
trucks from compliance at high altitude with the emission standards set 
forth in paragraphs (a) and (b) of this section, and may exempt 1994 
model year light-duty trucks from compliance with the high-altitude 
emission standards set forth in paragraphs (d) and (e) of this section, 
if the vehicles are not intended for sale at high altitude and if the 
requirements of paragraphs (h)(1) and (2) of this section are met.
    (1) A vehicle configuration shall only be considered eligible for 
exemption under paragraph (h) of this section if the requirements of any 
of paragraphs (h)(1) (i), (ii), (iii), or (iv) of this section are met.
    (i) Its design parameters (displacement-to-weight ratio (D/W) and 
engine speed-to-vehicle-speed ratio (N/V)) fall within the exempted 
range for that manufacturer for that year. The exempted range is 
determined according to the following procedure:
    (A) The manufacturer shall graphically display the D/W and N/V data 
of all vehicle configurations it will offer for the model year in 
question. The axis of the abscissa shall be D/W (where (D) is the engine 
displacement expressed in cubic centimeters and (W) is the gross vehicle 
weight (GVW) expressed in pounds), and the axis of the ordinate shall be 
N/V (where (N) is the crankshaft speed expressed in revolutions per 
minute and (V) is the vehicle speed expressed in miles per hour). At the 
manufacturer's option, either the

[[Page 381]]

1:1 transmission gear ratio or the lowest numerical gear ratio available 
in the transmission will be used to determine N/V. The gear selection 
must be the same for all N/V data points on the manufacturer's graph. 
For each transmission/axle ratio combination, only the lowest N/V value 
shall be used in the graphical display.
    (B) The product line is then defined by the equation, N/V = C(D/
W)-0.9 where the constant, C, is determined by the 
requirement that all the vehicle data points either fall on the line or 
lie to the upper right of the line as displayed on the graphs.
    (C) The exemption line is then defined by the equation, N/V = C(0.84 
D/W)-0.9 where the constant, C, is the same as that found in 
paragraph (h)(1)(i)(B) of this section.
    (D) The exempted range includes all values of N/V and D/W which 
simultaneously fall to the lower left of the exemption line as drawn on 
the graph.
    (ii) Its design parameters fall within the alternate exempted range 
for that manufacturer that year. The alternate exempted range is 
determined by substituting rated horsepower (hp) for displacement (D) in 
the exemption procedure described in paragraph (h)(1)(i) of this section 
and by using the product line N/V = C(hp/W)-0.9.
    (A) Rated horsepower shall be determined by using the Society of 
Automotive Engineers Test Procedure J 1349 (copies may be obtained from 
SAE, 400 Commonwealth Dr., Warrendale, PA 15096), or any subsequent 
version of that test procedure. Any of the horsepower determinants 
within that test procedure may be used, as long as it is used 
consistently throughout the manufacturer's product line in any model 
year.
    (B) No exemptions will be allowed under paragraph (h)(1)(ii) of this 
section to any manufacturer that has exempted vehicle configurations as 
set forth in paragraph (h)(1)(i) of this section.
    (iii) Its acceleration time (the time it takes a vehicle to 
accelerate from 0 to a speed not less than 40 miles per hour and not 
greater than 50 miles per hour) under high-altitude conditions is 
greater than the largest acceleration time under low-altitude conditions 
for that manufacturer for that year. The procedure to be followed in 
making this determination is:
    (A) The manufacturer shall list the vehicle configuration and 
acceleration time under low-altitude conditions of that vehicle 
configuration which has the highest acceleration time under low-altitude 
conditions of all the vehicle configurations it will offer for the model 
year in question. The manufacturer shall also submit a description of 
the methodology used to make this determination.
    (B) The manufacturer shall then list the vehicle configurations and 
acceleration times under high-altitude conditions of all those vehicle 
configurations which have higher acceleration times under high-altitude 
conditions than the highest acceleration time at low altitude identified 
in paragraph (h)(1)(iii)(A) of this section.
    (iv) In lieu of performing the test procedure of paragraph 
(h)(1)(iii) of this section, its acceleration time can be estimated 
based on the manufacturer's engineering evaluation, in accordance with 
good engineering practice, to meet the exemption criteria of paragraph 
(h)(1)(iii) of this section.
    (2) A vehicle shall only be considered eligible for exemption under 
this paragraph if at least one configuration of its model type (and 
transmission configuration in the case of vehicles equipped with manual 
transmissions, excluding differences due to the presence of overdrive) 
is certified to meet emission standards under high-altitude conditions 
as specified in paragraphs (a) through (g) of this section. The 
Certificate of Conformity (the Certificate) covering any exempted 
configuration(s) will also apply to the corresponding non-exempt 
configuration(s) required under this subparagraph. As a condition to the 
exemption, any suspension, revocation, voiding, or withdrawal of the 
Certificate as it applies to a non-exempt configuration for any reason 
will result in a suspension of the Certificate as it applies to the 
corresponding exempted configuration(s) of that model type, unless there 
is at least one other corresponding non-exempt configuration of the same 
model type still covered by the Certificate. The suspension of the

[[Page 382]]

Certificate as it applies to the exempted configuration(s) will be 
terminated when any one of the following occurs:
    (i) Another corresponding non-exempt configuration(s) receive(s) 
coverage under the Certificate; or
    (ii) Suspension of the Certificate as it applies to the 
corresponding non-exempt configuration(s) is terminated; or
    (iii) The Agency's action(s), with respect to suspension, 
revocation, voiding or withdrawal of the Certificate as it applies to 
the corresponding non-exempt configuration(s), is reversed.
    (3) The sale of a vehicle for principal use at a designated high-
altitude location that has been exempted as set forth in paragraph 
(h)(1) of this section will be considered a violation of section 
203(a)(1) of the Clean Air Act.
    (i)(1) The manufacturers may exempt 1994 and later model year light-
duty trucks from compliance at low altitude with the emission standards 
set forth in paragraphs (a) and (b) of this section if the vehicles:
    (i) Are not intended for sale at low altitude; and
    (ii) Are equipped with a unique, high-altitude axle ratio (rear-
wheel drive vehicles) or a unique, high-altitude drivetrain (front-wheel 
drive vehicles) with a higher N/V ratio than other configurations of 
that model type which are certified in compliance with the emission 
standards of paragraphs (a) and (b) of this section under low-altitude 
conditions.
    (2) The sale of a vehicle for principal use at low altitude that has 
been exempted as set forth in paragraph (i)(1) of this section will be 
considered a violation of section 203(a)(1) of the Clean Air Act.
    (j) Any light-duty truck that a manufacturer wishes to certify for 
sale under the provisions of paragraphs (h) or (i) of this section is 
subject to the provisions of subpart Q of this part.
    (k) Cold Temperature Carbon Monoxide (CO) Standards--(1) Light 
light-duty trucks. Exhaust emissions from 1994 and later model year 
gasoline-fueled light light-duty trucks with a loaded vehicle weight of 
3,750 lbs or less shall meet a cold temperature CO standard of 10.0 
grams per mile and gasoline-fueled light light-duty trucks with a loaded 
vehicle weight of greater than 3,750 lbs shall meet a cold temperature 
CO standard of 12.5 grams per mile, both for an intermediate useful life 
of 50,000 miles and according to the implementation schedule in table 
A94-16. This standard applies under both high and low altitude 
conditions. At the manufacturer's option, the manufacturer may combine 
the sales of gasoline-fueled light-duty vehicles, light-duty trucks, and 
heavy light-duty trucks in determining compliance with the required 1994 
and 1995 model year phase-in percentages as included in table A94-16.

 Table A94-16--Implementation Schedule for Combined Sales of Light-duty
               Vehicles and Light-duty Trucks for Cold CO
------------------------------------------------------------------------
                                                                 Sales
                         Model year                           percentage
------------------------------------------------------------------------
1994........................................................         40
1995........................................................         80
After 1995..................................................        100
------------------------------------------------------------------------

    (2) Heavy light-duty trucks. Exhaust emissions from 1994 and later 
model year gasoline-fueled heavy light-duty trucks shall meet a cold 
temperature CO standard of 12.5 grams per mile for an intermediate 
useful life of 50,000 miles and according to the implementation schedule 
in table A94-16. This standard applies under both low and high altitude 
conditions. At the manufacturer's option, the manufacturer may combine 
the sales of gasoline-fueled light-duty vehicles, light light-duty 
trucks, and heavy light-duty trucks in determining compliance with the 
required 1994 and 1995 model year phase-in percentages as included in 
table A94-16.
    (3)(i) Sales percentages for the purposes of determining compliance 
with paragraphs (k)(1) and (k)(2) of this section shall be based on 
total actual and, at the manufacturer's option, combined U.S. sales of 
light-duty vehicles, light light-duty trucks, and heavy light-duty 
trucks of the applicable model year by a manufacturer to a dealer, 
distributor, fleet operator, broker, or any other entity which comprises 
the point of first sale.
    (ii) The manufacturer may petition the Administrator to allow actual 
volume produced for U.S. sales to be used in lieu of actual U.S. sales 
for purposes

[[Page 383]]

of determining compliance with the implementation schedule sales 
percentages of table A94-16. Such petition shall be submitted within 30 
days of the end of the model year to the Manufacturers Operations 
Division. For the petition to be granted, the manufacturer must 
establish to the satisfaction of the Administrator that actual 
production volume is functionally equivalent to actual sales volume. 
Approval of the use of production data will be presumed unless otherwise 
notified by the Agency within 30 days of submittal of the petition.
    (iii) The manufacturer may count towards the sales percentages those 
light-duty vehicles, light light-duty trucks, and heavy light-duty 
trucks of the applicable model year sold in the state of California or 
in jurisdictions which have adopted the California emission standards 
under section 177 of the Clean Air Act if those light-duty vehicles, 
light light-duty trucks, and heavy light-duty trucks have been certified 
to meet the federally mandated cold CO standards. If this option is 
taken, all light-duty vehicles, light light-duty trucks and heavy light-
duty trucks sold in California and such jurisdictions shall be counted 
toward the total upon which the sales percentage is based. If this 
option is not taken, light-duty vehicles, light light-duty trucks, and 
heavy light-duty trucks sold in California or such jurisdictions are to 
be excluded from counting toward either the total upon which the sales 
percentage is based or the sales percentage itself.
    (iv) Small volume manufacturers, as defined in Sec. 86.092-14(b) 
(1) and (2), are exempt from the implementation schedules of table A94-
16 for model years 1994 and 1995. This exemption does not apply to small 
volume engine families as defined in Sec. 86.092-14(b)(5).
    (v) The manufacturer must state at the time of applying for the 
Certificate, based on projected U.S. sales or projected production for 
U.S. sale, which engine families will be used to attain the required 
implementation schedule sales percentages.

[56 FR 25742, June 5, 1991, as amended at 57 FR 31899, July 17, 1992; 59 
FR 48495, Sept. 21, 1994; 60 FR 34335, June 30, 1995; 62 FR 47120, Sept. 
5, 1997]



Sec. 86.094-13  Light-duty exhaust durability programs.

    (a)(1) This section describes the various durability programs 
available to manufacturers for determining exhaust deterioration factors 
(DFs) for the certification of 1994 and beyond model year light-duty 
vehicles and light-duty trucks. While this section describes many of the 
important elements of these durability programs, it is not intended as 
an exhaustive list of all requirements applicable either to these 
programs or to the certification process.
    (2) The durability programs consist of various elements, such as a 
statement of applicability, a service accumulation method, vehicle/
component selection methods, durability data vehicle compliance 
requirements, in-use verification requirements, optional elements, data 
reporting requirements, and additional requirements. Cross references to 
other sections in this subpart are indicated where appropriate.
    (b) The following table summarizes the durability programs available 
to all manufacturers of light-duty vehicles and light-duty trucks. The 
Tier 1 and Tier 0 standards cited in the table are those specified in 
Sec. 86.094-8 (for light-duty vehicles) and Sec. 86.094-9 (for light-
duty trucks). The durability programs described in this section are 
separate and distinct alternatives, such that determination of an 
exhaust deterioration factor under one program does not require 
compliance with the requirements of a different durability program.

----------------------------------------------------------------------------------------------------------------
               Class                         Standards           Durability program name     Optional elements
----------------------------------------------------------------------------------------------------------------
Light-duty Vehicles................  Tier 1..................  Standard AMA..............  Carryover.
                                                                                           Extrapolation.
                                                                                           Substitute AMA.
                                                               Production AMA............  Carryover.
                                                                                           Extrapolation.
                                                                                           Substitute AMA.
                                                               Alternative Service         Carryover.
                                                                Accumulation.

[[Page 384]]

 
                                     Tier 0..................  Standard AMA..............  Carryover.
                                                                                           Substitute AMA.
                                                               Production AMA............  Carryover.
                                                                                           Substitute AMA.
                                                               Alternative Service         Carryover.
                                                                Accumulation.
Light-duty Trucks..................  Tier 1 & Tier 0.........  Standard Self-Approval....  Carryover.
                                                               Alternative Service         Carryover.
                                                                Accumulation.
----------------------------------------------------------------------------------------------------------------

    (c) Standard AMA durability program--(1) Applicability. The standard 
AMA durability program is applicable to light-duty vehicles in model 
years 1994 and beyond.
    (2) Service accumulation method. The method shall be mileage 
accumulation performed on whole durability data vehicles, using the 
Durability Driving Schedule (commonly referred to as the AMA schedule) 
specified in appendix IV to this part. The provisions of Sec. 86.094-
26(a), which include vehicle weight requirements, the duration of 
mileage accumulation, and the specification of emission tests to be 
performed during the mileage accumulation, shall apply. Scheduled and 
unscheduled maintenance may be performed on the vehicle in accordance 
with the provisions of Sec. 86.094-25.
    (3) Vehicle/component selection method. Durability data vehicles 
shall be selected by the Administrator as required in Sec. 86.090-22(a) 
and in accordance with the provisions of Sec. 86.094-24(c)(1). 
Typically, the Administrator selects one durability data vehicle to 
represent each engine-system combination. The selection of durability 
data vehicles is also governed by Sec. 86.091-7(a)(2)(i)(A), which 
generally requires that vehicles used for certification must be 
representative of production vehicles.
    (4) Durability data vehicle compliance requirements. Durability data 
vehicle compliance requirements for the Standard AMA Durability Program 
are contained in Sec. 86.094-28(a). These include the method of 
calculating deterioration factors, line crossing criteria, and related 
requirements.
    (5) In-use verification. Manufacturer testing of in-use vehicles 
subsequent to certification is not a requirement of the Standard AMA 
Durability Program.
    (6) Optional elements--(i) Extrapolation. Manufacturers selecting 
the Standard AMA Durability Program may petition the Administrator for 
the use of extrapolated mileage accumulation data according to the 
provisions of Sec. 86.094-26(a)(4) for use in certifying light-duty 
vehicles to the Tier 1 standards of Sec. 86.094-8. If use of 
extrapolated data is approved, deterioration factors are determined by 
the method of linear extrapolation described in Sec. 86.094-
28(a)(4)(i).
    (ii) Substitute AMA. Manufacturers selecting the Standard AMA 
Durability Program may petition the Administrator under Sec. 86.094-
26(a)(2)(ii) to substitute a different whole-vehicle mileage 
accumulation schedule for the Durability Driving Schedule (standard AMA) 
specified in appendix IV to this part.
    (iii) Carryover and carryacross. Manufacturers selecting the 
Standard AMA Durability Program may petition. the Administrator for the 
use of carryover or carryacross mileage accumulation data according to 
the provisions of Sec. 86.094-24(f). If use of carryover or carryacross 
data is approved, deterioration factors are determined by the method of 
linear extrapolation described in Sec. 86.094-28(a)(4)(i).
    (7) Data reporting requirements. Data reporting requirements for the 
Standard AMA Durability Program are contained in Sec. Sec. 86.094-21, 
86.094-23(b)(1)(i), and 86.094-26 (a)(6)(ii) and (a)(7).
    (d) Production AMA durability program--(1) Applicability. The 
production AMA durability program is applicable to light-duty vehicles 
in model years 1994 and beyond.
    (2) Service accumulation method. The method shall be mileage 
accumulation performed on whole durability data vehicles, using the 
Durability Driving Schedule (commonly referred to as the AMA schedule) 
specified in appendix IV to this part. The provisions of Sec. 86.094-
26(a), which include vehicle weight requirements, the duration of 
mileage

[[Page 385]]

accumulation, and the specification of emission tests to be performed 
during the mileage accumulation, shall apply. Scheduled and unscheduled 
maintenance may be performed on the vehicle in accordance with the 
provisions of Sec. 86.094-25.
    (3) Vehicle/component selection method. Durability data vehicles 
shall be selected by the Administrator as required in Sec. 86.090-22(a) 
and in accordance with the provisions of Sec. 86.094-24(h). Typically, 
the Administrator selects several random production durability data 
vehicles, up to a maximum of three vehicles per engine family group.
    (4) Durability data vehicle compliance requirements. Durability data 
vehicle compliance requirements for the Production AMA Durability 
Program are contained in Sec. 86.094-28(a)(7). These include the method 
of calculating deterioration factors, line crossing criteria, and 
related requirements.
    (5) In-use verification. The Production AMA Durability Program 
includes no requirement for manufacturer testing of in-use vehicles 
subsequent to certification.
    (6) Optional elements--(i) Extrapolation. Manufacturers selecting 
the Production AMA Durability Program may petition the Administrator for 
the use of extrapolated mileage accumulation data according to the 
provisions of Sec. 86.094-26(a)(4) for use in certifying light-duty 
vehicles to the Tier I standards of Sec. 86.094-8. If use of 
extrapolated data is approved, deterioration factors are determined by 
the method of linear extrapolation described in Sec. 86.094-
28(a)(7)(ii)(B).
    (ii) Substitute AMA. Manufacturers selecting the Production AMA 
Durability Program may petition the Administrator under Sec. 86.094-
26(a)(2)(ii) to substitute a different whole-vehicle mileage 
accumulation schedule for the Durability Driving Schedule (standard AMA) 
specified in appendix IV to this part.
    (iii) Carryover and carryacross. Manufacturers selecting the 
Production AMA Durability Program may petition the Administrator for the 
use of carryover or carryacross mileage accumulation data according to 
the provisions of Sec. 86.094-24(h)(1)(v). If use of carryover or 
carryacross data is approved, deterioration factors are determined by 
the method of linear extrapolation described in Sec. 86.094-
28(a)(7)(ii)(B).
    (7) Data reporting requirements for the Production AMA Durability 
Program are contained in Sec. Sec. 86.094-21, 86.094-23(b)(1)(i), and 
86.094-26 (a)(6)(ii) and (a)(7).
    (8) Additional requirements. (i) For engine families subject to the 
procedures of the Production AMA Durability Program, the manufacturer 
shall submit deterioration factors to the Administrator for approval to 
use them for certification. The Administrator shall approve the use of 
deterioration factors that:
    (A) The manufacturer attests are representative of the durability 
performance of its vehicles in actual field use when maintained 
according to the manufacturer's maintenance instructions (as limited 
under Sec. 86.094-25(a)); and
    (B) Are equal to or greater than the deterioration factors that EPA 
determines under paragraph (d)(8)(ii) of this section.
    (ii) EPA shall determine minimum deterioration factors for engine 
families subject to the Production AMA Durability Program. This 
determination shall be based on a procedure of grouping engine families 
(see Sec. 86.094-24(a)) in order to use historical certification data 
to determine deterioration factors for each engine family group. The 
historical data shall be updated yearly through the testing of 
production durability data vehicles. Test vehicle requirements under 
these procedures are contained in Sec. 86.094-24 (h) and compliance 
requirements are contained in Sec. 86.094-28(a)(7).
    (iii) Request procedures. (A) A manufacturer wishing to participate 
in the Production AMA Durability Program must submit to the 
Administrator, for each model year, a written request describing the 
engine families that the manufacturer elects to be included in the 
program.
    (B) The Administrator may declare ineligible any engine family for 
which the Administrator determines there is unreasonable risk in 
determining a deterioration factor using the methods of

[[Page 386]]

the Production AMA Durability Program. Furthermore, the Administrator 
may limit the number of engine families within the manufacturer's 
product line that are eligible for the Production AMA Durability 
Program.
    (C) Upon approval of the manufacturer's request to participate, the 
Administrator and the manufacturer may enter into a written agreement 
prescribing the terms and conditions of the program. This agreement 
shall be equitable as compared to agreements entered into with other 
manufacturers. The agreement shall specify:
    (1) The engine families to be included in the program and the engine 
family groups that have been established by the provisions of Sec. 
86.094-24(a) (8) and (9);
    (2) The procedures for the selection of production durability data 
vehicles specified under the provisions of Sec. 86.094-24(h); and
    (3) The procedures for the determination of minimum exhaust emission 
deterioration factors for each engine family group.
    (iv) Withdrawal from Production AMA Durability Program. (A) Subject 
to the conditions of paragraphs (d)(8)(iv) (B) through (F) of this 
section, a manufacturer may, at any time, withdraw all of its product 
line or separate engine family groups from this program. Only entire 
engine family groups may be withdrawn.
    (B) Once any engine family in an engine family group is certified 
using deterioration factors determined in the Production AMA Durability 
Program, the manufacturer shall operate and test the production 
durability data vehicles specified in Sec. 86.094-24(h) in accordance 
with the procedures of this part.
    (C) The Administrator shall notify the manufacturer if a 
nonconformity of a category of vehicles within the engine family group 
is indicated by the production durability data. For the purpose of this 
paragraph, a nonconformity is determined to exist if:
    (1) Any emission data vehicle within an engine family of the model 
year most recently certified under the production AMA Durability Program 
is projected to exceed an emission standard by applying deterioration 
factors generated by a production durability data vehicle within the 
same engine family; or
    (2) Any of the most recent model year's production durability data 
vehicle configurations tested under paragraph (d)(8)(iv)(B) of this 
section line crosses as defined in Sec. 86.094-28(a)(7)(ii)(C). For the 
purpose of this paragraph, data from identical vehicles will be averaged 
as under Sec. 86.094-28(a)(4)(i) (A) and (B)
    (D) If the Administrator notifies a manufacturer of such a 
nonconformity, the manufacturer shall submit, by a date specified by the 
Administrator, a plan to remedy the nonconformity which is acceptable to 
the Director, Office of Mobile Sources. For the purpose of this 
paragraph, the term ``remedy the nonconformity'' will have the same 
meaning as it does when it appears in section 207(c)(1) of the Clean Air 
Act (42 U.S.C. 7541(c)(1)).
    (E) The manufacturer shall comply with the terms of the remedial 
plan approved by the Director, Office of Mobile Sources.
    (F) If a manufacturer does not comply with the requirements of 
paragraph (d)(8)(iv) (B), (D), or (E) of this section, the Administrator 
may deem the certificate of conformity for the affected engine families 
void ab initio.
    (e) Alternative Service Accumulation Durability Program--(1) 
Applicability. The Alternative Service Accumulation Durability Program 
is applicable to light-duty vehicles and light-duty trucks in model 
years 1994 and beyond.
    (2) Service accumulation method. (i) The manufacturer shall propose 
a service accumulation method for the Alternative Service Accumulation 
Durability Program, for advance approval by the Administrator. The 
method shall be consistent with good engineering practice and be 
designed to accurately predict the deterioration of the vehicle's 
emissions in actual use over its full useful life.
    (ii) Manufacturers may propose service accumulation methods based 
upon whole-vehicle mileage accumulation, bench aging of individual 
components or systems, or a combination of the two approaches. Bench 
procedures should simulate the aging of components or systems over the 
applicable

[[Page 387]]

durability useful life as defined in Sec. 86.094-2 and should simulate 
cycles and environments found in actual use. For this purpose, 
manufacturers may remove the emission-related components, in whole or in 
part, from the durability vehicle itself and deteriorate them 
independently. Vehicle testing for the purpose of determining 
deterioration factors may include the testing of durability vehicles 
that incorporate such bench-aged components.
    (iii) Service accumulation shall be according to the method approved 
in advance by the Administrator.
    (3) Vehicle/component selection method. The manufacturer shall 
propose a vehicle/component selection method for the Alternative Service 
Accumulation Durability Program for advance approval by the 
Administrator. The vehicle/component selection shall be according to the 
method approved in advance by the Administrator. The selection of 
durability data vehicles and components is also governed by Sec. 
86.091-7(a)(2)(i)(A), which generally requires that vehicles and 
components used for certification must be representative of production 
vehicles and components.
    (4) Durability data vehicle compliance requirements. The 
manufacturer shall propose procedures for the calculation of 
deterioration factors and for the determination of vehicle compliance 
for advance approval by the Administrator. The Administrator may approve 
the use of such procedures if the manufacturer demonstrates that the 
resulting deterioration factors are likely to be representative of the 
in-use performance of the vehicles. The calculation of deterioration 
factors and the determination of vehicle compliance shall be according 
to the procedures approved in advance by the Administrator.
    (5) In-use verification. Manufacturers selecting the Alternative 
Service Accumulation Durability Program shall agree to perform an in-use 
verification program, which shall include testing on in-use vehicles 
certified under the program in the years subsequent to certification. 
The purpose of the in-use verification program is to confirm the 
adequacy of the manufacturer-designed components of the Alternative 
Service Accumulation Durability program. The manufacturer shall propose 
sample sizes, recruitment procedures, testing procedures, optional 
provisions for the cessation of testing in the event the in-use testing 
confirms the adequacy of elements of the Alternative Service 
Accumulation Durability Program, and remedies in the event the in-use 
testing fails to confirm the adequacy of elements of the Alternative 
Service Accumulation Durability program. These and other elements of in-
use verification are subject to advance approval by the Administrator.
    (6) Optional element: Carryover and carryacross. Manufacturers 
selecting the Alternative Service Accumulation Durability Program may 
petition the Administrator for the conditional use of carryover or 
carryacross mileage accumulation data according to the provisions of 
Sec. 86.094-24(f). If use of carryover or carryacross data is approved, 
deterioration factors are determined by the method described in 
paragraph (e)(4) of this section.
    (7) Data reporting requirements. (i) Data reporting requirements for 
the Alternative Service Accumulation Durability Program are contained in 
Sec. Sec. 86.094-21, 86.094-23(b)(1)(i), and 86.094-26(a)(6)(ii) and 
(a)(7).
    (ii) In addition to the reporting of deterioration factors 
determined under paragraph (e)(4) of this section, the manufacturer 
shall provide reliability data that shows to the Administrator's 
satisfaction that all emission-related components are designed to 
operate properly for the durability useful life of the vehicles in 
actual use (or such shorter intervals as permitted in section Sec. 
86.094-25).
    (8) Additional requirements. (i) The manufacturer shall consolidate 
the approved versions for each of the required elements of the 
Alternative Service Accumulation Durability Program into a written 
agreement that documents the details of the program and the 
manufacturer's responsibilities. The manufacturer shall submit this 
agreement for approval by the Administrator as part of the application 
for certification.
    (ii) The manufacturer may amend the written agreement entered into 
pursuant to paragraph (e)(8)(i) of this section

[[Page 388]]

so long as the manufacturer demonstrates to the satisfaction of the 
Administrator that the proposed amendments to the agreement improve upon 
the in-use verification portion of the existing agreement. Such 
amendment to the Alternative Service Accumulation Durability Program 
agreement is subject to the prior approval of the Administrator.
    (iii) The certification requirements described in Sec. 86.094-
30(a)(14) are applicable.
    (f) Standard Self-Approval Durability Program--(1) Applicability. 
The Standard Self-Approval Durability Program is applicable to light-
duty trucks in the 1994 and beyond model years.
    (2) Service accumulation method. The manufacturer shall determine 
the form and extent of service accumulation used in the Standard Self-
Approval Durability Program, according to the provisions of Sec. 
86.094-26(b)(2). The method shall be consistent with good engineering 
practice and be designed to evaluate the mechanisms that are expected to 
cause deterioration of the vehicle's emissions over its full useful 
life.
    (3) Vehicle/component selection method. The manufacturer shall 
determine the vehicle/component selection method for use in the Standard 
Self-Approval Durability Program according to the provisions of Sec. 
86.094-24(c)(2). Manufacturers shall select the vehicles, engines, 
subsystems, or components for each engine-system so that their emissions 
deterioration characteristics may be expected to represent those of in-
use vehicles, based on good engineering judgment. The selection of 
durability data vehicles or components is also governed by Sec. 86.091-
7(a)(2)(A), which generally requires that vehicles and components used 
for certification must be representative of production vehicles and 
components.
    (4) Durability data vehicle compliance requirements. Durability data 
vehicle compliance requirements for the Standard Self-approval 
Durability Program are contained in Sec. 86.094-28(b). These include 
the method of calculating deterioration factors and related 
requirements.
    (5) In-use verification. The Standard Self-Approval Durability 
Program includes no requirement for manufacturer testing of in-use 
vehicles subsequent to certification.
    (6) Data reporting requirements. Data reporting requirements for the 
Standard Self-Approval Durability Program are contained in Sec. Sec. 
86.094-21, 86.094-23(b)(1)(ii), and 86.094-26(d).
    (7) Additional requirement. The Administrator does not approve the 
test procedures for establishing exhaust emission deterioration factors. 
The manufacturer shall submit these procedures and determinations as 
required in Sec. 86.094-21(b)(5)(i)(A).
    (g) Assigned deterioration factor durability program--(1) 
Applicability--(i) Small volume manufacturers. The Assigned 
Deterioration Factor Durability Program is applicable to light-duty 
vehicles and light-duty trucks certified under the small volume 
manufacturer provisions of Sec. Sec. 86.094-1(e) and 86.094-14(b).
    (ii) Small volume engine families. The Assigned Deterioration Factor 
Durability Program is available to light-duty vehicles and light-duty 
trucks certified under the small volume engine family provisions of 
Sec. 86.094-24(e)(2).
    (2) Determination of deterioration factors. No service accumulation 
method or vehicle/component selection method is required. Deterioration 
factors are proposed by the manufacturer or assigned by the 
Administrator based on the provisions of Sec. 86.094-14(c)(7)(i)(C).
    (3) In-use verification. The Assigned Deterioration Factor 
Durability Program includes no requirement for manufacturer testing of 
in-use vehicles subsequent to certification.
    (4) Data reporting requirements. Data reporting requirements for the 
Assigned Deterioration Factor Durability Program are contained in Sec. 
86.094-14 (c)(4), (c)(6), and (c)(11)(ii).

[58 FR 4002, Jan. 12, 1993, as amended at 59 FR 36369, July 18, 1994; 62 
FR 11082, Mar. 11, 1997; 62 FR 44875, Aug. 22, 1997]



Sec. 86.094-14  Small-volume manufacturers certification procedures.

    (a)(1) The small-volume manufacturers certification procedures 
described in paragraphs (b) and (c) of this section are optional. Small-
volume manufacturers may use these optional procedures to demonstrate 
compliance with

[[Page 389]]

the general standards and specific emission requirements contained in 
this subpart.
    (2) To satisfy the durability data requirements of the small-volume 
manufacturers certification procedures, manufacturers of vehicles (or 
engines) as described in paragraph (b) of this section may use assigned 
deterioration factors that the Administrator determines by methods 
described in paragraph (c)(7)(i)(C) of this section. However, if no 
deterioration factor data (either the manufacturer's or industry-wide 
deterioration factor data) are available from previously completed 
durability data vehicles or engines used for certification, 
manufacturers of vehicles (or engines) as described in paragraph (b) of 
this section or with new technology not previously certified may use 
assigned deterioration factors that the Administrator determines by 
alternative methods, based on good engineering judgement. The factors 
that the Administrator determines by alternative methods will be 
published in an advisory letter or advisory circular.
    (b)(1) The optional small-volume manufacturers certification 
procedures apply to light-duty vehicles, light-duty trucks, heavy-duty 
vehicles, and heavy-duty engines produced by manufacturers with U.S. 
sales, including all vehicles and engines imported under the provisions 
of Sec. Sec. 85.1505 and 85.1509 of this chapter (for the model year in 
which certification is sought) of fewer than 10,000 units (Light-Duty 
Vehicles, Light-Duty Trucks, Heavy-Duty Vehicles and Heavy-Duty Engines 
combined).
    (2) For the purpose of determining the applicability of paragraph 
(b)(1) of this section, the sales the Administrator shall use shall be 
the aggregate of the projected or actual sales of those vehicles and/or 
engines in any of these groupings:
    (i) Vehicles and/or engines produced by two or more firms, one of 
which is 10 percent or greater part owned by another;
    (ii) Vehicles and/or engines produced by any two or more firms if a 
third party has equity ownership of 10 percent or more in each of the 
firms;
    (iii) Vehicles and/or engines produced by two or more firms having a 
common corporate officer(s) who is (are) responsible for the overall 
direction of the companies;
    (iv) Vehicles and/or engines imported or distributed by all firms 
where the vehicles and/or engines are manufactured by the same entity 
and the importer or distributor is an authorized agent of the entity.
    (3) If the aggregated sales, as determined in paragraph (b)(2) of 
this section are less than 301 units, the manufacturers in the 
aggregated relationship may certify under the provisions in this section 
that apply to manufacturers with sales of less than 301 units.
    (4) If the aggregated sales, as determined in paragraph (b)(2) of 
this section are greater than 300 but fewer than 10,000 units, the 
manufacturers in the aggregated relationship may certify under the 
provisions in this section that apply to manufacturers with sales from 
and including 301 through 9,999 motor vehicles and motor vehicles 
engines per year.
    (5) If the aggregated sales, as determined in paragraph (b)(2) of 
this section are equal to or greater than 10,000 units, then the 
manufacturers involved in the aggregated relationship will be allowed to 
certify a number of units under the small-volume engine family 
certification procedures (reference Sec. 86.094-24(e)) in accordance 
with the criteria identified in paragraphs (b)(5) (i) through (iii) of 
this section.
    (i) If a manufacturer purchases less than 50 percent of another 
manufacturer, each manufacturer retains its right to certify 9,999 units 
using the small-volume engine family certification procedures.
    (ii) If a manufacturer purchases 50 percent or more of another 
manufacturer, the manufacturer with the over 50 percent interest must 
share, with the manufacturer it purchased, its 9,999 units under the 
small-volume engine family certification procedures.
    (iii) In a joint venture arrangement (50/50 ownership) between two 
manufacturers, each manufacturer retains its eligibility for 9,999 units 
under the small-volume engine family certification procedures, but the 
joint venture must draw its maximum 9,999

[[Page 390]]

units from the units allocated to its parent manufacturers.
    (c) Small-volume manufacturers shall demonstrate compliance with the 
applicable sections of this subpart. The appropriate model year of the 
applicable sections detailed in paragraphs (c) (1) through (15) of this 
section shall be determined in accordance with Sec. 86.084-4.
    (1) Sections 86.094-1, 86.094-2, 86.094-3, 86.084-4, 86.090-5, 
86.078-6, 86.094-7, 86.094-8, 86.094-9, and 86.094-11 are applicable.
    (2) Section 86.080-12 is not applicable.
    (3) Sections 86.094-13, 86.094-14, 86.084-15, and 86.085-20 are 
applicable.
    (4) Small-volume manufacturers shall include in their records all of 
the information that EPA requires in Sec. 86.094-21. This information 
will be considered part of the manufacturer's application for 
certification. However, the manufacturer is not required to submit the 
information to the Administrator unless the Administrator requests it.
    (5) Section 86.094-22 is applicable except as noted in paragraph 
(c)(5)(i) of this section.
    (i) Small-volume light-duty vehicle and light-duty truck 
manufacturers may satisfy the requirements of Sec. 86.094-22(e) by 
including a statement of compliance on adjustable parameters in the 
application for certification. In the statement of compliance the 
manufacturer shall state that the limits, stops, seals, or other means 
used to inhibit adjustment have been designed to accomplish their 
intended purpose based on good engineering practice and past experience. 
If the vehicle parameter is adjustable the vehicle must meet emission 
standards with the parameter set any place within the adjustable range 
(reference Sec. 86.094-21).
    (ii) [Reserved]
    (6) Section 86.094-23 is applicable.
    (7) Section 86.094-24 is applicable except as noted in paragraphs 
(c)(7) (i) through (ii) of this section.
    (i) Small-volume manufacturers may satisfy the requirements of Sec. 
86.094-24 (b) and (c) in accordance with paragraphs (c)(7)(i) (A) 
through (C) of this section.
    (A) Emission data. Selecting one emission data test vehicle (engine) 
per engine family by the worst-case emissions criteria in accordance 
with paragraph (c)(7)(i)(A) (1), (2), or (3) of this section.
    (1) Light-duty vehicles and light-duty trucks. The manufacturer 
shall select the vehicle with the heaviest equivalent test weight 
(including options) within the engine family. Then within that vehicle 
the manufacturer shall select, in the order listed, the highest road 
load power, largest displacement, the transmission with the highest 
numerical final gear ratio (including overdrive), the highest numerical 
axle ratio offered in the engine family, and the maximum fuel flow 
calibration.
    (2) Heavy-duty Otto-cycle engines. The manufacturer shall select one 
emission data engine first based on the largest displacement within the 
engine family. Then within the largest displacement the manufacturer 
shall select, in the order listed, highest fuel flow at the speed of 
maximum rated torque, the engine with the most advanced spark timing, no 
EGR or lowest EGR flow, and no air pump or lowest actual flow air pump.
    (3) Heavy-duty diesel engines. The manufacturer shall select one 
emission data engine based on the highest fuel feed per stroke, 
primarily at the speed of maximum rated torque and secondarily at rated 
speed.
    (B) Testing light-duty vehicles or light-duty truck emission data 
vehicles at any service accumulation distance of at least 2,000 miles 
(3,219 kilometers) or, catalyst equipped heavy-duty emission data 
engines at any service accumulation time of at least 62 hours, or non-
catalyst equipped heavy-duty engine emission data engines at any service 
accumulation time determined by the manufacturer to result in stabilized 
emissions. The emission performance of the emission data vehicle or 
engine must be stabilized prior to emission testing.
    (C) Durability data. Satisfying the durability data requirements by 
complying with the applicable procedures described in paragraphs 
(c)(7)(i)(C) (1) through (4) of this section.
    (1) Manufacturers with aggregated sales of less than 301 motor 
vehicles and motor vehicle engines per year may use assigned 
deterioration factors

[[Page 391]]

that the Administrator determines and prescribes. The factors will be 
the Administrator's estimate, periodically updated and published in an 
advisory letter or advisory circular, of the 70th percentile 
deterioration factors calculated using the industry-wide data base of 
previously completed durability data vehicles or engines used for 
certification. However, the manufacturer may, at its option, accumulate 
miles (hours) on a durability data vehicle (engine) and complete 
emission tests for the purpose of establishing its own deterioration 
factors.
    (2)(i) Manufacturers with aggregated sales from and including 301 
through 9,999 motor vehicles and motor vehicle engines per year 
certifying light-duty vehicle exhaust emissions from vehicles equipped 
with proven emission control systems shall use assigned deterioration 
factors that the manufacturer determines based on its good engineering 
judgment. However, the manufacturer may not use deterioration factors 
less than either the average or 70th percentile of all of that 
manufacturer's deterioration factor data, whichever is less. These 
minimum deterioration factors shall be calculated according to 
procedures in paragraph (c)(7)(i)(C)(2)(ii), of this section. If the 
manufacturer does not have at least two data points to calculate these 
manufacturer specific average deterioration factors, then the 
deterioration factors shall be no less than the EPA supplied industry-
wide deterioration factors. However, the manufacturer may, at its 
option, accumulate miles on a durability data vehicle and complete 
emission tests for the purpose of establishing its own deterioration 
factors.
    (ii) The manufacturer's minimum deterioration factors shall be 
calculated using the deterioration factors from all engine families, 
within the same vehicle/engine-fuel usage category (e.g., gasoline-
fueled light-duty vehicle, etc.) previously certified to the same 
emission standards. The manufacturer shall use only deterioration 
factors from engine families previously certified by the manufacturer 
and the deterioration factors shall not be included in the calculation 
more than once. The deterioration factors for each pollutant shall be 
calculated separately. The manufacturer may, at its option, limit the 
deterioration factors used in the calculation of the manufacturer's 
minimum deterioration factors to those from all similar systems to the 
system being certified if sufficient data (i.e., from at least two 
certified systems) exists. All data eligible to be grouped as similar 
system data shall be used in calculating similar system deterioration 
factors. Any deterioration factors used in calculating similar system 
deterioration factors shall not be included in calculating the 
manufacturer's minimum deterioration factors used to certify any of the 
manufacturer's remaining vehicle systems.
    (3) Manufacturers with aggregated sales from 301 through 9,999 motor 
vehicles and motor vehicle engines and certifying light-duty vehicle 
exhaust emissions from vehicles equipped with unproven emission control 
systems shall use deterioration factors that the manufacturer determines 
from official certification durability data generated by vehicles from 
engine families representing a minimum of 25 percent of the 
manufacturer's sales equipped with unproven emission control systems. 
The sales projections are to be based on total sales projected for each 
engine/system combination. The durability programs applicable to such 
manufacturers for this purpose shall be the Standard AMA, the Production 
AMA and the Alternative Service Accumulation Durability Programs of 
Sec. 86.094-13. The durability data vehicle (engine) mileage 
accumulation and emission tests are to be conducted in accordance with 
Sec. 86.094-13. The manufacturer must develop deterioration factors by 
generating durability data in accordance with Sec. 86.094-13 on a 
minimum of 25 percent of the manufacturer's projected sales (by engine/
system combination) that is equipped with unproven emission control 
systems. The manufacturer must complete the 25 percent durability 
requirement before the remainder of the manufacturer's sales equipped 
with unproven emission control systems is certified using manufacturer-
determined assigned deterioration factors. Alternatively, any of these 
manufacturers may, at their option, accumulate miles on durability

[[Page 392]]

data vehicles and complete emission tests for the purpose of 
establishing their own deterioration factors on the remaining sales.
    (4) For light-duty vehicle, light-duty truck, and heavy-duty vehicle 
evaporative emissions and for light-duty truck, and heavy-duty engine 
exhaust emissions, deterioration factors shall be determined in 
accordance with Sec. 86.094-24.
    (ii) Section 86.094-24(d) and (e) are not applicable.
    (8) Section 86.094-25 is applicable to maintenance performed on 
durability data light-duty vehicles, light-duty trucks, heavy-duty 
vehicles, and heavy-duty engines when the manufacturer completes 
durability data vehicles or engines; Sec. 86.087-38 is applicable to 
the recommended maintenance the manufacturer includes in the maintenance 
instructions furnished the purchasers of new motor vehicles and new 
motor vehicle engines under Sec. 86.087-38.
    (9)(i) Section 86.094-26 is applicable if the manufacturer completes 
durability data vehicles or engines.
    (ii) Section 86.090-27 is applicable.
    (10) Sections 86.094-28 and 86.091-29 are applicable.
    (11)(i) Section 86.094-30 is applicable, except for Sec. 86.094-30 
(a)(2) and (b). In the place of Sec. 86.094-30 (a)(2) and (b), small-
volume manufacturers shall comply with paragraphs (c)(11) (ii) through 
(v) of this section.
    (ii) Small-volume manufacturers shall submit an application for 
certification containing the elements contained in paragraphs 
(c)(11)(ii) (A) through (E) of this section.
    (A) The names, addresses, and telephone numbers of the persons the 
manufacturer authorizes to communicate with us.
    (B) A brief description of the vehicles (or engines) covered by the 
certificate (the manufacturers' sales data book or advertising, 
including specifications, may satisfy this requirement for most 
manufacturers). The description shall include, as a minimum, the items 
listed in paragraphs (c)(11)(ii)(B) (1) through (18) of this section as 
applicable.
    (1) Engine evaporative family names and vehicle (or engine) 
configurations.
    (2) Vehicle carlines or engine models to be listed on the 
certificate of conformity.
    (3) The test weight and horsepower setting for each vehicle or 
engine configuration.
    (4) Projected sales.
    (5) Combustion cycle.
    (6) Cooling mechanism.
    (7) Number of cylinders.
    (8) Displacement.
    (9) Fuel system type.
    (10) Number of catalytic converters, type, volume, composition, 
surface area, and total precious metal loading.
    (11) Method of air aspiration.
    (12) Thermal reactor characteristics.
    (13) Suppliers' and/or manufacturers' name and model number of any 
emission related items of the above, if purchased from a supplier who 
uses the items in its own certified vehicles(s) or engine(s).
    (14) A list of emission component part numbers.
    (15) Drawings, calibration curves, and descriptions of emission 
related components, including those components regulated under Sec. 
86.085-22(e), and schematics of hoses and other devices connecting these 
components.
    (16) Vehicle adjustments or modifications necessary for light-duty 
trucks to assure that they conform to high-altitude standards.
    (17) A description of the light-duty vehicles and light-duty trucks 
which are exempted from the high-altitude emission standards.
    (18) Proof that the manufacturer has obtained or entered an 
agreement to purchase, when applicable, the insurance policy, required 
by Sec. 85.1510(b) of this chapter. The manufacturer may submit a copy 
of the insurance policy or purchase agreement as proof that the 
manufacturer has obtained or entered an agreement to purchase the 
insurance policy.
    (C) The results of all emission tests the manufacturer performs to 
demonstrate compliance with the applicable standards.
    (D)(1) The following statement signed by the authorized 
representative of the manufacturer: ``The vehicles (or engines) 
described herein have been tested in accordance with (list of the 
applicable subparts A, B, D, I, M, N, or P) of

[[Page 393]]

part 86, title 40, Code of Federal Regulations, and on the basis of 
those tests are in conformance with that subpart. All of the data and 
records required by that subpart are on file and are available for 
inspection by the EPA Administrator. We project the total U.S. sales of 
vehicles (engines) subject to this subpart (including all vehicles and 
engines imported under the provisions of Sec. Sec. 85.1505 and 85.1509 
of this chapter to be fewer than 10,000 units.''
    (2) A statement as required by and contained in paragraph (c)(5) of 
this section signed by the authorized representative of the 
manufacturer.
    (3) A statement that the vehicles or engines described in the 
manufacturer's application for certification are not equipped with 
auxiliary emission control devices which can be classified as a defeat 
device as defined in Sec. 86.094-2.
    (4) A statement of compliance with section 206(a)(3) of the Clean 
Air Act (42 U.S.C. 7525(a)(3)).
    (5) A statement that, based on the manufacturer's engineering 
evaluation and/or emission testing, the light-duty vehicles comply with 
emission standards at high altitude unless exempt under Sec. 86.094-
8(h).
    (6) A statement that, based on the manufacturer's engineering 
evaluation and/or emission testing, the light-duty trucks sold for 
principle use at designated high-altitude locations comply with the 
high-altitude emission requirements and that all other light-duty trucks 
are at least capable of being modified to meet high-altitude standards 
unless exempt under Sec. 86.094-9(g)(2).
    (7) A statement affirming that the manufacturer will provide a list 
of emission and emission-related service parts, including part number 
designations and sources of parts, to the vehicle purchaser for all 
emission and emission-related parts which might affect vehicle emission 
performance throughout the useful life of the vehicle. Secondly, it must 
state that qualified service facilities and emission-related repair 
parts will be conveniently available to serve its vehicles. In addition, 
if service facilities are not available at the point of sale or 
distribution, the manufacturer must indicate that the vehicle purchaser 
will be provided information identifying the closest authorized service 
facility to the point of sale, if in the United States, or the closest 
authorized service facility to the point of distribution to the ultimate 
purchaser if the vehicle was purchased outside of the United States by 
the ultimate purchaser. Such information should also be made available 
to the Administrator upon request.
    (E) Manufacturers utilizing deterioration factors determined by the 
manufacturer based on its good engineering judgment (reference paragraph 
(c)(7)(i)(C)(2) of this section) shall provide a description of the 
method(s) used by the manufacturer to determine the deterioration 
factors.
    (iii) If the manufacturer meets the requirements of this subpart, 
the Administrator will issue a certificate of conformity for the 
vehicles or engines described in the application for certification.
    (iv) The certificate will be issued for such a period not to exceed 
one model year as the Administrator may determine and upon such terms as 
he may deem necessary to assure that any vehicle or engine covered by 
the certificate will meet the requirements of the Act and of this 
subpart.
    (v)(A) If, after a review of the statements and descriptions 
submitted by the manufacturer, the Administrator determines that the 
manufacturer has not met the applicable requirements, the Administrator 
shall notify the manufacturer in writing of his intention to deny 
certification, setting forth the basis for his determination. The 
manufacturer may request a hearing on the Administrator's determination.
    (B) If the manufacturer does not request a hearing or present the 
required information, the Administrator will deny certification.
    (12) Sections 86.079-31 and 86.079-32 are not applicable.
    (13) Under Sec. 86.079-33, small-volume manufacturers are covered 
by paragraphs (c)(13) (i) and (ii) of this section.
    (i) Small-volume manufacturers may make production changes (running 
changes) without receiving the Administrator's prior approval. The 
manufacturer shall assure (by conducting emission tests as it deems 
necessary) that

[[Page 394]]

the affected vehicles (engines) remain in compliance with the 
requirements of this part.
    (ii) The manufacturer shall notify the Administrator within seven 
days after implementing any production related change (running change) 
that would affect vehicle emissions. This notification shall include any 
changes to the information required under paragraph (c)(11)(ii) of this 
section. The manufacturer shall also amend as necessary its records 
required under paragraph (c)(4) of this section to confirm with the 
production design change.
    (14) Section 86.082-34 is not applicable.
    (15) Sections 86.094-35, 86.079-36, 86.085-37, 86.087-38 and 86.079-
39 are applicable.

[58 FR 4006, Jan. 12, 1993, as amended at 61 FR 127, Jan. 3, 1996]



Sec. 86.094-15  NOX and particulate averaging, trading, and banking for 
heavy-duty engines.

    (a)(1) Heavy-duty engines eligible for NOX and 
particulate averaging, trading and banking programs are described in the 
applicable emission standards sections in this subpart. All heavy-duty 
engine families which include any engines labeled for use in clean-fuel 
vehicles as specified in 40 CFR part 88 are not eligible for these 
programs. Participation in these programs is voluntary.
    (2)(i) Engine families with FELs exceeding the applicable standard 
shall obtain emission credits in a mass amount sufficient to address the 
shortfall. Credits may be obtained from averaging, trading, or banking, 
within the averaging set restrictions described in this section.
    (ii) Engine families with FELs below the applicable standard will 
have emission credits available to average, trade, bank or a combination 
thereof. Credits may not be used for averaging or trading to offset 
emissions that exceed an FEL. Credits may not be used to remedy an in-
use nonconformity determined by a Selective Enforcement Audit or by 
recall testing. However, credits may be used to allow subsequent 
production of engines for the family in question if the manufacturer 
elects to recertify to a higher FEL.
    (iii) Credits scheduled to expire in the earliest model year shall 
be used, prior to using other available credits, to offset emissions of 
engine families with FELs exceeding the applicable standard.
    (b) Participation in the NOX and/or particulate 
averaging, trading, and banking programs shall be done as follows.
    (1) During certification, the manufacturer shall:
    (i) Declare its intent to include specific engine families in the 
averaging, trading and/or banking programs. Separate declarations are 
required for each program and for each pollutant (i.e., NOX 
and particulate).
    (ii) Declare an FEL for each engine family participating in one or 
more of these three programs.
    (A) The FEL must be to the same level of significant digits as the 
emission standard (one-tenth of a gram per brake horsepower for 
NOX emissions and one-hundredth of a gram per brake 
horsepower-hour for particulate emissions).
    (B) In no case may the FEL exceed the upper limit prescribed in the 
section concerning the applicable heavy-duty engine NOX and 
particulate emission standards.
    (iii) Calculate the projected emission credits () based on quarterly production projections for each 
participating family and for each pollutant (NOX and 
particulate), using the applicable equation in paragraph (c) of this 
section and the applicable factors for the specific engine family.
    (iv)(A) Determine and state the source of the needed credits 
according to quarterly projected production for engine families 
requiring credits for certification.
    (B) State where the quarterly projected credits will be applied for 
engine families generating credits.
    (C) Credits may be obtained from or applied to only engine families 
within the same averaging set as described in paragraphs (d) and (e) of 
this section. Credits available for averaging, trading, or banking as 
defined in Sec. 86.090-2, may be applied exclusively to a given engine 
family, or reserved as defined in Sec. 86.091-2.

[[Page 395]]

    (2) Based on this information each manufacturer's certification 
application must demonstrate:
    (i) That at the end of model year production, each engine family has 
a net emissions credit balance of zero or more using the methodology in 
paragraph (c) of this section with any credits obtained from averaging, 
trading or banking.
    (ii) The source of the credits to be used to comply with the 
emission standard if the FEL exceeds the standard, or where credits will 
be applied if the FEL is less than the emission standard. In cases where 
credits are being obtained, each engine family involved must state 
specifically the source (manufacturer/engine family) of the credits 
being used. In cases where credits are being generated/supplied, each 
engine family involved must state specifically the designated use 
(manufacturer/engine family or reserved) of the credits involved. All 
such reports shall include all credits involved in averaging, trading or 
banking.
    (3) During the model year manufacturers must:
    (i) Monitor projected versus actual production to be certain that 
compliance with the emission standards is achieved at the end of the 
model year.
    (ii) Provide the end-of-model year reports required under Sec. 
86.091-23.
    (iii) For manufacturers participating in emission credit trading, 
maintain the quarterly records required under Sec. 86.091-7(c)(8).
    (4) Projected credits based on information supplied in the 
certification application may be used to obtain a certificate of 
conformity. However, any such credits may be revoked based on review of 
end-of-model year reports, follow-up audits, and any other compliance 
measures deemed appropriate by the Administrator.
    (5) Compliance under averaging, banking, and trading will be 
determined at the end of the model year. Engine families without an 
adequate amount of NOX and/or particulate emission credits 
will violate the conditions of the certificate of conformity. The 
certificates of conformity may be voided ab initio for engine families 
exceeding the emission standard.
    (6) If EPA or the manufacturer determines that a reporting error 
occurred on an end-of-year report previously submitted to EPA under this 
section, the manufacturer's credits and credit calculations will be 
recalculated. Erroneous positive credits will be void. Erroneous 
negative balances may be adjusted by EPA for retroactive use.
    (i) If EPA review of a manufacturer's end-of-year report indicates a 
credit shortfall, the manufacturer will be permitted to purchase the 
necessary credits to bring the credit balance for that engine family to 
zero, at the ratio of 1.2 credits purchased for every credit needed to 
bring the balance to zero. If sufficient credits are not available to 
bring the credit balance for the engine family in question to zero, EPA 
may void the certificate for that engine family ab initio.
    (ii) If within 180 days of receipt of the manufacturer's end-of-year 
report, EPA review determines a reporting error in the manufacturer's 
favor (i.e. resulting in a positive credit balance) or if the 
manufacturer discovers such an error within 180 days of EPA receipt of 
the end-of-year report, the credits will be restored for use by the 
manufacturer.
    (c)(1) For each participating engine family, NOX and 
particulate emission credits (positive or negative) are to be calculated 
according to one of the following equations and rounded, in accordance 
with ASTM E29-67, to the nearest one-tenth of a Megagram (Mg). 
Consistent units are to be used throughout the equation.

    For determining credit need for all engine families and credit 
availability for engine families generating credits for averaging 
programs only:

Emission credits = (Std FEL) x (CF) x (UL) x (Production) x 
    (10-6)

    For determining credit availability for engine families generating 
credits for trading or banking programs:

Emission credits = (Std FEL) x (CF) x (UL) x (Production) x 
    (10-6) x (0.8)

Where:

Std = the current and applicable heavy-duty engine NOX or 
particulate emission standard in grams per brake horsepower hour or 
grams per Megajoule.

[[Page 396]]

FEL = the NOX or particulate family emission limit for the 
engine family in grams per brake horsepower-hour or grams per Megajoule.
CF = a transient cycle conversion factor in BHP-hr/mi or MJ/mi, as given 
in paragraph (c)(2) of this section.
UL = the useful life, or alternative life as described in paragraph (f) 
of Sec. 86.090-21, for the given engine family in miles.
Production = the number of engines produced for U.S. sales within the 
given engine family during the model year. Quarterly production 
projections are used for initial certification. Actual production is 
used for end-of-year compliance determination.
0.8 = a one-time discount applied to all credits to be banked or traded 
within the model year generated. Banked credits traded in a subsequent 
model year will not be subject to an additional discount. Banked credits 
used in a subsequent model year's averaging program will not have the 
discount restored.

    (2) The transient cycle conversion factor is the total (integrated) 
cycle brake horsepower- hour or Megajoules, divided by the equivalent 
mileage of the applicable transient cycle. For Otto-cycle-heavy duty 
engines, the equivalent mileage is 6.3 miles. For diesel heavy-duty 
engines, the equivalent mileage is 6.5 miles. When more than one 
configuration is chosen by EPA to be tested in the certification of an 
engine family (as described in Sec. 86.085-24), the conversion factor 
used is to be based upon the configuration generating the highest 
conversion factor when determining credit need for a family and the 
lowest conversion factor when determining credit availability from a 
family for banking, trading and averaging.
    (d) Averaging sets for NOX emission credits: The averaging and 
trading of NOX emission credits will only be allowed between 
heavy-duty engine families in the same averaging set and in the same 
regional category. Engines produced for sale in California constitute a 
separate regional category than engines produced for sale in the other 
49 states. Banking and trading are not applicable to engines sold in 
California. The averaging sets for the averaging and trading of 
NOX emission credits for heavy-duty engines are defined as 
follows:
    (1) For Otto-cycle heavy-duty engines:
    (i) Otto-cycle heavy-duty engines constitute an averaging set. 
Averaging and trading among all Otto-cycle heavy-duty engine families is 
allowed. There are no subclass restrictions.
    (ii) Gasoline-fueled heavy-duty vehicles certified under the 
provisions of Sec. 86.085-1 (b) may not average or trade credits with 
gasoline fueled heavy-duty Otto-cycle engines, but may average or trade 
credits with light-duty trucks.
    (2) For diesel cycle heavy-duty engines:
    (i) Each of the three primary intended service classes for heavy-
duty diesel engines, as defined in Sec. 86.090-2, constitute an 
averaging set. Averaging and trading among all diesel-cycle engine 
families within the same primary service class is allowed.
    (ii) Urban buses are treated as members of the primary intended 
service class where they otherwise would fall.
    (e) Averaging sets for particulate emission credits. The averaging 
and trading of particulate emission credits will only be allowed between 
diesel cycle heavy-duty engine families in the same averaging set and in 
the same regional category. Engines produced for sale in California 
constitute a separate regional category than engines produced for sale 
in the other 49 states. Banking and trading are not applicable to 
engines sold in California. The averaging sets for the averaging and 
trading of particulate emission credits for diesel cycle heavy-duty 
engines are defined as follows:
    (1) Engines intended for use in urban buses constitute a separate 
averaging set from all other heavy-duty engines. Averaging and trading 
between diesel cycle bus engine families is allowed.
    (2) For heavy-duty engines, exclusive of urban bus engines, each of 
the three primary intended service classes for heavy-duty diesel cycle 
engines, as defined in Sec. 86.090-2, constitute an averaging set. 
Averaging and trading between diesel-cycle engine families within the 
same primary service class is allowed.
    (3) Otto cycle engines may not participate in particulate averaging, 
trading, or banking.
    (f) Banking of NOX and particulate emission credits:

[[Page 397]]

    (1) Credit deposits. (i) NOX and particulate emission 
credits may be banked from engine families produced in any model year.
    (ii) Manufacturers may bank credits only after the end of the model 
year and after actual credits have been reported to EPA in the end-of-
year report. During the model year and before submittal of the end-of-
year report, credits originally designated in the certification process 
for banking will be considered reserved and may be redesignated for 
trading or averaging.
    (2) Credit withdrawals. (i) After being generated, banked credits 
shall be available for use within three model years following the model 
year in which they were generated. Credits not used within the period 
specified above shall be forfeited.
    (ii) Manufacturers withdrawing banked emission credits shall 
indicate so during certification and in their credit reports, as 
described in Sec. 86.091-23.
    (3) Use of banked emission credits. The use of banked credits shall 
be within the averaging set and other restrictions described in 
paragraphs (d) and (e) of this section, and only for the following 
purposes:
    (i) Banked credits may be used in averaging, or in trading, or in 
any combination thereof, during the certification period. Credits 
declared for banking from the previous model year but not reported to 
EPA may also be used. However, if EPA finds that the reported credits 
can not be proven, they will be revoked and unavailable for use.
    (ii) Banked credits may not be used for NOX or 
particulate averaging and trading to offset emissions that exceed an 
FEL. Banked credits may not be used to remedy an in-use nonconformity 
determined by a Selective Enforcement Audit or by recall testing. 
However, banked credits may be used for subsequent production of the 
engine family if the manufacturer elects to recertify to a higher FEL.
    (g)(1) The following paragraphs assume NOX and 
particulate nonconformance penalties (NCPs) will be available for the 
1991 and later model year HDEs.
    (2) Engine families using NOX and/or particulate NCPs but 
not involved in averaging:
    (i) May not generate either NOX or particulate credits 
for banking and trading.
    (ii) May not use either NOX or particulate credits from 
banking and trading.
    (3) If a manufacturer has any engine family to which application of 
NCPs and banking and trading credits is desired, that family must be 
separated into two distinct families. One family, whose FEL equals the 
standard, must use NCPs only while the other, whose FEL does not equal 
the standard, must use credits only.
    (4) If a manufacturer has any engine family in a given averaging set 
which is using NOX and/or particulate NCPs, none of that 
manufacturer's engine families in that averaging set may generate 
credits for banking and trading.
    (h) In the event of a negative credit balance in a trading 
situation, both the buyer and the seller would be liable.
    (i) Certification fuel used for credit generation must be of a type 
that is both available in use and expected to be used by the engine 
purchaser. Therefore, upon request by the Administrator, the engine 
manufacturer must provide information acceptable to the Administrator 
that the designated fuel is readily available commercially and would be 
used in customer service.

[55 FR 30627, July 26, 1990, as amended at 59 FR 14110, Mar. 25, 1994; 
59 FR 50073, Sept. 30, 1994]



Sec. 86.094-16  Prohibition of defeat devices.

    (a) No new gasoline-fueled light-duty vehicle or light-duty truck 
shall be equipped with a defeat device.
    (b) The Administrator may test or require testing on any vehicle at 
a designated location, using driving cycles and conditions which may 
reasonably be expected to be encountered in normal operation and use, 
for the purposes of investigating a potential defeat device.
    (c) For cold temperature CO emission control, the Administrator will 
use a guideline to determine the appropriateness of the CO emission 
control at ambient temperatures between 25 [deg]F (-4 [deg]C) and 68 
[deg]F (20 [deg]C). The guideline for

[[Page 398]]

CO emission congruity across the intermediate temperature range is the 
linear interpolation between the CO standard applicable at 25 [deg]F (-4 
[deg]C) and the CO standard applicable at 68 [deg]F (20 [deg]C). For 
vehicles that exceed this CO emissions guideline upon intermediate 
temperature cold testing:
    (1) If the CO emission level is greater than the 20 [deg]F (-7 
[deg]C) emission standard, the vehicle will automatically be considered 
to be equipped with a defeat device without further investigation.
    (2) If the CO emission level does not exceed the 20 [deg]F emission 
standard, the Administrator may investigate the vehicle design for the 
presence of a defeat device under paragraph (d) of this section.
    (d) For vehicle designs designated by the Administrator to be 
investigated for possible defeat devices:
    (1) The manufacturer must show to the satisfaction of the 
Administrator that the vehicle design does not incorporate strategies 
that unnecessarily reduce emission control effectiveness exhibited 
during the Federal emissions test procedure when the vehicle is operated 
under conditions which may reasonably be expected to be encountered in 
normal operation and use.
    (2) Information Submissions Required:
    (i) The manufacturer will provide an explanation containing detailed 
information (including information which the Administrator may request 
to be submitted) regarding test programs, engineering evaluations, 
design specifications, calibrations, on-board computer algorithms, and 
design strategies incorporated for operation both during and outside of 
the Federal emission test procedure.
    (ii) For purposes of investigations of possible cold temperature CO 
defeat devices under this paragraph (d), the manufacturer shall provide 
an explanation which must show, to the satisfaction of the 
Administrator, that CO emissions are reasonably controlled in reference 
to the linear guideline, across the intermediate temperature range.

[57 FR 31900, July 17, 1992]



Sec. 86.094-17  Emission control diagnostic system for 1994 and later 
light-duty vehicles and light-duty trucks.

    (a) All light-duty vehicles and light-duty trucks shall be equipped 
with an emission control diagnostic system capable of identifying, for 
each vehicle's useful life, the following types of deterioration or 
malfunction which could cause emission increases greater than or 
exceeding the following threshold levels as measured and calculated in 
accordance with test procedures set forth in subpart B of this part. 
Paragraphs (a)(2) and (a)(3) of this section do not apply to diesel 
cycle light-duty vehicles or light-duty trucks. Paragraphs (a)(1) 
through (a)(4) of this section do not apply to natural gas-fueled light-
duty vehicles and light-duty trucks until the 1998 model year.
    (1) Catalyst deterioration before it results in both an exhaust 
emission exceedance of 0.6 g/mi HC and an exhaust emission increase of 
0.4 g/mi HC.
    (2) Engine misfire before it results in an exhaust emission increase 
of greater than 0.4 g/mi HC, 3.4 g/mi CO, or 1.0 g/mi NOX.
    (3) Oxygen sensor deterioration before it results in an exhaust 
emission increase of greater than 0.2 g/mi HC, 1.7 g/mi CO, or 0.5 g/mi 
NOX.
    (4) Any other deterioration or malfunction within the powertrain 
which occurs in actual use and which results in an exhaust emission 
increase of greater than 0.2 g/mi HC, 1.7 g/mi CO, or 0.5 g/mi 
NOX. or any vapor leak which results in an evaporative 
emissions increase of greater than 30.0 g/test measured over the first 
24 hours of the diurnal portion of the revised evaporative emissions 
test procedure, in accordance with test procedures set forth in subpart 
B of this part, for vehicles certified to that test procedure.
    (b)(1) The electronic evaporative emission purge control, if 
equipped, and all emission-related powertrain components connected to a 
computer shall, at a minimum, be monitored for circuit continuity. In 
lieu of monitoring circuit continuity, a functional system check may be 
performed provided the manufacturer can demonstrate that the functional 
check is equivalent or superior to the circuit

[[Page 399]]

continuity monitor. All components required by these regulations to be 
monitored shall be evaluated periodically, but no less frequently than 
once per Urban Dynamometer Driving Schedule as defined in appendix I, 
paragraph (a), of this part, or similar trip.
    (2) For non-diesel cycle light-duty vehicles and light-duty trucks, 
the emission control diagnostic system shall at a minimum, monitor 
catalytic converters and oxygen sensors and shall detect misfiring 
cylinders.
    (3) Oxygen sensor deterioration or malfunction which renders that 
sensor incapable of performing its function as part of the OBD system 
shall be identified on vehicles so equipped.
    (c) The emission control diagnostic system shall incorporate a 
malfunction indicator light (MIL) readily visible to the vehicle 
operator. When illuminated, it shall display ``Check Engine,'' ``Service 
Engine Soon,'' or a similar phrase approved by the Administrator. A 
vehicle shall not be equipped with more than one general purpose 
malfunction indicator light for emission-related problems; separate 
specific purpose warning lights (e.g. brake system, fasten seat belt, 
oil pressure, etc.) are permitted. The use of red for the OBD-related 
malfunction indicator light is prohibited.
    (d) The MIL shall illuminate and remain illuminated when any of the 
conditions specified in paragraphs (a) and (b) of this section are met, 
or whenever the engine control enters a default or secondary mode of 
operation. The MIL shall blink under any period of operation during 
which engine misfire is occurring at a level likely to cause catalyst 
damage as determined by the manufacturer. The MIL shall also illuminate 
when the vehicle's ignition is in the ``key-on'' position before engine 
starting or cranking and extinguish after engine starting if no 
malfunction has previously been detected. If a fuel system or engine 
misfire malfunction has previously been detected, the MIL may be 
extinguished if the malfunction does not reoccur during three subsequent 
sequential trips during which engine speed is within 375 rpm, engine 
load is within 10 percent, and the engine's warm-up status is the same 
as that under which the malfunction was first detected, and no new 
malfunctions have been detected. If any malfunction other than a fuel 
system or engine misfire malfunction has been detected, the MIL may be 
extinguished if the malfunction does not reoccur during three subsequent 
sequential trips during which the monitoring system responsible for 
illuminating the MIL functions without detecting the malfunction, and no 
new malfunctions have been detected.
    (e)(1) The emission control diagnostic system shall record code(s) 
indicating the status of the emission control system. Absent the 
presence of any fault codes, separate status codes shall be used to 
identify correctly functioning emission control systems and those 
emission control systems which need further vehicle operation to be 
fully evaluated. Fault codes shall be stored for deterioration or 
malfunction causing MIL illumination; the fault code shall identify the 
type of malfunction.
    (2) For a single misfiring cylinder, the fault code(s) shall 
identify the cylinder, unless the manufacturer submits data and/or an 
engineering evaluation which adequately demonstrate that the misfiring 
cylinder cannot be reliably identified under certain operating 
conditions; multiple misfiring cylinders need not be uniquely identified 
if a distinct multiple misfire fault code is stored.
    (3) A fault code shall be stored when the emission control system 
reverts to a default or secondary mode of operation.
    (4) The diagnostic system may erase a fault code if the same fault 
is not re-registered in at least 40 engine warm-up cycles, and the 
malfunction indicator light (see paragraph (d) of this section) is not 
illuminated for that fault code.
    (f) Available Diagnostic Signals. (1) Upon determination of the 
first malfunction of any component or system, ``freeze frame'' engine 
conditions present at the time shall be stored in computer memory. 
Should a subsequent fuel system or misfire malfunction occur, any 
previously stored freeze frame conditions shall be replaced by the fuel 
system or misfire conditions (whichever occurs first). Stored engine 
conditions shall include, but are not

[[Page 400]]

limited to: Engine speed, open or closed loop operation, fuel system 
commands, coolant temperature, calculated load value, fuel pressure, 
vehicle speed, air flow rate, and intake manifold pressure if the 
information needed to determine these conditions is available to the 
computer. For freeze frame storage, the manufacturer shall include the 
most appropriate set of conditions to facilitate effective repairs. If 
the fault code causing the conditions to be stored is erased in 
accordance with paragraph (c) of this section, the stored engine 
conditions may also be erased.
    (2) The following signals in addition to the required freeze frame 
information shall be made available on demand through the serial port on 
the standardized data link connector, if the information is available to 
the on-board computer or can be determined using information available 
to the on-board computer: Diagnostic trouble codes, engine coolant 
temperature, fuel control system status (closed loop, open loop, other), 
fuel trim, ignition timing advance, intake air temperature, manifold air 
pressure, air flow rate, engine RPM, throttle position sensor output 
value, secondary air status (upstream, downstream, or atmosphere), 
calculated load value, vehicle speed, and fuel pressure. The signals 
shall be provided in standard units based on SAE specifications 
incorporated by reference in paragraph (h) of this section. Actual 
signals shall be clearly identified separately from default value or 
limp home signals. In addition, the capability to perform bi-directional 
diagnostic control based on SAE specifications shall be made available 
on demand through the serial port on the standardized data link 
connector per SAE specifications as referenced in paragraph (h) of this 
section.
    (3) For all emission control components and systems for which 
specific on-board evaluation tests are conducted (catalyst, oxygen 
sensor, etc.), the results of the most recent test performed by the 
vehicle, and the limits to which the system is compared shall be 
available through the data link per SAE J1979 specifications as 
referenced in paragraph (h) of this section beginning no later than the 
1997 model year. The Administrator may allow a pass/fail indication for 
the most recent test results for those monitored components and systems 
for which such an indication is more appropriate (e.g., misfire 
detection, fuel system monitoring, etc.).
    (4) The OBD requirements to which the vehicle is certified (i.e., 
California OBD II or Federal OBD), and the major emission control 
systems monitored by the OBD system consistent with paragraph (h)(3) of 
this section, shall be available through the serial data port on the 
standardized data link connector per SAE specifications as referenced in 
paragraph (h) of this section.
    (g) The emission control diagnostic system is not required to 
evaluate components during malfunction conditions if such evaluation 
would result in a risk to safety or component failure.
    (h) The emission control diagnostic system shall provide for 
standardized access and conform with the following Society of Automotive 
Engineers (SAE) standards. The following SAE documents are incorporated 
by reference. This incorporation by reference was approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. Copies of the SAE documents may be obtained from the 
Society of Automotive Engineers, Inc., 400 Commonwealth Drive, 
Warrendale, PA 15096-0001. Copies may be inspected at Docket No. A-90-35 
at EPA's Air docket (LE-131), room 1500 M, 1st Floor, Waterside Mall, 
401 M St., SW., Washington, DC, or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal--register/code--of--federal--regulations/ibr--locations.html.
    (1) SAE J1850 ``Class B Data Communication Network Interface,'' 
(AUG91) shall be used as the on-board to off-board communications 
protocol. All emission related messages sent to the scan tool over a 
J1850 data link shall use the Cyclic Redundancy Check and the three byte 
header, and shall not use inter-byte separation or checksums.

[[Page 401]]

    (2) Basic diagnostic data (as specified in Sec. 86.094-17(f)) shall 
be provided in the format and units in SAE J1979 ``E/E Diagnostic Test 
Modes,'' (DEC91). Basic bi-directional diagnostic capability shall be 
available and be consistent with SAE J1979 messages.
    (3) Fault codes shall be consistent with SAE J2012 ``Recommended 
Format and Messages for Diagnostic Trouble Code Definitions,'' (MAR92) 
Part C.
    (4) The connection interface between the OBD system and test 
equipment and diagnostic tools shall meet the functional requirements of 
SAE J1962 ``Diagnostic Connector,'' (JUN92).
    (5) Limitation of Access--Any limitation of access to the diagnostic 
system shall be consistent with Sec. 86.094-18. Access to vehicle 
calibration data, vehicle odometer, and keyless entry codes can be 
limited under the provisions of Sec. 86.094.
    (i) Upon application by the manufacturer, the Administrator may 
either waive the requirements of this section for specific components of 
any class or category of light-duty vehicles or light-duty trucks for 
model years 1994 or 1995 (or both), or through the 1999 model year, the 
Administrator may accept an OBD system as compliant even though specific 
requirements are not fully met. Such waivers or compliances without 
meeting specific requirements will be granted only if compliance would 
be infeasible or unreasonable considering such factors as, but not 
limited to, technical feasibility, lead time and production cycles 
including phase-in or phase-out of engines or vehicle designs and 
programmed upgrades of computers, and if any unmet requirements are not 
carried over from the previous model year except where unreasonable 
hardware modifications would be necessary to correct the non-compliance, 
and the manufacturer has demonstrated an acceptable level of effort 
toward compliance as determined by the Administrator. For alternate 
fueled vehicles (i.e. natural gas, liquefied petroleum gas, or 
methanol), beginning with the model year for which alternate fuel 
emission standards are applicable and extending through the 1999 model 
year, manufacturers may request the Administrator to waive specific 
monitoring requirements of this section for which monitoring may not be 
reliable with respect to the use of the alternate fuel. At a minimum, 
all vehicles covered by this section, including those receiving a waiver 
as described in this paragraph, shall be equipped with an OBD system 
meeting either the California OBD I requirements, or some acceptable 
portion of the California OBD II or federal OBD requirements as 
specified in this section, except that for the 1994 and 1995 model years 
EPA may grant a waiver to a system less than OBD I giving consideration 
to such factors as manufacturer projections of very low sales volume for 
an engine family (e.g., 5000 or less), scheduled phase-out of 
significant engine technology with the 1994 or 1995 model years for that 
engine family, and whether or not the engine, or any similar engine 
within the manufacturer's product line, has ever been equipped with an 
OBD I or similar OBD system.
    (j) Demonstration of compliance with California OBD II requirements 
(Title 13 California Code section 1968.1)as modified pursuant to 
California Mail Out 95-34 (September 26, 1995), shall satisfy 
the requirements of this section through the 1998 model year except that 
compliance with Title 13 California Code section 1968.1(d), pertaining 
to tampering protection, is not required to satisfy the requirements of 
this section.

[58 FR 9485, Feb. 19, 1993, as amended at 59 FR 48497, Sept. 21, 1994; 
59 FR 15247, Mar. 23, 1995; 60 FR 37945, July 25, 1995; 60 FR 39266, 
Aug. 2, 1995; 61 FR 45903, Aug. 30, 1996; 63 FR 7719, Feb. 17, 1998]



Sec. 86.094-21  Application for certification.

    (a) A separate application for a certificate of conformity shall be 
made for each set of standards (or family emission limits, as 
appropriate) and each class of new motor vehicles or new motor vehicle 
engines. Such application shall be made to the Administrator by the 
manufacturer and shall be updated and corrected by amendment.
    (b) The application shall be in writing, signed by an authorized 
representative of the manufacturer, and shall include the following:

[[Page 402]]

    (1)(i) Identification and description of the vehicles (or engines) 
covered by the application and a description of their engine (vehicles 
only), emission control system, and fuel system components. This 
description will include:
    (A) A detailed description of each Auxiliary Emission Control Device 
(AECD) to be installed in or on any vehicle (or engine) covered by the 
application;
    (B) A detailed justification of each AECD (described in (b)(1)(i)(A) 
of this section) which results in a reduction in effectiveness of the 
emission control system. Such a justification may be disapproved by 
consideration of currently available technology, whereupon the 
application for certification may be disapproved under Sec. 86.094-
22(b) for the incorporation of a defeat device;
    (C) The manufacturer must submit a Statement of Compliance in the 
application for certification which attests to the fact that they have 
assured themselves that the engine family is designed to be within the 
intermediate temperature cold testing defeat device guidance as 
described in Sec. 86.094-16.
    (1) This Statement of Compliance will be supported by a brief 
description of the vehicle's technological method of controlling CO 
emissions at intermediate temperatures.
    (2) The manufacturer will determine a method (e.g., a test program, 
an engineering evaluation) which is adequate to support their Statement 
of Compliance. The manufacturer will support this Statement with a brief 
summary of the chosen method. Further details must be made available 
upon the Administrator's request.
    (ii)(A) The manufacturer shall provide to the Administrator in the 
application for certification:
    (1) A list of those parameters which are physically capable of being 
adjusted (including those adjustable parameters for which access is 
difficult) and that, if adjusted to settings other than the 
manufacturer's recommended setting, may affect emissions;
    (2) A specification of the manufacturer's intended physically 
adjustable range of each such parameter, and the production tolerances 
of the limits or stops used to establish the physically adjustable 
range;
    (3) A description of the limits or stops used to establish the 
manufacturer's intended physically adjustable range of each adjustable 
parameter, or any other means used to inhibit adjustment;
    (4) The nominal or recommended setting, and the associated 
production tolerances, for each such parameter.
    (B) The manufacturer may provide, in the application for 
certification, information relating to why certain parameters are not 
expected to be adjusted in actual use and to why the physical limits or 
stops used to establish the physically adjustable range of each 
parameter, or any other means used to inhibit adjustment, are effective 
in preventing adjustment of parameters on in-use vehicles to settings 
outside the manufacturer's intended physically adjustable ranges. This 
may include results of any tests to determine the difficulty of gaining 
access to an adjustment or exceeding a limit as intended or recommended 
by the manufacturer.
    (C) The Administrator may require to be provided detailed drawings 
and descriptions of the various emission related components, and/or 
hardware samples of such components, for the purpose of making his 
determination of which vehicle or engine parameter will be subject to 
adjustment for new certification and Selective Enforcement Audit testing 
and of the physically adjustable range for each such vehicle or engine 
parameter.
    (2) Projected U.S. sales data sufficient to enable the Administrator 
to select a test fleet representative of the vehicles (or engines) for 
which certification is requested, and, for model year 1994 through 1995 
light-duty vehicles and light light-duty trucks and model year 1996 
heavy light-duty trucks, data sufficient to determine projected 
compliance with the Tier 1 standards implementation schedules of 
Sec. Sec. 86.094-8 and 86.094-9. The data shall also include the 
altitude of intended sale for model year 1994 light-duty trucks 
certified to the Tier 0 standards of Sec. 86.094-9. Volume projected to 
be produced for U.S. sale may be used in lieu of projected U.S. sales.
    (3) A description of the test equipment and fuel proposed to be 
used.

[[Page 403]]

    (4)(i) For light-duty vehicles and light-duty trucks, a description 
of the test procedures to be used to establish the evaporative emission 
deterioration factors required to be determined and supplied in Sec. 
86.094-23(b)(2).
    (ii) For heavy-duty vehicles equipped with gasoline-fueled or 
methanol-fueled engines, the Administrator does not assume that each 
evaporative emission family-evaporative emission control system 
combination will deteriorate in a unique manner during the useful life 
of the vehicle. The manufacturer shall therefore identify those 
evaporative emission deterioration factors which shall be applied to the 
various evaporative emission family-evaporative emission control system 
combinations which are expected to exhibit similar deterioration 
characteristics during the useful life of the vehicle.
    (5)(i)(A) A description of the test procedures to be used to 
establish the durability data or the exhaust emission deterioration 
factors required to be determined and supplied in Sec. 86.094-23(b)(1).
    (B) For each light-duty truck engine family provided an optional 
useful life period under the provisions of paragraph (f) of this 
section, and for each heavy-duty engine family, a statement of the 
useful life.
    (C) For engine families provided an alternative useful-life period 
under paragraph (f) of this section, a statement of that alternative 
period and a brief synopsis of the justification.
    (ii) For heavy-duty diesel engine families, a statement of the 
primary intended service class (light, medium, or heavy) and an 
explanation as to why that service class was selected. Each diesel 
engine family shall be certified under one primary intended service 
class only. After reviewing the guidance in Sec. 86.090-2, the class 
shall be determined on the basis of which class best represents the 
majority of the sales of that engine family.
    (iii)(A) For each light-duty vehicle engine family, each light-duty 
truck engine family, and each heavy-duty engine family, a statement of 
recommended maintenance and procedures necessary to assure that the 
vehicles (or engines) covered by a certificate of conformity in 
operation conform to the regulations, and a description of the program 
for training of personnel for such maintenance, and the equipment 
required.
    (B) A description of vehicle adjustments or modifications necessary, 
if any, to assure that light-duty vehicles and light-duty trucks covered 
by a certificate of conformity conform to the regulations while being 
operated at any altitude locations, and a statement of the altitude at 
which the adjustments or modifications apply.
    (iv) At the option of the manufacturer, the proposed composition of 
the emission data test fleet or (where applicable) the durability data 
test fleet.
    (6) Participation in averaging programs--(i) Particulate averaging. 
(A) If the manufacturer elects to participate in the particulate 
averaging program for diesel light-duty vehicles and/or diesel light-
duty trucks or the particulate averaging program for heavy-duty diesel 
engines, the application must list the family particulate emission limit 
and the projected U.S. production volume of the family for the model 
year.
    (B) The manufacturer shall choose the level of the family 
particulate emission limits, accurate to hundredth of a gram per mile or 
hundredth of a gram per brake horsepowerhour for heavy-duty engines.
    (C) The manufacturer may at any time during production elect to 
change the level of any family particulate emission limit(s) by 
submitting the new limit(s) to the Administrator and by demonstrating 
compliance with the limit(s) as described in Sec. Sec. 86.090-2 and 
86.094-28(b)(5)(i).
    (ii) NOX averaging. (A) If the manufacturer elects to participate in 
the NOX averaging program for light-duty trucks or the 
NOX averaging program for heavy-duty engines, the application 
must list the family NOX emission limit and the projected 
U.S. production volume of the family for the model year.
    (B) The manufacturer shall choose the level of the family 
NOX emission limits, accurate to one-tenth of a gram per mile 
or to one-tenth of a gram per brake horsepower-hour for heavy-duty 
engines.

[[Page 404]]

    (C) The manufacturer may at any time during production elect to 
change the level of any family NOX emission limit(s) by 
submitting the new limits to the Administrator and by demonstrating 
compliance with the limit(s) as described in Sec. Sec. 86.088-2 and 
86.094-28(b)(5)(ii).
    (7)(i) For Otto-cycle heavy-duty engines, the application must state 
whether the engine family is being certified for use in all vehicles 
regardless of their Gross Vehicle Weight Rating (see Sec. 86.091-10 
(a)(1)(i) and (a)(3)(i)), or only for use in vehicles with a Gross 
Vehicle Weight Rating greater than 14,000 pounds.
    (ii) If the engine family is being certified for use in all vehicles 
and is being certified to the emission standards applicable to Otto-
cycle engines for use only in vehicles with a Gross Vehicle Weight 
Rating over 14,000 pounds under the provisions of Sec. 86.091-10(a)(3), 
then the application must also attest that the engine family, together 
with all other engine families being certified under the provisions of 
Sec. 86.091-10(a)(3), represent no more than 5 percent of model year 
sales of the manufacturer of all Otto-cycle heavy-duty engines for use 
in vehicles with Gross Vehicle Weight Ratings of up to 14,000 pounds.
    (8) For each light-duty vehicle or light-duty truck engine family, 
the exhaust emission standards (or family emission limits, if 
applicable) to which the engine family is to be certified, and the 
corresponding exhaust emission standards (or family emission limits, if 
applicable) which the engine family must meet in-use.
    (c) Complete copies of the application and of any amendments 
thereto, and all notifications under Sec. Sec. 86.079-32, 86.079-33, 
and 86.082-34 shall be submitted in such multiple copies as the 
Administrator may require.
    (d) Incomplete light-duty trucks shall have a maximum completed curb 
weight and maximum completed frontal area specified by the manufacturer.
    (e) For vehicles equipped with gasoline-fueled or methanol-fueled 
heavy-duty engines, the manufacturer shall specify a maximum nominal 
fuel tank capacity for each evaporative emission family-evaporative 
emission control system combination.
    (f) Light-duty truck and heavy-duty engine manufacturers who believe 
that the useful life periods of Sec. 86.094-2 are significantly 
unrepresentative for one or more engine families (either too long or too 
short), may petition the Administrator to provide an alternative useful-
life period. This petition must include the full rationale behind the 
request together with any supporting data and other evidence. Based on 
this or other information the Administrator may assign an alternative 
useful-life period. Any petition should be submitted in a timely manner, 
to allow adequate time for a thorough evaluation. For model year 1994 
and later light-duty trucks not subject to the Tier 0 standards of Sec. 
86.094-9, alternative useful life periods will be granted only for THC, 
THCE, and idle CO requirements.
    (g) The manufacturer shall identify those families which will not 
comply with cold temperature carbon monoxide standards.
    (h) For each engine family incorporating an emission control 
diagnostic system, the manufacturer shall submit the following 
information:
    (1) Detailed written information fully describing the functional 
operation characteristics of the diagnostic system.
    (2) The general method of detecting malfunctions for each emission-
related powertrain component.
    (i) [Reserved]
    (j) For methanol-fueled vehicles, the manufacturer shall specify:
    (1) Whether the vehicle is a flexible fuel vehicle or a dedicated 
vehicle (manufacturers must obtain advance approval from the 
Administrator to classify methanol-fueled vehicles that can use gasoline 
as dedicated vehicles); and
    (2) The fuel(s) (i.e., the percent methanol) for which the vehicle 
was designed.

[58 FR 4009, Jan. 12, 1993, as amended at 58 FR 9487, Feb. 19, 1993, 60 
FR 34335, June 30, 1995; 63 FR 70694, Dec. 22, 1998]

[[Page 405]]



Sec. 86.094-22  Approval of application for certification; test fleet
selections; determinations of parameters subject to adjustment for 

certification and Selective Enforcement Audit, adequacy of limits, and 
physically adjustable ranges.

    (a) After a review of the application for certification and any 
other information which the Administrator may require, the Administrator 
may approve the application and select a test fleet in accordance with 
Sec. 86.094-24.
    (b) Disapproval of application. (1) The Administrator may disapprove 
in whole or in part an application for certification for reasons 
including incompleteness, inaccuracy, inappropriate proposed mileage (or 
service) accumulation procedures, test equipment, or fuel; or 
incorporation of defeat devices in vehicles (or on engines) described by 
the application.
    (2) The issuance of a certificate of conformity does not exempt the 
covered vehicles from further evaluation or testing for defeat device 
purposes as described in Sec. 86.094-16.
    (c) Where any part of an application is rejected, the Administrator 
shall notify the manufacturer in writing and set forth the reasons for 
such rejection. Within 30 days following receipt of such notification, 
the manufacturer may request a hearing on the Administrator's 
determination. The request shall be in writing, signed by an authorized 
representative of the manufacturer and shall include a statement 
specifying the manufacturer's objections to the Administrator's 
determinations, and data in support of such objections. If, after the 
review of the request and supporting data, the Administrator finds that 
the request raises a substantial factual issue, he shall provide the 
manufacturer a hearing in accordance with Sec. 86.078-6 with respect to 
such issue.
    (d) Approval of test procedures. (1) The Administrator does not 
approve the test procedures for establishing the evaporative emission 
deterioration factors for light-duty vehicles and light-duty trucks. The 
manufacturer shall submit the procedures as required in Sec. 86.094-
21(b)(4)(i) prior to the Administrator's selection of the test fleet 
under Sec. 86.094-24(b)(1), and if such procedures will involve testing 
of durability data vehicles selected by the Administrator or elected by 
the manufacturer under Sec. 86.094-24(c)(1), prior to initiation of 
such testing.
    (2) Light-duty trucks using the Standard Self-Approval durability 
Program and heavy-duty engines only. The Administrator does not approve 
the test procedures for establishing exhaust emission deterioration 
factors for light-duty trucks using the Standard Self-Approval 
Durability Program described in Sec. 86.094-13(f) nor for heavy-duty 
engines. The manufacturer shall submit these procedures and 
determinations as required in Sec. 86.094-21(b)(5)(i) prior to 
determining the deterioration factors.
    (3) Heavy-duty vehicles equipped with gasoline-fueled or methanol-
fueled engines only. The Administrator does not approve the test 
procedures for establishing the evaporative emission deterioration 
factors. The test procedure will conform to the requirements in Sec. 
86.094-23(b)(3).
    (e) Parameter adjustment requirements. When the Administrator 
selects emission data vehicles for the test fleet, he will at the same 
time determine those vehicle or engine parameters which will be subject 
to adjustment for certification, Selective Enforcement Audit and 
Production Compliance Audit testing, the adequacy of the limits, stops, 
seals, or other means used to inhibit adjustment, and the resulting 
physically adjustable ranges for each such parameter and will then 
notify the manufacturer of his determinations.
    (1) Determining parameters subject to adjustment. (i) Except as 
noted in paragraph (e)(1)(iv) of this section, the Administrator may 
determine to be subject to adjustment the idle fuel-air mixture 
parameter on Otto-cycle vehicles (or engines) (carbureted or fuel-
injected); the choke valve action parameter(s) on carbureted, Otto-cycle 
vehicles (or engines); or any parameter on any vehicle (or engine) 
(Otto-cycle or diesel) which is physically capable of being adjusted, 
may significantly affect emissions, and was not present on the 
manufacturer's vehicles (or engines) in the previous model year in the 
same form and function.

[[Page 406]]

    (ii) The Administrator may, in addition, determine to be subject to 
adjustment any other parameters on any vehicle or engine which is 
physically capable of being adjusted and which may significantly affect 
emissions. However, the Administrator may do so only if he has 
previously notified the manufacturer that he might do so and has found, 
at the time he gave this notice, that the intervening period would be 
adequate to permit the development and application of the requisite 
technology, giving appropriate consideration to the cost of compliance 
within such period. In no event will this notification be given later 
than September 1 of the calendar year two years prior to the model year.
    (iii) In determining the parameters subject to adjustment, the 
Administrator will consider the likelihood that, for each of the 
parameters listed in paragraphs (e)(1) (i) and (ii) of this section, 
settings other than the manufacturer's recommended setting will occur on 
in-use vehicles (or engines). In determining likelihood, the 
Administrator may consider such factors as, but not limited to, 
information contained in the preliminary application, surveillance 
information from similar in-use vehicles (or engines), the difficulty 
and cost of gaining access to an adjustment, damage to the vehicle (or 
engine) if an attempt is made to gain such access and the need to 
replace parts following such attempt, and the effect of settings other 
than the manufacturer's recommended setting on vehicle (or engine) 
performance characteristics including emission characteristics.
    (iv) Manual chokes of heavy-duty engines only will not be considered 
a parameter subject to adjustment under the parameter adjustment 
requirements.
    (2)(i) The Administrator shall determine a parameter to be 
adequately inaccessible or sealed if:
    (A) In the case of an idle mixture screw, the screw is recessed 
within the carburetor casting and sealed with lead, thermosetting 
plastic, or an inverted elliptical spacer or sheared off after 
adjustment at the factory, and the inaccessibility is such that the 
screw cannot be accessed and/or adjusted with simple tools in one-half 
hour or for $20 (1978 dollars) or less;
    (B) In the case of a choke bimetal spring, the plate covering the 
bimetal spring is riveted or welded in place, or held in place with 
nonreversible screws;
    (C) In the case of a parameter which may be adjusted by elongating 
or bending adjustable members (e.g., the choke vacuum break), the 
elongation of the adjustable member is limited by design or, in the case 
of a bendable member, the member is constructed of a material which when 
bent would return to its original shape after the force is removed 
(plastic or spring steel materials);
    (D) In the case of any parameter, the manufacturer demonstrates that 
adjusting the parameter to settings other than the manufacturer's 
recommended setting takes more than one-half hour or costs more than $20 
(1978 dollars).
    (ii) The Administrator shall determine a physical limit or stop to 
be an adequate restraint on adjustability if:
    (A) In the case of a threaded adjustment, the threads are 
terminated, pinned, or crimped so as to prevent additional travel 
without breakage or need for repairs which take more than one-half hour 
or cost more than $20 (1978 dollars);
    (B) The adjustment is ineffective at the end of the limits of travel 
regardless of additional forces or torques applied to the adjustment;
    (C) The manufacturer demonstrates that travel or rotation limits 
cannot be exceeded with the use of simple and inexpensive tools 
(screwdriver, pliers, open-end or box wrenches, etc.) without incurring 
significant and costly damage to the vehicle (or engine) or control 
system or without taking more than one-half hour or costing more than 
$20 (1978 dollars).
    (iii) If manufacturer service manuals or bulletins describe routine 
procedures for gaining access to a parameter or for removing or 
exceeding a physical limit, stop, seal or other means used to inhibit 
adjustment, or if surveillance data indicate that gaining access, 
removing, or exceeding is likely, paragraphs (e)(2)(i) and (ii) of this 
section shall not apply for that parameter.

[[Page 407]]

    (iv) In determining the adequacy of a physical limit, stop, seal, or 
other means used to inhibit adjustment of a parameter not covered by 
paragraph (e)(2)(i) or (ii) of this section, the Administrator will 
consider the likelihood that it will be circumvented, removed, or 
exceeded on in-use vehicles. In determining likelihood, the 
Administrator may consider such factors as, but not limited to, 
information contained in the preliminary application; surveillance 
information from similar in-use vehicles (or engines); the difficulty 
and cost of circumventing, removing, or exceeding the limit, stop, seal, 
or other means; damage to the vehicle (or engine) if an attempt is made 
to circumvent, remove, or exceed it and the need to replace parts 
following such attempt; and the effect of settings beyond the limit, 
stop, seal, or other means on vehicle (or engine) performance 
characteristics other than emission characteristics.
    (3) The Administrator shall determine two physically adjustable 
ranges for each parameter subject to adjustment:
    (i)(A) In the case of a parameter determined to be adequately 
inaccessible or sealed, the Administrator may include within the 
physically adjustable range applicable to testing under this subpart 
(certification testing) all settings within the production tolerance 
associated with the nominal setting for that parameter, as specified by 
the manufacturer in the preliminary application for certification; or
    (B) In the case of other parameters, the Administrator shall include 
within this range all settings within physical limits or stops 
determined to be adequate restraints on adjustability. The Administrator 
may also include the production tolerances on the location of these 
limits or stops when determining the physically adjustable range.
    (ii)(A) In the case of a parameter determined to be adequately 
inaccessible or sealed, the Administrator shall include within the 
physically adjustable range applicable to testing under subparts G or K 
(Selective Enforcement Audit and Production Compliance Audit) only the 
actual settings to which the parameter is adjusted during production; or
    (B) In the case of other parameters, the Administrator shall include 
within this range all settings within physical limits or stops 
determined to be adequate restraints on adjustability, as they are 
actually located on the test vehicle (or engine).
    (f) Submittal of advance information. (1) If the manufacturer 
submits the information specified in Sec. 86.094-21(b)(1)(ii) in 
advance of its full preliminary application for certification, the 
Administrator shall review the information and make the determinations 
required in paragraph (e) of this section within 90 days of the 
manufacturer's submittal.
    (2) The 90-day decision period is exclusive of the elapsed time 
during which EPA may request additional information from manufacturers 
regarding an adjustable parameter and the receipt of the manufacturers' 
response(s).
    (g) Within 30 days following receipt of notification of the 
Administrator's determinations made under paragraph (e) of this section, 
the manufacturer may request a hearing on the Administrator's 
determinations. The request shall be in writing, signed by an authorized 
representative of the manufacturer, and shall include a statement 
specifying the manufacturer's objections to the Administrator's 
determinations, and data in support of such objections. If, after review 
of the request and supporting data, the Administrator finds that the 
request raises a substantial factual issue, he shall provide the 
manufacturer a hearing in accordance with Sec. 86.078-6 with respect to 
such issue.

[48 FR 4010, Jan. 12, 1993]



Sec. 86.094-23  Required data.

    (a) The manufacturer shall perform the tests required by the 
applicable test procedures and submit to the Administrator the 
information described in paragraphs (b) through (l) of this section, 
provided, however, that if requested by the manufacturer, the 
Administrator may waive any requirement of this section for testing of 
vehicle (or engine) for which emission data are available or will be 
made available under the provisions of Sec. 86.091-29.

[[Page 408]]

    (b) Durability data. (1)(i) The manufacturer shall submit exhaust 
emission durability data on such light-duty vehicles tested in 
accordance with applicable test procedures and in such numbers as 
specified, which will show the performance of the systems installed on 
or incorporated in the vehicle for extended mileage, as well as a record 
of all pertinent maintenance performed on the test vehicles.
    (ii) The manufacturer shall submit exhaust emission deterioration 
factors for light-duty trucks and heavy-duty engines and all test data 
that are derived from the testing described under Sec. 86.094-
21(b)(5)(i)(A), as well as a record of all pertinent maintenance. Such 
testing shall be designed and conducted in accordance with good 
engineering practice to assure that the engines covered by a certificate 
issued under Sec. 86.094-30 will meet each emission standard (or family 
emission limit, as appropriate) in Sec. 86.094-9, Sec. 86.091-10, or 
Sec. 86.094-11 as appropriate, in actual use for the useful life 
applicable to that standard.
    (2) For light-duty vehicles and light-duty trucks, the manufacturer 
shall submit evaporative emission deterioration factors for each 
evaporative emission family-evaporative emission control system 
combination and all test data that are derived from testing described 
under Sec. 86.094-21(b)(4)(i) designed and conducted in accordance with 
good engineering practice to assure that the vehicles covered by a 
certificate issued under Sec. 86.094-30 will meet the evaporative 
emission standards in Sec. 86.094-8 or Sec. 86.094-9, as appropriate, 
for the useful life of the vehicle.
    (3) For heavy-duty vehicles equipped with gasoline-fueled, natural 
gas-fueled, liquefied petroleum gas-fueled or methanol-fueled engines, 
evaporative emission deterioration factors for each evaporative emission 
family-evaporative emission control system combination identified in 
accordance with Sec. 86.091-21(b)(4)(ii). Furthermore, a statement that 
the test procedure(s) used to derive the deterioration factors includes, 
but need not be limited to, a consideration of the ambient effects of 
ozone and temperature fluctuations and the service accumulation effects 
of vibration, time, vapor saturation and purge cycling. The 
deterioration factor test procedure shall be designed and conducted in 
accordance with good engineering practice to assure that the vehicles 
covered by a certificate issued under Sec. 86.091-30 will meet the 
evaporative emission standards in Sec. 86.091-10 and Sec. 86.091-11 in 
actual use for the useful life of the engine. Furthermore, a statement 
that a description of the test procedure, as well as all data, analyses 
and evaluations, is available to the Administrator upon request.
    (4)(i) For heavy-duty vehicles with a Gross Vehicle Weight Rating of 
up to 26,000 pounds and equipped with gasoline-fueled, natural gas-
fueled, liquefied petroleum gas-fueled or methanol-fueled engines, a 
written statement to the Administrator certifying that the 
manufacturer's vehicles meet the standards of Sec. 86.091-10 or Sec. 
86.091-11 (as applicable) as determined by the provisions of Sec. 
86.091-28. Furthermore, a written statement to the Administrator that 
all data, analyses, test procedures, evaluations and other documents, on 
which the above statement is based, are available to the Administrator 
upon request.
    (ii) For heavy-duty vehicles with a Gross Vehicle Weight Rating of 
greater than 26,000 pounds and equipped with gasoline-fueled, natural 
gas-fueled, liquefied petroleum gas-fueled or methanol-fueled engines, a 
written statement to the Administrator certifying that the 
manufacturer's evaporative emission control systems are designed, using 
good engineering practice, to meet the standards of Sec. 86.091-10 or 
Sec. 86.091-11 (as applicable) as determined by the provisions of Sec. 
86.091-28. Furthermore, a written statement to the Administrator that 
all data, analyses, test procedures, evaluations and other documents, on 
which the above statement is based, are available to the Administrator 
upon request.
    (c) Emission data. (1) Emission data, including in the case of 
methanol fuel, methanol, formaldehyde and total hydrocarbon equivalent, 
exhaust methane data in the case of vehicles meeting a non-methane 
hydrocarbon standard on such vehicles tested in accordance with 
applicable test procedures and in such numbers as specified. These data 
shall include zero-mile data, if generated,

[[Page 409]]

and emission data generated for certification as required under Sec. 
86.090-26(a)(3)(i) or Sec. 86.090-26(a)(3)(ii). In lieu of providing 
emission data the Administrator may, on request of the manufacturer, 
allow the manufacturer to demonstrate (on the basis of previous emission 
tests, development tests or other information) that the engine will 
conform with certain applicable emission standards of Sec. 86.094-8 or 
Sec. 86.094-9. Standards eligible for such manufacturer requests are 
those for idle CO emissions, smoke emissions, or particulate emissions 
from methanol-fueled, natural gas-fueled and liquefied petroleum gas-
fueled diesel-cycle certification vehicles, on evaporative emissions or 
refueling emissions from natural gas-fueled or liquefied petroleum gas-
fueled vehicles (light-duty and heavy-duty), and those for particulate 
emissions from model year 1994 and later gasoline-fueled, methanol-
fueled, natural gas-fueled or liquefied petroleum gas-fueled Otto-cycle 
certification vehicles that are not certified to the Tier 0 standards of 
Sec. 86.094-9 (a)(1)(i), (a)(1)(ii), or Sec. 86.094-8(a)(1)(i). Also 
eligible for such requests are standards for total hydrocarbon emissions 
from model year 1994 and later certification vehicles that are not 
certified to the Tier 0 standards of Sec. 86.094-9 (a)(1)(i), 
(a)(1)(ii) or Sec. 86.094-8(a)(1)(i). By separate request, including 
appropriate supporting test data, the manufacturer may request that the 
Administrator also waive the requirement to measure particulate 
emissions when conducting Selective Enforcement Audit testing of Otto-
cycle vehicles, or the requirement to measure evaporative emissions when 
conducting Selective Enforcement Audit testing of natural gas or 
liquefied petroleum gas-fueled vehicles.
    (2) Certification engines. (i) Emission data on such engines tested 
in accordance with applicable emission test procedures of this subpart 
and in such numbers as specified. These data shall include zero-hour 
data, if generated, and emission data generated for certification as 
required under Sec. 86.090-26(c)(4). In lieu of providing emission data 
on idle CO emissions, smoke emissions or particulate emissions from 
methanol-fueled, natural gas-fueled or liquefied petroleum gas-fueled 
diesel certification engines, or on CO emissions from petroleum-fueled, 
natural gas-fueled, liquefied petroleum gas-fueled, or methanol-fueled 
diesel certification engines the Administrator may, on request of the 
manufacturer, allow the manufacturer to demonstrate (on the basis of 
previous emission tests, development tests or other information) that 
the engine will conform with the applicable emission standards of Sec. 
86.091-11, or Sec. 86.094-11.
    (ii) For heavy-duty diesel engines, a manufacturer may submit hot-
start data only, in accordance with subpart N of this part, when making 
application for certification. However, for conformity Selective 
Enforcement Audit and recall testing by the Agency, both the cold-start 
and hot-start test data, as specified in subpart N of this part, will be 
included in the official results.
    (d) The manufacturer shall submit a statement that the vehicles (or 
engines) for which certification is requested conform to the 
requirements in Sec. 86.084-5(b), and that the descriptions of tests 
performed to ascertain compliance with the general standards in Sec. 
86.084-5(b), and that the data derived from such tests are available to 
the Administrator upon request.
    (e)(1) The manufacturer shall submit a statement that the test 
vehicles (or test engines) for which data are submitted to demonstrate 
compliance with the applicable standards (or family emission limits, as 
appropriate) of this subpart are in all material respects as described 
in the manufacturer's application for certification, that they have been 
tested in accordance with the applicable test procedures utilizing the 
fuels and equipment described in the application for certification, and 
that on the basis of such tests the vehicles (or engines) conform to the 
requirements of this part. If such statements cannot be made with 
respect to any vehicle (or engine) tested, the vehicle (or engine) shall 
be identified, and all pertinent data relating thereto shall be supplied 
to the Administrator. If, on the basis of the data supplied and any 
additional data as required by the Administrator, the Administrator 
determines that the test

[[Page 410]]

vehicles (or test engine) was not as described in the application for 
certification or was not tested in accordance with the applicable test 
procedures utilizing the fuels and equipment as described in the 
application for certification, the Administrator may make the 
determination that the vehicle (or engine) does not meet the applicable 
standards (or family emission limits, as appropriate). The provisions of 
Sec. 86.094-30(b) shall then be followed.
    (2) For evaporative emission durability, or light-duty truck or 
heavy-duty engine exhaust emission durability, the manufacturer shall 
submit a statement of compliance with paragraph (b)(1)(ii), (b)(2), or 
(b)(3) of this section, as applicable.
    (f) Additionally, manufacturers participating in the particulate 
averaging program for diesel light-duty vehicles and diesel light-duty 
trucks shall submit:
    (1) In the application for certification, a statement that the 
vehicles for which certification is requested will not, to the best of 
the manufacturer's belief, when included in the manufacturer's 
production-weighted average emission level, cause the applicable 
particulate standard(s) to be exceeded; and
    (2) No longer than 90 days after the end of a given model year of 
production of engine families included in one of the diesel particulate 
averaging programs, the number of vehicles produced in each engine 
family at each certified particulate FEL, along with the resulting 
production-weighted average particulate emission level.
    (g) Additionally, manufacturers participating in the NOX 
averaging program for light-duty trucks shall submit:
    (1) In the application for certification, a statement that the 
vehicles for which certification is required will not, to the best of 
the manufacturer's belief, when included in the manufacturer's 
production-weighted average emission level, cause the applicable 
NOX standard(s) to be exceeded; and
    (2) No longer than 90 days after the end of a given model year of 
production of engine families included in the NOX averaging 
program, the number of vehicles produced in each engine family at each 
certified NOX emission level.
    (h) Additionally, manufacturers participating in any of the 
NOX and/or particulate averaging, trading, or banking 
programs for heavy-duty engines shall submit for each participating 
family the items listed in paragraphs (h)(1) through (3) of this 
section.
    (1) Application for certification. (i) The application for 
certification will include a statement that the engines for which 
certification is requested will not, to the best of the manufacturer's 
belief, when included in any of the averaging, trading, or banking 
programs cause the applicable NOX or particulate standard(s) 
to be exceeded.
    (ii) The application for certification will also include the type 
(NOX or particulate) and the projected number of credits 
generated/needed for this family, the applicable averaging set, the 
projected U.S. (49-state) production volumes, by quarter, NCPs in use on 
a similar family and the values required to calculate credits as given 
in Sec. 86.094-15. Manufacturers shall also submit how and where credit 
surpluses are to be dispersed and how and through what means credit 
deficits are to be met, as explained in Sec. 86.094-15. The application 
must project that each engine family will be in compliance with the 
applicable NOX and/or particulate emission standards based on 
the engine mass emissions, and credits from averaging, trading and 
banking.
    (2) [Reserved]
    (3) End-of-year report. The manufacturer shall submit end-of-year 
reports for each engine family participating in any of the averaging, 
trading, or banking programs, as described in paragraphs (h)(3) (i) 
through (iv) of this section.
    (i) These reports shall be submitted within 90 days of the end of 
the model year to: Director, Manufacturers Operations Division (EN-
340F), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., 
NW., Washington, DC 20460.
    (ii) These reports shall indicate the engine family, the averaging 
set, the actual U.S. (49-state) production volume, the values required 
to calculate credits as given in Sec. 86.094-15, the resulting type 
(NOX or particulate) and

[[Page 411]]

number of credits generated/required, and the NCPs in use on a similar 
NCP family. Manufacturers shall also submit how and where credit 
surpluses were dispersed (or are to be banked) and how and through what 
means credit deficits were met. Copies of contracts related to credit 
trading must also be included or supplied by the broker if applicable. 
The report shall also include a calculation of credit balances to show 
that net mass emissions balances are within those allowed by the 
emission standards (equal to or greater than a zero credit balance). The 
credit discount factor described in Sec. 86.094-15 must be included as 
required.
    (iii) The 49-state production counts for end-of-year reports shall 
be based on the location of the first point of retail sale (e.g., 
customer, dealer, secondary manufacturer) by the manufacturer.
    (iv) Errors discovered by EPA or the manufacturer in the end-of-year 
report, including changes in the 49 state production counts, may be 
corrected up to 180 days subsequent to submission of the end-of-year 
report. Errors discovered by EPA after 180 days shall be corrected if 
credits are reduced. Errors in the manufacturer's favor will not be 
corrected if discovered after the 180 day correction period allowed.
    (i) Failure by a manufacturer participating in the averaging, 
trading, or banking programs to submit any quarterly or end-of-year 
report (as applicable) in the specified time for all vehicles and 
engines that are part of an averaging set is a violation of section 
203(a)(1) of the Clean Air Act (42 U.S.C. 7522(a)(1)) for each such 
vehicle and engine.
    (j) Failure by a manufacturer generating credits for deposit only in 
either the HDE NOX or particulate banking programs to submit 
their end-of-year reports in the applicable specified time period (i.e., 
90 days after the end of the model year) shall result in the credits not 
being available for use until such reports are received and reviewed by 
EPA. Use of projected credits pending EPA review will not be permitted 
in these circumstances.
    (k) Engine families certified using NCPs are not required to meet 
the requirements outlined in paragraphs (f) through (j) of this section.
    (l) Additionally, manufacturers certifying vehicles shall submit for 
each model year 1994 through 1997 light-duty vehicle and light light-
duty truck engine family and each model year 1996 through 1998 heavy 
light-duty truck engine family the information listed in paragraphs (l) 
(1) and (2) of this section.
    (1) Application for certification. In the application for 
certification, the manufacturer shall submit the projected sales volume 
of engine families certifying to the respective standards, and the in-
use standards that each engine family will meet. Volume projected to be 
produced for U.S. sale may be used in lieu of projected U.S. sales.
    (2) End-of-year reports for each engine family. (i) These end-of-
year reports shall be submitted within 90 days of the end of the model 
year to: Director, Manufacturers Operations Division (EN-340F), U.S. 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460.
    (ii) These reports shall indicate the model year, engine family, and 
the actual U.S. sales volume. The manufacturer may petition the 
Administrator to allow volume produced for U.S. sale to be used in lieu 
of U.S. sales. Such petition shall be submitted within 30 days of the 
end of the model year to the Manufacturers Operations Division. For the 
petition to be granted, the manufacturer must establish to the 
satisfaction of the Administrator that production volume is functionally 
equivalent to sales volume.
    (iii) The U.S. sales volume for end-of-year reports shall be based 
on the location of the point of sale to a dealer, distributor, fleet 
operator, broker, or any other entity which comprises the point of first 
sale.
    (iv) Failure by a manufacturer to submit the end-of-year report 
within the specified time may result in certificate(s) for the engine 
family(ies) certified to Tier 0 certification standards being voided ab 
initio plus any applicable civil penalties for failure to submit the 
required information to the Agency.

[[Page 412]]

    (v) The information shall be organized in such a way as to allow the 
Administrator to determine compliance with the Tier l standards 
implementation schedules of Sec. Sec. 86.094-8 and 86.094-9, and the 
Tier 1 and Tier 1I implementation schedules of Sec. Sec. 
86.708-94 and 86.709-94.

[58 FR 4012, Jan. 12, 1993, as amended at 58 FR 33208, June 16, 1993; 58 
FR 66294, Dec. 20, 1993; 59 FR 14110, Mar. 25, 1994; 59 FR 48498, Sept. 
21, 1994]



Sec. 86.094-25  Maintenance.

    (a)(1) Applicability. This section applies to light-duty vehicles, 
light-duty trucks, and heavy-duty engines.
    (2) Maintenance performed on vehicles, engines, subsystems, or 
components used to determine exhaust or evaporative emission 
deterioration factors is classified as either emission-related or non-
emission-related and each of these can be classified as either scheduled 
or unscheduled. Further, some emission-related maintenance is also 
classified as critical emission-related maintenance.
    (b) This section specifies emission-related scheduled maintenance 
for purposes of obtaining durability data and for inclusion in 
maintenance instructions furnished to purchasers of new motor vehicles 
and new motor vehicles engines under Sec. 86.087-38.
    (1) All emission-related scheduled maintenance for purposes of 
obtaining durability data must occur at the same mileage intervals (or 
equivalent intervals if engines, subsystems, or components are used) 
that will be specified in the manufacturer's maintenance instructions 
furnished to the ultimate purchaser of the motor vehicle or engine under 
Sec. 86.094-35. This maintenance schedule may be updated as necessary 
throughout the testing of the vehicle/engine, provided that no 
maintenance operation is deleted from the maintenance schedule after the 
operation has been performed on the test vehicle or engine.
    (2) Any emission-related maintenance which is performed on vehicles, 
engines, subsystems, or components must be technologically necessary to 
assure in-use compliance with the emission standards. The manufacturer 
must submit data which demonstrate to the Administrator that all of the 
emission-related scheduled maintenance which is to be performed is 
technologically necessary. Scheduled maintenance must be approved by the 
Administrator prior to being performed or being included in the 
maintenance instructions provided to purchasers under Sec. 86.087-38. 
The Administrator has determined that emission-related maintenance at 
shorter intervals than those outlined in paragraphs (b) (3) and (4) of 
this section is not technologically necessary to ensure in-use 
compliance. However, the Administrator may determine that maintenance 
even more restrictive (e.g., longer intervals) than that listed in 
paragraphs (b) (3) and (4) of this section is also not technologically 
necessary.
    (3) For Otto-cycle light-duty vehicles, light-duty trucks and heavy 
duty engines, emission-related maintenance in addition to, or at shorter 
intervals than, that listed in paragraphs (b)(3) (i) through (vii) of 
this section will not be accepted as technologically necessary, except 
as provided in paragraph (b)(7) of this section.
    (i)(A) The cleaning or replacement of light-duty vehicle or light-
duty truck spark plugs shall occur at 30,000 miles of use and at 30,000-
mile intervals thereafter.
    (B) The cleaning or replacement of Otto-cycle heavy duty engine 
spark plugs shall occur at 25,000 miles (or 750 hours) of use and at 
25,000-mile (or 750-hour) intervals thereafter, for engines certified 
for use with unleaded fuel only.
    (ii) For light-duty vehicles and light-duty trucks, the adjustment, 
cleaning, repair, or replacement of the items listed in paragraphs 
(b)(3)(ii) (A) through (D) of this section shall occur at 50,000 miles 
of use and at 50,000-mile intervals thereafter.
    (A) Positive crankcase ventilation valve.
    (B) Emission-related hoses and tubes.
    (C) Ignition wires.
    (D) Idle mixture.
    (iii) For heavy-duty engines, the adjustment, cleaning, repair, or 
replacement of the items listed in paragraphs (b)(3)(iii) (A) through 
(D) of this section shall occur at 50,000 miles (or 1,500

[[Page 413]]

hours) of use and at 50,000-mile (or 1,500-hour) intervals thereafter.
    (A) Positive crankcase ventilation valve.
    (B) Emission-related hoses and tubes.
    (C) Ignition wires.
    (D) Idle mixture.
    (iv) For light-duty vehicles, light-duty trucks and heavy-duty 
engines, the adjustment, cleaning, repair, or replacement of the oxygen 
sensor shall occur at 80,000 miles (or 2,400 hours) of use and at 
80,000-mile (or 2,400-hour) intervals thereafter.
    (v) For heavy-duty engines, the adjustment, cleaning, repair, or 
replacement of the items listed in paragraphs (b)(3)(v) (A) through (G) 
of this section shall occur at 100,000 miles (or 3,000 hours) of use and 
at 100,000-mile (or 3,000-hour) intervals thereafter.
    (A) Catalytic converter.
    (B) Air injection system components.
    (C) Fuel injectors.
    (D) Electronic engine control unit and its associated sensors 
(except oxygen sensor) and actuators.
    (E) Evaporative emission canister.
    (F) Turbochargers.
    (G) Carburetors.
    (vi) For light-duty vehicles and light-duty trucks, the adjustment, 
cleaning, repair, or replacement of the items listed in paragraphs 
(b)(3)(vi) (A) through (I) of this section shall occur at 100,000 miles 
of use and at 100,000-mile intervals thereafter.
    (A) Catalytic converter.
    (B) Air injection system components.
    (C) Fuel injectors.
    (D) Electronic engine control unit and its associated sensors 
(except oxygen sensor) and actuators.
    (E) Evaporative emission canister.
    (F) Turbochargers.
    (G) Carburetors.
    (H) Superchargers.
    (I) EGR System including all related filters and control valves.
    (vii) For heavy-duty engines certified for use with unleaded fuel 
only, the adjustment, cleaning, repair, or replacement of the EGR system 
(including all related filters and control valves) shall occur at 50,000 
miles (or 1,500 hours) of use and at 50,000-mile (or 1,500-hour) 
intervals thereafter.
    (4) For diesel-cycle light-duty vehicles, light-duty trucks, and 
heavy-duty engines, emission-related maintenance in addition to, or at 
shorter intervals than that listed in paragraphs (b)(4) (i) through (iv) 
of this section will not be accepted as technologically necessary, 
except as provided in paragraph (b)(7) of this section.
    (i) For heavy-duty engines, the adjustment, cleaning, repair, or 
replacement of the items listed in paragraphs (b)(4)(i) (A) through (C) 
of this section shall occur at 50,000 miles (or 1,500 hours) of use and 
at 50,000-mile (or 1,500-hour) intervals thereafter.
    (A) Exhaust gas recirculation system including all related filters 
and control valves.
    (B) Positive crankcase ventilation valve.
    (C) Fuel injector tips (cleaning only).
    (ii) For light-duty vehicles and light-duty trucks, the adjustment, 
cleaning, repair, or replacement of the positive crankcase ventilation 
valve shall occur at 50,000 miles of use and at 50,000-mile intervals 
thereafter.
    (iii) The adjustment, cleaning, repair, or replacement of items 
listed in paragraphs (b)(4)(iii) (A) through (D) of this section shall 
occur at 100,000 miles (or 3,000 hours) of use and at 100,000-mile (or 
3,000-hour) intervals thereafter for light heavy-duty engines, or, at 
150,000 miles (or 4,500 hours) intervals thereafter for medium and 
heavy-duty engines.
    (A) Fuel injectors.
    (B) Turbocharger.
    (C) Electronic engine control unit and its associated sensors and 
actuators.
    (D) Particulate trap or trap-oxidizer system (including related 
components).
    (iv) For light-duty vehicles and light-duty trucks, the adjustment, 
cleaning, repair, or replacement shall occur at 100,000 miles of use and 
at 100,000-mile intervals thereafter of the items listed in paragraphs 
(b)(4)(iv) (A) through (G) of this section.
    (A) Fuel injectors.
    (B) Turbocharger.
    (C) Electronic engine control unit and its associated sensors and 
actuators.
    (D) Particulate trap or trap-oxidizer system (including related 
components).

[[Page 414]]

    (E) Exhaust gas recirculation system including all related filters 
and control valves.
    (F) Catalytic converter.
    (G) Superchargers.
    (5) [Reserved]
    (6)(i) The components listed in paragraphs (b)(6)(i) (A) through (G) 
of this section are currently defined as critical emission-related 
components.
    (A) Catalytic converter.
    (B) Air injection system components.
    (C) Electronic engine control unit and its associated sensors 
(including oxygen sensor if installed) and actuators.
    (D) Exhaust gas recirculation system (including all related filters 
and control valves).
    (E) Positive crankcase ventilation valve.
    (F) Evaporative emission control system components (excluding 
canister air filter).
    (G) Particulate trap or trap-oxidizer system.
    (ii) All critical emission-related scheduled maintenance must have a 
reasonable likelihood of being performed in-use. The manufacturer shall 
be required to show the reasonable likelihood of such maintenance being 
performed in-use, and such showing shall be made prior to the 
performance of the maintenance on the durability data vehicle. Critical 
emission-related scheduled maintenance items which satisfy one of the 
conditions defined in paragraphs (b)(6)(ii) (A) through (F) of this 
section will be accepted as having a reasonable likelihood of the 
maintenance item being performed in-use.
    (A) Data are presented which establish for the Administrator a 
connection between emissions and vehicle performance such that as 
emissions increase due to lack of maintenance, vehicle performance will 
simultaneously deteriorate to a point unacceptable for typical driving.
    (B) Survey data are submitted which adequately demonstrate to the 
Administrator that, at an 80 percent confidence level, 80 percent of 
such engines already have this critical maintenance item performed in-
use at the recommended interval(s)
    (C) A clearly displayed visible signal system approved by the 
Administrator is installed to alert the vehicle driver that maintenance 
is due. A signal bearing the message ``maintenance needed'' or ``check 
engine,'', or a similar message approved by the Administrator, shall be 
actuated at the appropriate mileage point or by component failure. This 
signal must be continuous while the engine is in operation and not be 
easily eliminated without performance of the required maintenance. 
Resetting the signal shall be a required step in the maintenance 
operation. The method for resetting the signal system shall be approved 
by the Administrator.
    (D) A manufacturer may desire to demonstrate through a survey that a 
critical maintenance item is likely to be performed without a visible 
signal on a maintenance item for which there is no prior in-use 
experience without the signal. To that end, the manufacturer may in a 
given model year market up to 200 randomly selected vehicles per 
critical emission-related maintenance item without such visible signals, 
and monitor the performance of the critical maintenance item by the 
owners to show compliance with paragraph (b)(6)(ii)(B) of this section. 
This option is restricted to two consecutive model years and may not be 
repeated until any previous survey has been completed. If the critical 
maintenance involves more than one engine family, the sample will be 
sales weighted to ensure that it is representative of all the families 
in question.
    (E) The manufacturer provides the maintenance free of charge, and 
clearly informs the customer that the maintenance is free in the 
instructions provided under Sec. 86.087-38.
    (F) Any other method which the Administrator approves as 
establishing a reasonable likelihood that the critical maintenance will 
be performed in-use.
    (iii) Visible signal systems used under paragraph (b)(6)(ii)(C) of 
this section are considered an element of design of the emission control 
system. Therefore, disabling, resetting, or otherwise rendering such 
signals inoperative without also performing the indicated maintenance 
procedure is a prohibited act under section 203(a)(3) of the Clean Air 
Act (42 U.S.C. 7522(a) (3)).

[[Page 415]]

    (7) Changes to scheduled maintenance. (i) For maintenance practices 
that existed prior to the 1980 model year, only the maintenance items 
listed in paragraphs (b) (3) and (4) of this section are currently 
considered by EPA to be emission-related. The Administrator may, 
however, determine additional scheduled maintenance items that existed 
prior to the 1980 model year to be emission-related by announcement in a 
Federal Register Notice. In no event may this notification occur later 
than September 1 of the calendar year two years prior to the affected 
model year.
    (ii) In the case of any new scheduled maintenance, the manufacturer 
must submit a request for approval to the Administrator for any 
maintenance that it wishes to recommend to purchasers and perform during 
durability determination. New scheduled maintenance is that maintenance 
which did not exist prior to the 1980 model year, including that which 
is a direct result of the implementation of new technology not found in 
production prior to the 1980 model year. The manufacturer must also 
include its recommendations as to the category (i.e., emission-related 
or non-emission-related, critical or non-critical) of the subject 
maintenance and, for suggested emission-related maintenance, the maximum 
feasible maintenance interval. Such requests must include detailed 
evidence supporting the need for the maintenance requested, and 
supporting data or other substantiation for the recommended maintenance 
category and for the interval suggested for emission-related 
maintenance. Requests for new scheduled maintenance must be approved 
prior to the introduction of the new maintenance. The Administrator will 
then designate the maintenance as emission-related or non-emission-
related. For maintenance items established as emission-related, the 
Administrator will further designate the maintenance as critical if the 
component which receives the maintenance is a critical component under 
paragraph (b)(6) of this section. For each maintenance item designated 
as emission-related, the Administrator will also establish a 
technologically necessary maintenance interval, based on industry data 
and any other information available to EPA. Designations of emission-
related maintenance items, along with their identification as critical 
or non-critical, and establishment of technologically necessary 
maintenance intervals, will be announced in the Federal Register.
    (iii) Any manufacturer may request a hearing on the Administrator's 
determinations in paragraph (b)(7) of this section. The request shall be 
in writing and shall include a statement specifying the manufacturer's 
objections to the Administrator's determinations, and data in support of 
such objections. If, after review of the request and supporting data, 
the Administrator finds that the request raises a substantial factual 
issue, he shall provide the manufacturer a hearing in accordance with 
Sec. 86.078-6 with respect to such issue.
    (c) Non-emission-related scheduled maintenance which is reasonable 
and technologically necessary (e.g., oil change, oil filter change, fuel 
filter change, air filter change, cooling system maintenance, adjustment 
of idle speed, governor, engine bolt torque, valve lash, injector lash, 
timing, adjustment of air pump drive belt tension, lubrication of the 
exhaust manifold heat control valve, lubrication of carburetor choke 
linkage, retorqueing carburetor mounting bolts, etc.) may be performed 
on durability data vehicles at the least frequent intervals recommended 
by the manufacturer to the ultimate purchaser, (e.g., not at the 
intervals recommended for severe service).
    (d) Unscheduled maintenance on light-duty durability data vehicles. 
(1) Unscheduled maintenance may be performed during the testing used to 
determine deterioration factors, except as provided in paragraphs (d) 
(2) and (3) of this section, only under the following provisions defined 
in paragraphs (d)(1) (i) through (iii) of this section.
    (i) A fuel injector or spark plug may be changed if a persistent 
misfire is detected.
    (ii) Readjustment of an Otto-cycle vehicle cold-start enrichment 
system may be performed if there is a problem of stalling.
    (iii) Readjustment of the engine idle speed (curb idle and fast 
idle) may be

[[Page 416]]

performed in addition to that performed as scheduled maintenance under 
paragraph (c) of this section if the idle speed exceeds the 
manufacturer's recommended idle speed by 300 rpm or more, or if there is 
a problem of stalling.
    (2) Any other unscheduled vehicle, emission control system, or fuel 
system adjustment, repair, removal, disassembly, cleaning, or 
replacement during testing to determine deterioration factors shall be 
performed only with the advance approval of the Administrator. Such 
approval will be given if the Administrator:
    (i) Has made a preliminary determination that the part failure or 
system malfunction, or the repair of such failure or malfunction, does 
not render the vehicle or engine unrepresentative of vehicles or engines 
in-use and does not require direct access to the combustion chamber, 
except for spark plug, fuel injection component, or removable prechamber 
removal or replacement.
    (ii) Has made a determination that the need for maintenance or 
repairs is indicated by an overt indication of malfunction such as 
persistent misfiring, engine stalling, overheating, fluid leakage, loss 
of oil pressure, excessive fuel consumption, or excessive power loss. 
The Administrator shall be given the opportunity to verify the existence 
of an overt indication of part failure and/or vehicle/engine malfunction 
(e.g., misfiring, stalling, black smoke), or an activation of an audible 
and/or visible signal, prior to the performance of any maintenance to 
which such overt indication or signal is relevant under the provisions 
of this section.
    (iii) Has made a determination that the OBD system of a durability 
data vehicle representing an engine family certifying fully to the 
Federal OBD requirements as specified in Sec. 86.094-17(a) through (h) 
has specifically detected the problem and has illuminated the 
malfunction indicator light.
    (3) Emission measurement may not be used as a means of determining 
the need for unscheduled maintenance under paragraph (d)(2) of this 
section, except under the conditions defined in paragraphs (d)(3) (i) 
through (ii) of this section.
    (i) The Administrator may approve unscheduled maintenance on 
durability data vehicles based upon a significant change in emission 
levels that indicates a vehicle or engine malfunction. In these cases 
the Administrator may first approve specific diagnostic procedures to 
identify the source of the problem. The Administrator may further 
approve of specific corrections to the problem after the problem has 
been identified. The Administrator may only approve the corrective 
action after it is determined that:
    (A) The malfunction was caused by nonproduction build practices or 
by a previously undetected design problem;
    (B) The malfunction will not occur in production vehicles or engines 
in-use; and
    (C) The deterioration factor generated by the durability data 
vehicle or engine will remain unaffected by the malfunction or by the 
corrective action (e.g., the malfunction was present for only a short 
period of time before detection, replacement parts are functionally 
representative of the proper mileage or hours, etc.).
    (ii) Following any unscheduled maintenance approved under paragraph 
(d)(3)(i) of this section, the manufacturer shall perform an after-
maintenance emission test. If the Administrator determines that the 
after-maintenance emission levels for any pollutant indicates that the 
deterioration factor is no longer representative of production, the 
Administrator may disqualify the durability data vehicle or engine.
    (4) If the Administrator determines that part failure or system 
malfunction occurrence and/or repair rendered the vehicle/engine 
unrepresentative of vehicles in-use, the vehicle/engine shall not be 
used for determining deterioration factors.
    (5) Repairs to vehicle components of a durability data vehicle other 
than the engine, emission control system, or fuel system, shall be 
performed only as a result of part failure, vehicle system malfunction, 
or with the advance approval of the Administrator.
    (e) Maintenance on emission data vehicles and engines. (1) 
Adjustment of engine idle speed on emission data vehicles may be 
performed once before the

[[Page 417]]

low-mileage/low-hour emission test point. Any other engine, emission 
control system, or fuel system adjustment, repair, removal, disassembly, 
cleaning, or replacement on emission data vehicles shall be performed 
only with the advance approval of the Administrator.
    (2)-(3) [Reserved]
    (4) Repairs to vehicle components of an emission data vehicle other 
than the engine, emission control system, or fuel system, shall be 
performed only as a result of part failure, vehicle system malfunction, 
or with the advance approval of the Administrator.
    (f) Equipment, instruments, or tools may not be used to identify 
malfunctioning, maladjusted, or defective engine components unless the 
same or equivalent equipment, instruments, or tools will be available to 
dealerships and other service outlets and:
    (1) Are used in conjunction with scheduled maintenance on such 
components; or
    (2) Are used subsequent to the identification of a vehicle or engine 
malfunction, as provided in paragraph (d)(2) of this section for 
durability data vehicles or in paragraph (e)(1) of this section for 
emission data vehicles; or
    (3) Unless specifically authorized by the Administrator.
    (g)(1) Paragraph (g) of this section applies to light-duty vehicles.
    (2) Complete emission tests (see Sec. Sec. 86.106 through 86.145) 
are required, unless waived by the Administrator, before and after 
scheduled maintenance approved for durability data vehicles. The 
manufacturer may perform emission tests before unscheduled maintenance. 
Complete emission tests are required after unscheduled maintenance which 
may reasonably be expected to affect emissions. The Administrator may 
waive the requirement to test after unscheduled maintenance. These test 
data may be submitted weekly to the Administrator, but shall be air 
posted or delivered within 7 days after completion of the tests, along 
with a complete record of all pertinent maintenance, including a 
preliminary engineering report of any malfunction diagnosis and the 
corrective action taken. A complete engineering report shall be 
delivered to the Administrator concurrently with the manufacturer's 
application for certification.
    (h) All test data, maintenance reports, and required engineering 
reports shall be compiled and provided to the Administrator in 
accordance with Sec. 86.090-23.

[58 FR 4018, Jan. 12, 1993, as amended at 58 FR 9487, Feb. 19, 1993]



Sec. 86.094-26  Mileage and service accumulation; emission 
requirements.

    (a)(1) Paragraph (a) of this section applies to light-duty vehicles. 
It prescribes mileage and service accumulation requirements for 
durability data vehicles run under either the Standard AMA Durability 
Program of Sec. 86.094-13(c) or the Production AMA Durability Program 
of Sec. 86.094-13(d), and for emission data vehicles regardless of the 
durability program employed. Service accumulation requirements for 
durability data vehicles run under the Alternative Service Accumulation 
Program may be found in Sec. 86.094-13(e).
    (2) The standard method of whole-vehicle service accumulation for 
durability data vehicles and for emission data vehicles in model years 
1994 and beyond shall be mileage accumulation using the Durability 
Driving Schedule as specified in appendix IV to this part. A modified 
procedure may also be used if approved in advance by the Administrator. 
Except with the advance approval of the Administrator, all vehicles will 
accumulate mileage at a measured curb weight which is within 100 pounds 
of the estimated curb weight. If the loaded vehicle weight is within 100 
pounds of being included in the next higher inertia weight class as 
specified in Sec. 86.129, the manufacturer may elect to conduct the 
respective emission tests at higher loaded vehicle weight.
    (3) Emission data vehicles. Unless otherwise provided for in Sec. 
86.094-23(a), emission data vehicles shall be operated and tested as 
described in paragraphs (a)(3) (i) and (ii) of this section.
    (i) Otto-cycle. (A) The manufacturer shall determine, for each 
engine family, the mileage at which the engine-system combination is 
stabilized for emission data testing. The manufacturer shall maintain, 
and provide to the Administrator if requested, a

[[Page 418]]

record of the rationale used in making this determination. The 
manufacturer may elect to accumulate 4,000 miles on each test vehicle 
within an engine family without making a determination. The manufacturer 
must accumulate a minimum of 2,000 miles (3,219 kilometers) on each test 
vehicle within an engine family. All test vehicle mileage must be 
accurately determined, recorded, and reported to the Administrator. Any 
vehicle used to represent emission data vehicle selections under Sec. 
86.094-24(b)(1) shall be equipped with an engine and emission control 
system that has accumulated the mileage the manufacturer chose to 
accumulate on the test vehicle. Fuel economy data generated from 
certification vehicles selected in accordance with Sec. 86.094-24(b)(1) 
with engine-system combinations that have accumulated more than 10,000 
kilometers (6,200 miles) shall be factored in accordance with Sec. 
600.006(c) of this chapter. Complete exhaust and evaporative (if 
required) emission tests shall be conducted for each emission data 
vehicle selection under Sec. 86.094-24(b)(1) . The Administrator may 
determine under Sec. 86.094-24(f) that no testing is required.
    (B) Emission tests for emission data vehicle(s) selected for testing 
under Sec. 86.094-24(b)(1) (v) or (viii) shall be conducted at the 
mileage (2,000 mile minimum) at which the engine-system combination is 
stabilized for emission testing under high-altitude conditions.
    (C) Exhaust and evaporative emissions tests for emission data 
vehicle(s) selected for testing under Sec. 86.094-24(b)(1) (i), (ii), 
(iii), (iv), or (vii)(B) shall be conducted at the mileage (2,000 mile 
minimum) at which the engine-system combination is stabilized for 
emission testing under low-altitude conditions.
    (D) For each engine family, the manufacturer will either select one 
vehicle previously selected under Sec. 86.094-24(b)(1) (i) through (iv) 
to be tested under high-altitude conditions or provide a statement in 
accordance with Sec. 86.094-24(b)(1)(v). Vehicles shall meet emission 
standards under both low- and high-altitude conditions without manual 
adjustments or modifications. In addition, any emission control device 
used to conform with the emission standards under high-altitude 
conditions shall initially actuate (automatically) no higher than 4,000 
feet above sea level.
    (ii) Diesel-cycle. (A) The manufacturer shall determine, for each 
engine family, the mileage at which the engine-system combination is 
stabilized for emission data testing. The manufacturer shall maintain, 
and provide to the Administrator if requested, a record of the rationale 
used in making this determination. The manufacturer may elect to 
accumulate 4,000 miles on each test vehicle within an engine family 
without making a determination. The manufacturer must accumulate a 
minimum of 2,000 miles (3,219 kilometers) on each test vehicle within an 
engine family. All test vehicle mileage must be accurately determined, 
recorded, and reported to the Administrator. Any vehicle used to 
represent emission data vehicle selections under Sec. 86.094-24(b)(1) 
shall be equipped with an engine and emission control system that has 
accumulated the mileage the manufacturer chose to accumulate on the test 
vehicle. Fuel economy data generated from certification vehicles 
selected in accordance with Sec. 86.094-24(b)(1) with engine-system 
combinations that have accumulated more than 10,000 kilometers (6,200 
miles) shall be factored in accordance with Sec. 600.006 of this 
chapter. Complete exhaust emission tests shall be conducted for each 
emission data vehicle selection under Sec. 86.094-24(b)(1). The 
Administrator may determine under Sec. 86.094-24(f) that no testing is 
required.
    (B) Emission tests for emission data vehicle(s) selected for testing 
under Sec. 86.094-24(b)(1)(v) shall be conducted at the mileage (2,000 
mile minimum) at which the engine-system combination is stabilized for 
emission testing under high-altitude conditions.
    (C) Exhaust and evaporative emission tests for emission data 
vehicle(s) selected for testing under Sec. 86.094-24(b)(1) (i), (ii), 
(iii), (iv), or (vii)(B) shall be conducted at the mileage (2,000 mile 
minimum) at which the engine-system combination is stabilized for 
emission testing under low-altitude conditions.
    (D) For each engine family, the manufacturer will either select one 
vehicle previously selected under Sec. 86.094-

[[Page 419]]

24(b)(1) (i) through (iv) to be tested under high-altitude conditions or 
provide a statement in accordance with Sec. 86.094-24(b)(1)(v). 
Vehicles shall meet emission standards under both low- and high-altitude 
conditions without manual adjustments or modifications. In addition, any 
emission control device used to conform with the emission standards 
under high-altitude conditions shall initially actuate (automatically) 
no higher than 4,000 feet above sea level.
    (4)(i) Durability data vehicles. (A) Unless otherwise provided for 
in Sec. 86.094-13(e) or Sec. 86.094-23(a) or in paragraph (a)(4)(i)(B) 
of this section, each durability data vehicle shall be driven on the 
whole-vehicle mileage accumulation cycle specified in paragraph (a)(2) 
of this section, with all emission control systems installed and 
operating, up to a mileage endpoint corresponding to the vehicle's 
durability useful life as defined in Sec. 86.094-2.
    (B) Extrapolation of durability data and changes to the mileage 
accumulation cycle. (1) Once a durability vehicle has reached the 
greater of 75,000 miles or three-quarters of the applicable durability 
useful life, the manufacturer may petition the Administrator to 
extrapolate the durability data obtained up to that point out to the 
durability useful life or to replace the mileage accumulation cycle with 
an alternative that meets the criteria of paragraph (a)(2) of this 
section. In the petition, the manufacturer shall supplement the 
durability vehicle data with other information demonstrating the 
durability of the vehicle's emission control components and systems at 
or beyond the durability useful life.
    (2) Factors the Administrator will consider in evaluating petitions 
for extrapolation of durability data or for changes to the mileage 
accumulation cycle include, but are not limited to, any unusual 
scheduled maintenance, unscheduled maintenance, the general linearity 
and scatter of the actual data, reasonable explanations for all outlier 
data, the technical validity of any substitute mileage accumulation 
cycle, and evidence supplied by the vehicle manufacturer of component 
and system durability.
    (3) If a petition for extrapolation of durability data is approved, 
the endpoint for whole-vehicle mileage accumulation of the durability 
data vehicle shall be the mileage attained by the vehicle as reflected 
in the petition.
    (4) Discontinuation of a durability data vehicle shall be allowed 
only with the consent of the Administrator.
    (C) Complete exhaust emission tests shall be made at nominal test 
point mileage intervals that the manufacturer determines. At a minimum, 
two complete exhaust emission tests shall be made. The first test shall 
be made at a distance not greater than 6,250 miles. The last shall be 
made at the mileage accumulation endpoint determined in paragraph 
(a)(4)(i) (A) or (B) of this section, whichever is applicable.
    (D) Except with advance approval of the Administrator, the mileage 
interval between nominal test points must be of equal length except for 
the interval between zero miles and the first test, and any interval 
before or after testing conducted in conjunction with vehicle 
maintenance as specified in Sec. 86.094-25(g)(2).
    (ii) The manufacturer may, at its option, alter the durability data 
vehicle at the selected nominal test point to represent emission data 
vehicle(s) within the same engine-system combination and perform 
emission tests on the altered vehicle. Upon completion of emission 
testing, the manufacturer may return the test vehicle to the durability 
data vehicle configuration and continue mileage accumulation.
    (5)(i) All tests required by this subpart on emission data vehicles 
shall be conducted at a mileage equal to or greater than the mileage the 
manufacturer determines under paragraph (a)(3) of this section.
    (ii) All tests required by this subpart on durability data vehicles 
shall be conducted within 250 miles of each of the nominal test points. 
This 250 mile test point mileage tolerance may be 
modified with the advance approval of the Administrator if the basis for 
the written request is to prevent an interruption of durability mileage 
accumulation due to test scheduling conflicts for weekends, holidays, 
and other similar circumstances.

[[Page 420]]

    (6)(i)(A) The manufacturer may conduct multiple tests at any test 
point at which the data are intended to be used in the deterioration 
factor. At each test point where multiple tests are conducted, the test 
results from all valid tests shall be averaged to determine the data 
point to be used in the deterioration factor calculation, except under 
paragraph (a)(6)(i)(B) of this section. The test results from emission 
tests performed before maintenance affecting emissions shall not be 
averaged with test results after the maintenance.
    (B) The manufacturer is not required to average multiple tests if 
the manufacturer conducts no more than three tests at each test point 
and if the number of tests at each test point is equal. All test points 
must be treated the same for all exhaust pollutants.
    (ii) The results of all emission testing shall be supplied to the 
Administrator. The manufacturer shall furnish to the Administrator 
explanation for voiding any test. The Administrator will determine if 
voiding the test was appropriate based upon the explanation given by the 
manufacturer for the voided test. Tests between test points may be 
conducted as required by the Administrator. Data from all tests 
(including voided tests) may be submitted weekly to the Administrator, 
but shall be air posted or delivered to the Administrator within 7 days 
after completion of the test. In addition, all test data shall be 
compiled and provided to the Administrator in accordance with Sec. 
86.091-23. Where the Administrator conducts a test on a durability data 
vehicle at a prescribed test point, the results of that test will be 
used in the calculation of the deterioration factor.
    (iii) The results of all emission tests shall be rounded to the 
number of places to the right of the decimal point indicated by 
expressing the applicable emission standard of this subpart to one 
additional significant figure, in accordance with the rounding off 
method specified in ASTM E 29-67 (reapproved 1980) (``Standard 
recommended practice for indicating which places of figures are to be 
considered significant in specified limiting values,'' American Society 
for Testing and Materials). This incorporation by reference was approved 
by the Director of the Federal Register in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. Copies may be obtained from American Society 
for Testing and Materials, 1916 Race St., Philadelphia, PA 19103. Copies 
may be inspected at the U.S. Environmental Protection Agency, Air Docket 
Section, room M-1500, 1200 Pennsylvania Ave., NW., Washington, DC 20460 
or at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html.
    (7) Whenever a manufacturer intends to operate and test a vehicle 
which may be used for emission or durability data, the manufacturer 
shall retain in its records all information concerning all emissions 
tests and maintenance, including vehicle alterations to represent other 
vehicle selections. For emission data vehicles, this information shall 
be submitted, including the vehicle description and specification 
information required by the Administrator, to the Administrator 
following the emission data test. For durability data vehicles, this 
information shall be submitted following the 5,000-mile test.
    (8) The data from emission data vehicles and durability data 
vehicles obtained pursuant to the provisions of this section will be 
used in the calculations under Sec. 86.094-28.
    (9)(i) The Administrator may elect to operate and test any test 
vehicle during all or any part of the mileage accumulation and testing 
procedure. In such cases, the manufacturer shall provide the vehicle(s) 
to the Administrator with all information necessary to conduct this 
testing.
    (ii) The test procedures in Sec. Sec. 86.106 through 86.145 will be 
followed by the Administrator. The Administrator will test the vehicles 
at each test point. Maintenance may be performed by the manufacturer 
under such conditions as the Administrator may prescribe.
    (iii) The data developed by the Administrator for the engine-system 
combination shall be combined with any applicable data supplied by the 
manufacturer on other vehicles of that combination to determine the 
applicable

[[Page 421]]

deterioration factors for the combination. In the case of a significant 
discrepancy between data developed by the Administrator and that 
submitted by the manufacturer, the Administrator's data shall be used in 
the determination of deterioration factors.
    (10) Emission testing of any type with respect to any certification 
vehicle other than that specified in this part is not allowed except as 
such testing may be specifically authorized by the Administrator.
    (11) This section does not apply to testing conducted to meet the 
requirements of Sec. 86.091-23(b)(2).
    (b)(1) Paragraph (b) of this section applies to light-duty trucks.
    (2) Four types of mileage or service accumulation are applicable to 
light-duty trucks, as described in paragraphs (b)(2) (i) through (iv) of 
this section.
    (i) Paragraph (b)(2)(i) of this section applies to service 
accumulation conducted under the Standard Self-Approval Durability 
Program of Sec. 86.094-13(f). This type of service accumulation is 
applicable for model years 1994 and beyond only. The manufacturer 
determines the form and extent of this service accumulation, consistent 
with good engineering practice, and describes it in the application for 
certification. Service accumulation under the Standard Self-Approval 
Durability Program is conducted on vehicles, engines, subsystems, or 
components selected by the manufacturer under Sec. 86.094-24(c)(2)(i).
    (ii) Paragraph (b)(2)(ii) of this section applies to service 
accumulation conducted under the Alternative Service Accumulation 
Durability Program of Sec. 86.094-13(e). This type of service 
accumulation is applicable for model years 1994 and beyond only. The 
service accumulation method is developed by the manufacturer to be 
consistent with good engineering practice and to accurately predict the 
deterioration of the vehicle's emissions in actual use over its full 
useful life. The method is subject to advance approval by the 
Administrator and to verification by an in-use verification program 
conducted by the manufacturer under Sec. 86.094-13(e)(5).
    (iii) Paragraph (b)(2)(iii) of this section applies to mileage 
accumulation of the duration selected by the manufacturer on emission 
data vehicles selected under Sec. 86.094-24(b)(1). The procedure for 
mileage accumulation will be the Durability Driving Schedule as 
specified in appendix IV to this part. A modified procedure may also be 
used if approved in advance by the Administrator. Except with the 
advance approval of the Administrator, all vehicles will accumulate 
mileage at a measured curb weight which is within 100 pounds of the 
estimated curb weight. If the loaded vehicle weight is within 100 pounds 
of being included in the next higher inertia weight class as specified 
in Sec. 86.129, the manufacturer may elect to conduct the respective 
emission tests at higher loaded vehicle weight.
    (iv) Service or mileage accumulation may also be part of the test 
procedures used by the manufacturer to establish evaporative emission 
deterioration factors.
    (3) Exhaust emission deterioration factors will be determined on the 
basis of the mileage or service accumulation described in paragraph 
(b)(2) (i) or (ii) of this section and related testing, according to the 
manufacturer's procedures.
    (4) Each emission data vehicle shall be operated and tested as 
follows:
    (i) Otto-cycle. (A) The manufacturer shall determine, for each 
engine family, the mileage at which the engine-system combination is 
stabilized for emission data testing. The manufacturer shall maintain, 
and provide to the Administrator if requested, a record of the rationale 
used in making this determination. The manufacturer may elect to 
accumulate 4,000 miles on each test vehicle within an engine family 
without making a determination. The manufacturer must accumulate a 
minimum of 2,000 miles (3,219 kilometers) on each test vehicle within an 
engine family. All test vehicle mileage must be accurately determined, 
recorded, and reported to the Administrator. Any vehicle used to 
represent emission data vehicle selections under Sec. 86.094-24(b)(1) 
shall be equipped with an engine and emission control system that has 
accumulated the mileage the manufacturer chose to accumulate on the test 
vehicle. Fuel economy data generated from certification vehicles 
selected in accordance with Sec. 86.094-

[[Page 422]]

24(b)(1) with engine-system combinations that have accumulated more than 
10,000 kilometers (6,200 miles) shall be factored in accordance with 
Sec. 600.006 of this chapter. Complete exhaust emission tests shall be 
conducted for each emission data vehicle selection under Sec. 86.094-
24(b)(1). The Administrator may determine under Sec. 86.094-24(f) that 
no testing is required.
    (B) Emission tests for emission data vehicle(s) selected for testing 
under Sec. 86.094-24(b)(1) (v) or (viii) shall be conducted at the 
mileage (2,000 mile minimum) at which the engine-system combination is 
stabilized for emission testing or at 6,436 kilometers (4,000 miles) 
under high-altitude conditions.
    (C) Exhaust and evaporative emission tests for emission data 
vehicle(s) selected for testing under Sec. 86.094-24(b)(1) (ii), (iii), 
(iv)(A), or (vii)(B) shall be conducted at the mileage (2,000 mile 
minimum) at which the engine-system combination is stabilized for 
emission testing or at 6,436 kilometer (4,000 mile) test point under 
low-altitude conditions.
    (D) If the manufacturer recommends adjustments or modifications in 
order to conform to emission standards at high altitude, such 
adjustments or modifications shall be made to the test vehicle selected 
under Sec. 86.094-24(b)(1) (v) and (viii) (in accordance with the 
instructions to be provided to the ultimate purchaser) before being 
tested under high-altitude conditions.
    (ii) Diesel-cycle. (A) The manufacturer shall determine, for each 
engine family, the mileage at which the engine-system combination is 
stabilized for emission data testing. The manufacturer shall maintain, 
and provide to the Administrator if requested, a record of the rationale 
used in making this determination. The manufacturer may elect to 
accumulate 4,000 miles on each test vehicle within an engine family 
without making a determination. The manufacturer must accumulate a 
minimum of 2,000 miles (3,219 kilometers) on each test vehicle within an 
engine family. All test vehicle mileage must be accurately determined, 
recorded, and reported to the Administrator. Any vehicle used to 
represent emission data vehicle selections under Sec. 86.094-24(b)(1) 
shall be equipped with an engine and emission control system that has 
accumulated the mileage the manufacturer chose to accumulate on the test 
vehicle. Fuel economy data generated from certification vehicles 
selected in accordance with Sec. 86.094-24(b)(1) with engine-system 
combinations that have accumulated more than 10,000 kilometers (6,200 
miles) shall be factored in accordance with Sec. 600.006(c) of this 
chapter. Complete exhaust emission tests shall be conducted for each 
emission data vehicle selection under Sec. 86.094-24(b)(1). The 
administrator may determine under Sec. 86.094-24(f) that no testing is 
required.
    (B) Emission tests for emission data vehicle(s) selected for testing 
under Sec. 86.094-24(b)(1)(v) shall be conducted at the mileage (2,000 
mile minimum) at which the engine-system combination is stabilized for 
emission testing or at the 6,436 kilometer (4,000 mile) test point under 
high-altitude conditions.
    (C) Exhaust and evaporative emission tests for emission data 
vehicle(s) selected for testing under Sec. 86.094-24(b)(1) (ii), (iii), 
and (iv) shall be conducted at the mileage (2,000 mile minimum) at which 
the engine-system combination is stabilized for emission testing or at 
the 6,436 kilometer (4,000 mile) test point under low-altitude 
conditions.
    (D) If the manufacturer recommends adjustments or modifications in 
order to conform to emission standards at high-altitude, such 
adjustments or modifications shall be made to the test vehicle selected 
under Sec. 86.094-24(b)(1) (v) and (viii) (in accordance with the 
instructions to be provided to the ultimate purchaser) before being 
tested under high-altitude conditions.
    (iii) [Reserved]
    (iv) All tests required by this subpart on emission data vehicles 
shall be conducted at a mileage equal to or greater than the mileage the 
manufacturer determines under paragraph (b)(4) of this section.
    (c)(1) Paragraph (c) of this section applies to heavy-duty engines.
    (2) Two types of service accumulation are applicable to heavy-duty 
engines, as described in paragraphs (c)(2) (i) and (ii) of this section.
    (i) Service accumulation on engines, subsystems, or components 
selected by the manufacturer under Sec. 86.094-

[[Page 423]]

24(c)(3)(i). The manufacturer determines the form and extent of this 
service accumulation, consistent with good engineering practice, and 
describes it in the application for certification.
    (ii) Dynamometer service accumulation on emission data engines 
selected under Sec. 86.094-24(b) (2) or (3). The manufacturer 
determines the engine operating schedule to be used for dynamometer 
service accumulation, consistent with good engineering practice. A 
single engine operating schedule shall be used for all engines in an 
engine family-control system combination. Operating schedules may be 
different for different combinations.
    (3) Exhaust emission deterioration factors will be determined on the 
basis of the service accumulation described in paragraph (b)(2)(i) of 
this section and related testing, according to the manufacturer's 
procedures.
    (4) The manufacturer shall determine, for each engine family, the 
number of hours at which the engine system combination is stabilized (no 
less than 62 hours for catalyst equipped) for emission data testing. The 
manufacturer shall maintain, and provide to the Administrator if 
requested, a record of the rationale used in making this determination. 
The manufacturer may elect to accumulate 125 hours on each test engine 
within an engine family without making a determination. Any engine used 
to represent emission data engine selections under Sec. 86.094-24(b)(2) 
shall be equipped with an engine system combination that has accumulated 
at least the number of hours determined under this paragraph. Complete 
exhaust emission tests shall be conducted for each emission data engine 
selection under Sec. 86.094-24(b)(2). Evaporative emission controls 
need not be connected provided normal operating conditions are 
maintained in the engine induction system. The Administrator may 
determine under Sec. 86.094-24(f) that no testing is required.
    (d)(1) Paragraph (d) of this section applies to both light-duty 
trucks and heavy-duty engines.
    (2)(i) The results of all emission testing shall be supplied to the 
Administrator. The manufacturer shall furnish to the Administrator 
explanation for voiding any test. The Administrator will determine if 
voiding the test was appropriate based upon the explanation given by the 
manufacturer for the voided test. Tests between test points may be 
conducted as required by the Administrator. Data from all tests 
(including voided tests) may be submitted weekly to the Administrator, 
but shall be air posted or delivered to the Administrator within 7 days 
after completion of the test. In addition, all test data shall be 
compiled and provided to the Administrator in accordance with Sec. 
86.094-23. Where the Administrator conducts a test on a durability data 
vehicle at a prescribed test point, the results of that test will be 
used in the calculation of the deterioration factor.
    (ii) The results of all emission tests shall be recorded and 
reported to the Administrator. These test results shall be rounded, in 
accordance with ASTM E 29-67 (reapproved 1980) (as referenced in 
paragraph (a)(6)(iii) of this section), to the number of decimal places 
contained in the applicable emission standard expressed to one 
additional significant figure.
    (3) Whenever a manufacturer intends to operate and test a vehicle 
(or engine) which may be used for emission data, the manufacturer shall 
retain in its records all information concerning all emissions tests and 
maintenance, including vehicle (or engine) alterations to represent 
other vehicle (or engine) selections. This information shall be 
submitted, including the vehicle (or engine) description and 
specification information required by the Administrator, to the 
Administrator following the emission data test.
    (4)-(5) [Reserved]
    (6) Emission testing of any type with respect to any certification 
vehicle or engine other than that specified in this subpart is not 
allowed except as such testing may be specifically authorized by the 
Administrator.

[58 FR 4021, Jan. 12, 1993, as amended at 59 FR 36369, July 18, 1994; 62 
FR 11082, Mar. 11, 1997; 62 FR 44875, Aug. 22, 1997]

    Editorial Note: At 65 FR 47325, Aug. 2, 2000, Sec. 86.094-26 was 
amended in paragraph (a)(6)(iii) by revising the phrase ``401 M Street 
SW'' to read ``401 M St., SW.''; however this exact phrase does not 
exist in this paragraph in the 2000 edition of this volume.

[[Page 424]]



Sec. 86.094-28  Compliance with emission standards.

    (a)(1) Paragraph (a) of this section applies to lightduty vehicles.
    (2) Each exhaust and evaporative emission standard (and family 
particulate emission limit, as appropriate) of Sec. 86.094-8 applies to 
the emissions of vehicles for the appropriate useful life as defined in 
Sec. Sec. 86.094-2 and 86.094-8.
    (3) Since it is expected that emission control efficiency will 
change with mileage accumulation on the vehicle, the emission level of a 
vehicle which has accumulated mileage equal to the specified useful life 
will be used as the basis for determining compliance with the standard 
(or family particulate emission limit, as appropriate).
    (4) The procedure for determining compliance of a new motor vehicle 
with exhaust and evaporative emission standards (or family particulate 
emission limit, as appropriate) is as described in paragraphs (a)(4) (i) 
through (v) of this section, except where specified by paragraph (a)(7) 
of this section for the Production AMA Durability Program.
    (i) Separate emission deterioration factors shall be determined from 
the exhaust emission results of the durability data vehicle(s) for each 
engine-system combination. A separate evaporative emission deterioration 
factor shall be determined for each evaporative emission family-
evaporative emission control system combination from the testing 
conducted by the manufacturer (gasoline-fueled and methanol-fueled 
vehicles only).
    (A) The applicable results to be used, unless excluded by paragraph 
(a)(4)(i)(A)(4) of this section, in determining the exhaust emission 
deterioration factors for each engine-system combination shall be those 
described in paragraphs (a)(4)(i)(A) (1) through (3) of this section.
    (1) All valid exhaust emission data from the tests required under 
Sec. 86.094-26(a)(4) except the zero-mile tests. This shall include the 
official test results, as determined in Sec. 86.094-29 for all tests 
conducted on all durability data vehicles of the combination selected 
under Sec. 86.094-24(c) (including all vehicles elected to be operated 
by the manufacturer under Sec. 86.094-24(c)(1)(ii)).
    (2) All exhaust emission data from the tests conducted before and 
after the scheduled maintenance provided in Sec. 86.094-25.
    (3) All exhaust emission data from tests required by maintenance 
approved under Sec. 86.094-25, in those cases where the Administrator 
conditioned his approval for the performance of such maintenance on the 
inclusion of such data in the deterioration factor calculation.
    (4) The manufacturer has the option of applying an outlier test 
point procedure to completed durability data within its certification 
testing program for a given model year. The outlier procedure will be 
specified by the Administrator. For any pollutant, durability data test 
points that are identified as outliers shall not be included in the 
determination of deterioration factors if the manufacturer has elected 
this option. The manufacturer shall specify to the Administrator before 
the certification of the first engine family for that model year, if it 
intends to use the outlier procedure. The manufacturer may not change 
procedures after the first engine family of the model year is certified. 
Where the manufacturer chooses to apply both the outlier procedure and 
averaging (as allowed under Sec. 86.094-26(a)(6)(i)) to the same data 
set, the outlier procedure shall be completed prior to applying the 
averaging procedure.
    (B)(1) Line crossing. For each exhaust constituent to which a 
standard in Sec. 86.094-8 applies, all applicable exhaust emission 
results shall be rounded to the nearest mile and plotted as a function 
of the mileage on the system. The best fit straight line, fitted by the 
method of least squares, shall be drawn through all these data points. 
The data for a given exhaust constituent will be acceptable for use in 
the calculation of deterioration factors only if the first official test 
point as determined in Sec. 86.094-26(a)(4)(i)(C), the interpolated 
intermediate useful life mile point, and the interpolated full useful 
life mile point on this line, as applicable, are each less than or equal 
to the respective low-altitude standards provided in Sec. 86.094-8. An 
exception to this where data are still acceptable is when a best fit 
straight line crosses an applicable

[[Page 425]]

standard but no data points exceeded the standard. This exception shall 
not apply when mileage accumulation has been curtailed before the 
durability useful life has been reached, under the provisions of Sec. 
86.094-26(a)(4)(i)(B).
    (2) Exhaust deterioration factor determination. Multiplicative 
exhaust emission deterioration factors shall be calculated for each 
standard and for each engine-system combination from points on the 
regression line derived in paragraph (a)(4)(i)(B)(1) of this section, 
and in accordance with paragraphs (a)(4)(i)(B)(2) (i) and (ii) of this 
section.
    (i) Factor=Exhaust emissions at the useful life mileage for that 
standard divided by exhaust emissions at 4,000 miles.
    (ii) These interpolated values shall be carried out to a minimum of 
four places to the right of the decimal point before dividing one by the 
other to determine the deterioration factor. The results shall be 
rounded to three places to the right of the decimal point in accordance 
with ASTM E 29-67 (reapproved 1980) (``Standard recommended practice for 
indicating which places of figures are to be considered significant in 
specified limiting values,'' American Society for Testing and 
Materials). This incorporation by reference was approved by the Director 
of the Federal Register in acccordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. Copies may be obtained from American Society for Testing and 
Materials, 1916 Race St., Philadelphia, PA 19103. Copies may be 
inspected at the U.S. Environmental Protection Agency, Air Docket 
Section, room M-1500, 1200 Pennsylvania Ave., NW., Washington, DC 20460 
or at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal--register/code--of--
federal--regulations/ibr--locations.html.
    (iii) When calculating intermediate and full useful life 
deterioration factors all data points should be included in the 
calculations, except that total hydrocarbon (THC) test points beyond the 
50,000-mile (useful life) test point shall not be included in the 
calculations.
    (iv) The calculation specified in paragraph (a)(4)(i)(B)(2) of this 
section may be modified with advance approval of the Administrator for 
engine-system combinations which are certified under the Alternative 
Service Accumulation Durability Program specified in Sec. 86.094-13(e).
    (C) Evaporative deterioration factor determination. An evaporative 
emissions deterioration factor (gasoline-fueled and methanol-fueled 
vehicles only) shall be determined from the testing conducted as 
described in Sec. 86.094-21(b)(4)(i) and in accordance with paragraphs 
(a)(4)(i)(C) (1) and (2) of this section, for each evaporative emission 
family-evaporative emission control system combination to indicate the 
evaporative emission level at the applicable useful life relative to the 
evaporative emission level at 4,000 miles.
    (1) Factor=Evaporative emission level at the useful life mileage for 
that standard minus the evaporative emission level at 4,000 miles.
    (2) The factor shall be established to a minimum of two places to 
the right of the decimal.
    (ii)(A)(1) The official exhaust emission test results for each 
applicable exhaust emission standard for each emission data vehicle at 
the selected test point shall be multiplied by the appropriate 
deterioration factor: Provided, That if a deterioration factor as 
computed in paragraph (a)(4)(i)(B) of this section is less than one, 
that deterioration factor shall be one for the purposes of this 
paragraph.
    (2) The calculation specified in paragraph (a)(4)(ii)(A)(1) of this 
section may be modified with advance approval of the Administrator for 
engine-system combinations which are certified under the Alternative 
Service Accumulation Durability Program specified in Sec. 86.094-13(e).
    (B) The official evaporative emission test results (gasoline-fueled 
and methanol-fueled vehicles only) for each evaporative emission data 
vehicle at the selected test point shall be adjusted by addition of the 
appropriate deterioration factor, provided that if a deterioration 
factor as computed in paragraph (a)(4)(i)(C) of this section is

[[Page 426]]

less than zero, that deterioration factor shall be zero for the purposes 
of this paragraph.
    (iii) The emissions to compare with the standard (or the family 
particulate emission limit, as appropriate) shall be the adjusted 
emissions of paragraphs (a)(4)(ii) (A) and (B) of this section for each 
emission data vehicle. Before any emission value is compared with the 
standard (or the family particulate emission limit, as appropriate) it 
shall be rounded, in accordance with ASTM E 29-67 (reapproved 1980) (as 
referenced in paragraph (a)(4)(i)(B)(2)(ii) of this section), to two 
significant figures. The rounded emission values may not exceed the 
standard (or the family particulate emission limit, as appropriate).
    (iv) Every test vehicle of an engine family must comply with the 
exhaust emission standards (or the family particulate emission limit, as 
appropriate), as determined in paragraph (a)(4)(iii) of this section, 
before any vehicle in that family may be certified.
    (v) Every test vehicle of an evaporative emission family must comply 
with the evaporative emission standard, as determined in paragraph 
(a)(4)(iii) of this section, before any vehicle in that family may be 
certified.
    (5) If a manufacturer chooses to change the level of any family 
particulate emission limit(s) in the particulate averaging program, 
compliance with the new limit(s) must be based upon existing 
certification data.
    (6) If a manufacturer chooses to participate in the diesel 
particulate averaging program, the production-weighted average of the 
family particulate emission limits of all affected engine families must 
comply with the particulate standards in Sec. 86.094-8(a)(1)(iv), or 
the composite particulate standard defined in Sec. 86.094-2, as 
appropriate, at the end of the production year.
    (7) The procedure to determine the compliance of new motor vehicles 
in the Production AMA Durability Program described in Sec. 86.094-13 is 
the same as described in paragraphs (a)(4) (iii) through (v) of this 
section. For the engine families that are included in the Production AMA 
Durability Program, the exhaust emission deterioration factors used to 
determine compliance shall be those that the Administrator has approved 
under Sec. 86.094-13. The evaporative emission deterioration factor for 
each evaporative emission family shall be determined and applied 
according to paragraph (a)(4) of this section. The procedures to 
determine the minimum exhaust emission deterioration factors required 
under Sec. 86.094-13(d) are as described in paragraphs (a)(7) (i) and 
(ii) of this section.
    (i) Separate deterioration factors shall be determined from the 
exhaust emission results of the durability data vehicles for each 
emission standard applicable under Sec. 86.094-8, for each engine 
family group. The evaporative emission deterioration factor for each 
evaporative family will be determined and applied in accordance with 
paragraph (a)(4) of this section.
    (ii) The deterioration factors for each engine family group shall be 
determined by the Administrator using historical durability data from as 
many as three previous model years. These data will consist of 
deterioration factors generated by durability data vehicles representing 
certified engine families and of deterioration factors from vehicles 
selected under Sec. 86.094-24(h) . The Administrator shall determine 
how these data will be combined for each engine family group.
    (A) The test result to be used in the calculation of each 
deterioration factor to be combined for each engine family group shall 
be those test results specified in paragraph (a)(4)(i)(A) of this 
section.
    (B) For each durability data vehicle selected under Sec. 86.094-
24(h), all applicable exhaust emission results shall be plotted as a 
function of the mileage on the system rounded to the nearest mile, and 
the best fit straight lines, fitted by method of least squares, shall be 
drawn through all these data points. The exhaust deterioration factor 
for each durability data vehicle shall be calculated as specified in 
paragraph (a)(4)(i)(B) of this section.
    (C) Line-crossing. The line-crossing criteria of Sec. 86.094-28 
(a)(4)(i)(B) apply.
    (1) The Administrator will not accept for certification line-
crossing data from preproduction durability data vehicles selected under 
Sec. 86.094-24(c).
    (2) The Administrator will not accept for certification line-
crossing data

[[Page 427]]

from production durability data vehicles selected under Sec. 86.094-
24(h)(1) unless the 4,000-mile test result multiplied by the engine 
family group deterioration factor does not exceed the applicable 
emission standards. The deterioration factors used for this purpose 
shall be those that were used in the certification of the production 
vehicle. Manufacturers may calculate this product immediately after the 
4,000-mile test of the vehicle. If the product exceeds the applicable 
standards, the manufacturer may, with the approval of the Administrator, 
discontinue the vehicle and substitute a new vehicle. The manufacturer 
may continue the original vehicle, but the data will not be acceptable 
if line crossing occurs.
    (b)(1) Paragraph (b) of this section applies to light-duty trucks.
    (2) Each exhaust and evaporative emission standard (and family 
particulate emission limit, as appropriate) of Sec. 86.094-9 applies to 
the emissions of vehicles for the appropriate useful life as defined in 
Sec. Sec. 86.094-2 and 86.094-9.
    (3) Since emission control efficiency generally decreases with the 
accumulation of mileage on the vehicle, deterioration factors will be 
used in combination with emission data vehicle test results as the basis 
for determining compliance with the standards (or family emission 
limits, as appropriate).
    (4)(i) Paragraph (b)(4) of this section describes the procedure for 
determining compliance of a new vehicle with exhaust emission standards 
(or family emission limits, as appropriate), based on deterioration 
factors. If the manufacturer certifies under the Standard Self-Approval 
Program as specified in Sec. 86.094-13(f), the manufacturer supplies 
the deterioration factors. If the manufacturer certifies under the 
Alternative Service Accumulation Durability Program as specified in 
Sec. 86.094-13(e), the applicable procedure for the determination of 
deterioration factors for light-duty trucks is the same as that 
described in paragraph (a)(4) of this section for light-duty vehicles.
    (ii) Separate exhaust emission deterioration factors, determined 
from tests of vehicles, engines, subsystems, or components conducted by 
the manufacturer, shall be supplied for each standard and for each 
engine-system combination.
    (iii) The official exhaust emission results for each applicable 
exhaust emission standard for each emission data vehicle at the selected 
test point shall be adjusted by multiplication by the appropriate 
deterioration factor. However, if the deterioration factor supplied by 
the manufacturer is less than one, it shall be one for the purposes of 
this paragraph.
    (iv) The emission values to compare with the standards (or family 
emission limits, as appropriate) shall be the adjusted emission values 
of paragraph (b)(4)(iii) of this section rounded to two significant 
figures in accordance with ASTM E 29-67 (reapproved 1980) (as referenced 
in paragraph (a)(4)(i)(B)(2)(ii) of this section) for each emission data 
engine.
    (5)(i) Paragraphs (b)(5)(i) (A) and (B) of this section apply only 
to manufacturers electing to participate in the particulate averaging 
program.
    (A) If a manufacturer chooses to change the level of any family 
particulate emission limit(s), compliance with the new limit(s) must be 
based upon existing certification data.
    (B) The production-weighted average of the family particulate 
emission limits of all applicable engine families, rounded to two 
significant figures in accordance with ASTM E 29-67 (reapproved 1980) 
(as referenced in paragraph (a)(4)(i)(B)(2)(ii) of this section), must 
comply with the particulate standards in Sec. 86.094-9(a)(1)(iv) or 
(d)(1)(iv), or the composite particulate standard as defined in Sec. 
86.094-2, as appropriate, at the end of the product year.
    (ii) Paragraphs (b)(5)(ii) (A) and (B) of this section apply only to 
manufacturers electing to participate in the NOX averaging 
program.
    (A) If a manufacturer chooses to change the level of any family 
NOX emission limit(s), compliance with the new limit(s) must 
be based upon existing certification data.
    (B) The production-weighted average of the family NOX 
emission limits of all applicable engine families, rounded to two 
significant figures in accordance with ASTM E 29-67 (reapproved 1980) 
(as referenced in paragraph

[[Page 428]]

(a)(4)(i)(B)(2)(ii) of this section), must comply with the 
NOX emission standards of Sec. 86.094-9(a)(1)(iii) (A) or 
(B) of Sec. 86.094-9(d)(1)(iii) (A) or (B), or the composite 
NOX standard as defined in Sec. 86.094-2, at the end of the 
product year.
    (6) [Reserved]
    (7)(i) Paragraph (b)(7) of this section describes the procedure for 
determining compliance of a new vehicle with evaporative emission 
standards. The procedure described here shall be used for all vehicles 
in all model years.
    (ii) The manufacturer shall determine, based on testing described in 
Sec. 86.091-21(b)(4)(i), and supply an evaporative emission 
deterioration factor for each evaporative emission family-evaporative 
emission control system combination. The factor shall be calculated by 
subtracting the emission level at the selected test point from the 
emission level at the useful life point.
    (iii) The official evaporative emission test results for each 
evaporative emission data vehicle at the selected test point shall be 
adjusted by the addition of the appropriate deterioration factor. 
However, if the deterioration factor supplied by the manufacturer is 
less than zero, it shall be zero for the purposes of this paragraph.
    (iv) The emission value to compare with the standards shall be the 
adjusted emission value of paragraph (b)(7)(iii) of this section rounded 
to two significant figures in accordance with ASTM E 29-67 (reapproved 
1980) (as referenced in paragraph (a)(4)(i)(B)(2)(ii) of this section) 
for each evaporative emission data vehicle.
    (8) Every test vehicle of an engine family must comply with all 
applicable standards (and family emission limits, as appropriate), as 
determined in paragraphs (b)(4)(iv) and (b)(7)(iv) of this section, 
before any vehicle in that family will be certified.
    (c)(1) Paragraph (c) of this section applies to heavy-duty engines.
    (2) The exhaust emission standards (or family emission limits, as 
appropriate) for Otto-cycle engines in Sec. 86.094-10 or for diesel-
cycle engines in Sec. 86.094-11 apply to the emissions of engines for 
their useful life.
    (3) Since emission control efficiency generally decreases with the 
accumulation of service on the engine, deterioration factors will be 
used in combination with emission data engine test results as the basis 
for determining compliance with the standards.
    (4)(i) Paragraph (c)(4) of this section describes the procedure for 
determining compliance of an engine with emission standards (or family 
emission limits, as appropriate), based on deterioration factors 
supplied by the manufacturer.
    (ii) Separate exhaust emission deterioration factors, determined 
from tests of engines, subsystems, or components conducted by the 
manufacturer, shall be supplied for each engine-system combination. For 
Otto-cycle engines, separate factors shall be established for transient 
HC (THCE), CO, and NOX; and idle CO, for those engines 
utilizing aftertreatment technology (e.g., catalytic converters). For 
diesel-cycle engines, separate factors shall be established for 
transient HC (THCE), CO, NOX. and exhaust particulate. For 
diesel-cycle smoke testing, separate factors shall also be established 
for the acceleration mode (designated as ``A''), the lugging mode 
(designated as ``B''), and peak opacity (designated as ``C'').
    (iii)(A) Paragraphs (c)(4)(iii)(A) (1) and (2) of this section apply 
to Otto-cycle heavy-duty engines.
    (1) Otto-cycle heavy-duty engines not utilizing aftertreatment 
technology (e.g., catalytic converters). For transient HC (THCE), CO, 
and NOX. the official exhaust emission results for each 
emission data engine at the selected test point shall be adjusted by the 
addition of the appropriate deterioration factor. However, if the 
deterioration factor supplied by the manufacturer is less than zero, it 
shall be zero for the purposes of this paragraph.
    (2) Otto-cycle heavy-duty engines utilizing aftertreatment 
technology (e.g., catalytic converters). For transient HC (THCE), CO, 
and NOX. and for idle CO, the official exhaust emission 
results for each emission data engine at the selected test point shall 
be adjusted by multiplication by the appropriate deterioration factor. 
However, if the deterioration factor supplied by the manufacturer is 
less than one, it shall be one for the purposes of this paragraph.

[[Page 429]]

    (B) Paragraph (c)(4)(iii)(B) of this section applies to diesel-cycle 
heavy-duty engines.
    (1) Diesel-cycle heavy-duty engines not utilizing aftertreatment 
technology (e.g., particulate traps). For transient HC (THCE), CO, 
NOX. and exhaust particulate, the official exhaust emission 
results for each emission data engine at the selected test point shall 
be adjusted by the addition of the appropriate deterioration factor. 
However, if the deterioration factor supplied by the manufacturer is 
less than zero, it shall be zero for the purposes of this paragraph.
    (2) Diesel-cycle heavy-duty engines utilizing aftertreatment 
technology (e.g., particulate traps). For transient HC (THCE), CO, 
NOX. and exhaust particulate, the official exhaust emission 
results for each emission data engine at the selected test point shall 
be adjusted by multiplication by the appropriate deterioration factor. 
However, if the deterioration factor supplied by the manufacturer is 
less than one, it shall be one for the purposes of this paragraph.
    (3) Diesel-cycle heavy-duty engines only. For acceleration smoke 
(``A''), lugging smoke (``B''), and peak smoke (``C''), the official 
exhaust emission results for each emission data engine at the selected 
test point shall be adjusted by the addition of the appropriate 
deterioration factor. However, if the deterioration factor supplied by 
the manufacturer is less than zero, it shall be zero for the purposes of 
this paragraph.
    (iv) The emission values to compare with the standards (or family 
emission limits, as appropriate) shall be the adjusted emission values 
of paragraph (c)(4)(iii) of this section, rounded to the same number of 
significant figures as contained in the applicable standard in 
accordance with ASTM E 29-67 (reapproved 1980) (as referenced in 
paragraph (a)(4)(i)(B)(2)(ii) of this section), for each emission data 
engine.
    (5)-(6) [Reserved]
    (7) Every test engine of an engine family must comply with all 
applicable standards (or family emission limits, as appropriate), as 
determined in paragraph (c)(4)(iv) of this section, before any engine in 
that family will be certified.
    (d)(1) Paragraph (d) of this section applies to heavy-duty vehicles 
equipped with gasoline-fueled or methanol-fueled engines.
    (2) The applicable evaporative emission standard in Sec. 86.091-10 
or Sec. 86.094-11 applies to the emissions of vehicles for their useful 
life.
    (3)(i) For vehicles with a GVWR of up to 26,000 pounds, because it 
is expected that emission control efficiency will change during the 
useful life of the vehicle, an evaporative emission deterioration factor 
shall be determined from the testing described in Sec. 86.088-23(b)(3) 
for each evaporative emission family-evaporative emission control system 
combination to indicate the evaporative emission control system 
deterioration during the useful life of the vehicle (minimum 50,000 
miles). The factor shall be established to a minimum of two places to 
the right of the decimal.
    (ii) For vehicles with a GVWR of greater than 26,000 pounds, because 
it is expected that emission control efficiency will change during the 
useful life of the vehicle, each manufacturer's statement as required in 
Sec. 86.094-23(b) (4) (ii) shall include, in accordance with good 
engineering practice, consideration of control system deterioration.
    (4) The evaporative emission test results, if any, shall be adjusted 
by the addition of the appropriate deterioration factor, provided that 
if the deterioration factor as computed in paragraph (d)(3) of this 
section is less than zero, that deterioration factor shall be zero for 
the purposes of this paragraph.
    (5) The emission level to compare with the standard shall be the 
adjusted emission level of paragraph (d)(4) of this section. Before any 
emission value is compared with the standard, it shall be rounded, in 
accordance with ASTM E 29-67 (reapproved 1980) (as referenced in 
paragraph (a)(4)(i)(B)(2)(ii) of this section), to two significant 
figures. The rounded emission values may not exceed the standard.
    (6) Every test vehicle of an evaporative emission family must comply 
with the evaporative emission standard, as determined in paragraph 
(d)(5)

[[Page 430]]

of this section, before any vehicle in that family may be certified.

[58 FR 4025, Jan. 12, 1993]

    Editorial Note: At 65 FR 47325, Aug. 2, 2000, Sec. 86.094-28 was 
amended in paragraph (a)(4)(i)(B)(2)(ii) by revising the phrase ``401 M 
Street SW'' to read ``401 M St., SW.''; however this exact phrase does 
not appear in this paragraph in the 2000 edition of this volume.



Sec. 86.094-30  Certification.

    (a)(1)(i) If, after a review of the test reports and data submitted 
by the manufacturer, data derived from any inspection carried out under 
Sec. 86.091-7(c) and any other pertinent data or information, the 
Administrator determines that a test vehicle(s) (or test engine(s)) 
meets the requirements of the Act and of this subpart, he will issue a 
certificate of conformity with respect to such vehicle(s) (or engine(s)) 
except in cases covered by paragraphs (a) (1) (ii) and (c) of this 
section.
    (ii) Gasoline-fueled and methanol-fueled heavy-duty vehicles. If, 
after a review of the statement(s) of compliance submitted by the 
manufacturer under Sec. 86.094-23(b)(4) and any other pertinent data or 
information, the Administrator determines that the requirements of the 
Act and this subpart have been met, he will issue one certificate of 
conformity per manufacturer with respect to the evaporative emission 
family(ies) covered by paragraph (c) of this section.
    (2) Such certificate will be issued for such period not to exceed 
one model year as the Administrator may determine and upon such terms as 
he may deem necessary or appropriate to assure that any new motor 
vehicle (or new motor vehicle engine) covered by the certificate will 
meet the requirements of the Act and of this part.
    (3)(i) One such certificate will be issued for each engine family. 
For gasoline-fueled and methanol-fueled light-duty vehicles and light-
duty trucks, one such certificate will be issued for each engine family 
evaporative emission family combination.
    (A) Light-duty vehicles. Each certificate will certify compliance 
with no more than one set of in-use and certification standards (or 
family emission limits, as appropriate).
    (B) Light-duty trucks. Each certificate will certify compliance with 
no more than one set of in-use and certification standards (or family 
emission limits, as appropriate), except where there are both low-
altitude standards and high altitude standards applicable. The 
certificate shall state that it covers vehicles sold or delivered to an 
ultimate purchaser for principal use at a designated high-altitude 
location only if the vehicle conforms in all material respects to the 
design specifications that apply to those vehicles described in the 
application for certification at high altitude.
    (ii) For gasoline-fueled and methanol-fueled heavy-duty vehicles, 
one such certificate will be issued for each manufacturer and will 
certify compliance for those vehicles previously identified in that 
manufacturer's statement(s) of compliance as required in Sec. 86.094-
23(b)(4) (i) and (ii).
    (iii) For diesel-cycle light-duty vehicles and light-duty trucks, or 
diesel-cycle heavy-duty engines, included in the applicable particulate 
averaging program, the manufacturer may at any time during production 
elect to change the level of any family particulate emission limit by 
demonstrating compliance with the new limit as described in Sec. Sec. 
86.094-28(a)(6) and 86.094-28(b)(5)(i) . New certificates issued under 
this paragraph will be applicable only for vehicles (or engines) 
produced subsequent to the date of issuance.
    (iv) For light-duty trucks or heavy-duty engines included in the 
applicable NOX averaging program, the manufacturer may at any 
time during production elect to change the level of any family 
NOX emission limit by demonstrating compliance with the new 
limit as described in Sec. 86.094-28(b)(5)(ii). New certificates issued 
under this paragraph will be applicable only for vehicles (or engines) 
produced subsequent to the day of issue.
    (4)(i) The adjustment or modification of any light-duty truck in 
accordance with instructions provided by the manufacturer for the 
altitude where the vehicle is principally used will not be considered a 
violation of section 203(a)(3) of the Clean Air Act (42 U.S.C. 7522 
(a)(3)).

[[Page 431]]

    (ii) A violation of section 203(a)(1) of the Clean Air Act (42 
U.S.C. 7522(a)(1)) occurs when a manufacturer sells or delivers to an 
ultimate purchaser any light-duty vehicle or light-duty truck, subject 
to the regulations under the Act, under any of the conditions specified 
in the remainder of this paragraph.
    (A) When a light-duty vehicle or light-duty truck is not configured 
to meet high-altitude requirements:
    (1) At a designated high-altitude location, unless such manufacturer 
has reason to believe that such vehicle will not be sold to an ultimate 
purchaser for principal use at a designated high-altitude location; or
    (2) At a location other than a designated high-altitude location, 
when such manufacturer has reason to believe that such motor vehicle 
will be sold to an ultimate purchaser for principal use at a designated 
high-altitude location.
    (B) When a light-duty vehicle is not configured to meet low-altitude 
requirements, as provided in Sec. 86.094-8(i) :
    (1) At a designated low-altitude location, unless such manufacturer 
has reason to believe that such vehicle will not be sold to an ultimate 
purchaser for principal use at a designated low-altitude location; or
    (2) At a location other than a designated low-altitude location, 
when such manufacturer has reason to believe that such motor vehicle 
will be sold to an ultimate purchaser for principal use at a designated 
low-altitude location.
    (iii) A manufacturer shall be deemed to have reason to believe that 
a light-duty vehicle that has been exempted from compliance with 
emission standards at high-altitude, or a light-duty truck which is not 
configured to meet high-altitude requirements, will not be sold to an 
ultimate purchaser for principal use at a designated high-altitude 
location if the manufacturer has informed its dealers and field 
representatives about the terms of these high-altitude regulations, has 
not caused the improper sale itself, and has taken reasonable action 
which shall include, but not be limited to, either paragraph (a)(4)(iii) 
(A) or (B), and paragraph (a)(4)(iii)(C) of this section:
    (A) Requiring dealers in designated high-altitude locations to 
submit written statements to the manufacturer signed by the ultimate 
purchaser that a vehicle which is not configured to meet high-altitude 
requirements will not be used principally at a designated high-altitude 
location; requiring dealers in counties contiguous to designated high-
altitude locations to submit written statements to the manufacturer, 
signed by the ultimate purchaser who represents to the dealer in the 
normal course of business that he or she resides in a designated high-
altitude location, that a vehicle which is not configured to meet high-
altitude requirements will not be used principally at a designated high-
altitude location; and for each sale or delivery of fleets of ten or 
more such vehicles in a high-altitude location or in counties contiguous 
to high-altitude locations, requiring either the selling dealer or the 
delivering dealer to submit written statements to the manufacturer, 
signed by the ultimate purchaser who represents to the dealer in the 
normal course of business that he or she resides in a designated high-
altitude location, that a vehicle which is not configured to meet high-
altitude requirements will not be used principally at a designated high-
altitude location. In addition, the manufacturer will make available to 
EPA, upon reasonable written request (but not more frequently than 
quarterly, unless EPA has demonstrated that it has substantial reason to 
believe that an improperly configured vehicle has been sold), sales, 
warranty, or other information pertaining to sales of vehicles by the 
dealers described above maintained by the manufacturer in the normal 
course of business relating to the altitude configuration of vehicles 
and the locations of ultimate purchasers; or
    (B) Implementing a system which monitors factory orders of low-
altitude vehicles by high-altitude dealers, or through other means, 
identifies dealers that may have sold or delivered a vehicle not 
configured to meet the high-altitude requirements to an ultimate 
purchaser for principal use at a designated high-altitude location; and 
making such information available to EPA upon reasonable written request

[[Page 432]]

(but not more frequently than quarterly, unless EPA has demonstrated 
that it has substantial reason to believe that an improperly configured 
vehicle has been sold); and
    (C) Within a reasonable time after receiving written notice from EPA 
or a State or local government agency that a dealer may have improperly 
sold or delivered a vehicle not configured to meet the high-altitude 
requirements to an ultimate purchaser residing in a designated high-
altitude location, or based on information obtained pursuant to 
paragraph (a)(4)(iii) of this section that a dealer may have improperly 
sold or delivered a significant number of such vehicles to ultimate 
purchasers so residing, reminding the dealer in writing of the 
requirements of these regulations, and, where appropriate, warning the 
dealer that sale by the dealer of vehicles not configured to meet high-
altitude requirements may be contrary to the terms of its franchise 
agreement with the manufacturer and the dealer certification 
requirements of Sec. 85.2108 of this chapter.
    (iv) A manufacturer shall be deemed to have reason to believe that a 
light-duty vehicle which has been exempted from compliance with emission 
standards at low-altitude, as provided in Sec. 86.094-8(i), will not be 
sold to an ultimate purchaser for principal use at a designated low-
altitude location if the manufacturer has informed its dealers and field 
representatives about the terms of the high-altitude regulations, has 
not caused the improper sale itself, and has taken reasonable action 
which shall include, but not be limited to, either paragraph (a)(4)(iv) 
(A) or (B), and (a)(4)(iv)(C) of this section:
    (A) Requiring dealers in designated low-altitude locations to submit 
written statements to the manufacturer signed by the ultimate purchaser 
that a vehicle which is not configured to meet low-altitude requirements 
will not be used principally at a designated low-altitude location; 
requiring dealers in counties contiguous to designated low-altitude 
locations to submit written statements to the manufacturer, signed by 
the ultimate purchaser who represents to the dealer in the normal course 
of business that he or she resides in a designated low-altitude 
location, that a vehicle which is not configured to meet low-altitude 
requirements will not be used principally at a designated low-altitude 
location; and for each sale or delivery of fleets of ten or more such 
vehicles in a low-altitude location or in counties contiguous to low-
altitude locations, requiring either the selling dealer or the 
delivering dealer to submit written statements to the manufacturer, 
signed by the ultimate purchaser who represents to the dealer in the 
normal course of business that he or she resides in a designated low-
altitude location, that a vehicle which is not configured to meet low-
altitude requirements will not be used principally at a designated high-
altitude location. In addition, the manufacturer will make available to 
EPA, upon reasonable written request (but not more frequently than 
quarterly, unless EPA has demonstrated that it has substantial reason to 
believe that an improperly configured vehicle has been sold), sales, 
warranty, or other information pertaining to sales of vehicles by the 
dealers described above maintained by the manufacturer in the normal 
course of business relating to the altitude configuration of vehicles 
and the locations of ultimate purchasers; or
    (B) Implementing a system which monitors factory orders of high-
altitude vehicles by low-altitude dealers, or through other means, 
identifies dealers that may have sold or delivered a vehicle not 
configured to meet the low-altitude requirements to an ultimate 
purchaser for principal use at a designated low-altitude location; and 
making such information available to EPA upon reasonable written request 
(but not more frequently than quarterly, unless EPA has demonstrated 
that it has substantial reason to believe that an improperly configured 
vehicle has been sold); and
    (C) Within a reasonable time after receiving written notice from EPA 
or a state or local government agency that a dealer may have improperly 
sold or delivered a vehicle not configured to meet the low-altitude 
requirements to an ultimate purchaser residing in a designated low-
altitude location, or

[[Page 433]]

based on information obtained pursuant to paragraph (a)(4)(iv) of this 
section that a dealer may have improperly sold or delivered a 
significant number of such vehicles to ultimate purchasers so residing, 
reminding the dealer in writing of the requirements of these 
regulations, and, where appropriate, warning the dealer that sale by the 
dealer of vehicles not configured to meet low-altitude requirements may 
be contrary to the terms of its franchise agreement with the 
manufacturer and the dealer certification requirements of Sec. 85.2108 
of this chapter.
    (5)(i) For the purpose of paragraph (a) of this section, a 
``designated high-altitude location'' is any county which has 
substantially all of its area located above 1,219 meters (4,000 feet) 
and:
    (A) Requested and extension past the attainment date of December 31, 
1982, for compliance with either the National Ambient Air Quality 
Standards for carbon monoxide or ozone, as indicated in part 52 
(Approval and Promulgation of Implementation Plans) of this title; or
    (B) Is in the same state as a county designated as a high-altitude 
location according to paragraph (a)(5)(i)(A) of this section.
    (ii) The designated high-altitude locations defined in paragraph 
(a)(5)(i) of this section are listed below:

                            State of Colorado

Adams
Alamosa
Arapahoe
Archuleta
Boulder
Chaffee
Cheyenne
Clear Creek
Conejos
Costilla
Crowley
Custer
Delta
Denver
Dolores
Douglas
Eagle
Elbert
El Paso
Fremont
Garfield
Gilpin
Grand
Gunnison
Hinsdale
Huerfano
Jackson
Jefferson
Kit Carson
Lake
La Plata
Larimer
Las Animas
Lincoln
Mesa
Mineral
Moffat
Montezuma
Montrose
Morgan
Otero
Ouray
Park
Pitkin
Pueblo
Rio Blanco
Rio Grande
Routt
Saguache
San Juan
San Miguel
Summit
Teller
Washington
Weld


                             State of Nevada

Carson City
Douglas
Elko
Esmeralda
Eureka
Humboldt
Lander
Lincoln
Lyon
Mineral
Nye
Pershing
Storey
Washoe
White Pine


                           State of New Mexico

Bernalillo
Catron
Colfax
Curry
De Baca
Grant
Guadalupe
Harding
Hidalgo
Lincoln
Los Alamos
Luna
McKinley
Mora
Otero
Rio Arriba
Roosevelt
Sandoval
San Juan
San Miguel
Santa Fe
Sierra
Socorro
Taos
Torrance
Union
Valencia

                              State of Utah

Beaver
Box Elder
Cache
Carbon
Daggett
Davis
Duchesne
Emery
Garfield
Grand
Iron
Juab
Kane
Millard
Morgan
Piute
Rich
Salt Lake
San Juan
Sanpete
Sevier
Summit
Tooele
Uintah
Utah
Wasatch
Wayne
Weber

    (iii) For the purpose of paragraph (a) of this section, a 
``designated low-altitude location'' is any county which has 
substantially all of its area located below 1,219 meters (4,000 feet).
    (iv) The designated low-altitude locations so defined include all 
counties in the United States which are not listed in either paragraph 
(a)(5)(ii) of this section or in the list below:

                            State of Arizona

Apache
Cochise
Coconino
Navajo
Yavapai

[[Page 434]]



                             State of Idaho

Bannock
Bear Lake
Bingham
Blaine
Bonneville
Butte
Camas
Caribou
Cassia
Clark
Custer
Franklin
Fremont
Jefferson
Lemhi
Madison
Minidoka
Oneida
Power
Treton
Valley

                            State of Montana

Beaverhead
Deer Lodge
Gallatin
Jefferson
Judith Basin
Madison
Meagher
Park
Powell
Silver Bow
Wheatland

                            State of Nebraska

Banner
Cheyenne
Kimball
Sioux

                             State of Oregon

Harney
Klamath
Lake

                             State of Texas

Jeff Davis
Hudspeth
Parmer

                            State of Wyoming

Albany
Campbell
Carbon
Converse
Fremont
Goshen
Hot Springs
Johnson
Laramie
Lincoln
Natrona
Niobrara
Park
Platte
Sublette
Sweetwater
Teton
Uinta
Washakie
Weston

    (6) Catalyst-equipped vehicles, otherwise covered by a certificate, 
which are driven outside the United States, Canada, and Mexico will be 
presumed to have been operated on leaded gasoline resulting in 
deactivation of the catalysts. If these vehicles are imported or offered 
for importation without retrofit of the catalyst, they will be 
considered not to be within the coverage of the certificate unless 
included in a catalyst control program operated by a manufacturer or a 
United States Government agency and approved by the Administrator.
    (7) For incomplete light-duty trucks, a certificate covers only 
those new motor vehicles which, when completed by having the primary 
load-carrying device or container attached, conform to the maximum curb 
weight and frontal area limitations described in the application for 
certification as required in Sec. 86.094-21(d).
    (8) For heavy-duty engines, a certificate covers only those new 
motor vehicle engines installed in heavy-duty vehicles which conform to 
the minimum gross vehicle weight rating, curb weight, or frontal area 
limitations for heavyduty vehicles described in Sec. 86.082-2.
    (9) For incomplete gasoline-fueled and methanol-fueled heavy-duty 
vehicles a certificate covers only those new motor vehicles which, when 
completed, conform to the nominal maximum fuel tank capacity limitations 
as described in the application for certification as required in Sec. 
86.094-21(e).
    (10)(i) For diesel-cycle light-duty vehicle and diesel-cycle light-
duty truck families which are included in a particulate averaging 
program, the manufacturer's production-weighted average of the 
particulate emission limits of all engine families in a participating 
class or classes shall not exceed the applicable diesel-cycle 
particulate standard, or the composite particulate standard defined in 
Sec. 86.090-2 as appropriate, at the end of the model year, as 
determined in accordance with this part. The certificate shall be void 
ab initio for those vehicles causing the production-weighted FEL to 
exceed the particulate standard.
    (ii) For all heavy-duty diesel-cycle engines which are included in 
the particulate averaging, trading, or banking programs under Sec. 
86.094-15, the provisions of paragraphs (a)(10)(ii) (A) through (C) of 
this section apply.
    (A) All certificates issued are conditional upon the manufacturer 
complying with the provisions of Sec. 86.094-15 and the averaging, 
trading, and banking related provision of other applicable sections, 
both during and after the model year production.
    (B) Failure to comply with all provisions of Sec. 86.094-15 will be 
considered to be a failure to satisfy the conditions upon which the 
certificate was issued, and the certificate may be deemed void ab 
initio.

[[Page 435]]

    (C) The manufacturer shall bear the burden of establishing to the 
satisfaction of the Administrator that the conditions upon which the 
certificate was issued were satisfied or excused.
    (11)(i) For light-duty truck families which are included in a 
NOX averaging program, the manufacturer's production-weighted 
average of the NOX emission limits of all such engine 
families shall not exceed the applicable NOX emission 
standard, or the composite NOX emission standard defined in 
Sec. 86.088-2, as appropriate, at the end of the model year, as 
determined in accordance with this part. The certificate shall be void 
ab initio for those vehicles causing the production-weighted FEL to 
exceed the NOX standard.
    (ii) For all heavy duty engines which are included in the 
NOX averaging, trading, or banking programs under Sec. 
86.091-15, the provisions of paragraphs (a)(11)(ii) (A) through (C) of 
this section apply.
    (A) All certificates issued are conditional upon the manufacturer 
complying with the provisions of Sec. 86.094-15 and the averaging, 
trading, and banking related provision of other applicable sections, 
both during and after the model year production.
    (B) Failure to comply with all provisions of Sec. 86.094-15 will be 
considered to be a failure to satisfy the conditions upon which the 
certificate was issued, and the certificate may be deemed void ab 
initio.
    (C) The manufacturer shall bear the burden of establishing to the 
satisfaction of the Administrator that the ``conditions upon which the 
certificate was issued were satisfied or excused.
    (12) For all light-duty vehicles certified to standards under Sec. 
86.094-8 or to which standards under Sec. 86.708-94 are applicable, the 
provisions of paragraphs (a)(12) (i) through (iii) of this section 
apply.
    (i) All certificates issued are conditional upon the manufacturer 
complying with all provisions of Sec. Sec. 86.094-8 and 86.708-94 both 
during and after model year production.
    (ii) Failure to meet the required implementation schedule sales 
percentages as specified in Sec. Sec. 86.094-8 and Sec. 86.708-94 will 
be considered to be a failure to satisfy the conditions upon which the 
certificate(s) was issued and the vehicles sold in violation of the 
implementation schedule shall not be covered by the certificate.
    (iii) The manufacturer shall bear the burden of establishing to the 
satisfaction of the Administrator that the conditions upon which the 
certificate was issued were satisfied.
    (13) For all light-duty trucks certified to standards under Sec. 
86.094-9 and to which standards under Sec. 86.709-94 are applicable, 
the provisions of paragraphs (a)(13) (i) through (iii) this section 
apply.
    (i) All certificates issued are conditional upon the manufacturer 
complying with all provisions of Sec. Sec. 86.094-9 and 86.709-94 both 
during and after model year production.
    (ii) Failure to meet the required implementation schedule sales 
percentages as specified in Sec. Sec. 86.094-9 and 86.709-94 will be 
considered to be a failure to satisfy the conditions upon which the 
certificate(s) was issued and the individual vehicles sold in violation 
of the implementation schedule shall not be covered by the certificate.
    (iii) The manufacturer shall bear the burden of establishing to the 
satisfaction of the Administrator that the conditions upon which the 
certificate was issued were satisfied.
    (14) For all light-duty vehicles and light-duty trucks certified 
with an Alternative Service Accumulation Durability Program under Sec. 
86.094-13(e), paragraphs (a)(14) (i) through (iii) of this section 
apply.
    (i) All certificates issued are conditional upon the manufacturer 
performing the in-use verification program pursuant to the agreement 
described in Sec. 86.094-13(e)(8).
    (ii) Failure to fully comply with all the terms of the in-use 
verification program pursuant to the agreement described in Sec. 
86.094-13(e)(8) will be considered a failure to satisfy the conditions 
upon which the certificate was issued. A vehicle or truck will be 
considered to be covered by the certificate only if the manufacturer 
fulfills the conditions upon which the certificate is issued.

[[Page 436]]

    (iii) The manufacturer shall bear the burden of establishing to the 
satisfaction of the Administrator that the conditions upon which the 
certificate was issued were satisfied.
    (b)(1) The Administrator will determine whether a vehicle (or 
engine) covered by the application complies with applicable standards 
(or family emission limits, as appropriate) by observing the following 
relationships: in paragraphs (b)(1) (i) through (iv) of this section:
    (i) Light-duty vehicles. (A) The durability data vehicle(s) selected 
under Sec. 86.094-24(c)(1)(i) shall represent all vehicles of the same 
engine system combination.
    (B) The emission data vehicle(s) selected under Sec. 86.094-
24(b)(1) (ii) through (iv) shall represent all vehicles of the same 
engine-system combination as applicable.
    (C) The emission data vehicle(s) selected under Sec. 86.094-
24(b)(1)(vii) (A) and (B) shall represent all vehicles of the same 
evaporative control system within the evaporative family.
    (ii) Light-duty trucks. (A) The emission data vehicle(s) selected 
under Sec. 86.094-24(b)(1)(ii), shall represent all vehicles of the 
same engine-system combination as applicable.
    (B) The emission data vehicle(s) selected under Sec. 86.094-24 
(b)(I)(vii) (A) and (B) shall represent all vehicles of the same 
evaporative control system within the evaporative family.
    (C) The emission data vehicle(s) selected under Sec. 86 .09424(b) 
(1) (v) shall represent all vehicles of the same enginesystem 
combination as applicable.
    (D) The emission data vehicle(s) selected under Sec. 86.094-
24(b)(1)(viii) shall represent all vehicles of the same evaporative 
control system within the evaporative emission family, as applicable.
    (iii) Heavy-duty engines. (A) An Otto-cycle emission data test 
engine selected under Sec. 86.094-24(b)(2)(iv) shall represent all 
engines in the same family of the same engine displacement-exhaust 
emission control system combination.
    (B) An Otto-cycle emission data test engine selected under Sec. 
86.094-24(b)(2)(iii) shall represent all engines in the same engine 
family of the same engine displacement-exhaust emission control system 
combination.
    (C) A diesel emission data test engine selected under Sec. 86.094-
24(b)(3)(ii) shall represent all engines in the same engine-system 
combination.
    (D) A diesel emission data test engine selected under Sec. 86.094-
24(b)(3)(iii) shall represent all engines of that emission control 
system at the rated fuel delivery of the test engine.
    (iv) Gasoline-fueled and methanol-fueled heavy-duty vehicles. A 
statement of compliance submitted under Sec. 86.094-23(b)(4) (i) or 
(ii) shall represent all vehicles in the same evaporative emission 
family-evaporative emission control system combination.
    (2) The Administrator will proceed as in paragraph (a) of this 
section with respect to the vehicles (or engines) belonging to an engine 
family or engine family-evaporative emission family combination (as 
applicable), all of which comply with all applicable standards (or 
family emission limits, as appropriate).
    (3) If after a review of the test reports and data submitted by the 
manufacturer, data derived from any additional testing conducted 
pursuant to Sec. 86.091-29, data or information derived from any 
inspection carried out under Sec. 86.094-7(d) or any other pertinent 
data or information, the Administrator determines that one or more test 
vehicles (or test engines) of the certification test fleet do not meet 
applicable standards (or family emission limits, as appropriate), he 
will notify the manufacturer in writing, setting forth the basis for his 
determination. Within 30 days following receipt of the notification, the 
manufacturer may request a hearing on the Administrator's determination. 
The request shall be in writing, signed by an authorized representative 
of the manufacturer and shall include a statement specifying the 
manufacturer's objections to the Administrator's determination and data 
in support of such objections. If, after a review of the request and 
supporting data, the Administrator finds that the request raises a 
substantial factual issue, he shall provide the manufacturer a hearing 
in accordance with Sec. 86.078-6 with respect to such issue.

[[Page 437]]

    (4) For light-duty vehicles and light-duty trucks the manufacturer 
may, at its option, proceed with any of the following alternatives with 
respect to an emission data vehicle determined not in compliance with 
all applicable standards (or family emission limits, as appropriate) for 
which it was tested:
    (i) Request a hearing under Sec. 86.078-6; or
    (ii) Remove the vehicle configuration (or evaporative vehicle 
configuration, as applicable) which failed, from his application:
    (A) If the failed vehicle was tested for compliance with exhaust 
emission standards (or family emission limits, as appropriate) only: The 
Administrator may select, in place of the failed vehicle, in accordance 
with the selection criteria employed in selecting the failed vehicle, a 
new emission data vehicle to be tested for exhaust emission compliance 
only; or
    (B) If the failed vehicle was tested for compliance with both 
exhaust and evaporative emission standards: The Administrator may 
select, in place of the failed vehicle, in accordance with the selection 
criteria employed in selecting the failed vehicle, a new emission data 
vehicle which will be tested for compliance with both exhaust and 
evaporative emission standards. If one vehicle cannot be selected in 
accordance with the selection criteria employed in selecting the failed 
vehicle, then two vehicles may be selected (i.e., one vehicle to satisfy 
the exhaust emission vehicle selection criteria and one vehicle to 
satisfy the evaporative emission vehicle selection criteria). The 
vehicle selected to satisfy the exhaust emission vehicle selection 
criteria will be tested for compliance with exhaust emission standards 
(or family emission limits, as appropriate) only. The vehicle selected 
to satisfy the evaporative emission vehicle selection criteria will be 
tested for compliance with both exhaust and evaporative emission 
standards; or
    (iii) Remove the vehicle configuration (or evaporative vehicle 
configuration, as applicable) which failed from the application and add 
a vehicle configuration(s) (or evaporative vehicle configuration(s), as 
applicable) not previously listed. The Administrator may require, if 
applicable, that the failed vehicle be modified to the new engine code 
(or evaporative emission code, as applicable) and demonstrate by testing 
that it meets applicable standards (or family emission limits, as 
appropriate) for which it was originally tested. In addition, the 
Administrator may select, in accordance with the vehicle selection 
criteria given in Sec. 86.094-24(b), a new emission data vehicle or 
vehicles. The vehicles selected to satisfy the exhaust emission vehicle 
selection criteria will be tested for compliance with exhaust emission 
standards (or family emission limits, as appropriate) only. The vehicles 
selected to satisfy the evaporative emission vehicle selection criteria 
will be tested for compliance with both exhaust and evaporative emission 
standards (or family emission limits, as appropriate); or
    (iv) Correct a component or system malfunction and show that with a 
correctly functioning system or component the failed vehicle meets 
applicable standards (or family emission limits, as appropriate) for 
which it was originally tested. The Administrator may require a new 
emission data vehicle, of identical vehicle configuration (or 
evaporative vehicle configuration, as applicable) to the failed vehicle, 
to be operated and tested for compliance with the applicable standards 
(or family emission limits, as appropriate) for which the failed vehicle 
was originally tested.
    (5) For heavy-duty engines the manufacturer may, at his option, 
proceed with any of the following alternatives with respect to any 
engine family represented by a test engine (s) determined not in 
compliance with applicable standards (or family emission limit, as 
appropriate):
    (i) Request a hearing under Sec. 86.078-6; or
    (ii) Delete from the application for certification the engines 
represented by the failing test engine. (Engines so deleted may be 
included in a later request for certification under Sec. 86.079-32.) 
The Administrator may then select in place of each failing engine an 
alternate engine chosen in accordance with selection criteria employed 
in selecting the engine that failed; or

[[Page 438]]

    (iii) Modify the test engine and demonstrate by testing that it 
meets applicable standards. Another engine which is in all material 
respect the same as the first engine, as modified, may then be operated 
and tested in accordance with applicable test procedures.
    (6) If the manufacturer does not request a hearing or present the 
required data under paragraphs (b) (4) or (5) of this section (as 
applicable) of this section, the Administrator will deny certification.
    (c)(1) Notwithstanding the fact that any certification vehicle(s) 
(or certification engine(s)) may comply with other provisions of this 
subpart, the Administrator may withhold or deny the issuance of a 
certificate of conformity (or suspend or revoke any such certificate 
which has been issued) with respect to any such vehicle(s) (or 
engine(s)) if:
    (i) The manufacturer submits false or incomplete information in his 
application for certification thereof;
    (ii) The manufacturer renders inaccurate any test data which he 
submits pertaining thereto or otherwise circumvents the intent of the 
Act, or of this part with respect to such vehicle (or engine);
    (iii) Any EPA Enforcement Officer is denied access on the terms 
specified in Sec. 86.091-7(d) to any facility or portion thereof which 
contains any of the following:
    (A) The vehicle (or engine);
    (B) Any components used or considered for use in its modification or 
buildup into a certification vehicle (or certification engine);
    (C) Any production vehicle (or production engine) which is or will 
be claimed by the manufacturer to be covered by the certificate;
    (D) Any step in the construction of a vehicle (or engine) described 
in paragraph (c)(iii)(C) of this section;
    (E) Any records, documents, reports, or histories required by this 
part to be kept concerning any of the above; or
    (iv) Any EPA Enforcement Officer is denied ``reasonable assistance'' 
(as defined in Sec. 86.091-7(d) in examining any of the items listed in 
paragraph (c)(1)(iii) of this section.
    (2) The sanctions of withholding, denying, revoking, or suspending 
of a certificate may be imposed for the reasons in paragraphs (c)(1) 
(i), (ii), (iii), or (iv) of this section only when the infraction is 
substantial.
    (3) In any case in which a manufacturer knowingly submits false or 
inaccurate information or knowingly renders inaccurate or invalid any 
test data or commits any other fraudulent acts and such acts contribute 
substantially to the Administrator's decision to issue a certificate of 
conformity, the Administrator may deem such certificate void ab initio.
    (4) In any case in which certification of a vehicle (or engine) is 
proposed to be withheld, denied, revoked, or suspended under paragraph 
(c)(1) (iii) or (iv) of this section, and in which the Administrator has 
presented to the manufacturer involved reasonable evidence that a 
violation of Sec. 86.091-7(d) in fact occurred, the manufacturer, if he 
wishes to contend that, even though the violation occurred, the vehicle 
(or engine) in question was not involved in the violation to a degree 
that would warrant withholding, denial, revocation, or suspension of 
certification under either paragraph (c)(1) (iii) or (iv) of this 
section, shall have the burden of establishing that contention to the 
satisfaction of the Administrator.
    (5) Any revocation or suspension of certification under paragraph 
(c)(1) of this section shall:
    (i) Be made only after the manufacturer concerned has been offered 
an opportunity for a hearing conducted in accordance with Sec. 86.078-6 
hereof; and
    (ii) Extend no further than to forbid the introduction into commerce 
of vehicles (or engines) previously covered by the certification which 
are still in the hands of the manufacturer, except in cases of such 
fraud or other misconduct as makes the certification invalid ab initio.
    (6) The manufacturer may request in the form and manner specified in 
paragraph (b)(3) of this section that any determination made by the 
Administrator under paragraph (c)(1) of this section to withhold or deny 
certification be reviewed in a hearing conducted in accordance with 
Sec. 86.078-6. If the Administrator finds, after a review of the 
request and supporting data, that the request raises a substantial

[[Page 439]]

factual issue, he will grant the request with respect to such issue.
    (d)(1) For light-duty vehicles. Notwithstanding the fact that any 
vehicle configuration or engine family may be covered by a valid 
outstanding certificate of conformity, the Administrator may suspend 
such outstanding certificate of conformity in whole or in part with 
respect to such vehicle configuration or engine family if:
    (i) The manufacturer refuses to comply with the provisions of a test 
order issued by the Administrator pursuant to Sec. 86.603; or
    (ii) The manufacturer refuses to comply with any of the requirements 
of Sec. 86.603; or
    (iii) The manufacturer submits false or incomplete information in 
any report or information provided pursuant to the requirements of Sec. 
86.609; or
    (iv) The manufacturer renders inaccurate any test data which he 
submits pursuant to Sec. 86.609; or
    (v) Any EPA Enforcement Officer is denied the opportunity to conduct 
activities related to entry and access as authorized in Sec. 86.606 of 
this part and in a warrant or court order presented to the manufacturer 
or the party in charge of a facility in question; or
    (vi) EPA Enforcement Officers are unable to conduct activities 
related to entry and access or to obtain ``reasonable assistance'' as 
authorized in Sec. 86.606 of this part because a manufacturer has 
located its facility in a foreign jurisdiction where local law prohibits 
those activities; or
    (vii) The manufacturer refuses to or in fact does not comply with 
Sec. 86.604(a), Sec. 86.605, Sec. 86.607, Sec. 86.608, or Sec. 
86.610.
    (2) The sanction of suspending a certificate may not be imposed for 
the reasons in paragraph (d)(1) (i), (ii), or (vii) of this section 
where the refusal is caused by conditions and circumstances outside the 
control of the manufacturer which render it impossible to comply with 
those requirements.
    (3) The sanction of suspending a certificate may be imposed for the 
reasons in paragraph (d)(1) (iii), (iv), or (v) of this section only 
when the infraction is substantial.
    (4) In any case in which a manufacturer knowingly submitted false or 
inaccurate information or knowingly rendered inaccurate any test data or 
committed any other fraudulent acts, and such acts contributed 
substantially to the Administrator's original decision not to suspend or 
revoke a certificate of conformity in whole or in part, the 
Administrator may deem such certificate void from the date of such 
fraudulent act.
    (5) In any case in which certification of a vehicle is proposed to 
be suspended under paragraph (d)(1)(v) of this section and in which the 
Administrator has presented to the manufacturer involved reasonable 
evidence that a violation of Sec. 86.606 in fact occurred, if the 
manufacturer wishes to contend that, although the violation occurred, 
the vehicle configuration or engine family in question was not involved 
in the violation to a degree that would warrant suspension of 
certification under paragraph (d)(1)(v) of this section, the 
manufacturer shall have the burden of establishing the contention to the 
satisfaction of the Administrator.
    (6) Any suspension of certification under paragraph (d)(1) of this 
section shall:
    (i) Be made only after the manufacturer concerned has been offered 
an opportunity for a hearing conducted in accordance with Sec. 86.614; 
and
    (ii) Not apply to vehicles no longer in the hands of the 
manufacturer.
    (7) Any voiding of a certificate of conformity under paragraph 
(d)(4) of this section will be made only after the manufacturer 
concerned has been offered an opportunity for a hearing conducted in 
accordance with Sec. 86.614.
    (8) Any voiding of the certificate under Sec. 86.091-30(a)(10) will 
be made only after the manufacturer concerned has been offered an 
opportunity for a hearing conducted in accordance with Sec. 86.614.
    (e) For light-duty trucks and heavy-duty engines. (1) 
Notwithstanding the fact that any vehicle configuration or engine family 
may be covered by a valid outstanding certificate of conformity, the 
Administrator may suspend such outstanding certificate of conformity in 
whole or in part with respect to such vehicle or engine configuration or 
engine family if:

[[Page 440]]

    (i) The manufacturer refuses to comply with the provisions of a test 
order issued by the Administrator pursuant to Sec. 86.1003; or
    (ii) The manufacturer refuses to comply with any of the requirements 
of Sec. 86.1003; or
    (iii) The manufacturer submits false or incomplete information in 
any report or information provided pursuant to the requirements of Sec. 
86.1009; or
    (iv) The manufacturer renders inaccurate any test data submitted 
pursuant to Sec. 86.1009; or
    (v) Any EPA Enforcement Officer is denied the opportunity to conduct 
activities related to entry and access as authorized in Sec. 86.1006 of 
this part and in a warrant or court order presented to the manufacturer 
or the party in charge of a facility in question; or
    (vi) EPA Enforcement Officers are unable to conduct activities 
related to entry and access as authorized in Sec. 86.1006 of this part 
because a manufacturer has located a facility in a foreign jurisdiction 
where local law prohibits those activities; or
    (vii) The manufacturer refuses to or in fact does not comply with 
the requirements of Sec. Sec. 86.1004(a), 86.1005, 86.1007, 86.1008, 
86.1010, 86.1011, or 86.1013.
    (2) The sanction of suspending a certificate may not be imposed for 
the reasons in paragraph (e)(1) (i), (ii), or (vii) of this section 
where such refusal or denial is caused by conditions and circumstances 
outside the control of the manufacturer which renders it impossible to 
comply with those requirements. Such conditions and circumstances shall 
include, but are not limited to, any uncontrollable factors which result 
in the temporary unavailability of equipment and personnel needed to 
conduct the required tests, such as equipment breakdown or failure or 
illness of personnel, but shall not include failure of the manufacturers 
to adequately plan for and provide the equipment and personnel needed to 
conduct the tests. The manufacturer will bear the burden of establishing 
the presence of the conditions and circumstances required by this 
paragraph.
    (3) The sanction of suspending a certificate may be imposed for the 
reasons outlined in paragraph (e)(1) (iii), (iv), or (v) of this section 
only when the infraction is substantial.
    (4) In any case in which a manufacturer knowingly submitted false or 
inaccurate information or knowingly rendered inaccurate any test data or 
committed any other fraudulent acts, and such acts contributed 
substantially to the Administrator's original decision not to suspend or 
revoke a certificate of conformity in whole or in part, the 
Administrator may deem such certificate void from the date of such 
fraudulent act.
    (5) In any case in which certification of a light-duty truck or 
heavy-duty engine is proposed to be suspended under paragraph (e)(1)(v) 
of this section and in which the Administrator has presented to the 
manufacturer involved reasonable evidence that a violation of Sec. 
86.1006 in fact occurred, if the manufacturer wishes to contend that, 
although the violation occurred, the vehicle or engine configuration or 
engine family in question was not involved in the violation to a degree 
that would warrant suspension of certification under paragraph (e)(1)(v) 
of this section, he shall have the burden of establishing that 
contention to the satisfaction of the Administrator.
    (6) Any suspension of certification under paragraph (e)(1) of this 
section shall:
    (i) Be made only after the manufacturer concerned has been offered 
an opportunity for a hearing conducted in accordance with Sec. 86.1014; 
and
    (ii) Not apply to vehicles or engines no longer in the hands of the 
manufacturer.
    (7) Any voiding of a certificate of conformity under paragraph 
(e)(4) of this section shall be made only after the manufacturer 
concerned has been offered an opportunity for a hearing conducted in 
accordance with Sec. 86.1014.
    (8) Any voiding of the certificate under paragraph (a) (10) or (11) 
of this section will be made only after the manufacturer concerned has 
been offered an opportunity for a hearing conducted in accordance with 
Sec. 86.1014.
    (f) For engine families required to have an emission control 
diagnostic system, certification will not be granted if, for any 
emission data vehicle or

[[Page 441]]

other test vehicle approved by the Administrator, the malfunction 
indicator light does not illuminate under any of the following 
circumstances, or if, for any assembly line vehicle, the malfunction 
indicator light does not illuminate under the circumstances described in 
paragraph (f)(4) of this section. Only paragraph (f)(4) of this section 
applies for diesel cycle vehicles.
    (1) A catalyst is replaced with a deteriorated or defective catalyst 
or electronic simulation of such resulting in both an exhaust emission 
exceedance of 0.6 g/mi HC and an exhaust emission increase of 0.4 g/mi 
HC on a normal temperature (20 to 30 [deg]C) emission certification 
test.
    (2) A misfire condition is induced resulting in an increase in 
emissions of greater than 0.4 g/mi HC or 3.4 g/mi CO or 1.0 g/mi 
NOX on a normal temperature (20 to 30 [deg]C) emission 
certification test.
    (3) Any oxygen sensor is replaced with a deteriorated or defective 
oxygen sensor, or the operation of such a sensor is simulated, resulting 
in an increase in emissions of 0.2 g/mi HC or 1.7 g/mi CO or 0.5 g/mi 
NOX on a normal temperature (20 to 30 [deg]C) emission 
certification test.
    (4) The electronic evaporative purge control device (if equipped) is 
disconnected or the operation of any emission-related powertrain 
component connected to a computer results in an increase in emissions of 
0.2 g/mi HC or 1.7 g/mi CO or 0.5 g/mi NOX on a normal 
temperature (20 to 30 [deg]C) emission certification test.

[58 FR 4028, Jan. 12, 1993, as amended at 58 FR 9487, Feb. 19, 1993; 60 
FR 15247, Mar. 23, 1995]



Sec. 86.095-14  Small-volume manufacturers certification procedures.

    Section 86.095-14 includes text that specifies requirements that 
differ from Sec. 86.094-14. Where a paragraph in Sec. 86.094-14 is 
identical and applicable to Sec. 86.095-14, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.094-14.'' Where a corresponding paragraph of 
Sec. 86.094-14 is not applicable, this is indicated by the statement 
``[Reserved].''
    (a)-(c)(11)(ii)(B)(15) [Reserved]. For guidance see Sec. 86.094-14.
    (c)(11)(ii)(B)(16) A description of vehicle adjustments or 
modifications required by Sec. Sec. 86.094-8(j) and 86.094-9(j), if 
any, to assure that light-duty vehicles and light-duty trucks covered by 
a certificate of conformity conform to the regulations while being 
operated at any altitude locations, and a statement of the altitude at 
which the adjustments or modifications apply.
    (17) A description of the light-duty vehicles and light-duty trucks 
which are exempted from the high altitude emission standards.
    (18) Proof that the manufacturer has obtained or entered an 
agreement to purchase, when applicable, the insurance policy required by 
the Sec. 85.1510(b) of this chapter. The manufacturer may submit a copy 
of the insurance policy or purchase agreement as proof that the 
manufacturer has obtained or entered an agreement to purchase the 
insurance policy.
    (C) The results of all emission tests the manufacturer performs to 
demonstrate compliance with the applicable standards.
    (D)(1) The following statement signed by the authorized 
representative of the manufacturer: ``The vehicles (or engines) 
described herein have been tested in accordance with (list of the 
applicable subparts A, B, D, I, M, N, or P) of part 86, title 40, Code 
of Federal Regulations, and on the basis of those tests are in 
conformance with that subpart. All of the data and records required by 
that subpart are on file and are available for inspection by the EPA 
Administrator. We project the total U.S. sales of vehicles (engines) 
subject to this subpart (including all vehicles and engines imported 
under the provisions of 40 CFR 85.1505 and 40 CFR 85.1509) to be fewer 
than 10,000 units.''
    (2) A statement as required by and contained in Sec. 86.094-
14(c)(5) signed by the authorized representative of the manufacturer.
    (3) A statement that the vehicles or engines described in the 
manufacturer's application for certification are not equipped with 
auxiliary emission control devices which can be classified as a defeat 
device as defined in Sec. 86.092-2.

[[Page 442]]

    (4) A statement of compliance with section 206(a)(3) of the Clean 
Air Act (42 U.S.C. 7525(a)(3)).
    (5) A statement that, based on the manufacturer's engineering 
evaluation and/or emission testing, the light-duty vehicles and light-
duty trucks comply with emission standards at high altitude unless 
exempt under Sec. 86.094-8(h) or Sec. 86.094-9(h).
    (6) [Reserved]
    (c)(11)(ii)(D)(7)-(c)(15) [Reserved]. For guidance see Sec. 86.094-
14.

[58 FR 4035, Jan. 12, 1993]



Sec. 86.095-23  Required data.

    (a) The manufacturer shall perform the tests required by the 
applicable test procedures and submit to the Administrator the 
information described in paragraphs (b) through (l) of this section, 
provided, however, that if requested by the manufacturer, the 
Administrator may waive any requirement of this section for testing of 
vehicle (or engine) for which emission data are available or will be 
made available under the provisions of Sec. 86.091-29.
    (b) Durability data. (1)(i) The manufacturer shall submit exhaust 
emission durability data on such light-duty vehicles tested in 
accordance with applicable test procedures and in such numbers as 
specified, which will show the performance of the systems installed on 
or incorporated in the vehicle for extended mileage, as well as a record 
of all pertinent maintenance performed on the test vehicles.
    (ii) The manufacturer shall submit exhaust emission deterioration 
factors for light-duty trucks and heavy-duty engines and all test data 
that are derived from the testing described under Sec. 86.094-
21(b)(5)(i)(A), as well as a record of all pertinent maintenance. Such 
testing shall be designed and conducted in accordance with good 
engineering practice to assure that the engines covered by a certificate 
issued under Sec. 86.094-30 will meet each emission standard (or family 
emission limit, as appropriate) in Sec. 86.094-9, Sec. 86.091-10, or 
Sec. 86.094-11 as appropriate, in actual use for the useful life 
applicable to that standard.
    (2) For light-duty vehicles and light-duty trucks, the manufacturer 
shall submit evaporative emission deterioration factors for each 
evaporative emission family-evaporative emission control system 
combination and all test data that are derived from testing described 
under Sec. 86.094-21(b)(4)(i) designed and conducted in accordance with 
good engineering practice to assure that the vehicles covered by a 
certificate issued under Sec. 86.094-30 will meet the evaporative 
emission standards in Sec. 86.094-8 or Sec. 86.094-9, as appropriate, 
for the useful life of the vehicle.
    (3) For heavy-duty vehicles equipped with gasoline-fueled or 
methanol-fueled engines, the manufacturer shall submit evaporative 
emission deterioration factors for each evaporative emission family-
evaporative emission control system combination identified in accordance 
with Sec. 86.094-21(b)(4)(ii). Furthermore, a statement that the test 
procedure(s) used to derive the deterioration factors includes, but need 
not be limited to, a consideration of the ambient effects of ozone and 
temperature fluctuations, and the service accumulation effects of 
vibration, time, and vapor saturation and purge cycling. The 
deterioration factor test procedure shall be designed and conducted in 
accordance with good engineering practice to assure that the vehicles 
covered by a certificate issued under Sec. 86.094-30 will meet the 
evaporative emission standards in Sec. Sec. 86.091-10 and Sec. 86.094-
11 in actual use for the useful life of the engine. Furthermore, a 
statement that a description of the test procedure, as well as all data, 
analyses, and evaluations, is available to the Administrator upon 
request.
    (4)(i) For heavy-duty vehicles with a Gross Vehicle Weight Rating of 
up to 26,000 lbs and equipped with gasoline-fueled or methanol-fueled 
engines, the manufacturer shall submit a written statement to the 
Administrator certifying that the manufacturer's vehicles meet the 
standards of Sec. 86.091-10 or Sec. 86.094-11 (as applicable) as 
determined by the provisions of Sec. 86.094-28. Furthermore, the 
manufacturer shall submit a written statement to the Administrator that 
all data, analyses, test procedures, evaluations, and other documents, 
on which the requested statement is based, are available to the 
Administrator upon request.

[[Page 443]]

    (ii) For heavy-duty vehicles with a Gross Vehicle Weight Rating of 
greater than 26,000 lbs and equipped with gasoline-fueled or methanol-
fueled engines, the manufacturer shall submit a written statement to the 
Administrator certifying that the manufacturer's evaporative emission 
control systems are designed, using good engineering practice, to meet 
the standards of Sec. 86.091-10 or Sec. 86.094-11 (as applicable) as 
determined by the provisions of Sec. 86.094-28. Furthermore, the 
manufacturer shall submit a written statement to the Administrator that 
all data, analyses, test procedures, evaluations, and other documents, 
on which the requested statement is based, are available to the 
Administrator upon request.
    (c) Emission data--(1) Certification vehicles. The manufacturer 
shall submit emission data, including, in the case of methanol fuel, 
methanol, formaldehyde, and total hydrocarbon equivalent, on such 
vehicles tested in accordance with applicable test procedures and in 
such numbers as specified. These data shall include zero-mile data, if 
generated, and emission data generated for certification as required 
under Sec. 86.094-26(a)(3)(i) or (ii). In lieu of providing emission 
data the Administrator may, on request of the manufacturer, allow the 
manufacturer to demonstrate (on the basis of previous emission tests, 
development tests, or other information) that the engine will conform 
with certain applicable emission standards of Sec. 86.094-8 or Sec. 
86.094-9. Standards eligible for such manufacturer requests are those 
for idle CO emissions, smoke emissions, or particulate emissions from 
methanol-fueled diesel-cycle certification vehicles, and those for 
particulate emissions from model year 1994 and later gasoline-fueled or 
methanol-fueled Otto-cycle certification vehicles that are not certified 
to the Tier 0 standards of Sec. 86.094-9(a)(1)(i), (ii), or Sec. 
86.094-8(a)(1)(i). Also eligible for such requests are standards for 
total hydrocarbon emissions from model year 1994 and later certification 
vehicles that are not certified to the Tier 0 standards of Sec. 86.094-
9(a)(1)(i), (ii), or Sec. 86.094-8(a)(1)(i). By separate request, 
including appropriate supporting test data, the manufacturer may request 
that the Administrator also waive the requirement to measure particulate 
emissions when conducting Selective Enforcement Audit testing of Otto-
cycle vehicles.
    (2) Certification engines. (i) The manufacturer shall submit 
emission data on such engines tested in accordance with applicable 
emission test procedures of this subpart and in such numbers as 
specified. These data shall include zero-hour data, if generated, and 
emission data generated for certification as required under Sec. 
86.094-26(c)(4). In lieu of providing emission data on idle CO emissions 
or particulate emissions from methanol- fueled diesel-cycle 
certification engines, or on CO emissions from petroleum-fueled or 
methanol-fueled diesel certification engines the Administrator may, on 
request of the manufacturer, allow the manufacturer to demonstrate (on 
the basis of previous emission tests, development tests, or other 
information) that the engine will conform with the applicable emission 
standards of Sec. 86.094-11. In lieu of providing emission data on 
smoke emissions from methanol-fueled or petroleum-fueled diesel 
certification engines, the Administrator may, on the request of the 
manufacturer, allow the manufacturer to demonstrate (on the basis of 
previous emission tests, development tests, or other information) that 
the engine will conform with the applicable emissions standards of Sec. 
86.094-11, except for 1995 and 1996 model year engines with particulate 
matter certification levels exceeding 0.10 grams per brake horsepower-
hour and 1997 or later model year engines with a particulate matter 
certification level exceeding 0.25 grams per brake horsepower-hour. In 
lieu of providing emissions data on smoke emissions from petroleum-
fueled or methanol-fueled diesel engines when conducting Selective 
Enforcement Audit testing under 40 CFR part 86, subpart K, the 
Administrator may, on separate request of the manufacturer, allow the 
manufacturer to demonstrate (on the basis of previous emission tests, 
development tests, or other information) that the engine will conform 
with the applicable smoke emissions standards of Sec. 86.094-11, except 
for 1995 and 1996 model year engines with particulate

[[Page 444]]

matter certification levels exceeding 0.10 grams per brake horsepower-
hour and 1997 or later model year engines with a particulate matter 
certification level exceeding 0.25 grams per brake horsepower-hour.
    (ii) For heavy-duty diesel engines, a manufacturer may submit hot-
start data only, in accordance with subpart N of this part, when making 
application for certification. However, for confirmatory, Selective 
Enforcement Audit, and recall testing by the Agency, both the cold-start 
and hot-start test data, as specified in subpart N of this part, will be 
included in the official results.
    (d) The manufacturer shall submit a statement that the vehicles (or 
engines) for which certification is requested conform to the 
requirements in Sec. 86.084-5(b), and that the descriptions of tests 
performed to ascertain compliance with the general standards in Sec. 
86.084-5(b), and that the data derived from such tests are available to 
the Administrator upon request.
    (e)(1) The manufacturer shall submit a statement that the test 
vehicles (or test engines) for which data are submitted to demonstrate 
compliance with the applicable standards (or family emission limits, as 
appropriate) of this subpart are in all material respects as described 
in the manufacturer's application for certification, that they have been 
tested in accordance with the applicable test procedures utilizing the 
fuels and equipment described in the application for certification, and 
that on the basis of such tests the vehicles (or engines) conform to the 
requirements of this part. If such statements cannot be made with 
respect to any vehicle (or engine) tested, the vehicle (or engine) shall 
be identified, and all pertinent data relating thereto shall be supplied 
to the Administrator. If, on the basis of the data supplied and any 
additional data as required by the Administrator, the Administrator 
determines that the test vehicles (or test engine) was not as described 
in the application for certification or was not tested in accordance 
with the applicable test procedures utilizing the fuels and equipment as 
described in the application for certification, the Administrator may 
make the determination that the vehicle (or engine) does not meet the 
applicable standards (or family emission limits, as appropriate). The 
provisions of Sec. 86.094-30(b) shall then be followed.
    (2) For evaporative emission durability, or light-duty truck or 
heavy-duty engine exhaust emission durability, the manufacturer shall 
submit a statement of compliance with paragraph (b)(1)(ii), (b)(2), or 
(b)(3) of this section, as applicable.
    (f) Additionally, manufacturers participating in the particulate 
averaging program for diesel light-duty vehicles and diesel light-duty 
trucks shall submit:
    (1) In the application for certification, a statement that the 
vehicles for which certification is requested will not, to the best of 
the manufacturer's belief, when included in the manufacturer's 
production-weighted average emission level, cause the applicable 
particulate standard(s) to be exceeded, and
    (2) No longer than 90 days after the end of a given model year of 
production of engine families included in one of the diesel particulate 
averaging programs, the number of vehicles produced in each engine 
family at each certified particulate FEL, along with the resulting 
production-weighted average particulate emission level.
    (g) Additionally, manufacturers participating in the NOX 
averaging program for light-duty trucks shall submit:
    (1) In the application for certification, a statement that the 
vehicles for which certification is required will not, to the best of 
the manufacturer's belief, when included in the manufacturer's 
production-weighted average emission level, cause the applicable 
NOX standard(s) to be exceeded, and
    (2) No longer than 90 days after the end of a given model year of 
production of engine families included in the NOX averaging 
program, the number of vehicles produced in each engine family at each 
certified NOX emission level.
    (h) Additionally, manufacturers participating in any of the 
NOX and/or particulate averaging, trading, or banking 
programs for heavy-duty engines shall submit for each participating 
family

[[Page 445]]

the items listed in paragraphs (h)(1) through (3) of this section.
    (1) Application for certification. (i) The application for 
certification will include a statement that the engines for which 
certification is requested will not, to the best of the manufacturer's 
belief, when included in any of the averaging, trading, or banking 
programs cause the applicable NOX or particulate standard(s) 
to be exceeded.
    (ii) The application for certification will also include the type 
(NOX or particulate) and the projected number of credits 
generated/needed for this family, the applicable averaging set, the 
projected U.S. (49-state) production volumes, by quarter, NCPs in use on 
a similar family and the values required to calculate credits as given 
in Sec. 86.094-15. Manufacturers shall also submit how and where credit 
surpluses are to be dispersed and how and through what means credit 
deficits are to be met, as explained in Sec. 86.094-15. The application 
must project that each engine family will be in compliance with the 
applicable NOX and/or particulate emission standards based on 
the engine mass emissions, and credits from averaging, trading and 
banking.
    (2) [Reserved]
    (3) End-of-year report. The manufacturer shall submit end-of-year 
reports for each engine family participating in any of the averaging, 
trading, or banking programs, as described in paragraphs (h)(3)(i) 
through (iv) of this section.
    (i) These reports shall be submitted within 90 days of the end of 
the model year to: Director, Manufacturers Operations Division (6405J), 
U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460.
    (ii) These reports shall indicate the engine family, the averaging 
set, the actual U.S. (49-state) production volume, the values required 
to calculate credits as given in Sec. 86.094-15, the resulting type 
(NOX or particulate) and number of credits generated/
required, and the NCPs in use on a similar NCP family. Manufacturers 
shall also submit how and where credit surpluses were dispersed (or are 
to be banked) and how and through what means credit deficits were met. 
Copies of contracts related to credit trading must also be included or 
supplied by the broker if applicable. The report shall also include a 
calculation of credit balances to show that net mass emissions balances 
are within those allowed by the emission standards (equal to or greater 
than a zero credit balance). The credit discount factor described in 
Sec. 86.094-15 must be included as required.
    (iii) The 49-state production counts for end-of-year reports shall 
be based on the location of the first point of retail sale (e.g., 
customer, dealer, secondary manufacturer) by the manufacturer.
    (iv) Errors discovered by EPA or the manufacturer in the end-of-year 
report, including changes in the 49 state production counts, may be 
corrected up to 180 days subsequent to submission of the end-of-year 
report. Errors discovered by EPA after 180 days shall be corrected if 
credits are reduced. Errors in the manufacturer's favor will not be 
corrected if discovered after the 180 day correction period allowed.
    (i) Failure by a manufacturer participating in the averaging, 
trading, or banking programs to submit any quarterly or end-of-year 
report (as applicable) in the specified time for all vehicles and 
engines that are part of an averaging set is a violation of section 
203(a)(1) of the Clean Air Act (42 U.S.C. 7522(a)(1)) for each such 
vehicle and engine.
    (j) Failure by a manufacturer generating credits for deposit only in 
either the HDE NOX or particulate banking programs to submit 
their end-of-year reports in the applicable specified time period (i.e., 
90 days after the end of the model year) shall result in the credits not 
being available for use until such reports are received and reviewed by 
EPA. Use of projected credits pending EPA review will not be permitted 
in these circumstances.
    (k) Engine families certified using NCPs are not required to meet 
the requirements outlined above.
    (l) Additionally, manufacturers certifying vehicles shall submit for 
each model year 1994 through 1997 light-duty vehicle and light light-
duty truck engine family and each model year 1996 through 1998 heavy 
light-duty truck engine family the information listed in

[[Page 446]]

paragraphs (l) (1) and (2) of this section.
    (1) Application for certification. In the application for 
certification, the manufacturer shall submit the projected sales volume 
of engine families certifying to the respective standards, and the in-
use standards that each engine family will meet. Volume projected to be 
produced for U.S. sale may be used in lieu of projected U.S. sales.
    (2) End-of-year reports for each engine family.
    (i) These end-of-year reports shall be submitted within 90 days of 
the end of the model year to: Director, Manufacturers Operations 
Division (6405J), U.S. Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460.
    (ii) These reports shall indicate the model year, engine family, and 
the actual U.S. sales volume. The manufacturer may petition the 
Administrator to allow volume produced for U.S. sale to be used in lieu 
of U.S. sales. Such petition shall be submitted within 30 days of the 
end of the model year to the Manufacturers Operations Division. For the 
petition to be granted, the manufacturer must establish to the 
satisfaction of the Administrator that production volume is functionally 
equivalent to sales volume.
    (iii) The U.S. sales volume for end-of-year reports shall be based 
on the location of the point of sale to a dealer, distributor, fleet 
operator, broker, or any other entity which comprises the point of first 
sale.
    (iv) Failure by a manufacturer to submit the end-of-year report 
within the specified time may result in certificate(s) for the engine 
family(ies) certified to Tier 0 certification standards being voided ab 
initio plus any applicable civil penalties for failure to submit the 
required information to the Agency.
    (v) These reports shall include the information required under Sec. 
86.094-7(h)(1). The information shall be organized in such a way as to 
allow the Administrator to determine compliance with the Tier 1 
standards implementation schedules of Sec. Sec. 86.094-8 and 86.094-9, 
and the Tier 1 and Tier 1I implementation schedules of 
Sec. Sec. 86.708-94 and 86.709-94.

[58 FR 66294, Dec. 20, 1993, as amended at 59 FR 14110, Mar. 25, 1994]



Sec. 86.095-26  Mileage and service accumulation; emission 
measurements.

    Section 86.095-26 includes text that specifies requirements that 
differ from Sec. 86.094-26. Where a paragraph in Sec. 86.094-26 is 
identical and applicable to Sec. 86.095-26, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.094-26.'' Where a corresponding paragraph of 
Sec. 86.094-26 is not applicable, this is indicated by the statement 
``[Reserved].''
    (a)-(b)(4)(i)(C) [Reserved]. For guidance see Sec. 86.094-26.
    (b)(4)(i)(D) For each engine family, the manufacturer will either 
select one vehicle previously selected under Sec. 86.094-24(b)(1) (i) 
through (iv) to be tested under high altitude conditions or provide a 
statement in accordance with Sec. 86.095-24(b)(1)(v). Vehicles shall 
meet emission standards under both low- and high-altitude conditions 
without manual adjustments or modifications. In addition, any emission 
control device used to conform with the emission standards under high-
altitude conditions shall initially actuate (automatically) no higher 
than 4,000 feet above sea level.
    (ii) Diesel. (A) The manufacturer shall determine, for each engine 
family, the mileage at which the engine-system combination is stabilized 
for emission data testing. The manufacturer shall maintain, and provide 
to the Administrator if requested, a record of the rationale used in 
making this determination. The manufacturer may elect to accumulate 
4,000 miles on each test vehicle within an engine family without making 
a determination. The manufacturer must accumulate a minimum of 2,000 
miles (3,219 kilometers) on each test vehicle within an engine family. 
All test vehicle mileage must be accurately determined, recorded, and 
reported to the Administrator. Any vehicle used to represent emission 
data vehicle selections under Sec. 86.094-24(b)(1) shall be equipped 
with an engine and emission control system that has accumulated the 
mileage the manufacturer

[[Page 447]]

chose to accumulate on the test vehicle. Fuel economy data generated 
from certification vehicles selected in accordance with Sec. 86.094-
24(b)(1) with engine-system combinations that have accumulated more than 
10,000 kilometers (6,200 miles) shall be factored in accordance with 
Sec. 600.006-87(c) of this chapter. Complete exhaust emission tests 
shall be conducted for each emission data vehicle selection under Sec. 
86.094-24(b)(1). The Administrator may determine under Sec. 86.094-
24(f) that no testing is required.
    (B) Emission tests for emission data vehicle(s) selected for testing 
under Sec. 86.094-24(b)(1)(v) shall be conducted at the mileage (2,000 
mile minimum) at which the engine-system combination is stabilized for 
emission testing or at the 6,436 kilometer (4,000 mile) test point under 
high-altitude conditions.
    (C) Exhaust and evaporative emission tests for emission data 
vehicle(s) selected for testing under Sec. 86.094-24(b)(1) (ii), (iii), 
and (iv) shall be conducted at the mileage (2,000 mile minimum) at which 
the engine-system combination is stabilized for emission testing or at 
the 6,436 kilometer (4,000 mile) test point under low-altitude 
conditions.
    (D) For each engine family, the manufacturer will either select one 
vehicle previously selected under Sec. 86.094-26(b)(1) (i) through (iv) 
to be tested under high altitude conditions or provide a statement in 
accordance with Sec. 86.095-24(b)(1)(v). Vehicles shall meet emission 
standards under both low- and high-altitude conditions without manual 
adjustments or modifications. In addition, any emission control device 
used to conform with the emission standards under high-altitude 
conditions shall initially actuate (automatically) no higher than 4,000 
feet above sea level.
    (b)(4)(iii)-(d) [Reserved]. For guidance see Sec. 86.094-26.

[58 FR 4036, Jan. 12, 1993]



Sec. 86.095-30  Certification.

    Section 86.095-30 includes only text that specifies requirements 
that differ from Sec. 86.094-30. Where a paragraph in Sec. 86.094-30 
is identical and applicable to Sec. 86.095-30, this is indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.094-30.'' Where a corresponding paragraph of 
Sec. 86.094-30 is not applicable, this is indicated by the statement 
``[Reserved].''
    (a)(1)(i)-(a)(2) [Reserved]. For guidance see Sec. 86.094-30.
    (a)(3)(i) One such certificate will be issued for each engine 
family. For gasoline-fueled and methanol-fueled light-duty vehicles and 
light-duty trucks, one such certificate will be issued for each engine 
family evaporative emission family combination. Each certificate will 
certify compliance with no more than one set of in-use and certification 
standards (or family emission limits, as appropriate).
    (ii) For gasoline-fueled and methanol fueled heavy-duty vehicles, 
one such certificate will be issued for each manufacturer and will 
certify compliance for those vehicles previously identified in that 
manufacturer's statement(s) of compliance as required in Sec. 86.094-
23(b)(4) (i) and (ii).
    (iii) For diesel light-duty vehicles and light-duty trucks, or 
diesel heavy-duty engines, included in the applicable particulate 
averaging program, the manufacturer may at any time during production 
elect to change the level of any family particulate emission limit by 
demonstrating compliance with the new limit as described in Sec. Sec. 
86.094-28(a)(6) and 86.094-28(b)(5)(i). New certificates issued under 
this paragraph will be applicable only for vehicles (or engines) 
produced subsequent to the date of issuance.
    (iv) For light-duty trucks or heavy-duty engines included in the 
applicable NOX averaging program, the manufacturer may at any 
time during production elect to change the level of any family 
NOX emission limit by demonstrating compliance with the new 
limit as described in Sec. 86.094-28(b)(5)(ii). New certificates issued 
under this paragraph will be applicable only for vehicles (or engines) 
produced subsequent to the day of issue.
    (4)(i) For exempt light-duty vehicles and light-duty trucks under 
the provisions of Sec. Sec. 86.094-8(j) or 86.094-9(j), an adjustment 
or modification performed in accordance with instructions provided by 
the manufacturer for the altitude where the vehicle is principally used 
will not be considered a violation

[[Page 448]]

of section 203(a)(3) of the Clean Air Act (42 U.S.C. 7522(a)(3)).
    (ii) A violation of section 203(a)(1) of the Clean Air Act (42 
U.S.C. 7522(a)(1)) occurs when a manufacturer sells or delivers to an 
ultimate purchaser any light-duty vehicle or light-duty truck, subject 
to the regulations under the Act, under any of the conditions specified 
in paragraph (a)(4)(ii) of this section.
    (A) When a light-duty vehicle or light-duty truck is exempted from 
meeting high-altitude requirements as provided in Sec. 86.090-8(h) or 
Sec. 86.094-9(h):
    (1) At a designated high-altitude location, unless such manufacturer 
has reason to believe that such vehicle will not be sold to an ultimate 
purchaser for principal use at a designated high-altitude location; or
    (2) At a location other than a designated high-altitude location, 
when such manufacturer has reason to believe that such motor vehicle 
will be sold to an ultimate purchaser for principal use at a designated 
high-altitude location.
    (B) When a light-duty vehicle or light-duty truck is exempted from 
meeting low-altitude requirements as provided in Sec. 86.094-8(i) or 
Sec. 86.094-9(i):
    (1) At a designated low-altitude location, unless such manufacturer 
has reason to believe that such vehicle will not be sold to an ultimate 
purchaser for principal use at a designated low-altitude location; or
    (2) At a location other than a designated low-altitude location, 
when such manufacturer has reason to believe that such motor vehicle 
will be sold to an ultimate purchaser for principal use at a designated 
low-altitude location.
    (iii) A manufacturer shall be deemed to have reason to believe that 
a light-duty vehicle or light-duty truck that has been exempted from 
compliance with emission standards at high altitude, will not be sold to 
an ultimate purchaser for principal use at a designated high altitude 
location if the manufacturer has informed its dealers and field 
representatives about the terms of those high altitude regulations, has 
not caused the improper sale itself, and has taken reasonable action 
which shall include, but shall not be limited to, either Sec. 86.094-
30(a)(4)(iii) (A) or (B), and Sec. 86.094-30(a)(4)(iii)(C).
    (a)(4)(iii)(A)-(C) [Reserved]. For guidance see Sec. 86.094-30.
    (a)(4)(iv) A manufacturer shall be deemed to have reason to believe 
that a light-duty vehicle or light-duty truck which has been exempted 
from compliance with emission standards at low altitude, as provided in 
Sec. 86.094-8(i) or Sec. 86.094-9(i), will not be sold to an ultimate 
purchaser for principal use at a designated low-altitude location if the 
manufacturer has informed its dealers and field representatives about 
the terms of the high-altitude regulations, has not caused the improper 
sale itself, and has taken reasonable action which shall include, but 
not be limited to either Sec. 86.094-30 (a)(4)(iv) (A) or (B) and Sec. 
86.094-30(a)(4)(iv)(C):
    (a)(4)(iv)(A)-(a)(12) [Reserved]. For guidance see Sec. 86.094-30.
    (a)(13) For all light-duty trucks certified to Tier 0 standards 
under Sec. 86.094-9 and to which standards under Sec. 86.709-94 are 
applicable:
    (i) All certificates issued are conditional upon the manufacturer 
complying with all provisions of Sec. Sec. 86.094-9 and 86.709-94 both 
during and after model year production.
    (ii) Failure to meet the required implementation schedule sales 
percentages as specified in Sec. Sec. 86.094-9 and 86.709-94 will be 
considered to be a failure to satisfy the conditions upon which the 
certificate(s) was issued and the individual vehicles sold in violation 
of the implementation schedule shall not be covered by the certificate.
    (iii) The manufacturer shall bear the burden of establishing to the 
satisfaction of the Administrator that the conditions upon which the 
certificate was issued were satisfied.
    (a)(14)-(e)(8) [Reserved]. For guidance see Sec. 86.094-30.
    (f) For engine families required to have an emission control 
diagnostic system, certification will not be granted if, for any 
emission data vehicle or other test vehicle approved by the 
Administrator, the malfunction indicator light does not illuminate under 
any of the following circumstances, or if, for

[[Page 449]]

any assembly line vehicle, the malfunction indicator light does not 
illuminate under the circumstances described in paragraph (f)(4) of this 
section. Only paragraph (f)(4) of this section applies for diesel cycle 
vehicles.
    (1) A catalyst is replaced with a deteriorated or defective catalyst 
or electronic simulation of such resulting in both an exhaust emission 
exceedance of 0.6 g/mi HC and an exhaust emission increase of 0.4 g/mi 
HC on a normal temperature (20 to 30 [deg]C) emission certification 
test.
    (2) A misfire condition is induced resulting in an increase in 
emissions of greater than 0.4 g/mi HC or 3.4 g/mi CO or 1.0 g/mi 
NOX on a normal temperature (20 to 30 [deg]C) emission 
certification test.
    (3) Any oxygen sensor is replaced with a deteriorated or defective 
oxygen sensor, or the operation of such a sensor is simulated, resulting 
in an increase in emissions of 0.2 g/mi HC or 1.7 g/mi CO or 0.5 g/mi 
NOX on a normal temperature (20 to 30 [deg]C) emission 
certification test.
    (4) The electronic evaporative purge control device (if equipped) is 
disconnected or the operation of any emission-related powertrain 
component connected to a computer results in an increase in emissions of 
0.2 g/mi HC or 1.7 g/mi CO or 0.5 g/mi NOX on a normal 
temperature (20 to 30 [deg]C) emission certification test.

[58 FR 4037, Jan. 12, 1993, as amended at 58 FR 9487, Feb. 19, 1993; 60 
FR 15247, Mar. 23, 1995]



Sec. 86.095-35  Labeling.

    Section 86.095-35 includes text that specifies requirements that 
differ from Sec. 86.092-35. Where a paragraph in Sec. 86.092-35 is 
identical and applicable to Sec. 86.095-35, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.092-35.'' Where a corresponding paragraph of 
Sec. 86.092-35 is not applicable, this is indicated by the statement 
``[Reserved].''
    (a) The manufacturer of any motor vehicle (or motor vehicle engine) 
subject to the applicable emission standards (and family emission 
limits, as appropriate) of this subpart, shall, at the time of 
manufacture, affix a permanent legible label, of the type and in the 
manner described below, containing the information hereinafter provided, 
to all production models of such vehicles (or engines) available for 
sale to the public and covered by a Certificate of Conformity under 
Sec. 86.091-30(a).
    (1) Light-duty vehicles. (i) A permanent, legible label shall be 
affixed in a readily visible position in the engine compartment.
    (ii) The label shall be affixed by the vehicle manufacturer who has 
been issued the Certificate of Conformity for such vehicle, in such 
manner that it cannot be removed without destroying or defacing the 
label. The label shall not be affixed to any equipment which is easily 
detached from such vehicle.
    (iii) The label shall contain the following information lettered in 
the English language in block letters and numerals, which shall be of a 
color that contrasts with the background of the label:
    (A) The label heading: Vehicle Emission Control Information;
    (B) Full corporate name and trademark of manufacturer;
    (C) Engine displacement (in cubic inches or liters), engine family 
identification, and evaporative family identification;
    (D) Engine tune-up specifications and adjustments, as recommended by 
the manufacturer in accordance with the applicable emission standards 
(or family emission limits, as applicable), including but not limited to 
idle speed(s), ignition timing, the idle air-fuel mixture setting 
procedure and value (e.g., idle CO, idle air-fuel ratio, idle speed 
drop), high idle speed, initial injection timing and valve lash (as 
applicable), as well as other parameters deemed necessary by the 
manufacturer. These specifications should indicate the proper 
transmission position during tuneup and what accessories (e.g., air 
conditioner), if any, should be in operation;
    (E) An unconditional statement of compliance with the appropriate 
model year U.S. Environmental Protection Agency regulations which apply 
to light-duty vehicles;
    (F) The exhaust emission standards (or family emission limits, if 
applicable) to which the engine family is certified, and the 
corresponding exhaust

[[Page 450]]

emission standards (or family emission limits, if applicable) which the 
engine family must meet in-use;
    (G) For vehicles that have been exempted from compliance with the 
emission standards at high altitude, as specified in Sec. 86.090-8(h):
    (1) A highlighted statement (e.g., underscored or boldface letters) 
that the vehicle is certified to applicable emission standards at low 
altitude only;
    (2) A statement that the vehicle's unsatisfactory performance under 
high-altitude conditions makes it unsuitable for principal use at high 
altitude; and
    (3) A statement that the emission performance warranty provisions of 
40 CFR part 85, subpart V do not apply when the vehicle is tested at 
high altitude;
    (H) For vehicles that have been exempted from compliance with the 
emission standards at low altitude, as specified in Sec. 86.094-8(i):
    (1) A highlighted statement (e.g., underscore or boldface letters) 
that the vehicle is certified to applicable emission standards at high 
altitude only; and
    (2) A statement that the emission performance warranty provisions of 
40 CFR part 85, subpart V do not apply when the vehicle is tested at low 
altitude;
    (I) The vacuum hose routing diagram applicable to the vehicles if 
the vehicles are equipped with vacuum actuated emission and emission-
related components. The manufacturer may, at its option, use a separate 
label for the vacuum hose routing diagram provided that the vacuum hose 
diagram is placed in a visible and accessible position as provided in 
this section;
    (J) Vehicles granted final admission under Sec. 85.1505 of this 
chapter must comply with the labeling requirements contained in Sec. 
85.1510 of this chapter.
    (K) Vehicles which have been certified under the provisions of Sec. 
86.094-8(j) must comply with the labeling requirements contained in 
Sec. 86.1606.
    (L) If applicable, a statement that the vehicle is exempt from cold 
temperature carbon monoxide standards.
    (2) Light-duty truck and heavy-duty vehicles optionally certified in 
accordance with the light-duty truck provisions. (i) A legible, 
permanent label shall be affixed in a readily visible position in the 
engine compartment.
    (ii) The label shall be affixed by the vehicle manufacturer who has 
been issued the certificate of conformity for such vehicle, in such a 
manner that it cannot be removed without destroying or defacing the 
label. The label shall not be affixed to any equipment which is easily 
detached from such vehicle.
    (iii) The label shall contain the following information lettered in 
the English language in block letters and numerals, which shall be of a 
color that contrasts with the background of the label.
    (A) The label heading: Important Vehicle Information;
    (B) Full corporate name and trademark of the manufacturer;
    (C) Engine displacement (in cubic inches or liters), engine family 
identification, and evaporative family;
    (D) Engine tune-up specifications and adjustments, as recommended by 
the manufacturer in accordance with the applicable emission standards 
(or family emission limits, as appropriate), including but not limited 
to idle speed(s), ignition timing, the idle air-fuel mixture setting 
procedure and value (e.g., idle CO, idle air-fuel ratio, idle speed 
drop), high idle speed, initial injection timing, as well as other 
parameters deemed necessary by the manufacturer. These specifications 
should indicate the proper transmission position during tune-up and what 
accessories (e.g., air conditioner), if any, should be in operation;
    (E)(1) Light-duty trucks. The prominent statement, ``This vehicle 
conforms to U.S. EPA regulations applicable to 19XX Model Year New 
Light-Duty Trucks.''
    (2) Heavy-duty vehicles optionally certified in accordance with the 
light-duty truck provisions. The prominent statement, ``This heavy-duty 
vehicle conforms to the U.S. EPA regulations applicable to 19XX Model 
Year Light-Duty Trucks under the special provision of 40 CFR 86.092-
1(b).'';
    (F) [Reserved]
    (G) For light-duty trucks that have been exempted from compliance 
with the emission standards at high altitude, as specified in Sec. 
86.094-9(h):

[[Page 451]]

    (1) A highlighted statement (e.g., underscored or boldface letters) 
that the vehicle is certified to applicable emission standards at low 
altitude only;
    (2) A statement that the vehicle's unsatisfactory performance under 
high-altitude conditions makes it unsuitable for principal use at high 
altitude; and
    (3) A statement that the emission performance warranty provisions of 
40 CFR part 85, subpart V do not apply when the vehicle is tested at 
high altitude;
    (H) For light-duty trucks that have been exempted from compliance 
with the emission standards at low altitude, as specified in Sec. 
86.094-9(i):
    (1) A highlighted statement (e.g., underscored or boldface letters) 
that the vehicle is certified to applicable emission standards at high 
altitude only; and
    (2) A statement that the emission performance warranty provisions of 
40 CFR part 85, subpart V do not apply when the vehicle is tested at low 
altitude;
    (I) Light-duty trucks which have been certified under the provisions 
of Sec. 86.094-9(j) must comply with the labeling requirements 
contained in Sec. 86.1606;
    (J) The exhaust emission standards (or family emission limits, if 
applicable) to which the engine family is certified, and the 
corresponding exhaust emission standards (or family emission limits, if 
applicable) which the engine family must meet in-use.
    (K) The vacuum hose routing diagram applicable to the vehicles if 
the vehicles are equipped with vacuum actuated emission and emission-
related components. The manufacturer may, at its option, use a separate 
label for the vacuum hose routing diagram provided that the vacuum hose 
diagram is placed in a visible and accessible position as provided by 
this section.
    (L) [Reserved]
    (M) Vehicles granted final admission under Sec. 85.1505 of this 
chapter must comply with the labeling requirements contained in Sec. 
85.1510 of this chapter.
    (N) If applicable, a statement that the vehicle is exempt from cold 
temperature carbon monoxide standards.
    (3) Heavy-duty engines. (i) A permanent legible label shall be 
affixed to the engine in a position in which it will be readily visible 
after installation in the vehicle.
    (ii) The label shall be attached to an engine part necessary for 
normal engine operation and not normally requiring replacement during 
engine life.
    (iii) The label shall contain the following information lettered in 
the English language in block letters and numerals which shall be of a 
color that contrasts with the background of the label:
    (A) The label heading: ``Important Engine Information.'';
    (B) The full corporate name and trademark of the manufacturer; 
though the label may identify another company and use its trademark 
instead of the manufacturer's as long as the manufacturer complies with 
the provisions of 40 CFR 1039.640.
    (C) Engine displacement (in cubic inches or liters) and engine 
family and model designations;
    (D) Date of engine manufacture (month and year). The manufacturer 
may, in lieu of including the date of manufacture on the engine label, 
maintain a record of the engine manufacture dates. The manufacturer 
shall provide the date of manufacture records to the Administrator upon 
request;
    (E) Engine specifications and adjustments as recommended by the 
manufacturer. These specifications should indicate the proper 
transmission position during tune-up and what accessories (e.g., air 
conditioner), if any, should be in operation;
    (F) For Otto-cycle engines the label should include the idle speed, 
ignition timing, and the idle air-fuel mixture setting procedure and 
value (e.g., idle CO, idle air-fuel ratio, idle speed drop), and valve 
lash;
    (G) For diesel engines the label should include the advertised hp at 
rpm, fuel rate at advertised hp in mm\3\/stroke, valve lash, initial 
injection timing, and idle speed;
    (H) The prominent statement: ``This engine conforms to U.S. EPA 
regulations applicable to 19XX Model Year New Heavy-Duty Engines.'';
    (I) If the manufacturer is provided with an alternate useful life 
period under the provisions of Sec. 86.094-21(f), the prominent 
statement: ``This engine has been certified to meet U.S. EPA

[[Page 452]]

standards for a useful-life period of XXX miles or XXX hours of 
operation, whichever occurs first. This engine's actual life may vary 
depending on its service application.'' The manufacturer may alter this 
statement only to express the assigned alternate useful life in terms 
other than miles or hours (e.g., years, or hours only);
    (J) For diesel engines. The prominent statement: ``This engine has a 
primary intended service application as a XXX heavy-duty engine.'' (The 
primary intended service applications are light, medium, and heavy, as 
defined in Sec. 86.902-2.);
    (K) For Otto-cycle engines. One of the following statements, as 
applicable:
    (1) For engines certified to the emission standards under Sec. 
86.091-10 (a)(1)(i) or (iii), the statement: ``This engine is certified 
for use in all heavy-duty vehicles.'';
    (2) For gasoline-fueled engines certified under the provisions of 
Sec. 86.091-10(a)(3)(i), the statement: ``This engine is certified for 
use in all heavy-duty vehicles under the special provision of 40 CFR 
86.091-10(a)(3)(i).'';
    (3) For engines certified to the emission standards under Sec. 
86.091-10(a)(1) (ii) or (iv), the statement: ``This engine is certified 
for use only in heavy-duty vehicles with a gross vehicle weight rating 
above 14,000 lbs.'';
    (L) For diesel engines which are included in the diesel heavy-duty 
particulate averaging program, the family particulate emission limit to 
which the engine is certified;
    (M) For any heavy-duty engines which are included in the heavy-duty 
NOX averaging program, the family NOX emission 
limit to which the engine is certified;
    (N) Engines granted final admission under Sec. 85.1505 of this 
chapter must comply with the labeling requirements contained in Sec. 
85.1510 of this chapter.
    (O) For diesel engines which have been certified to comply with the 
urban bus particulate standard of 40 CFR 86.094-11(a)(1)(iv)(A), the 
statement ``This engine is certified for use in an urban bus as defined 
at 40 CFR 86.093-2.'' Unless waived by the Administrator on the basis of 
impracticality, for diesel engines not certified to comply with the 
urban bus particulate standard, the statement ``This engine is not 
certified for use in an urban bus as defined at 40 CFR 86.093-2. Sales 
of this engine for use in an urban bus is a violation of Federal law 
under the Clean Air Act.''
    (iv) The label may be made up of one or more pieces: Provided, That 
all pieces are permanently attached to the same engine or vehicle part 
as applicable.
    (4) Heavy-duty vehicles employing a fuel or fuels covered by 
evaporative emission standards. (i) A permanent, legible label shall be 
affixed in a readily visible position in the engine compartment. If such 
vehicles do not have an engine compartment, the label required in 
paragraphs (a)(4) and (g)(1) of this section shall be affixed in a 
readily available position on the operator's enclosure or on the engine.
    (ii) The label shall be affixed by the vehicle manufacturer who has 
been issued the Certificate of Conformity for such vehicle, in such a 
manner that it cannot be removed without destroying or defacing the 
label. The label shall not be affixed to any equipment which is easily 
detached from such vehicle.
    (iii) The label shall contain the following information lettered in 
the English language in block letters and numerals, which shall be of a 
color that contrasts with the background of the label:
    (A) The label heading: Vehicle Emission Control Information;
    (B) Full corporate name and trademark of manufacturer;
    (C) Evaporative family identification;
    (D) The maximum nominal fuel tank capacity (in gallons) for which 
the evaporative control system is certified (this requirement does not 
apply to vehicles whose evaporative control system efficiency is not 
dependent on fuel tank capacity); and
    (E) An unconditional statement of compliance with the appropriate 
model year U.S. Environmental Protection Agency regulations which apply 
to XXX-fueled heavy-duty vehicles.
    (F) Vehicles granted final admission under Sec. 85.1505 of this 
chapter must comply with the labeling requirements contained in Sec. 
85.1510 of this chapter.

[[Page 453]]

    (b) The provisions of this section shall not prevent a manufacturer 
from also reciting on the label that such vehicle (or engine) conforms 
to any applicable state emission standards for new motor vehicles (or 
new motor vehicle engines) or any other information that such 
manufacturer deems necessary for, or useful to, the proper operation and 
satisfactory maintenance of the vehicle (or engine).
    (c)(1) The manufacturer of any light-duty vehicle or light-duty 
truck subject to the emission standards (or family emission limits, as 
appropriate) of this subpart shall, in addition and subsequent to 
setting forth those statements on the label required by the Department 
of Transportation (DOT) pursuant to 49 CFR 567.4, set forth on the DOT 
label or an additional label located in proximity to the DOT label and 
affixed as described in 49 CFR 567.4(b), the following information in 
the English language, lettered in block letters and numerals not less 
than three thirty-seconds of an inch high, of a color that contrasts 
with the background of the label:
    (i) The heading: ``Vehicle Emission Control Information.''
    (ii)(A) For light-duty vehicles, the statement: ``This Vehicle 
Conforms to U.S. EPA Regulations Applicable to XXX-Fueled 19XX Model 
Year New Motor Vehicles.''
    (B) For light-duty trucks, (1) the statement: ``This vehicle 
conforms to U.S. EPA regulations applicable to XXX-Fueled 19XX Model 
Year New Light-Duty Trucks.''
    (2) [Reserved]
    (iii) One of the following statements, as applicable, in letters and 
numerals not less than six thirty-seconds of an inch high and of a color 
that contrasts with the background of the label:
    (A) For all vehicles certified as noncatalyst-equipped: ``NON-
CATALYST'';
    (B) For all vehicles certified as catalyst-equipped which are 
included in a manufacturer's catalyst control program for which approval 
has been given by the Administrator: ``CATALYST--APPROVED FOR IMPORT'';
    (C) For all vehicles certified as catalyst-equipped which are not 
included in a manufacturer's catalyst control program for which prior 
approval has been given by the Administrator: ``CATALYST''.
    (2) In lieu of selecting either of the labeling options of paragraph 
(c)(1) of this section, the manufacturer may add the information 
required by paragraph (c)(1)(iii) of this section to the label required 
by paragraph (a) of this section. The required information will be set 
forth in the manner prescribed by paragraph (c)(1)(iii) of this section.
    (d) Incomplete light-duty trucks or incomplete heavy-duty vehicles 
optionally certified in accordance with the light-duty truck provisions 
shall have one of the following prominent statements, as applicable, 
printed on the label required by paragraph (a)(2) of this section in 
lieu of the statement required by paragraph (a)(2)(iii)(E) of this 
section.
    (1) Light-duty trucks. The statement, ``This vehicle conforms to 
U.S. EPA regulations applicable to 19XX Model Year New Light-Duty Trucks 
when it does not exceed XX pounds in curb weight, XX pounds in gross 
vehicle weight rating, and XX square feet in frontal area.''
    (2) Heavy-duty vehicles optionally certified in accordance with the 
light-duty truck provisions. ``This heavy-duty vehicle conforms to the 
U.S. EPA regulations applicable to 19XX Model Year Light-Duty Trucks 
under the special provision of 40 CFR 86.085-1(b) when it does not 
exceed XXX pounds in curb weight, XXX pounds in gross vehicle weight 
rating, and XXX square feet in frontal area.''
    (e) Incomplete heavy-duty vehicles having a gross vehicle weight 
rating of 8,500 pounds or less shall have one of the following 
statements printed on the label required by paragraph (a)(3) of this 
section in lieu of the statement required by paragraph (a)(3)(iii)(H) of 
this section: ``This engine conforms to U.S. EPA regulations applicable 
to 19XX Model Year Heavy-Duty Engines when installed in a vehicle 
completed at a curb weight of more than 6,000 pounds or with a frontal 
area of greater than 45 square feet.''
    (f) The manufacturer of any incomplete light-duty vehicle or light-
duty truck shall notify the purchaser of such vehicle of any curb 
weight, frontal area, or gross vehicle weight rating

[[Page 454]]

limitations affecting the emission certificate applicable to that 
vehicle. This notification shall be transmitted in a manner consistent 
with National Highway Traffic Safety Administration safety notification 
requirements published in 49 CFR part 568.
    (g) Incomplete vehicle fuel tank capacity. (1) Incomplete heavy-duty 
vehicles employing a fuel or fuels which are nominally liquid at normal 
atmospheric pressure and temperature for which evaporative emission 
standards exist shall have the following prominent statement printed on 
the label required in paragraph (a)(4) of this section: ``Manufacturer's 
corporate name) has determined that this vehicle conforms to U.S. EPA 
regulations applicable to 19XX Model Year New XXX-Fueled Heavy-Duty 
Vehicles when completed with a nominal fuel tank capacity not to exceed 
XXX gallons. Persons wishing to add fuel tank capacity beyond the above 
maximum must submit a written statement to the Administrator that the 
hydrocarbon storage system has been upgraded according to the 
requirements of 40 CFR 86.095-35(g)(2).''
    (2) Persons wishing to add fuel tank capacity beyond the maximum 
specified on the label required in paragraph (g)(1) of this section 
shall:
    (i) Increase the amount of fuel tank vapor storage material 
according to the following function:
[GRAPHIC] [TIFF OMITTED] TR06OC93.012

Where:

Capf=final amount of fuel tank vapor storage material, grams.
Capi=initial amount of fuel tank vapor storage material, grams.
T. Vol.=total fuel tank volume of completed vehicle, gallons.
Max. Vol. = maximum fuel tank volume as specified on the label required 
in paragraph (g)(1) of this section, gallons.

    (ii) Use, if applicable, hosing for fuel vapor routing which is at 
least as impermeable to hydrocarbon vapors as that used by the primary 
manufacturer.
    (iii) Use vapor storage material with the same absorptive 
characteristics as that used by the primary manufacturer.
    (iv) Connect, if applicable, any new hydrocarbon storage device to 
the existing hydrocarbon storage device in series such that the original 
hydrocarbon storage device is situated between the fuel tank and the new 
hydrocarbon storage device. The original hydrocarbon storage device 
shall be sealed such that vapors cannot reach the atmosphere. The 
elevation of the original hydrocarbon storage device shall be equal to 
or lower than the new hydrocarbon storage device.
    (v) Submit a written statement to the Administrator that paragraphs 
(g)(2)(i) through (g)(2)(iv) of this section have been complied with.
    (3) If applicable, the Administrator will send a return letter 
verifying the receipt of the written statement required in paragraph 
(g)(2)(v) of this section.
    (h) Notification of nonconformance penalty. (1) Light-duty trucks 
and heavy-duty vehicles and engines for which nonconformance penalties 
are to be paid in accordance with Sec. 86.1113-87(b) shall have the 
following information printed on the label required in paragraph (a) of 
this section. The manufacturer shall begin labeling production engines 
or vehicles within 10 days after the completion of the PCA. This 
statement shall read: ``The manufacturer of this engine/vehicle will pay 
a nonconformance penalty to be allowed to introduce it into commerce at 
an emission level higher than the applicable emission standard. The 
compliance level (or new emission standard) for this engine/vehicle is 
XXX.'' (The manufacturer shall insert the applicable pollutant and 
compliance level calculated in accordance with Sec. 86.1112-87(a).)
    (2) If a manufacturer introduces an engine or vehicle into commerce 
prior to the compliance level determination of Sec. 86.1112-87(a), it 
shall provide the engine or vehicle owner with a label as described 
above to be affixed in a location in proximity to the label required in 
paragraph (a) of this section within 30 days of the completion of the 
PCA.
    (i) All light-duty vehicles and light-duty trucks shall comply with 
SAE Recommended Practices J1877 July 1994, ``Recommended Practice for 
Bar-Coded Vehicle Identification Number

[[Page 455]]

Label,'' and J1892 October 1993, ``Recommended Practice for Bar-Coded 
Vehicle Emission Configuration Label.'' SAE J1877 and J1892 are 
incorporated by reference. This incorporation by reference was approved 
by the Director of the Federal Register in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. Copies may be obtained from the Society of 
Automotive Engineers, Inc., 400 Commonwealth Drive, Warrendale, PA 
15096-0001. Copies may be inspected at Docket No. A-90-35 at EPA's Air 
Docket (LE-131), Room 1500M, 1st Floor, Waterside Mall, 401 M St., SW., 
Washington, DC, or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
call 202-741-6030, or go to: http://www.archives.gov/federal--register/
code--of--federal--regulations/ibr--locations.html.

[56 FR 25755, June 5, 1991, as amended at 57 FR 31913, July 17, 1992; 58 
FR 4037, Jan. 12, 1993; 58 FR 9487, Feb. 19, 1993; 58 FR 15799, Mar. 24, 
1993; 58 FR 16020, Mar. 24, 1993; 58 FR 33209, June 16, 1993; 58 FR 
34536, June 28, 1993; 59 FR 48499, Sept. 21, 1994; 63 FR 70694, Dec. 22, 
1998; 70 FR 40433, July 13, 2005]



Sec. 86.096-2  Definitions.

    The definitions listed in this section apply beginning with the 1996 
model year. The definitions of Sec. 86.094-2 continue to apply to 1996 
and later model year vehicles.
    Certification Short Test means the test, for gasoline-fueled Otto-
cycle light-duty vehicles and light-duty trucks, performed in accordance 
with the procedures contained in 40 CFR part 86 subpart O.
    Diurnal breathing losses means diurnal emissions.
    Diurnal emissions means evaporative emissions resulting from the 
daily cycling of ambient temperatures.
    Hot soak emissions means evaporative emissions after termination of 
engine operation.
    Hot-soak losses means hot soak emissions.
    Resting losses means evaporative emissions that may occur 
continuously, that are not diurnal emissions, hot soak emissions, 
running losses, or spitback emissions.
    Running losses means evaporative emissions that occur during vehicle 
operation.
    Spitback emissions means evaporative emissions resulting from the 
loss of liquid fuel that is emitted from a vehicle during a fueling 
operation.
    Useful life means:
    (1) For light-duty vehicles, and for light light-duty trucks not 
subject to the Tier 0 standards of Sec. 86.094-9(a), intermediate 
useful life and/or full useful life. Intermediate useful life is a 
period of use of 5 years or 50,000 miles, whichever occurs first. Full 
useful life is a period of use of 10 years or 100,000 miles, whichever 
occurs first, except as otherwise noted in Sec. 86.094-9. The useful 
life of evaporative emission control systems on the portion of these 
vehicles subject to the evaporative emission test requirements of Sec. 
86.130-96 is defined as a period of use of 10 years or 100,000 miles, 
whichever occurs first.
    (2) For light light-duty trucks subject to the Tier 0 standards of 
Sec. 86.094-9(a), and for heavy light-duty truck engine families, 
intermediate and/or full useful life. Intermediate useful life is a 
period of use of 5 years or 50,000 miles, whichever occurs first. Full 
useful life is a period of use of 11 years or 120,000 miles, whichever 
occurs first. The useful life of evaporative emission control systems on 
the portion of these vehicles subject to the evaporative emission test 
requirements of Sec. 86.130-96 is also defined as a period of 11 years 
or 120,000 miles, whichever occurs first.
    (3) For an Otto-cycle heavy-duty engine family, a period of use of 8 
years or 110,000 miles, whichever occurs first, except for the portion 
of evaporative emission control systems subject to the evaporative 
emission test requirements of Sec. 86.1230-96, for which the applicable 
period of use is 10 years or 110,000 miles, whichever occurs first.
    (4) For a diesel heavy-duty engine family:
    (i) For light heavy-duty diesel engines, period of use of 8 years or 
110,000 miles, whichever occurs first.
    (ii) For medium heavy-duty diesel engines, a period of use of 8 
years or 185,000 miles, whichever occurs first.
    (iii) For heavy heavy-duty diesel engines, a period of use of 8 
years or 290,000 miles, whichever occurs first,

[[Page 456]]

except as provided in paragraph (4)(iv) of this definition.
    (iv) For heavy heavy-duty diesel engines used in urban buses, for 
the particulate standard, a period of use of 10 years or 290,000 miles, 
whichever occurs first.
    (5) As an option for both light-duty trucks under certain conditions 
and heavy-duty engine families, an alternative useful life period 
assigned by the Administrator under the provisions of Sec. 86.094-
21(f).
    (6) The useful-life period for purposes of the emissions defect 
warranty and emissions performance warranty shall be a period of 5 
years/50,000 miles, whichever occurs first, for light-duty trucks, Otto-
cycle heavy-duty engines and light heavy-duty diesel engines. For all 
other heavy-duty diesel engines the aforementioned period is 5 years/
100,000 miles, whichever occurs first. However, in no case may this 
period be less than the manufacturer's basic mechanical warranty period 
for the engine family.

[58 FR 16020, Mar. 24, 1993, as amended at 58 FR 58417, Nov. 1, 1993]



Sec. 86.096-3  Abbreviations.

    (a) The abbreviations in Sec. 86.094-3 continue to apply. The 
abbreviation in this section applies beginning with the 1996 model year.
    (b) The abbreviation in this section applies to this subpart and to 
subpart O of this part, and has the following meaning:

CST--Certification Short Test

[58 FR 58417, Nov. 1, 1993]



Sec. 86.096-7  Maintenance of records; submittal of information; 
right of entry.

    Section 86.096-7 includes text that specifies requirements that 
differ from those specified in Sec. Sec. 86.091-7 and 86.094-7. Where a 
paragraph in Sec. 86.091-7 or Sec. 86.094-7 is identical and 
applicable to Sec. 86.096-7, this may be indicated by specifying the 
corresponding paragraph and the statement ``[Reserved]. For guidance see 
Sec. 86.091-7.'' or ``[Reserved]. For guidance see Sec. 86.094-7.''
    (a) Introductory text through (a)(2) [Reserved]. For guidance see 
Sec. 86.091-7.
    (a)(3)-(h)(5) [Reserved]. For guidance see Sec. 86.094-7.
    (h)(6) Voiding a certificate. (i) EPA may void ab initio a 
certificate for a vehicle certified to Tier 0 certification standards or 
to the respective evaporative test procedure and accompanying 
evaporative standards as set forth or otherwise referenced in Sec. 
86.090-8, Sec. 86.090-9, Sec. 86.091-10 or Sec. 86.094-11 for which 
the manufacturer fails to retain the records required in this section or 
to provide such information to the Administrator upon request.
    (ii) EPA may void ab initio a certificate for a 1994 or 1995 model 
year light-duty vehicle or light-duty truck that is not certified in 
compliance with the cold temperature CO standard for which the 
manufacturer fails to retain the records required in this section or to 
provide such information to the Administrator upon request.
    (iii) Any voiding ab initio of a certificate under Sec. 86.091-
7(c)(6) and paragraph (h)(6) of this section will be made only after the 
manufacturer concerned has been offered an opportunity for a hearing 
conducted in accordance with Sec. 86.614 for light-duty vehicles or 
under Sec. 86.1014 for light-duty trucks and heavy-duty engines.
    (7) The manufacturer (or contractor for the manufacturer, if 
applicable) of any new model 1996 through 1998 light-duty vehicle, 
light-duty truck or heavy-duty vehicle that is certified shall 
establish, maintain and retain the following adequately organized and 
indexed records for each such vehicle:
    (i) EPA engine family;
    (ii) Vehicle identification number;
    (iii) Model year and production date;
    (iv) Shipment date;
    (v) Purchaser;
    (vi) Purchase contract; and
    (vii) EPA evaporative family.

[58 FR 16021, Mar. 24, 1993, as amended at 58 FR 34535, June 28, 1993]



Sec. 86.096-8  Emission standards for 1996 and later model year 
light-duty vehicles.

    (a)(1) Standards. (i) Exhaust emissions from 1996 and later model 
year light-duty vehicles (optional for 1996 model year natural gas-
fueled and liquefied petroleum gas-fueled light-duty vehicles) shall 
meet all standards in

[[Page 457]]

Tables A96-1 and A96-2 in the rows designated with the applicable fuel 
type. Light-duty vehicles shall not exceed the applicable standards in 
table A96-1 and shall not exceed the applicable standards in table A96-
2.

                 Table A96-1--Intermediate Useful Life Standards (g/mi) for Light-Duty Vehicles
----------------------------------------------------------------------------------------------------------------
                Fuel                    THC        NMHC       THCE      NMHCE        CO        NOX         PM
----------------------------------------------------------------------------------------------------------------
Gasoline...........................       0.41       0.25  .........  .........        3.4        0.4       0.08
Diesel.............................       0.41       0.25  .........  .........        3.4        1.0       0.08
Methanol...........................  .........  .........       0.41       0.25        3.4        0.4       0.08
Natural Gas........................  .........       0.25  .........  .........        3.4        0.4       0.08
LPG................................       0.41       0.25  .........  .........        3.4        0.4       0.08
----------------------------------------------------------------------------------------------------------------


                     Table A96-2--Full Useful Life Standards (g/mi) for Light-Duty Vehicles
----------------------------------------------------------------------------------------------------------------
               Fuel                    THC        NMHC       THCE      NMHCE        CO         NOX         PM
----------------------------------------------------------------------------------------------------------------
Gasoline..........................  .........       0.31  .........  .........        4.2        0.6        0.10
Diesel............................  .........       0.31  .........  .........        4.2        1.25       0.10
Methanol..........................  .........  .........  .........       0.31        4.2        0.6        0.10
Natural Gas.......................  .........       0.31  .........  .........        4.2        0.6        0.10
LPG...............................  .........       0.31  .........  .........        4.2        0.6        0.10
----------------------------------------------------------------------------------------------------------------

    (ii)(A) Vehicles subject to the standards of paragraph (a)(1)(i) of 
this section shall be all actual U.S. sales of light-duty vehicles of 
the applicable model year by a manufacturer.
    (B) A manufacturer can not use one set of engine families to meet 
its intermediate useful life standards and another to meet its full 
useful life standards. The same families which are used to meet the 
intermediate useful life standards will be required without deviation to 
meet the corresponding full useful life standards.
    (iii) CST emissions from gasoline-fueled Otto-cycle light-duty 
vehicles measured and calculated in accordance with subpart O of this 
part may not exceed the standards listed in paragraphs (a)(1)(iii) (A) 
and (B) of this section.
    (A) Hydrocarbons: 100 ppm as hexane.
    (B) Carbon monoxide: 0.5%.
    (2) The standards set forth in paragraph (a)(1)(i) of this section 
refer to the exhaust emitted over a driving schedule as set forth in 
subpart B of this part and measured and calculated in accordance with 
those procedures. The test weight basis for light-duty vehicles, for the 
purposes of determining equivalent test weight as prescribed in Sec. 
86.129-94, shall be loaded vehicle weight.
    (3) The standards set forth in paragraph (a)(1)(iii) of this section 
refer to the exhaust emitted during the CST as set forth in subpart O of 
this part and measured and calculated in accordance with those 
provisions.
    (b) Evaporative emissions from light-duty vehicles shall not exceed 
the following standards. The standards apply equally to certification 
and in-use vehicles. The spitback standard also applies to newly 
assembled vehicles. For certification vehicles only, manufacturers may 
conduct testing to quantify a level of nonfuel background emissions for 
an individual test vehicle. Such a demonstration must include a 
description of the source(s) of emissions and an estimated decay rate. 
The demonstrated level of nonfuel background emissions may be subtracted 
from emission test results from certification vehicles if approved in 
advance by the Administrator.
    (1) Hydrocarbons (for gasoline-fueled, natural gas-fueled and 
liquefied petroleum gas-fueled vehicles). (i)(A) For the full three-
diurnal test sequence described in Sec. 86.130-96, diurnal plus hot 
soak measurements: 2.0 grams per test.
    (B) For the supplemental two-diurnal test sequence described in 
Sec. 86.130-96, diurnal plus hot soak emissions (gasoline-fueled 
vehicles only): 2.5 grams per test.
    (ii) Running loss test (gasoline-fueled vehicles only): 0.05 grams 
per mile.
    (iii) Fuel dispensing spitback test (gasoline-fueled vehicles only): 
1.0 grams per test.

[[Page 458]]

    (2) Total Hydrocarbon Equivalent (for methanol-fueled vehicles). 
(i)(A) For the full three-diurnal test sequence described in Sec. 
86.130-96, diurnal plus hot soak measurements: 2.0 grams carbon per 
test.
    (B) For the supplemental two-diurnal test sequence described in 
Sec. 86.130-96, diurnal plus hot soak measurements: 2.5 grams carbon 
per test.
    (ii) Running loss test: 0.05 grams carbon per mile.
    (iii) Fuel dispensing spitback test: 1.0 gram carbon per test.
    (3) The standards set forth in paragraphs (b) (1) and (2) of this 
section refer to a composite sample of evaporative emissions collected 
under the conditions and measured in accordance with the procedures set 
forth in subpart B of this part.
    (4) All fuel vapor generated in a gasoline- or methanol-fueled 
light-duty vehicle during in-use operations shall be routed exclusively 
to the evaporative control system (e.g., either canister or engine 
purge). The only exception to this requirement shall be for emergencies.
    (5)(i) A minimum of the percentage shown in table A96-15 of a 
manufacturer's sales of the applicable model year's gasoline- and 
methanol-fueled light-duty vehicles shall be tested with the procedures 
in subpart B indicated for 1996 model year, and shall not exceed the 
standards described in paragraph (b) of this section. The remaining 
vehicles shall be tested with the procedures in subpart B of this part 
for 1995 model year light-duty vehicles and be subject to the standards 
described in Sec. 86.090-8(b).

    Table A96-15--Implementation Schedule for Light-Duty Vehicles for
                      Evaporative Emission Testing
------------------------------------------------------------------------
                                                                 Sales
                         Model year                           percentage
------------------------------------------------------------------------
1996........................................................         20
1997........................................................         40
1998........................................................         90
1999 and following..........................................        100
------------------------------------------------------------------------

    (ii) Optionally, a minimum of the percentage shown in table A96-15 
of a manufacturer's combined sales of the applicable model year's 
gasoline- and methanol-fueled light-duty vehicles, light-duty trucks, 
and heavy-duty vehicles shall not exceed the applicable standards.
    (iii) Small volume manufacturers, as defined in Sec. 86.092-
14(b)(1) and (2), are exempt from the implementation schedule of table 
A96-15 of this section for model years 1996, 1997, and 1998. For small 
volume manufacturers, the standards of Sec. 86.090-8(b), and the 
associated test procedures, continue to apply until model year 1999, 
when 100 percent compliance with the standards of this section is 
required. This exemption does not apply to small volume engine families 
as defined in Sec. 86.092-14(b)(5).
    (iv) For the 1996 model year, manufacturers may satisfy the testing 
requirements for federal certification to the evaporative standards of 
paragraph (b) of this section, except the fuel dispensing spitback test, 
by presenting test results from the certification procedures defined by 
the California Regulatory Requirements Applicable to the Evaporative 
Emissions Program (January 4, 1995). These requirements have been 
incorporated by reference (see Sec. 86.1).
    (c) No crankcase emissions shall be discharged into the ambient 
atmosphere from any 1996 and later model year Otto-cycle, or methanol-or 
gaseous-fueled diesel light-duty vehicle. This requirement is optional 
for 1996 model year gaseous-fueled light-duty vehicles.
    (d)-(f) [Reserved]
    (g) Any 1994 and later model year light-duty vehicle that a 
manufacturer wishes to certify for sale shall meet the emission 
standards under both low- and high-altitude conditions as specified in 
Sec. 86.082-2, except as provided in paragraphs (h) and (i) of this 
section. Vehicles shall meet emission standards under both low- and 
high-altitude conditions without manual adjustments or modifications. 
Any emission control device used to meet emission standards under high-
altitude conditions shall initially actuate (automatically) no higher 
than 4,000 feet above sea level.
    (h) The manufacturer may exempt 1994 and later model year vehicles 
from compliance at high altitude with the emission standards set forth 
in paragraphs (a) and (b) of this section if the

[[Page 459]]

vehicles are not intended for sale at high altitude and if the 
requirements of paragraphs (h) (1) and (2) of this section are met.
    (1) A vehicle configuration shall only be considered eligible for 
exemption under paragraph (h) of this section if the requirements of 
either paragraph (h)(1) (i), (ii), (iii), or (iv) of this section are 
met.
    (i) Its design parameters (displacement-to-weight ratio (D/W) and 
engine speed-to-vehicle-speed ratio (N/V)) fall within the exempted 
range for that manufacturer for that year. The exempted range is 
determined according to the following procedure:
    (A) The manufacturer shall graphically display the D/W and N/V data 
of all vehicle configurations it will offer for the model year in 
question. The axis of the abscissa shall be D/W (where (D) is the engine 
displacement expressed in cubic centimeters and (W) is the equivalent 
vehicle test weight expressed in pounds), and the axis of the ordinate 
shall be N/V (where (N) is the crankshaft speed expressed in revolutions 
per minute and (V) is the vehicle speed expressed in miles per hour). At 
the manufacturer's option, either the 1:1 transmission gear ratio or the 
lowest numerical gear ratio available in the transmission will be used 
to determine N/V. The gear selection must be the same for all N/V data 
points on the manufacturer's graph. For each transmission/axle ratio 
combination, only the lowest N/V value shall be used in the graphical 
display.
    (B) The product line is then defined by the equation, N/V=C(D/
W)-0.9, where the constant, C, is determined by the 
requirement that all the vehicle data points either fall on the line or 
lie to the upper right of the line as displayed on the graphs.
    (C) The exemption line is then defined by the equation, N/V=C(0.84 
D/W)-0.9, where the constant, C is the same as that found in 
paragraph (h)(1)(i)(B) of this section.
    (D) The exempted range includes all values of N/V and D/W which 
simultaneously fall to the lower left of the exemption line as drawn on 
the graph.
    (ii) Its design parameters fall within the alternate exempted range 
for that manufacturer that year. The alternate exempted range is 
determined by substituting rated horsepower (hp) for displacement (D) in 
the exemption procedure described in paragraph (h)(1)(i) of this section 
and by using the product line N/V=C(hp/W)-0.9.
    (A) Rated horsepower shall be determined by using the Society of 
Automotive Engineers Test Procedure J 1349, June 1990, Engine Power Test 
Code--Spark Ignition and Compression Ignition--Net Power Rating. This 
incorporation by reference was approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies 
may be obtained from SAE International, 400 Commonwealth Drive, 
Warrendale, PA, 15096-0001. Copies may be inspected at U.S. EPA, OAR, 
401 M St., SW., Washington, DC 20460, or at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, call 202-741-6030, or go to: http://
www.archives.gov/federal--register/code--of--federal--regulations/ibr--
locations.html. Any of the horsepower determinants within that test 
procedure may be used, as long as it is used consistently throughout the 
manufacturer's product line in any model year.
    (B) No exemptions will be allowed under paragraph (h)(1)(ii) of this 
section to any manufacturer that has exempted vehicle configurations as 
set forth in paragraph (h)(1)(i) of this section.
    (iii) Its acceleration time (the time it takes a vehicle to 
accelerate from 0 miles per hour to a speed not less than 40 miles per 
hour and not greater than 50 miles per hour) under high-altitude 
conditions is greater than the largest acceleration time under low-
altitude conditions for that manufacturer for that year. The procedure 
to be followed in making this determination is:
    (A) The manufacturer shall list the vehicle configuration and 
acceleration time under low-altitude conditions of that vehicle 
configuration which has the highest acceleration time under low-altitude 
conditions of all the vehicle configurations it will offer for the model 
year in question. The manufacturer shall also submit a description of

[[Page 460]]

the methodology used to make this determination.
    (B) The manufacturer shall then list the vehicle configurations and 
acceleration times under high-altitude conditions of all those vehicle 
configurations which have higher acceleration times under high-altitude 
conditions than the highest acceleration time at low altitude identified 
in paragraph (h)(1)(iii)(A) of this section.
    (iv) In lieu of performing the test procedure of paragraphs 
(h)(1)(iii) (A) and (B) of this section, its acceleration time can be 
estimated based on the manufacturer's engineering evaluation, in 
accordance with good engineering practice, to meet the exemption 
criteria of paragraph (h)(1)(iii) of this section.
    (2) A vehicle shall only be considered eligible for exemption under 
this paragraph if at least one configuration of its model type (and 
transmission configuration in the case of vehicles equipped with manual 
transmissions, excluding differences due to the presence of overdrive) 
is certified to meet emission standards under high-altitude conditions 
as specified in paragraphs (a) through (c) and paragraph (g) of this 
section. The Certificate of Conformity (the Certificate) covering any 
exempted configuration(s) will also apply to the corresponding non-
exempt configuration(s) required under this paragraph (h)(2). As a 
condition to the exemption, any suspension, revocation, voiding, or 
withdrawal of the Certificate as it applies to a non-exempt 
configuration for any reason will result in a suspension of the 
Certificate as it applies to the corresponding exempted configuration(s) 
of that model type, unless there is at least one other corresponding 
non-exempt configuration of the same model type still covered by the 
Certificate. The suspension of the Certificate as it applies to the 
exempted configuration(s) will be terminated when any one of the 
following occurs:
    (i) Another corresponding non-exempt configuration(s) receive(s) 
coverage under the Certificate; or
    (ii) Suspension of the Certificate as it applies to the 
corresponding non-exempt configuration(s) is terminated; or
    (iii) The Agency's action(s), with respect to suspension, 
revocation, voiding, or withdrawal of the Certificate as it applies to 
the corresponding non-exempt configuration(s), is reversed.
    (3) The sale of a vehicle for principal use at a designated high-
altitude location that has been exempted as set forth in paragraph (h) 
of this section will be considered a violation of section 203(a)(1) of 
the Clean Air Act.
    (i)(1) The manufacturers may exempt 1996 and later model year 
vehicles from compliance at low altitude with the emission standards set 
forth in paragraph (a) of this section and Sec. 86.090-8(b) if the 
vehicles:
    (i) Are not intended for sale at low altitude; and
    (ii) Are equipped with a unique, high-altitude axle ratio (rear-
wheel drive vehicles) or a unique, high-altitude drivetrain (front-wheel 
drive vehicles) with a higher N/V ratio than other configurations of 
that model type which are certified in compliance with the emission 
standards of paragraph (a) of this section and Sec. 86.090-8(b) under 
low-altitude conditions.
    (2) The sale of a vehicle for principal use at low altitude that has 
been exempted as set forth in paragraph (i)(1) of this section will be 
considered a violation of section 203(a)(1) of the Clean Air Act.
    (j) Any exempted light-duty vehicle that a manufacturer wishes to 
certify for sale under the provisions of Sec. 86.090-8 (h) or paragraph 
(i) of this section is subject to the provisions of subpart Q of this 
part.
    (k) Cold Temperature Carbon Monoxide (CO) Standards--Light-Duty 
Vehicles. Exhaust emissions from 1996 and later model year gasoline-
fueled light-duty vehicles shall not exceed the cold temperature CO 
standard of 10.0 grams per mile for an intermediate useful life of 
50,000 miles, as measured and calculated under the provisions set forth 
in subpart C of this part. This standard applies under both low and high 
altitude conditions.

[56 FR 25756, June 5, 1991, as amended at 57 FR 31915, July 17, 1992; 58 
FR 16021, Mar. 24, 1993; 58 FR 34536, June 28, 1993; 58 FR 58417, Nov. 
1, 1993; 59 FR 48499, Sept. 21, 1994; 60 FR 43887, Aug. 23, 1995; 62 FR 
47120, Sept. 5, 1997]

[[Page 461]]



Sec. 86.096-9  Emission standards for 1996 and later model year 
light-duty trucks.

    Section 86.096-9 includes text that specifies requirements that 
differ from Sec. 86.094-9. Where a paragraph in Sec. 86.094-9 is 
identical and applicable to Sec. 86.096-9, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.094-9.''
    (a)(1) introductory text through (a)(1)(iv) [Reserved]. For guidance 
see Sec. 86.094-9.
    (v) CST emissions from gasoline-fueled Otto-cycle light-duty trucks 
measured and calculated in accordance with subpart O of this part may 
not exceed the standards listed in paragraphs (a)(1)(v) (A) and (B) of 
this section.
    (A) Hydrocarbons: 100 ppm as hexane.
    (B) Carbon monoxide: 0.5%.
    (a)(2) [Reserved]
    (3) The standards set forth in paragraph (a)(1)(v) of this section 
refer to the exhaust emitted during the CST as set forth in subpart O of 
this part and measured and calculated in accordance with those 
provisions.
    (b) Evaporative emissions from light-duty trucks shall not exceed 
the following standards. The standards apply equally to certification 
and in-use vehicles. The spitback standard also applies to newly 
assembled vehicles. For certification vehicles only, manufacturers may 
conduct testing to quantify a level of nonfuel background emissions for 
an individual test vehicle. Such a demonstration must include a 
description of the source(s) of emissions and an estimated decay rate. 
The demonstrated level of nonfuel background emissions may be subtracted 
from emission test results from certification vehicles if approved in 
advance by the Administrator.
    (1) Hydrocarbons (for gasoline-fueled, natural gas-fueled and 
liquefied petroleum gas-fueled vehicles). (i)(A) For gasoline-fueled 
heavy light-duty trucks with a nominal fuel tank capacity of at least 30 
gallons:
    (1) For the full three-diurnal test sequence described in Sec. 
86.130-96, diurnal plus hot soak measurements: 2.5 grams per test.
    (2) For the supplemental two-diurnal test sequence described in 
Sec. 86.130-96, diurnal plus hot soak measurements: 3.0 grams per test.
    (B) For all other light-duty trucks:
    (1) For the full three-diurnal test sequence described in Sec. 
86.130-96, diurnal plus hot soak measurements: 2.0 grams per test.
    (2) For the supplemental two-diurnal test sequence described in 
Sec. 86.130-96, diurnal plus hot soak measurements (gasoline-fueled 
vehicles only): 2.5 grams per test.
    (ii) Running loss test (gasoline-fueled vehicles only): 0.05 grams 
per mile.
    (iii) Fuel dispensing spitback test (gasoline-fueled vehicles only): 
1.0 grams per test.
    (2) Total Hydrocarbon Equivalent (for methanol-fueled vehicles). 
(i)(A) For heavy light-duty trucks with nominal fuel tank capacity of at 
least 30 gallons:
    (1) For the full three-diurnal test sequence described in Sec. 
86.130-96, diurnal plus hot soak measurements: 2.5 grams carbon per 
test.
    (2) For the supplemental two-diurnal test sequence described in 
Sec. 86.130-96, diurnal plus hot soak measurements: 3.0 grams carbon 
per test.
    (B) For all other light-duty trucks:
    (1) For the full three-diurnal test sequence described in Sec. 
86.130-96, diurnal plus hot soak measurements: 2.0 grams carbon per 
test.
    (2) For the supplemental two-diurnal test sequence described in 
Sec. 86.130-96, diurnal plus hot soak measurements: 2.5 grams carbon 
per test.
    (ii) Running loss test: 0.05 grams carbon per mile.
    (iii) Fuel dispensing spitback test: 1.0 gram carbon per test.
    (3) The standards set forth in paragraphs (b) (1) and (2) of this 
section refer to a composite sample of evaporative emissions collected 
under the conditions and measured in accordance with the procedures set 
forth in subpart B of this part.
    (4) All fuel vapor generated in a gasoline- or methanol-fueled 
light-duty truck during in-use operations shall be routed exclusively to 
the evaporative control system (e.g., either canister or engine purge). 
The only exception to this requirement shall be for emergencies.

[[Page 462]]

    (5)(i) A minimum of the percentage shown in table A96-16 of a 
manufacturer's sales of the applicable model year's gasoline- and 
methanol-fueled light-duty trucks shall be tested with the procedures in 
subpart B of this part indicated for the 1996 model year, and shall not 
exceed the standards described in paragraph (b) of this section. The 
remaining vehicles shall be tested with the procedures in subpart B of 
this part for 1995 model year light-duty trucks and be subject to the 
standards described in Sec. 86.090-9(b).

     Table A96-16--Implementation Schedule for Light-Duty Trucks for
                      Evaporative Emission Testing
------------------------------------------------------------------------
                                                                 Sales
                         Model year                           percentage
------------------------------------------------------------------------
1996........................................................         20
1997........................................................         40
1998........................................................         90
1999 and following..........................................        100
------------------------------------------------------------------------

    (ii) Optionally, a minimum of the percentage shown in table A96-16 
of a manufacturer's combined sales of the applicable model year's 
gasoline- and methanol-fueled light-duty vehicles, light-duty trucks, 
and heavy-duty vehicles shall not exceed the applicable standards.
    (iii) Small volume manufacturers, as defined in Sec. 86.092-
14(b)(1) and (2), are exempt from the implementation schedule of table 
A96-16 of this section for model years 1996, 1997, and 1998. For small 
volume manufacturers, the standards of Sec. 86.090-9(b), and the 
associated test procedures, continue to apply until model year 1999, 
when 100 percent compliance with the standards of this section is 
required. This exemption does not apply to small volume engine families 
as defined in Sec. 86.092-14(b)(5).
    (iv) For the 1996 model year, manufacturers may satisfy the testing 
requirements for federal certification to the evaporative standards of 
paragraph (b) of this section, except the fuel dispensing spitback test, 
by presenting test results from the certification procedures defined by 
the California Regulatory Requirements Applicable to the Evaporative 
Emissions Program (January 4, 1995). These requirements have been 
incorporated by reference (see Sec. 86.1).
    (c) [Reserved]. For guidance see Sec. 86.094-9.
    (d)-(f) [Reserved]
    (g)-(k) [Reserved]. For guidance see Sec. 86.094-9.

[58 FR 16021, Mar. 24, 1993, as amended at 58 FR 58417, Nov. 1, 1993; 59 
FR 48500, Sept. 21, 1994; 60 FR 43887, Aug. 23, 1995]



Sec. 86.096-10  Emission standards for 1996 and later model year 
Otto-cycle heavy-duty engines and vehicles.

    Section 86.096-10 includes text that specifies requirements that 
differ from Sec. 86.091-10. Where a paragraph in Sec. 86.091-10 is 
identical and applicable to Sec. 86.096-10, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.091-10.''
    (a) [Reserved]. For guidance see Sec. 86.091-10.
    (b) Evaporative emissions from heavy-duty vehicles shall not exceed 
the following standards. The standards apply equally to certification 
and in-use vehicles. The spitback standard also applies to newly 
assembled vehicles. For certification vehicles only, manufacturers may 
conduct testing to quantify a level of nonfuel background emissions for 
an individual test vehicle. Such a demonstration must include a 
description of the source(s) of emissions and an estimated decay rate. 
The demonstrated level of nonfuel background emissions may be subtracted 
from emission test results from certification vehicles if approved in 
advance by the Administrator.
    (1) Hydrocarbons (for vehicles equipped with gasoline-fueled, 
natural gas-fueled or liquefied petroleum gas-fueled engines). (i) For 
vehicles with a Gross Vehicle Weight Rating of up to 14,000 lbs:
    (A)(1) For the full three-diurnal test sequence described in Sec. 
86.1230-96, diurnal plus hot soak measurements: 3.0 grams per test.
    (2) For the supplemental two-diurnal test sequence described in 
Sec. 86.1230-96, diurnal plus hot soak measurements (gasoline-fueled 
vehicles only): 3.5 grams per test.
    (B) Running loss test (gasoline-fueled vehicles only): 0.05 grams 
per mile.

[[Page 463]]

    (C) Fuel dispensing spitback test (gasoline-fueled vehicles only): 
1.0 gram per test.
    (ii) For vehicles with a Gross Vehicle Weight Rating of greater than 
14,000 lbs:
    (A)(1) For the full three-diurnal test sequence described in Sec. 
86.1230-96, diurnal plus hot soak measurements: 4.0 grams per test.
    (2) For the supplemental two-diurnal test sequence described in 
Sec. 86.1230-96, diurnal plus hot soak measurements (gasoline-fueled 
vehicles only): 4.5 grams per test.
    (B) Running loss test (gasoline-fueled vehicles only): 0.05 grams 
per mile.
    (2) Total Hydrocarbon Equivalent (for vehicles equipped with 
methanol-fueled engines). (i) For vehicles with a Gross Vehicle Weight 
Rating of up to 14,000 lbs:
    (A)(1) For the full three-diurnal test sequence described in Sec. 
86.1230-96, diurnal plus hot soak measurements: 3.0 grams carbon per 
test.
    (2) For the supplemental two-diurnal test sequence described in 
Sec. 86.1230-96, diurnal plus hot soak measurements: 3.5 grams carbon 
per test.
    (B) Running loss test: 0.05 grams carbon per mile.
    (C) Fuel dispensing spitback test: 1.0 gram carbon per test.
    (ii) For vehicles with a Gross Vehicle Weight Rating of greater than 
14,000 lbs:
    (A)(1) For the full three-diurnal test sequence described in Sec. 
86.1230-96, diurnal plus hot soak measurements: 4.0 grams carbon per 
test.
    (2) For the supplemental two-diurnal test sequence described in 
Sec. 86.1230-96, diurnal plus hot soak measurements: 4.5 grams carbon 
per test.
    (B) Running loss test: 0.05 grams carbon per mile.
    (3)(i) For vehicles with a Gross Vehicle Weight Rating of up to 
26,000 lbs, the standards set forth in paragraphs (b)(1) and (b)(2) of 
this section refer to a composite sample of evaporative emissions 
collected under the conditions and measured in accordance with the 
procedures set forth in subpart M of this part.
    (ii) For vehicles with a Gross Vehicle Weight Rating of greater than 
26,000 lbs., the standards set forth in paragraphs (b)(1)(ii) and 
(b)(2)(ii) of this section refer to the manufacturer's engineering 
design evaluation using good engineering practice (a statement of which 
is required in Sec. 86.091-23(b)(4)(ii)).
    (4) All fuel vapor generated in a gasoline- or methanol-fueled 
heavyduty vehicle during in-use operations shall be routed exclusively 
to the evaporative control system (e.g., either canister or engine 
purge). The only exception to this requirement shall be for emergencies.
    (5)(i) A minimum of the percentage shown in table A96-17 of a 
manufacturer's sales of the applicable model year's gasoline- and 
methanol-fueled heavy-duty vehicles shall not exceed the standards 
described in paragraph (b) of this section, except that methanol-fueled 
heavy-duty vehicles are exempt for the 1996 and 1997 model years. The 
remaining vehicles shall be subject to the standards described in Sec. 
86.091-10(b).

    Table A96-17--Implementation Schedule for Heavy-Duty Vehicles for
                      Evaporative Emission Testing
------------------------------------------------------------------------
                                                                 Sales
                         Model year                           percentage
------------------------------------------------------------------------
1996........................................................         20
1997........................................................         40
1998........................................................         90
1999 and following..........................................        100
------------------------------------------------------------------------

    (ii) Optionally, a minimum of the percentage shown in table A96-17 
of a manufacturer's combined sales of the applicable model year's 
gasoline- and methanol-fueled light-duty vehicles, light-duty trucks, 
and heavy-duty vehicles shall not exceed the applicable standards.
    (iii) Small volume manufacturers, as defined in Sec. 86.092-
14(b)(1) and (2), are exempt from the implementation schedule of table 
A96-17 of this section for model years 1996, 1997, and 1998. For small 
volume manufacturers, the standards of Sec. 86.091-10(b), and the 
associated test procedures, continue to apply until model year 1999, 
when 100 percent compliance with the standards of this section is 
required. This exemption does not apply to small volume engine families 
as defined in Sec. 86.092-14(b)(5).

[[Page 464]]

    (iv) For the 1996 model year, manufacturers may satisfy the testing 
requirements for federal certification to the evaporative standards of 
paragraph (b) of this section, except the fuel dispensing spitback test, 
by presenting test results from the certification procedures defined by 
the California Regulatory Requirements Applicable to the Evaporative 
Emissions Program (January 4, 1995). These requirements have been 
incorporated by reference (see Sec. 86.1).
    (c)-(d) [Reserved]. For guidance see Sec. 86.091-10.

[58 FR 16022, Mar. 24, 1993, as amended at 59 FR 48500, Sept. 21, 1994; 
60 FR 43887, Aug. 23, 1995]



Sec. 86.096-11  Emission standards for 1996 and later model year 
diesel heavy-duty engines and vehicles.

    (a) Exhaust emissions from new 1996 and later model year diesel 
heavy-duty engines shall not exceed the following (optional for 1996 
model year gaseous-fueled diesel heavy-duty engines):
    (1)(i) Hydrocarbons (for diesel engines fueled with either 
petroleum-fuel or liquefied petroleum gas). 1.3 grams per brake 
horsepower-hour (0.48 gram per megajoule), as measured under transient 
operating conditions.
    (ii) Total Hydrocarbon Equivalent (for methanol-fueled diesel 
engines). 1.3 grams per brake horsepower-hour (0.48 gram per megajoule), 
as measured under transient operating conditions.
    (iii) Nonmethane hydrocarbons (for natural gas-fueled diesel 
engines). 1.2 grams per brake horsepower-hour (0.45 gram per megajoule), 
as measured under transient operating conditions.
    (2) Carbon monoxide. (i) 15.5 grams per brake horsepower-hour (5.77 
grams per megajoule), as measured under transient operating conditions.
    (ii) 0.50 percent of exhaust gas flow at curb idle (methanol-, 
natural gas-, and liquefied petroleum gas-fueled diesel only).
    (3) Oxides of Nitrogen. (i) 5.0 grams per brake horsepower-hour (1.9 
grams per megajoule), as measured under transient operating conditions.
    (ii) A manufacturer may elect to include any or all of its diesel 
heavy-duty engine families in any or all of the NOX 
averaging, trading, or banking programs for heavy-duty engines, within 
the restrictions described in Sec. 86.094-15. If the manufacturer 
elects to include engine families in any of these programs, the 
NOX FELs may not exceed 6.0 grams per brake horsepower-hour 
(2.2 grams per megajoule). This ceiling value applies whether credits 
for the family are derived from averaging, trading or banking programs.
    (4) Particulate. (i) For diesel engines to be used in urban buses, 
0.05 gram per brake horsepower-hour (0.019 gram per megajoule) for 
certification testing and selective enforcement audit testing, and 0.07 
gram per brake horsepower-hour (0.026 gram per megajoule) for in-use 
testing, as measured under transient operating conditions.
    (ii) For all other diesel engines only, 0.10 gram per brake 
horsepower-hour (0.037 gram per megajoule), as measured under transient 
operating conditions.
    (iii) A manufacturer may elect to include any or all of its diesel 
heavy-duty engine families in any or all of the particulate averaging, 
trading, or banking programs for heavy-duty engines, within the 
restrictions described in Sec. 86.094-15. If the manufacturer elects to 
include engine families in any of these programs, the particulate FEL 
may not exceed:
    (A) For engine families intended for use in urban buses, 0.25 gram 
per brake horsepower-hour (0.093 gram per megajoule).
    (B) For engine families not intended for use in urban buses, 0.60 
gram per brake horsepower-hour (0.22 gram per megajoule).
    (C) The ceiling values in paragraphs (a)(4)(iii) (A) and (B) of this 
section apply whether credits for the family are derived from averaging, 
trading or banking programs.
    (b)(1) The opacity of smoke emission from new 1996 and later model 
year diesel heavy-duty engine shall not exceed:
    (i) 20 percent during the engine acceleration mode.
    (ii) 15 percent during the engine lugging mode.
    (iii) 50 percent during the peaks in either mode.
    (2) The standards set forth in paragraph (b)(1) of this section 
refer to exhaust smoke emissions generated

[[Page 465]]

under the conditions set forth in subpart I of this part and measured 
and calculated in accordance with these procedures.
    (3) Evaporative emissions (total of non-oxygenated hydrocarbons plus 
methanol) from 1996 and later model year heavy-duty vehicles equipped 
with methanol-fueled diesel engines shall not exceed:
    (i) For vehicles with a Gross Vehicle Weight Rating of up to 14,000 
lbs, 3.0 grams per test.
    (ii) For vehicles with a Gross Vehicle Weight Rating of greater than 
14,000 lbs, 4.0 grams per test.
    (4) Evaporative emissions from 1996 and later model year heavy-duty 
vehicles equipped with natural gas-fueled or liquefied petroleum gas-
fueled heavy-duty engines shall not exceed the following standards. The 
standards apply equally to certification and in-use vehicles.
    (i) For vehicles with a Gross Vehicle Weight Rating of up to 14,000 
pounds for the full three-diurnal test sequence described in Sec. 
86.1230-96, diurnal plus hot soak measurements: 3.0 grams per test.
    (ii) For vehicles with a Gross Vehicle Weight Rating of greater than 
14,000 pounds for the full three-diurnal test sequence described in 
Sec. 86.1230-96, diurnal plus hot soak measurements: 4.0 grams per 
test.
    (5)(i) For vehicles with a Gross Vehicle Weight Rating of up to 
26,000 lbs, the standards set forth in paragraphs (b)(3) and (b)(4) of 
this section refer to a composite sample of evaporative emissions 
collected under the conditions and measured in accordance with the 
procedures set forth in subpart M of this part. For certification 
vehicles only, manufacturers may conduct testing to quantify a level of 
nonfuel background emissions for an individual test vehicle. Such a 
demonstration must include a description of the source(s) of emissions 
and an estimated decay rate. The demonstrated level of nonfuel 
background emissions may be subtracted from emission test results from 
certification vehicles if approved in advance by the Administrator.
    (ii) For vehicles with a Gross Vehicle Weight Rating greater than 
26,000 pounds, the standards set forth in paragraphs (b)(3)(ii) and 
(b)(4)(ii) of this section refer to the manufacturer's engineering 
design evaluation using good engineering practice (a statement of which 
is required in Sec. 86.091-23(b)(4)(ii)).
    (c) No crankcase emissions shall be discharged into the ambient 
atmosphere from any new 1996 or later model year methanol-or gaseous-
fueled diesel, or any naturally aspirated diesel heavy-duty engine. For 
petroleum-fueled engines only, this provision does not apply to engines 
using turbochargers, pumps, blowers, or superchargers for air induction. 
This provision is optional for all 1996 model year gaseous-fueled diesel 
heavy-duty engines, and for 1997 model year gaseous-fueled diesel heavy-
duty engines using turbochargers, pumps, blowers or superchargers for 
air induction.
    (d) Every manufacturer of new motor vehicle engines subject to the 
standards prescribed in this section shall, prior to taking any of the 
actions specified in section 203(a)(1) of the Act, test or cause to be 
tested motor vehicle engines in accordance with applicable procedures in 
subpart I or N of this part to ascertain that such test engines meet the 
requirements of paragraphs (a), (b), (c), and (d) of this section.

[58 FR 15799, Mar. 24, 1993, as amended at 59 FR 48500, Sept. 21, 1994; 
60 FR 43887, Aug. 23, 1995; 62 FR 47120, Sept. 5, 1997]



Sec. 86.096-14  Small-volume manufacturer certification procedures.

    Section 86.096-14 includes text that specifies requirements that 
differ from those specified in Sec. Sec. 86.094-14 and 86.095-14. Where 
a paragraph in Sec. 86.094-14 or Sec. 86.095-14 is identical and 
applicable to Sec. 86.096-14, this may be indicated by specifying the 
corresponding paragraph and the statement ``[Reserved]. For guidance see 
Sec. 86.094-14'' or ``[Reserved]. For guidance see Sec. 86.095-14.'' 
Where a corresponding paragraph of Sec. 86.094-14 or Sec. 86.095-14 is 
not applicable, this is indicated by the statement ``[Reserved].''
    (a)-(c)(11)(ii)(B)(15) [Reserved]. For guidance see Sec. 86.094-14.
    (c)(11)(ii)(B)(16)-(c)(11)(ii)(B)(18) [Reserved]. For guidance see 
Sec. 86.095-14.
    (c)(11)(ii)(B)(19) For each light-duty vehicle, light-duty truck, or 
heavy-

[[Page 466]]

duty vehicle evaporative emission family, a description of any unique 
procedures required to perform evaporative emission tests (including 
canister working capacity, canister bed volume, and fuel temperature 
profile for the running loss test) for all vehicles in that evaporative 
emission family, and a description of the method used to develop those 
unique procedures.
    (20) For each light-duty vehicle, light-duty truck, or heavy-duty 
vehicle evaporative emission family:
    (i) Canister working capacity, according to the procedures specified 
in Sec. 86.132-96(h)(1)(iv);
    (ii) Canister bed volume; and
    (iii) Fuel temperature profile for the running loss test, according 
to the procedures specified in Sec. 86.129-94(d).
    (c)(11)(ii)(C)-(c)(11)(ii)(D)(5) [Reserved]. For guidance see Sec. 
86.095-14.
    (c)(11)(ii)(D)(6) [Reserved]
    (c)(11)(ii)(D)(7)-(c)(15) [Reserved]. For guidance see Sec. 86.094-
14.

[58 FR 16023, Mar. 24, 1993]



Sec. 86.096-21  Application for certification.

    Section 86.096-21 includes text that specifies requirements that 
differ from Sec. 86.094-21. Where a paragraph in Sec. 86.094-21 is 
identical and applicable to Sec. 86.096-21, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.094-21.''
    (a)-(b)(8) [Reserved]. For guidance see Sec. 86.094-21.
    (b)(9) For each light-duty vehicle, light-duty truck, or heavy-duty 
vehicle evaporative emission family, a description of any unique 
procedures required to perform evaporative emission tests (including 
canister working capacity, canister bed volume, and fuel temperature 
profile for the running loss test) for all vehicles in that evaporative 
emission family, and a description of the method used to develop those 
unique procedures.
    (10) For each light-duty vehicle, light-duty truck, or heavy-duty 
vehicle evaporative emission family:
    (i) Canister working capacity, according to the procedures specified 
in Sec. 86.132-96(h)(1)(iv);
    (ii) Canister bed volume; and
    (iii) Fuel temperature profile for the running loss test, according 
to the procedures specified in Sec. 86.129-94(d).
    (c)-(j) [Reserved]. For guidance see Sec. 86.094-21.
    (k) For light-duty vehicles and light-duty trucks, a manufacturer 
with an engine family that cannot be appropriately tested on all 
Certification Short Test emission test procedures described in Sec. 
86.1439 of this part may request an exemption, as described in Sec. 
86.1427 (d), from the inappropriate test(s) for purposes of 
demonstrating compliance with the Certification Short Test as described 
in subpart O of this part.
    (l) For light-duty vehicles and light-duty trucks, a manufacturer 
with an engine family that can be appropriately tested on none of the 
Certification Short Test emission test procedures described in Sec. 
86.1439 of this part may request an alternative procedure as described 
in Sec. 86.1427 (d).

[58 FR 16023, Mar. 24, 1993, as amended at 58 FR 34536, June 28, 1993; 
58 FR 58417, Nov. 1, 1993; 59 FR 33913, July 1, 1994; 60 FR 34335, June 
30, 1995]



Sec. 86.096-23  Required data.

    Section 86.096-23 includes text that specifies requirements that 
differ from those specified in Sec. 86.095-23. Where a paragraph in 
Sec. 86.095-23 is identical and applicable to Sec. 86.096-23, this may 
be indicated by specifying the corresponding paragraph and the statement 
``[Reserved]''. For guidance see Sec. 86.095-23.
    (a)-(l) [Reserved]. For guidance see Sec. 86.095-23.
    (m) Additionally, except for small-volume manufacturers, 
manufacturers certifying vehicles shall submit for each model year 1996 
through 1998 light-duty vehicle, light-duty truck, and gasoline-fueled 
heavy-duty vehicle evaporative family:
    (1) In the application for certification the projected sales volume 
of evaporative families certifying to the respective evaporative test 
procedure and accompanying standards as set forth or otherwise 
referenced in Sec. Sec. 86.090-8, 86.090-9, and 86.091-10 or those set 
forth or otherwise referenced in Sec. Sec. 86.096-8,

[[Page 467]]

86.096-9, and 86.096-10. Volume projected to be produced for U.S. sale 
may be used in lieu of projected U.S. sales.
    (2) End-of-year reports for each evaporative family.
    (i) These end-of-year reports shall be submitted within 90 days of 
the end of the model year to: Director, Manufacturers Operations 
Division (6405J), U.S. Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460.
    (ii) These reports shall indicate the model year, evaporative family 
and the actual U.S. sales volume. The manufacturer may petition the 
Administrator to allow volume produced for U.S. sale to be used in lieu 
of U.S. sales. Such petition shall be submitted within 30 days of the 
end of the model year to the Manufacturers Operations Division. For the 
petition to be granted, the manufacturer must establish to the 
satisfaction of the Administrator that production volume is functionally 
equivalent to sales volume.
    (iii) The U.S. sales volume for end-of-year reports shall be based 
on the location of the point of sale to a dealer, distributor, fleet 
operator, broker, or any other entity that comprises the point of first 
sale.
    (iv) Failure by a manufacturer to submit the end-of-year report 
within the specified time may result in certificate(s) for the 
evaporative family(ies) certified to the certification standards set 
forth in Sec. Sec. 86.090-8, 86.090-9, and 86.091-10 being voided ab 
initio plus any applicable civil penalties for failure to submit the 
required information to the Agency.
    (v) The information shall be organized in such a way as to allow the 
Administrator to determine compliance with the Evaporative Emission 
Testing implementation schedules of Sec. Sec. 86.096-8, 86.096-9, and 
86.096-10.

[58 FR 16023, Mar. 24, 1993, as amended at 58 FR 66297, Dec. 20, 1993]



Sec. 86.096-24  Test vehicles and engines.

    (a) General. This paragraph applies to the grouping of vehicles or 
engines into families.
    (1) The vehicles or engines covered by an application for 
certification will be divided into groupings of engines which are 
expected to have similar emission characteristics throughout their 
useful life. Each group of engines with similar emission characteristics 
is defined as a separate engine family.
    (2) To be classed in the same engine family, engines must be 
identical in all the respects listed in paragraphs (a)(2) (i) through 
(x) of this section.
    (i) The cylinder bore center-to-center dimensions.
    (ii)-(iii) [Reserved]
    (iv) The cylinder block configuration (air-cooled or water-cooled: 
L-6, 90 deg., V-8, and so forth).
    (v) The location of the intake and exhaust valves (or ports).
    (vi) The method of air aspiration.
    (vii) The combustion cycle.
    (viii) Catalytic converter characteristics.
    (ix) Thermal reactor characteristics.
    (x) Type of air inlet cooler (for example, intercoolers and after-
coolers) for diesel heavy-duty engines.
    (3)(i) Engines identical in all the respects listed in paragraph 
(a)(2) of this section may be further divided into different engine 
families if the Administrator determines that they may be expected to 
have different emission characteristics. This determination will be 
based upon a consideration of the features of each engine listed in 
paragraphs (a)(3)(i) (A) through (G) of this section.
    (A) The bore and stroke.
    (B) The surface-to-volume ratio of the nominally dimensioned 
cylinder at the top dead center positions.
    (C) The intake manifold induction port sizes and configuration.
    (D) The exhaust manifold port size and configuration.
    (E) The intake and exhaust valve sizes.
    (F) The fuel system.
    (G) The camshaft timing and ignition or injection timing 
characteristics.
    (ii) Light-duty trucks and heavy-duty engines produced in different 
model years and distinguishable in the respects listed in paragraph 
(a)(2) of this section are treated as belonging to a single engine 
family if the Administrator requires it, after determining that the 
engines may be expected to have similar emission deterioration 
characteristics.

[[Page 468]]

    (4) Where engines are of a type which cannot be divided into engine 
families based upon the criteria listed in paragraphs (a)(2) and (3) of 
this section, the Administrator establishes families for those engines 
based upon those features most related to their emission 
characteristics. Engines that are eligible to be included in the same 
engine family based on the criteria in paragraphs (a)(2) and (a)(3)(i) 
of this section may be further divided into different engine families if 
the manufacturer determines that they may be expected to have different 
emission characteristics. This determination will be based upon a 
consideration of the features of each engine listed in paragraphs (a)(4) 
(i) through (iii) of this section.
    (i) The dimension from the center line of the crankshaft to the 
center line of the camshaft.
    (ii) The dimension from the center line of the crankshaft to the top 
of the cylinder block head face.
    (iii) The size of the intake and exhaust valves (or ports).
    (5) The gasoline-fueled and methanol-fueled light-duty vehicles and 
light-duty trucks covered by an application for certification will be 
divided into groupings which are expected to have similar evaporative 
emission characteristics throughout their useful life. Each group of 
vehicles with similar evaporative emission characteristics must be 
defined as a separate evaporative emission family.
    (6) For gasoline-fueled or methanol-fueled light-duty vehicles and 
light-duty trucks to be classed in the same evaporative emission family, 
vehicles must be similar with respect to the items listed in paragraphs 
(a)(6) (i) through (iii) of this section.
    (i) Type of vapor storage device (for example, canister, air 
cleaner, crankcase).
    (ii) Basic canister design.
    (iii) Fuel system.
    (7) Where vehicles are of a type which cannot be divided into 
evaporative emission families based on the criteria listed in paragraph 
(a)(2) of this section, the Administrator establishes families for those 
vehicles based upon the features most related to their evaporative 
emission characteristics.
    (8)(i) If the manufacturer elects to participate in the Production 
AMA Durability Program, the engine families covered by an application 
for certification must be grouped based upon similar engine design and 
emission control system characteristics. Each of these groups constitute 
a separate engine family group.
    (ii) To be classed in the same engine family group, engine families 
must contain engines identical in all of the respects listed in 
paragraphs (a)(8)(ii) (A) through (D) of this section.
    (A) The combustion cycle.
    (B) The cylinder block configuration (air-cooled or water-cooled: L-
6, V-8, rotary, etc.).
    (C) Displacement (engines of different displacement within 50 cubic 
inches or 15 percent of the largest displacement and contained within a 
multidisplacement engine family will be included in the same engine 
family group).
    (D) Catalytic converter usage and basic type (non-catalyst, 
oxidation catalyst only, three-way catalyst equipped).
    (9) Engine families identical in all respects listed in paragraph 
(a)(8) of this section may be further divided into different engine 
family groups if the Administrator determines that they are expected to 
have significantly different exhaust emission control system 
deterioration characteristics.
    (10) A manufacturer may request the Administrator to include in an 
engine family group engine families in addition to those grouped under 
the provisions of paragraph (a)(8) of this section. This request must be 
accompanied by information the manufacturer believes supports the 
inclusion of these additional engine families.
    (11) A manufacturer may combine into a single engine family group 
those light-duty vehicle and light-duty truck engine families which 
otherwise meet the requirements of paragraphs (a) (8) through (10) of 
this section.
    (12) Those vehicles covered by an application for certification 
which are equipped with gasoline-fueled or methanol-fueled heavy-duty 
engines will be divided into groupings of vehicles on the basis of 
physical features which are

[[Page 469]]

expected to affect evaporative emissions. Each group of vehicles with 
similar features must be defined as a separate evaporative emission 
family.
    (13) For gasoline-fueled or methanol-fueled heavy-duty vehicles to 
be classified in the same evaporative emission family, vehicles must be 
identical with respect to the items listed in paragraphs (a)(13) (i) and 
(ii) of this section.
    (i) Method of fuel/air metering (that is, carburetion versus fuel 
injection).
    (ii) Carburetor bowl fuel volume, within a 10 cc range.
    (14) For vehicles equipped with gasoline-fueled or methanol-fueled 
heavy-duty engines to be classified in the same evaporative emission 
control system, vehicles must be identical with respect to the items 
listed in paragraphs (a)(14) (i) through (ix) of this section.
    (i) Method of vapor storage.
    (ii) Method of carburetor sealing.
    (iii) Method of air cleaner sealing.
    (iv) Vapor storage working capacity, within a 20g range.
    (v) Number of storage devices.
    (vi) Method of purging stored vapors.
    (vii) Method of venting the carburetor during both engine off and 
engine operation.
    (viii) Liquid fuel hose material.
    (ix) Vapor storage material.
    (15) Where vehicles equipped with gasoline-fueled or methanol-fueled 
heavy-duty engines are types which cannot be divided into evaporative 
emission family-control system combinations based on the criteria listed 
above, the Administrator establishes evaporative emission family-control 
system combinations for those vehicles based on features most related to 
their evaporative emission characteristics.
    (b) Emission data--(1) Light-duty vehicles and light-duty trucks. 
This paragraph applies to light-duty vehicle and light-duty truck 
emission data vehicles.
    (i) Vehicles are chosen to be operated and tested for emission data 
based upon engine family groupings. Within each engine family, one test 
vehicle is selected. The Administrator selects as the test vehicle the 
vehicle with the heaviest equivalent test weight (including options) 
within the family. If more than one vehicle meets this criterion, then 
within that vehicle grouping, the Administrator selects, in the order 
listed, the highest road-load power, largest displacement, the 
transmission with the highest numerical final gear ratio (including 
overdrive), the highest numerical axle ratio offered in that engine 
family, and the maximum fuel flow calibration.
    (ii) The Administrator selects one additional test vehicle from 
within each engine family. The additional vehicle selected is the 
vehicle expected to exhibit the highest emissions of those vehicles 
remaining in the engine family. If all vehicles within the engine family 
are similar, the Administrator may waive the requirements of this 
paragraph.
    (iii) Within an engine family and exhaust emission control system, 
the manufacturer may alter any emission data vehicle (or other vehicles 
such as current or previous model year emission data vehicles, fuel 
economy data vehicles, and development vehicles provided they meet 
emission data vehicles' protocol) to represent more than one selection 
under paragraph (b)(1) (i), (ii), (iv), or (vii) of this section.
    (iv) If the vehicles selected in accordance with paragraphs (b)(1) 
(i) and (ii) of this section do not represent each engine-system 
combination, then one vehicle of each engine-system combination not 
represented will be selected by the Administrator. The vehicle selected 
is the vehicle expected to exhibit the highest emissions of those 
vehicles remaining in the engine family.
    (v) For high-altitude exhaust emission compliance for each engine 
family, the manufacturer must follow one of the procedures described in 
paragraphs (b)(1)(v) (A) and (B) of this section.
    (A) The manufacturer must select for testing under high-altitude 
conditions the vehicle expected to exhibit the highest emissions from 
the nonexempt vehicles selected in accordance with Sec. 86.096-24(b)(1) 
(ii), (iii), and (iv); or
    (B) In lieu of testing vehicles according to paragraph (b)(1)(v)(A) 
of this section, a manufacturer may provide a statement in its 
application for certification that, based on the manufacturer's 
engineering evaluation of such high-altitude emission testing as the

[[Page 470]]

manufacturer deems appropriate, all light-duty vehicles and light-duty 
trucks not exempt under Sec. 86.090-8(h) or Sec. 86.094-9(h) comply 
with the emission standards at high altitude.
    (vi) If 90 percent or more of the engine family sales will be in 
California, a manufacturer may substitute emission data vehicles 
selected by the California Air Resources Board criteria for the 
selections specified in Sec. 86.096-24(b)(1) (i), (ii), and (iv).
    (vii)(A) Vehicles of each evaporative emission family are divided 
into evaporative emission control systems.
    (B) The Administrator selects the vehicle expected to exhibit the 
highest evaporative emissions from within each evaporative family to be 
certified. This vehicle is selected from among the vehicles represented 
by the exhaust emission data selections for the engine family, unless 
evaporative testing has already been completed on the vehicle expected 
to exhibit the highest evaporative emissions for the evaporative family 
as part of another engine family's testing.
    (C) If the vehicles selected in accordance with paragraph 
(b)(1)(vii)(B) of this section do not represent each evaporative 
emission control system then the Administrator selects the highest 
expected evaporative emission vehicle from within the unrepresented 
evaporative system.
    (viii) For high-altitude evaporative emission compliance for each 
evaporative emission family, the manufacturer must follow one of the 
procedures listed in paragraphs (b)(1)(viii) (A) and (B) of this 
section.
    (A) The manufacturer will select for testing under high-altitude 
conditions the one nonexempt vehicle previously selected under paragraph 
(b)(1)(vii) (B) or (C) of this section which is expected to have the 
highest level of evaporative emissions when operated at high altitude; 
or
    (B) In lieu of testing vehicles according to Sec. 86.096-
24(b)(1)(viii)(A), a manufacturer may provide a statement in its 
application for certification that, based on the manufacturer's 
engineering evaluation of such high-altitude emission testing as the 
manufacturer deems appropriate, all light-duty vehicles and light-duty 
trucks not exempt under Sec. 86.090-8(h) or Sec. 86.094-9(h) comply 
with the emission standards at high altitude.
    (ix) Vehicles selected under paragraph (b)(1)(v)(A) of this section 
may be used to satisfy the requirements of paragraph (b)(1)(viii)(A) of 
this section.
    (x) [Reserved]
    (xi) For cold temperature CO exhaust emission compliance for each 
engine family, the Administrator will select for testing the vehicle 
expected to emit the highest emissions from the vehicles selected in 
accordance with paragraphs (b)(1) (i), (ii), (iii), and (iv) of this 
section. This vehicle is tested by the manufacturer in accordance with 
the test procedures in subpart C of this part or with alternative 
procedures requested by the manufacturer and approved in advance by the 
Administrator.
    (xii) For CST exhaust emission compliance for each engine family, 
the Administrator will select for testing one vehicle from among the 
vehicles selected in accordance with paragraphs (b)(1) (i) through (iv) 
of this section. This vehicle is tested by the manufacturer in 
accordance with the test procedures set forth in subpart O of this part.
    (2) Otto-cycle heavy-duty emission data engines. This paragraph 
applies to Otto-cycle heavy-duty emission data engines.
    (i)-(ii) [Reserved]
    (iii) The Administrator selects a maximum of two engines within each 
engine family based upon features indicating that they may have the 
highest emission levels of the engines in the engine family in 
accordance with the criteria described in paragraphs (b)(2)(iii) (A) and 
(B) of this section.
    (A) The Administrator selects one emission data engine first based 
on the largest displacement within the engine family. Then from those 
within the largest displacement the Administrator selects, in the order 
listed, the engine with the highest fuel flow at the speed of maximum 
rated torque, with the most advanced spark timing, with no EGR or lowest 
EGR flow, and with no air pump or with the lowest actual flow air pump.
    (B) The Administrator selects one additional engine from within each 
engine family. The engine selected is the

[[Page 471]]

engine expected to exhibit the highest emissions of those engines 
remaining in the engine family. If all engines within the engine family 
are similar, the Administrator may waive the requirements of this 
paragraph.
    (iv) If the engines selected in accordance with paragraph 
(b)(2)(iii) of this section do not represent each engine displacement-
exhaust emission control system combination, then the Administrator 
selects one engine of each engine displacement-exhaust emission control 
system combination not represented.
    (v) Within an engine family/displacement/control system combination, 
the manufacturer may alter any emission data engine (or other engine 
including current or previous model year emission data engines and 
development engines provided they meet the emission data engines' 
protocol) to represent more than one selection under paragraph 
(b)(2)(iii) of this section.
    (3) Diesel heavy-duty emission data engines. This paragraph applies 
to diesel-cycle heavy-duty emission data engines.
    (i) Engines will be chosen to be run for emission data based upon 
engine family groupings. Within each engine family, the requirements of 
paragraphs (b)(3) (i) through (iv) of this section must be met.
    (ii) Engines of each engine family will be divided into groups based 
upon their exhaust emission control systems. One engine of each engine 
system combination must be run for smoke emission data and gaseous 
emission data. Either the complete gaseous emission test or the complete 
smoke test may be conducted first. Within each combination, the engine 
that features the highest fuel feed per stroke, primarily at the speed 
of maximum rated torque and secondarily at rated speed, will usually be 
selected. If there are military engines with higher fuel rates than 
other engines in the same engine system combinations, then one military 
engine is also selected. The engine with the highest fuel feed per 
stroke is usually the one selected.
    (iii) The Administrator may select a maximum of one additional 
engine within each engine-system combination based upon features 
indicating that it may have the highest emission levels of the engines 
of that combination. In selecting this engine, the Administrator will 
consider such features as the injection system, fuel system, compression 
ratio, rated speed, rated horsepower, peak torque speed, and peak 
torque.
    (iv) Within an engine family control system combination, the 
manufacturer may alter any emission data engine (or other engine 
including current or previous model year emission data engines and 
development engines provided they meet the emission data engines' 
protocol) to represent more than one selection under paragraphs (b)(3) 
(ii) and (iii) of this section.
    (c) Durability data--(1) Light-duty vehicle durability data 
vehicles. This paragraph applies to light-duty vehicle durability data 
vehicles.
    (i) A durability data vehicle is selected by the Administrator to 
represent each engine-system combination. The vehicle selected must be 
of the engine displacement with the largest projected sales volume of 
vehicles with that control-system combination in that engine family and 
is designated by the Administrator as to transmission type, fuel system, 
inertia weight class, and test weight.
    (ii) A manufacturer may elect to operate and test additional 
vehicles to represent any engine-system combination. The additional 
vehicles must be of the same engine displacement, transmission type, 
fuel system, and inertia weight class as the vehicle selected for that 
engine-system combination in accordance with the provisions of paragraph 
(c)(1)(i) of this section. Notice of an intent to operate and test 
additional vehicles must be given to the Administrator no later than 30 
days following notification of the test fleet selection.
    (2) Light-duty trucks. This paragraph applies to vehicles, engines, 
subsystems, or components used to establish exhaust emission 
deterioration factors for light-duty trucks.
    (i) The manufacturer must select the vehicles, engines, subsystems, 
or components to be used to determine exhaust emission deterioration 
factors for each engine-family control system combination. Whether 
vehicles, engines, subsystems, or components are

[[Page 472]]

used, they must be selected so that their emission deterioration 
characteristics may be expected to represent those of in-use vehicles, 
based on good engineering judgment.
    (ii) [Reserved]
    (3) Heavy-duty engines. This paragraph applies to engines, 
subsystems, or components used to establish exhaust emission 
deterioration factors for heavy-duty engines.
    (i) The manufacturer must select the engines, subsystems, or 
components to be used to determine exhaust emission deterioration 
factors for each engine-family control system combination. Whether 
engines, subsystems, or components are used, they must be selected so 
that their emission deterioration characteristics may be expected to 
represent those of in-use engines, based on good engineering judgment.
    (ii) [Reserved]
    (d) For purposes of testing under Sec. 86.094-26 (a)(9) or (b)(11), 
the Administrator may require additional emission data vehicles (or 
emission data engines) and durability data vehicles (light-duty vehicles 
only) identical in all material respects to vehicles (or engines) 
selected in accordance with paragraphs (b) and (c) of this section, 
provided that the number of vehicles (or engines) selected may not 
increase the size of either the emission data fleet or the durability 
data fleet by more than 20 percent or one vehicle (or engine), whichever 
is greater.
    (e)(1) [Reserved]
    (2) Any manufacturer may request to certify engine families with 
combined total sales of fewer than 10,000 light-duty vehicles, light-
duty trucks, heavy-duty vehicles, and heavy-duty engines utilizing the 
procedures contained in Sec. 86.094-14 for emission data vehicle 
selection and determination of deterioration factors. The deterioration 
factors are applied only to entire engine families.
    (f) Carryover and carryacross of durability and emission data. In 
lieu of testing an emission data or durability data vehicle (or engine) 
selected under paragraph (b) or (c) of this section, and submitting data 
therefore, a manufacturer may, with the prior written approval of the 
Administrator, submit exhaust emission data and/or evaporative emission 
data, as applicable on a similar vehicle (or engine) for which 
certification has previously been obtained or for which all applicable 
data required under Sec. 86.096-23 has previously been submitted.
    (g) This paragraph applies to light-duty vehicles and light-duty 
trucks, but does not apply to the production vehicles selected under 
paragraph (h) of this section.
    (1)(i) Where it is expected that more than 33 percent of a carline, 
within an engine-system combination, will be equipped with an item 
(whether that item is standard equipment or an option), the full 
estimated weight of that item must be included in the curb weight 
computation for each vehicle available with that item in that carline, 
within that engine-system combination.
    (ii) Where it is expected that 33 percent or less of the carline, 
within an engine-system combination, will be equipped with an item 
(whether that item is standard equipment or an option), no weight for 
that item will be added in computing the curb weight for any vehicle in 
that carline, within that engine-system combination, unless that item is 
standard equipment on the vehicle.
    (iii) In the case of mutually exclusive options, only the weight of 
the heavier option will be added in computing the curb weight.
    (iv) Optional equipment weighing less than three pounds per item 
need not be considered.
    (2)(i) Where it is expected that more than 33 percent of a carline, 
within an engine-system combination, will be equipped with an item 
(whether that item is standard equipment or an option) that can 
reasonably be expected to influence emissions, then such items must 
actually be installed (unless excluded under paragraph (g)(2)(ii) of 
this section) on all emission data and durability data vehicles of that 
carline, within that engine-system combination, on which the items are 
intended to be offered in production. Items that can reasonably be 
expected to influence emissions are: air conditioning, power steering, 
power brakes, and other items determined by the Administrator.

[[Page 473]]

    (ii) If the manufacturer determines by test data or engineering 
evaluation that the actual installation of the optional equipment 
required by paragraph (g)(2)(i) of this section does not affect the 
emissions or fuel economy values, the optional equipment need not be 
installed on the test vehicle.
    (iii) The weight of the options must be included in the design curb 
weight and must also be represented in the weight of the test vehicles.
    (iv) The engineering evaluation, including any test data, used to 
support the deletion of optional equipment from test vehicles, must be 
maintained by the manufacturer and be made available to the 
Administrator upon request.
    (3) Where it is expected that 33 percent or less of a carline, 
within an engine-system combination, will be equipped with an item 
(whether that item is standard equipment or an option) that can 
reasonably be expected to influence emissions, that item may not be 
installed on any emission data vehicle or durability data vehicle of 
that carline, within that engine-system combination, unless that item is 
standard equipment on that vehicle or specifically required by the 
Administrator.
    (h) Production AMA Durability Program durability data vehicles. This 
paragraph applies to light-duty vehicle durability data vehicles 
selected under the Production AMA Durability Program described in Sec. 
86.094-13.
    (1) In order to update the durability data to be used to determine a 
deterioration factor for each engine family group, the Administrator 
will select durability data vehicles from the manufacturer's production 
line. Production vehicles will be selected from each model year's 
production for those vehicles certified using the Production AMA 
Durability Program procedures.
    (i) The Administrator selects the production durability data vehicle 
designs from the designs that the manufacturer offers for sale. For each 
model year and for each engine family group, the Administrator may 
select production durability data vehicle designs of equal number to the 
number of engine families within the engine family group, up to a 
maximum of three vehicles.
    (ii) The production durability data vehicles representing the 
designs selected in paragraph (h)(1)(i) of this section are randomly 
selected from the manufacturer's production. The Administrator makes 
these random selections unless the manufacturer (with prior approval of 
the Administrator) elects to make the random selections.
    (iii) The manufacturer may select additional production durability 
data vehicle designs from within the engine family group. The production 
durability data vehicles representing these designs must be randomly 
selected from the manufacturer's production in accordance with paragraph 
(h)(1)(ii) of this section.
    (iv) For each production durability data vehicle selected under 
paragraph (h)(1) of this section, the manufacturer must provide to the 
Administrator (before the vehicle is tested or begins service 
accumulation) the vehicle identification number. Before the vehicle 
begins service accumulation the manufacturer must also provide the 
Administrator with a description of the durability data vehicle as 
specified by the Administrator.
    (v) In lieu of testing a production durability data vehicle selected 
under paragraph (h)(1) of this section, and submitting data therefrom, a 
manufacturer may, with the prior written approval of the Administrator, 
submit exhaust emission data from a production vehicle of the same 
configuration for which all applicable data has previously been 
submitted.
    (2) If, within an existing engine family group, a manufacturer 
requests to certify vehicles of a new design, engine family, emission 
control system, or with any other durability-related design difference, 
the Administrator determines if the existing engine family group 
deterioration factor is appropriate for the new design. If the 
Administrator cannot make this determination or deems the deterioration 
factor not appropriate, the Administrator selects preproduction 
durability data vehicles under the provisions of paragraph (c) of this 
section. If vehicles are then certified using the new design, the 
Administrator may select production

[[Page 474]]

vehicles with the new design under the provisions of paragraph (h)(1) of 
this section.
    (3) If a manufacturer requests to certify vehicles of a new design 
that the Administrator determines are a new engine family group, the 
Administrator selects preproduction durability data vehicles under the 
provisions of paragraph (c) of this section. If vehicles are then 
certified using the new design, the Administrator may select production 
vehicles of that design under the provisions of paragraph (h)(1) of this 
section.

[58 FR 58417, Nov. 1, 1993]



Sec. 86.096-26  Mileage and service accumulation; emission 
measurements.

    Section 86.096-26 includes text that specifies requirements that 
differ from those specified in Sec. Sec. 86.094-26 and 86.095-26. Where 
a paragraph in Sec. 86.094-26 or Sec. 86.095-26 is identical and 
applicable to Sec. 86.096-26, this may be indicated by specifying the 
corresponding paragraph and the statement ``[Reserved]. For guidance see 
Sec. 86.094-26.'' or ``[Reserved]. For guidance see Sec. 86.095-26.''
    (a)-(b)(4)(i)(C) [Reserved]. For guidance see Sec. 86.094-26.
    (b)(4)(i)(D)-(b)(4)(ii)(D) [Reserved]. For guidance see Sec. 
86.095-26.
    (b)(4)(iii)-(c)(3) [Reserved]. For guidance see Sec. 86.094-26.
    (c)(4) The manufacturer shall determine, for each engine family, the 
number of hours at which the engine system combination is stabilized for 
emission-data testing. The manufacturer shall maintain, and provide to 
the Administrator if requested, a record of the rationale used in making 
this determination. The manufacturer may elect to accumulate 125 hours 
on each test engine within an engine family without making a 
determination. Any engine used to represent emission-data engine 
selections under Sec. 86.094-24(b)(2) shall be equipped with an engine 
system combination that has accumulated at least the number of hours 
determined under this paragraph. Complete exhaust emission tests shall 
be conducted for each emission-data engine selection under Sec. 86.094-
24(b)(2). Evaporative emission controls must be connected, as described 
in Sec. 86.1337-96(a)(1). The Administrator may determine under Sec. 
86.094-24(f) that no testing is required.
    (d) [Reserved]. For guidance see Sec. 86.094-26.

[58 FR 16024, Mar. 24, 1993]



Sec. 86.096-30  Certification.

    Section 86.096-30 includes text that specifies requirements that 
differ from those specified in Sec. Sec. 86.094-30 and 86.095-30. Where 
a paragraph in Sec. 86.094-30 or Sec. 86.095-30 is identical and 
applicable to Sec. 86.096-30, this may be indicated by specifying the 
corresponding paragraph and the statement ``[Reserved]. For guidance see 
Sec. 86.094-30.'' or ``[Reserved]. For guidance see Sec. 86.095-30.''
    (a)(1)(i)-(a)(2) [Reserved]. For guidance see Sec. 86.094-30.
    (a)(3)(i)-(a)(4)(iii) introductory text [Reserved]. For guidance see 
Sec. 86.095-30.
    (a)(4)(iii)(A)-(a)(4)(iii)(C) [Reserved]. For guidance see Sec. 
86.094-30.
    (a)(4)(iv) introductory text [Reserved]. For guidance see Sec. 
86.095-30.
    (a)(4)(iv)(A)-(a)(12) [Reserved]. For guidance see Sec. 86.094-30.
    (a)(13) [Reserved]. For guidance see Sec. 86.095-30.
    (a)(14) [Reserved]. For guidance see Sec. 86.094-30.
    (a)(15) For all light-duty vehicles certified to evaporative test 
procedures and accompanying standards specified under Sec. 86.096-8:
    (i) All certificates issued are conditional upon the manufacturer 
complying with all provisions of Sec. 86.096-8 both during and after 
model year production.
    (ii) Failure to meet the required implementation schedule sales 
percentages as specified in Sec. 86.096-8 will be considered to be a 
failure to satisfy the conditions upon which the certificate was issued 
and the vehicles sold in violation of the implementation schedule shall 
not be covered by the certificate.
    (iii) The manufacturer shall bear the burden of establishing to the 
satisfaction of the Administrator that the conditions upon which the 
certificate was issued were satisfied.
    (16) For all light-duty trucks certified to evaporative test 
procedures and accompanying standards specified under Sec. 86.096-9:

[[Page 475]]

    (i) All certificates issued are conditional upon the manufacturer 
complying with all provisions of Sec. 86.096-9 both during and after 
model year production.
    (ii) Failure to meet the required implementation schedule sales 
percentages as specified in Sec. 86.096-9 will be considered to be a 
failure to satisfy the conditions upon which the certificate was issued 
and the vehicles sold in violation of the implementation schedule shall 
not be covered by the certificate.
    (iii) The manufacturer shall bear the burden of establishing to the 
satisfaction of the Administrator that the conditions upon which the 
certificate was issued were satisfied.
    (17) For all heavy-duty vehicles certified to evaporative test 
procedures and accompanying standards specified under Sec. 86.096-10:
    (i) All certificates issued are conditional upon the manufacturer 
complying with all provisions of Sec. 86.096-10 both during and after 
model year production.
    (ii) Failure to meet the required implementation schedule sales 
percentages as specified in Sec. 86.096-10 will be considered to be a 
failure to satisfy the conditions upon which the certificate was issued 
and the vehicles sold in violation of the implementation schedule shall 
not be covered by the certificate.
    (iii) The manufacturer shall bear the burden of establishing to the 
satisfaction of the Administrator that the conditions upon which the 
certificate was issued were satisfied.
    (18) For all heavy-duty vehicles certified to evaporative test 
procedures and accompanying standards specified under Sec. 86.098-11:
    (i) All certificates issued are conditional upon the manufacturer 
complying with all provisions of Sec. 86.098-11 both during and after 
model year production.
    (ii) Failure to meet the required implementation schedule sales 
percentages as specified in Sec. 86.098-11 will be considered to be a 
failure to satisfy the conditions upon which the certificate was issued 
and the vehicles sold in violation of the implementation schedule shall 
not be covered by the certificate.
    (iii) The manufacturer shall bear the burden of establishing to the 
satisfaction of the Administrator that the conditions upon which the 
certificate was issued were satisfied.
    (19) For all light-duty vehicles and light light-duty trucks 
certified to standards under Sec. Sec. 86.1710 through 86.1712, the 
provisions of paragraphs (a)(19) (i) through (iv) of this section apply.
    (i) All certificates issued are conditional upon manufacturer 
compliance with all provisions of Sec. Sec. 86.1710 through 86.1712 
both during and after model year production.
    (ii) Failure to meet the requirements of Sec. 86.1710 (a) through 
(d) will be considered to be a failure to satisfy the conditions upon 
which the certificate(s) was issued and the vehicles sold in violation 
of the fleet average NMOG standard shall not be covered by the 
certificate.
    (iii) The manufacturer shall bear the burden of establishing to the 
satisfaction of the Administrator that the conditions upon which the 
certificate was issued were satisfied.
    (iv) For recall and warranty purposes, vehicles not covered by a 
certificate because of a violation of this condition of the certificate 
will continue to be held to the standards stated in the certificate that 
would have otherwise applied to the vehicles.
    (20) For all light-duty vehicles and light light-duty trucks 
certified to standards under Sec. Sec. 86.1710 through 86.1712, the 
provisions of paragraphs (a)(20) (i) through (iv) of this section apply.
    (i) All certificates issued are conditional upon manufacturer 
compliance with all provisions of Sec. Sec. 86.1710 through 86.1712 
both during and after model year production.
    (ii) Failure to comply fully with the prohibition against a 
manufacturer selling credits that it has not generated or are not 
available, as specified in Sec. 86.1710(e), will be considered to be a 
failure to satisfy the conditions upon which the certificate(s) was 
issued and the vehicles sold in violation of this prohibition shall not 
be covered by the certificate.

[[Page 476]]

    (iii) The manufacturer shall bear the burden of establishing to the 
satisfaction of the Administrator that the conditions upon which the 
certificate was issued were satisfied.
    (iv) For recall and warranty purposes, vehicles not covered by a 
certificate because of a violation of this condition of the certificate 
will continue to be held to the standards stated in the certificate that 
would have otherwise applied to the vehicles.
    (21) For all light-duty vehicles and light light-duty trucks 
certified to standards under Sec. Sec. 86.1710 through 86.1712, the 
provisions of paragraphs (a)(21) (i) through (iv) of this section apply.
    (i) All certificates issued are conditional upon manufacturer 
compliance with all provisions of Sec. Sec. 86.1710 through 86.1712 
both during and after model year production.
    (ii) Failure to comply fully with the prohibition against offering 
for sale Tier 1 vehicles and TLEVs in the Northeast Trading Region, as 
defined in Sec. 86.1702, after model year 2000 if vehicles with the 
same engine families are not certified and offered for sale in 
California in the same model year, as specified in Sec. 86.1711(a), 
will be considered to be a failure to satisfy the conditions upon which 
the certificate(s) was issued and the vehicles sold in violation of this 
prohibition shall not be covered by the certificate.
    (iii) The manufacturer shall bear the burden of establishing to the 
satisfaction of the Administrator that the conditions upon which the 
certificate was issued were satisfied.
    (iv) For recall and warranty purposes, vehicles not covered by a 
certificate because of a violation of this condition of the certificate 
will continue to be held to the standards stated in the certificate that 
would have otherwise applied to the vehicles.
    (22) [Reserved]
    (23)(i) The Administrator will issue a National LEV certificate of 
conformity for 1999 model year vehicles or engines certified to comply 
with the California TLEV, LEV, or ULEV emission standards.
    (ii) This certificate of conformity shall be granted after the 
Administrator has received and reviewed the California Executive Order a 
manufacturer has received for the same vehicles or engines.
    (iii) Vehicles or engines receiving a certificate of conformity 
under the provisions in this paragraph can only be sold in the states 
included in the NTR, as defined in Sec. 86.1702, and those states where 
the sale of California-certified vehicles is otherwise authorized.
    (24)(i) The Administrator will issue a National LEV certificate of 
conformity for 2000 model year vehicles or engines certified to comply 
with the California TLEV emission standards.
    (ii) This certificate of conformity shall be granted after the 
Administrator has received and reviewed the California Executive Order a 
manufacturer has received for the same vehicles or engines.
    (iii) Vehicles or engines receiving a certificate of conformity 
under the provisions in this paragraph can only be sold in the states 
included in the NTR, as defined in Sec. 86.1702, and those states where 
the sale of California-certified vehicles is otherwise authorized.
    (b)-(f) [Reserved]. For guidance see Sec. 86.094-30.

[58 FR 16024, Mar. 24, 1993, as amended at 58 FR 34536, June 28, 1993; 
62 FR 31233, June 6, 1997; 63 FR 965, Jan. 7, 1998]



Sec. 86.096-35  Labeling.

    Section 86.096-35 includes text that specifies requirements that 
differ from Sec. 86.095-35. Where a paragraph in Sec. 86.095-35 is 
identical and applicable to Sec. 86.096-35, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.095-35.''
    (a) introductory text through (a)(1)(iii)(L) [Reserved]. For 
guidance see Sec. 86.095-35.
    (a)(1)(iii)(M) For model years 1996 through 1998 light-duty 
vehicles, a clear indication of which test procedure was used to certify 
the evaporative family, e.g., ``Evaporative Family xx (Sec. 86.130-96 
procedures)'' or ``Evaporative Family xx (Sec. 86.130-78 procedures).''

[[Page 477]]

    (N)(1) For vehicles exempted from compliance with certain revised 
performance warranty procedures, as specified in Sec. 86.096-21(j), a 
statement indicating the specific performance warranty test(s) of 40 CFR 
part 85, subpart W not to be performed.
    (2) For vehicles exempted from compliance with all revised 
performance warranty procedures, as specified in Sec. 86.096-21(k), a 
statement indicating:
    (i) that none of the performance warranty tests of 40 CFR part 85, 
subpart W is to be performed, and
    (ii) the name of the Administrator-approved alternative test 
procedure to be performed.
    (a)(2) Heading through (a)(2)(iii)(N) [Reserved]. For guidance see 
Sec. 86.095-35.
    (a)(2)(iii)(O) For model years 1996 through 1998 light-duty trucks, 
a clear indication of which test procedure was used to certify the 
evaporative family, e.g., ``Evaporative Family xx (Sec. 86.130-96 
procedures)'' or ``Evaporative Family xx (Sec. 86.130-78 procedures).''
    (P)(1) For vehicles exempted from compliance with certain revised 
performance warranty procedures, as specified in Sec. 86.096-21(j), a 
statement indicating the specific performance warranty test(s) of 40 CFR 
part 85, subpart W not to be performed.
    (2) For vehicles exempted from compliance with all revised 
performance warranty procedures, as specified in Sec. 86.096-21(k), a 
statement indicating:
    (i) that none of the performance warranty tests of 40 CFR part 85, 
subpart W, is to be performed, and
    (ii) the name of the Administrator-approved alternative test 
procedure to be performed.
    (a)(3)-(a)(4)(iii)(F) [Reserved]. For guidance see Sec. 86.095-35.
    (a)(4)(iii)(G) For model years 1996 through 1998 gasoline-fueled and 
methanol-fueled heavy-duty vehicles, a clear indication of which test 
procedure was used to certify the evaporative family, e.g., 
``Evaporative Family xx (Sec. 86.1230-96 procedures)'' or ``Evaporative 
Family xx (Sec. 86.1230-85 procedures).''
    (b)-(i) [Reserved]. For guidance see Sec. 86.095-35.

[58 FR 16024, Mar. 24, 1993, as amended at 58 FR 34536, June 28, 1993; 
58 FR 58421, Nov. 1, 1993]



Sec. 86.096-38  Maintenance instructions.

    This section includes text that specifies requirements that differ 
from those specified in Sec. 86.087-38. Where a paragraph in Sec. 
86.087-38 is identical and applicable to Sec. 86.096-38, this may be 
indicated by specifying the corresponding paragraph and the statement 
``[Reserved]. For guidance see Sec. 86.087-38.''
    (a)-(f) [Reserved]. For guidance see Sec. 86.087-38.
    (g) Emission control diagnostic service information:
    (1) Manufacturers are subject to the provisions of this paragraph 
(g) beginning in the 1996 model year for manufacturers of light-duty 
vehicles and light-duty trucks, and beginning in the 2005 model year for 
manufacturers of heavy-duty vehicles and heavy-duty engines weighing 
14,000 pounds gross vehicle weight (GVW) and less that are subject to 
the OBD requirements of this part.
    (2) General requirements. (i) Manufacturers shall furnish or cause 
to be furnished to any person engaged in the repairing or servicing of 
motor vehicles or motor vehicle engines, or the Administrator upon 
request, any and all information needed to make use of the on-board 
diagnostic system and such other information, including instructions for 
making emission-related diagnoses and repairs, including but not limited 
to service manuals, technical service bulletins, recall service 
information, bi-directional control information, and training 
information, unless such information is protected by section 208(c) of 
the Act as a trade secret. No such information may be withheld under 
section 208(c) of the Act if that information is provided (directly or 
indirectly) by the manufacturer to franchised dealers or other persons 
engaged in the repair, diagnosing, or servicing of motor vehicles or 
motor vehicle engines.
    (ii) Definitions. The following definitions apply for this paragraph 
(g):
    (A) Aftermarket service provider means any individual or business 
engaged in the diagnosis, service, and repair of a motor vehicle or 
engine, who is not directly affiliated with a manufacturer or 
manufacturer-franchised dealership.

[[Page 478]]

    (B) Bi-directional control means the capability of a diagnostic tool 
to send messages on the data bus that temporarily overrides the module's 
control over a sensor or actuator and gives control to the diagnostic 
tool operator. Bi-directional controls do not create permanent changes 
to engine or component calibrations.
    (C) Data stream information means information (i.e., messages and 
parameters) originated within the vehicle by a module or intelligent 
sensors (i.e., a sensor that contains and is controlled by its own 
module) and transmitted between a network of modules and/or intelligent 
sensors connected in parallel with either one or more communication 
wires. The information is broadcast over the communication wires for use 
by the OBD system to gather information on emissions-related components 
or systems and from other vehicle modules that may impact emissions, 
including but not limited to systems such as chassis or transmission. 
For the purposes of this section, data stream information does not 
include engine calibration-related information, or any data stream 
information from systems or modules that do not impact emissions.
    (D) Emissions-related information means any information related to 
the diagnosis, service, and repair of emissions-related components. 
Emissions-related information includes, but is not limited to, 
information regarding any system, component or part of a vehicle that 
controls emissions and any system, component and/or part associated with 
the powertrain system, including, but not limited to:
    (1) The engine, the fuel system and ignition system,
    (2) Information for any system, component or part that is likely to 
impact emissions, such as transmission systems, and any other 
information specified by the Administrator to be relevant to the 
diagnosis and repair of an emissions-related problem; and
    (3) Any other information specified by the Administrator to be 
relevant for the diagnosis and repair of an emissions-related failure 
found through the inspection and maintenance program after such finding 
has been communicated to the affected manufacturer(s).
    (E) Emissions-related training information means any information-
related training or instruction for the purpose of the diagnosis, 
service, and repair of emissions-related components.
    (F) Enhanced service and repair information means information which 
is specific for an original equipment manufacturer's brand of tools and 
equipment. This includes computer or anti-theft system initialization 
information necessary for the completion of any emissions-related repair 
on motor vehicles that employ integral vehicle security systems.
    (G) Equipment and tool company means a registered automotive 
equipment or software company either public or private that is engaged 
in, or plans to engage in, the manufacture of automotive scan tool 
reprogramming equipment or software.
    (H) Generic service and repair information means information which 
is not specific for an original equipment manufacturer's brand of tools 
and equipment.
    (I) Indirect information means any information that is not 
specifically contained in the service literature, but is contained in 
items such as tools or equipment provided to franchised dealers (or 
others). This includes computer or anti-theft system initialization 
information necessary for the completion of any emissions-related repair 
on motor vehicles that employ integral vehicle security systems.
    (J) Intermediary means any individual or entity, other than an 
original equipment manufacturer, which provides service or equipment to 
aftermarket service providers.
    (K) Manufacturer-franchised dealership means any service provider 
with which a manufacturer has a direct business relationship.
    (L) Third-party information provider means any individual or entity, 
other than an original equipment manufacturer, who consolidates 
manufacturer service information and makes this information available to 
aftermarket service providers.
    (M) Third-party training provider means any individual or entity, 
other

[[Page 479]]

than an original equipment manufacturer who develops and/or delivers 
instructional and educational material for automotive training courses.
    (3) Information dissemination. By December 24, 2003, each 
manufacturer shall provide or cause to be provided to the persons 
specified in paragraph (g)(2)(i) of this section and to any other 
interested parties a manufacturer-specific World Wide Web site 
containing the information specified in paragraph (g)(2)(i) of this 
section for 1996 and later model year vehicles which have been offered 
for sale; this requirement does not apply to indirect information, 
including the information specified in paragraphs (g)(12) through 
(g)(16) of this section. Upon request and approval of the Administrator, 
manufacturers who can demonstrate significant hardship in complying with 
this provision within four months after the effective date may request 
an additional six months lead time to meet this requirement. Each 
manufacturer Web site shall:
    (i) Provide access in full-text to all of the information specified 
in paragraph (g)(5) of this section.
    (ii) Be updated at the same time as manufacturer-franchised 
dealership World Wide Web sites;
    (iii) Provide users with a description of the minimum computer 
hardware and software needed by the user to access that manufacturer's 
information (e.g., computer processor speed and operating system 
software). This description shall appear when users first log-on to the 
home page of the manufacturer Web site.
    (iv) Provide Short-Term (24 to 72 hours), Mid-Term (30 day period), 
and Long-Term (365 day period) Web site subscription options to any 
person specified in paragraph (g)(2)(i) of this section whereby the user 
will be able to access the site, search for the information, and 
purchase, view and print the information at a fair and reasonable cost 
as specified in paragraph (g)(7) of this section for each of the 
subscription options. In addition, for each of the subscription options, 
manufacturers are required to make their entire site accessible for the 
respective period of time and price. In other words, a manufacturer may 
not limit any or all of the subscription options to just one make or one 
model.
    (v) Allow the user to search the manufacturer Web site by various 
topics including but not limited to model, model year, key words or 
phrases, etc., while allowing ready identification of the latest vehicle 
calibration. Manufacturers who do not use model year to classify their 
vehicles in their service information may use an alternate vehicle 
delineation such as body series. Any manufacturer utilizing this 
flexibility shall create a cross-reference to the corresponding model 
year and provide this cross-reference on the manufacturer Web site home 
page.
    (vi) Provide accessibility using common, readily available software 
and shall not require the use of software, hardware, viewers, or 
browsers that are not readily available to the general public. 
Manufacturers shall also provide hyperlinks to any plug-ins, viewers or 
browsers (e.g. Adobe Acrobat or Netscape) needed to access the 
manufacturer Web site.
    (vii) Allow simple hyper-linking to the manufacturer Web site from 
government Web sites and automotive-related Web sites.
    (viii) Allow access to the manufacturer Web site with no limits on 
the modem speed by which aftermarket service providers or other 
interested parties can connect to the manufacturer Web site.
    (ix) Possess sufficient server capacity to allow ready access by all 
users and have sufficient capacity to assure that all users may obtain 
needed information without undue delay.
    (x) Correct or delete broken Web links on a weekly basis.
    (xi) Allow for Web site navigation that does not require a user to 
return to the manufacturer home page or a search engine in order to 
access a different portion of the site.
    (xii) Allow users to print out any and all of the materials required 
to be made available on the manufacturer Web site including the ability 
to print it at the user's location.
    (4) Small volume provisions for information dissemination. (i) 
Manufacturers with annual sales of less than 5,000 vehicles shall have 
until June 28, 2004 to

[[Page 480]]

launch their individual Web sites as required by paragraph (g)(3) of 
this section.
    (ii) Manufacturers with annual sales of less than 1,000 vehicles 
may, in lieu of meeting the requirement of paragraph (g)(3) of this 
section, request the Administrator to approve an alternative method by 
which the required emissions-related information can be obtained by the 
persons specified in paragraph (g)(2)(i) of this section.
    (5) Required information. All information relevant to the diagnosis 
and completion of emissions-related repairs shall be posted on 
manufacturer Web sites. This excludes indirect information specified in 
paragraphs (g)(6) and (g)(12) through (g)(16) of this section. To the 
extent that this information does not already exist in some form for 
their manufacturer franchised dealerships, manufacturers are required to 
develop and make available the information required by this section to 
both their manufacturer franchised dealerships and the aftermarket. The 
required information includes, but is not limited to:
    (i) Manuals, including subsystem and component manuals developed by 
a manufacturer's third party supplier that are made available to 
manufacturer franchised dealerships, technical service bulletins (TSBs), 
recall service information, diagrams, charts, and training materials. 
Manuals and other such service information from third party suppliers 
are not required to be made available in full-text on manufacturer Web 
sites as described in paragraph (g)(3) of this section. Rather, 
manufacturers must make available on the manufacturer Web site as 
required by paragraph (g)(3) of this section an index of the relevant 
information and instructions on how to order such third party 
information. In the alternative, a manufacturer can create a link from 
its Web site to the Web site(s) of the third party supplier.
    (ii) OBD system information which includes, but is not limited to, 
the following:
    (A) A general description of the operation of each monitor, 
including a description of the parameter that is being monitored;
    (B) A listing of all typical OBD diagnostic trouble codes associated 
with each monitor;
    (C) A description of the typical enabling conditions (either generic 
or monitor-specific) for each monitor (if equipped) to execute during 
vehicle operation, including, but not limited to, minimum and maximum 
intake air and engine coolant temperature, vehicle speed range, and time 
after engine startup. In addition, manufacturers shall list all monitor-
specific OBD drive cycle information for all major OBD monitors as 
equipped including, but not limited to, catalyst, catalyst heater, 
oxygen sensor, oxygen sensor heater, evaporative system, exhaust gas re-
circulation (EGR), secondary air, and air conditioning system. 
Additionally, for diesel vehicles under 14,000 pounds. GVWR which also 
perform misfire, fuel system and comprehensive component monitoring 
under specific driving conditions (i.e., non-continuous monitoring; as 
opposed to spark ignition engines that monitor these systems under all 
conditions or continuous monitoring), the manufacturer shall make 
available monitor-specific drive cycles. Any manufacturer who develops 
generic drive cycles, either in addition to, or instead of, monitor-
specific drive cycles shall also make these available in full-text on 
manufacturer Web sites;
    (D) A listing of each monitor sequence, execution frequency and 
typical duration;
    (E) A listing of typical malfunction thresholds for each monitor;
    (F) For OBD parameters for specific vehicles that deviate from the 
typical parameters, the OBD description shall indicate the deviation and 
provide a separate listing of the typical values for those vehicles;
    (G) Identification and scaling information necessary to interpret 
and understand data available to a generic scan tool through ``mode 6,'' 
pursuant to Society of Automotive Engineers SAE J1979, ``EE Diagnostic 
Test Modes'' (Incorporated by reference, see Sec. 86.1).
    (H) Algorithms, look-up tables, or any values associated with look-
up tables are not required to be made available.

[[Page 481]]

    (iii) Any information regarding any system, component, or part of a 
vehicle monitored by the OBD system that could in a failure mode cause 
the OBD system to illuminate the malfunction indicator light (MIL);
    (iv) Any information on other systems that can effect the emission 
system within a multiplexed system (including how information is sent 
between emission-related system modules and other modules on a 
multiplexed bus);
    (v) Manufacturer-specific emissions-related diagnostic trouble codes 
(DTCs) and any related service bulletins, trouble shooting guides, and/
or repair procedures associated with these manufacturer-specific DTCs; 
and
    (vi) Information regarding how to obtain the information needed to 
perform reinitialization of any vehicle computer or anti-theft system 
following an emissions-related repair.
    (6) Anti-theft system initialization information. Computer or anti-
theft system initialization information and/or related tools necessary 
for the proper installation of on-board computers or necessary for the 
completion of any emissions-related repair on motor vehicles that employ 
integral vehicle security systems or the repair or replacement of any 
other emission-related part shall be made available at a fair and 
reasonable cost to the persons specified in paragraph (g)(2)(i) of this 
section.
    (i) Except as provided under paragraph (g)(6)(ii) of this section, 
manufacturers must make this information available to persons specified 
in paragraph (g)(2)(i) of this section, such that such persons will not 
need any special tools or manufacturer-specific scan tools to perform 
the initialization. Manufacturers may make such information available 
through, for example, generic aftermarket tools, a pass-through device, 
or inexpensive manufacturer-specific cables.
    (ii) A manufacturer may request Administrator approval for an 
alternative means to re-initialize vehicles for some or all model year 
vehicles through the 2007 model year by 1 month following the effective 
date of the final rule. The Administrator shall approve the request only 
after the following conditions have been met:
    (A) The manufacturer must demonstrate that the availability of such 
information to aftermarket service providers would significantly 
increase the risk of vehicle theft.
    (B) The manufacturer must make available a reasonable alternative 
means to install or repair computers, or to otherwise repair or replace 
an emission-related part.
    (C) Any alternative means proposed by a manufacturer cannot require 
aftermarket technicians to use a manufacturer franchised dealership to 
obtain information or special tools to re-initialize the anti-theft 
system. All information must come directly from the manufacturer or a 
single manufacturer-specified designee.
    (D) Any alternative means proposed by a manufacturer must be 
available to aftermarket technicians at a fair and reasonable price.
    (E) Any alternative must be available to aftermarket technicians 
within twenty-four hours of the initial request.
    (F) Any alternative must not require the purchase of a special tool 
or tools, including manufacturer-specific tools, to complete this 
repair. Alternatives may include lease of such tools, but only for 
appropriately minimal cost.
    (G) In lieu of leasing their manufacturer-specific tool to meet this 
requirement, a manufacturer may also release the necessary information 
to equipment and tool manufacturers for incorporation into aftermarket 
scan tools. Any manufacturer choosing this option must release the 
information to equipment and tool manufacturers within 60 days of 
Administrator approval. Manufacturers may also comply with this 
requirement using SAE J2534 for some or all model years through model 
year 2007.
    (7) Cost of required information. (i) All information required to be 
made available by this section shall be made available at a fair and 
reasonable price. In determining whether a price is fair and reasonable, 
consideration may be given to relevant factors, including, but not 
limited to, the following:
    (A) The net cost to the manufacturer-franchised dealerships for 
similar

[[Page 482]]

information obtained from manufacturers, less any discounts, rebates, or 
other incentive programs.
    (B) The cost to the manufacturer for preparing and distributing the 
information, excluding any research and development costs incurred in 
designing and implementing, upgrading or altering the onboard computer 
and its software or any other vehicle part or component. Amortized 
capital costs for the preparation and distribution of the information 
may be included.
    (C) The price charged by other manufacturers for similar 
information.
    (D) The price charged by manufacturers for similar information prior 
to the launch of manufacturer Web sites.
    (E) The ability of aftermarket technicians or shops to afford the 
information.
    (F) The means by which the information is distributed;
    (G) The extent to which the information is used, which includes the 
number of users, and frequency, duration, and volume of use.
    (H) Inflation.
    (ii) By August 25, 2003, each manufacturer shall submit to the 
Administrator a request for approval of their pricing structure for 
their Web sites and amounts to be charged for the information required 
to be made available under paragraphs (g)(3) and (g)(5) of this section. 
Subsequent to the approval of the manufacturer Web site pricing 
structure, manufacturers shall notify the Administrator upon the 
increase in price of any one or all of the subscription options of 20 
percent or more above the previously-approved price, taking inflation 
into account.
    (A) The manufacturer shall submit a request to the Administrator 
that sets forth a detailed description of the pricing structure and 
amounts, and support for the position that the pricing structure and 
amounts are fair and reasonable by addressing, at a minimum, each of the 
factors specified in paragraph (g)(7)(i) of this section.
    (B) The Administrator will act upon the request within 180 days 
following receipt of a complete request or following receipt of any 
additional information requested by the Administrator.
    (C) The Administrator may decide not to approve, or to withdraw 
approval for a manufacturer's pricing structure and amounts based on a 
conclusion that this pricing structure and/or amounts are not, or are no 
longer, fair and reasonable, by sending written notice to the 
manufacturer explaining the basis for this decision.
    (D) In the case of a decision by the Administrator not to approve or 
to withdraw approval, the manufacturer shall within three months 
following notice of this decision, obtain Administrator approval for a 
revised pricing structure and amounts by following the approval process 
described in this paragraph (g)(7)(ii).
    (8) Unavailable information. Any information which is not provided 
at a fair and reasonable price shall be considered unavailable, in 
violation of these regulations and section 202(m)(5) of the Clean Air 
Act.
    (9) Third-party information providers. By December 24, 2003, 
manufacturers shall, for model year 2004 and later vehicles and engines, 
make available to third-party information providers as defined in 
paragraph (g)(2)(ii) of this section with whom they engage in licensing 
or business arrangements;
    (i) The required emissions-related information as specified in 
paragraph (g)(5) of this section either:
    (A) Directly in electronic format such as diskette or CD-ROM using 
non-proprietary software, in English; or
    (B) Indirectly via a Web site other than that required by paragraph 
(g)(3) of this section;
    (ii) For any manufacturer who utilizes an automated process in their 
manufacturer-specific scan tool for diagnostic fault trees, the data 
schema, detail specifications, including category types/codes and 
vehicle codes, and data format/content structure of the diagnostic 
trouble trees.
    (iii) Manufacturers can satisfy the requirement of paragraph 
(g)(9)(ii) of this section by making available diagnostic trouble trees 
on their manufacturer Web sites in full-text.

[[Page 483]]

    (iv) Manufacturers are not responsible for the accuracy of the 
information distributed by third parties. However, where manufacturers 
charge information intermediaries for information, whether through 
licensing agreements or other arrangements, manufacturers are 
responsible for inaccuracies contained in the information they provide 
to third-party information providers.
    (10) Required emissions-related training information. By December 
24, 2003, for emissions-related training information, manufacturers 
shall:
    (i) Video tape or otherwise duplicate and make available for sale on 
manufacturer Web sites within 30 days after transmission any emissions-
related training courses provided to manufacturer franchised dealerships 
via the Internet or satellite transmission;
    (ii) Provide on the manufacturer Web site an index of all emissions-
related training information available for purchase by aftermarket 
service providers for 1994 and newer vehicles. For model years 
subsequent to 2003, the required information must be made available for 
purchase within 3 months of model introduction and then must be made 
available at the same time it is made available to manufacturer 
franchised dealerships, whichever is earlier. The index shall describe 
the title of the course or instructional session, the cost of the video 
tape or duplicate, and information on how to order the item(s) from the 
manufacturer Web site. All of the items available must be shipped within 
24 hours of the order being placed and are to be made available at a 
fair and reasonable price as described in paragraph (g)(7) of this 
section. Manufacturers unable to meet the 24 hour shipping requirement 
under circumstances where orders exceed supply and additional time is 
needed by the distributor to reproduce the item being ordered, may 
exceed the 24 hour shipping requirement, but in no instance can take 
longer than 14 days to ship the item.
    (iii) Provide access to third-party training providers as defined in 
paragraph (g)(2)(ii) of this section all emission-related training 
courses transmitted via satellite or Internet offered to their 
manufacturer franchised dealerships. Manufacturers may not charge 
unreasonable up-front fees to third-party training providers for this 
access, but may require a royalty, percentage, or other arranged fee 
based on per-use enrollment/subscription basis. Manufacturers may take 
reasonable steps to protect any copyrighted information and are not 
required to provide this information to parties that do not agree to 
such steps.
    (11) Timeliness and maintenance of information dissemination. (i) 
General Requirements. Subsequent to the initial launch of the 
manufacturer's Web site, manufacturers must make the information 
required under paragraph (g)(5) of this section available on their Web 
site within six months of model introduction, or at the same time it is 
made available to manufacturer franchised dealerships, whichever is 
earlier. After this six-month period, the information must be available 
and updated on the manufacturer Web site at the same time that the 
updated information is made available to manufacturer franchised 
dealerships, except as otherwise specified in this section.
    (ii) Archived information. Beginning with the 1996 model year, 
manufacturers must maintain the required information on their Web sites 
in full-text as defined in paragraph (g)(5) of this section for a 
minimum of 15 years after model introduction. Subsequent to this fifteen 
year period, manufacturers may archive the information in the 
manufacturer's format of choice and provide an index of the archived 
information on the manufacturer Web site and how it can be obtained by 
interested parties. Manufacturers shall index their available 
information with a title that adequately describes the contents of the 
document to which it refers. Manufacturers may allow for the ordering of 
information directly from their Web site, or from a Web site hyperlinked 
to the manufacturer Web site. In the alternative, manufacturers shall 
list a phone number and address where aftermarket service providers can 
call or write to obtain the desired information. Manufacturers must also 
provide the price of each item listed, as well as the price of items 
ordered on a subscription basis. To the extent that any additional 
information is added or

[[Page 484]]

changed for these model years, manufacturers shall update the index as 
appropriate. Manufacturers will be responsible for ensuring that all 
information, including information that is distributed through 
information distributors, is provided within one regular business day of 
receiving the order. Items that are less than 20 pages (e.g. technical 
service bulletins) shall be faxed, if requested, to the requestor and 
manufacturers are required to deliver the information overnight if 
requested and paid for by the ordering party. Archived information must 
be made available on demand and at a fair and reasonable price.
    (12) Reprogramming information. (i) For model years 1996 and later, 
manufacturers shall make available to the persons specified in paragraph 
(g)(2)(i) of this section all emissions-related recalibration or 
reprogramming events (including driveability reprogramming events that 
may affect emissions) in the format of its choice at the same time they 
are made available to manufacturer franchised dealerships. This 
requirement takes effect on September 25, 2003, and within 3 months of 
model introduction for all new model years.
    (ii) For model years 1996 and later manufacturers shall provide 
persons specified in paragraph (g)(2)(i) of this section with an 
efficient and cost-effective method for identifying whether the 
calibrations on vehicles are the latest to be issued. This requirement 
takes effect on September 25, 2003, and within 3 months of model 
introduction for all new model years.
    (iii) For all 2004 and later OBD vehicles equipped with 
reprogramming capability, manufacturers shall comply with SAE J2534 
(Incorporated by reference, see Sec. 86.1). Any manufacturer who cannot 
comply with SAE J2534 in model year 2004 may request one year additional 
lead time from the Administrator.
    (iv) For model years 2004 and later, manufacturers shall make 
available to aftermarket service providers the necessary manufacturer-
specific software applications and calibrations needed to initiate pass-
through reprogramming. This software shall be able to run on a standard 
personal computer that utilizes standard operating systems as specified 
in SAE J2534 (Incorporated by reference, see Sec. 86.1).
    (v) For model years prior to 2004, manufacturers may use SAE J2534 
as described above, provided they make available to the aftermarket any 
additional required hardware (i.e. cables). Manufacturers may not 
require the purchase or use of a manufacturer-specific scan tool to 
receive or use this additional hardware. Manufacturers must also make 
available the necessary manufacturer-specific software applications and 
calibrations needed to initiate pass-through reprogramming. 
Manufacturers must also make available to equipment and tool companies 
any information needed to develop aftermarket equivalents of the 
manufacturer-specific hardware.
    (vi) Manufacturers may take any reasonable business precautions 
necessary to protect proprietary business information and are not 
required to provide this information to any party that does not agree to 
these reasonable business precautions. The requirement to make hardware 
available and to release the information to equipment and tool companies 
takes effect on September 25, 2003, and within 3 months of model 
introduction for all new model years.
    (vii) Manufacturers who cannot comply with paragraphs (g)(12)(v) and 
(g)(12)(vi) of this section shall make available to equipment and tool 
companies by September 25, 2003 the following information necessary for 
reprogramming the Electronic Control Unit (ECU):
    (A) The physical hardware requirements for reprogramming events or 
tools (e.g. system voltage requirements, cable terminals/pins, 
connections such as RS232 or USB, wires, etc.).
    (B) ECU data communication (e.g. serial data protocols, transmission 
speed or baud rate, bit timing requirements, etc.).
    (C) Information on the application physical interface (API) or 
layers (descriptions for procedures such as connection, initialization, 
performing and verifying programming/download, and termination).
    (D) Vehicle application information or any other related service 
information such as special pins and voltages

[[Page 485]]

for reprogramming events or additional vehicle connectors that require 
enablement and specifications for the enablement.
    (E) Information that describes what interfaces or combinations of 
interfaces are used to deliver calibrations from database media (e.g. PC 
using CDROM to the reprogramming device e.g. scan tool or black box).
    (viii) A manufacturer can propose an alternative to the requirements 
of paragraph (g)(12)(vii) of this section for how aftermarket service 
providers can reprogram an ECU. The Administrator will approve this 
alternative if the manufacturer demonstrates all of the following:
    (A) That it cannot comply with paragraph (g)(12)(v) of this section 
for the vehicles subject to the alternative plan;
    (B) That a very small percentage of its vehicles in model years 
prior to 2004 cannot be reprogrammed with the provisions described in 
paragraph (g)(12)(v) of this section, or that releasing the information 
to tool companies would likely not result in this information being 
incorporated into aftermarket tools; and
    (C) That aftermarket service providers will be able to reprogram 
promptly at a reasonable cost.
    (ix) In meeting the requirements of paragraphs (g)(12)(v) through 
(g)(12)(vii) of this section, manufacturers may take any reasonable 
business precautions necessary to protect proprietary business 
information and are not required to provide this information to any 
party that does not agree to these reasonable business precautions.
    (13) Generic and enhanced information for scan tools. By September 
25, 2003, manufacturers shall make available to equipment and tool 
companies all generic and enhanced service information including bi-
directional control and data stream information as defined in paragraph 
(g)(2)(ii) of this section. This requirement applies for 1996 and later 
model year vehicles.
    (i) The information required by paragraph (g)(13) of this section 
shall be provided electronically using common document formats to 
equipment and tool companies with whom they have appropriate licensing, 
contractual, and/or confidentiality arrangements. To the extent that a 
central repository for this information (e.g. the TEK-NET library 
developed by the Equipment and Tool Institute) is used to warehouse this 
information, the Administrator shall have free unrestricted access. In 
addition, information required in paragraph (g)(13) of this section 
shall be made available to equipment and tool companies who are not 
otherwise members of any central repository and shall have access if the 
non-members have arranged for the appropriate licensing, contractual 
and/or confidentiality arrangements with the manufacturer and/or a 
central repository.
    (ii) In addition to the generic and enhanced information defined in 
paragraph (g)(2)(ii) of this section, manufacturers shall also make 
available the following information necessary for developing generic 
diagnostic scan tools:
    (A) The physical hardware requirements for data communication (e.g. 
system voltage requirements, cable terminals/pins, connections such as 
RS232 or USB, wires, etc.),
    (B) ECU data communication (e.g. serial data protocols, transmission 
speed or baud rate, bit timing requirements, etc.),
    (C) Information on the application physical interface (API) or 
layers. (i.e., processing algorithms or software design descriptions for 
procedures such as connection, initialization, and termination),
    (D) Vehicle application information or any other related service 
information such as special pins and voltages or additional vehicle 
connectors that require enablement and specifications for the 
enablement.
    (iii) Any manufacturer who utilizes an automated process in its 
manufacturer-specific scan tool for diagnostic fault trees shall make 
available to equipment and tool companies the data schema, detail 
specifications, including category types/codes and vehicle codes, and 
data format/content structure of the diagnostic trouble trees.
    (iv) Manufacturers can satisfy the requirement of paragraph 
(g)(13)(iii) of this section by making available diagnostic trouble 
trees on their manufacturer Web sites in full-text.

[[Page 486]]

    (14) Availability of manufacturer-specific scan tools. Manufacturers 
shall make available for sale to the persons specified in paragraph 
(g)(2)(i) of this section their own manufacturer-specific diagnostic 
tools at a fair and reasonable cost. These tools shall also be made 
available in a timely fashion either through the manufacturer Web site 
or through a manufacturer-designated intermediary. Manufacturers who 
develop different versions of one or more of their diagnostic tools that 
are used in whole or in part for emission-related diagnosis and repair 
shall insure that all emission-related diagnosis and repair information 
is available for sale to the aftermarket at a fair and reasonable cost. 
Manufacturers shall provide technical support to aftermarket service 
providers for the tools described in this section, either themselves or 
through a third party of its choice. Factors for determining fair and 
reasonable cost include, but are not limited to:
    (i) The net cost to the manufacturer's franchised dealerships for 
similar tools obtained from manufacturers, less any discounts, rebates, 
or other incentive programs;
    (ii) The cost to the manufacturer for preparing and distributing the 
tools, excluding any research and development costs;
    (iii) The price charged by other manufacturers of similar sizes for 
similar tools;
    (iv) The capabilities and functionality of the manufacturer tool;
    (v) The means by which the tools are distributed;
    (vi) Inflation.
    (vii) The ability of aftermarket technicians and shops to afford the 
tools.
    (15) Changing content of manufacturer-specific scan tools. 
Manufacturers who opt to remove non-emissions related content from their 
manufacturer-specific scan tools and sell them to the persons specified 
in paragraph (g)(2)(i) of this section shall adjust the cost of the tool 
accordingly lower to reflect the decreased value of the scan tool. All 
emissions-related content that remains in the manufacturer-specific tool 
shall be identical to the information that is contained in the complete 
version of the manufacturer specific tool. Any manufacturer who wishes 
to implement this option must request approval from the Administrator 
prior to the introduction of the tool into commerce.
    (16) Special tools. (i) Manufacturers who have developed special 
tools to extinguish the malfunction indicator light (MIL) for Model 
Years 1994 through 2003 shall make available the necessary information 
to equipment and tool companies to design a comparable generic tool. 
This information shall be made available to equipment and tool companies 
no later than September 25, 2003.
    (ii) Manufacturers are prohibited from requiring special tools to 
extinguish the malfunction indicator light (MIL) beginning with Model 
Year 2004.
    (17) Reference materials. Manufacturers shall conform with the 
following Society of Automotive Engineers (SAE) standards.
    (i) For Web-based delivery of service information, manufacturers 
shall comply with SAE Recommended Practice J1930 (Revised, May 1998), 
``Electrical/Electronic Systems Diagnostic Terms, Definitions, 
Abbreviations, and Acronyms'' (Incorporated by reference, see Sec. 
86.1). This recommended practice standardizes various terms, 
abbreviations, and acronyms associated with on-board diagnostics. 
Manufacturers shall comply with SAE J1930 beginning with Model Year 
2004.
    (ii) For identification and scaling information necessary to 
interpret and understand data available to a generic scan tool through 
``mode 6,'' manufacturers shall comply with SAE Recommended Practice 
J1979 (Revised, September, 1997), ``EE Diagnostic Test Modes'' 
(Incorporated by reference, see Sec. 86.1). This recommended practice 
describes the implementation of the diagnostic test modes for emissions-
related test data. Manufacturers shall comply with SAE J1979 
(Incorporated by reference, see Sec. 86.1) beginning with Model Year 
2004.
    (iii) For allowing ECU and equipment and tool manufacturers to 
satisfy the needs of multiple end users with minimum modification to a 
basic ECU design, manufacturers shall comply with ``Recommended Practice 
J2284-3 (May,

[[Page 487]]

2001), ``High Speed CAN (HSC) for Vehicle Applications at 500 KBPS'' 
(Incorporated by reference, see Sec. 86.1). SAE J2284-3 establishes 
standard ECU physical layer, data link layer, and media design criteria. 
Manufacturers may comply with SAE J2284-3 beginning with model year 2003 
and shall comply with SAE J2284-3 beginning with model year 2008.
    (iv) For pass-through reprogramming capabilities, manufacturers 
shall comply with SAE Recommended Practice J2534 (February, 2002), 
``Recommended Practice for Pass-Thru Vehicle Programming'' (Incorporated 
by reference, see Sec. 86.1). This recommended practice provides 
technical specifications and information that manufacturers must supply 
to equipment and tool companies to develop aftermarket pass-through 
reprogramming tools. Manufacturers shall comply with SAE J2534 beginning 
with model year 2004.
    (18) Reporting requirements. Manufacturers shall provide to the 
Administrator reports on an annual basis within 30 days of the end of 
the calendar year and upon request of the Administrator, that describe 
the performance of their individual Web sites. These annual reports 
shall be submitted to the Administrator electronically utilizing non-
proprietary software in the format as agreed to by the Administrator and 
the manufacturers. Manufacturers may request Administrator approval to 
report on parameters other than those described below if the 
manufacturer can demonstrate that those alternate parameters will 
provide sufficient and similar information for the Administrator to 
effectively evaluate the manufacturer Web site. These annual reports 
shall include, at a minimum, monthly measurements of the following 
parameters:
    (i) Total successful requests (measured in number of files including 
graphic interchange formats (GIFs) and joint photographic expert group 
(JPEG) images, i.e. electronic images such as wiring or other diagrams 
or pictures). This is defined as the total successful request counts of 
all the files which have been requested, including pages, graphics, etc.
    (ii) Total failed requests (measured in number of files). This is 
defined as the total failed request counts of all the files which were 
requested but failed because they could not be found or were read-
protected. This includes pages, graphics, etc.
    (iii) Average data transferred per day (measured by bytes). This is 
defined as average amount of data transferred per day from one place to 
another.
    (iv) Daily Summary (measured in number of files/pages by day of 
week). This is defined as the total number of requests each day of the 
week, over the time period given at the beginning of the report.
    (v) Daily report (measured in number of files/pages by the day of 
the month). This is defined as how many requests there were in each day 
of a specific month.
    (vi) Browser Summary (measured in number of files/pages by browser 
type, i.e., Netscape, Internet Explorer). This is defined as the 
versions of a browser by vendor.
    (vii) Any other information deemed necessary by the Administrator to 
determine the adequacy of a manufacturer Web site.
    (19) Prohibited acts, liability and remedies. (i) It is a prohibited 
act for any person to fail to promptly provide or cause a failure to 
promptly provide information as required by this paragraph (g), or to 
otherwise fail to comply or cause a failure to comply with any provision 
of this paragraph (g).
    (ii) Any person who fails or causes the failure to comply with any 
provision of this paragraph (g) is liable for a violation of that 
provision. A corporation is presumed liable for any violations of this 
subpart that are committed by any of its subsidiaries, affiliates or 
parents that are substantially owned by it or substantially under its 
control.
    (iii) Any person who violates a provision of this paragraph (g) 
shall be subject to a civil penalty of not more than $32,500 per day for 
each violation. This maximum penalty is shown for calendar year 2004. 
Maximum penalty limits for later years may be set higher based on the 
Consumer Price Index, as specified in 40 CFR part 19. In addition, such 
person shall be liable for all other remedies set forth in Title II of 
the Clean Air Act, remedies pertaining to

[[Page 488]]

provisions of Title II of the Clean Air Act, or other applicable 
provisions of law.

[68 FR 38449, June 27, 2003, as amended at 70 FR 40433, July 13, 2005]



Sec. 86.097-9  Emission standards for 1997 and later model year 
light-duty trucks.

    (a)(1) Standards--(i) Light light-duty trucks. (A) Exhaust emissions 
from 1997 and later model year light light-duty trucks shall meet all 
standards in tables A97-1 and A97-2 in the rows designated with the 
applicable fuel type and loaded vehicle weight. Light light-duty trucks 
shall not exceed the applicable standards in table A97-1 and shall not 
exceed the applicable standards in table A97-2.

               Table A97-1--Intermediate Useful Life Standards (g/mi) for Light Light-Duty Trucks
----------------------------------------------------------------------------------------------------------------
               Fuel                 LVW (lbs)     THC        NMHC       THCE      NMHCE      CO    NOX      PM
----------------------------------------------------------------------------------------------------------------
Gasoline.........................      0-3750  .........       0.25  .........  .........    3.4    0.4     0.08
Gasoline.........................   3751-5750  .........       0.32  .........  .........    4.4    0.7     0.08
Diesel...........................      0-3750  .........       0.25  .........  .........    3.4    1.0     0.08
Diesel...........................   3751-5750  .........       0.32  .........  .........    4.4  .....     0.08
Methanol.........................      0-3750  .........  .........  .........       0.25    3.4    0.4     0.08
Methanol.........................   3751-5750  .........  .........  .........       0.32    4.4    0.7     0.08
Natural Gas......................      0-3750  .........       0.25  .........  .........    3.4    0.4     0.08
Natural Gas......................   3751-5750  .........       0.32  .........  .........    4.4    0.7     0.08
LPG..............................      0-3750  .........       0.25  .........  .........    3.4    0.4     0.08
LPG..............................   3751-5750  .........       0.32  .........  .........    4.4    0.7     0.08
----------------------------------------------------------------------------------------------------------------


                   Table A97-2--Full Useful Life Standards (g/mi) for Light Light-Duty Trucks
----------------------------------------------------------------------------------------------------------------
               Fuel                 LVW (lbs)   THC \1\      NMHC     THCE \1\    NMHCE      CO    NOX      PM
----------------------------------------------------------------------------------------------------------------
Gasoline.........................      0-3750       0.80       0.31  .........  .........    4.2    0.6     0.10
Gasoline.........................   3751-5750       0.80       0.40  .........  .........    5.5   0.97     0.10
Diesel...........................      0-3750       0.80       0.31  .........  .........    4.2   1.25     0.10
Diesel...........................   3751-5750       0.80       0.40  .........  .........    5.5   0.97     0.10
Methanol.........................      0-3750  .........  .........       0.80       0.31    4.2    0.6     0.10
Methanol.........................   3751-5750  .........  .........       0.80       0.40    5.5   0.97     0.10
Natural Gas......................      0-3750  .........       0.31  .........  .........    4.2    0.6     0.10
Natural Gas......................   3751-5750  .........       0.40  .........  .........    5.5   0.97     0.10
LPG..............................      0-3750       0.80       0.31  .........  .........    4.2    0.6     0.10
LPG..............................   3751-5750       0.80       0.40  .........  .........    5.5   0.97     0.10
----------------------------------------------------------------------------------------------------------------
\1\ Full useful life is 11 years or 120,000 miles, whichever occurs first.

    (B)(1) Vehicles subject to the standards of paragraph (a)(1)(i)(A) 
of this section shall be all actual U.S. sales of light-duty vehicles of 
the applicable model year by a manufacturer.
    (2) A manufacturer can not use one set of engine families to meet 
its intermediate useful life standards and another to meet its full 
useful life standards. The same families which are used to meet the 
intermediate useful life standards will be required without deviation to 
meet the corresponding full useful life standards.
    (ii) Heavy light-duty trucks. (A) Exhaust emissions from 1997 and 
later model year heavy light-duty trucks shall meet all standards in 
tables A97-3 and A97-4 in the rows designated with the applicable fuel 
type and adjusted loaded vehicle weight. Heavy light-duty trucks shall 
not exceed the applicable standards in table A97-3 and shall not exceed 
the applicable standards in table A97-4.

               Table A97-3--Intermediate Useful Life Standards (g/mi) for Heavy Light-Duty Trucks
----------------------------------------------------------------------------------------------------------------
               Fuel                ALVW (lbs)     THC        NMHC       THCE      NMHCE      CO    NOX      PM
----------------------------------------------------------------------------------------------------------------
Gasoline.........................   3751-5750  .........       0.32  .........  .........    4.4    0.7  .......
Gasoline.........................  5750
Diesel...........................   3751-5750  .........       0.32  .........  .........    4.4  .....  .......
Diesel...........................  5750

[[Page 489]]

 
Methanol.........................   3751-5750  .........  .........  .........       0.32    4.4    0.7  .......
Methanol.........................  5750
Natural Gas......................   3751-5750  .........       0.32  .........  .........    4.4    0.7  .......
Natural Gas......................  5750
LPG..............................   3751-5750  .........       0.32  .........  .........    4.4    0.7  .......
LPG..............................  5750
----------------------------------------------------------------------------------------------------------------


                   Table A97-4--Full Useful Life Standards (g/mi) for Heavy Light-Duty Trucks
----------------------------------------------------------------------------------------------------------------
               Fuel                ALVW (lbs)     THC        NMHC       THCE      NMHCE      CO    NOX      PM
----------------------------------------------------------------------------------------------------------------
Gasoline.........................   3751-5750       0.80       0.46  .........  .........    6.4   0.98     0.10
Gasoline.........................  5750
Diesel...........................   3751-5750       0.80       0.46  .........  .........    6.4   0.98     0.10
Diesel...........................  5750
Methanol.........................   3751-5750  .........  .........       0.80       0.46    6.4   0.98     0.10
Methanol.........................  5750
Natural Gas......................   3751-5750  .........       0.46  .........  .........    6.4   0.98     0.10
Natural Gas......................  5750
LPG..............................   3751-5750       0.80       0.46  .........  .........    6.4   0.98     0.10
LPG..............................  5750
----------------------------------------------------------------------------------------------------------------

    (B)(1) Vehicles subject to the standards of paragraph (a)(1)(ii)(A) 
of this section shall be all actual U.S. sales of light-duty vehicles of 
the applicable model year by a manufacturer.
    (2) A manufacturer can not use one set of engine families to meet 
its intermediate useful life standards and another to meet its full 
useful life standards. The same families which are used to meet the 
intermediate useful life standards will be required without deviation to 
meet the corresponding full useful life standards.
    (iii) Exhaust emissions of carbon monoxide from 1997 and later model 
year light-duty trucks shall not exceed 0.50 percent of exhaust gas flow 
at curb idle at a useful life of 11 years or 120,000 miles, whichever 
first occurs (for Otto-cycle and methanol-natural gas- and liquefied 
petroleum gas-fueled diesel-cycle light-duty trucks only).
    (iv) CST emissions from gasoline-fueled Otto-cycle light-duty trucks 
measured and calculated in accordance with subpart O of this part may 
not exceed the standards listed in paragraphs (a)(1)(iv) (A) and (B) of 
this section.
    (A) Hydrocarbons: 100 ppm as hexane.
    (B) Carbon monoxide: 0.5%.
    (2) The standards set forth in paragraphs (a)(1)(i) and (a)(1)(ii) 
of this section refer to the exhaust emitted over a driving schedule as 
set forth in subpart B of this part and measured and calculated in 
accordance with those procedures. The test weight basis for light light-
duty trucks, for the purposes of determining equivalent test weight as 
prescribed in Sec. 86.129-94, shall be loaded vehicle weight. The test 
weight basis for heavy light-duty trucks, for the purposes of 
determining equivalent test weight as prescribed in Sec. 86.129-94, 
shall be adjusted loaded vehicle weight. The standard set forth in 
paragraph (a)(1)(iii) of this section refers to the exhaust emitted at 
curb idle and measured and calculated in accordance with the procedures 
set forth in subpart P of this part.
    (3) The standards set forth in paragraph (a)(1)(iv) of this section 
refer to the exhaust emitted during the CST as set forth in subpart O of 
this part and measured and calculated in accordance with those 
provisions.
    (b) [Reserved]. For guidance see Sec. 86.096-9.
    (c) No crankcase emissions shall be discharged into the ambient 
atmosphere from any 1997 and later model year light-duty truck.
    (d)-(f) [Reserved]
    (g) Any model year 1997 and later light-duty truck that a 
manufacturer wishes to certify for sale shall meet the

[[Page 490]]

emission standards under both low- and high-altitude conditions as 
specified in Sec. 86.082-2, except as provided in paragraphs (h) and 
(i) of this section. Vehicles shall meet emission standards under both 
low- and high-altitude conditions without manual adjustments or 
modifications. Any emission control device used to meet emission 
standards under high-altitude conditions shall initially actuate 
(automatically) no higher than 4,000 feet above sea level.
    (h) The manufacturer may exempt 1997 and later model year light-duty 
trucks from compliance at high altitude with the emission standards set 
forth in paragraphs (a) and (b) of this section, if the vehicles are not 
intended for sale at high altitude and if the requirements of paragraphs 
(h) (1) and (2) of this section are met.
    (1) A vehicle configuration shall only be considered eligible for 
exemption under paragraph (h) of this section if the requirements of any 
of paragraphs (h)(1) (i), (ii), (iii), or (iv) of this section are met.
    (i) Its design parameters (displacement-to-weight ratio (D/W) and 
engine speed-to-vehicle-speed ratio (N/V)) fall within the exempted 
range for that manufacturer for that year. The exempted range is 
determined according to the following procedure:
    (A) The manufacturer shall graphically display the D/W and N/V data 
of all vehicle configurations it will offer for the model year in 
question. The axis of the abscissa shall be D/W (where (D) is the engine 
displacement expressed in cubic centimeters and (W) is the gross vehicle 
weight (GVW) expressed in pounds), and the axis of the ordinate shall be 
N/V (where (N) is the crankshaft speed expressed in revolutions per 
minute and (V) is the vehicle speed expressed in miles per hour). At the 
manufacturer's option, either the 1:1 transmission gear ratio or the 
lowest numerical gear ratio available in the transmission will be used 
to determine N/V. The gear selection must be the same for all N/V data 
points on the manufacturer's graph. For each transmission/axle ratio 
combination, only the lowest N/V value shall be used in the graphical 
display.
    (B) The product line is then defined by the equation, N/V=C(D/
W)-0.9 where the constant, C, is determined by the 
requirement that all the vehicle data points either fall on the line or 
lie to the upper right of the line as displayed on the graphs.
    (C) The exemption line is then defined by the equation, N/V=C(0.84 
D/W)-0.9 where the constant, C, is the same as that found in 
paragraph (h)(1)(i)(B) of this section.
    (D) The exempted range includes all values of N/V and D/W which 
simultaneously fall to the lower left of the exemption line as drawn on 
the graph.
    (ii) Its design parameters fall within the alternate exempted range 
for that manufacturer that year. The alternate exempted range is 
determined by substituting rated horsepower (hp) for displacement (D) in 
the exemption procedure described in paragraph (h)(1)(i) of this section 
and by using the product line N/V=C(hp/W)-0.9.
    (A) Rated horsepower shall be determined by using the Society of 
Automotive Engineers Test Procedure J 1349 (copies may be obtained from 
SAE, 400 Commonwealth Dr., Warrendale, PA 15096), or any subsequent 
version of that test procedure. Any of the horsepower determinants 
within that test procedure may be used, as long as it is used 
consistently throughout the manufacturer's product line in any model 
year.
    (B) No exemptions will be allowed under paragraph (h)(1)(ii) of this 
section to any manufacturer that has exempted vehicle configurations as 
set forth in paragraph (h)(1)(i) of this section.
    (iii) Its acceleration time (the time it takes a vehicle to 
accelerate from 0 to a speed not less than 40 miles per hour and not 
greater than 50 miles per hour) under high-altitude conditions is 
greater than the largest acceleration time under low-altitude conditions 
for that manufacturer for that year. The procedure to be followed in 
making this determination is:
    (A) The manufacturer shall list the vehicle configuration and 
acceleration time under low-altitude conditions of that vehicle 
configuration which has the highest acceleration time under low-altitude 
conditions of all the vehicle configurations it will offer for the

[[Page 491]]

model year in question. The manufacturer shall also submit a description 
of the methodology used to make this determination.
    (B) The manufacturer shall then list the vehicle configurations and 
acceleration times under high-altitude conditions of all those vehicles 
configurations which have higher acceleration times under high-altitude 
conditions than the highest acceleration time at low altitude identified 
in paragraph (h)(1)(iii)(A) of this section.
    (iv) In lieu of performing the test procedure of paragraph 
(h)(1)(iii) of this section, its acceleration time can be estimated 
based on the manufacturer's engineering evaluation, in accordance with 
good engineering practice, to meet the exemption criteria of paragraph 
(h)(1)(iii) of this section.
    (2) A vehicle shall only be considered eligible for exemption under 
this paragraph if at least one configuration of its model type (and 
transmission configuration in the case of vehicles equipped with manual 
transmissions, excluding differences due to the presence of overdrive) 
is certified to meet emission standards under high-altitude conditions 
as specified in paragraphs (a) through (g) of this section. The 
Certificate of Conformity (the Certificate) covering any exempted 
configuration(s) will also apply to the corresponding non-exempt 
configuration(s) required under this subparagraph. As a condition to the 
exemption, any suspension, revocation, voiding, or withdrawal of the 
Certificate as it applies to a non-exempt configuration for any reason 
will result in a suspension of the Certificate as it applies to the 
corresponding exempted configuration(s) of that model type, unless there 
is at least one other corresponding non-exempt configuration of the same 
model type still covered by the Certificate. The suspension of the 
Certificate as it applies to the exempted configuration(s) will be 
terminated when any one of the following occurs:
    (i) Another corresponding non-exempt configuration(s) receive(s) 
coverage under the Certificate; or
    (ii) Suspension of the Certificate as it applies to the 
corresponding non-exempt configuration(s) is terminated; or
    (iii) The Agency's action(s), with respect to suspension, 
revocation, voiding or withdrawal of the Certificate as it applies to 
the corresponding non-exempt configuration(s), is reversed.
    (3) The sale of a vehicle for principal use at a designated high-
altitude location that has been exempted as set forth in paragraph 
(h)(1) of this section will be considered a violation of section 
203(a)(1) of the Clean Air Act.
    (i)(1) The manufacturers may exempt 1997 and later model year light-
duty trucks from compliance at low altitude with the emission standards 
set forth in paragraphs (a) and (b) of this section if the vehicles:
    (i) Are not intended for sale at low altitude; and
    (ii) Are equipped with a unique, high-altitude axle ratio (rear-
wheel drive vehicles) or a unique, high-altitude drivetrain (front-wheel 
drive vehicles) with a higher N/V ratio than other configurations of 
that model type which are certified in compliance with the emission 
standards of paragraphs (a) and (b) of this section under low-altitude 
conditions.
    (2) The sale of a vehicle for principal use at low altitude that has 
been exempted as set forth in paragraph (i)(1) of this section will be 
considered a violation of section 203(a)(1) of the Clean Air Act.
    (j) Any light-duty truck that a manufacturer wishes to certify for 
sale under the provisions of paragraphs (h) or (i) of this section is 
subject to the provisions of subpart Q of this part.
    (k)(1) Cold Temperature Carbon Monoxide (CO) Standards--Light light-
duty trucks. Exhaust emissions from 1997 and later model year light 
light-duty trucks with a loaded vehicle weight of 3,750 lbs or less 
shall not exceed the cold temperature CO standard of 10.0 grams per mile 
and light light-duty trucks with a loaded vehicle weight of greater than 
3,750 lbs shall not exceed a cold temperature CO standard of 12.5 grams 
per mile, both for an intermediate useful life of 50,000 miles and as 
measured and calculated under the provisions set forth in subpart C of 
this part. This standard applies under both low and high altitude 
conditions.
    (2) Heavy light-duty trucks. Exhaust emissions from 1997 and later 
model

[[Page 492]]

year heavy light-duty trucks shall not exceed the cold temperature CO 
standard of 12.5 grams per mile for an intermediate useful life of 
50,000 miles, as measured and calculated under the provisions set forth 
in subpart C of this part. This standard applies under both low and high 
altitude conditions.

[56 FR 25757, June 5, 1991, as amended at 57 FR 31916, July 17, 1992; 58 
FR 16025, Mar. 24, 1993; 58 FR 58421, Nov. 1, 1993; 59 FR 48500, Sept. 
21, 1994; 60 FR 34335, June 30, 1995]



Sec. 86.098-2  Definitions.

    The definitions of Sec. 86.096-2 continue to apply to 1996 and 
later model year vehicles. The definitions listed in this section apply 
beginning with the 1998 model year.
    Dispensed fuel temperature means the temperature (deg.F or deg.C may 
be used) of the fuel being dispensed into the tank of the test vehicle 
during a refueling test.
    Evaporative/refueling emission control system means a unique 
combination within an evaporative/refueling family of canister 
adsorptive material, purge system configuration, purge strategy, and 
other parameters determined by the Administrator to affect evaporative 
and refueling emission control system durability or deterioration 
factors.
    Evaporative/refueling emission family means the basic classification 
unit of a manufacturers' product line used for the purpose of 
evaporative and refueling emissions test fleet selection and determined 
in accordance with Sec. 86.098-24.
    Fixed liquid level gauge means a type of liquid level gauge used on 
liquefied petroleum gas-fueled vehicles which uses a relatively small 
positive shutoff valve and is designed to indicate when the liquid level 
in the fuel tank being filled reaches the proper fill level. The venting 
of fuel vapor and/or liquid fuel to the atmosphere during the refueling 
event is generally associated with the use of the fixed liquid level 
gauge.
    Integrated refueling emission control system means a system where 
vapors resulting from refueling are stored in a common vapor storage 
unit(s) with other evaporative emissions of the vehicle and are purged 
through a common purge system.
    Non-integrated refueling emission control system means a system 
where fuel vapors from refueling are stored in a vapor storage unit 
assigned solely to the function of storing refueling vapors.
    Refueling emissions means evaporative emissions that emanate from a 
motor vehicle fuel tank(s) during a refueling operation.
    Refueling emissions canister(s) means any vapor storage unit(s) that 
is exposed to the vapors generated during refueling.
    Resting losses means evaporative emissions that may occur 
continuously, that are not diurnal emissions, hot soak emissions, 
refueling emissions, running losses, or spitback emissions.
    Useful life means:
    (1) For light-duty vehicles, and for light light-duty trucks not 
subject to the Tier 0 standards of Sec. 86.094-9(a), intermediate 
useful life and/or full useful life. Intermediate useful life is a 
period of use of 5 years or 50,000 miles, whichever occurs first. Full 
useful life is a period of use of 10 years or 100,000 miles, whichever 
occurs first, except as otherwise noted in Sec. 86.094-9. The useful 
life of evaporative and/or refueling emission control systems on the 
portion of these vehicles subject to the evaporative emission test 
requirements of Sec. 86.130-96, and/or the refueling emission test 
requirements of Sec. 86.151-98, is defined as a period of use of 10 
years or 100,000 miles, whichever occurs first.
    (2) For light light-duty trucks subject to the Tier 0 standards of 
Sec. 86.094-9(a), and for heavy light-duty truck engine families, 
intermediate and/or full useful life. Intermediate useful life is a 
period of use of 5 years or 50,000 miles, whichever occurs first. Full 
useful life is a period of use of 11 years or 120,000 miles, whichever 
occurs first. The useful life of evaporative emission control systems on 
the portion of these vehicles subject to the evaporative emission test 
requirements of Sec. 86.130-96 is also defined as a period of 11 years 
or 120,000 miles, whichever occurs first.
    (3) For an Otto-cycle heavy-duty engine family:
    (i) For hydrocarbon and carbon monoxide standards, a period of use 
of 8

[[Page 493]]

years or 110,000 miles, whichever first occurs.
    (ii) For the oxides of nitrogen standard, a period of use of 10 
years or 110,000 miles, whichever first occurs.
    (iii) For the portion of evaporative emission control systems 
subject to the evaporative emission test requirements of Sec. 86.1230-
96, a period of use of 10 years or 110,000 miles, whichever occurs 
first.
    (4) For a diesel heavy-duty engine family:
    (i) For light heavy-duty diesel engines, for hydrocarbon, carbon 
monoxide, and particulate standards, a period of use of 8 years or 
110,000 miles, whichever first occurs.
    (ii) For light heavy-duty diesel engines, for the oxides of nitrogen 
standard, a period of use of 10 years or 110,000 miles, whichever first 
occurs.
    (iii) For medium heavy-duty diesel engines, for hydrocarbon, carbon 
monoxide, and particulate standards, a period of use of 8 years or 
185,000 miles, whichever first occurs.
    (iv) For medium heavy-duty diesel engines, for the oxides of 
nitrogen standard, a period of use of 10 years or 185,000 miles, 
whichever first occurs.
    (v) For heavy heavy-duty diesel engines, for hydrocarbon, carbon 
monoxide, and particulate standards, a period of use of 8 years or 
290,000 miles, whichever first occurs, except as provided in paragraph 
(3)(vii) of this definition.
    (vi) For heavy heavy-duty diesel engines, for the oxides of nitrogen 
standard, a period of use of 10 years or 290,000 miles, whichever first 
occurs.
    (vii) For heavy heavy-duty diesel engines used in urban buses, for 
the particulate standard, a period of use of 10 years or 290,000 miles, 
whichever first occurs.

[59 FR 16288, Apr. 6, 1994, as amended at 59 FR 48501, Sept. 21, 1994]



Sec. 86.098-3  Abbreviations.

    (a) The abbreviations in Sec. 86.096-3 continue to apply. The 
abbreviations in this section apply beginning with the 1998 model year.
    (b) The abbreviations of this section apply to this subpart, and 
also to subparts B, E, F, G, K, M, N, and P of this part, and have the 
following meanings:

T D--Dispensed fuel temperature
ABT--Averaging, banking, and trading
HDE--Heavy-duty engine

[62 FR 54716, Oct. 21, 1997]



Sec. 86.098-7  Maintenance of records; submittal of information; 
right of entry.

    Section 86.098-7 includes text that specifies requirements that 
differ from those specified in Sec. Sec. 86.091-7, 86.094-7 and 86.096-
7. Where a paragraph in Sec. 86.091-7, Sec. 86.094-7 or Sec. 86.096-7 
is identical and applicable to Sec. 86.098-7, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.091-7.'' or ``[Reserved]. For guidance see 
Sec. 86.094-7.'' or ``[Reserved]. For guidance see Sec. 86.096-7.''.
    (a) introductory text through (a)(2) [Reserved]. For guidance see 
Sec. 86.091-7.
    (a)(3) [Reserved]. For guidance see Sec. 86.094-7.
    (b)-(c)(2) [Reserved]. For guidance see Sec. 86.091-7.
    (c)(3) [Reserved]. For guidance see Sec. 86.094-7.
    (c)(4)-(d)(1)(v) [Reserved]. For guidance see Sec. 86.091-7.
    (d)(1)(vi)-(d)(2)(iv) [Reserved]. For guidance see Sec. 86.094-7.
    (d)(3)-(g) [Reserved]. For guidance see Sec. 86.091-7.
    (h)(1)-(h)(5) [Reserved]. For guidance see Sec. 86.094-7.
    (h)(6) Voiding a certificate. (i) EPA may void ab initio a 
certificate for a vehicle certified to Tier 0 certification standards or 
to the respective evaporative and/or refueling test procedure and 
accompanying evaporative and/or refueling standards as set forth or 
otherwise referenced in Sec. Sec. 86.098-8, 86.098-9, or 86.098-10 for 
which the manufacturer fails to retain the records required in this 
section or to provide such information to the Administrator upon 
request.
    (h)(6)(ii) to (h)(7)(vi) [Reserved]. For guidance see Sec. 86.096-
7.
    (h)(6)(vii) EPA evaporative/refueling family.

[59 FR 16288, Apr. 6, 1994, as amended at 60 FR 43888, Aug. 23, 1995]

[[Page 494]]



Sec. 86.098-8  Emission standards for 1998 and later model year 
light-duty vehicles.

    Section 86.098-8 includes text that specifies requirements that 
differ from Sec. 86.096-8. Where a paragraph in Sec. 86.096-8 is 
identical and applicable to Sec. 86.098-8, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.096-8.''
    (a)-(b)(5) [Reserved]. For guidance see Sec. 86.096-8.
    (b)(6) Vehicles certified to the refueling standards set forth in 
paragraph (d) of this section are not required to demonstrate compliance 
with the fuel dispensing spitback standards contained in Sec. 86.096-8 
(b)(1)(iii) and (b)(2)(iii): Provided, that they meet the requirements 
of Sec. 86.098-28(f).
    (c) [Reserved]. For guidance see Sec. 86.096-8.
    (d) Refueling emissions from 1998 and later model year gasoline-
fueled and methanol-fueled Otto-cycle and petroleum-fueled and methanol-
fueled diesel-cycle light-duty vehicles shall not exceed the following 
standards. The standards apply equally to certification and in-use 
vehicles.
    (1) Standards--(i) Hydrocarbons (for gasoline-fueled Otto-cycle and 
petroleum-fueled diesel-cycle vehicles). 0.20 gram per gallon (0.053 
gram per liter) of fuel dispensed.
    (ii) Total hydrocarbon equivalent (for methanol-fueled vehicles). 
0.20 gram per gallon (0.053 gram per liter) of fuel dispensed.
    (iii) Hydrocarbons (for liquefied petroleum gas-fueled vehicles). 
0.15 gram per gallon (0.04 gram per liter) of fuel dispensed.
    (iv) Refueling receptacle (for natural gas-fueled vehicles). 
Refueling receptacles on natural gas-fueled vehicles shall comply with 
the receptacle provisions of the ANSI/AGA NGV1 standard-1994 (as 
incorporated by reference in Sec. 86.1).
    (2)(i) The standards set forth in paragraphs (d)(1) (i) and (ii) of 
this section refer to a sample of refueling emissions collected under 
the conditions set forth in subpart B of this part and measured in 
accordance with those procedures.
    (ii) For vehicles powered by petroleum-fueled diesel-cycle engines, 
the provisions set forth in paragraph (d)(1) of this section may be 
waived: Provided, that the manufacturer complies with the provisions of 
Sec. 86.098-28(g).
    (3)(i) A minimum of the percentage shown in table A98-08 of a 
manufacturer's sales of the applicable model year's gasoline- and 
methanol-fueled Otto-cycle and petroleum-fueled and methanol-fueled 
diesel-cycle light-duty vehicles shall be tested under the procedures in 
subpart B of this part indicated for 1998 and later model years, and 
shall not exceed the standards described in paragraph (d)(1) of this 
section. Vehicles certified in accordance with paragraph (d)(2)(ii) of 
this section, as determined by the provisions of Sec. 86.098-28(g), 
shall not be counted in the calculation of the percentage of compliance.

 Table A98-08--Implementation Schedule for Light-Duty Vehicle Refueling
                            Emission Testing
------------------------------------------------------------------------
                                                                Sales
                         Model year                           percentage
------------------------------------------------------------------------
1998.......................................................           40
1999.......................................................           80
2000 and subsequent........................................          100
------------------------------------------------------------------------

    (ii) Small volume manufacturers, as defined in Sec. 86.094-14(b) 
(1) and (2), are exempt from the implementation schedule of table A98-08 
of this section for model years 1998 and 1999. For small volume 
manufacturers, the standards of paragraph (d) of this section, and the 
associated test procedures, shall not apply until model year 2000, when 
100 percent compliance with the standards of this section is required. 
This exemption does not apply to small volume engine families as defined 
in Sec. 86.094-14(b)(5).
    (e)-(f) [Reserved]
    (g)-(k) [Reserved]. For guidance see Sec. 86.096-8.

[59 FR 16289, Apr. 6, 1994, as amended at 59 FR 48501, Sept. 21, 1994]



Sec. 86.098-10  Emission standards for 1998 and later model year 
Otto-cycle heavy-duty engines and vehicles.

    Section 86.098-10 includes text that specifies requirements that 
differ from Sec. 86.096-10. Where a paragraph in Sec. 86.096-10 is 
identical and applicable to

[[Page 495]]

Sec. 86.098-10, this may be indicated by specifying the corresponding 
paragraph and the statement ``[Reserved]. For guidance see Sec. 86.096-
10.''
    (a)(1) Except as provided for 2003 and 2004 model years in 
Sec. Sec. 86.005-10(f) and 86.1816-05, exhaust emissions from new 1998 
and later model year Otto-cycle heavy-duty engines shall not exceed:
    (i) For Otto-cycle heavy-duty engines fueled with either gasoline or 
liquefied petroleum gas, and intended for use in all vehicles except as 
provided in paragraph (a)(3) of this paragraph.
    (A) Hydrocarbons. 1.1 grams per brake horsepower-hour (0.41 gram per 
megajoule), as measured under transient operating conditions.
    (B) Carbon monoxide. (1) 14.4 grams per brake horsepower-hour (5.36 
grams per megajoule), as measured under transient operating conditions.
    (2) For Otto-cycle heavy-duty engines fueled with either gasoline or 
liquefied petroleum gas and utilizing aftertreatment technology: 0.50 
percent of exhaust gas flow at curb idle.
    (C) Oxides of nitrogen (1) 4.0 grams per brake horsepower-hour (1.49 
grams per megajoule), as measured under transient operating conditions.
    (2) A manufacturer may elect to include any or all of its gasoline-
fueled Otto-cycle HDE families in any or all of the NOX or 
NOX plus NMHC ABT programs for HDEs, within the restrictions 
described in Sec. 86.098-15 as applicable. If the manufacturer elects 
to include engine families in any of these programs, the NOX 
FELs may not exceed 5.0 grams per brake horsepower-hour (1.9 grams per 
megajoule). This ceiling value applies whether credits for the family 
are derived from averaging, trading or banking programs.
    (3) A manufacturer may elect to include any or all of its liquified 
petroleum gas-fueled Otto-cycle HDE families in any or all of the 
NOX or NOX plus NMHC ABT programs for HDEs, within 
the restrictions described in Sec. 86.098-15 as applicable. If the 
manufacturer elects to include engine families in any of these programs, 
the NOX FELs may not exceed 5.0 grams per brake horsepower-
hour (1.9 grams per megajoule). This ceiling value applies whether 
credits for the family are derived from averaging, trading or banking 
programs.
    (ii) For Otto-cycle heavy-duty engines fueled with either gasoline 
or liquefied petroleum gas, and intended for use only in vehicles with a 
Gross Vehicle Weight Rating of greater than 14,000 pounds.
    (A) Hydrocarbons. 1.9 grams per brake horsepower-hour (0.71 gram per 
megajoule), as measured under transient operating conditions.
    (B) Carbon Monoxide. (1) 37.1 grams per brake horsepower-hour (13.8 
grams per megajoule), as measured under transient operating conditions.
    (2) For Otto-cycle heavy-duty engines fueled with either gasoline or 
liquefied petroleum gas and utilizing aftertreatment technology: 0.50 
percent of exhaust gas flow at curb idle.
    (C) Oxides of nitrogen (1) 4.0 grams per brake horsepower-hour (1.49 
grams per megajoule), as measured under transient operating conditions.
    (2) A manufacturer may elect to include any or all of its gasoline-
fueled Otto-cycle HDE families in any or all of the NOX or 
NOX plus NMHC ABT programs for HDEs, within the restrictions 
described in Sec. 86.098-15 as applicable. If the manufacturer elects 
to include engine families in any of these programs, the NOX 
FELs may not exceed 5.0 grams per brake horsepower-hour (1.9 grams per 
megajoule). This ceiling value applies whether credits for the family 
are derived from averaging, trading or banking programs.
    (3) A manufacturer may elect to include any or all of its liquified 
petroleum gas-fueled Otto-cycle HDE families in any or all of the 
NOX or NOX plus NMHC ABT programs for HDEs, within 
the restrictions described in Sec. 86.098-15 as applicable. If the 
manufacturer elects to include engine families in any of these programs, 
the NOX FELs may not exceed 5.0 grams per brake horsepower-
hour (1.9 grams per megajoule). This ceiling value applies whether 
credits for the family are derived from averaging, trading or banking 
programs.
    (iii) For methanol-fueled Otto cycle heavy-duty engines intended for 
use in all vehicles, except as provided in paragraph (a)(3) of this 
section.
    (A) Total Hydrocarbon Equivalent. 1.1 gram per brake horsepower-hour 
(0.41

[[Page 496]]

gram per megajoule), as measured under transient operating conditions.
    (B) Carbon monoxide. (1) 14.4 grams per brake horsepower-hour (5.36 
grams per megajoule), as measured under transient operating conditions.
    (2) 0.50 percent of exhaust gas flow at curb idle.
    (C) Oxides of nitrogen. (1) 4.0 grams per brake horsepower-hour 
(1.49 grams per megajoule), as measured under transient operating 
conditions.
    (2) A manufacturer may elect to include any or all of its methanol-
fueled Otto-cycle HDE families in any or all of the NOX or 
NOX plus NMHC ABT programs for HDEs, within the restrictions 
described in Sec. 86.098-15 as applicable. If the manufacturer elects 
to include engine families in any of these programs, the NOX 
FELs may not exceed 5.0 grams per brake horsepower-hour (1.9 grams per 
megajoule). This ceiling value applies whether credits for the family 
are derived from averaging, trading or banking programs.
    (iv) For methanol-fueled Otto-cycle heavy-duty engines intended for 
use only in vehicles with a Gross Vehicle Weight Rating of greater than 
14,000 lbs.
    (A) Total Hydrocarbon Equivalent. 1.9 grams per brake horsepower-
hour (0.71 gram per megajoule), as measured under transient operating 
conditions.
    (B) Carbon monoxide. (1) 37.1 grams per brake horsepower-hour (13.8 
grams per megajoule), as measured under transient operating conditions.
    (2) 0.50 percent of exhaust gas flow at curb idle.
    (C) Oxides of nitrogen. (1) 4.0 grams per brake horsepower-hour 
(1.49 grams per megajoule), as measured under transient operating 
conditions.
    (2) A manufacturer may elect to include any or all of its methanol-
fueled Otto-cycle HDE families in any or all of the NOX or 
NOX plus NMHC ABT programs for HDEs, within the restrictions 
described in Sec. 86.098-15 as applicable. If the manufacturer elects 
to include engine families in any of these programs, the NOX 
FELs may not exceed 5.0 grams per brake horsepower-hour (1.9 grams per 
megajoule). This ceiling value applies whether credits for the family 
are derived from averaging, trading or banking programs.
    (v) For natural gas-fueled Otto-cycle heavy-duty engines intended 
for use in all vehicles except as provided in paragraph (a)(3) of this 
section.
    (A) Nonmethane hydrocarbons. 0.9 gram per brake horsepower-hour 
(0.33 gram per megajoule), as measured under transient operating 
conditions.
    (B) Carbon monoxide. (1) 14.4 grams per brake horsepower-hour (5.36 
grams per megajoule), as measured under transient operating conditions.
    (2) For natural gas-fueled Otto-cycle heavy-duty engines utilizing 
aftertreatment technology. 0.50 percent of exhaust flow at curb idle.
    (C) Oxides of nitrogen. (1) 5.0 grams per brake horsepower-hour (1.9 
grams per megajoule), as measured under transient operating conditions.
    (2) A manufacturer may elect to include any or all of its natural 
gas-fueled Otto-cycle HDE families in any or all of the NOX 
or NOX plus NMHC ABT programs for HDEs, within the 
restrictions described in Sec. 86.098-15 as applicable. If the 
manufacturer elects to include engine families in any of these programs, 
the NOX FELs may not exceed 5.0 grams per brake horsepower-
hour (1.9 grams per megajoule). This ceiling value applies whether 
credits for the family are derived from averaging, trading or banking 
programs.
    (vi) For natural gas-fueled Otto-cycle engines intended for use only 
in vehicles with a Gross Vehicle Weight Rating of greater than 14,000 
pounds.
    (A) Nonmethane hydrocarbons. 1.7 grams per brake horsepower-hour 
(0.63 gram per megajoule), as measured under transient operating 
conditions.
    (B) Carbon monoxide. (1) 37.1 grams per brake horsepower-hour (13.8 
grams per megajoule), as measured under transient operating conditions.
    (2) For natural gas-fueled Otto-cycle heavy-duty engines utilizing 
aftertreatment technology. 0.50 percent of exhaust gas flow at curb 
idle.
    (C) Oxides of nitrogen. (1) 5.0 grams per brake horsepower-hour (1.9 
grams per megajoule), as measured under transient operating conditions.
    (2) A manufacturer may elect to include any or all of its natural 
gas-fueled Otto-cycle HDE families in any or all of the NOX 
or NOX plus NMHC

[[Page 497]]

ABT programs for HDEs, within the restrictions described in Sec. 
86.098-15 as applicable. If the manufacturer elects to include engine 
families in any of these programs, the NOX FELs may not 
exceed 5.0 grams per brake horsepower-hour (1.9 grams per megajoule). 
This ceiling value applies whether credits for the family are derived 
from averaging, trading or banking programs.
    (2) The standards set forth in paragraph (a)(1) of this section 
refer to the exhaust emitted over the operating schedule set forth in 
paragraph (f)(1) of appendix I to this part, and measured and calculated 
in accordance with the procedures set forth in subpart N or P of this 
part.
    (3)(i) A manufacturer may certify one or more Otto-cycle heavy-duty 
engine configurations intended for use in all vehicles to the emission 
standards set forth in paragraphs (a)(1)(ii), (a)(1)(iv) or (a)(1)(vi) 
of this paragraph: Provided, that the total model year sales of such 
configuration(s), segregated by fuel type, being certified to the 
emission standards in paragraph (a)(1)(ii) of this section represent no 
more than five percent of total model year sales of each fuel type Otto-
cycle heavy-duty engine intended for use in vehicles with a Gross 
Vehicle Weight Rating of up to 14,000 pounds by the manufacturer.
    (ii) The configurations certified to the emission standards of 
paragraphs (a)(1) (ii) and (vi) of this section under the provisions of 
paragraph (a)(3)(i) of this section shall still be required to meet the 
evaporative emission standards set forth in paragraphs Sec. 86.096-
10(b)(1)(i), (b)(2)(i) and (b)(3)(i).
    (iii) The configurations certified to the emission standards of 
paragraphs (a)(1) (ii) and (iv) of this section under the provisions of 
paragraphs (a)(3) (i) and (ii) of this section shall still be required 
to meet the evaporative emission standards set forth in paragraphs 
(b)(1)(i), (b)(2)(i), and (b)(3)(i) of this section.
    (b) [Reserved]. For guidance see Sec. 86.096-10.
    (c) No crankcase emissions shall be discharged into the ambient 
atmosphere from any new 1998 or later model year Otto-cycle heavy-duty 
engine.
    (d) Every manufacturer of new motor vehicle engines subject to the 
standards prescribed in this section shall, prior to taking any of the 
actions specified in section 203(a)(1) of the Act, test or cause to be 
tested motor vehicle engines in accordance with applicable procedures in 
subpart N or P of this part to ascertain that such test engines meet the 
requirements of paragraphs (a) and (c) of this section.

[58 FR 15800, Mar. 24, 1993, as amended at 59 FR 48501, Sept. 21, 1994; 
62 FR 54716, Oct. 21, 1997; 65 FR 59955, Oct. 6, 2000]



Sec. 86.098-11  Emission standards for 1998 and later model year 
diesel heavy-duty engines and vehicles.

    (a) Exhaust emissions from new 1998 and later model year diesel 
heavy-duty engines shall not exceed the following:
    (1)(i) Hydrocarbons (for diesel engines fueled with either 
petroleum-fuel or liquefied petroleum gas). 1.3 grams per brake 
horsepower-hour (0.48 gram per megajoule), as measured under transient 
operating conditions.
    (ii) Total Hydrocarbon Equivalent (for methanol-fueled diesel 
engines). 1.3 grams per brake horsepower-hour (0.48 gram per megajoule), 
as measured under transient operating conditions.
    (iii) Nonmethane hydrocarbons (for natural gas-fueled diesel 
engines). 1.2 grams per brake horsepower-hour (0.45 gram per megajoule), 
as measured under transient operating conditions.
    (2) Carbon monoxide. (i) 15.5 grams per brake horsepower-hour (5.77 
grams per megajoule), as measured under transient operating conditions.
    (ii) 0.50 percent of exhaust gas flow at curb idle (methanol-, 
natural gas-, and liquefied petroleum gas-fueled diesel only).
    (3) Oxides of Nitrogen. (i) 4.0 grams per brake horsepower-hour 
(1.49 grams per megajoule), as measured under transient operating 
conditions.
    (ii) A manufacturer may elect to include any or all of its diesel 
HDE families in any or all of the NOX or NOX plus 
NMHC ABT programs for HDEs, within the restrictions described in Sec. 
86.098-15 as applicable. If the manufacturer elects to include engine 
families in any of these programs, the NOX FELs may not 
exceed 5.0 grams per brake horsepower-hour (1.9 grams per megajoule). 
This ceiling value applies

[[Page 498]]

whether credits for the family are derived from averaging, trading or 
banking programs.
    (4) Particulate. (i) For diesel engines to be used in urban buses, 
0.05 gram per brake horsepower-hour (0.019 gram per megajoule) for 
certification testing and selective enforcement audit testing, and 0.07 
gram per brake horsepower-hour (0.026 gram per megajoule) for in-use 
testing, as measured under transient operating conditions.
    (ii) For all other diesel engines only, 0.10 gram per brake 
horsepower-hour (0.037 gram per megajoule), as measured under transient 
operating conditions.
    (iii) A manufacturer may elect to include any or all of its diesel 
HDE families in any or all of the particulate ABT programs for HDEs, 
within the restrictions described in Sec. 86.098-15 as applicable. If 
the manufacturer elects to include engine families in any of these 
programs, the particulate FEL may not exceed:
    (A) For engine families intended for use in urban buses, 0.25 gram 
per brake horsepower-hour (0.093 gram per megajoule).
    (B) For engine families not intended for use in urban buses, 0.60 
gram per brake horsepower-hour (0.22 gram per megajoule).
    (C) The ceiling values in paragraphs (a)(4)(iii) (A) and (B) of this 
section apply whether credits for the family are derived from averaging, 
trading or banking programs.
    (b)(1) The opacity of smoke emission from new 1998 and later model 
year diesel heavy-duty engine shall not exceed:
    (i) 20 percent during the engine acceleration mode.
    (ii) 15 percent during the engine lugging mode.
    (iii) 50 percent during the peaks in either mode.
    (2) The standards set forth in paragraph (b)(1) of this section 
refer to exhaust smoke emissions generated under the conditions set 
forth in subpart I of this part and measured and calculated in 
accordance with those procedures.
    (3) Evaporative emissions (total of non-oxygenated hydrocarbons plus 
methanol) from heavy-duty vehicles equipped with methanol-fueled diesel 
engines shall not exceed the following standards. The standards apply 
equally to certification and in-use vehicles. The spitback standard also 
applies to newly assembled vehicles.
    (i) For vehicles with a Gross Vehicle Weight Rating of up to 14,000 
lbs:
    (A)(1) For the full three-diurnal test sequence described in Sec. 
86.1230-96, diurnal plus hot soak measurements: 3.0 grams per test.
    (2) For the supplemental two-diurnal test sequence described in 
Sec. 86.1230-96, diurnal plus hot soak measurements: 3.5 grams per 
test.
    (B) Running loss test: 0.05 grams per mile.
    (C) Fuel dispensing spitback test: 1.0 gram per test.
    (ii) For vehicles with a Gross Vehicle Weight Rating of greater than 
14,000 lbs:
    (A)(1) For the full three-diurnal test sequence described in Sec. 
86.1230-96, diurnal plus hot soak measurements: 4.0 grams per test.
    (2) For the supplemental two-diurnal test sequence described in 
Sec. 86.1230-96, diurnal plus hot soak measurements: 4.5 grams per 
test.
    (B) Running loss test: 0.05 grams per mile.
    (iii)(A) For vehicles with a Gross Vehicle Weight Rating of up to 
26,000 lbs, the standards set forth in paragraph (b)(3) of this section 
refer to a composite sample of evaporative emissions collected under the 
conditions and measured in accordance with the procedures set forth in 
subpart M of this part. For certification vehicles only, manufacturers 
may conduct testing to quantify a level of nonfuel background emissions 
for an individual test vehicle. Such a demonstration must include a 
description of the source(s) of emissions and an estimated decay rate. 
The demonstrated level of nonfuel background emissions may be subtracted 
from emission test results from certification vehicles if approved in 
advance by the Administrator.
    (B) For vehicles with a Gross Vehicle Weight Rating of greater than 
26,000 lbs., the standards set forth in paragraph (b)(3)(ii) of this 
section refer to the manufacturer's engineering design evaluation using 
good engineering

[[Page 499]]

practice (a statement of which is required in Sec. 86.091-
23(b)(4)(ii)).
    (iv) All fuel vapor generated during in-use operations shall be 
routed exclusively to the evaporative control system (e.g., either 
canister or engine purge). The only exception to this requirement shall 
be for emergencies.
    (v)(A) At least 90 percent of a manufacturer's sales of 1998 model 
year heavy-duty vehicles equipped with methanol-fueled diesel engines 
shall not exceed the standards described in paragraph (b)(3) of this 
section. The remaining vehicles shall be subject to the standards 
described in Sec. 86.094-11(b)(3). All 1999 model year and later heavy-
duty vehicles equipped with methanol-fueled diesel engines shall not 
exceed the standards described in paragraph (b)(3) of this section.
    (B) Optionally, 90 percent of a manufacturer's combined sales of 
1998 model year gasoline- and methanol-fueled light-duty vehicles, 
light-duty trucks, and heavy-duty vehicles shall not exceed the 
applicable standards.
    (C) Small volume manufacturers, as defined in Sec. 86.092-14(b) (1) 
and (2), are exempt from the phase-in described in paragraph 
(b)(3)(v)(A) of this section. For small volume manufacturers, the 
standards of Sec. 86.094-11(b)(3), and the associated test procedures, 
apply for the 1998 model year. Beginning in the 1999 model year, 100 
percent compliance with the standards of this section is required. This 
exemption does not apply to small volume engine families as defined in 
Sec. 86.092-14(b)(5).
    (4) Evaporative emissions from 1998 and later model year heavy-duty 
vehicles equipped with natural gas-fueled or liquefied petroleum gas-
fueled heavy-duty engines shall not exceed the following standards. The 
standards apply equally to certification and in-use vehicles.
    (i) For vehicles with a Gross Vehicle Weight Rating of up to 14,000 
pounds for the full three-diurnal test sequence described in Sec. 
86.1230-96, diurnal plus hot soak measurements: 3.0 grams per test.
    (ii) For vehicles with a Gross Vehicle Weight Rating of greater than 
14,000 pounds for the full three-diurnal test sequence described in 
Sec. 86.1230-96, diurnal plus hot soak measurements: 4.0 grams per 
test.
    (iii)(A) For vehicles with a Gross Vehicle Weight Rating of up to 
26,000 pounds, the standards set forth in paragraph (b)(4) of this 
section refer to a composite sample of evaporative emissions collected 
under the conditions set forth in subpart M of this part and measured in 
accordance with those procedures.
    (B) For vehicles with a Gross Vehicle Weight Rating greater than 
26,000 lbs, the standards set forth in paragraphs (b)(3)(ii) and 
(b)(4)(ii) of this section refer to the manufacturer's engineering 
design evaluation using good engineering practice (a statement of which 
is required in Sec. 86.091-23(b)(4)(ii)).
    (c) No crankcase emissions shall be discharged into the ambient 
atmosphere from any new 1998 or later model year methanol-, natural gas-
, or liquefied petroleum gas-fueled diesel, or any naturally-aspirated 
diesel heavy-duty engine. For petroleum-fueled engines only, this 
provision does not apply to engines using turbochargers, pumps, blowers, 
or superchargers for air induction.
    (d) Every manufacturer of new motor vehicle engines subject to the 
standards prescribed in this section shall, prior to taking any of the 
actions specified in section 203(a)(1) of the Act, test or cause to be 
tested motor vehicle engines in accordance with applicable procedures in 
subpart I or N of this part to ascertain that such test engines meet the 
requirements of paragraphs (a), (b), (c), and (d) of this section.

[58 FR 15801, Mar. 24, 1993, as amended at 58 FR 34536, June 28, 1993; 
59 FR 48502, Sept. 21, 1994; 60 FR 43888, Aug. 23, 1995; 62 FR 54716, 
Oct. 21, 1997]



Sec. 86.098-14  Small-volume manufacturers certification procedures.

    Section 86.098-14 includes text that specifies requirements that 
differ from Sec. Sec. 86.094-14 or 86.095-14. Where a paragraph in 
Sec. 86.094-14 or Sec. 86.095-14 is identical and applicable to Sec. 
86.098-14, this may be indicated by specifying the corresponding 
paragraph and the statement ``[Reserved]. For guidance see Sec. 86.094-
14.'' or ``[Reserved]. For guidance see Sec. 86.095-14.''.
    (a)-(c)(7)(i)(C)(3) [Reserved]. For guidance see Sec. 86.094-14.

[[Page 500]]

    (c)(7)(i)(C)(4) For light-duty vehicle, light-duty truck, and heavy-
duty vehicle evaporative and/or refueling emissions (as applicable) and 
for light-duty truck, and heavy-duty engine exhaust emissions, 
deterioration factors shall be determined in accordance with Sec. 
86.098-24.
    (c)(7)(ii)-(c)(11)(ii)(B) introductory text [Reserved]. For guidance 
see Sec. 86.094-14.
    (c)(11)(ii)(B)(1) Engine evaporative/refueling family names and 
vehicle (or engine) configurations.
    (c)(11)(ii)(B)(2)-(c)(11)(ii)(B)(15) [Reserved]. For guidance see 
Sec. 86.094-14.
    (c)(11)(ii)(B)(16)-(c)(11)(ii)(B)(18) [Reserved]. For guidance see 
Sec. 86.095-14.
    (c)(11)(ii)(B)(19) For each light-duty vehicle, light-duty truck, or 
heavy-duty vehicle evaporative/refueling emission family, a description 
of any unique procedures required to perform evaporative and/or 
refueling emission tests (as applicable) (including canister working 
capacity, canister bed volume, and fuel temperature profile for the 
running loss test) for all vehicles in that evaporative/refueling 
emission family, and a description of the method used to develop those 
unique procedures.
    (20) For each light-duty vehicle, light-duty truck, or heavy-duty 
vehicle evaporative/refueling emission family:
    (i) Canister working capacity, according to the procedures specified 
in Sec. 86.132-96(h)(1)(iv);
    (ii) Canister bed volume; and
    (iii) Fuel temperature profile for the running loss test, according 
to the procedures specified in Sec. 86.129-94(d).
    (c)(11)(ii)(C)-(c)(11)(ii)(D)(5) [Reserved]. For guidance see Sec. 
86.095-14.
    (c)(11)(ii)(D)(6) [Reserved].
    (c)(11)(ii)(D)(7)-(c)(15) [Reserved]. For guidance see Sec. 86.094-
14.

[59 FR 16289, Apr. 6, 1994]



Sec. 86.098-15  NOX and particulate averaging, trading, and banking for 
heavy-duty engines.

    Section 86.098-15 includes text that specifies requirements that 
differ from Sec. 86.094-15. Where a paragraph in Sec. 86.094-15 is 
identical and applicable to Sec. 86.098-15, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.094-15.''
    (a)-(b) [Reserved]. For guidance see Sec. 86.094-15.
    (c)(1) For each participating engine family, NOX and 
particulate emission credits (positive or negative) are to be calculated 
according to one of the following equations and rounded, in accordance 
with ASTM E29-93a, to the nearest one-tenth of a Megagram (MG). 
Consistent units are to be used throughout the equation.
    (i) For determining credit need for all engine families and credit 
availability for engine families generating credits for averaging 
programs only:

Emission credits = (Std-FEL) x (CF) x (UL) x (Production) x 
    (10-6)

    (ii) For determining credit availability for engine families 
generating credits for trading or banking programs:

Emission credits = (Std-FEL) x (CF) x (UL) x (Production) x 
    (10-6) x (Discount)

    (iii) For purposes of the equations in paragraphs (c)(1)(i) and (ii) 
of this section:

Std = the current and applicable heavy-duty engine NOX or 
particulate emission standard in grams per brake horsepower hour or 
grams per Megajoule.
FEL = the NOX or particulate family emission limit for the 
engine family in grams per brake horsepower hour or grams per Megajoule.
CF = a transient cycle conversion factor in BHP-hr/mi or MJ/mi, as given 
in paragraph (c)(2) of this section.
UL = the useful life, or alternative life as described in paragraph (f) 
of Sec. 86.094-21, for the given engine family in miles.
Production = the number of engines produced for U.S. sales within the 
given engine family during the model year. Quarterly production 
projections are used for initial certification. Actual production is 
used for end-of-year compliance determination.
Discount = a one-time discount applied to all credits to be banked or 
traded within the model year generated. The discount applied here is 
0.8. Banked credits traded in a subsequent model year will not be 
subject to an additional discount. Banked credits used in a subsequent 
model year's averaging program will not have the discount restored.


[[Page 501]]


    (2)(i) The transient cycle conversion factor is the total 
(integrated) cycle brake horsepower-hour or Megajoules, divided by the 
equivalent mileage of the applicable transient cycle. For Otto-cycle 
heavy-duty engines, the equivalent mileage is 6.3 miles. For diesel 
heavy-duty engines, the equivalent mileage is 6.5 miles.
    (ii) When more than one configuration is chosen by EPA to be tested 
in the certification of an engine family (as described in Sec. 86.085-
24), the conversion factor used is to be based upon a production 
weighted average value of the configurations in an engine family to 
calculate the conversion factor.
    (d)-(i) [Reserved]. For guidance see Sec. 86.094-15.
    (j) Optional program for early banking. Provisions set forth in 
paragraphs (a) through (i) of this section apply except as specifically 
stated otherwise in paragraph (j) of this section.
    (1) To be eligible for the optional program described in paragraph 
(j) of this section, the following must apply:
    (i) Credits are generated from diesel cycle heavy-duty engines.
    (ii) During certification, the manufacturer shall declare its intent 
to include specific engine families in the program described in this 
paragraph (j). Separate declarations are required for each program and 
no engine families may be included in both programs in the same model 
year.
    (2) Credit generation and use. (i) Credits shall only be generated 
by 1998 and later model year engine families.
    (ii) Credits may only be used for 2004 and later model year heavy-
duty diesel engines. When used with 2004 and later model year engines, 
NOX credits may be used to meet the NOX plus NMHC 
standard, except as otherwise provided in Sec. 86.004-11(a)(1)(i)(D).
    (iii) If a manufacturer chooses to use credits generated under 
paragraph (j) of this section prior to model year 2004, the averaging, 
trading, and banking of such credits shall be governed by the program 
provided in paragraphs (a) through (i) of this section and shall be 
subject to all discounting, credit life limits and all other provisions 
contained therein. In the case where the manufacturer can demonstrate 
that the credits were discounted under the program provided in paragraph 
(j) of this section, that discount may be accounted for in the 
calculation of credits described in paragraph (c) of this section.
    (3) Program flexibilities. (i) NOX and PM credits that 
are banked until model year 2004 under this paragraph (j) may be used in 
2004 or any model year thereafter without being forfeited due to credit 
age. This supersedes the requirement in paragraph (f)(2)(i) of this 
section.
    (ii) There are no regional category restraints for averaging, 
trading, and banking of credits generated under the program described in 
paragraph (j) of this section. This supersedes the regional category 
provisions described in the opening text of paragraphs (d) and (e) of 
this section.
    (iii) Credit discounting. (A) For NOX and PM credits 
generated under this paragraph (j) from engine families with 
NOX certification levels greater than 3.5 grams per brake 
horsepower-hour for oxides of nitrogen, a Discount value of 0.9 shall be 
used in place of 0.8 in the credit availability equation in paragraph 
(c)(1) of this section.
    (B) For NOX and PM credits generated under this paragraph 
(j) from engine families with NOx certification levels less than or 
equal to 3.5 grams per brake horsepower-hour for oxides of nitrogen, a 
Discount value of 1.0 shall be used in place of 0.8 in the credit 
availability equation in paragraph (c)(1) of this section.
    (iv) Credit apportionment. At the manufacturers option, credits 
generated under the provisions described in this section may be sold to 
or otherwise provided to another party for use in programs other than 
the averaging, trading and banking program described in this section.
    (A) The manufacturer shall pre-identify two emission levels per 
engine family for the purposes of credit apportionment. One emission 
level shall be the FEL and the other shall be the level of the standard 
that the engine family is required to certify to under Sec. 86.098-11. 
For each engine family, the manufacturer may report engine sales in two 
categories, ``ABT-only credits'' and ``nonmanufacturer-owned credits''.

[[Page 502]]

    (1) For engine sales reported as ``ABT-only credits'', the credits 
generated must be used solely in the ABT program described in this 
section.
    (2) The engine manufacturer may declare a portion of engine sales 
``nonmanufacturer-owned credits'' and this portion of the credits 
generated between the standard and the FEL, based on the calculation in 
paragraph (c)(1) of this section, would belong to another party. For 
ABT, the manufacturer may not generate any credits for the engine sales 
reported as ``nonmanufacturer-owned credits''. Engines reported as 
``nonmanufacturer-owned credits'' shall comply with the FEL and the 
requirements of the ABT program in all other respects.
    (B) Only manufacturer-owned credits reported as ``ABT-only credits'' 
shall be used in the averaging, trading, and banking provisions 
described in this section.
    (C) Credits shall not be double-counted. Credits used in the ABT 
program may not be provided to an engine purchaser for use in another 
program.
    (D) Manufacturers shall determine and state the number of engines 
sold as ``ABT-only credits'' and ``nonmanufacturer-owned credits'' in 
the end-of-model year reports required under Sec. 86.098-23.

[62 FR 54716, Oct. 21, 1997]



Sec. 86.098-17  Emission control diagnostic system for 1998 and later 
light-duty vehicles and light-duty trucks.

    Section 86.098-17 includes text that specifies requirements that 
differ from Sec. 86.094-17. Where a paragraph in Sec. 86.094-17 is 
identical and applicable to Sec. 86.098-17, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.094-17.''
    (a) introductory text through (a)(3) [Reserved]. For guidance see 
Sec. 86.094-17.
    (a)(4) Any other deterioration or malfunction within the powertrain 
which occurs in actual use and which results in an exhaust emission 
increase of greater than 0.2 g/mi HC, 1.7 g/mi CO, or 0.5 g/mi 
NOX. or any vapor leak in the evaporative and/or refueling 
system which results in an evaporative emissions increase of greater 
than 30.0 g/test measured over the first 24 hours of the diurnal portion 
of the revised evaporative emissions test procedure, in accordance with 
test procedures set forth in subpart B of this part, for vehicles 
certified to that test procedure.
    (b)(1) The electronic evaporative and/or refueling emission purge 
control, if equipped, and all emission-related powertrain components 
connected to a computer shall, at a minimum, be monitored for circuit 
continuity. All components required by these regulations to be monitored 
shall be evaluated periodically, but no less frequently than once per 
Urban Dynamometer Driving Schedule as defined in 40 CFR part 86, 
appendix I, paragraph (a), or similar trip.
    (b)(2)-(i) [Reserved]. For guidance see Sec. 86.094-17.
    (j) Demonstration of compliance with California OBD II requirements 
(Title 13 California Code Sec. 1968.1), as modified pursuant to 
California Mail Out 97-24 (December 9, 1997), shall satisfy the 
requirements of this section, except that compliance with Title 13 
California Code Secs. 1968.1(b)(4.2.2), pertaining to evaporative leak 
detection, and 1968.1(d), pertaining to tampering protection, are not 
required to satisfy the requirements of this section.

[59 FR 16289, Apr. 6, 1994, as amended at 63 FR 70694, Dec. 22, 1998]



Sec. 86.098-21  Application for certification.

    Section 86.098-21 includes text that specifies requirements that 
differ from Sec. 86.094-21 or Sec. 86.096-21. Where a paragraph in 
Sec. 86.094-21 or Sec. 86.096-21 is identical and applicable to Sec. 
86.098-21, this may be indicated by specifying the corresponding 
paragraph and the statement ``[Reserved]. For guidance see Sec. 86.094-
21.'' or ``[Reserved]. For guidance see Sec. 86.096-21.''.
    (a)-(b)(3) [Reserved]. For guidance see Sec. 86.094-21.
    (b)(4)(i) For light-duty vehicles and light-duty trucks, a 
description of the test procedures to be used to establish the 
evaporative emission and/or refueling emission deterioration factors (as 
applicable) required to be determined and supplied in Sec. 86.098-
23(b)(2).

[[Page 503]]

    (b)(4)(ii)-(iv) [Reserved]. For guidance see Sec. 86.094-21.
    (b)(5)(v) For light-duty vehicles with non-integrated refueling 
emission control systems, the number of continuous UDDS cycles, 
determined from the fuel economy on the UDDS applicable to the test 
vehicle of that evaporative/refueling emission family-emission control 
system combination, required to use a volume of fuel equal to 85% of 
fuel tank volume.
    (b)(6)-(8) [Reserved]. For guidance see Sec. 86.094-21.
    (b)(9) For each light-duty vehicle, light-duty truck, or heavy-duty 
vehicle evaporative/refueling emission family, a description of any 
unique procedures required to perform evaporative and/or refueling 
emission tests (as applicable) (including canister working capacity, 
canister bed volume, and fuel temperature profile for the running loss 
test) for all vehicles in that evaporative/refueling emission family, 
and a description of the method used to develop those unique procedures.
    (10) For each light-duty vehicle, light-duty truck, or heavy-duty 
vehicle evaporative/refueling emission family:
    (i) Canister working capacity, according to the procedures specified 
in Sec. 86.132-96(h)(1)(iv);
    (ii) Canister bed volume; and
    (iii) Fuel temperature profile for the running loss test, according 
to the procedures specified in Sec. 86.129-94(d).
    (c)-(j) [Reserved]. For guidance see Sec. 86.094-21.
    (k)-(l) [Reserved]. For guidance see Sec. 86.096-21.

[59 FR 16290, Apr. 6, 1994, as amended at 60 FR 34335, June 30, 1995]



Sec. 86.098-22  Approval of application for certification; test fleet 
selections; determinations of parameters subject to adjustment for 

certification and Selective Enforcement Audit, adequacy of limits, and 
physically adjustable ranges.

    Section 86.098-22 includes text that specifies requirements that 
differ from Sec. 86.094-22. Where a paragraph in Sec. 86.094-22 is 
identical and applicable to Sec. 86.098-22, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.094-22.''
    (a)-(c) [Reserved]. For guidance see Sec. 86.094-22.
    (d) Approval of test procedures. (1) The Administrator does not 
approve the test procedures for establishing the evaporative and/or 
refueling emission deterioration factors for light-duty vehicles and 
light-duty trucks. The manufacturer shall submit the procedures as 
required in Sec. 86.098-21(b)(4)(i) prior to the Administrator's 
selection of the test fleet under Sec. 86.098-24(b) (1), and if such 
procedures will involve testing of durability data vehicles selected by 
the Administrator or elected by the manufacturer under Sec. 86.098-
24(c)(1), prior to initiation of such testing.
    (d)(2)-(g) [Reserved]. For guidance see Sec. 86.094-22.

[59 FR 16290, Apr. 6, 1994]



Sec. 86.098-23  Required data.

    Section 86.098-23 includes text that specifies requirements that 
differ from Sec. 86.095-23. Where a paragraph in Sec. 86.095-23 is 
identical and applicable to Sec. 86.098-23, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.095-23.''
    (a) The manufacturer shall perform the tests required by the 
applicable test procedures and submit to the Administrator the 
information described in paragraphs (b) through (m) of this section, 
provided, however, that if requested by the manufacturer, the 
Administrator may waive any requirement of this section for testing of a 
vehicle (or engine) for which emission data are available or will be 
made available under the provisions of Sec. 86.091-29.
    (b) Durability data. (1)(i) The manufacturer shall submit exhaust 
emission durability data on such light-duty vehicles tested in 
accordance with applicable test procedures and in such numbers as 
specified, which will show the performance of the systems installed on 
or incorporated in the vehicle for extended mileage, as well as a record 
of all pertinent maintenance performed on the test vehicles.
    (ii) The manufacturer shall submit exhaust emission deterioration 
factors for light-duty trucks and HDEs and all test data that are 
derived from the testing described under Sec. 86.094-

[[Page 504]]

21(b)(5)(i)(A), as well as a record of all pertinent maintenance. Such 
testing shall be designed and conducted in accordance with good 
engineering practice to assure that the engines covered by a certificate 
issued under Sec. 86.098-30 will meet each emission standard (or family 
emission limit, as appropriate) in Sec. 86.094-9, Sec. 86.098-10, 
Sec. 86.098-11 or superseding emissions standards sections as 
appropriate, in actual use for the useful life applicable to that 
standard.
    (b)(2) For light-duty vehicles and light-duty trucks, the 
manufacturer shall submit evaporative emission and/or refueling emission 
deterioration factors for each evaporative/refueling emission family-
emission control system combination and all test data that are derived 
from testing described under Sec. 86.098-21(b)(4)(i) designed and 
conducted in accordance with good engineering practice to assure that 
the vehicles covered by a certificate issued under Sec. 86.098-30 will 
meet the evaporative and/or refueling emission standards in Sec. 
86.098-8 or Sec. 86.098-9, as appropriate, for the useful life of the 
vehicle.
    (3) For heavy-duty vehicles equipped with gasoline-fueled or 
methanol-fueled engines, the manufacturer shall submit evaporative 
emission deterioration factors for each evaporative emission family-
evaporative emission control system combination identified in accordance 
with Sec. 86.094-21(b)(4)(ii). Furthermore, a statement that the test 
procedure(s) used to derive the deterioration factors includes, but need 
not be limited to, a consideration of the ambient effects of ozone and 
temperature fluctuations, and the service accumulation effects of 
vibration, time, and vapor saturation and purge cycling. The 
deterioration factor test procedure shall be designed and conducted in 
accordance with good engineering practice to assure that the vehicles 
covered by a certificate issued under Sec. 86.098-30 will meet the 
evaporative emission standards in Sec. Sec. 86.096-10 and 86.098-11 or 
superseding emissions standards sections as applicable in actual use for 
the useful life of the engine. Furthermore, a statement that a 
description of the test procedure, as well as all data, analyses, and 
evaluations, is available to the Administrator upon request.
    (4)(i) For heavy-duty vehicles with a Gross Vehicle Weight Rating of 
up to 26,000 lbs and equipped with gasoline-fueled or methanol-fueled 
engines, the manufacturer shall submit a written statement to the 
Administrator certifying that the manufacturer's vehicles meet the 
standards of Sec. 86.098-10 or Sec. 86.098-11 or superseding emissions 
standards sections as applicable as determined by the provisions of 
Sec. 86.098-28. Furthermore, the manufacturer shall submit a written 
statement to the Administrator that all data, analyses, test procedures, 
evaluations, and other documents, on which the requested statement is 
based, are available to the Administrator upon request.
    (ii) For heavy-duty vehicles with a Gross Vehicle Weight Rating of 
greater than 26,000 lbs and equipped with gasoline-fueled or methanol-
fueled engines, the manufacturer shall submit a written statement to the 
Administrator certifying that the manufacturer's evaporative emission 
control systems are designed, using good engineering practice, to meet 
the standards of Sec. 86.096-10 or Sec. 86.098-11 or superseding 
emissions standards sections as applicable as determined by the 
provisions of Sec. 86.098-28. Furthermore, the manufacturer shall 
submit a written statement to the Administrator that all data, analyses, 
test procedures, evaluations, and other documents, on which the 
requested statement is based, are available to the Administrator upon 
request.
    (b)(4)(iii) For petroleum-fueled diesel-cycle vehicles certifying 
under the waiver provisions of Sec. 86.098-28, the certifications and 
representations specified in Sec. 86.098-28.
    (c)(1) [Reserved]. For guidance see Sec. 86.095-23.
    (c)(2) Certification engines. (i) The manufacturer shall submit 
emission data on such engines tested in accordance with applicable 
emission test procedures of this subpart and in such numbers as 
specified. These data shall include zero-hour data, if generated, and 
emission data generated for certification as required under Sec. 
86.098-26(c)(4). These data shall also include, where there is a 
combined standard (e.g., NMHC + NOX), emissions data for

[[Page 505]]

the individual pollutants as well as for the pollutants when combined. 
In lieu of providing emission data on idle CO emissions or particulate 
emissions from methanol-fueled diesel-cycle certification engines, or on 
CO emissions from petroleum-fueled or methanol-fueled diesel 
certification engines the Administrator may, on request of the 
manufacturer, allow the manufacturer to demonstrate (on the basis of 
previous emission tests, development tests, or other information) that 
the engine will conform with the applicable emission standards of Sec. 
86.094-11 or superseding emissions standards sections as applicable. In 
lieu of providing emission data on smoke emissions from methanol-fueled 
or petroleum-fueled diesel certification engines, the Administrator may, 
on the request of the manufacturer, allow the manufacturer to 
demonstrate (on the basis of previous emission tests, development tests, 
or other information) that the engine will conform with the applicable 
emissions standards of Sec. 86.098-11 or superseding emissions 
standards sections as applicable, except for engines with a particulate 
matter certification level exceeding 0.25 grams per brake horsepower-
hour. In lieu of providing emissions data on smoke emissions from 
petroleum-fueled or methanol-fueled diesel engines when conducting 
Selective Enforcement Audit testing under 40 CFR part 86, subpart K, the 
Administrator may, on separate request of the manufacturer, allow the 
manufacturer to demonstrate (on the basis of previous emission tests, 
development tests, or other information) that the engine will conform 
with the applicable smoke emissions standards of Sec. 86.098-11 or 
superseding emissions standards sections as applicable, except for 
engines with a particulate matter certification level exceeding 0.25 
grams per brake horsepower-hour.
    (ii) For heavy-duty diesel engines, a manufacturer may submit hot-
start data only, in accordance with subpart N of this part, when making 
application for certification. However, for confirmatory, Selective 
Enforcement Audit, and recall testing by the Agency, both the cold-start 
and hot-start test data, as specified in subpart N of this part, will be 
included in the official results.
    (d) The manufacturer shall submit a statement that the vehicles (or 
engines) for which certification is requested conform to the 
requirements in Sec. 86.090-5(b), and that the descriptions of tests 
performed to ascertain compliance with the general standards in Sec. 
86.090-5(b), and that the data derived from such tests, are available to 
the Administrator upon request.
    (e)(1) The manufacturer shall submit a statement that the test 
vehicles (or test engines) for which data are submitted to demonstrate 
compliance with the applicable standards (or family emission limits, as 
appropriate) of this subpart are in all material respects as described 
in the manufacturer's application for certification, that they have been 
tested in accordance with the applicable test procedures utilizing the 
fuels and equipment described in the application for certification, and 
that on the basis of such tests the vehicles (or engines) conform to the 
requirements of this part. If such statements cannot be made with 
respect to any vehicle (or engine) tested, the vehicle (or engine) shall 
be identified, and all pertinent data relating thereto shall be supplied 
to the Administrator. If, on the basis of the data supplied and any 
additional data as required by the Administrator, the Administrator 
determines that the test vehicles (or test engine) were not as described 
in the application for certification or were not tested in accordance 
with the applicable test procedures utilizing the fuels and equipment as 
described in the application for certification, the Administrator may 
make the determination that the vehicle (or engine) does not meet the 
applicable standards (or family emission limits, as appropriate). The 
provisions of Sec. 86.098-30(b) shall then be followed.
    (2) For evaporative and refueling emission durability, or light-duty 
truck or HDE exhaust emission durability, the manufacturer shall submit 
a statement of compliance with paragraph (b)(1)(ii),(b)(2), (b)(3) or 
(b)(4) of this section, as applicable.
    (3) For certification of vehicles with non-integrated refueling 
systems, a statement that the drivedown used to

[[Page 506]]

purge the refueling canister was the same as described in the 
manufacturers' application for certification. Furthermore, a description 
of the procedures used to determine the number of equivalent UDDS miles 
required to purge the refueling canisters, as determined by the 
provisions of Sec. 86.098-21(b)(5)(v) and subpart B of this part. 
Furthermore, a written statement to the Administrator that all data, 
analyses, test procedures, evaluations and other documents, on which the 
above statement is based, are available to the Administrator upon 
request.
    (f)-(g) [Reserved]. For guidance see Sec. 86.095-23.
    (h) Additionally, manufacturers participating in any of the 
emissions ABT programs under Sec. 86.098-15 or superseding ABT sections 
for HDEs shall submit for each participating family the items listed in 
paragraphs (h) (1) through (3) of this section.
    (1) Application for certification. (i) The application for 
certification will include a statement that the engines for which 
certification is requested will not, to the best of the manufacturer's 
belief, when included in any of the ABT programs, cause the applicable 
emissions standard(s) to be exceeded.
    (ii) The application for certification will also include 
identification of the section of this subpart under which the family is 
participating in ABT (i.e., Sec. 86.098-15 or superseding ABT 
sections), the type (NOX, NOX+NMHC, or particulate) and the 
projected number of credits generated/needed for this family, the 
applicable averaging set, the projected U.S. (49-state or 50 state, as 
applicable) production volumes, by quarter, NCPs in use on a similar 
family and the values required to calculate credits as given in the 
applicable ABT section. Manufacturers shall also submit how and where 
credit surpluses are to be dispersed and how and through what means 
credit deficits are to be met, as explained in the applicable ABT 
section. The application must project that each engine family will be in 
compliance with the applicable emission standards based on the engine 
mass emissions and credits from averaging, trading and banking.
    (2) [Reserved]
    (3) End-of-year report. The manufacturer shall submit end-of-year 
reports for each engine family participating in any of the ABT programs, 
as described in paragraphs (h)(3)(i) through (iv) of this section.
    (i) These reports shall be submitted within 90 days of the end of 
the model year to: Director, Engine Programs and Compliance Division 
(6405J), U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., 
NW., Washington, DC 20460.
    (ii) These reports shall indicate the engine family, the averaging 
set, the actual U.S. (49-state or 50-state, as applicable) production 
volume, the values required to calculate credits as given in the 
applicable ABT section, the resulting type and number of credits 
generated/required, and the NCPs in use on a similar NCP family. 
Manufacturers shall also submit how and where credit surpluses were 
dispersed (or are to be banked) and how and through what means credit 
deficits were met. Copies of contracts related to credit trading must 
also be included or supplied by the broker if applicable. The report 
shall also include a calculation of credit balances to show that net 
mass emissions balances are within those allowed by the emission 
standards (equal to or greater than a zero credit balance). Any credit 
discount factor described in the applicable ABT section must be included 
as required.
    (iii) The production counts for end-of-year reports shall be based 
on the location of the first point of retail sale (e.g., customer, 
dealer, secondary manufacturer) by the manufacturer.
    (iv) Errors discovered by EPA or the manufacturer in the end-of-year 
report, including changes in the production counts, may be corrected up 
to 180 days subsequent to submission of the end-of-year report. Errors 
discovered by EPA after 180 days shall be corrected if credits are 
reduced. Errors in the manufacturer's favor will not be corrected if 
discovered after the 180 day correction period allowed.
    (i) Failure by a manufacturer participating in the ABT programs to 
submit any quarterly or end-of-year report (as applicable) in the 
specified time for all vehicles and engines that are part of an 
averaging set is a violation of section

[[Page 507]]

203(a)(1) of the Clean Air Act (42 U.S.C. 7522(a)(1)) for each such 
vehicle and engine.
    (j) Failure by a manufacturer generating credits for deposit only in 
the HDE banking programs to submit their end-of-year reports in the 
applicable specified time period (i.e., 90 days after the end of the 
model year) shall result in the credits not being available for use 
until such reports are received and reviewed by EPA. Use of projected 
credits pending EPA review will not be permitted in these circumstances.
    (k) Engine families certified using NCPs are not required to meet 
the requirements outlined in paragraphs (f) through (j) of this section.
    (l) [Reserved]. For guidance see Sec. 86.095-23.
    (m) Additionally, except for small-volume manufacturers, 
manufacturers certifying vehicles shall submit for each model year 1998 
light-duty vehicle, light-duty truck, and gasoline- and methanol-fueled 
heavy-duty vehicle evaporative family:
    (1) In the application for certification the projected sales volume 
of evaporative families certifying to the respective evaporative test 
procedure and accompanying standards as set forth or otherwise 
referenced in Sec. Sec. 86.090-8, 86.090-9, 86.091-10 and 86.094-11 or 
as set forth or otherwise referenced in Sec. Sec. 86.096-8, 86.096-9, 
86.096-10 and 86.098-11 or as set forth or otherwise referenced in 
superseding emissions standards sections. Volume projected to be 
produced for U.S. sale may be used in lieu of projected U.S. sales.
    (2) End-of-year reports for each evaporative family.
    (i) These end-of-year reports shall be submitted within 90 days of 
the end of the model year to: For heavy-duty engines--Director, Engine 
Programs and Compliance Divisions (6403J), For vehicles--Director, 
Vehicle Compliance and Programs Division (6405J), U.S. Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    (ii) These reports shall indicate the model year, evaporative family 
and the actual U.S. sales volume. The manufacturer may petition the 
Administrator to allow volume produced for U.S. sale to be used in lieu 
of U.S. sales. Such petition shall be submitted within 30 days of the 
end of the model year to the Manufacturers Operations Division. For the 
petition to be granted, the manufacturer must establish to the 
satisfaction of the Administrator that production volume is functionally 
equivalent to sales volume.
    (iii) The U.S. sales volume for end-of-year reports shall be based 
on the location of the point of sale to a dealer, distributor, fleet 
operator, broker, or any other entity that comprises the point of first 
sale.
    (iv) Failure by a manufacturer to submit the end-of-year report 
within the specified time may result in certificate(s) for the 
evaporative family(ies) being voided ab initio plus any applicable civil 
penalties for failure to submit the required information to the Agency.
    (v) The information shall be organized in such a way as to allow the 
Administrator to determine compliance with the Evaporative Emission 
Testing implementation schedules of Sec. Sec. 86.096-8, 86.096-9, 
86.096-10 and 86.098-11.

[58 FR 16025, Mar. 24, 1993, as amended at 58 FR 34536, June 28, 1993; 
59 FR 16290, Apr. 6, 1994; 62 FR 54717, Oct. 21, 1997]



Sec. 86.098-24  Test vehicles and engines.

    Section 86.098-24 includes text that specifies requirements that 
differ from Sec. 86.096-24. Where a paragraph in Sec. 86.096-24 is 
identical and applicable to Sec. 86.098-24, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.096-24.''
    (a) introductory text through (a)(4) [Reserved]. For guidance see 
Sec. 86.096-24.
    (a)(5) The gasoline-fueled and methanol-fueled light-duty vehicles 
and light-duty trucks covered by an application for certification will 
be divided into groupings which are expected to have similar evaporative 
and/or refueling emission characteristics (as applicable) throughout 
their useful life. Each group of vehicles with similar evaporative and/
or refueling emission characteristics shall be defined as a separate 
evaporative/refueling emission family.
    (a)(6) For gasoline-fueled or methanol-fueled light-duty vehicles 
and light-duty trucks to be classed in the

[[Page 508]]

same evaporative/refueling emission family, vehicles must be similar 
with respect to the items listed in paragraphs (a)(6) (i) through (xii) 
of this section.
    (i) Type of vapor storage device (e.g., canister, air cleaner, 
crankcase).
    (ii) Basic canister design.
    (A) Working capacity--grams adsorption within a 10g. range.
    (B) System configuration--number of canisters and method of 
connection (i.e., series, parallel).
    (C) Canister geometry, construction and materials.
    (iii) Fuel system.
    (iv) Type of refueling emission control system--non-integrated or 
integrated with the evaporative control system. Further, if the system 
is non-integrated, whether or not any other evaporative emissions, e.g. 
diurnal or hot soak emissions, are captured in the same storage device 
as the refueling emissions.
    (v) Fillpipe seal mechanism--mechanical, liquid trap, other.
    (vi) Fill limiter system.
    (vii) Vapor control system or method of controlling vapor flow 
through the vapor line to the canister.
    (viii) Vapor/liquid separator usage.
    (ix) Purge system (valve, purge strategy and calibrations).
    (x) Vapor hose diameter and material.
    (xi) Canister location (front, rear, mid-vehicle).
    (xii) Onboard diagnostic hardware and calibrations.
    (a)(7) Where vehicles are of a type which cannot be divided into 
evaporative/refueling emission families based on the criteria listed 
above (such as non-canister control system approaches), the 
Administrator will establish families for those vehicles based upon the 
features most related to their evaporative and/or refueling emission 
characteristics.
    (a)(8)-(b)(1)(vi) [Reserved]. For guidance see Sec. 86.096-24.
    (b)(1)(vii)(A) Vehicles of each evaporative/refueling emission 
family will be divided into evaporative/refueling emission control 
systems.
    (B) The Administrator will select the vehicle expected to exhibit 
the highest evaporative and/or refueling emissions, from within each 
evaporative/refueling family to be certified, from among the vehicles 
represented by the exhaust emission-data selections for the engine 
family, unless evaporative and/or refueling testing has already been 
completed on the vehicle expected to exhibit the highest evaporative 
and/or refueling emissions for the evaporative/refueling family as part 
of another engine family's testing.
    (C) If the vehicles selected in accordance with paragraph 
(b)(1)(vii)(B) of this section do not represent each evaporative/
refueling emission control system then the Administrator will select the 
highest expected evaporative/refueling emission vehicle from within the 
unrepresented evaporative/refueling system.
    (viii) For high-altitude evaporative and/or refueling emission 
compliance for each evaporative/refueling emission family, the 
manufacturer shall follow one of the following procedures:
    (A) The manufacturer will select for testing under high-altitude 
conditions the one nonexempt vehicle previously selected under paragraph 
(b)(1)(vii)(B) or (b)(1)(vii)(C) of this section which is expected to 
have the highest level of evaporative and/or refueling emissions when 
operated at high altitude; or
    (B) [Reserved]. For guidance see Sec. 86.096-24.
    (b)(ix)-(e)(2) [Reserved]. For guidance see Sec. 86.096-24.
    (f) Carryover and carryacross of durability and emission data. In 
lieu of testing an emission-data or durability vehicle (or engine) 
selected under paragraph (b)(1) (vii) through (viii) of this section and 
Sec. 86.096-24 (b)(1) (i) through (vii) and (b)(2) through (c), and 
submitting data therefor, a manufacturer may, with the prior written 
approval of the Administrator, submit exhaust emission data, evaporative 
emission data and/or refueling emission data, as applicable on a similar 
vehicle (or engine) for which certification has been obtained or for 
which all applicable data required under Sec. 86.098-23 has previously 
been submitted.
    (g)-(h) [Reserved]. For guidance see Sec. 86.096-24.

[59 FR 16290, Apr. 6, 1994]

[[Page 509]]



Sec. 86.098-25  Maintenance.

    Section 86.098-25 includes text that specifies requirements that 
differ from Sec. 86.094-25. Where a paragraph in Sec. 86.094-25 is 
identical and applicable to Sec. 86.098-25, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.094-25.''
    (a)(1) [Reserved]. For guidance see Sec. 86.094-25.
    (a)(2) Maintenance performed on vehicles, engines, subsystems, or 
components used to determine exhaust, evaporative or refueling emission 
deterioration factors is classified as either emission- related or non-
emission-related and each of these can be classified as either scheduled 
or unscheduled. Further, some emission-related maintenance is also 
classified as critical emission-related maintenance.
    (b) introductory text through (b)(3)(vi)(D) [Reserved]. For guidance 
see Sec. 86.094-25.
    (b)(3)(vi)(E) Evaporative and/or refueling emission canister(s).
    (F) Turbochargers.
    (G) Carburetors.
    (H) Superchargers.
    (I) EGR System including all related filters and control valves.
    (J) Mechanical fillpipe seals.
    (b)(3)(vii)-(b)(6)(i)(E) [Reserved]. For guidance see Sec. 86.094-
25.
    (b)(6)(i)(F) Evaporative and refueling emission control system 
components (excluding canister air filter).
    (b)(6)(i)(G)-(h) [Reserved]. For guidance see Sec. 86.094-25.

[59 FR 16291, Apr. 6, 1994]



Sec. 86.098-26  Mileage and service accumulation; emission 
measurements.

    Section 86.098-26 includes text that specifies requirements that 
differ from Sec. 86.094-26, Sec. 86.095-26 or Sec. 86.096-26. Where a 
paragraph in Sec. 86.094-26, Sec. 86.095-26 or Sec. 86.096-26 is 
identical and applicable to Sec. 86.098-26, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.094-26.'' or ``[Reserved]. For guidance see 
Sec. 86.095-26.'' or ``[Reserved]. For guidance see Sec. 86.096-26.''.
    (a)(1) and (2) [Reserved]. For guidance see Sec. 86.094-26.
    (a)(3) Emission data vehicles. Unless otherwise provided for in 
Sec. 86.098-23(a), emission-data vehicles shall be operated and tested 
as described in paragraphs (a)(3)(i) and (ii)(C) of this section and 
Sec. 86.094-26 (a)(3)(ii)(A), (B) and (D).
    (i) Otto-cycle. (A) The manufacturer shall determine, for each 
engine family, the mileage at which the engine-system combination is 
stabilized for emission-data testing. The manufacturer shall maintain, 
and provide to the Administrator if requested, a record of the rationale 
used in making this determination. The manufacturer may elect to 
accumulate 4,000 miles on each test vehicle within an engine family 
without making a determination. The manufacturer must accumulate a 
minimum of 2,000 miles (3,219 kilometers) on each test vehicle within an 
engine family. All test vehicle mileage must be accurately determined, 
recorded, and reported to the Administrator. Any vehicle used to 
represent emission-data vehicle selections under Sec. 86.098-24(b)(1) 
shall be equipped with an engine and emission control system that has 
accumulated the mileage the manufacturer chose to accumulate on the test 
vehicle. Fuel economy data generated from certification vehicles 
selected in accordance with Sec. 86.098-24(b)(1) with engine-system 
combinations that have accumulated more than 10,000 kilometers (6,200 
miles) shall be factored in accordance with 40 CFR 600.006-87(c). 
Complete exhaust, evaporative and refueling (if required) emission tests 
shall be conducted for each emission-data vehicle selection under Sec. 
86.098-24(b)(1). The Administrator may determine under Sec. 86.094-
24(f) that no testing is required.
    (B) [Reserved]. For guidance see Sec. 86.094-26.
    (C) Exhaust, evaporative and refueling emissions tests for emission-
data vehicle(s) selected for testing under Sec. 86.096-24(b)(1) (i), 
(ii), (iii) or (iv) or Sec. 86.098-24(b)(1)(vii)(B) shall be conducted 
at the mileage (2,000 mile minimum) at which the engine-system 
combination is stabilized for emission testing under low-altitude 
conditions.
    (a)(3)(i)(D)-(a)(3)(ii)(B) [Reserved]. For guidance see Sec. 
86.094-26.

[[Page 510]]

    (a)(3)(ii)(C) Exhaust, evaporative and refueling emissions tests (as 
required) for emission-data vehicle(s) selected for testing under Sec. 
86.096-24(b)(1) (i), (ii), (iii), or (iv), or Sec. 86.098-24 
(b)(1)(vii)(B) shall be conducted at the mileage (2,000 mile minimum) at 
which the engine-system combination is stabilized for emission testing 
under low-altitude conditions.
    (a)(3)(ii)(D)-(b)(4)(i)(C) [Reserved]. For guidance see Sec. 
86.094-26.
    (b)(4)(i)(D)-(b)(4)(ii)(D) [Reserved]. For guidance see Sec. 
86.095-26.
    (b)(4)(iii) [Reserved]
    (b)(4)(iv)-(c)(3) [Reserved]. For guidance see Sec. 86.094-26.
    (c)(4) [Reserved]. For guidance see Sec. 86.096-26.
    (d) [Reserved]. For guidance see Sec. 86.094-26.

[59 FR 16291, Apr. 6, 1994, as amended at 60 FR 43888, Aug. 23, 1995]



Sec. 86.098-28  Compliance with emission standards.

    Section 86.098-28 includes text that specifies requirements that 
differ from Sec. 86.094-28. Where a paragraph in Sec. 86.094-28 is 
identical and applicable to Sec. 86.098-28, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.094-28.''
    (a)(1) Paragraph (a) of this section applies to light-duty vehicles.
    (2) Each exhaust, evaporative and refueling emission standard (and 
family particulate emission limits, as appropriate) of Sec. 86.098-8 
applies to the emissions of vehicles for the appropriate useful life as 
defined in Sec. Sec. 86.098-2 and 86.098-8.
    (3) [Reserved]. For guidance see Sec. 86.094-28.
    (4) The procedure for determining compliance of a new motor vehicle 
with exhaust, evaporative and/or refueling emission standards (or family 
particulate emission limit, as appropriate) is as described in 
paragraphs (a)(4)(i) introductory text, (a)(4)(i)(C), (a)(4)(ii)(B) and 
(C), (a)(4)(iii), (a)(4)(v), (f) and (g) of this section and Sec. 
86.094-28 (a)(4)(i)(A) and (B), (a)(4)(ii)(A), (a)(4)(iv)) except where 
specified by paragraph (a)(7) of this section for the Production AMA 
Durability Program.
    (i) Separate emission deterioration factors shall be determined from 
the exhaust emission results of the durability-data vehicle(s) for each 
engine-system combination. Separate evaporative and/or refueling 
emission deterioration factors shall be determined for each evaporative/
refueling emission family-emission control system combination from the 
testing conducted by the manufacturer (gasoline-fueled and methanol-
fueled vehicles only). Separate refueling emission deterioration factors 
shall be determined for each evaporative/refueling emission family-
emission control system combination from the testing conducted by the 
manufacturer (petroleum-fueled diesel cycle vehicles not certified under 
the provisions of paragraph (g) of this section only).
    (a)(4)(i)(A) and (a)(4)(i)(B) [Reserved]. For guidance see Sec. 
86.094-28.
    (a)(4)(i)(C) Evaporative deterioration factor determination. An 
evaporative emissions deterioration factor (gasoline-fueled and 
methanol-fueled vehicles only) shall be determined from the testing 
conducted as described in Sec. 86.094-21(b)(4)(i)(A), and in accordance 
with paragraphs (a)(4)(i)(C) (1) and (2) of this section, for each 
evaporative/refueling emission family-emission control system 
combination to indicate the evaporative emission level at the applicable 
useful life relative to the evaporative emission level at 4,000 miles as 
follows:
    (1) Factor = Evaporative emission level at the useful life mileage 
for that standard minus the evaporative emission level at 4,000 miles.
    (2) The factor shall be established to a minimum of two places to 
the right of the decimal.
    (D) A refueling emissions deterioration factor (gasoline-fueled, 
methanol-fueled and petroleum-fueled diesel-cycle vehicles not certified 
under the provisions of paragraph (g) of this section) shall be 
determined from testing conducted and described in Sec. 86.098-
21(b)(4)(i)(B) for each evaporative/refueling emission family-emission 
control system combinationto indicate the refueling emission level at 
the applicable usefule life relative to the refueling emission level at 
4,000 miles as follows:

[[Page 511]]

    (1) Factor = Refueling emission level at the useful life mileage for 
that standard minus the refueling emission level at 4,000 miles.
    (2) The factor shall be established to a minimum of two places to 
the right of the decimal.
    (a)(4)(ii)(A) [Reserved]. For guidance see Sec. 86.094-28.
    (a)(4)(ii)(B) The official evaporative emission test results 
(gasoline-fueled and methanol-fueled vehicles only) for each evaporative 
emission-data vehicle at the selected test point shall be adjusted by 
addition of the appropriate deterioration factor: Provided, that if a 
deterioration factor as computed in paragraph (a)(4)(i)(C) of this 
section is less than zero, that deterioration factor shall be zero for 
the purposes of this paragraph.
    (C) The official refueling emission test results (gasoline-fueled, 
methanol-fueled, and petroleum-fueled diesel cycle vehicles not 
certified under the provisions of paragraph (g) of this section) for 
each refueling emission-data vehicle at the selected test point shall be 
adjusted by addition of the appropriate deterioration factor: Provided, 
that if a deterioration factor as computed in paragraph (a)(4)(i)(D) of 
this section is less than zero, that deterioration factor shall be zero 
for purposes of this paragraph.
    (iii) The emissions to compare with the standard (or the family 
particulate emission limit, as appropriate) shall be the adjusted 
emissions of paragraphs (a)(4)(ii) (B) and (C) of this section and Sec. 
86.094-28 (a)(4)(ii)(A) for each emission-data vehicle. Before any 
emission value is compared with the standard (or the family particulate 
emission limit, as appropriate), it shall be rounded, in accordance with 
ASTM E 29-67, (reapproved 1980) (as referenced in Sec. 86.094-
28(a)(4)(i)(B)(2)(ii)), to two significant figures. The rounded emission 
values may not exceed the standard (or the family particulate emission 
limit, as appropriate).
    (iv) [Reserved]. For guidance see Sec. 86.094-28.
    (v) Every test vehicle of an evaporative/refueling emission family 
must comply with the evaporative and/or refueling emission standards, as 
determined in paragraph (a)(4)(iii) of this section, before any vehicle 
in that family may be certified.
    (a)(5)-(a)(6) [Reserved]. For guidance see Sec. 86.094-28.
    (a)(7) The procedure to determine the compliance of new motor 
vehicles in the Production AMA Durability Program described in Sec. 
86.094-13 is the same as described in paragraphs (a)(4)(iii) and (v) of 
this section and Sec. 86.094-28 (a)(4)(iv). For the engine families 
that are included in the Production AMA Durability Program, the exhaust 
emission deterioration factors used to determine compliance shall be 
those that the Administrator has approved under Sec. 86.094-13. The 
evaporative emission deterioration factor for each evaporative /
refueling emission family shall be determined and applied according to 
paragraph (a)(4)(ii)(B) of this section. The refueling emission 
deterioration factor for each evaporative/refueling emission family 
shall be determined and applied according to paragraph (a)(4)(ii)(C) of 
this section. The procedures to determine the minimum exhaust emission 
deterioration factors required under Sec. 86.094-13(d) are as described 
in paragraph (a)(7)(i) of this section and Sec. 86.094-28 (a)(7)(ii).
    (i) Separate deterioration factors shall be determined from the 
exhaust emission results of the durability data vehicles for each 
emission standard applicable under Sec. 86.098-8, for each engine 
family group. The evaporative and/or refueling emission deterioration 
factors for each evaporative/refueling family will be determined and 
applied in accordance with paragraph (a)(4) of this section.
    (a)(7)(ii)-(d) [Reserved]. For guidance see Sec. 86.094-28.
    (e) [Reserved]
    (f) Fuel dispensing spitback testing waiver. (1) Vehicles certified 
to the refueling emission standards set forth in Sec. 86.098-8 are not 
required to demonstrate compliance with the fuel dispensing spitback 
standard contained in that section: Provided, that--
    (i) The manufacturer certifies that the vehicle inherently meets the 
Dispensing Spitback Standard as part of compliance with the refueling 
emission standard; and

[[Page 512]]

    (ii) This certification is provided in writing and applies to the 
full useful life of the vehicle.
    (2) EPA retains the authority to require testing to enforce 
compliance and to prevent non-compliance with the Fuel Dispensing 
Spitback Standard.
    (g) Inherently low refueling emission testing waiver. (1) Vehicles 
using fuels/fuel systems inherently low in refueling emissions are not 
required to conduct testing to demonstrate compliance with the refueling 
emission standards set forth in Sec. 86.098-8: Provided, that--
    (i) This provision is only available for petroleum diesel fuel. It 
is only available if the Reid Vapor Pressure of in-use diesel fuel is 
equal to or less than 1 psi (7 kPa) and for diesel vehicles whose fuel 
tank temperatures do not exceed 130 [deg]F (54 [deg]C); and
    (ii) To certify using this provision the manufacturer must attest to 
the following evaluation: ``Due to the low vapor pressure of diesel fuel 
and the vehicle tank temperatures, hydrocarbon vapor concentrations are 
low and the vehicle meets the 0.20 grams/gallon refueling emission 
standard without a control system.''
    (2) The certification required in paragraph (g)(1)(ii) of this 
section must be provided in writing and must apply for the full useful 
life of the vehicle.
    (3) EPA reserves the authority to require testing to enforce 
compliance and to prevent noncompliance with the refueling emission 
standard.
    (4) Vehicles certified to the refueling emission standard under this 
provision shall not be counted in the sales percentage compliance 
determinations for the 1988, 1989 and subsequent model years.
    (h) Fixed liquid level gauge waiver. Liquefied petroleum gas-fueled 
vehicles which contain fixed liquid level gauges or other gauges or 
valves which can be opened to release fuel or fuel vapor during 
refueling, and which are being tested for refueling emissions, are not 
required to be tested with such gauges or valves open, as outlined in 
Sec. 86.157-98(d)(2), provided the manufacturer can demonstrate, to the 
satisfaction of the Administrator, that such gauges or valves would not 
be opened during refueling in-use due to inaccessibility or other design 
features that would prevent or make it very unlikely that such gauges or 
valves could be opened.

[59 FR 16292, Apr. 6, 1994, as amended at 59 FR 48503, Sept. 21, 1994]



Sec. 86.098-30  Certification.

    Section 86.098-30 includes text that specifies requirements that 
differ from Sec. 86.094-30, Sec. 86.095-30 or Sec. 86.096-30. Where a 
paragraph in Sec. 86.094-30, Sec. 86.095-30 or Sec. 86.096-30 is 
identical and applicable to Sec. 86.098-30. This may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.094-30.'' or ``[Reserved]. For guidance see 
Sec. 86.095-30.'' or ``[Reserved]. For guidance see Sec. 86.096-30.''.
    (a)(1)-(a)(2) [Reserved]. For guidance see Sec. 86.094-30.
    (a)(3)(i) One such certificate will be issued for each engine 
family. For gasoline-fueled and methanol-fueled light-duty vehicles and 
light duty-trucks and petroleum-fueled diesel-cycle light-duty vehicles 
and light duty-trucks not certified under Sec. 86.098-28(g), one such 
certificate will be issued for each engine family-evaporative/refueling 
emission family combination. Each certificate will certify compliance 
with no more than one set of in-use and certification standards (or 
family emission limits, as appropriate).
    (a)(3)(ii)-(a)(4)(ii) [Reserved]. For guidance see Sec. 86.095-30.
    (a)(4)(iii) introductory text through (a)(4)(iii)(C) [Reserved]. For 
guidance see Sec. 86.094-30.
    (a)(4)(iv) introductory text [Reserved]. For guidance see Sec. 
86.095-30.
    (a)(4)(iv)(A)-(a)(9) [Reserved]. For guidance see Sec. 86.094-30.
    (a)(10)(i) For diesel-cycle light-duty vehicle and diesel-cycle 
light-duty truck families which are included in a particulate averaging 
program, the manufacturer's production-weighted average of the 
particulate emission limits of all engine families in a participating 
class or classes shall not exceed the applicable diesel-cycle 
particulate standard, or the composite particulate standard defined in 
Sec. 86.090-2 as appropriate, at the end of the model year, as 
determined in accordance with this part. The certificate shall be void

[[Page 513]]

ab initio for those vehicles causing the production-weighted FEL to 
exceed the particulate standard.
    (ii) For all heavy-duty diesel-cycle engines which are included in 
the particulate ABT programs under Sec. Sec. 86.094-15, 86.098-15, or 
superseding ABT sections, the provisions of paragraphs (a)(10)(ii) (A) 
through (C) of this section apply.
    (A) All certificates issued are conditional upon the manufacturer 
complying with all applicable ABT provisions and the ABT related 
provisions of other applicable sections, both during and after the model 
year production.
    (B) Failure to comply with all applicable ABT provisions will be 
considered to be a failure to satisfy the conditions upon which the 
certificate was issued, and the certificate may be deemed void ab 
initio.
    (C) The manufacturer shall bear the burden of establishing to the 
satisfaction of the Administrator that the conditions upon which the 
certificate was issued were satisfied or excused.
    (11)(i) For light-duty truck families which are included in a 
NOX averaging program, the manufacturer's production-weighted 
average of the NOX emission limits of all such engine 
families shall not exceed the applicable NOX emission 
standard, or the composite NOX emission standard defined in 
Sec. 86.088-2, as appropriate, at the end of the model year, as 
determined in accordance with this part. The certificate shall be void 
ab initio for those vehicles causing the production-weighted FEL to 
exceed the NOX standard.
    (ii) For all HDEs which are included in the NOX or 
NOX plus NMHC ABT programs under Sec. 86.098-15 or 
superseding ABT sections, the provisions of paragraphs (a)(11)(ii) (A) 
through (C) of this section apply.
    (A) All certificates issued are conditional upon the manufacturer 
complying with all applicable ABT provisions and the ABT related 
provisions of other applicable sections, both during and after the model 
year production.
    (B) Failure to comply with all applicable ABT provisions will be 
considered to be a failure to satisfy the conditions upon which the 
certificate was issued, and the certificate may be deemed void ab 
initio.
    (C) The manufacturer shall bear the burden of establishing to the 
satisfaction of the Administrator that the conditions upon which the 
certificate was issued were satisfied or excused.
    (a)(12) [Reserved]. For guidance see Sec. 86.094-30.
    (a)(13) [Reserved]. For guidance see Sec. 86.095-30.
    (a)(14) [Reserved]. For guidance see Sec. 86.094-30.
    (a)(15)-(18) [Reserved]. For guidance see Sec. 86.096-30.
    (a)(19) For all light-duty vehicles certified to refueling emission 
standards under Sec. 86.098-8, the provisions of paragraphs (a)(19) (i) 
through (iii) of this section apply.
    (i) All certificates issued are conditional upon the manufacturer 
complying with all provisions of Sec. 86.098-8, both during and after 
model year production.
    (ii) Failure to meet the required implementation schedule sales 
percentages as specified in Sec. 86.094-8 be considered to be a failure 
to satisfy the conditions upon which the certificate(s) was issued and 
the vehicles sold in violation of the implementation schedule shall not 
be covered by the certificate.
    (iii) The manufacturer shall bear the burden of establishing to the 
satisfaction of the Administrator that the conditions upon which the 
certificate was issued were satisfied.
    (b)(1) introductory text through (b)(1)(i)(B) [Reserved]. For 
guidance see Sec. 86.094-30.
    (b)(1)(i)(C) The emission-data vehicle(s) selected under Sec. 
86.098-24(b)(1)(vii) (A) and (B) shall represent all vehicles of the 
same evaporative/refueling control system within the evaporative /
refueling family.
    (b)(1)(ii)-(b)(1)(iv) [Reserved]. For guidance see Sec. 86.094-30.
    (b)(2) The Administrator will proceed as in paragraph (a) of this 
section with respect to the vehicles (or engines) belonging to an engine 
family or engine family-evaporative/refueling emission family 
combination (as applicable), all of which comply with all applicable 
standards (or family emission limits, as appropriate).
    (b)(3)-(b)(4)(i) [Reserved]. For guidance see Sec. 86.094-30.

[[Page 514]]

    (b)(4)(ii) Remove the vehicle configuration (or evaporative/
refueling vehicle configuration, as applicable) which failed, from his 
application:
    (b)(4)(ii)(A) [Reserved]. For guidance see Sec. 86.094-30.
    (b)(4)(ii)(B) If the failed vehicle was tested for compliance with 
one or more of the exhaust, evaporative and refueling emission 
standards: The Administrator may select, in place of the failed vehicle, 
in accordance with the selection criteria employed in selecting the 
failed vehicle, a new emission data vehicle which will be tested for 
compliance with all of the applicable emission standards. If one vehicle 
cannot be selected in accordance with the selection criteria employed in 
selecting the failed vehicle, then two or more vehicles may be selected 
(e.g., one vehicle to satisfy the exhaust emission vehicle selection 
criteria and one vehicle to satisfy the evaporative and refueling 
emission vehicle selection criteria). The vehicle selected to satisfy 
the exhaust emission vehicle selection criteria will be tested for 
compliance with exhaust emission standards (or family emission limits, 
as appropriate) only. The vehicle selected to satisfy the evaporative 
and/or refueling emission vehicle selection criteria will be tested for 
compliance with exhaust, evaporative and/or refueling emission 
standards; or
    (iii) Remove the vehicle configuration (or evaporative/refueling 
vehicle configuration, as applicable) which failed from the application 
and add a vehicle configuration(s) (or evaporative/refueling vehicle 
configuration(s), as applicable) not previously listed. The 
Administrator may require, if applicable, that the failed vehicle be 
modified to the new engine code (or evaporative/refueling emission code, 
as applicable) and demonstrate by testing that it meets applicable 
standards (or family emission limits, as appropriate) for which it was 
originally tested. In addition, the Administrator may select, in 
accordance with the vehicle selection criteria given in Sec. 86.001-
24(b), a new emission data vehicle or vehicles. The vehicles selected to 
satisfy the exhaust emission vehicle selection criteria will be tested 
for compliance with exhaust emission standards (or family emission 
limits, as appropriate) only. The vehicles selected to satisfy the 
evaporative emission vehicle selection criteria will be tested for 
compliance with all of the applicable emission standards (or family 
emission limits, as appropriate); or
    (iv) Correct a component or system malfunction and show that with a 
correctly functioning system or component the failed vehicle meets 
applicable standards (or family emission limits, as appropriate) for 
which it was originally tested. The Administrator may require a new 
emission data vehicle, of identical vehicle configuration (or 
evaporative/refueling vehicle configuration, as applicable) to the 
failed vehicle, to be operated and tested for compliance with the 
applicable standards (or family emission limits, as appropriate) for 
which the failed vehicle was originally tested.
    (b)(5)-(e) [Reserved]. For guidance see Sec. 86.094-30.
    (f) introductory text through (f)(3) [Reserved]. For guidance see 
Sec. 86.095-30.
    (f)(4) The electronic evaporative and/or refueling purge control 
device (if equipped) or any emission-related powertrain component 
connected to a computer is electrically disconnected.

[59 FR 16293, Apr. 6, 1994, as amended at 62 FR 54719, Oct. 21, 1997]



Sec. 86.098-35  Labeling.

    Section 86.098-35 includes text that specifies requirements that 
differ from Sec. Sec. 86.095-35 and 86.096-35. Where a paragraph in 
Sec. 86.095-35 or Sec. 86.096-35 is identical and applicable to Sec. 
86.098-35, this may be indicated by specifying the corresponding 
paragraph and the statement ``[Reserved]. For guidance see Sec. 86.095-
35.'' or ``[Reserved]. For guidance see Sec. 86.096-35.''.
    (a) introductory text through (a)(1)(iii)(B) [Reserved]. For 
guidance see Sec. 86.095-35.
    (a)(1)(iii)(C) Engine displacement (in cubic inches or liters), 
engine family identification and evaporative/refueling family 
identification.
    (a)(1)(iii)(D)-(L) [Reserved]. For guidance see Sec. 86.095-35.
    (a)(1)(iii)(M) For model year 1998 light-duty vehicles, a clear 
indication of which test procedure was used to

[[Page 515]]

certify the evaporative/refueling family, e.g., ``Evaporative /refueling 
Family xx (Sec. 86.130-96 procedures)'' or ``Evaporative /refueling 
Family xx (Sec. 86.130-78 procedures).''
    (a)(1)(iii)(N) [Reserved]. For guidance see Sec. 86.096-35.
    (a)(2) heading through (a)(2)(iii)(K) [Reserved]. For guidance see 
Sec. 86.095-35.
    (a)(2)(iii)(L) [Reserved]
    (a)(2)(iii)(M)-(a)(2)(iii)(N) [Reserved]. For guidance see Sec. 
86.095-35.
    (a)(2)(iii)(O)-(a)(2)(iii)(P) [Reserved]. For guidance see Sec. 
86.096-35.
    (a)(3) heading through (a)(4)(iii)(F) [Reserved]. For guidance see 
Sec. 86.095-35.
    (a)(4)(iii)(G) [Reserved]. For guidance see Sec. 86.096-35.
    (b)-(i) [Reserved]. For guidance see Sec. 86.095-35.
    (j) The Administrator may approve in advance other label content and 
formats provided the alternative label contains information consistent 
with this section.

[59 FR 16294, Apr. 6, 1994, as amended at 70 FR 72927, Dec. 8, 2005]



Sec. 86.099-1  General applicability.

    Section 86.099-1 includes text that specifies requirements that 
differ from those specified in Sec. 86.094-1. Where a paragraph in 
Sec. 86.094-1 is identical and applicable to Sec. 86.099-1, this may 
be indicated by specifying the corresponding paragraph and the statement 
``[Reserved]. For guidance see Sec. 86.094-1.''.
    (a)-(b) [Reserved]. For guidance see Sec. 86.094-1.
    (c) National Low Emission Vehicle Program for light-duty vehicles 
and light light-duty trucks. A manufacturer may elect to certify 1999 
and later model year light-duty vehicles and light light-duty trucks to 
the provisions of the National Low Emission Vehicle Program contained in 
subpart R of this part. Subpart R of this part is applicable only to 
those manufacturers that opt into the National Low Emission Vehicle 
Program, under the provisions of that subpart, and that have not 
exercised a valid opt-out from the National Low Emission Vehicle 
Program, which opt-out has gone into effect under the provisions of 
Sec. 86.1707. All provisions of this subpart are applicable to vehicles 
certified pursuant to subpart R of this part, except as specifically 
noted in subpart R of this part.
    (d) [Reserved]
    (e)-(f) [Reserved]. For guidance see Sec. 86.094-1.

[63 FR 965, Jan. 7, 1998]



Sec. 86.099-8  Emission standards for 1999 and later model year 
light-duty vehicles.

    Section 86.099-8 includes text that specifies requirements that 
differ from Sec. 86.096-8. Where a paragraph in Sec. 86.096-8 is 
identical and applicable to Sec. 86.099-8, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.096-8.''
    (a)(1)-(a)(1)(ii)(B) [Reserved]. For guidance see Sec. 86.096-8.
    (iii) CST emissions from gasoline-fueled Otto-cycle light-duty 
vehicles measured and calculated in accordance with subpart O of this 
part may not exceed the standards listed in paragraphs (a)(1)(iii) (A) 
and (B) of this section.
    (A) Hydrocarbons: 100 ppm as hexane.
    (B) Carbon monoxide: 0.5%.
    (2) [Reserved]
    (3) The standards set forth in paragraph (a)(1)(iii) of this section 
refer to the exhaust emitted during the CST as set forth in subpart O of 
this part and measured and calculated in accordance with those 
provisions.
    (b) Evaporative emissions from light-duty vehicles shall not exceed 
the following standards. The standards apply equally to certification 
and in-use vehicles. The spitback standard also applies to newly 
assembled vehicles. For certification vehicles only, manufacturers may 
conduct testing to quantify a level of nonfuel background emissions for 
an individual test vehicle. Such a demonstration must include a 
description of the source(s) of emissions and an estimated decay rate. 
The demonstrated level of nonfuel background emissions may be subtracted 
from emission test results from certification vehicles if approved in 
advance by the Administrator.
    (1) Hydrocarbons (for gasoline-fueled, natural gas-fueled, and 
liquefied petroleum gas-fueled vehicles). (i)(A) For the full three-
diurnal test sequence described in Sec. 86.130-96, diurnal plus hot 
soak measurements: 2.0 grams per test.

[[Page 516]]

    (B) For the supplemental two-diurnal test sequence described in 
Sec. 86.130-96, diurnal plus hot soak emissions (gasoline-fueled 
vehicles only): 2.5 grams per test.
    (ii) Running loss test (gasoline-fueled vehicles only): 0.05 grams 
per mile.
    (iii) Fuel dispensing spitback test (gasoline-fueled vehicles only): 
1.0 grams per test.
    (2) Total Hydrocarbon Equivalent (for methanol-fueled vehicles). 
(i)(A) For the full three-diurnal test sequence described in Sec. 
86.130-96, diurnal plus hot soak measurements: 2.0 grams carbon per 
test.
    (B) For the supplemental two-diurnal test sequence described in 
Sec. 86.130-96, diurnal plus hot soak measurements: 2.5 grams carbon 
per test.
    (ii) Running loss test: 0.05 grams carbon per mile.
    (iii) Fuel dispensing spitback test: 1.0 gram carbon per test.
    (3) The standards set forth in paragraphs (b) (1) and (2) of this 
section refer to a composite sample of evaporative emissions collected 
under the conditions and measured in accordance with the procedures set 
forth in subpart B of this part.
    (4) All fuel vapor generated in a gasoline- or methanol-fueled 
light-duty vehicle during in-use operations shall be routed exclusively 
to the evaporative control system (e.g., either canister or engine 
purge). The only exception to this requirement shall be for emergencies.
    (5) [Reserved]. For guidance see Sec. 86.096-8.
    (6) Vehicles certified to the refueling standards set forth in 
paragraph (d) of this section are not required to demonstrate compliance 
with the Fuel Dispensing Spitback standards contained in paragraphs 
(b)(1)(iii) and (b)(2)(iii) of this section: Provided, that they meet 
the requirements of Sec. 86.098-28(f).
    (c) [Reserved]. For guidance see Sec. 86.096-8.
    (d) Refueling emissions from 1999 and later model year gasoline-
fueled and methanol-fueled Otto-cycle and petroleum-fueled and methanol-
fueled diesel-cycle light duty vehicles shall not exceed the following 
standards. The standards apply equally to certification and in-use 
vehicles.
    (1) Standards--(i) Hydrocarbons (for gasoline-fueled Otto gallon 
(0.053 gram per liter) of fuel dispensed.
    (ii) Total Hydrocarbon Equivalent (for methanol-fueled vehicles). 
0.20 gram per gallon (0.053 gram per liter) of fuel dispensed.
    (iii) Hydrocarbons (for liquefied petroleum gas-fueled vehicles). 
0.15 gram per gallon (0.04 gram per liter) of fuel dispensed.
    (iv) Refueling receptacle (for natural gas-fueled vehicles). 
Refueling receptacles on natural gas-fueled vehicles shall comply with 
the receptacle provisions of the ANSI/AGA NGV1-1994 standard (as 
incorporated by reference in Sec. 86.1).
    (2)(i) The standards set forth in paragraphs (d)(1)(i) and (ii) of 
this section refer to a sample of refueling emissions collected under 
the conditions set forth in subpart B of this part and measured in 
accordance with those procedures.
    (ii) For vehicles powered by petroleum-fueled diesel-cycle engines, 
the provisions set forth in paragraph (d)(1)(i) of this section may be 
waived: Provided, that the manufacturer complies with the provisions of 
Sec. 86.098-28(f) of this subpart.
    (3)(i) A minimum of the percentage shown in table A99-08 of a 
manufacturer's sales of the applicable model year's gasoline- and 
methanol-fueled Otto-cycle and petroleum- and methanol-fueled diesel 
cycle light-duty vehicles shall be tested under the procedures in 
subpart B of this part indicated for 1998 and later model years, and 
shall not exceed the standards described in paragraph (d)(1) of this 
section. Vehicles certified in accordance with paragraph (d)(2)(ii) of 
this section, as determined by the provisions of Sec. 86.098-28(g), 
shall not be counted in the calculation of the percentage of compliance.

 Table A99-08--Implementation Schedule for Light-Duty Vehicle Refueling
                            Emission Testing
------------------------------------------------------------------------
                                                                Sales
                         Model year                           percentage
------------------------------------------------------------------------
1999.......................................................           80
2000 and subsequent........................................          100
------------------------------------------------------------------------

    (ii) Small volume manufacturers, as defined in Sec. 86.094-14(b) 
(1) and (2), are exempt from the implementation

[[Page 517]]

schedule of table A99-08 of this section for model year 1999. For small 
volume manufacturers, the standards of paragraph (d) of this section, 
and the associated test procedures, shall not apply until model year 
2000, when 100 percent compliance with the standards of this section is 
required. This exemption does not apply to small volume engine families 
as defined in Sec. 86.094-14(b)(5).
    (e)-(f) [Reserved]
    (g)-(k) [Reserved]. For guidance see Sec. 86.096-8.

[58 FR 16025, Mar. 24, 1993, as amended at 58 FR 58421, Nov. 1, 1993; 58 
FR 16294, Apr. 6, 1994; 59 FR 48503, Sept. 21, 1994; 60 FR 43888, Aug. 
23, 1995]



Sec. 86.099-9  Emission standards for 1999 and later model year 
light-duty trucks.

    Section 86.099-9 includes text that specifies requirements that 
differ from Sec. 86.097-9. Where a paragraph in Sec. 86.097-9 is 
identical and applicable to Sec. 86.099-9, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.097-9.'' Where a corresponding paragraph of 
Sec. 86.097-9 is not applicable, this is indicated by the statement 
``[Reserved].''
    (a)(1)-(a)(1)(iii)(2) [Reserved]. For guidance see Sec. 86.097-9.
    (iv) CST emissions from gasoline-fueled Otto-cycle light-duty trucks 
measured and calculated in accordance with subpart O of this part may 
not exceed the standards listed in paragraphs (a)(1)(iv) (A) and (B) of 
this section.
    (A) Hydrocarbons: 100 ppm as hexane.
    (B) Carbon monoxide: 0.5%.
    (2) [Reserved]
    (3) The standards set forth in paragraph (a)(1)(iv) of this section 
refer to the exhaust emitted during the CST as set forth in subpart O of 
this part and measured and calculated in accordance with those 
provisions.
    (b) Evaporative emissions from light-duty trucks shall not exceed 
the following standards. The standards apply equally to certification 
and in-use vehicles. The spitback standard also applies to newly 
assembled vehicles. For certification vehicles only, manufacturers may 
conduct testing to quantify a level of nonfuel background emissions for 
an individual test vehicle. Such a demonstration must include a 
description of the source(s) of emissions and an estimated decay rate. 
The demonstrated level of nonfuel background emissions may be subtracted 
from emission test results from certification vehicles if approved in 
advance by the Administrator.
    (1) Hydrocarbons (for gasoline-fueled, natural gas-fueled, and 
liquefied petroleum gas-fueled vehicles). (i)(A) For gasoline-fueled 
heavy light-duty trucks with a nominal fuel tank capacity of at least 30 
gallons:
    (1) For the full three-diurnal test sequence described in Sec. 
86.130-96, diurnal plus hot soak measurements: 2.5 grams per test.
    (2) For the supplemental two-diurnal test sequence described in 
Sec. 86.130-96, diurnal plus hot soak measurements: 3.0 grams per test.
    (B) For all other light-duty trucks:
    (1) For the full three-diurnal test sequence described in Sec. 
86.130-96, diurnal plus hot soak measurements: 2.0 grams per test.
    (2) For the supplemental two-diurnal test sequence described in 
Sec. 86.130-96, diurnal plus hot soak measurements (gasoline-fueled 
vehicles only): 2.5 grams per test.
    (ii) Running loss test (gasoline-fueled vehicles only): 0.05 grams 
per mile.
    (iii) Fuel dispensing spitback test (gasoline-fueled vehicles only): 
1.0 grams per test.
    (2) Total Hydrocarbon Equivalent (for methanol-fueled vehicles). 
(i)(A) For heavy light-duty trucks with nominal fuel tank capacity of at 
least 30 gallons:
    (1) For the full three-diurnal test sequence described in Sec. 
86.130-96, diurnal plus hot soak measurements: 2.5 grams carbon per 
test.
    (2) For the supplemental two-diurnal test sequence described in 
Sec. 86.130-96, diurnal plus hot soak measurements: 3.0 grams carbon 
per test.
    (B) For all other light-duty trucks:
    (1) For the full three-diurnal test sequence described in Sec. 
86.130-96, diurnal plus hot soak measurements: 2.0 grams carbon per 
test.
    (2) For the supplemental two-diurnal test sequence described in 
Sec. 86.130-96, diurnal plus hot soak measurements: 2.5 grams carbon 
per test.

[[Page 518]]

    (ii) Running loss test: 0.05 grams carbon per mile.
    (iii) Fuel dispensing spitback test: 1.0 gram carbon per test.
    (3) The standards set forth in paragraphs (b) (1) and (2) of this 
section refer to a composite sample of evaporative emissions collected 
under the conditions and measured in accordance with the procedures set 
forth in subpart B of this part.
    (4) All fuel vapor generated in a gasoline- or methanol-fueled 
light-duty truck during in-use operations shall be routed exclusively to 
the evaporative control system (e.g., either canister or engine purge). 
The only exception to this requirement shall be for emergencies.
    (c) [Reserved]. For guidance see Sec. 86.097-9.
    (d)-(f) [Reserved]
    (g)-(k) [Reserved]. For guidance see Sec. 86.097-9.

[58 FR 16025, Mar. 24, 1993, as amended at 58 FR 58422, Nov. 1, 1993; 59 
FR 48503, Sept. 21, 1994; 60 FR 43888, Aug. 23, 1995]



Sec. 86.099-10  Emission standards for 1999 and later model year 
Otto-cycle heavy-duty engines and vehicles.

    Section 86.099-10 includes text that specifies requirements that 
differ from Sec. 86.098-10. Where a paragraph in Sec. 86.98-10 is 
identical and applicable to Sec. 86.099-10, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.098-10.''
    (a) [Reserved]. For guidance see Sec. 86.098-10.
    (b) Evaporative emissions from heavy-duty vehicles shall not exceed 
the following standards. The standards apply equally to certification 
and in-use vehicles. The spitback standard also applies to newly 
assembled vehicles. For certification vehicles only, manufacturers may 
conduct testing to quantify a level of nonfuel background emissions for 
an individual test vehicle. Such a demonstration must include a 
description of the source(s) of emissions and an estimated decay rate. 
The demonstrated level of nonfuel background emissions may be subtracted 
from emission test results from certification vehicles if approved in 
advance by the Administrator.
    (1) Hydrocarbons (for vehicles equipped with gasoline-fueled, 
natural gas-fueled or liquefied petroleum gas-fueled engines). (i) For 
vehicles with a Gross Vehicle Weight Rating of up to 14,000 lbs:
    (A)(1) For the full three-diurnal test sequence described in Sec. 
86.1230-96, diurnal plus hot soak measurements: 3.0 grams per test.
    (2) For the supplemental two-diurnal test sequence described in 
Sec. 86.1230-96, diurnal plus hot soak measurements (gasoline-fueled 
vehicles only): 3.5 grams per test.
    (B) Running loss test (gasoline-fueled vehicles only): 0.05 grams 
per mile.
    (C) Fuel dispensing spitback test (gasoline-fueled vehicles only): 
1.0 gram per test.
    (ii) For vehicles with a Gross Vehicle Weight Rating of greater than 
14,000 lbs:
    (A)(1) For the full three-diurnal test sequence described in Sec. 
86.1230-96, diurnal plus hot soak measurements: 4.0 grams per test.
    (2) For the supplemental two-diurnal test sequence described in 
Sec. 86.1230-96, diurnal plus hot soak measurements (gasoline-fueled 
vehicles only): 4.5 grams per test.
    (B) Running loss test (gasoline-fueled vehicles only): 0.05 grams 
per mile.
    (2) Total Hydrocarbon Equivalent (for vehicles equipped with 
methanol-fueled engines). (i) For vehicles with a Gross Vehicle Weight 
Rating of up to 14,000 lbs:
    (A)(1) For the full three-diurnal test sequence described in Sec. 
86.1230-96, diurnal plus hot soak measurements: 3.0 grams carbon per 
test.
    (2) For the supplemental two-diurnal test sequence described in 
Sec. 86.1230-96, diurnal plus hot soak measurements: 3.5 grams carbon 
per test.
    (B) Running loss test: 0.05 grams carbon per mile.
    (C) Fuel dispensing spitback test: 1.0 gram carbon per test.
    (ii) For vehicles with a Gross Vehicle Weight Rating of greater than 
14,000 lbs:
    (A)(1) For the full three-diurnal test sequence described in Sec. 
86.1230-96, diurnal plus hot soak measurements: 4.0 grams carbon per 
test.

[[Page 519]]

    (2) For the supplemental two-diurnal test sequence described in 
Sec. 86.1230-96, diurnal plus hot soak measurements: 4.5 grams carbon 
per test.
    (B) Running loss test: 0.05 grams carbon per mile.
    (3)(i) For vehicles with a Gross Vehicle Weight Rating of up to 
26,000 lbs, the standards set forth in paragraphs (b)(1) and (b)(2) of 
this section refer to a composite sample of evaporative emissions 
collected under the conditions and measured in accordance with the 
procedures set forth in subpart M of this part.
    (ii) For vehicles with a Gross Vehicle Weight Rating of greater than 
26,000 lbs., the standards set forth in paragraphs (b)(1)(ii) and 
(b)(2)(ii) of this section refer to the manufacturer's engineering 
design evaluation using good engineering practice (a statement of which 
is required in Sec. 86.091-23(b)(4)(ii)).
    (4) All fuel vapor generated in a gasoline- or methanol-fueled 
heavy-duty vehicle during in-use operations shall be routed exclusively 
to the evaporative control system (e.g., either canister or engine 
purge). The only exception to this requirement shall be for emergencies.
    (c)-(d) [Reserved]. For guidance see Sec. 86.098-10.
    (e) The standards described in this section do not apply to Otto-
cycle medium-duty passenger vehicles (MDPVs) that are subject to 
regulation under subpart S of this part, except as specified in subpart 
S of this part. The standards described in this section also do not 
apply to Otto-cycle engines used in such MDPVs, except as specified in 
subpart S of this part. The term ``medium-duty passenger vehicle'' is 
defined in Sec. 86.1803.

[58 FR 16026, Mar. 24, 1993, as amended at 59 FR 48503, Sept. 21, 1994; 
60 FR 43888, Aug. 23, 1995; 65 FR 6848, Feb. 10, 2000]



Sec. 86.099-11  Emission standards for 1999 and later model year diesel 
heavy-duty engines and vehicles.

    (a) Exhaust emissions from new 1999 and later model year diesel 
heavy-duty engines shall not exceed the following:
    (1)(i) Hydrocarbons (for diesel engines fueled with either 
petroleum-fuel or liquefied petroleum gas). 1.3 grams per brake 
horsepower-hour (0.48 gram per megajoule), as measured under transient 
operating conditions.
    (ii) Total Hydrocarbon Equivalent (for methanol-fueled diesel 
engines). 1.3 grams per brake horsepower-hour (0.48 gram per megajoule), 
as measured under transient operating conditions.
    (iii) Nonmethane hydrocarbons (for natural gas-fueled diesel 
engines). 1.2 grams per brake horsepower-hour (0.45 gram per megajoule), 
as measured under transient operating conditions.
    (2) Carbon monoxide. (i) 15.5 grams per brake horsepower-hour (5.77 
grams per megajoule), as measured under transient operating conditions.
    (ii) 0.50 percent of exhaust gas flow at curb idle (methanol-, 
natural gas-, and liquefied petroleum gas-fueled diesel only).
    (3) Oxides of Nitrogen. (i) 4.0 grams per brake horsepower-hour 
(1.49 grams per megajoule), as measured under transient operating 
conditions.
    (ii) A manufacturer may elect to include any or all of its diesel 
HDE families in any or all of the NOX or NOX plus 
NMHC ABT programs for HDEs, within the restrictions described in Sec. 
86.098-15 as applicable. If the manufacturer elects to include engine 
families in any of these programs, the NOX FELs may not 
exceed 5.0 grams per brake horsepower-hour (1.9 grams per megajoule). 
This ceiling value applies whether credits for the family are derived 
from averaging, trading or banking programs.
    (4) Particulate. (i) For diesel engines to be used in urban buses, 
0.05 gram per brake horsepower-hour (0.019 gram per megajoule) for 
certification testing and selective enforcement audit testing, and 0.07 
gram per brake horsepower-hour (0.026 gram per megajoule) for in-use 
testing, as measured under transient operating conditions.
    (ii) For all other diesel engines only, 0.10 gram per brake 
horsepower-hour (0.037 gram per megajoule), as measured under transient 
operating conditions.
    (iii) A manufacturer may elect to include any or all of its diesel 
HDE families in any or all of the particulate ABT programs for HDEs, 
within the restrictions described in Sec. 86.098-15 as applicable. If 
the manufacturer elects to include engine families in any of these

[[Page 520]]

programs, the particulate FEL may not exceed:
    (A) For engine families intended for use in urban buses, 0.25 gram 
per brake horsepower-hour (0.093 gram per megajoule);
    (B) For engine families not intended for use in urban buses, 0.60 
gram per brake horsepower-hour (0.22 gram per megajoule). This ceiling 
value applies whether credits for the family are derived from averaging, 
trading or banking programs.
    (b)(1) The opacity of smoke emission from new 1999 and later model 
year diesel heavy-duty engine shall not exceed:
    (i) 20 percent during the engine acceleration mode.
    (ii) 15 percent during the engine lugging mode.
    (iii) 50 percent during the peaks in either mode.
    (2) The standards set forth in paragraph (b)(1) of this section 
refer to exhaust smoke emissions generated under the conditions set 
forth in subpart I of this part and measured and calculated in 
accordance with those procedures.
    (3) Evaporative emissions (total of non-oxygenated hydrocarbons plus 
methanol) from heavy-duty vehicles equipped with methanol-fueled diesel 
engines shall not exceed the following standards. The standards apply 
equally to certification and in-use vehicles. The spitback standard also 
applies to newly assembled vehicles.
    (i) For vehicles with a Gross Vehicle Weight Rating of up to 14,000 
lbs:
    (A)(1) For the full three-diurnal test sequence described in Sec. 
86.1230-96, diurnal plus hot soak measurements: 3.0 grams per test.
    (2) For the supplemental two-diurnal test sequence described in 
Sec. 86.1230-96, diurnal plus hot soak measurements: 3.5 grams per 
test.
    (B) Running loss test: 0.05 grams per mile.
    (C) Fuel dispensing spitback test: 1.0 gram per test.
    (ii) For vehicles with a Gross Vehicle Weight Rating of greater than 
14,000 lbs:
    (A)(1) For the full three-diurnal test sequence described in Sec. 
86.1230-96, diurnal plus hot soak measurements: 4.0 grams per test.
    (2) For the supplemental two-diurnal test sequence described in 
Sec. 86.1230-96, diurnal plus hot soak measurements: 4.5 grams per 
test.
    (B) Running loss test: 0.05 grams per mile.
    (iii)(A) For vehicles with a Gross Vehicle Weight Rating of up to 
26,000 lbs, the standards set forth in paragraph (b)(3) of this section 
refer to a composite sample of evaporative emissions collected under the 
conditions and measured in accordance with the procedures set forth in 
subpart M of this part. For certification vehicles only, manufacturers 
may conduct testing to quantify a level of nonfuel background emissions 
for an individual test vehicle. Such a demonstration must include a 
description of the source(s) of emissions and an estimated decay rate. 
The demonstrated level of nonfuel background emissions may be subtracted 
from emission test results from certification vehicles if approved in 
advance by the Administrator.
    (B) For vehicles with a Gross Vehicle Weight Rating of greater than 
26,000 lbs., the standards set forth in paragraph (b)(3)(ii) of this 
section refer to the manufacturer's engineering design evaluation using 
good engineering practice (a statement of which is required in Sec. 
86.091-23(b)(4)(ii)).
    (iv) All fuel vapor generated during in-use operations shall be 
routed exclusively to the evaporative control system (e.g., either 
canister or engine purge). The only exception to this requirement shall 
be for emergencies.
    (4) Evaporative emissions from 1999 and later model year heavy-duty 
vehicles equipped with natural gas-fueled or liquefied petroleum gas-
fueled heavy-duty engines shall not exceed the following standards. The 
standards apply equally to certification and in-use vehicles.
    (i) For vehicles with a Gross Vehicle Weight Rating of up to 14,000 
pounds for the full three-diurnal test sequence described in Sec. 
86.1230-96, diurnal plus hot soak measurements: 3.0 grams per test.
    (ii) For vehicles with a Gross Vehicle Weight Rating of greater than 
14,000 pounds for the full three-diurnal test sequence described in 
Sec. 86.1230-96, diurnal plus hot soak measurements: 4.0 grams per 
test.

[[Page 521]]

    (iii)(A) For vehicles with a Gross Vehicle Weight Rating of up to 
26,000 pounds, the standards set forth in paragraph (b)(4) of this 
section refer to a composite sample of evaporative emissions collected 
under the conditions set forth in subpart M of this part and measured in 
accordance with those procedures.
    (B) For vehicles with a Gross Vehicle Weight Rating greater than 
26,000 pounds, the standards set forth in paragraphs (b)(3)(ii) and 
(b)(4)(ii) of this section refer to the manufacturer's engineering 
design evaluation using good engineering practice (a statement of which 
is required in Sec. 86.091-23(b)(4)(ii)).
    (c) No crankcase emissions shall be discharged into the ambient 
atmosphere from any new 1999 or later model year methanol-, natural gas-
, or liquefied petroleum gas-fueled diesel, or any naturally-aspirated 
diesel heavy-duty engine. For petroleum-fueled engines only, this 
provision does not apply to engines using turbochargers, pumps, blowers, 
or superchargers for air induction.
    (d) Every manufacturer of new motor vehicle engines subject to the 
standards prescribed in this section shall, prior to taking any of the 
actions specified in section 203(a)(1) of the Act, test or cause to be 
tested motor vehicle engines in accordance with applicable procedures in 
subpart I or N of this part to ascertain that such test engines meet the 
requirements of paragraphs (a), (b), (c), and (d) of this section.

[58 FR 34537, June 28, 1993, as amended at 59 FR 48503, Sept. 21, 1994; 
60 FR 43888, Aug. 23, 1995; 62 FR 54720, Oct. 21, 1997]



Sec. 86.099-17  Emission control diagnostic system for 1999 and later 
light-duty vehicles and light-duty trucks.

    (a) All light-duty vehicles and light-duty trucks shall be equipped 
with an on-board diagnostic (OBD) system capable of monitoring, for each 
vehicle's useful life, all emission-related powertrain systems or 
components. All systems and components required to be monitored by these 
regulations shall be evaluated periodically, but no less frequently than 
once per Urban Dynamometer Driving Schedule as defined in appendix I, 
paragraph (a), of this part, or similar trip as approved by the 
Administrator.
    (b) Malfunction descriptions. The OBD system shall detect and 
identify malfunctions in all monitored emission-related powertrain 
systems or components according to the following malfunction definitions 
as measured and calculated in accordance with test procedures set forth 
in subpart B of this part, excluding those test procedures described in 
Sec. 86.158-00. Paragraph (b)(1) of this section does not apply to 
diesel cycle light-duty vehicles or diesel cycle light-duty trucks, 
except where the catalyst is needed for NMHC control. Paragraphs (b)(2), 
(b)(3), and (b)(4) of this section do not apply to diesel cycle light-
duty vehicles or diesel cycle light-duty trucks.
    (1) Catalyst deterioration or malfunction before it results in an 
increase in NMHC emissions 1.5 times the NMHC standard, as compared to 
the NMHC emission level measured using a representative 4000 mile 
catalyst system.
    (2) Engine misfire resulting in exhaust emissions exceeding 1.5 
times the applicable standard for NMHC, CO or NOX; and any 
misfire capable of damaging the catalytic converter.
    (3) Oxygen sensor deterioration or malfunction resulting in exhaust 
emissions exceeding 1.5 times the applicable standard for NMHC, CO or 
NOX.
    (4) Any vapor leak in the evaporative and/or refueling system 
(excluding the tubing and connections between the purge valve and the 
intake manifold) greater than or equal in magnitude to a leak caused by 
a 0.040 inch diameter orifice; any absence of evaporative purge air flow 
from the complete evaporative emission control system. On vehicles with 
fuel tank capacity greater than 25 gallons, the Administrator may, 
following a request from the manufacturer, revise the size of the 
orifice to the smallest orifice feasible, based on test data, if the 
most reliable monitoring method available cannot reliably detect a 
system leak equal to a 0.040 inch diameter orifice.
    (5) Any deterioration or malfunction occurring in a powertrain 
system or component directly intended to control emissions, including 
but not necessarily limited to, the exhaust gas recirculation (EGR) 
system, if equipped,

[[Page 522]]

the secondary air system, if equipped, and the fuel control system, 
singularly resulting in exhaust emissions exceeding 1.5 times the 
applicable emission standard for NMHC, CO or NOX For vehicles 
equipped with a secondary air system, a functional check, as described 
in paragraph (b)(6) of this section, may satisfy the requirements of 
this paragraph provided the manufacturer can demonstrate that 
deterioration of the flow distribution system is unlikely. This 
demonstration is subject to Administrator approval and, if the 
demonstration and associated functional check are approved, the 
diagnostic system shall indicate a malfunction when some degree of 
secondary airflow is not detectable in the exhaust system during the 
check. For vehicles equipped with positive crankcase ventilation (PCV), 
monitoring of the PCV system is not necessary provided the manufacturer 
can demonstrate to the Administrator's satisfaction that the PCV system 
is unlikely to fail.
    (6) Any other deterioration or malfunction occurring in an 
electronic emission-related powertrain system or component not otherwise 
described above that either provides input to or receives commands from 
the on-board computer and has a measurable impact on emissions; 
monitoring of components required by this paragraph shall be satisfied 
by employing electrical circuit continuity checks and rationality checks 
for computer input components (input values within manufacturer 
specified ranges), and functionality checks for computer output 
components (proper functional response to computer commands) except that 
the Administrator may waive such a rationality or functionality check 
where the manufacturer has demonstrated infeasibility; malfunctions are 
defined as a failure of the system or component to meet the electrical 
circuit continuity checks or the rationality or functionality checks.
    (7) Oxygen sensor or any other component deterioration or 
malfunction which renders that sensor or component incapable of 
performing its function as part of the OBD system shall be detected and 
identified on vehicles so equipped.
    (8) Alternatively, for model years 1999 and 2000, engine families 
may comply with the malfunction descriptions of Sec. 86.098-17(a) and 
(b) in lieu of the malfunction descriptions in paragraphs (a) and (b) of 
this section. This alternative is not applicable after the 2000 model 
year.
    (c) Malfunction indicator light. The OBD system shall incorporate a 
malfunction indicator light (MIL) readily visible to the vehicle 
operator. When illuminated, it shall display ``Check Engine,'' ``Service 
Engine Soon,'' a universally recognizable engine symbol, or a similar 
phrase or symbol approved by the Administrator. A vehicle shall not be 
equipped with more than one general purpose malfunction indicator light 
for emission-related problems; separate specific purpose warning lights 
(e.g. brake system, fasten seat belt, oil pressure, etc.) are permitted. 
The use of red for the OBD-related malfunction indicator light is 
prohibited.
    (d) MIL illumination. The MIL shall illuminate and remain 
illuminated when any of the conditions specified in paragraph (b) of 
this section are detected and verified, or whenever the engine control 
enters a default or secondary mode of operation considered abnormal for 
the given engine operating conditions. The MIL shall blink once per 
second under any period of operation during which engine misfire is 
occurring and catalyst damage is imminent. If such misfire is detected 
again during the following driving cycle (i.e., operation consisting of, 
at a minimum, engine start-up and engine shut-off) or the next driving 
cycle in which similar conditions are encountered, the MIL shall 
maintain a steady illumination when the misfire is not occurring and 
shall remain illuminated until the MIL extinguishing criteria of this 
section are satisfied. The MIL shall also illuminate when the vehicle's 
ignition is in the ``key-on'' position before engine starting or 
cranking and extinguish after engine starting if no malfunction has 
previously been detected. If a fuel system or engine misfire malfunction 
has previously been detected, the MIL may be extinguished if the 
malfunction does not reoccur during three subsequent sequential trips 
during which

[[Page 523]]

similar conditions are encountered (engine speed is within 375 rpm, 
engine load is within 20 percent, and the engine's warm-up status is the 
same as that under which the malfunction was first detected), and no new 
malfunctions have been detected. If any malfunction other than a fuel 
system or engine misfire malfunction has been detected, the MIL may be 
extinguished if the malfunction does not reoccur during three subsequent 
sequential trips during which the monitoring system responsible for 
illuminating the MIL functions without detecting the malfunction, and no 
new malfunctions have been detected. Upon Administrator approval, 
statistical MIL illumination protocols may be employed, provided they 
result in comparable timeliness in detecting a malfunction and 
evaluating system performance, i.e., three to six driving cycles would 
be considered acceptable.
    (e) Storing of computer codes. The emission control diagnostic 
system shall record and store in computer memory diagnostic trouble 
codes and diagnostic readiness codes indicating the status of the 
emission control system. These codes shall be available through the 
standardized data link connector per SAE J1979 specifications 
incorporated by reference in paragraph (h) of this section.
    (1) A diagnostic trouble code shall be stored for any detected and 
verified malfunction causing MIL illumination. The stored diagnostic 
trouble code shall identify the malfunctioning system or component as 
uniquely as possible. At the manufacturer's discretion, a diagnostic 
trouble code may be stored for conditions not causing MIL illumination. 
Regardless, a separate code should be stored indicating the expected MIL 
illumination status (i.e., MIL commanded ``ON,'' MIL commanded ``OFF'').
    (2) For a single misfiring cylinder, the diagnostic trouble code(s) 
shall uniquely identify the cylinder, unless the manufacturer submits 
data and/or engineering evaluations which adequately demonstrate that 
the misfiring cylinder cannot be reliably identified under certain 
operating conditions. The diagnostic trouble code shall identify 
multiple misfiring cylinder conditions; under multiple misfire 
conditions, the misfiring cylinders need not be uniquely identified if a 
distinct multiple misfire diagnostic trouble code is stored.
    (3) The diagnostic system may erase a diagnostic trouble code if the 
same code is not re-registered in at least 40 engine warm-up cycles, and 
the malfunction indicator light is not illuminated for that code.
    (4) Separate status codes, or readiness codes, shall be stored in 
computer memory to identify correctly functioning emission control 
systems and those emission control systems which require further vehicle 
operation to complete proper diagnostic evaluation. A readiness code 
need not be stored for those monitors that can be considered 
continuously operating monitors (e.g., misfire monitor, fuel system 
monitor, etc.). Readiness codes should never be set to ``not ready'' 
status upon key-on or key-off; intentional setting of readiness codes to 
``not ready'' status via service procedures must apply to all such 
codes, rather than applying to individual codes. Subject to 
Administrator approval, if monitoring is disabled for a multiple number 
of driving cycles (i.e., more than one) due to the continued presence of 
extreme operating conditions (e.g., ambient temperatures below 40 
[deg]F, or altitudes above 8000 feet), readiness for the subject 
monitoring system may be set to ``ready'' status without monitoring 
having been completed. Administrator approval shall be based on the 
conditions for monitoring system disablement, and the number of driving 
cycles specified without completion of monitoring before readiness is 
indicated.
    (f) Available diagnostic data. (1) Upon determination of the first 
malfunction of any component or system, ``freeze frame'' engine 
conditions present at the time shall be stored in computer memory. 
Should a subsequent fuel system or misfire malfunction occur, any 
previously stored freeze frame conditions shall be replaced by the fuel 
system or misfire conditions (whichever occurs first). Stored engine 
conditions shall include, but are not limited to: engine speed, open or 
closed loop operation, fuel system commands, coolant temperature, 
calculated load value,

[[Page 524]]

fuel pressure, vehicle speed, air flow rate, and intake manifold 
pressure if the information needed to determine these conditions is 
available to the computer. For freeze frame storage, the manufacturer 
shall include the most appropriate set of conditions to facilitate 
effective repairs. If the diagnostic trouble code causing the conditions 
to be stored is erased in accordance with paragraph (d) of this section, 
the stored engine conditions may also be erased.
    (2) The following data in addition to the required freeze frame 
information shall be made available on demand through the serial port on 
the standardized data link connector, if the information is available to 
the on-board computer or can be determined using information available 
to the on-board computer: Diagnostic trouble codes, engine coolant 
temperature, fuel control system status (closed loop, open loop, other), 
fuel trim, ignition timing advance, intake air temperature, manifold air 
pressure, air flow rate, engine RPM, throttle position sensor output 
value, secondary air status (upstream, downstream, or atmosphere), 
calculated load value, vehicle speed, and fuel pressure. The signals 
shall be provided in standard units based on SAE specifications 
incorporated by reference in paragraph (h) of this section. Actual 
signals shall be clearly identified separately from default value or 
limp home signals.
    (3) For all emission control systems for which specific on-board 
evaluation tests are conducted (catalyst, oxygen sensor, etc.), the 
results of the most recent test performed by the vehicle, and the limits 
to which the system is compared shall be available through the 
standardized data link connector per SAE J1979 specifications 
incorporated by reference in paragraph (h) of this section.
    (4) Access to the data required to be made available under this 
section shall be unrestricted and shall not require any access codes or 
devices that are only available from the manufacturer.
    (g) The emission control diagnostic system is not required to 
evaluate systems or components during malfunction conditions if such 
evaluation would result in a risk to safety or failure of systems or 
components. Additionally, the diagnostic system is not required to 
evaluate systems or components during operation of a power take-off unit 
such as a dump bed, snow plow blade, or aerial bucket, etc.
    (h) Incorporation by reference materials. The emission control 
diagnostic system shall provide for standardized access and conform with 
the following Society of Automotive Engineers (SAE) standards and/or the 
following International Standards Organization (ISO) standards. The 
following documents are incorporated by reference. This incorporation by 
reference was approved by the Director of the Federal Register in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be 
inspected at Docket No. A-90-35 at EPA's Air docket (LE-131), room 1500 
M, 1st Floor, Waterside Mall, 401 M St., SW., Washington, DC, or at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.
    (1) SAE material. Copies of these materials may be obtained from the 
Society of Automotive Engineers, Inc., 400 Commonwealth Drive, 
Warrendale, PA 15096-0001.
    (i) SAE J1850 July 1995, ``Class B Data Communication Network 
Interface,'' shall be used as the on-board to off-board communications 
protocol. All emission related messages sent to the scan tool over a 
J1850 data link shall use the Cyclic Redundancy Check and the three byte 
header, and shall not use inter-byte separation or checksums.
    (ii) Basic diagnostic data (as specified in Sec. 86.094-17(e) and 
(f)) shall be provided in the format and units in SAE J1979 July 1996, 
E/E Diagnostic Test Modes.
    (iii) Diagnostic trouble codes shall be consistent with SAE J2012 
July 1996, ``Recommended Practices for Diagnostic Trouble Code 
Definitions.''
    (iv) The connection interface between the OBD system and test 
equipment and diagnostic tools shall meet the functional requirements of 
SAE

[[Page 525]]

J1962 January 1995, ``Diagnostic Connector.''
    (2) ISO materials. Copies of these materials may be obtained from 
the International Organization for Standardization, Case Postale 56, CH-
1211 Geneva 20, Switzerland.
    (i) ISO 9141-2 February 1994, ``Road vehicles--Diagnostic systems--
Part 2: CARB requirements for interchange of digital information,'' may 
be used as an alternative to SAE J1850 as the on-board to off-board 
communications protocol.
    (ii) [Reserved]
    (i) Deficiencies and alternate fueled vehicles. Upon application by 
the manufacturer, the Administrator may accept an OBD system as 
compliant even though specific requirements are not fully met. Such 
compliances without meeting specific requirements, or deficiencies, will 
be granted only if compliance would be infeasible or unreasonable 
considering such factors as, but not limited to, technical feasibility 
of the given monitor, lead time and production cycles including phase-in 
or phase-out of engines or vehicle designs and programmed upgrades of 
computers, and if any unmet requirements are not carried over from the 
previous model year except where unreasonable hardware or software 
modifications would be necessary to correct the non-compliance, and the 
manufacturer has demonstrated an acceptable level of effort toward 
compliance as determined by the Administrator. Furthermore, EPA will not 
accept any deficiency requests that include the complete lack of a major 
diagnostic monitor (``major'' diagnostic monitors being those for the 
catalyst, oxygen sensor, engine misfire, and evaporative leaks), with 
the possible exception of the special provisions for alternate fueled 
vehicles. For alternate fueled vehicles (e.g., natural gas, liquefied 
petroleum gas, methanol, ethanol), beginning with the model year for 
which alternate fuel emission standards are applicable and extending 
through the 2004 model year, manufacturers may request the Administrator 
to waive specific monitoring requirements of this section for which 
monitoring may not be reliable with respect to the use of the alternate 
fuel. At a minimum, alternate fuel vehicles shall be equipped with an 
OBD system meeting OBD requirements to the extent feasible as approved 
by the Administrator.
    (j) Demonstration of compliance with California OBD II requirements 
(Title 13 California Code Sec. 1968.1), as modified pursuant to 
California Mail Out 97-24 (December 9, 1997), shall satisfy the 
requirements of this section, except that compliance with Title 13 
California Code Secs. 1968.1(b)(4.2.2), pertaining to evaporative leak 
detection, and 1968.1(d), pertaining to tampering protection, are not 
required to satisfy the requirements of this section, and the deficiency 
fine provisions of 1968.1(m)(6.1) and (6.2) shall not apply.

[63 FR 70694, Dec. 22, 1998]



Sec. 86.099-30  Certification.

    This Sec. 86.099-30 includes text that specifies requirements that 
differ from Sec. 86.094-30, Sec. 86.095-30, Sec. 86.096-30, or Sec. 
86.098-30. Where a paragraph in Sec. 86.094-30, Sec. 86.095-30, Sec. 
86.096-30, or Sec. 86.098-30 is identical and applicable to Sec. 
86.099-30, this may be indicated by specifying the corresponding 
paragraph and the statement ``[Reserved]. For guidance see Sec. 86.094-
30.'' or ``[Reserved]. For guidance see Sec. 86.095-30.'' or 
``[Reserved]. For guidance see Sec. 86.096-30.'' or ``[Reserved]. For 
guidance see Sec. 86.098-30.''.
    (a)(1)-(a)(2) [Reserved]. For guidance see Sec. 86.094-30.
    (a)(3)(i) [Reserved]. For guidance see Sec. 86.098-30.
    (a)(3)(ii) and (a)(4)(ii) [Reserved]. For guidance see Sec. 86.095-
30.
    (a)(4)(iii) introductory text through (a)(4)(iii)(C) [Reserved]. For 
guidance see Sec. 86.094-30.
    (a)(4)(iv) introductory text [Reserved]. For guidance see Sec. 
86.095-30.
    (a)(4)(iv)(A)-(a)(9) [Reserved]. For guidance see Sec. 86.094-30.
    (a)(10)(i)-(a)(11)(ii)(C) [Reserved]. For guidance see Sec. 86.098-
30.
    (a)(12) [Reserved]. For guidance see Sec. 86.094-30.
    (a)(13) [Reserved]. For guidance see Sec. 86.095-30.
    (a)(14) [Reserved]. For guidance see Sec. 86.094-30.
    (a)(15)-(a)(18) [Reserved]. For guidance see Sec. 86.096-30.

[[Page 526]]

    (a)(19) introductory text through (a)(19)(iii) [Reserved]. For 
guidance see Sec. 86.098-30.
    (b)(1) introductory text through (b)(1)(i)(B) [Reserved]. For 
guidance see Sec. 86.094-30.
    (b)(1)(i)(C) [Reserved]. For guidance see Sec. 86.098-30.
    (b)(1)(ii)-(b)(1)(iv) [Reserved]. For guidance see Sec. 86.094-30.
    (b)(2) [Reserved]. For guidance see Sec. 86.098-30.
    (b)(3)-(b)(4)(i) [Reserved]. For guidance see Sec. 86.094-30.
    (b)(4)(ii) [Reserved]. For guidance see Sec. 86.098-30.
    (b)(4)(ii)(A) [Reserved]. For guidance see Sec. 86.094-30.
    (b)(4)(ii)(B)-(b)(4)(iv) [Reserved]. For guidance see Sec. 86.098-
30.
    (b)(5)-(e) [Reserved]. For guidance see Sec. 86.094-30.
    (f) For engine families required to have an emission control 
diagnostic system (an OBD system), certification will not be granted if, 
for any test vehicle approved by the Administrator in consultation with 
the manufacturer, the malfunction indicator light does not illuminate 
under any of the following circumstances, unless the manufacturer can 
demonstrate that any identified OBD problems discovered during the 
Administrator's evaluation will be corrected on production vehicles. 
Only paragraphs (f)(5) and (f)(6) of this section apply to diesel cycle 
vehicles and diesel cycle trucks where such vehicles and trucks are so 
equipped.
    (1) A catalyst is replaced with a deteriorated or defective 
catalyst, or an electronic simulation of such, resulting in an increase 
of 1.5 times the NMHC standard above the NMHC emission level measured 
using a representative 4000 mile catalyst system.
    (2) An engine misfire condition is induced resulting in exhaust 
emissions exceeding 1.5 times the applicable standards for NMHC, CO or 
NOX.
    (3) Any oxygen sensor is replaced with a deteriorated or defective 
oxygen sensor, or an electronic simulation of such, resulting in exhaust 
emissions exceeding 1.5 times the applicable standard for NMHC, CO or 
NOX.
    (4) A vapor leak is introduced in the evaporative and/or refueling 
system (excluding the tubing and connections between the purge valve and 
the intake manifold) greater than or equal in magnitude to a leak caused 
by a 0.040 inch diameter orifice, or the evaporative purge air flow is 
blocked or otherwise eliminated from the complete evaporative emission 
control system.
    (5) A malfunction condition is induced in any emission-related 
powertrain system or component, including but not necessarily limited 
to, the exhaust gas recirculation (EGR) system, if equipped, the 
secondary air system, if equipped, and the fuel control system, 
singularly resulting in exhaust emissions exceeding 1.5 times the 
applicable emission standard for NMHC, CO or NOX.
    (6) A malfunction condition is induced in an electronic emission-
related powertrain system or component not otherwise described above 
that either provides input to or receives commands from the on-board 
computer resulting in a measurable impact on emissions.

[63 FR 70697, Dec. 22, 1998]



Subpart B_Emission Regulations for 1977 and Later Model Year New 
Light-Duty Vehicles and New Light-Duty Trucks and New Otto-Cycle 

Complete Heavy-Duty Vehicles; Test Procedures

    Source: 42 FR 32954, June 28, 1977, unless otherwise noted.



Sec. 86.101  General applicability.

    (a) The provisions of this subpart are applicable to 1977 and later 
model year new light-duty vehicles and light duty trucks, and 2001 and 
later model year new Otto-cycle heavy-duty vehicles and engines 
certified under the provisions of subpart S of this part.
    (1) Sections 86.101 through 86.145-78 apply for 1978 and later model 
years.
    (2) [Reserved]
    (3) Sections 86.150 through 86.157 describe the refueling test 
procedures for light-duty vehicles and light duty trucks and apply for 
model years 1998 and later. They also describe the refueling test 
procedures for 2004 and later model year Otto-cycle complete heavy-duty 
vehicles that must meet

[[Page 527]]

the ORVR standards under the provisions of subpart S of this part.
    (4) For fuel economy testing according to part 600 of this chapter, 
in the model years of 2000 and 2001 only, manufacturers have the option 
to use the dynamometer provisions of Sec. 86.108-00(b)(1) and Sec. 
86.129-00 (a), (b), and (c) instead of the provisions of Sec. 86.108-
00(b)(2) and Sec. 86.129-00 (a), (e), and (f).
    (b) Provisions of this subpart apply to tests performed by both the 
Administrator and motor vehicle manufacturers.
    (c) National Low Emission Vehicle Program for light-duty vehicles 
and light light-duty trucks. A manufacturer may elect to certify 1999 
and later model year light-duty vehicles and light light-duty trucks to 
the provisions of the National Low Emission Vehicle Program contained in 
subpart R of this part. Subpart R of this part is applicable only to 
those manufacturers that opt into the National Low Emission Vehicle 
Program, under the provisions of subpart R of this part, and that have 
not exercised a valid opt-out from the National Low Emission Vehicle 
Program, which opt-out has gone into effect under the provisions of 
Sec. 86.1707. All provisions of this subpart are applicable to vehicles 
certified pursuant to subpart R of this part, except as specifically 
noted in subpart R of this part.
    (d) References in this subpart to engine families and emission 
control systems shall be deemed to apply to durability groups and test 
groups as applicable for manufacturers certifying new light-duty 
vehicles, light-duty trucks, and heavy-duty vehicles under the 
provisions of subpart S of this part.
    (e) References in this subpart to light-duty vehicles or light-duty 
trucks shall be deemed to apply to light-duty vehicles, light-duty 
trucks, or heavy-duty vehicles and engines as applicable for 
manufacturers certifying new light-duty vehicles, light-duty trucks, and 
heavy-duty vehicles and engines under the provisions of subpart S of 
this part.

[42 FR 32954, June 28, 1977, as amended at 59 FR 16295, Apr. 6, 1994; 59 
FR 48504, Sept. 21, 1994; 61 FR 54890, Oct. 22, 1996; 62 FR 31234, June 
6, 1997; 63 FR 965, Jan. 7, 1998; 64 FR 23921, May 4, 1999; 65 FR 59956, 
Oct. 6, 2000]



Sec. 86.102  Definitions.

    The definitions in subpart A apply to this subpart.

[45 FR 14508, Mar. 5, 1980]



Sec. 86.103  Abbreviations.

    The abbreviations in subpart A apply to this subpart.

[45 FR 14508, Mar. 5, 1980]



Sec. 86.104  Section numbering; construction.

    (a) The model year of initial applicability is indicated by the 
section number. The two digits following the hyphen designate the first 
model year for which a section is effective. A section remains effective 
until superseded.
    Example. Section 86.111-78 applies to the 1978 and subsequent model 
years until superseded. If a Sec. 86.111-81 is promulgated it would 
take effect beginning with the 1981 model year; Sec. 86.111-78 would 
apply to model years 1978 through 1980.
    (b) A section reference without a model year suffix refers to the 
section applicable for the appropriate model year.
    (c) Unless indicated otherwise, all provisions in this subpart apply 
to petroleum-fueled, natural gas-fueled, liquefied petroleum gas-fueled 
and methanol-fueled vehicles.

[42 FR 32954, June 28, 1977. Redesignated at 45 FR 14508, Mar. 5, 1980, 
as amended at 54 FR 14499, Apr. 11, 1989; 59 FR 48504, Sept. 21, 1994]



Sec. 86.105  Introduction; structure of subpart.

    (a) This subpart describes the equipment required and the procedures 
to follow in order to perform gaseous exhaust, particulate, and 
evaporative emission tests on light-duty vehicles and light-duty trucks. 
Subpart A of this part sets forth testing requirements and test 
intervals necessary to comply with EPA certification procedures. Not all 
emission measurement techniques described in this subpart will be 
necessary for all vehicles. Subpart A of this part defines the 
conditions under which vehicles may be exempted from measuring methane 
and/or waived from measuring particulate matter.
    (b) Three topics are addressed in this subpart. Sections 86.106 
through 86.115

[[Page 528]]

set forth specifications and equipment requirements; Sec. Sec. 86.116 
through 86.126 discuss calibration methods and frequency; test 
procedures and data requirements are listed in Sec. Sec. 86.127 through 
86.157.

[56 FR 25760, June 5, 1991, as amended at 59 FR 16295, Apr. 6, 1994; 59 
FR 48504, Sept. 21, 1994]



Sec. 86.106-00  Equipment required; overview.

    Section 86.106-00 includes text that specifies requirements that 
differ from Sec. 86.106-96. Where a paragraph in Sec. 86.106-96 is 
identical and applicable to Sec. 86.106-00, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.106-96.''
    (a) introductory text through (a)(2) [Reserved]. For guidance see 
Sec. 86.106-96.
    (a)(3) Fuel, analytical gas, and driving schedule specifications. 
Fuel specifications for exhaust and evaporative emissions testing and 
for mileage accumulation for petroleum-fueled and methanol-fueled 
vehicles are specified in Sec. 86.113. Analytical gases are specified 
in Sec. 86.114. The EPA Urban Dynamometer Driving Schedule (UDDS), 
US06, and SC03 driving schedules, for use in exhaust emission tests, and 
the New York City Cycle (NYCC), for use with the UDDS in running loss 
tests, are specified in Sec. Sec. 86.115, 86.130, 86.159, 86.160, and 
appendix I to this part.
    (b) [Reserved]

[61 FR 54890, Oct. 22, 1996]



Sec. 86.106-96  Equipment required; overview.

    (a) This subpart contains procedures for exhaust emission tests on 
petroleum-fueled, natural gas-fueled, liquefied petroleum gas-fueled, 
and methanol-fueled light-duty vehicles and light-duty trucks, and for 
evaporative emission tests on gasoline-fueled, natural gas-fueled, 
liquefied petroleum gas-fueled, and methanol-fueled light-duty vehicles 
and light-duty trucks. Certain items of equipment are not necessary for 
a particular test, e.g., evaporative enclosure when testing petroleum-
fueled diesel vehicles. Alternate equipment, procedures, and calculation 
methods may be used if shown to yield equivalent or superior results, 
and if approved in advance by the Administrator. Equipment required and 
specifications are as follows:
    (1) Evaporative emission tests, gasoline-fueled vehicles. The 
evaporative emission test is closely related to and connected with the 
exhaust emission test. All vehicles tested for evaporative emissions 
must undergo testing according to the test sequences described in Sec. 
86.130-96; however, the Administrator may omit measurement of exhaust 
emissions to test for evaporative emissions. The Administrator may 
truncate a test after any valid emission measurement without affecting 
the validity of the test. Further, unless the evaporative emission test 
is waived by the Administrator under Sec. 86.090-26 or Sec. 86.1810, 
as applicable, all vehicles must undergo both tests. (Petroleum-fueled 
diesel vehicles are excluded from the evaporative emission standard.) 
Section 86.107 specifies the necessary equipment.
    (2) Exhaust emission tests. All vehicles subject to this subpart are 
subject to testing for both gaseous and particulate exhaust emissions 
using the CVS concept (see Sec. 86.109), except where exemptions or 
waivers are expressly provided in subpart A of this part. Vehicles 
subject to the ``Tier 0'' (i.e., phase-out) standards described under 
subpart A of this part are exempted from testing for methane emissions. 
Otto-cycle vehicles subject to the ``Tier 0'' standards are waived from 
testing for particulates. For vehicles waived from the requirement for 
measuring particulate emissions, use of a dilution tunnel is not 
required (see Sec. 86.109). The CVS must be connected to the dilution 
tunnel if particulate emission sampling is required (see Sec. 86.110). 
Petroleum- and methanol-fueled diesel-cycle vehicle testing requires 
that a PDP-CVS or CFV-CVS with heat exchanger be used. (This equipment 
may be used with methanol-fueled Otto-cycle vehicles; however, 
particulates need not be measured for vehicles that are waived from the 
requirement). All vehicles equipped with evaporative canisters are 
preconditioned by loading the canisters with hydrocarbon vapors. 
Petroleum-fueled diesel vehicles are excluded from this requirement.

[[Page 529]]

    (3) Fuel, analytical gas, and driving schedule specifications. Fuel 
specifications for exhaust and evaporative emissions testing and for 
mileage accumulation are specified in Sec. 86.113. Analytical gases are 
specified in Sec. 86.114. The EPA Urban Dynamometer Driving Schedule 
(UDDS) for use in exhaust emissions tests is specified in Sec. 86.115 
and appendix I of this part.
    (b) [Reserved]

[58 FR 16026, Mar. 24, 1993, as amended at 59 FR 48504, Sept. 21, 1994; 
60 FR 43888, Aug. 23, 1995; 64 FR 23921, May 4, 1999]



Sec. 86.107-96  Sampling and analytical systems; evaporative emissions.

    (a) Testing enclosures--(1) Diurnal emission test. The enclosure 
shall be readily sealable, rectangular in shape, with space for 
personnel access to all sides of the vehicle. When sealed, the enclosure 
shall be gas tight in accordance with Sec. 86.117-96. Interior surfaces 
must be impermeable and nonreactive to hydrocarbons (and to methanol, if 
the enclosure is used for methanol-fueled vehicles). The temperature 
conditioning system shall be capable of controlling the internal 
enclosure air temperature to follow the prescribed temperature versus 
time cycle as specified in Sec. 86.133-96 and appendix II of this part, 
within an instantaneous tolerance of 3.0 [deg]F of 
the nominal temperature versus time profile throughout the test, and an 
average tolerance of 2.0 [deg]F over the duration of the test (where the 
average is calculated using the absolute value of each measured 
deviation). The control system shall be tuned to provide a smooth 
temperature pattern that has a minimum of overshoot, hunting, and 
instability about the desired long-term ambient temperature profile. 
Interior surface temperatures shall not be less than 40 [deg]F at any 
time during the diurnal emission test. To accommodate the volume changes 
due to enclosure temperature changes, either a variable-volume or fixed-
volume enclosure may be used for diurnal emission testing:
    (i) Variable-volume enclosure. The variable-volume enclosure expands 
and contracts in response to the temperature change of the air mass in 
the enclosure. Two potential means of accommodating the internal volume 
changes are movable panel(s), or a bellows design, in which impermeable 
bag(s) inside the enclosure expand and contract in response to internal 
pressure changes by exchanging air from outside the enclosure. Any 
design for volume accommodation must maintain the integrity of the 
enclosure as specified in Sec. 86.117-96 over the specified temperature 
range. Any method of volume accommodation shall limit the differential 
between the enclosure internal pressure and the barometric pressure to a 
maximum value of 2.0 inches of water. The 
enclosure shall be capable of latching to a fixed volume. A variable-
volume enclosure must be capable of accommodating a 7 percent change from its ``nominal volume'' (see Sec. 
86.117-96(b)), accounting for temperature and barometric pressure 
variation during testing.
    (ii) Fixed-volume enclosure. The fixed-volume enclosure shall be 
constructed with rigid panels that maintain a fixed enclosure volume, 
and meet the following requirements.
    (A) The enclosure shall be equipped with a mechanism to maintain a 
fixed internal air volume. This may be accomplished either by 
withdrawing air at a constant rate and providing makeup air as needed, 
or by reversing the flow of air into and out of the enclosure in 
response to rising or falling temperatures. If inlet air is added 
continuously throughout the test, it should be filtered with activated 
carbon to provide a relatively low and constant hydrocarbon level. Any 
method of volume accommodation shall maintain the differential between 
the enclosure internal pressure and the barometric pressure to a maximum 
value of 2.0 inches of water.
    (B) The equipment shall be capable of measuring the mass of 
hydrocarbon and methanol (if the enclosure is used for methanol-fueled 
vehicles) in the inlet and outlet flow streams with a resolution of 0.01 
gram per hour. A bag sampling system may be used to collect a 
proportional sample of the air withdrawn from and admitted to the 
enclosure. Alternatively, the inlet and outlet flow streams may be 
continuously analyzed using an on-line FID analyzer and integrated with 
the flow measurements to provide a continuous

[[Page 530]]

record of the mass hydrocarbon and methanol removal.
    (2) Running loss test. The enclosure shall be readily sealable, 
rectangular in shape, with space for personnel access to all sides of 
the vehicle. When sealed, the enclosure shall be gas tight in accordance 
with Sec. 86.117-96. The enclosure may be equipped with a personnel 
door, provided that the enclosure can still meet the requirements of 
Sec. 86.117-96 with the door installed. Interior surfaces must be 
impermeable and nonreactive to hydrocarbons and to methanol (if the 
enclosure is used for methanol-fueled vehicles). Interior surface 
temperatures shall not be less than 40 [deg]F. If a running loss 
enclosure meets all the requirements of paragraph (a)(1) of this 
section, it may be used as a diurnal evaporative emission enclosure. The 
enclosure must contain a dynamometer that meets the requirements of 
Sec. 86.108. Provisions shall be made to remove exhaust gases from the 
enclosure. During the running loss test, ambient temperatures must be 
maintained at 955 [deg]F (952 [deg]F on average). An air or oxygen cylinder with an 
attached self-contained breathing apparatus may be provided for the 
vehicle operator. The air required for vehicle operation shall be 
provided by one of the following methods:
    (i) The running loss enclosure may be equipped to supply air to the 
vehicle, at a temperature of 955 [deg]F, from 
sources outside of the running loss enclosure directly into the 
operating engine's air intake system. Supplemental air requirements 
(e.g., for an air pump) shall be supplied by drawing air from the engine 
intake source.
    (ii) If it is shown to yield equivalent or superior results, the 
running loss enclosure may be designed with an air makeup system that 
brings outside air into the enclosure to accommodate the aspiration 
needs of the engine and any auxiliary devices. The makeup air shall be 
monitored to establish the background hydrocarbon levels (or hydrocarbon 
and methanol, levels, if applicable) of the makeup air. A filter may be 
used to provide dry air with a stable concentration of background 
hydrocarbon. The makeup-air vent shall be readily sealable for 
calibration of the enclosure and other purposes. For calculation of 
running loss emissions, it may be assumed that the hydrocarbon and 
methanol concentration in the air consumed by the vehicle is the same as 
that of the rest of the air in the enclosure.
    (3) Hot soak test. The hot soak test may be conducted by holding the 
vehicle in an enclosure that meets the requirements for either diurnal 
emission or running loss tests. The enclosure shall be configured to 
provide an internal enclosure ambient temperature of 9510 [deg]F for the first 5 minutes, and 955 [deg]F (952 [deg]F on average) 
for the remainder of the hot soak test.
    (i) If the hot soak test is conducted in the same enclosure as the 
immediately preceding running loss test, interior surface temperatures 
shall not be below 70 [deg]F for the last 55 minutes of the hot soak 
test.
    (ii) If the hot soak test is not conducted in the same enclosure as 
the immediately preceding running loss test, interior surface 
temperatures shall not be below 70 [deg]F for the duration of the hot 
soak test.
    (b) Evaporative emission hydrocarbon and methanol analyzers. (1) For 
gasoline fueled, natural gas-fueled, liquefied petroleum gas-fueled and 
methanol-fueled vehicles a hydrocarbon analyzer utilizing the hydrogen 
flame ionization principle (FID) shall be used to monitor the atmosphere 
within the enclosure (a heated FID (HFID)(235[deg]15 [deg]F (1138 [deg]C)) is 
recommended for methanol-fueled vehicles). For natural gas-fueled 
vehicles, the FID may be calibrated using methane, or if calibrated 
using propane the FID response to methane shall be determined and 
applied to the FID hydrocarbon reading. Provided evaporative emission 
results are not effected, a probe may be used to detect or verify 
hydrocarbon sources during a running loss test. Instrument bypass flow 
may be returned to the enclosure. The FID shall have a response time to 
90 percent of final reading of less than 1.5 seconds.
    (2) For methanol-fueled vehicles, a methanol sampling and analyzing 
system is required in addition to the FID analyzer. The methanol 
sampling equipment shall consist of impingers for collecting the 
methanol sample and appropriate equipment for drawing the

[[Page 531]]

sample through the impingers. The analytical equipment shall consist of 
a gas chromatograph equipped with a flame ionization detector.
    (3) The methanol sampling system shall be designed such that, if a 
test vehicle emitted the maximum allowable level of methanol (based on 
all applicable standards) during any phase of the test, the measured 
concentration in the primary impinger would exceed either 25 mg/l or a 
concentration equal to 25 times the limit of detection for the GC 
analyzer, and such that the primary impinger collects at least 90 
percent of the analyte in the samples. The remaining analyte shall be 
collected by the secondary impinger. This requirement does not apply to 
dilution air samples, since they do not require secondary impingers, or 
to samples in which the concentrations approach the limit of detection. 
The provisions of this paragraph apply to the design of sampling 
systems, not to individual tests.
    (c) Evaporative emission hydrocarbon and methanol data recording 
system. (1) The electrical output of the FID used for measuring 
hydrocarbons (or hydrocarbons plus methanol, as appropriate) shall be 
recorded at least at the initiation and termination of each running loss 
and hot soak test, and at least at the initiation and termination of the 
enclosure sampling period(s) for the diurnal emission test, as described 
in Sec. 86.133. The recording may be taken by means of a strip chart 
potentiometric recorder, by use of an on-line computer system or other 
suitable means. In any case, the recording system must have operational 
characteristics (signal-to-noise ratio, speed of response, etc.) 
equivalent to or better than those of the signal source being recorded, 
and must provide a permanent record of results. The record shall show a 
positive indication of the initiation and completion of each hot soak, 
running loss, or diurnal emission test (including initiation and 
completion of sampling period(s)), along with the time elapsed during 
each soak.
    (2) For the methanol sample, permanent records shall be made of the 
following: the volumes of deionized water introduced into each impinger, 
the rate and time of sample collection, the volumes of each sample 
introduced into the gas chromatograph, the flow rate of carrier gas 
through the column, the column temperature, and the chromatogram of the 
analyzed sample.
    (d) Fuel temperature control system. Fuel temperatures of the test 
vehicle shall be controlled, as specified in Sec. 86.134(g)(1)(xv), 
with the following combination of fans. The control system shall be 
tuned and operated to provide a smooth and continuous fuel temperature 
profile that is representative of the on-road temperature profile. The 
running loss test configuration should be designed to avoid heating or 
cooling the fuel tank's vapor space in a way that would cause vapor 
temperature behavior to be unrepresentative of the vehicle's on-road 
profile.
    (1) A vehicle cooling fan shall discharge air to the front of the 
vehicle. The fan shall be a road-speed modulated fan that is controlled 
to a discharge velocity that follows the dynamometer roll speed, at 
least up to speeds of 30 mph, throughout the driving cycle. If a warning 
light or gauge indicates that the vehicle's engine coolant has 
overheated, subsequent test runs on the vehicle must include a vehicle 
cooling fan that follows the dynamometer roll speed at all speeds 
throughout the test cycle. The fan may direct airflow to both the 
vehicle radiator air inlet(s) and the vehicle underbody.
    (2) An additional fan may be used to discharge airflow from the 
front of the vehicle directly to the vehicle underbody to control fuel 
temperatures. Such a fan shall provide a total discharge airflow not to 
exceed 8,000 cfm.
    (3) Additional fans may be used to route heating or cooling air 
directly at the bottom of the vehicle's fuel tank. The air supplied to 
the tank shall be between 85[deg] and 160 [deg]F, with a total discharge 
airflow not to exceed 4,000 cfm. For exceptional circumstances, 
manufacturers may direct up to 6,000 cfm at the bottom of the fuel tank 
with the advance approval of the Administrator.
    (4) Direct fuel heating may be needed for canister preconditioning, 
as specified in Sec. 86.132(j)(2). Also, under exceptional 
circumstances in which airflow alone is insufficient to control fuel

[[Page 532]]

temperatures during the running loss test, direct fuel tank heating may 
be used (see Sec. 86.134-96(g)(1)(xv)). The heating system must not 
cause hot spots on the tank wetted surface that could cause local 
overheating of the fuel. Heat must not be applied directly to the tank's 
vapor space, nor to the liquid-vapor interface.
    (e) Temperature recording system. A strip chart potentiometric 
recorder, an on-line computer system, or other suitable means shall be 
used to record enclosure ambient temperature during all evaporative 
emission test segments, as well as vehicle fuel tank temperature during 
the running loss test. The recording system shall record each 
temperature at least once every minute. The recording system shall be 
capable of resolving time to 15 s and capable of 
resolving temperature to 0.75 [deg]F (0.42 [deg]C). The temperature recording system (recorder 
and sensor) shall have an accuracy of 3 [deg]F 
(1.7 [deg]C). The recorder (data processor) shall 
have a time accuracy of 15 s and a precision of 
15 s. Enclosures shall be equipped with two 
ambient temperature sensors, connected to provide one average output, 
located 3 feet above the floor at the approximate mid-length of each 
side wall of the enclosure and within 3 to 12 inches of each side wall. 
For diurnal emission testing, an additional temperature sensor shall be 
located underneath the vehicle to provide a temperature measurement 
representative of the air temperature under the fuel tank. For running 
loss testing, an ambient temperature sensor shall be located at the 
inlet to the fan that provides engine cooling. Manufacturers shall 
arrange that vehicles furnished for testing at federal certification 
facilities be equipped with temperature sensors for measurement of fuel 
tank temperatures. Vehicles shall be equipped with two temperature 
sensors installed to provide an average liquid fuel temperature. The 
temperature sensors shall be placed to measure the temperature at the 
mid-volume of the liquid fuel at a fill level of 40 percent of nominal 
tank capacity. An additional temperature sensor may be placed to measure 
vapor temperatures approximately at the mid-volume of the vapor space, 
though measurement of vapor temperatures is optional during the running 
loss test. In-tank temperature sensors are not required for the 
supplemental two-diurnal test sequence specified in Sec. 86.130-96.
    (f) Pressure recording system. A strip chart potentiometric 
recorder, an on-line computer system, or other suitable means, shall be 
used to record the enclosure gage pressure for any testing in an 
enclosure, as well as the vehicle's fuel tank pressure during the 
running loss test and the outdoor driving procedure specified in Sec. 
86.129-94(d). Fuel tank pressure measurement and recording equipment are 
optional during the running loss test. The recording system shall record 
each pressure at least once every minute. The recording system shall be 
capable of resolving time to 15 s and capable of 
resolving pressure to 0.1 inches of water. The 
pressure recording system (recorder and sensor) shall have an accuracy 
of 1.0 inch of water. The recorder (data 
processor) shall have a time accuracy of 15 s and 
a precision of 15 s. The pressure transducer shall 
be installed to measure the pressure in the vapor space of the fuel 
tank.
    (g) Purge blower. One or more portable or fixed blowers shall be 
used to purge the enclosure. The blowers shall have sufficient flow 
capacity to reduce the enclosure hydrocarbon and/or methanol 
concentration from the test level to the ambient level between tests. 
Actual flow capacity will depend upon the time available between tests.
    (h) Mixing blower. Blowers or fans shall be used to mix the 
enclosure contents during evaporative emission testing. The inlets and 
outlets of the air circulation blower(s) shall be configured to provide 
a well dispersed air circulation pattern that produces effective 
internal mixing and avoids significant temperature or hydrocarbon 
stratification. Maintenance of uniform concentrations throughout the 
enclosure is important to the accuracy of testing.
    (1) Diurnal emission test. Blowers or fans shall have a capacity of 
0.80.2 cfm per cubic foot of the nominal enclosure 
volume for mixing in the enclosure. Additional fans may be used to 
maintain a minimum wind speed of 5 mph (8

[[Page 533]]

km/h) under the fuel tank of the test vehicle.
    (2) Running loss test. Blowers or fans shall have a total capacity 
of at least 1.0 cfm per cubic foot of the nominal enclosure volume.
    (3) Hot soak test. Blowers or fans must have a capacity of 0.80.2 cfm per cubic foot of the nominal enclosure volume. 
Circulated air shall not be aimed directly at the vehicle.
    (i) Point-source running loss measurement facility. Some system 
requirements pertain specifically to running loss testing by the point-
source method, in which emissions from potential sources are collected 
and routed to a sampling system. Emissions are sampled with the same 
equipment and techniques as for exhaust emission measurement. The test 
environment must contain a dynamometer that meets the requirements of 
Sec. 86.108. During the running loss test, ambient temperatures must be 
maintained at 955 [deg]F (952 [deg]F on average). An air or oxygen cylinder with an 
attached self-contained breathing apparatus may be provided for the 
vehicle operator.
    (1) The running loss vapor vent collection system shall be 
configured to collect all running loss emissions from each of the 
discrete point sources that function as vehicle fuel system vapor vents, 
and transport the collected vapor emissions to a CFV- or PDP-based 
dilution and measurement system. The collection system shall consist of 
a collector at each vehicle vapor vent, lengths of heated sample line 
connecting each collector to the inlet of the heated sample pump, and 
lengths of heated sample line connecting the outlet of the heated sample 
pump to the inlet of the running loss fuel vapor sampling system. Up to 
3 feet of unheated line connecting each of the vapor collectors to the 
heated sample lines shall be allowed. Each heated sample pump and its 
associated sample lines shall be maintained at a temperature between 175 
[deg]F and 200 [deg]F to prevent condensation of fuel vapor in the 
sample lines. The heated sample pump(s) and its associated flow controls 
shall be configured and operated to draw a flow of ambient air into each 
collector at a flow rate of at least 0.67 cfm. The flow controls on each 
heated sampling system shall include an indicating flow meter that 
provides an alarm output to the data recording system if the flow rate 
drops below 0.67 cfm by more than 5 percent. The collector inlet for 
each discrete vapor vent shall be placed in proximity to the vent as 
necessary to capture any fuel vapor emissions without significantly 
affecting flow or pressure of the normal action of the vent. The 
collector inlets shall be designed to interface with the configuration 
and orientation of each specific vapor vent. For vapor vents that 
terminate in a tube or hose barb, a short length of tubing of an inside 
diameter larger throughout its length than the inside diameter of the 
vent outlet may be used to extend the vent into the mouth of the 
collector. For those vapor vent designs that are not compatible with 
such collector configurations, the vehicle manufacturer shall supply a 
collector that is configured to interface with the vapor vent design and 
that terminates in a fitting that is capable of capturing all vapor 
emitted from the vent. The Administrator may test for running losses by 
the point-source method without heating sample lines or pumps.
    (2) The running loss fuel vapor sampling system shall be a CFV- or 
PDP-based dilution and measurement system that further dilutes the 
running loss fuel vapors collected by the vapor vent collection 
system(s) with ambient air, collects continuously proportional samples 
of the diluted running loss vapors and dilution air in sample bags, and 
measures the total dilute flow through the sampling system over each 
test interval. In practice, the system shall be configured and operated 
in a manner that is directly analogous to an exhaust emissions constant 
volume sampling system, except that the input flow to the system is the 
flow from the running loss vapor vent collection system(s) instead of 
vehicle exhaust flow. The system shall be configured and operated to 
meet the following requirements:
    (i) The running loss fuel vapor sampling system shall be designed to 
measure the true mass of fuel vapor emissions collected by the running 
loss vapor vent collection system from the specified fuel vapor vents. 
The total

[[Page 534]]

volume of the mixture of running loss emissions and dilution air shall 
be measured and a continuously proportioned sample of volume shall be 
collected for analysis. Mass emissions shall be determined from the 
sample concentration and total flow over the test period.
    (ii) The PDP-CVS shall consist of a dilution air filter and mixing 
assembly, heat exchanger, positive-displacement pump, sampling system, 
and associated valves, pressure and temperature sensors. The PDP-CVS 
shall conform to the following requirements:
    (A) The gas mixture temperature, measured at a point immediately 
ahead of the positive-displacement pump, shall be within 10 [deg]F of the designed operating temperature at the 
start of the test. The gas mixture temperature variation from its value 
at the start of the test shall be limited to 10 
[deg]F during the entire test. The temperature measuring system shall 
have an accuracy and precision of 2 [deg]F.
    (B) The pressure gauges shall have an accuracy and precision of 
1.6 inches of water (0.4 
kPa).
    (C) The flow capacity of the CVS shall not exceed 350 cfm.
    (D) Sample collection bags for dilution air and running loss fuel 
vapor samples shall be sufficient size so as not to impede sample flow.
    (iii) The CFV sample system shall consist of a dilution air filter 
and mixing assembly, a sampling venturi, a critical flow venturi, a 
sampling system and assorted valves, and pressure and temperature 
sensors. The CFV sample system shall conform to the following 
requirements:
    (A) The temperature measuring system shall have an accuracy and 
precision of 2 [deg]F and a response time of 0.100 
seconds of 62.5 percent of a temperature change (as measured in hot 
silicone oil).
    (B) The pressure measuring system shall have an accuracy and 
precision of 1.6 inches of water (0.4 kPa).
    (C) The flow capacity of the CVS shall not exceed 350 cfm.
    (D) Sample collection bags for dilution air and running loss fuel 
vapor samples shall be of sufficient size so as not to impede sample 
flow.
    (3) An on-line computer system or strip-chart recorder shall be used 
to record the following additional parameters during the running loss 
test sequence:
    (i) CFV (if used) inlet temperature and pressure.
    (ii) PDP (if used) inlet temperature, pressure, and differential 
pressure.

[58 FR 16027, Mar. 24, 1993, as amended at 59 FR 48505, Sept. 21, 1994; 
60 FR 34335, June 30, 1995; 60 FR 43888, Aug. 23, 1995]



Sec. 86.107-98  Sampling and analytical system.

    Section 86.107-98 includes text that specifies requirements that 
differ from Sec. 86.107-96. Where a paragraph in Sec. 86.107-96 is 
identical and applicable to Sec. 86.107-98, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.107-96.'' Where a corresponding paragraph of 
Sec. 86.107-96 is not applicable, this is indicated by the statement 
``[Reserved].''
    (a)(1)-(a)(3) [Reserved]. For guidance see Sec. 86.107-96.
    (a)(4) Refueling emissions test. The requirements detailed in Sec. 
86.107-90 (a)(1) shall apply. Alternatively, an enclosure meeting the 
specifications detailed in Sec. 86.107-96 (a)(1), (2), or (3) may be 
used if approved in advance by the Administrator. In addition, the 
enclosure shall have one or more access ports leading to flexible, 
automatic sealing boots, in the wall(s) of the enclosure. The function 
of the access port(s) and boots shall be to allow fueling of the test 
vehicle from a fuel nozzle and hose located outside of the enclosure, 
with only the spout of the nozzle passing through the automatic sealing 
opening of the boot during fueling. There shall be no loss in the gas 
tightness of the enclosure at the opening of the boot either when the 
nozzle is inserted or when the nozzle is not inserted.
    (b)-(d) [Reserved]. For guidance see Sec. 86.107-96.
    (e) Temperature recording system--(1) For all emission testing. A 
strip chart potentiometric recorder, an on-line computer system, or 
other suitable means shall be used to record enclosure ambient 
temperature during all evaporative emission test segments, as well

[[Page 535]]

as vehicle fuel tank temperature during the running loss test. The 
recording system shall record each temperature at least once every 
minute. The recording system shall be capable of resolving time to 
15 s and capable of resolving temperature to 
0.75 [deg]F (0.42 [deg]C). 
The temperature recording system (recorder and sensor) shall have an 
accuracy of 3 [deg]F (1.7 
[deg]C). The recorder (data processor) shall have a time accuracy of 
15 s and a precision of 15 
s. Enclosures shall be equipped with two ambient temperature sensors, 
connected to provide one average output, located 3 feet above the floor 
at the approximate mid-length of each side wall of the enclosure and 
within 3 to 12 inches of each side wall. For diurnal emission testing, 
an additional temperature sensor shall be located underneath the vehicle 
to provide a temperature measurement representative of the temperature 
of the air under the fuel tank. For running loss testing, an ambient 
temperature sensor shall be located at the inlet to the fan that 
provides engine cooling. Manufacturers shall arrange that vehicles 
furnished for testing at federal certification facilities be equipped 
with temperature sensors for measurement of fuel tank temperature. 
Vehicles shall be equipped with 2 temperature sensors installed to 
provide an average liquid fuel temperature. The temperature sensors 
shall be placed to measure the temperature at the mid-volume of the 
liquid fuel at a fill level of 40 percent of nominal tank capacity. An 
additional temperature sensor may be placed to measure vapor 
temperatures approximately at the mid-volume of the vapor space, though 
measurement of vapor temperatures is optional during the running loss 
test. In-tank temperature sensors are not required for the supplemental 
two-diurnal test sequence specified in Sec. 86.130-96 or for the 
refueling test specified in Sec. 86.151-98.
    (2) Refueling emission testing only. In addition to the enclosure 
ambient temperature recording system described in paragraph (e)(1) of 
this section, strip chart recorder(s) or automatic data processor shall 
be used to record vehicle soak area ambient temperature and dispensed 
fuel temperature at the nozzle during the test. The temperature 
recorder(s) or data processor shall record each temperature at least 
once every 20 seconds (the soak area ambient temperature recorder may be 
a continuous recording system). The recording system shall be capable of 
resolving time to 15s and be capable of resolving 
temperature to 0.75 [deg]F (0.42 [deg]C).
    (f)-(h)(3) [Reserved]. For guidance see Sec. 86.107-96.
    (h)(4) Refueling emission test. Blowers or fans must have a capacity 
of 0.80.2 cfm per cubic foot of the nominal 
enclosure volume. Circulated air shall not be aimed directly at the 
vehicle.
    (5) Spilled fuel mixing blower; refueling emission test. An 
explosion-proof blower of 100-200 ft\3\/min (2.8-5.7 m\3\/min) capacity 
is required to enhance mixing of vapors from spilled fuel through the 
enclosure atmosphere during tests. The discharge from this blower shall 
be directed toward the region of the enclosure floor where fuel spillage 
during fueling may occur.
    (i) [Reserved]. For guidance see Sec. 86.107-96.
    (j) Refueling equipment. The refueling equipment shall consist of a 
fuel delivery system with temperature control equipment, fuel flow 
safety switch, dispensing pump, hose, nozzle and a meter to measure the 
dispensed fuel volume. The dispensing nozzle shall be a commercial 
model, not equipped with vapor recovery hardware. A fuel recirculation 
system may be utilized to avoid trapping of unheated fuel in the hose. 
The fuel delivery system must be capable of delivering fuel at 671.5 [deg]F (19.40.8 [deg]C) and a 
constant flow rate between 4.2 and 9.8 gal/min (15.9 and 37.1 liter/min) 
with a tolerance of 0.3 gal/min (1.1 liter/min) during the refueling emissions 
measurement phase of the test. The accuracy of the meter for measuring 
the dispensed fuel volume shall be 2 percent at 
the test flow rate.

[59 FR 16295, Apr. 6, 1994, as amended at 60 FR 43890, Aug. 23, 1995]



Sec. 86.108-00  Dynamometer.

    (a) The dynamometer shall simulate the road load force and inertia 
specified for the vehicle being tested, and shall determine the distance 
traveled

[[Page 536]]

during each phase of the test procedure.
    (b) Two types of dynamometer roll configurations are currently 
approved by the Administrator:
    (1) A small twin-roll dynamometer that has a nominal roll diameter 
of 8.65 inches and a nominal roll spacing of 17 inches; and
    (2)(i) An electric dynamometer that has a single roll with a nominal 
diameter of 48 inches (1.20 to 1.25 meters).
    (ii)(A) The dynamometer must be capable of dynamically controlling 
inertia load during the US06 test cycle as a function of a vehicle 
throttle position signal if a manufacturer desires using the following 
test option. Any time the duration of throttle operation greater than or 
equal to 85% of wide open throttle (WOT) is greater than or equal to 
eight seconds, the test inertia load may be adjusted during any of five 
EPA specified acceleration events by an amount of load that will 
eliminate additional throttle operation greater than or equal to 85% of 
WOT.
    (B)(1) The specific US06 schedule accelerations time periods where 
inertia load adjustments may be applied are:
    (i) 49 through 69 seconds;
    (ii) 83 through 97 seconds;
    (iii) 135 through 165 seconds;
    (iv) 315 through 335 seconds; and
    (v) 568 through 583 seconds.
    (2) During these five time intervals when inertia load adjustment is 
occurring, inertia load adjustment is discontinued when throttle 
operation is less than 85% of WOT or at the end of the specified time 
interval.
    (C) Each type of generic application for implementing this concept 
must receive the Administrator's approval before a manufacturer may use 
these inertia adjustments for official US06 schedule certification 
tests.
    (c) Other dynamometer configurations may be used for testing if it 
can be demonstrated that the simulated road load power and inertia are 
equivalent, and if approved in advance by the Administrator.
    (d) An electric dynamometer meeting the requirements of paragraph 
(b)(2) of this section, or a dynamometer approved as equivalent under 
paragraph (c) of this section, must be used for all types of emission 
testing in the following situations.
    (1)(i) Gasoline vehicles which are part of an engine family which is 
designated to meet the phase-in of SFTP compliance required under the 
implementation schedule of table A00-1 of Sec. 86.000-08, or table A00-
3, or table A00-5 of Sec. 86.000-09.
    (ii) Diesel LDVs and LDT1s which are part of an engine family which 
is designated to meet the phase-in of SFTP compliance required under the 
implementation schedule of table A00-1 of Sec. 86.000-08, or table A00-
3, or table A00-5 of Sec. 86.000-09.
    (2) Starting with the 2002 model year, any light-duty vehicle or 
light light-duty truck which uses any regulated fuel.
    (3) Starting with the 2004 model year, any heavy light-duty truck 
which uses any regulated fuel.

[61 FR 54890, Oct. 22, 1996]



Sec. 86.108-79  Dynamometer.

    (a) The dynamometer shall have a power absorption unit for 
simulation of road load power and flywheels or other means of simulating 
the inertia weight as specified in Sec. 86.129.
    (b)(1) The dynamometer shall have a roll or shaft revolution counter 
for determination of distance driven.
    (2) In lieu of the requirement in (b) (1) of this section the 
manufacturer shall provide some means, approved in advance by the 
Administrator, for the determination of distance driven.
    (c) Small twin-roll dynamometers shall have a nominal roll diameter 
of 8.65 inches and a nominal roll spacing of 17 inches. Large single-
roll dynamometers shall have a nominal roll diameter of 48 inches. 
Dynamometers with other roll specifications may be used if the total 
simulated road load power can be shown to be equivalent, and if approved 
in advance by the Administrator.

[42 FR 45651, Sept. 12, 1977]

[[Page 537]]



Sec. 86.109-94  Exhaust gas sampling system; Otto-cycle vehicles not 
requiring particulate emission measurements.

    (a)(1) General. The exhaust gas sampling system described in this 
paragraph is designed to measure the true mass of gaseous emissions in 
the exhaust of either Otto-cycle light-duty vehicles or light-duty 
trucks which are waived from requirements for the measurement of 
particulate emissions. In the CVS concept of measuring mass emissions, 
two conditions must be satisfied: the total volume of the mixture of 
exhaust and dilution air must be measured, and a continuously 
proportioned volume of sample must be collected for analysis. Mass 
emissions are determined from the sample concentration and total flow 
over the test period.
    (2) Vehicle tailpipe to CVS Duct. For methanol-fueled vehicles, 
cooling of the exhaust gases in the duct connecting the vehicle tailpipe 
to the CVS shall be minimized. This may be accomplished by:
    (i) Using a duct of unrestricted length maintained at a temperature 
above the maximum dew point of the exhaust, but below 250 [deg]F (121 
[deg]C); heating and possibly cooling capabilities are required; or
    (ii) Using a short duct (up to 12 feet long) constructed of smooth 
wall pipe with a minimum of flexible sections, maintained at a 
temperature above the maximum dew point of the exhaust, but below 250 
[deg]F (121 [deg]C), prior to the test and during the 10 minute hot soak 
segment and uninsulated during the test (insulation may remain in place 
and/or heating may occur during testing provided maximum temperature is 
not exceeded); or
    (iii) Using smooth wall duct less than five feet long with no 
required heating. A maximum of two short flexible connectors are allowed 
under this option; or
    (iv) Omitting the duct and performing the exhaust gas dilution 
function at the vehicle tailpipe exit.
    (3) Positive displacement pump. The Positive Displacement Pump-
Constant Volume Sampler (PDP-CVS), Figure B94-1 satisfies the first 
condition by metering at a constant temperature and pressure through the 
pump. The total volume is measured by counting the revolutions made by 
the calibrated positive displacement pump. The proportional samples for 
the bag sample, and for methanol-fueled vehicles, the methanol sample 
(Figure B94-2) and the formaldehyde sample (Figure B94-3), are achieved 
by sampling at a constant flow rate. For methanol-fueled vehicles, the 
sample lines for the methanol and formaldehyde samples are heated to 
prevent condensation. The temperature of the sample lines shall be more 
than 5 [deg]F (3 [deg]C) above the maximum dew point of the sample, but 
below 250 [deg]F (121 [deg]C). (Note: For 1990 through 1994 model year 
methanol-fueled vehicles, methanol and formaldehyde sampling may be 
omitted provided the bag sample (hydrocarbons and methanol) is analyzed 
using a HFID calibrated with methanol.)

[[Page 538]]

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[[Page 539]]


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[[Page 540]]


[GRAPHIC] [TIFF OMITTED] TR06OC93.147

    (4) Critical flow venturi. The operation of the Critical Flow 
Venturi-Constant Volume Sampler (CFV-CVS) sample system, Figure B94-4, 
is based upon the principles of fluid dynamics associated with critical 
flow. Proportional sampling throughout temperature excursions is 
maintained by use of small

[[Page 541]]

CFVs in the sample lines (for methanol-fueled vehicles, one line 
supplies sample for the bag sample, another line supplies sample for the 
methanol sample, and a third line supplies sample for the formaldehyde 
sample.) The methanol and formaldehyde sample lines are heated to 
prevent condensation. The temperature of the sample lines shall be more 
than 5 [deg]F (3 [deg]C) above the maximum dew point of the sample, but 
below 250 [deg]F (121 [deg]C). Care should be taken to ensure that the 
CFVs of the sample probes are not heated since heating of the CFVs would 
cause loss of proportionality. The variable mixture flow rate is 
maintained at sonic velocity, is inversely proportional to the square 
root of the gas temperature, and is computed continuously. Since the 
pressure and temperature are the same at all venturi inlets, the sample 
volume is proportional to the total volume. (Note: For 1990 through 1994 
model year methanol-fueled vehicles, methanol and formaldehyde sampling 
may be omitted provided the bag sample (hydrocarbons and methanol) is 
analyzed using a HFID calibrated with methanol.)

[[Page 542]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.148

    (5) Electronic flow control. The Critical Flow Venturi-Electronic 
Flow Control-Constant Volume Sampler (CFV-EFC-CVS) system is identical 
to the CFV-CVS system described in paragraphs (a)(4) and (c) of this 
section, except that it maintains proportional sampling for methanol and 
formaldehyde by measuring the CVS flow rate, and electronically 
controlling sample flow rates. For methanol-fueled vehicles, the samples 
lines for the methanol and formaldehyde samples are heated to prevent 
condensation. The temperature of the sample lines shall be more than 5 
[deg]F (3 [deg]C) above the maximum dew

[[Page 543]]

point of the sample, but below 250 [deg]F (121 [deg]C).
    (6) Other systems. Other sampling systems may be used if shown to 
yield equivalent or superior results, and if approved in advance by the 
Administrator.
    (b) Component description, PDP-CVS. The PDP-CVS, Figure B94-1, 
consists of a dilution air filter and mixing assembly, heat exchanger, 
positive displacement pump, sampling systems (see Figure B94-2 for 
methanol sampling system and Figure B94-3 for formaldehyde sampling 
system) sampling lines which are heated to a temperature that is more 
than 5 [deg]F (3 [deg]C) above the maximum dew point of the sample, but 
below 250 [deg]F (121 [deg]C) in the case of the methanol-fueled 
vehicles (heating of the sample lines may be omitted, provided the 
methanol and formaldehyde sample collection systems are close coupled to 
the probes thereby preventing loss of sample due to cooling and 
resulting condensation in the sample lines), and associated valves, 
pressure and temperature sensors. The PDP-CVS shall conform to the 
following requirements:
    (1) Static pressure variations at the tailpipe(s) of the vehicle 
shall remain within 5 inches of water (1.2 kPa) of 
the static pressure variations measured during a dynamometer driving 
cycle with no connection to the tailpipe(s). (Sampling systems capable 
of maintaining the static pressure to within 1 
inch of water (0.25 kPa) will be used by the Administrator if a written 
request substantiates the need for this closer tolerance.)
    (2) The gas mixture temperature, measured at a point immediately 
ahead of the positive displacement pump, shall be within 10 [deg]F (5.6 [deg]C) of the 
designed operating temperature at the start of the test. The gas mixture 
temperature variation from its value at the start of the test shall be 
limited to 10 [deg]F (5.6 
[deg]C) during the entire test. The temperature measuring system shall 
have an accuracy and precision of 2 [deg]F (1.1 
[deg]C).
    (3) The pressure gauges shall have an accuracy and precision of 
1.6 inches of water (0.4 kPa).
    (4) The flow capacity of the CVS shall be large enough to completely 
eliminate water condensation in the dilution and sampling systems. (300 
to 350 cfm (0.142 to 0.165 m\3\/s) is sufficient for most petroleum-
fueled vehicles. Higher flow rates are required for methanol-fueled 
vehicles and may be required for natural gas-fueled and liquefied 
petroleum gas-fueled vehicles. Procedures for determining CVS flow rates 
are detailed in ``Calculation of Emissions and Fuel Economy When Using 
Alternative Fuels,'' EPA 460/3-83-009.) (Copies may be obtained from 
U.S. Department of Commerce, NTIS, Springfield, Virginia 22161; order 
PB84104702.) Dehumidifying the dilution air before entering the 
CVS is allowed. Hearing the dilution air is also allowed, provided:
    (i) The air (or air plus exhaust gas) temperature does not exceed 
250 [deg]F.
    (ii) Calculation of the CVS flow rate necessary to prevent water 
condensation is based on the lowest temperature encountered in the CVS 
prior to sampling. (It is recommended that the CVS system be insulated 
when heated dilution air is used.)
    (iii) The dilution ratio is sufficiently high to prevent 
condensation in bag samples as they cool to room temperature.
    (5) Sample collection bags for dilution air and exhaust samples 
shall be of sufficient size so as not to impede sample flow. A single 
dilution air sample, covering the total test period, may be collected 
for the determination of methanol and formaldehyde background (methanol-
fueled vehicles).
    (6) The methanol sample collection system and the formaldehyde 
sample collection system shall each be of sufficient capacity so as to 
collect samples of adequate size for analysis without significant impact 
on the volume of dilute exhaust passing through the PDP. The systems 
shall also comply with the following requirements that apply to the 
design of the systems, not to individual tests.
    (i) The methanol system shall be designed such that, if a test 
vehicle emitted the maximum allowable level of methanol (based on all 
applicable standards) during the first phase of the test, the measured 
concentration in the primary impinger would exceed either 25 mg/l or a 
concentration equal to 25 times the limit of detection for the

[[Page 544]]

GC analyzer. Sampling systems for all phases shall be identical.
    (ii) The formaldehyde system shall be designed such that, if a test 
vehicle emitted formaldehyde at a rate equal to twenty percent of the 
maximum allowable level of NMHCE (i.e., 0.05 g/mi for a 0.25 g/mi NMHCE 
standard), or the maximum formaldehyde level allowed by a specific 
formaldehyde standard, whichever is less, during the first phase of the 
test, the concentration of formaldehyde in the DNPH solution of the 
primary impinger, or solution resulting from the extraction of the DNPH 
cartridge, shall exceed either 2.5 mg/l or a concentration equal to 25 
times the limit of detection for the HPLC analyzer. Sampling systems for 
all phases shall be identical.
    (iii) The methanol and formaldehyde impinger systems shall be 
designed such that the primary impinger collects at least 90 percent of 
the analyte in the samples. The remaining analyte shall be collected by 
the secondary impinger. This requirement does not apply to dilution air 
samples, since they do not require secondary impingers, or to samples in 
which the concentrations approach the limit of detection.
    (c) Component description, CFV-CVS. The CFV-CVS sample system, 
Figure B94-4, consists of a dilution air filter and mixing assembly, a 
cyclone particulate separator, unheated sampling venturies for the bag 
samples, and for the methanol and formaldehyde samples from methanol-
fueled vehicles, samples lines heated to a temperature that is more than 
5 [deg]F (3 [deg]C) above the maximum dew point of the sample, but below 
250 [deg]F (121 [deg]C) for the methanol and formaldehyde samples from 
methanol fueled vehicles (heating of the sample lines may be omitted 
provided, the methanol and formaldehyde sample collection systems are 
close coupled to the probes thereby preventing loss of sample due to 
cooling and resulting condensation in the sample lines), a critical flow 
venturi, and assorted valves, and pressure and temperature sensors. The 
CFV sample system shall conform to the following requirements:
    (1) Static pressure variations at the tailpipe(s) of the vehicle 
shall remain within 5 inches of water (1.2 kPa) of 
the static pressure variations measured during a dynamometer driving 
cycle with no connection to the tailpipe(s). (Sampling systems capable 
of maintaining the static pressure to within 1 
inch of water (0.25 kPa) will be used by the Administrator if a written 
request substantiates the need for this closer tolerance.)
    (2) The temperature measuring system shall have an accuracy and 
precision of 2 [deg]F (1.1 [deg]C) and a response 
time of 0.100 seconds to 62.5 percent of a temperature change (as 
measured in hot silicone oil).
    (3) The pressure measuring system shall have an accuracy and 
precision of 1.6 inches of water (0.4 kPa).
    (4) The flow capacity of the CVS shall be large enough to completely 
eliminate water condensation in the dilution and sampling systems. (300 
to 350 cfm (0.142 to 0.165 m\3\/s) is sufficient for most petroleum-
fueled vehicles. Higher flow rates are required for methanol-fueled 
vehicles and may be required for natural gas-fueled and liquefied 
petroleum gas-fueled vehicles. Procedures for determining CVS flow rates 
are detailed in ``Calculation of Emissions and Fuel Economy When Using 
Alternative Fuels,'' EPA 460/3-83-009.) Dehumidifying the dilution air 
before entering the CVS is allowed. Heating the dilution air is also 
allowed, provided:
    (i) The air (or air plus exhaust gas) temperature does not exceed 
250 [deg]F (121 [deg]C).
    (ii) Calculation of the CVS flow rate necessary to prevent water 
condensation is based on the lowest temperature encountered in the CVS 
prior to sampling. (It is recommended that the CVS system be insulated 
when heated dilution air is used.)
    (iii) The dilution ratio is sufficiently high to prevent 
condensation in bag samples as they cool to room temperature.
    (5) Sample collection bags for dilution air and exhaust samples 
shall be of sufficient size so as not to impede sample flow. A single 
dilution air sample, covering the total test period, may be collected 
for the determination of methanol and formaldehyde background (methanol-
fueled vehicles).
    (6) The methanol sample collection system and the formaldehyde 
sample

[[Page 545]]

collection system shall each be of sufficient capacity so as to collect 
samples of adequate size for analysis without significant impact on the 
volume of dilute exhaust passing through the CVS. The systems shall also 
comply with the following requirements that apply to the design of the 
systems, not to individual tests.
    (i) The methanol system shall be designed such that, if a test 
vehicle emitted the maximum allowable level of methanol (based on all 
applicable standards) during the first phase of the test, the measured 
concentration in the primary impinger would exceed either 25 mg/l or a 
concentration equal to 25 times the limit of detection for the GC 
analyzer. Sampling systems for all phases shall be identical.
    (ii) The formaldehyde system shall be designed such that, if a test 
vehicle emitted formaldehyde at a rate equal to twenty percent of the 
maximum allowable level of NMHCE (i.e., 0.05 g/mi for a 0.25 g/mi NMHCE 
standard), or the maximum formaldehyde level allowed by a specific 
formaldehyde standard, whichever is less, during the first phase of the 
test, the concentration of formaldehyde in the DNPH solution of the 
primary impinger, or solution resulting from the extraction of the DNPH 
cartridge, shall exceed either 2.5 mg/l or a concentration equal to 25 
times the limit of detection for the HPLC analyzer. Sampling systems for 
all phases shall be identical.
    (iii) The methanol and formaldehyde systems shall be designed such 
that the primary impinger collects at least 90 percent of the analyte in 
the samples. The remaining analyte shall be collected by the secondary 
impinger. This requirement does not apply to dilution air samples, since 
they do not require secondary impingers, or to samples in which the 
concentrations approach the limit of detection.
    (d) Component description, CFV-EFC-CVS. The CVS sample system is 
identical to the system described in paragraph (c) of this section, plus 
includes a means of electronically measuring the CVS flow rate, and 
electronic mass flow controllers for the methanol and formaldehyde 
sample lines. The EFC sample system shall conform to all of the 
requirements listed in paragraph (c), except that the methanol and 
formaldehyde samples must both be drawn from a static probe. It also 
must comply with the following additional requirements:
    (1) The ratio of the CVS mass flow rate to the sample mass flow rate 
shall not deviate from the design ratio by more than 5 percent. (The volumetric sample flow rate shall be 
varied inversely with the square root of the bulk stream temperature.)
    (2) Flow meters to totalize sample volumes for methanol and/or 
formaldehyde samples shall meet the accuracy specifications of Sec. 
86.120. Total sample volumes may be obtained from the flow controllers, 
provided that the controllers meet the accuracy specifications of Sec. 
86.120.

[56 FR 25760, June 5, 1991, as amended at 59 FR 48505, Sept. 21, 1994; 
60 FR 34336, June 30, 1995]



Sec. 86.110-90  Exhaust gas sampling system; diesel vehicles.

    (a) General. The exhaust gas sampling system described in this 
paragraph is designed to measure the true mass of both gaseous and 
particulate emissions in the exhaust of either diesel light-duty 
vehicles and light-duty trucks. This system utilizes the CVS concept 
(described in Sec. 86.109) of measuring mass emissions. The mass of 
gaseous emissions is determined from the sample concentration and total 
flow over the test period. The mass of particulate emissions is 
determined from a proportional mass sample collected on a filter and 
from the total flow over the test period. General requirements are as 
follows:
    (1) This sampling system requires the use of a PDP-CVS or a CFV 
sample system with heat exchanger connected to a dilution tunnel. Figure 
B90-5 is a schematic drawing of the PDP system. Figure B90-6 is a 
schematic drawing of the CFV system (methanol-fueled Otto-cycle vehicles 
may be tested using this test equipment.)

[[Page 546]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.149


[[Page 547]]


[GRAPHIC] [TIFF OMITTED] TR06OC93.150

    (2) Bag, HFID, and particulate sampling capabilities as shown in 
Figure B90-5 (or Figure B90-6) are required to provide both gaseous and 
particulate emissions sampling capabilities from a single system.

[[Page 548]]

    (3) Petroleum-fueled diesel vehicles require a heated flame 
ionization detector (HFID) (375[deg]20 [deg]F 
(191[deg]11 [deg]C)) sample for hydrocarbon 
analysis. The HFID sample must be taken directly from the diluted 
exhaust stream through a heated probe in the dilution tunnel.
    (4) Methanol-fueled vehicles require the use of a heated flame 
ionization detector (HFID) (235[deg]15 [deg]F 
(113[deg]8 [deg]C)) for hydrocarbon analysis. With 
an HFID, the hydrocarbon analysis can be made on the bag sample and the 
methanol and formaldehyde analyses are performed on the samples 
collected for these purposes (Figures B90-2 and B90-3). NOTE: For 1990 
through 1994 model year methanol-fueled vehicles, methanol and 
formaldehyde sampling may be omitted provided the bag sample is analyzed 
using a HFID calibrated with methanol.
    (5) Methanol-fueled vehicles require either:
    (i) A tailpipe to dilution tunnel duct of unrestricted length 
maintained at 235[deg] 15 [deg]F (113[deg] 8 [deg]C) through heating and cooling as required; or
    (ii) Using short duct (up to 12 feet long) constructed of smooth 
wall pipe with a minimum of flexible sections maintained at 235[deg] 
15 [deg]F (113[deg] 8 
[deg]C) prior to the test and during breaks in testing (insulation may 
remain in place and/or heating may occur during testing provided maximum 
temperature is not exceeded); or
    (iii) Using a smooth wall duct less than five feet long with no 
required heating, or
    (iv) Omitting the duct and performing the exhaust gas dilution 
function at the vehicle tailpipe exit.
    (6) Since various configurations can produce equivalent results, 
exact conformance with these drawings is not required. Additional 
components such as instruments, valves, solenoids, pumps, and switches 
may be used to provide additional information and coordinate the 
functions of the component systems.
    (7) Other sampling systems may be used if shown to yield equivalent 
results and if approved in advance by the Administrator.
    (b) Component description--petroleum-fueled diesel vehicles. The 
components necessary for petroleum fueled diesel vehicle exhaust 
sampling shall meet the following requirements:
    (1) The PDP-CVS, Figure B90-5, shall conform to all of the 
requirements listed for the exhaust gas PDP-CVS (Sec. 86.109(b)), with 
one exception: a flow rate of sufficient volume is required to maintain 
the diluted exhaust stream, from which the particulate sample flow is 
taken, at a temperature of 125 [deg]F (52 [deg]C) or less.
    (2) The CFV sample system, Figure B90-6, shall conform to all of the 
requirements listed for the exhaust gas CFV sample system (Sec. 
86.109(c)), with four exceptions:
    (i) A flow rate of sufficient volume is required to maintain the 
diluted exhaust stream, from which the particulate sample flow is taken, 
at a temperature of 125 [deg]F (52 [deg]C) or less.
    (ii) A heat exchanger is required.
    (iii) The gas mixture temperature, measured at a point immediately 
ahead of the critical flow venturi, shall be within 20 [deg]F (11 [deg]C) of the designed operating 
temperature at the start of the test. The gas mixture temperature 
variation from its value at the start of the test shall be limited to 
20 [deg]F (11 [deg]C) during the entire test. The 
temperature measuring system shall have an accuracy and precision of 
2 [deg]F (1.1 [deg]C).
    (iv) The cyclonic separator is optional.
    (3) The transfer of heat from the vehicle exhaust gas shall be 
minimized between the point where it leaves the vehicle tailpipe(s) and 
the point where it enters the dilution tunnel airstream. To accomplish 
this, a short length (not more than 12 feet (365 cm) if uninsulated, or 
not more than 20 feet (610 cm) if insulated) of smooth stainless steel 
tubing from the tailpipe to the dilution tunnel is required. This tubing 
shall have a maximum inside diameter of 4.0 inches (10.2 cm). Short 
sections of flexible tubing at connection points are allowed.
    (4) The vehicle exhaust shall be directed downstream at the point 
where it is introduced into the dilution tunnel.
    (5) The dilution air shall be between 68 [deg]F (20 [deg]C) and 86 
[deg]F (30 [deg]C) during the test.

[[Page 549]]

    (6) The dilution tunnel shall be:
    (i) Sized to permit development of turbulent flow (Reynold's No. 
4000) and complete mixing of the exhaust and 
dilution air between the mixing orifice and each of the two sample 
probes (i.e., the particulate probe and the heated HC sample probe). It 
is recommended that uniform mixing be demonstrated by the user.
    (ii) At least 8.0 inches (20.3 cm) in diameter.
    (iii) Constructed of electrically conductive material which does not 
react with the exhaust components.
    (iv) Grounded.
    (7) The temperature of the diluted exhaust stream inside of the 
dilution tunnel shall be sufficient to prevent water condensation. 
However, the sample zone dilute exhaust temperature shall not exceed 125 
[deg]F (52 [deg]C) at any time during the test.
    (8) The particulate sample probe shall be:
    (i) Installed facing upstream at a point where the dilution air and 
exhaust are well mixed (i.e., near the tunnel centerline, approximately 
10 tunnel diameters downstream from the point where the exhaust enters 
the dilution tunnel).
    (ii) Sufficiently distant (radially) from the total hydrocarbon 
probe so as to be free from the influence of any wakes or eddies 
produced by the total hydrocarbon probe.
    (iii) 0.5 inch (1.27 cm) minimum inside diameter.
    (iv) The distance from the sampling tip to the filter holder shall 
be at least 5 probe diameters (for filters located inside of the 
tunnel), but not more than 40.0 inches (102 cm) for filters located 
outside of the dilution tunnel.
    (v) Free from sharp bends.
    (vi) Configured so that a clean particulate filter (including back-
up filter) can be selected simultaneously with the selection of an empty 
gaseous emissions bag.
    (9) The flow rate through the particulate probe shall be maintained 
to a constant value within 5 percent of the set 
flow rate.
    (10) The particulate sample pump shall be located sufficiently 
distant from the dilution tunnel so that the inlet gas temperature is 
maintained at a constant temperature (5.0 [deg]F 
(2.8 [deg]C)).
    (11) The gas meters or flow instrumentation shall be located 
sufficiently distant from the tunnel so that the inlet gas temperature 
remains constant (5.0 [deg]F (2.8 [deg]C)).
    (12) The total hydrocarbon probe shall be:
    (i) Installed facing upstream at a point where the dilution air and 
exhaust are well mixed (i.e., approximately 10 tunnel diameters 
downstream from the point where the exhaust enters the dilution tunnel).
    (ii) Sufficiently distant (radially) from the particulate probe so 
as to be free from the influence of any wakes or eddies produced by the 
particulate probe.
    (iii) Heated and insulated over the entire length to maintain a 
375[deg]20 [deg]F (191[deg]11 [deg]C) wall temperature.
    (iv) 0.19 in. (0.48 cm) minimum inside diameter.
    (13) It is intended that the total hydrocarbon probe be free from 
cold spots (i.e., free from spots where the probe wall temperature is 
less than 355 [deg]F). This will be determined by a temperature sensor 
located on a section of the probe wall outside of the dilution tunnel. 
The temperature sensor shall be insulated from any heating elements on 
the probe. The sensor shall have an accuracy and precision of 2 [deg]F (1.1 [deg]C).
    (14) The dilute exhaust gas flowing in the total hydrocarbon sample 
system shall be:
    (i) At 375 [deg]F10 [deg]F (191 [deg]C6 [deg]C) immediately before the heated filter. This 
will be determined by a temperature sensor located immediately upstream 
of the filter. The sensor shall have an accuracy and precision of 2 [deg]F (1.1 [deg]C).
    (ii) At 375 [deg]F10 [deg]F (191 [deg]C6 [deg]C) immediately before the HFID. This will be 
determined by a temperature sensor located at the exit of the heated 
sample line. The sensor shall have an accuracy and precision of 2 [deg]F (1.1 [deg]C).
    (15) It is intended that the dilute exhaust gas flowing in the total 
hydrocarbon sample system be between 365 [deg]F and 385 [deg]F (185 
[deg]C and 197 [deg]C).
    (c) Component description--methanol-fueled diesel vehicles. The 
components necessary for methanol-fueled diesel

[[Page 550]]

vehicle exhaust sampling shall meet the following requirements:
    (1) The PDP-CVS, Figure B90-5 shall conform to all of the 
requirements listed for the exhaust gas PDP-CVS (Sec. 86.109 (a)(3) and 
(b)), with one exception: a flow rate of sufficient volume is required 
to maintain the diluted exhaust stream, from which the particulate 
sample flow is taken, at a temperature of 125 [deg]F (52 [deg]C) or less 
and shall prevent the condensation of water vapor in the dilution 
tunnel.
    (2) The CFV sample system, Figure B90-6 shall conform to all of the 
requirements listed for the exhaust gas CFV sample system (Sec. 86.109 
(a)(4) and (c)), with four exceptions:
    (i) A flow rate of sufficient volume is required to maintain the 
diluted exhaust stream, from which the particulate sample flow is taken, 
at a temperature of 125 [deg]F (52 [deg]C) or less and shall prevent the 
condensation of water vapor in the dilution tunnel.
    (ii) A heat exchanger is required.
    (iii) The gas mixture temperature, measured at a point immediately 
ahead of the critical flow venturi, shall be within 20 [deg]F (11 [deg]C) of the designed operating 
temperature at the start of the test. The gas mixture temperature 
variation from its value at the start of the test shall be limited to 
20 [deg]F (11 [deg]C) during the entire test. The 
temperature measuring system shall have an accuracy and precision of 
2 [deg]F (1.1 [deg]C).
    (iv) The cyclonic separator is optional.
    (3) Losses of methanol due to condensation of water in the duct 
connecting the vehicle tail pipe to the dilation tunnel must be 
minimized. This may be accomplished by:
    (i) The use of a duct of unrestricted length maintained at 
235[deg]15 [deg]F (113[deg]8 
[deg]C) through heating and cooling as required, or
    (ii) The use of a short duct (up to 12 feet long) constructed of 
smooth wall pipe with a minimum of flexible sections maintained at 
235[deg]15 [deg]F (113[deg]8 
[deg]C) prior to the test and during breaks in testing (insulation may 
remain in place and/or heating may occur during testing provided maximum 
temperature is not exceeded); or
    (iii) Using a smooth wall duct less than five feet long with no 
required heating, or
    (iv) Omitting the duct and performing the exhaust gas dilution 
function at the vehicle tailpipe exit.
    (4) The vehicle exhaust shall be directed downstream at the point 
where it is introduced into the dilution tunnel.
    (5) The dilution air shall be between 68 [deg]F (20 [deg]C) and 86 
[deg]F (30 [deg]C) during the test.
    (6) The dilution tunnel shall be:
    (i) Sized to permit development of turbulent flow (Reynold's No. 
4000) and complete mixing of the exhaust and 
dilution air between the mixing orifice and the particulate sample 
probe. It is recommended that uniform mixing be demonstrated by the 
user.
    (ii) At least 8.0 inches (20.3 cm) in diameter.
    (iii) Constructed of electrically conductive material which does not 
react with the exhaust components.
    (iv) Grounded.
    (7) The temperature of the diluted exhaust stream inside of the 
dilution tunnel shall be sufficient to prevent water condensation. 
However, the sample zone dilute exhaust temperature shall not exceed 125 
[deg]F (52 [deg]C) at any time during the test.
    (8) The particulate sample probe shall be:
    (i) Installed facing upstream at a point where the dilution air and 
exhaust are well mixed (i.e., near the tunnel centerline, approximately 
10 tunnel diameters downstream from the point where the exhaust enters 
the dilution tunnel).
    (ii) Sufficiently distant (radially) from the total hydrocarbon 
probe so as to be free from the influence of any wakes or eddies 
produced by the total hydrocarbon probe.
    (iii) 0.5 inch (1.27 cm) minimum inside diameter.
    (iv) The distance from the sampling tip to the filter holder shall 
be at least 5 probe diameters (for filters located inside of the 
tunnel), but not more than 40.0 inches (102 cm) for filters located 
outside of the dilution tunnel.
    (v) Free from sharp bends.
    (vi) Configured so that a clean particulate filter (including back 
up filter)

[[Page 551]]

can be selected simultaneously with the selection of an empty gaseous 
emissions bag.
    (9) The flow rate through the particulate probe shall be maintained 
to a constant value within 5 percent of the set 
flow rate.
    (10) The particulate sample pump shall be located sufficiently 
distant from the dilution tunnel so that the inlet gas temperature is 
maintained at a constant temperature (5.0 [deg]F 
(2.8 [deg]C)).
    (11) The gas meters or flow instrumentation shall be located 
sufficiently distant from the tunnel so that the inlet gas temperature 
remains constant (5.0 [deg]F (2.8 [deg]C)).
    (12) The hydrocarbon probe shall be:
    (i) Installed facing upstream at a point where the dilution air and 
exhaust are well mixed (i.e., approximately 10 tunnel diameters 
downstream from the point where the exhaust enters the dilution tunnel).
    (ii) Sufficiently distant (radially) from the particulate probe so 
as to be free from the influence of any wakes or eddies produced by the 
particulate probe.
    (iii) Heated and insulated over the entire length to maintain a 
235[deg]15 [deg]F (113[deg]8 
[deg]C) wall temperature.
    (iv) 0.19in. (0.48 cm) minimum inside diameter.
    (13) It is intended that the total hydrocarbon probe be free from 
cold spots (i.e., free from cold spots where the probe wall temperature 
is less than 220 [deg]F.) This will be determined by a temperature 
sensor located on a section of the probe wall outside of the dilution 
tunnel. The temperature sensor shall be insulated from any heating 
elements on the probe. The sensor shall have an accuracy and precision 
of 2 [deg]F (1.1 [deg]C).
    (14) The dilute exhaust gas flowing in the hydrocarbon sample system 
shall be:
    (i) At 235 [deg]F15 [deg]F (113 [deg]C8 [deg]C) immediately before the heated filter. This 
will be determined by a temperature sensor located immediately upstream 
of the filter. The sensor shall have an accuracy and precision of 2 [deg]F (1.1 [deg]C).
    (ii) At 235 [deg]F15 [deg]F (113 [deg]C 8 [deg]C) immediately before the HFID. This will be 
determined by a temperature sensor located at the exit of the heated 
sample line. The sensor shall have an accuracy and precision of 2 [deg]F (1.1 [deg]C).
    (15) It is intended that the dilute exhaust gas flowing in the 
hydrocarbon sample system be between 220 [deg]F and 250 [deg]F (105 
[deg]C and 121 [deg]C).
    (16) For methanol-fueled vehicles, bag sampling procedures for the 
measurement of hydrocarbons as described in Sec. 86.109 may be 
employed.
    (d) Filters, particulate sampling. (1) Filter acceptance criteria. 
Valid diesel particulate net filter weights shall be accepted according 
to the following criteria:
    (i) During each phase of the UDDS, dilute exhaust will be 
simultaneously sampled by paired primary test and back-up test filters.
    (ii) The back-up filter holder shall be located 3 to 4 inches 
downstream of the primary filter holder.
    (iii) The net weight of particulate material collected on each 
primary test filter and each back-up test filter shall be determined by 
the procedure outlined in Sec. 86.139.
    (iv) A ratio of net weights will be determined by the following 
formula:
[GRAPHIC] [TIFF OMITTED] TR06OC93.013

    (v) If the ratio is greater than 0.95, then particulate emissions 
calculations are based on the net weight of the primary filter only.
    (vi) If the ratio is less than 0.95, then particulate emissions 
calculations are based on the combined net weights of the back-up test 
filter and the primary test filter.
    (2) The particulate filter must have a minimum 47 mm diameter (37 mm 
stain area). Larger diameter filters are

[[Page 552]]

also acceptable. (Larger diameter filters may be desirable in order to 
reduce the pressure drop across the filter when testing vehicles which 
produce large amounts of particulate.)
    (3) The recommended minimum loading on the primary 47 mm filter is 
0.5 milligrams. Equivalent loadings (i.e., mass/stain area) are 
recommended for larger filters.
    (4) Fluorocarbon coated glass fiber filters or fluorocarbon-based 
(membrane) filters are required for particulate collection.

[54 FR 14507, Apr. 11, 1989]



Sec. 86.110-94  Exhaust gas sampling system; diesel-cycle vehicles, 
and Otto-cycle vehicles requiring particulate emissions measurements.

    Section 86.110-94 includes text that specifies requirements that 
differ from Sec. 86.110-90. Where a paragraph in Sec. 86.110-90 is 
identical and applicable to Sec. 86.110-94, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.110-90.'' Where a corresponding paragraph of 
Sec. 86.110-90 is not applicable, this is indicated by the statement 
``[Reserved].''
    (a) General. The exhaust gas sampling system described in this 
paragraph is designed to measure the true mass of both gaseous and 
particulate emissions in the exhaust of either diesel-cycle or Otto-
cycle light-duty vehicles and light-duty trucks. This system utilizes 
the CVS concept (described in Sec. 86.109) of measuring mass emissions. 
The mass of gaseous emissions is determined from the sample 
concentration and total flow over the test period. The mass of 
particulate emissions is determined from a proportional mass sample 
collected on a filter and from the total flow over the test period. 
General requirements are as follows:
    (1) This sampling system requires the use of a PDP-CVS, CFV-CVS (or 
a CFV-EFC-CVS), sample system with heat exchanger connected to a 
dilution tunnel. The heat exchanger is not required for the CFV-CVS or 
EFC-CFV-CVS if electronic flow controllers are used to maintain 
proportionality for the particulate sample. Figure B94-5 is a schematic 
drawing of the PDP system. Figure B94-6 is a schematic drawing of the 
CFV-CVS system. (Methanol-fueled Otto-cycle vehicles may be tested using 
this test equipment, without measuring particulate emissions.)

[[Page 553]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.151


[[Page 554]]


[GRAPHIC] [TIFF OMITTED] TR06OC93.152

    (2) Bag, continuous HFID (required for petroleum-fueled diesel-cycle 
and optional for methanol-fueled, natural gas-fueled and liquefied 
petroleum gas-fueled diesel-cycle vehicles), and particulate sampling 
capabilities as shown in Figure B94-5 (or Figure B94-6) are required to 
provide both gaseous and particulate emissions sampling capabilities 
from a single system.
    (3) Petroleum-fueled diesel-cycle vehicles require a heated flame 
ionization detector (HFID) (375 [deg]20 [deg]F 
(191 [deg]11 [deg]C)) sample for total hydrocarbon 
(THC) analysis. The HFID sample must

[[Page 555]]

be taken directly from the diluted exhaust stream through a heated probe 
in the dilution tunnel.
    (4) Methanol-fueled vehicles require the use of a heated flame 
ionization detector (HFID) (235 [deg]15 [deg]F 
(113 [deg]8 [deg]C)) for hydrocarbon analysis. 
With an HFID, the hydrocarbon analysis can be made on the bag sample and 
the methanol and formaldehyde analyses are performed on the samples 
collected for these purposes (Figures B94-2 and B94-3).
    Note: For 1990 through 1994 model year methanol-fueled vehicles, 
methanol and formaldehyde sampling may be omitted provided the bag 
sample is analyzed using a HFID calibrated with methanol.
    (5) For methanol-fueled vehicles, the vehicle tailpipe-to-dilution 
tunnel connection shall be made by:
    (i) A tailpipe to dilution tunnel duct of unrestricted length 
maintained at a temperature above the dew point of the mixture, but 
below 250 [deg]F (121 [deg]C) through heating and cooling as required; 
or
    (ii) Using a short duct (up to 12 feet long) constructed of smooth 
wall pipe with a minimum of flexible sections maintained at a 
temperature above the dew point of the mixture, but below 250 [deg]F 
(121 [deg]C) prior to the test and during breaks in testing (insulation 
may remain in place and or heating may occur during the testing provided 
the maximum temperature is not exceeded); or
    (iii) Using smooth wall duct less than five feet long with no 
required heating. A maximum of two short flexible connectors are allowed 
under this option; or
    (iv) By omitting the duct and performing the exhaust gas dilution 
function at the vehicle tailpipe exit.
    (6) For natural gas-fueled and liquefied petroleum gas-fueled diesel 
vehicles either a heated flame ionization detector (HFID) 
[375[deg]20 [deg]F (191[deg]11 [deg]C)] or a non-heated flame ionization detector 
may be used for hydrocarbon analysis.
    (7) Since various configurations can produce equivalent results, 
exact conformance with these drawings is not required. Additional 
components such as instruments, valves, solenoids, pumps, and switches 
may be used to provide additional information and coordinate the 
functions of the component systems.
    (8) Other sampling systems may be used if shown to yield equivalent 
or superior results and if approved in advance by the Administrator.
    (b) Component description--petroleum-fueled, natural gas-fueled and 
liquefied petroleum gas-fueled vehicles. The components necessary for 
petroleum-fueled, natural gas-fueled and liquefied petroleum gas-fueled 
vehicle exhaust sampling shall meet the following requirements:
    (1) The PDP-CVS, Figure B94-5, shall contain a proportional 
particulate sampling system, and shall conform to all of the 
requirements listed for the exhaust gas PDP-CVS (Sec. 86.109(b)), with 
one exception: a flow rate of sufficient volume is required to maintain 
the diluted exhaust stream, from which the particulate sample flow is 
taken, at a temperature of 125 [deg]F (52 [deg]C) or less.
    (2) The CFV sample system, Figure B94-6, shall contain a 
proportional particulate sampling system, and shall conform to all of 
the requirements listed for the exhaust gas CFV sample system (Sec. 
86.109(c)), except for the following:
    (i) A flow rate of sufficient volume is required to maintain the 
diluted exhaust stream, from which the particulate sample flow is taken, 
at a temperature of 125 [deg]F (52 [deg]C) or less.
    (ii) If a constant volume particulate sample is collected, a heat 
exchanger is required.
    (iii) If a heat exchanger is used, the gas mixture temperature, 
measured at a point immediately ahead of the critical flow venturi, 
shall be within 20 [deg]F (11 [deg]C) of the 
designed operating temperature at the start of the test. The gas mixture 
temperature variation from its value at the start of the test shall be 
limited to 20 [deg]F (11 [deg]C) during the entire 
test. The temperature measuring system shall have an accuracy and 
precision of 2 [deg]F (1.1 [deg]C).
    (iv) The cyclonic separator is optional.
    (3) For gasoline-fueled, natural gas-fueled and liquefied petroleum 
gas-fueled Otto-cycle and petroleum-fueled, natural gas- fueled and 
liquefied petroleum gas-fueled diesel-cycle vehicles, the transfer of 
heat from the vehicle

[[Page 556]]

exhaust gas shall be minimized between the point where it leaves the 
vehicle tailpipe(s) and the point where it enters the dilution tunnel 
airstream. To accomplish this, a short length (not more than 12 feet 
(365 cm) if uninsulated, or not more than 20 feet (610 cm) if insulated) 
of smooth stainless steel tubing from the tailpipe to the dilution 
tunnel is required. This tubing shall have a maximum inside diameter of 
4.0 inches (10.2 cm). Short sections of flexible tubing at connection 
points are allowed.
    (4) The vehicle exhaust shall be directed downstream at the point 
where it is introduced into the dilution tunnel.
    (5) The dilution air shall be between 68 [deg]F (20 [deg]C) and 86 
[deg]F (30 [deg]C) during the test.
    (6) The dilution tunnel shall be:
    (i) Sized to permit development of turbulent flow (Reynold's No. 
<<4000) and complete mixing of the exhaust and dilution air between the 
mixing orifice and each of the two sample probes (i.e., the particulate 
probe and the heated THC sample probe). It is recommended that uniform 
mixing be demonstrated by the user.
    (ii) At least 8.0 inches (20.3 cm) in diameter.
    (iii) Constructed of electrically conductive material which does not 
react with the exhaust components.
    (iv) Grounded.
    (7) The temperature of the diluted exhaust stream inside of the 
dilution tunnel shall be sufficient to prevent water condensation. 
However, the sample zone dilute exhaust temperature shall not exceed 125 
[deg]F (52 [deg]C) at any time during the test.
    (8) The particulate sample probe shall be:
    (i) Installed facing upstream at a point where the dilution air and 
exhaust are well mixed (i.e., near the tunnel centerline, approximately 
10 tunnel diameters downstream from the point where the exhaust enters 
the dilution tunnel).
    (ii) Sufficiently distant (radially) from the THC probe (when the 
THC probe is required) so as to be free from the influence of any wakes 
or eddies produced by the THC probe.
    (iii) 0.5 inch (1.27 cm) minimum inside diameter.
    (iv) The distance from the sampling tip to the filter holder shall 
be at least 5 probe diameters (for filters located inside of the 
tunnel), but not more than 40.0 inches (102 cm) for filters located 
outside of the dilution tunnel.
    (v) Free from sharp bends.
    (vi) Configured so that a clean particulate filter (including back-
up filter) can be selected simultaneously with the selection of an empty 
gaseous emissions bag.
    (9) The flow rate through the particulate probe shall be maintained 
to a constant value within 5 percent of the set 
flow rate.
    (10) The particulate sample pump shall be located sufficiently 
distant from the dilution tunnel so that the inlet gas temperature is 
maintained at a constant temperature (5.0 [deg]F 
(2.8 [deg]C)).
    (11) The gas meters or flow instrumentation shall be located 
sufficiently distant from the tunnel so that the inlet gas temperature 
remains constant (5.0 [deg]F (2.8 [deg]C)).
    (12) The THC probe (when the THC probe is required) shall be:
    (i) Installed facing upstream at a point where the dilution air and 
exhaust are well mixed (i.e., approximately 10 tunnel diameters 
downstream from the point where the exhaust enters the dilution tunnel).
    (ii) Sufficiently distant (radially) from the particulate probe so 
as to be free from the influence of any wakes or eddies produced by the 
particulate probe.
    (iii) Heated and insulated over the entire length to maintain a 375 
[deg]20 [deg]F (191 [deg]11 
[deg]C) wall temperature.
    (iv) 0.19 in. (0.48 cm) minimum inside diameter.
    (13) It is intended that the THC probe be free from cold spots 
(i.e., free from spots where the probe wall temperature is less than 355 
[deg]F). This will be determined by a temperature sensor located on a 
section of the probe wall outside of the dilution tunnel. The 
temperature sensor shall be insulated from any heating elements on the 
probe. The sensor shall have an accuracy and precision of 2 [deg]F (1.1 [deg]C).

[[Page 557]]

    (14) The dilute exhaust gas flowing in the THC sample system shall 
be:
    (i) At 375 [deg]F10 [deg]F (191 [deg]C6 [deg]C) immediately before the heated filter. This 
will be determined by a temperature sensor located immediately upstream 
of the filter. The sensor shall have an accuracy and precision of 2 [deg]F (1.1 [deg]C).
    (ii) At 375 [deg]F10 [deg]F (191 [deg]C 6 [deg]C) immediately before the HFID. This will be 
determined by a temperature sensor located at the exit of the heated 
sample line. The sensor shall have an accuracy and precision of 2 [deg]F (1.1 [deg]C).
    (15) It is intended that the dilute exhaust gas flowing in the THC 
sample system be between 365 [deg]F and 385 [deg]F (185 [deg]C and 197 
[deg]C).
    (c) Component description--methanol-fueled vehicles. The components 
necessary for methanol-fueled vehicle exhaust sampling shall meet the 
following requirements:
    (1) The PDP-CVS, Figure B94-5, shall contain a proportional 
particulate sampling system, and shall conform to all of the 
requirements listed for the exhaust gas PDP-CVS (Sec. 86.109), with one 
exception: a flow rate of sufficient volume is required to maintain the 
diluted exhaust stream, from which the particulate sample flow is taken, 
at a temperature of 125 [deg]F (52 [deg]C) or less.
    (2) The CFV-CVS sample system, Figure B94-6, shall contain a 
proportional particulate sampling system, and shall conform to all of 
the requirements listed for the exhaust gas CFV sample system (Sec. 
86.109), except for the following:
    (i) A flow rate of sufficient volume is required to maintain the 
diluted exhaust stream, from which the particulate sample flow is taken, 
at a temperature of 125 [deg]F (52 [deg]C) or less.
    (ii) If a constant volume particulate sample is collected, a heat 
exchanger is required.
    (iii) If a heat exchanger is used, the gas mixture temperature, 
measured at a point immediately ahead of the critical flow venturi, 
shall be within 20 [deg]F (11 [deg]C) of the 
designed operating temperature at the start of the test. The gas mixture 
temperature variation from its value at the start of the test shall be 
limited to 20 [deg]F (11 [deg]C) during the entire 
test. The temperature measuring system shall have an accuracy and 
precision of 2 [deg]F (1.1 [deg]C).
    (iv) The cyclonic separator is optional.
    (3) The EFC-CFV-CVS sample system shall conform to all of the 
requirements listed for the exhaust gas EFC sample system (Sec. 86.109) 
with three exceptions:
    (i) A flow rate of sufficient volume is required to maintain the 
diluted exhaust stream, from which the particulate sample flow is taken, 
at a temperature of 125 [deg]F (52 [deg]C) or less.
    (ii) A proportional particulate sample shall be collected using an 
electronic flow controller that meets the performance criteria listed in 
Sec. 86.109 for methanol and formaldehyde EFC systems.
    (iii) The cyclonic separator is optional.
    (4) Losses of methanol due to condensation of water in the duct 
connecting the vehicle tail pipe to the dilution tunnel must be 
eliminated. This may be accomplished by:
    (i) The use of a duct of unrestricted length maintained at a 
temperature above the maximum dew point of the exhaust, but below 250 
[deg]F (121 [deg]C), through heating and cooling as required; or
    (ii) The use of a short duct (up to 12 feet long) constructed of 
smooth wall pipe with a minimum of flexible sections maintained at a 
temperature above the maximum dew point of the exhaust, but below 250 
[deg]F (121 [deg]C), prior to the test and during breaks in testing 
(insulation may remain in place and/or heating may occur during testing 
provided maximum temperature is not exceeded); or
    (iii) Using smooth wall duct less than five feet long with no 
required heating. A maximum of two short flexible connectors are allowed 
under this option; or
    (iv) Omitting the duct and performing the exhaust gas dilution 
function at the vehicle tailpipe exit.
    (5) The vehicle exhaust shall be directed downstream at the point 
where it is introduced into the dilution tunnel.
    (6) The dilution air shall be between 68 [deg]F (20 [deg]C) and 86 
[deg]F (30 [deg]C) during the test (unless the requirements of Sec. 
86.109-94(b)(4) are also met).
    (7) The dilution tunnel shall be:

[[Page 558]]

    (i) Sized to permit development of turbulent flow (Reynold's No. 
4000) and complete mixing of the exhaust and 
dilution air between the mixing orifice and the particulate sample 
probe. It is recommended that uniform mixing be demonstrated by the 
user.
    (ii) At least 8.0 inches (20.3 cm) in diameter.
    (iii) Constructed of electrically conductive material which does not 
react with the exhaust components.
    (iv) Grounded.
    (8) The temperature of the diluted exhaust stream inside of the 
dilution tunnel shall be sufficient to prevent water condensation. 
However, the sample zone dilute exhaust temperature shall not exceed 125 
[deg]F (52 [deg]C) at any time during the test.
    (9) The particulate sample probe shall be:
    (i) Installed facing upstream at a point where the dilution air and 
exhaust are well mixed (i.e., near the tunnel centerline, approximately 
10 tunnel diameters downstream from the point where the exhaust enters 
the dilution tunnel).
    (ii) Sufficiently distant (radially) from the THC probe so as to be 
free from the influence of any wakes or eddies produced by the THC 
probe.
    (iii) 0.5 inch (1.27 cm) minimum inside diameter.
    (iv) The distance from the sampling tip to the filter holder shall 
be at least five probe diameters (for filters located inside the 
tunnel), but not more than 40.0 inches (102 cm) for filters located 
outside of the dilution tunnel.
    (v) Free from sharp bends.
    (vi) Configured so that a clean particulate filter (including back 
up filter) can be selected simultaneously with the selection of an empty 
gaseous emissions bag.
    (10) The flow rate through the particulate probe shall be maintained 
to a constant value within 5 percent of the set 
flow rate.
    (11) The particulate sample pump shall be located sufficiently 
distant from the dilution tunnel so that the inlet gas temperature is 
maintained at a constant temperature (5.0 [deg]F 
(2.8 [deg]C)).
    (12) The gas meters or flow instrumentation shall be located 
sufficiently distant from the tunnel so that the inlet gas temperature 
remains constant (5.0 [deg]F (2.8 [deg]C)).
    (13) The hydrocarbon probe shall be:
    (i) Installed facing upstream at a point where the dilution air and 
exhaust are well mixed (i.e., approximately ten tunnel diameters 
downstream from the point where the exhaust enters the dilution tunnel).
    (ii) Sufficiently distant (radially) from the particulate probe so 
as to be free from the influence of any wakes of eddies produced by the 
particulate probe.
    (iii) Heated and insulated over the entire length to maintain a wall 
temperature more than 5 [deg]F (3 [deg]C) above the maximum dew point of 
the sample, but below 250 [deg]F (121 [deg]C).
    (iv) 0.19 in. (0.48 cm) minimum inside diameter.
    (14) It is intended that the THC probe be free from cold spots 
(i.e., free from cold spots where the probe wall temperature is less 
than 5 [deg]F (3 [deg]C) above the maximum dew point of the sample.) 
This will be determined by a temperature sensor located on a section of 
the probe wall outside of the dilution tunnel. The temperature sensor 
shall be insulated from any heating elements on the probe. The sensor 
shall have an accuracy and precision of 2 [deg]F 
(1.1 [deg]C).
    (15) The dilute exhaust gas flowing in the hydrocarbon sample system 
shall be:
    (i) At 235 [deg]F 15 [deg]F (113 [deg]C 8 [deg]C) immediately before the heated filter. This 
will be determined by a temperature sensor located immediately upstream 
of the filter. The sensor shall have an accuracy and precision of 2 [deg]F (1.1 [deg]C).
    (ii) At 235[deg] 15 [deg]F (113 [deg]C 8 [deg]C) immediately before the HFID. This will be 
determined by a temperature sensor located at the exit of the heated 
sample line. The sensor shall have an accuracy and precision of 2 [deg]F (1.1 [deg]C).
    (16) It is intended that the dilute exhaust gas flowing in the 
hydrocarbon sample system between 220 [deg]F and 250 [deg]F (105 [deg]C 
and 121 [deg]C).
    (17) For methanol-fueled vehicles, bag sampling procedures for the 
measurement of hydrocarbons as described in Sec. 86.109 may be 
employed.

[[Page 559]]

    (d) [Reserved]. For guidance see Sec. 86.110-90.

[56 FR 25767, June 5, 1991, as amended at 59 FR 48505, Sept. 21, 1994; 
60 FR 34342, June 30, 1995]



Sec. 86.111-90  Exhaust gas analytical system.

    (a) Schematic drawings. Figure B90-7 is a schematic drawing of the 
exhaust gas analytical system for analysis of hydrocarbons (HC) 
(hydrocarbons plus methanol in the case of methanol-fueled vehicles), 
carbon monoxide (CO), carbon dioxide (CO2), and oxides of 
nitrogen (NOX). The schematic diagram of the hydrocarbon 
analysis train for diesel vehicles (and for hydrocarbons plus methanol 
for methanol-fueled diesel vehicles if continuous HFID analysis is 
employed) is shown as part of Figure B90-5 (or Figure B90-6). Since 
various configurations can produce accurate results, exact conformance 
with either drawing is not required. Additional components such as 
instruments, valves, solenoids, pumps and switches may be used to 
provide additional information and coordinate the functions of the 
component systems.

[[Page 560]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.153

    (b) Major component description. The exhaust gas analytical system 
for HC, CO, CO2, and NOX, Figure B90-7, consists 
of a flame ionization detector (FID) (heated, 235[deg]15 [deg]F (113[deg]8 [deg]C) for 
methanol-fueled vehicles) for the determination of hydrocarbons, non-
dispersive infrared analyzers (NDIR) for the determination of carbon 
monoxide and carbon dioxide and a chemiluminescence analyzer (CL) for 
the determination of oxides of nitrogen. A heated flame ionization 
detector (HFID) is used for the continuous determination of hydrocarbons 
from petroleum-fueled diesel vehicles (may also be used with methanol-
fueled diesel vehicles), Figure B90-5 (or B90-6).

[[Page 561]]

The analytical system for methanol consists of a gas chromatograph (GC) 
equipped with a flame ionization detector. The analysis for formaldehyde 
is performed using high pressure liquid chromatography (HPLC) of 2,4-
dinitrophenylhydrazine (DNPH) derivatives using ultraviolet (UV) 
detection. The exhaust gas analytical system shall conform to the 
following requirements:
    (1) The CL requires that the nitrogen dioxide present in the sample 
be converted to nitric oxide before analysis. Other types of analyzers 
may be used if shown to yield equivalent results and if approved in 
advance by the Administrator.
    (2) The carbon monoxide (CO) NDIR analyzer may require a sample 
conditioning column containing CaSO4, or indicating silica 
gel to remove water vapor and containing ascarite to remove carbon 
dioxide from the CO analysis stream.
    (i) If CO instruments which are essentially free of CO2 
and water vapor interference are used, the use of the conditioning 
column may be deleted, see Sec. Sec. 86.122 and 86.144.
    (ii) A CO instrument will be considered to be essentially free of 
CO2 and water vapor interference if its response to a mixture 
of 3 percent CO2 in N2 which has been bubbled 
through water at room temperature produces an equivalent CO response, as 
measured on the most sensitive CO range, which is less than l percent of 
full scale CO concentration on ranges above 300 ppm full scale or less 
than 3 ppm on ranges below 300 ppm full scale, see Sec. 86.122.
    (3) For petroleum-fueled diesel vehicles (and if selected, for 
methanol-fueled diesel vehicles) a continuous hydrocarbon sample shall 
be measured using a heated analyzer train as shown in Figure B90-5 (or 
B90-6). The train shall include a heated probe, a heated continuous 
sampling line, a heated particulate filter and a heated hydrocarbon 
instrument (HFID) complete with heated pump, filter and flow control 
system.
    (i) The response time of this instrument shall be less than 1.5 
seconds for 90 percent of full scale response.
    (ii) The continuous HC sample system may use an ``overflow'' zero 
and span system; see Sec. 86.140-82(b)(4). In this type of system 
(figures B82-3A and B82-4A), zero or span gas is introduced into the 
heated sample line at a flow rate that exceeds the sample flow rate to 
the HFID. The excess gas overflows the sample probe into the dilution 
tunnel. This method assures that the reference gas enters HFID in the 
same concentration as the injected reference gas and at the same rate as 
the sample exhaust gas. In addition to zero and span checks, it may also 
be used to calibrate the HC analyzer per Sec. 86.121-82(b). The 
overflow gas flow rate into the sample line shall be greater than 125 
percent of the HFID flow rate with the CVS blower operating. A lower 
flow rate may be used if it has been experimentally shown to produce 
equivalent results and current dccumentation is maintained. The overflow 
gases shall enter the heated sample line as close as practicable to the 
outside surface of the dilution tunnel.
    (iii) No other analyzers may draw a sample from the continuous HC 
sample probe, line or system, unless a common sample pump is used of all 
analyzers and the single sample line system design reflects good 
engineering practice.
    (iv) Sample transport time from sampling point to inlet of 
instrument shall be less than 4 seconds.
    (v) For petroleum-fueled diesel vehicles, the sample line and filter 
shall be heated to maintain a sample gas temperature of 375[deg]10 [deg]F (191[deg]6 [deg]C) 
before the filter and before the HFID.
    (vi) For methanol-fueled diesel vehicles, the sample line and filter 
shall be heated to maintain a sample gas temperature of 235[deg]15 [deg]F (113[deg]8 [deg]C) 
before the filter and before the HFID.
    (c) Other analyzers and equipment. Other types of analyzers and 
equipment may be used if shown to yield equivalent results and if 
approved in advance by the Administrator.

[54 FR 14512, Apr. 11, 1989]



Sec. 86.111-94  Exhaust gas analytical system.

    Section 86.111-94 includes text that specifies requirements that 
differ from Sec. 86.111-90. Where a paragraph in Sec. 86.111-90 is 
identical and applicable to Sec. 86.111-94, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For

[[Page 562]]

guidance see Sec. 86.111-90.'' Where a corresponding paragraph of Sec. 
86.111-90 is not applicable, this is indicated by the statement 
``[Reserved].''
    (a) Schematic drawings. Figure B94-7 is a schematic drawing of the 
exhaust gas analytical system for samples from bag sampling systems for 
analysis of total hydrocarbon (THC) (hydrocarbon plus methanol in the 
case of methanol-fueled vehicles), methane (CH4) (for 
vehicles subject to the NMHC and NMHCE standards), carbon monoxide (CO), 
carbon dioxide (CO2), and oxides of nitrogen 
(NOX). The schematic diagram of the continuous THC analysis 
train (and for THC plus methanol for methanol-fueled diesel-cycle 
vehicles) is shown as part of Figure B94-5 (or Figure B94-6). Since 
various configurations can produce accurate results, exact conformance 
with either drawing is not required. Additional components such as 
instruments, valves, solenoids, pumps, and switches may be used to 
provide additional information and coordinate the functions of the 
component systems.

[[Page 563]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.154

    (b) Major component description. The exhaust gas analytical system, 
Figure B94-7, consists of a flame ionization detector (FID) (heated, 235 
[deg]15 [deg]F (113 [deg]8 
[deg]C) for methanol-fueled vehicles) for the determination of THC, a 
methane analyzer (consisting of a gas chromatograph combined with a FID) 
for the determination of CH4 (for vehicles subject to the 
NMHC and NMHCE standards, where applicable), non-dispersive infrared 
analyzers (NDIR) for the determination of CO and CO2 and a 
chemiluminescence analyzer (CL) for the determination of NOX. 
A heated flame ionization detector (HFID) is used for the continuous 
determination of THC from petroleum-fueled diesel-

[[Page 564]]

cycle vehicles (may also be used with methanol-fueled diesel-cycle 
vehicles), Figure B94-5 (or B94-6). The analytical system for methanol 
consists of a gas chromatograph (GC) equipped with a flame ionization 
detector. The analysis for formaldehyde is performed using high pressure 
liquid chromatography (HPLC) of 2,4-dinitrophenylhydrazine (DNPH) 
derivatives using ultraviolet (UV) detection. The exhaust gas analytical 
system shall conform to the following requirements:
    (1) The CL requires that the nitrogen dioxide present in the sample 
be converted to nitric oxide before analysis. Other types of analyzers 
may be used if shown to yield equivalent results and if approved in 
advance by the Administrator.
    (2) The carbon monoxide (CO) NDIR analyzer may require a sample 
conditioning column containing CaSO4, or indicating silica 
gel to remove water vapor, and containing ascarite to remove carbon 
dioxide from the CO analysis stream.
    (i) If CO instruments which are essentially free of CO2 
and water vapor interference are used, the use of the conditioning 
column may be deleted, see Sec. Sec. 86.122 and 86.144.
    (ii) A CO instrument will be considered to be essentially free of 
CO2 and water vapor interference if its response to a mixture 
of 3 percent CO2 in N2 which has been bubbled 
through water at room temperature produces an equivalent CO response, as 
measured on the most sensitive CO range, which is less than l percent of 
full scale CO concentration on ranges above 300 ppm full scale or less 
than 3 ppm on ranges below 300 ppm full scale, see Sec. 86.122.
    (3) For petroleum-fueled diesel vehicles (and if selected, for 
methanol-fueled, natural gas-fueled and liquefied petroleum gas-fueled 
diesel vehicles) a continuous hydrocarbon sample shall be measured using 
a heated analyzer train as shown in Figure B90-5 (or B90-6). The train 
shall include a heated probe, a heated continuous sampling line, a 
heated particulate filter and a heated hydrocarbon instrument (HFID) 
complete with heated pump, filter and flow control system.
    (i) The response time of this instrument shall be less than 1.5 
seconds for 90 percent of full scale response.
    (ii) The continuous THC sample system may use an ``overflow'' zero 
and span system; see Sec. 86.140-82(b)(4). In this type of system 
(figures B82-3A and B82-4A), zero or span gas is introduced into the 
heated sample line at a flow rate that exceeds the sample flow rate to 
the HFID. The excess gas overflows the sample probe into the dilution 
tunnel. This method assures that the reference gas enters HFID in the 
same concentration as the injected reference gas and at the same rate as 
the sample exhaust gas. In addition to zero and span checks, it may also 
be used to calibrate the THC analyzer per Sec. 86.121-82(b). The 
overflow gas flow rate into the sample line shall be greater than 125 
percent of the HFID flow rate with the CVS blower operating. A lower 
flow rate may be used if it has been experimentally shown to produce 
equivalent results and current documentation is maintained. The overflow 
gases shall enter the heated sample line as close as practicable to the 
outside surface of the dilution tunnel.
    (iii) No other analyzers may draw a sample from the continuous THC 
sample probe, line, or system, unless a common sample pump is used of 
all analyzers and the single sample line system design reflects good 
engineering practice.
    (iv) Sample transport time from sampling point to inlet of 
instrument shall be less than 4 seconds.
    (v) For petroleum-fueled, natural gas-fueled and liquefied petroleum 
gas-fueled diesel vehicles, the sample line and filter shall be heated 
to maintain a sample gas temperature of 375[deg] 10 [deg]F (191[deg] 6 [deg]C) 
before the filter and before the HFID.
    (vi) For methanol-fueled diesel-cycle vehicles, the sample line and 
filter shall be heated to maintain a sample gas temperature of 235 
[deg]15 [deg]F (113 [deg]8 
[deg]C) before the filter and before the HFID.
    (vii) Using a methane analyzer consisting of a gas chromatograph 
combined with a FID, the measurement of methane shall be done in 
accordance

[[Page 565]]

with the Society of Automotive Engineers, Inc. (SAE) Recommended 
Practice J1151, ``Methane Measurement Using Gas Chromatography,'' 
December 1991, 1994 SAE Handbook--SAE International Cooperative 
Engineering Program, Volume 1: Materials, Fuels, Emissions, and Noise; 
Section 13 and page 170 (13.170), which is incorporated by reference.
    (A) This incorporation by reference was approved by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51.
    (B) Copies may be inspected at U.S. EPA, OAR, 401 M St., SW., 
Washington, DC 20460, or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal--register/code--of--federal--regulations/ibr--locations.html. 
Copies of this material may be obtained from Society of Automotive 
Engineers International, 400 Commonwealth Drive, Warrendale, PA 15096-
001.
    (c) Other analyzers and equipment. Other types of analyzers and 
equipment may be used if shown to yield equivalent or superior results 
and if approved in advance by the Administrator.

[56 FR 25771, June 5, 1991, as amended at 58 FR 33209, June 16, 1993; 59 
FR 48505, Sept. 21, 1994; 59 FR 50073, Sept. 30, 1994]



Sec. 86.112-91  Weighing chamber (or room) and microgram balance specifications.

    (a) Ambient conditions--(1) Temperature. The temperature of the 
chamber in which the particulate filters are conditioned and weighed 
shall be maintained to within 10 [deg]F (6 [deg]C) 
of a set point between 68 [deg]F (20 [deg]C) and 86 [deg]F (30 [deg]C) 
during all filter conditioning and filter weighing. A continuous 
recording of the temperature is required.
    (2) Humidity. The relative humidity of the chamber in which the 
particulate filters are conditioned and weighed shall be maintained to 
within 10 percent of a set point between 30 and 70 
percent during all filter conditioning and filter weighing. A continuous 
recording of the temperature is required.
    (3) The environment shall be free from any ambient contaminants 
(such as dust) that would settle on the particulate filters during their 
stabilization.
    (4) It is required that two unused reference filters remain in the 
weighing room at all times in covered (to reduce dust contamination) but 
unsealed (to permit humidity exchange) petri dishes. These reference 
filters shall be placed in the same general area as the sample filters. 
These reference filters shall be weighed within 4 hours of, but 
preferably just prior to, the pre- and post-test sample filter 
weighings.
    (5) If the weight of either of the reference filters changes between 
pre- and post-test sample filter weighings by more than 2.0 percent of the test average primary filter loading 
(recommended minimum of 0.5 milligrams) or 0.010 
milligrams, whichever is greater, then the post-test sample filter 
weights are invalid. However, the post-test weighing procedure can be 
repeated to obtain valid weights within the time limits as specified in 
Sec. 86.139.
    (6) The reference filters shall be changed at least once per month, 
but never between pre- and post-test weighings of a given sample filter. 
The reference filters shall be the same size and material as the sample 
filters.
    (b) Microgram balance specifications. The microgram balance used to 
determine the weights of all filters shall have a precision (standard 
deviation) and a readability of one microgram.
    (c) Other procedures and equipment. Other procedures and equipment 
may be used if shown to yield equivalent or superior results and if 
approved in advance by the Administrator.

[56 FR 25773, June 5, 1991]



Sec. 86.113-04  Fuel specifications.

    This section includes text that specifies requirements that differ 
from Sec. 86.113-94. Where a paragraph in Sec. 86.113-94 is identical 
and applicable to this section, this will be indicated by specifying the 
corresponding paragraph and the statement ``[Reserved]. For guidance see 
Sec. 86.113-94.''.
    (a) Gasoline fuel. (1) Gasoline having the following specifications 
will be used by the Administrator in exhaust

[[Page 566]]

and evaporative emission testing of petroleum-fueled Otto-cycle 
vehicles, except that the Administrator will not use gasoline having a 
sulfur specification higher than 0.0045 weight percent. Gasoline having 
the following specification or substantially equivalent specifications 
approved by the Administrator, must be used by the manufacturer in 
exhaust and evaporative testing except that octane specifications do not 
apply:

------------------------------------------------------------------------
                                    ASTM test method
              Item                        No.                Value
------------------------------------------------------------------------
Octane, Research, Min...........  D 2699.............                 93
Sensitivity, Min................  ...................                7.5
Lead (organic), max. g/U.S. gal.  D 3237.............      0.050 (0.013)
 (g/liter).
Distillation Range:               D 86...............
    IBP\1\:deg. F (deg. C)......  ...................    75-95 (23.9-35)
    10 pct. point: deg.F (deg.C)  ...................     120-135 (48.9-
                                                                   57.2)
    50 pct. point: deg.F.         ...................     200-230 (93.3-
     (deg.C).                                                       110)
    90 pct. point: deg.F (deg.C)  ...................    300-325 (148.9-
                                                                  162.8)
    EP, max: deg.F (deg.C)......  ...................        415 (212.8)
Sulfur, weight pct..............  D 1266.............       0.0015-0.008
Phosphorous, max. g/U.S. gal (g/  D 3231.............     0.005 (0.0013)
 liter).
RVP \2,3\.......................  D 3231.............     8.7-9.2 (60.0-
                                                                   63.4)
Hydrocarbon composition:          D 1319.............
    Olefins, max. pct...........  ...................                 10
    Aromatics, max, pct.........  ...................                 35
    Saturates...................  ...................         Remainder
------------------------------------------------------------------------
\1\ For testing at altitudes above 1,219 m (4000 feet), the specified
  range is 75-105 deg. F (23.9-40.6 deg. C).
\2\ For testing which is unrelated to evaporative emission control, the
  specified range is 8.0-9.2 psi (55.2-63.4 kPa).
\3\ For testing at altitudes above 1,219 m (4000 feet), the specified
  range is 7.6-8.0 psi (52-55 kPa).

    (2) For light-duty vehicles, light-duty trucks and medium-duty 
passenger vehicles certified for 50 state sale, and for Tier 2 and 
interim non-Tier 2 vehicles whose certification is carried over from the 
NLEV program or carried across from the California LEV I program, 
``California Phase 2'' gasoline having the specifications listed in the 
table in this section may be used in exhaust emission testing as an 
option to the specifications in paragraph (a)(1) of this section. If a 
manufacturer elects to utilize this option, the manufacturer must 
conduct exhaust emission testing with gasoline having the specifications 
listed in the table in this paragraph (a)(2) and in the case of interim 
non-Tier 2 LDV/Ts and interim non-Tier 2 MDPVs whose certification is 
carried over from the NLEV program or carried across from California LEV 
I program certification the Administrator must also conduct exhaust 
emission testing with gasoline having the specifications listed in the 
table in this paragraph (a)(2). However, the Administrator may use or 
require the use of test fuel meeting the specifications in paragraph 
(a)(1) of this section for certification confirmatory testing, selective 
enforcement auditing and in-use testing for all other vehicles. All fuel 
property test methods for this fuel are contained in Chapter 4 of the 
California Regulatory Requirements Applicable to the National Low 
Emission Vehicle Program (October, 1996). These requirements are 
incorporated by reference (see Sec. 86.1). The table follows:

------------------------------------------------------------------------
           Fuel property                            Limit
------------------------------------------------------------------------
Octane, (R+M)/2 (min)..............  91
Sensitivity (min)..................  7.5
Lead, g/gal (max) (No lead added)..  0-0.01
Distillation range, [deg]F.........
10 pct. point,.....................  130-150
50 pct. point,.....................  200-210
90 pct. point,.....................  290-300
EP, maximum........................  390
Residue, vol% (max)................  2.0

[[Page 567]]

 
Sulfur, ppm by wt..................  15-40, except that administrator
                                      may use and approve for use, lower
                                      ranges where such ranges are
                                      consistent with current California
                                      requirements.
Phosphorous, g/gal (max)...........  0.005
RVP, psi...........................  6.7-7.0
Olefins, vol%......................  4.0-6.0
Total aromatic hydrocarbons (vol%).  22-25
Benzene, vol%......................  0.8-1.0
Multi-substituted alkyl Aromatic     12-14
 hydrocarbons, vol%.
MTBE, vol %........................  10.8-11.2
Additives:.........................  See chapter 4 of the California
                                      Regulatory Requirements Applicable
                                      to the National Low Emission
                                      Vehicle Program (October, 1996).
                                      These procedures are incorporated
                                      by reference (see Sec.  86.1).
Copper corrosion...................  No. 1.
Gum, washed, mg/100 ml (max).......  3.0
Oxidation stability, minutes (min).  1000
Specific gravity...................  No limit; report to purchaser
                                      required.
Heat of combustion.................  No limit; report to purchaser
                                      required.
Carbon, wt%........................  No limit; report to purchaser
                                      required.
Hydrogen, wt%......................  No limit; report to purchaser
                                      required.
------------------------------------------------------------------------

    (3)(i) Unless otherwise approved by the Administrator, unleaded 
gasoline representative of commercial gasoline that will be generally 
available through retail outlets must be used in service accumulation. 
For model years 2004 and later, and unless otherwise approved by the 
Administrator, this gasoline must have a minimum sulfur content of 15 
ppm. Unless otherwise approved by the Administrator, where the vehicle 
is to be used for evaporative emission durability demonstration, such 
fuel must contain ethanol as required by Sec. 86.1824-01(a)(2)(iii). 
Leaded gasoline must not be used in service accumulation.
    (ii) Unless otherwise approved by the Administrator, the octane 
rating of the gasoline used must be no higher than 1.0 Retail octane 
number above the lowest octane rating that meets the fuel grade the 
manufacturer will recommend to the ultimate purchaser for the relevant 
production vehicles. If the manufacturer recommends a Retail octane 
number rather than a fuel grade, then the octane rating of the service 
accumulation gasoline can be no higher than 1.0 Retail octane number 
above the recommended Retail octane number. The service accumulation 
gasoline must also have a minimum sensitivity of 7.5 octane numbers, 
where sensitivity is defined as the Research octane number minus the 
Motor octane number.
    (iii) The Reid Vapor Pressure of the gasoline used must be 
characteristic of the motor fuel used during the season in which the 
service accumulation takes place.
    (4) The specification range of the gasoline to be used under this 
paragraph (a) must be reported in accordance with Sec. Sec. 86.094-
21(b)(3) and 86.1844-01.
    (b)-(g) [Reserved]. For guidance see Sec. 86.113-94.

[65 FR 6848, Feb. 10, 2000]



Sec. 86.113-07  Fuel specifications.

    Section 86.113-07 includes text that specifies requirements that 
differ from Sec. 86.113-94 or Sec. 86.113-04. Where a paragraph in 
Sec. 86.113-94 or Sec. 86.113-04 is identical and applicable to Sec. 
86.113-07, this may be indicated by specifying the corresponding 
paragraph and the statement ``[Reserved]. For guidance see Sec. 86.113-
94.'' or ``[Reserved]. For guidance see Sec. 86.113-04.''.
    (a) [Reserved]. For guidance see Sec. 86.113-04.
    (b)(1) [Reserved]. For guidance see Sec. 86.113-94.
    (b)(2) Petroleum fuel for diesel vehicles meeting the following 
specifications, or substantially equivalent specifications approved by 
the Administrator, must be used in exhaust emissions testing. The grade 
of petroleum diesel fuel recommended by the engine manufacturer, 
commercially designated as ``Type 2-D'' grade diesel, must be used:

[[Page 568]]



----------------------------------------------------------------------------------------------------------------
                 Item                                                  ASTM test method No.          Type 2-D
----------------------------------------------------------------------------------------------------------------
(i) Cetane Number...............................................  D613.........................            40-50
(ii) Cetane Index...............................................  D976.........................           40-50
(iii) Distillation range:
    (A) IBP...........................  [deg]F..................  D86..........................          340-400
                                        ( [deg]C)...............  .............................    (171.1-204.4)
    (B) 10 pct. point.................  [deg]F..................  D86..........................          400-460
                                        ( [deg]C)...............  .............................    (204.4-237.8)
    (C) 50 pct. point.................  [deg]F..................  D86..........................          470-540
                                        ( [deg]C)...............  .............................    (243.3-282.2)
    (D) 90 pct. point.................  [deg]F..................  D86..........................          560-630
                                        ( [deg]C)...............  .............................    (293.3-332.2)
    (E) EP............................  [deg]F..................  D86..........................          610-690
                                        ( [deg]C)...............  .............................    (321.1-365.6)
(iv) Gravity..........................  [deg]API................  D287.........................            32-37
(v) Total sulfur......................  ppm.....................  D2622........................             7-15
(vi) Hydrocarbon composition:
    (A) Aromatics, minimum (Remainder   pct.....................  D5186........................               27
     shall be paraffins, naphthenes,
     and olefins).
(vii) Flashpoint, min.................  [deg]F..................  D93..........................              130
                                        ( [deg]C)...............  .............................           (54.4)
(viii) Viscosity......................  centistokes.............  D445.........................          2.0-3.2
----------------------------------------------------------------------------------------------------------------

    (3) Petroleum fuel for diesel vehicles meeting the following 
specifications, or substantially equivalent specifications approved by 
the Administrator, shall be used in service accumulation. The grade of 
petroleum diesel fuel recommended by the engine manufacturer, 
commercially designated as ``Type 2-D'' grade diesel fuel, shall be 
used: (b)(4) through (g) [Reserved]. For guidance see Sec. 86.113-94.

----------------------------------------------------------------------------------------------------------------
                 Item                                                 ASTM test method No.           Type 2-D
----------------------------------------------------------------------------------------------------------------
(i) Cetane Number..............................................  D613..........................            38-58
(ii) Cetane Index..............................................  D976..........................         min. 40
(iii) Distillation range:
    90 pct. point.....................  [deg]F.................  D86...........................          540-630
(iv) Gravity..........................  [deg]API...............  D287..........................            30-39
(v) Total sulfur......................  ppm....................  D2622.........................             7-15
(vi) Flashpoint, min..................  [deg]F.................  D93...........................              130
                                        ( [deg]C)..............  ..............................           (54.4)
(vii) Viscosity.......................  centistokes............  D445..........................          1.5-4.5
----------------------------------------------------------------------------------------------------------------

    (h)(1) For model year 2004 through 2006 Tier 2 diesel-fueled 
vehicles that incorporate sulfur-sensitive technologies, the 
manufacturer may test the vehicle using a test fuel meeting the 
specifications listed in paragraphs (b)(2) and (b)(3) of this section, 
provided the manufacturer clearly recommends to the ultimate purchaser 
in the owner's manual that the vehicle should use fuel with no higher 
than 15 ppm sulfur.
    (2) For model year 2004 through 2006 Tier 2 diesel-fueled vehicles 
that incorporate sulfur-sensitive technologies and that are certified 
for 50-state sale (i.e., certified to California and EPA standards), the 
manufacturer may test the vehicle using a test fuel whose qualities, on 
a specification by specification basis, meet the requirements of either 
the specifications listed in paragraph (b)(2) of this section or the 
California test fuel specifications, provided the manufacturer clearly 
recommends to the ultimate purchaser in the owner's manual that the 
vehicle should use fuel with no higher than 15 ppm sulfur.
    (3) Where a manufacturer uses a test fuel under paragraph (h)(1) or 
(h)(2) of this section, EPA shall use the same fuel for its compliance 
testing.

[66 FR 5167, Jan. 18, 2001]



Sec. 86.113-94  Fuel specifications.

    (a) Gasoline fuel. (1) Gasoline having the following specifications 
will be

[[Page 569]]

used by the Administrator in exhaust and evaporative emission testing of 
petroleum-fueled Otto-cycle vehicles. Gasoline having the following 
specification or substantially equivalent specifications approved by the 
Administrator, shall be used by the manufacturer in exhaust and 
evaporative testing except that octane specifications do not apply;

------------------------------------------------------------------------
                                          ASTM test method
                  Item                           No.            Value
------------------------------------------------------------------------
Octane, Research, Min..................  D2699                        93
Sensitivity, Min.......................  ..................          7.5
Lead (organic):
    g/U.S. gal. (g/liter)..............  D3237                 \1\ 0.050
                                                             \1\ (0.013)
Distillation Range:
    IBP:\2\ [deg]F ( [deg]C)...........  D86                       75-95
                                                               (23.9-35)
    10 pct. point: [deg]F ( [deg]C)....  D86                     120-135
                                                             (48.9-57.2)
    50 pct. point: [deg]F ( [deg]C)....  D86                     200-230
                                                              (93.3-110)
    90 pct. point: [deg]F ( [deg]C)....  D86                     300-325
(148.9-162.8):
    EP, max: [deg]F ( [deg]C)..........  D86                         415
                                                                 (212.8)
Sulfur, weight pct. max................  D1266                      0.10
Phosphorus, max. g/U.S. gal. (g/liter).  D3231                     0.005
                                                                (0.0013)
RVP, \3,4\ psi (kPa)...................  D3231                   8.7-9.2
                                                             (60.0-63.4)
Hydrocarbon composition:
    Olefins, max. pct..................  D1319                        10
    Aromatics, max. pct................  D1319                        35
    Saturates..........................  D1319                     (\5\)
------------------------------------------------------------------------
\1\ Maximum.
\2\ For testing at altitudes above 1,219 m (4,000 ft), the specified
  range is 75[deg]-105 [deg]F (23.9[deg]-40.6 [deg]C).
\3\ For testing which is unrelated to evaporative emission control, the
  specified range is 8.0-9.2 psi (55.2-63.4 kPa).
\4\ For testing at altitudes above 1,219 m (4,000 ft), the specified
  range is 7.6-8.0 psi (52-55 kPa).
\5\ Remainder.

    (2)(i) Unleaded gasoline representative of commercial gasoline which 
will be generally available through retail outlets shall be used in 
service accumulation. Leaded gasoline will not be used in service 
accumulation.
    (ii) The octane rating of the gasoline used shall be no higher than 
1.0 Research octane number above the minimum recommended by the 
manufacturer and have a minimum sensitivity of 7.5 octane numbers, where 
sensitivity is defined as the Research octane number minus the Motor 
octane number.
    (iii) The Reid Vapor Pressure of the gasoline used shall be 
characteristic of the motor fuel used during the season in which the 
service accumulation takes place.
    (3) The specification range of the gasoline to be used under this 
paragraph (a) shall be reported in accordance with Sec. 86.094-21(b)(3) 
or Sec. 86.1844-01 as applicable.
    (b) Petroleum diesel test fuel. (1) The petroleum fuels employed for 
testing diesel vehicles shall be clean and bright, with pour and cloud 
points adequate for operability. The petroleum diesel fuel may contain 
nonmetallic additives as follows: Cetane improver, metal deactivator, 
antioxidant, dehazer, antirust, pour depressant, dye, dispersant and 
biocide. Fuels specified for emissions testing are intended to be 
representative of commercially available in-use fuels.
    (2) Petroleum fuel for diesel vehicles meeting the following 
specifications, or substantially equivalent specifications approved by 
the Administrator, shall be used in exhaust emission testing. The grade 
of petroleum diesel fuel recommended by the engine manufacturer, 
commercially designated as ``Type 2-D'' grade diesel, shall be used:

----------------------------------------------------------------------------------------------------------------
                  Item                                                  ASTM test method No.        Type 2-D
----------------------------------------------------------------------------------------------------------------
Cetane number...........................                             D 613                                 40-50
Cetane index............................                             D 976                                 40-50
Distillation range:
  IBP...................................  [deg]F                     D 86                                340-400
                                          ([deg]C)                                                 (171.1-204.4)
  10 pct. point.........................  [deg]F                     D 86                                400-460
                                          ([deg]C)                                                 (204.4-237.8)
  50 pct. point.........................  [deg]F                     D 86                                470-540
                                          ([deg]C)                                                 (243.3-282.2)
  90 pct. point.........................  [deg]F                     D 86                                560-630
                                          ([deg]C)                                                 (293.3-332.2)
  EP....................................  [deg]F                     D 86                                610-690
                                          ([deg]C)                                                 (321.1-365.6)
Gravity.................................  [deg]API                   D 287                                 32-37
Total sulfur............................  pct.                       D 2622                            0.03-0.05

[[Page 570]]

 
Hydrocarbon composition:
  Aromatics, minimum....................  pct.                       D 1319                                   27
  Paraffins, Naphthenes, Olefins........                             D 1319                                  \1\
Flashpoint, min.........................  [deg]F                     D 93                                    130
                                          ([deg]C)                                                        (54.4)
Viscosity...............................  centistokes                D 445                              2.0-3.2
----------------------------------------------------------------------------------------------------------------
[\1\] Remainder.

    (3) Petroleum fuel for diesel vehicles meeting the following 
specifications, or substantially equivalent specifications approved by 
the Administrator, shall be used in service accumulation. The grade of 
petroleum diesel fuel recommended by the engine manufacturer, 
commercially designated as ``Type 2-D'' grade diesel fuel, shall be 
used:

----------------------------------------------------------------------------------------------------------------
                  Item                                                    ASTM test method No.       Type 2-D
----------------------------------------------------------------------------------------------------------------
Cetane Number...........................  ............................  D613                               38-58
Cetane Index............................  ............................  D976                             min. 40
Distillation range:
  90 pct. point.........................  [deg]F                        D86                              540-630
                                          ( [deg]C)                     .......................    (282.2-343.3)
Gravity.................................  [deg]API                      D287                               30-39
Total sulfur............................  pct.                          D2622                          0.03-0.05
Flashpoint, min.........................  [deg]F                        D93                                  130
                                          ( [deg]C)                     .......................           (54.4)
Viscosity...............................  centistokes                   D445                             1.5-4.5
----------------------------------------------------------------------------------------------------------------

    (4) Other petroleum distillate fuels may be used for testing and 
service accumulation provided:
    (i) They are commercially available; and
    (ii) Information, acceptable to the Administrator, is provided to 
show that only the designated fuel would be used in customer service; 
and
    (iii) Use of a fuel listed under paragraphs (b)(2) and (b)(3) of 
this section would have a detrimental effect on emissions or durability; 
and
    (iv) Written approval from the Administrator of the fuel 
specifications is provided prior to the start of testing.
    (5) The specification range of the fuels to be used under paragraphs 
(b)(2), (b)(3) and (b)(4) of this section shall be reported in 
accordance with Sec. 86.094-21(b)(3) or Sec. 86.1844-01 as applicable.
    (c) Methanol fuel. (1) Methanol fuel used for exhaust and 
evaporative emission testing and in service accumulation shall be 
representative of commercially available methanol fuel and shall consist 
of at least 50 percent methanol by volume.
    (i) Manufacturers shall recommend the methanol fuel to be used for 
testing and service accumulation.
    (ii) The Administrator shall determine the methanol fuel to be used 
for testing and service accumulation.
    (2) Other methanol fuels may be used for testing and service 
accumulation provided:
    (i) They are commercially available; and
    (ii) Information, acceptable to the Administrator, is provided to 
show that only the designated fuel would be used in customer service; 
and
    (iii) Use of a fuel listed under paragraph (c)(1) of this section 
would have a detrimental effect on emissions or durability; and
    (iv) Written approval from the Administrator of the fuel 
specifications must be provided prior to the start of testing.
    (3) The specification range of the fuels to be used under paragraphs 
(c)(1) and (c)(2) of this section shall be reported in accordance with 
Sec. 86.094-21(b)(3) or Sec. 86.1844-01 as applicable.
    (d) Mixtures of petroleum and methanol fuels for flexible fuel 
vehicles. (1) Mixtures of petroleum and methanol fuels

[[Page 571]]

used for exhaust and evaporative emission testing and service 
accumulation for flexible fuel vehicles shall consist of the appropriate 
petroleum fuels listed in either paragraph (a) or paragraph (b) of this 
section and a methanol fuel representative of the fuel expected to be 
found in use, as specified in paragraph (c) of this section, and shall 
be within the range of fuel mixtures for which the vehicle was designed, 
as reported in Sec. 86.94-21(j) or Sec. 86.1844-01 as applicable. The 
Administrator may use any fuel or fuel mixture within this range for 
testing.
    (2) The fuel mixtures used by the manufacturers shall be sufficient 
to demonstrate compliance over the full design range, and shall include:
    (i) For emission testing:
    (A) The petroleum fuel specified in paragraph (a) or (b) of this 
section;
    (B) A methanol fuel representative of the methanol fuel expected to 
the found in use, as specified in paragraph (c) of this section;
    (C) A combination of the fuels specified in paragraphs (d)(2)(i)(A) 
and (d)(2)(i)(B) of this section at a composition which represents the 
highest Reid Vapor Pressure of in-use mixtures. This mixture shall 
contain between 9-13 percent methanol by volume.
    (ii) For service accumulation, the fuels specified in paragraphs (a) 
and (c) of this section or, for diesel FFVs, paragraphs (b) and (c) of 
this section shall be used alternately. The fuels shall be alternated at 
mileage intervals not to exceed 5,000 miles. The fuels shall be 
alternated such that the cumulative volumes of both the methanol fuel 
and the petroleum fuel used shall be at least 25 percent of the total 
fuel volume.
    (iii) Or, other combinations for testing or service accumulation 
which demonstrate compliance with the standards over the entire design 
range of the vehicle, provided that written approval is obtained from 
the Administrator prior to the start of testing.
    (3) The specification range of the fuels to be used under this 
paragraph shall be reported in accordance with Sec. 86.094-21(b)(3) or 
Sec. 86.1844-01 as applicable.
    (e) Natural gas fuel. (1) Natural gas fuel having the following 
specifications will be used by the Administrator for exhaust and 
evaporative emission testing of natural gas-fueled vehicles:

------------------------------------------------------------------------
                                                      ASTM test
              Item                                    method No.   Value
------------------------------------------------------------------------
Methane.........................  min. mole pct.     D1945          89.0
Ethane..........................  max. mole pct.     D1945           4.5
C3 and higher...................  max. mole pct.     D1945           2.3
C6 and higher...................  max. mole pct.     D1945           0.2
Oxygen..........................  max. mole pct.     D1945           0.6
Inert gases:
    Sum of CO2 and N2...........  max. mole pct.     D1945           4.0
Odorant \1\
------------------------------------------------------------------------
\1\ The natural gas at ambient conditions must have a distinctive odor
  potent enough for its presence to be detected down to a concentration
  in air of not over \1/5\ (one-fifth) of the lower limit of
  flammability.

    (2) Natural gas representative of commercially available natural gas 
fuel which will be generally available through retail outlets shall be 
used in service accumulation for natural gas- fueled vehicles.
    (3) Other natural gas fuels may be used for testing and service 
accumulation provided:
    (i) They are commercially available; and
    (ii) Information acceptable to the Administrator is provided to show 
that only the designated fuel would be used in customer service; and
    (iii) Written approval from the Administrator of the fuel 
specifications must be provided prior to the start of testing.
    (4) The specification range of the fuels to be used under paragraphs 
(e)(1), (e)(2) and (e)(3) of this section shall be reported in 
accordance with Sec. 86.094-21(b)(3) or Sec. 86.1844-01 as applicable.
    (f) Liquefied petroleum gas fuel. (1) Liquefied petroleum gas fuel 
used for exhaust and evaporative emission testing and in service 
accumulation shall be commercially available liquefied petroleum gas 
fuel.
    (i) Manufacturers shall recommend the liquefied petroleum gas fuel 
to be used for testing and service accumulation.
    (ii) The Administrator shall determine the liquefied petroleum gas 
fuel to be used for testing and service accumulation.
    (2) Other liquefied petroleum gas fuels may be used for testing and 
service accumulation provided:

[[Page 572]]

    (i) They are commercially available; and
    (ii) Information, acceptable to the Administrator, is provided to 
show that only the designated fuel would be used in customer service; 
and
    (iii) Written approval from the Administrator of the fuel 
specifications must be provided prior to the start of testing.
    (3) The specification range of the fuel to be used under paragraphs 
(f)(1) and (f)(2) of this section shall be measured in accordance with 
ASTM D2163-61 (Incorporated by reference; see Sec. 86.1) and reported 
in accordance with Sec. 86.094-21(b)(3) or Sec. 86.1844-01 as 
applicable.
    (g) Fuels not meeting the specifications set forth in this section 
may be used only with the advance approval of the Administrator.

[59 FR 48506, Sept. 21, 1994, as amended at 60 FR 34342, June 30, 1995; 
62 FR 47120, Sept. 5, 1997; 63 FR 24448, May 4, 1998; 64 FR 23921, May 
4, 1999; 65 FR 8277, Feb. 18, 2000]



Sec. 86.114-94  Analytical gases.

    (a) Analyzer gases. (1) Gases for the CO and CO2 
analyzers shall be single blends of CO and CO2 respectively 
using nitrogen as the diluent.
    (2) Gases for the THC analyzer shall be:
    (i) Single blends of propane using air as the diluent; and
    (ii) Optionally, for response factor determination, single blends of 
methanol using air as the diluent.
    (3) Gases for the methane analyzer shall be single blends of methane 
using air as the diluent.
    (4) Gases for the NOX analyzer shall be single blends of 
NO named as NOX. with a maximum NO2 concentration 
of 5 percent of the nominal value, using nitrogen as the diluent.
    (5) Fuel for FIDs and HFIDs and the methane analyzer shall be a 
blend of 40 2 percent hydrogen with the balance 
being helium. The mixture shall contain less than one ppm equivalent 
carbon response. 98 to 100 percent hydrogen fuel may be used with 
advance approval by the Administrator.
    (6) The allowable zero gas (air or nitrogen) impurity concentrations 
shall not exceed 1 ppm equivalent carbon response, 1 ppm carbon 
monoxide, 0.04 percent (400 ppm) carbon dioxide, and 0.1 ppm nitric 
oxide.
    (7) ``Zero grade air'' includes artificial ``air'' consisting of a 
blend of nitrogen and oxygen with oxygen concentrations between 18 and 
21 mole percent.
    (8) The use of precision blending devices (gas dividers) to obtain 
the required calibration, as defined below, is acceptable, provided that 
the calibration curves they produce name a calibration gas within 2 
percent of its certified concentration. This verification shall be 
performed at between 15 and 50 percent of the full scale concentration 
of the range and shall be included with each gas calibration 
incorporating a blending device. Alternative procedures to verify the 
validity of the analyzer calibration curves generated using a gas 
divider are acceptable provided the procedures are approved in advance 
by the Administrator.
    (b) Calibration gases (not including methanol) shall be traceable to 
within one percent of NIST (formerly NBS) gas standards, or other gas 
standards which have been approved by the Administrator.
    (c) Span gases (not including methanol) shall be accurate to within 
two percent of true concentration, where true concentration refers to 
NIST (formerly NBS) gas standards, or other gas standards which have 
been approved by the Administrator.
    (d) Methanol in air gases used for response factor determination 
shall:
    (1) Be traceable to within 2 percent of NIST 
(formerly NBS) gas standards, or other standards which have been 
approved by the Administrator; and
    (2) Remain within 2 percent of the labeled 
concentration. Demonstration of stability shall be based on a quarterly 
measurement procedure with a precision of 2 
percent (two standard deviations), or other method approved by the 
Administrator. The measurement procedure may incorporate multiple 
measurements. If the true concentration of the gas changes by more than 
two percent, but less than ten percent, the gas may be relabeled with 
the new concentration.

[56 FR 25773, June 5, 1991, as amended at 60 FR 34342, June 30, 1995]

[[Page 573]]



Sec. 86.115-00  EPA dynamometer driving schedules.

    Section 86.115-00 includes text that specifies requirements that 
differ from Sec. 86.115-78. Where a paragraph in Sec. 86.115-78 is 
identical and applicable to Sec. 86.115-00, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.115-78.''
    (a) The driving schedules for the EPA Urban Dynamometer Driving 
Schedule, US06, SC03, and the EPA New York City Cycles are contained in 
appendix I of this part. The driving schedules are defined by a smooth 
trace drawn through the specified speed vs. time relationships. They 
each consist of a distinct non-repetitive series of idle, acceleration, 
cruise, and deceleration modes of various time sequences and rates.
    (b) The driver should attempt to follow the target schedule as 
closely as possible (refer to Sec. 86.128-00 for additional cycle 
driving instructions). The speed tolerance at any given time for these 
schedules, or for a driver's aid chart approved by the Administrator, 
are as follows:
    (b)(1)-(c) [Reserved]. For guidance see Sec. 86.115-78.

[61 FR 54891, Oct. 22, 1996]



Sec. 86.115-78  EPA urban dynamometer driving schedule.

    (a) The EPA Urban Dynamometer Driving Schedule and the EPA New York 
City Cycle are listed in appendix I of this part. The driving schedules 
are defined by a smooth trace drawn through the specified speed vs. time 
relationships. They each consist of a distinct nonrepetitive series of 
idle, acceleration, cruise, and deceleration modes of various time 
sequences and rates.
    (b) The driver should attempt to follow the target schedule as 
closely as possible. The speed tolerance at any given time for these 
schedules, or for a driver's aid chart approved by the Administrator, 
are as follows:
    (1) The upper limit is 2 mph (3.2 km/h) higher than the highest 
point on the trace within 1 second of the given time.
    (2) The lower limit is 2 mph (3.2 km/h) lower than the lowest point 
on the trace within 1 second of the given time.
    (3)(i) Speed variations greater than the tolerances (such as may 
occur during gear changes or braking spikes) are acceptable, provided 
they occur for less than 2 seconds on any occasion and are clearly 
documented as to the time and speed at that point of the driving 
schedule.
    (ii) When conducted to meet the requirements of Sec. 86.129-94 or 
Sec. 86.153-98(d), up to three additional occurrences of speed 
variations greater than the tolerance are acceptable, provided they 
occur for less than 15 seconds on any occasion, and are clearly 
documented as to the time and speed at that point of the driving 
schedule.
    (4) Speeds lower than those prescribed are acceptable, provided the 
vehicle is operated at maximum available power during such occurrences.
    (5) When conducted to meet the requirements of Sec. 86.129-94, 
Sec. 86.132-96, Sec. 86.146-96, or Sec. 86.153-98(d), the speed 
tolerance shall be as specified above, except that the upper and lower 
limits shall be 4 mph (6.4 km/h).
    (c) Figures B78-4(a) and B78-4(b) show the range of acceptable speed 
tolerances for typical points. Figure B78-4(a) is typical of portions of 
the speed curve which are increasing or decreasing throughout the 2-
second time interval. Figure B78-4(b) is typical of portions of the 
speed curve which include a maximum or minimum value.

[[Page 574]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.155


[42 FR 32954, June 28, 1977, as amended at 43 FR 52920, Nov. 14, 1978; 
58 FR 16030, Mar. 24, 1993; 59 FR 16296, Apr. 6, 1994]



Sec. 86.116-94  Calibrations, frequency and overview.

    (a) Calibrations shall be performed as specified in Sec. 86.117 
through Sec. 86.126.
    (b) At least yearly or after any maintenance which could alter 
background emission levels, evaporative enclosure background emission 
measurements shall be performed.

[[Page 575]]

    (c) At least monthly or after any maintenance which could alter 
calibration, the following calibrations and checks shall be performed:
    (1) Calibrate the THC analyzers (both evaporative and exhaust 
instruments), methane analyzer, carbon dioxide analyzer, carbon monoxide 
analyzer, and oxides of nitrogen analyzer (certain analyzers may require 
more frequent calibration depending on particular equipment and uses).
    (2) Calibrate the dynamometer. If the dynamometer receives a weekly 
performance check (and remains within calibration) the monthly 
calibration need not be performed.
    (3) Perform an organic gas retention and calibration on the 
evaporative emissions enclosure (see Sec. 86.117-90(c)).
    (4) Calibrate the gas meters or flow instrumentation used for 
providing total flow measurement for particulate sampling.
    (5) Check the oxides of nitrogen converter efficiency.
    (d) At least weekly or after any maintenance which could alter 
calibration, the following calibrations and checks shall be performed:
    (1) [Reserved]
    (2) Perform a CVS system verification, and
    (3) Run a performance check on the dynamometer. This check may be 
omitted if the dynamometer has been calibrated within the preceding 
month.
    (e) The CVS positive displacement pump or Critical Flow Venturi 
shall be calibrated following initial installation, major maintenance, 
or as necessary when indicated by the CVS system verification (described 
in Sec. 86.119).
    (f) Sample conditioning columns, if used in the CO analyzer train, 
should be checked at a frequency consistent with observed column life or 
when the indicator of the column packing begins to show deterioration.
    (g) The Administrator, upon request, may waive the requirement to 
comply with the specified methanol recovery tolerance (e.g., 2 percent in Sec. Sec. 86.117-90 and 86.119-90), and/or 
the specified methanol retention tolerance (e.g., 4 percent in Sec. 86.117-90), and instead require 
compliance with higher tolerances (not to exceed 6 
percent for recoveries and 8 for retention), 
provided that:
    (1) The Administrator determines that compliance with these 
specified tolerances is not practically feasible; and
    (2) The manufacturer makes information available to the 
Administrator which indicates that the calibration tests and their 
results are consistent with good laboratory practice, and that the 
results are consistent with the results of calibration testing conducted 
by the Administrator.

[56 FR 25774, June 5, 1991, as amended at 58 FR 58422, Nov. 1, 1993; 59 
FR 33913, July 1, 1994; 60 FR 34342, June 30, 1995]



Sec. 86.117-96  Evaporative emission enclosure calibrations.

    The calibration of evaporative emission enclosures consists of three 
parts: initial and periodic determination of enclosure background 
emissions (hydrocarbons and methanol); initial determination of 
enclosure internal volume; and periodic hydrocarbon and methanol 
retention check and calibration. Methanol measurements may be omitted if 
methanol-fueled vehicles will not be tested in the evaporative 
enclosure. Alternate calibration methods may be used if shown to yield 
equivalent or superior results, and if approved in advance by the 
Administrator; specifically, more extreme temperatures may be used for 
determining calibration without affecting the validity of test results.
    (a) Initial and periodic determination of enclosure background 
emissions. Prior to its introduction into service, annually thereafter, 
and after any repair that can affect the enclosure background emissions, 
the enclosure shall be checked to determine that it does not contain 
materials that will themselves emit hydrocarbons or methanol. When 
methanol as well as hydrocarbons are present in the evaporative 
enclosure, the HFID hydrocarbon concentration measurement includes the 
partial response of the HFID to methanol plus the hydrocarbons. 
Determination of the HFID response to methanol, Sec. 86.121, prior to 
its being placed in service is required for the determination of 
hydrocarbons. Proceed as follows:

[[Page 576]]

    (1) Prepare the enclosure. (i) Variable-volume enclosures may be 
operated in either latched or unlatched volume configuration, as 
described in paragraph (b)(1) of this section. Ambient temperatures 
shall be maintained at 963 [deg]F throughout the 
4-hour period.
    (ii) Fixed-volume enclosures may be operated with inlet and outlet 
flow streams either closed or open; if inlet and outlet flow streams are 
open, the air flowing into and out of the enclosure must be monitored in 
accordance with Sec. 86.107-96(a)(1)(ii)(B). Ambient temperatures shall 
be maintained at 963 [deg]F throughout the 4-hour 
period.
    (iii) For running loss enclosures ambient temperatures shall be 
maintained at 953 [deg]F throughout the 4-hour 
period. For running loss enclosures designed with a vent for makeup air, 
the enclosure shall be operated with the vent closed.
    (2) The enclosure may be sealed and the mixing fan operated for a 
period of up to 12 hours before the 4-hour background sampling period 
begins.
    (3) Zero and span (calibrate if required) the hydrocarbon analyzer.
    (4) Prior to the background determination, purge the enclosure until 
a stable background hydrocarbon reading is obtained.
    (5) Turn on the mixing blower (if not already on).
    (6) Seal enclosure and measure background hydrocarbon concentration, 
background methanol, temperature, and barometric pressure.
    These are the initial readings CHCi, 
CCH3OHi, and PBi, Ti for the 
enclosure background determination.
    (7) Allow the enclosure to stand undisturbed for four hours.
    (8) Measure the hydrocarbon concentration on the same FID and the 
methanol level. These are the final concentrations, CHCf and 
CCH3OHf. Also measure final temperature and 
barometric pressure.
    (9) Calculate the mass change of methanol, hydrocarbons, and 
hydrocarbons plus methanol in the enclosure according to the equations 
in paragraph (d) of this section.
    (i) Diurnal enclosures. The enclosure background emissions 
(hydrocarbons plus methanol) shall not be greater than 0.05g for the 4 
hours.
    (ii) Running loss enclosures. The enclosure background emissions 
(hydrocarbons plus methanol) shall not be greater than 0.2 grams for the 
4 hours.
    (b) Initial determination of enclosure internal volume. Prior to its 
introduction into service the enclosure internal volume shall be 
determined by the following procedure:
    (1) Carefully measure the internal length, width and height of the 
enclosure, accounting for irregularities (such as braces) and calculate 
the internal volume. For variable-volume enclosures, latch the enclosure 
to a fixed volume when the enclosure is held at a constant temperature; 
this nominal volume shall be repeatable within 0.5 
percent of the reported value.
    (2)-(3) [Reserved]
    (c) Hydrocarbon and methanol (organic gas) retention check and 
calibration. The hydrocarbon and methanol (if the enclosure is used for 
methanol-fueled vehicles) retention check provides a check upon the 
calculated volume and also measures the leak rate. The enclosure leak 
rate shall be determined prior to its introduction into service, 
following any modifications or repairs to the enclosure that may affect 
the integrity of the enclosure, and at least monthly thereafter. (The 
methanol check can be performed less frequently, provided it is 
performed at least twice annually.) If six consecutive monthly retention 
checks are successfully completed without corrective action, the 
enclosure leak rate may be determined quarterly thereafter as long as no 
corrective action is required.
    (1) An enclosure to be used for the diurnal emission test (see Sec. 
86.133-96) shall be calibrated according to the following procedure. 
Calibration for hydrocarbon and methanol may be conducted simultaneously 
or in sequential test runs.
    (i) Zero and span (calibrate if required) the hydrocarbon analyzer.
    (ii) Purge the enclosure until a stable background hydrocarbon 
reading is obtained.
    (iii) Turn on the mixing blowers (if not already on).
    (iv) [Reserved]

[[Page 577]]

    (v) Turn on the ambient temperature control system (if not already 
on) and adjust it for an initial temperature of 96 [deg]F (36 [deg]C). 
On variable-volume enclosures, latch the enclosure to the appropriate 
volume position for the set temperature. On fixed-volume enclosures 
close the outlet and inlet flow streams.
    (vi) When the enclosure stabilizes at 963 
[deg]F (362 [deg]C), seal the enclosure and 
measure background hydrocarbon concentration, background methanol, 
temperature, and barometric pressure. These are the initial readings 
CHCi, CCH3OHi, Ti, and 
PBi for the enclosure calibration.
    (vii) For evaporative emission enclosures which will be used to 
measure evaporative emissions from vehicles meeting evaporative 
standards equal to or above 2.0 grams, inject into the enclosure 0.5 to 
6 grams of pure methanol at a temperature of at least 150 [deg]F (65 
[deg]C) and/or 0.5 to 6 grams of pure propane at lab ambient 
temperatures. For evaporative emission enclosures which will be used to 
measure evaporative emissions from vehicles meeting evaporative 
standards below 2.0 grams, inject into the enclosure 0.5 to 1.0 grams of 
pure methanol at a temperature of at least 150 [deg]F (65 [deg]C) and/or 
0.5 to 1.0 grams of pure propane at lab ambient temperature. The 
injected quantity may be measured by volume flow or by mass measurement. 
The method used to measure the quantity of methanol and propane shall 
have an accuracy of 0.2 percent of measured value 
(less accurate methods may be used with the advance approval of the 
Administrator).
    (viii) After a minimum of 5 minutes of mixing, analyze the enclosure 
atmosphere for hydrocarbon and methanol content, also record temperature 
and pressure. These measurements are the final readings for the 
enclosure calibration as well as the initial readings for the retention 
check.
    (ix) To verify the enclosure calibration, calculate the mass of 
propane and the mass of methanol using the measurements taken in 
paragraphs (c)(1)(vi) and (viii) of this section. See paragraph (d) of 
this section. This quantity must be within 2 
percent of that measured in paragraph (c)(1)(vii) of this section. (For 
1991-1995 calendar years, the difference may exceed 2 percent for methanol, provided it does not exceed 
6 percent.)
    (x) For variable-volume enclosures, unlatch the enclosure from the 
nominal volume configuration. For fixed-volume enclosures, open the 
outlet and inlet flow streams.
    (xi) Start cycling the ambient temperature from 96 [deg]F to 72 
[deg]F and back to 96 [deg]F over a 24-hour period, according to the 
profile specified in Sec. 86.133-96 and appendix II of this part, 
within 15 minutes of sealing the enclosure.
    (xii) At the completion of the 24-hour cycling period, analyze the 
enclosure atmosphere for hydrocarbon and methanol content; determine the 
net withdrawn methanol (in the case of diurnal emission testing with 
fixed volume enclosures); record temperature and barometric pressure. 
These are the final readings for the hydrocarbon and methanol retention 
check. The final hydrocarbon and methanol mass, calculated in paragraph 
(d) of this section, shall be within three percent of that determined in 
paragraph (c)(1)(viii) of this section. (For 1991-1995 calendar years, 
the difference may exceed 3 percent for methanol, 
provided it does not exceed 6 percent.)
    (2) An enclosure to be used for the running loss test (see Sec. 
86.134-96) shall meet the calibration and retention requirements of 
Sec. 86.117-90(c).
    (3) Enclosures calibrated according to the procedures specified in 
either paragraph (c)(1) or (c)(2) of this section may be used for hot 
soak testing (see Sec. 86.138).
    (d) Calculations. (1) The calculation of net methanol and 
hydrocarbon mass change is used to determine enclosure background and 
leak rate. It is also used to check the enclosure volume measurements. 
The methanol mass change is calculated from the initial and final 
methanol samples, the net withdrawn methanol (in the case of diurnal 
emission testing with fixed-volume enclosures), and initial and final 
temperature and pressure according to the following equation:

[[Page 578]]

[GRAPHIC] [TIFF OMITTED] TR06MY08.008


Where:

    (i) MCH3OH=Methanol mass change, [micro]g.
    (ii) V=Enclosure volume, ft\3\, as measured in paragraph (b)(1) of 
this section.
    (iii)-(iv) [Reserved]
    (v) VE=Volume of sample withdrawn, ft\3\. Sample volumes 
must be corrected for differences in temperature to be consistent with 
determination of Vn, prior to being used in the equation.
    (vi) PB=Barometric pressure at time of sampling, in. Hg.
    (vii) CMS=GC concentration of test sample.
    (viii) AV=Volume of absorbing reagent in impinger (ml).
    (ix) i=Initial sample.
    (x) f=Final sample.
    (xii) 1=First impinger.
    (xiii) 2=Second impinger.
    (xiv) MCH3OH,out=mass of methanol exiting the enclosure, 
in the case of fixed volume enclosures for diurnal emission testing, 
[micro]g.
    (xv) MCH3OH,in=mass of methanol exiting the enclosure, in 
the case of fixed volume enclosures for diurnal emission testing, 
[micro]g.
    (2) The hydrocarbon mass change is calculated from the initial and 
final FID readings of hydrocarbon concentration, methanol concentration 
with FID response to methanol, the net withdrawn hydrocarbon and 
methanol (in the case of diurnal emission testing with fixed-volume 
enclosures), and initial and final temperature and pressure according to 
the following equation:
[GRAPHIC] [TIFF OMITTED] TR06OC93.018


Where,
    (i) MHC=Hydrocarbon mass change, g.
    (ii) CHC=FID hydrocarbon concentration as ppm carbon, 
that is, ppm propane x 3, including FID response to methanol in the 
sample.
    (iii) CCH3OH=Methanol concentration as ppm carbon
    [GRAPHIC] [TIFF OMITTED] TR06OC93.019
    
    (iv) V=Enclosure volume ft\3\ (m\3\), as measured in paragraph 
(b)(1) of this section.
    (v) r=FID response factor to methanol.
    (vi) PB=Barometric pressure, in. Hg. (kPa).
    (vii) T=Enclosure ambient temperature, R(K).
    (viii) i=Indicates initial reading.
    (ix) f=Indicates final reading.
    (x)(A) k=3.05.
    (B) For SI units, k=17.60.
    (xi) MHC, out=mass of hydrocarbon exiting the enclosure, 
in the case of fixed-volume enclosures for diurnal emission testing, g.
    (xii) MHC, in=mass of hydrocarbon entering the enclosure, 
in the case of fixed-volume enclosures for diurnal emission testing, g.
    (3) For variable-volume enclosures, defined in Sec. 
86.107(a)(1)(i), the following

[[Page 579]]

simplified form of the hydrocarbon mass change equation may be used:
[GRAPHIC] [TIFF OMITTED] TR06OC93.020

    (e) Calibration of equipment for point-source testing of running 
losses. For the point-source method, the running loss fuel vapor 
sampling system shall be calibrated as a CVS system, as specified in 
Sec. 86.119, with the additional specification that the vapor sampling 
system verification be conducted as follows:
    (1) The following ``gravimetric'' technique can be used to verify 
that the vapor sampling system and analytical instruments can accurately 
measure a mass of gas that has been injected into the system. If the 
vapor sampling system will be used only in the testing of petroleum-
fueled engines, the system verification may be performed using propane. 
If the vapor sampling system will be used with methanol-fueled vehicles 
as well as petroleum-fueled vehicles, the system verification 
performance check must include a methanol check in addition to the 
propane check. (Verification can also be accomplished by constant flow 
metering using critical flow orifice devices.)
    (i) Obtain a small cylinder that has been charged with pure propane 
gas. Obtain another small cylinder that has been charged with pure 
methanol if the system will be used for methanol-fueled vehicle testing. 
Since this cylinder will be heated to 150-155 [deg]F, care must be taken 
to ensure that the liquid volume of methanol placed in the cylinder does 
not exceed approximately one-half of the total volume of the cylinder.
    (ii) Determine a reference cylinder weight to the nearest 0.01 
grams.
    (iii) Operate the vapor sampling system in the normal manner and 
release a known quantity of pure propane into the most frequently used 
fuel vapor collector during the sampling period (approximately 5 
minutes).
    (iv) Continue to operate the vapor sampling system in the normal 
manner and release a known quantity of pure methanol into the system 
during the sampling period (approximately 5 minutes).
    (v) The calculations of Sec. 86.144 are performed in the normal 
way, except in the case of propane. The density of propane (17.30 g/
ft\3\/carbon atom (0.6109 kg/m\3\/carbon atom)) is used in place of the 
density of exhaust hydrocarbons. In the case of methanol, the density of 
37.71 g/ft\3\ (1.332 kg/m\3\) is used.
    (vi) The gravimetric mass is subtracted from the vapor sampling 
system measured mass and then divided by the gravimetric mass to 
determine the percent accuracy of the system.
    (vii) The cause for any discrepancy greater than 2 percent must be found and corrected.
    (2) This procedure shall be conducted in the point-source running 
loss test environment with the collector installed in a vehicle in the 
normal test configuration. The fuel of the test vehicle shall either be 
diesel, or it shall be kept under 100 [deg]F (38 [deg]C). Two to six 
grams of pure propane and two to six grams of pure methanol shall be 
injected into the collector while the vehicle is operated over one Urban 
Dynamometer Driving Schedule (UDDS), as described in Sec. 86.115 and 
appendix I of this part. The propane and methanol injections shall be 
conducted at the ambient temperature of 955 [deg]F 
(353 [deg]C).

[58 FR 16030, Mar. 24, 1993, as amended at 60 FR 34343, June 30, 1995; 
60 FR 43890, Aug. 23, 1995; 70 FR 72927, Dec. 8, 2005; 73 FR 38293, July 
3, 2008]



Sec. 86.118-00  Dynamometer calibrations.

    (a) The dynamometer shall be calibrated at least once each month or 
performance verified at least once each week and then calibrated as 
required.

[[Page 580]]

    (b) For large single roll electric dynamometers or equivalent 
dynamometer configurations, the dynamometer adjustment settings for each 
vehicle's emission test sequence shall be verified by comparing the 
force imposed during dynamometer operation with actual road load force.

[61 FR 54891, Oct. 22, 1996]



Sec. 86.118-78  Dynamometer calibration.

    (a) The dynamometer shall be calibrated at least once each month or 
performance verified at least once each week and then calibrated as 
required. The calibration shall consist of the manufacturer's 
recommended calibration procedure plus a determination of the 
dynamometer frictional power absorption at 50.0 mph (80.5 km/h). One 
method for determining dynamometer frictional power absorption at 50.0 
mph (80.5 km/h) is described below, other methods may be used if shown 
to yield equivalent results. The measured absorbed road power includes 
the dynamometer friction as well as the power absorbed by the power 
absorption unit. The dynamometer is driven above the test speed range. 
The device used to drive the dynamometer is then disengaged from the 
dynamometer and the roll(s) is (are) allowed to coast down. The kinetic 
energy of the system is dissipated by the dynamometer. This method 
neglects the variations in roll bearing friction due to the drive axle 
weight of the vehicle. The inertia of the free (rear) roll may be 
neglected in the case of dynamometers with paired rolls.
    (1) Devise a method to determine the speed of the drive roll if it 
is not already measured. A fifth wheel, revolution pickup, or other 
suitable means may be used.
    (2) Place a vehicle on the dynamometer or devise another method of 
driving the dynamometer.
    (3) Engage the inertial flywheel or other inertial simulation system 
for the most common vehicle mass category for which the dynamometer is 
used. In addition other vehicle mass categories may be calibrated, if 
desired.
    (4) Drive the dynamometer up to 50.0 mph (80.5 km/h).
    (5) Record indicated road power.
    (6) Drive the dynamometer up to 60.0 mph (96.9 km/h).
    (7) Disengage the device used to drive the dynamometer.
    (8) Record the time for the dynamometer drive roll to coastdown from 
55.0 mph (88.5 km/h) to 45 mph (72.4 km/h).
    (9) Adjust the power absorption unit to a different level.
    (10) Repeat steps (4) to (9) above sufficient times to cover the 
range of road power used.
    (11) Calculate absorbed road power (HPd). See paragraph 
(c) of this section.
    (12) Plot indicated road load power at 50 mph (80.5 km/h) versus 
road load power at 50 mph (80.5 km/h) as shown in Figure B78-5.

[[Page 581]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.156

    (b) The performance check consists of conducting a dynamometer 
coastdown at one or more inertia-horsepower settings and comparing the 
coastdown time to that recorded during the last calibration. If the 
coastdown times differ by more than 1 s, a new calibration is required.
    (c) Calculations. The road load power actually absorbed by the 
dynamometer is calculated from the following equation:

HPd = (1/2) (W/32.2) (V\2\1 - V\2\2)/
    (550t)

where:

HPd = Power, horsepower (kilowatts)
W = Equivalent inertia, 1b (kg)
V1 = Initial Velocity, ft/s (m/s) (55 mph = 88.5 km/h = 80.67 
ft/s = 24.58 m/s)
V2 = Final Velocity, ft/s (m/s) (45 mph = 72.4 km/h = 66 ft/s 
= 20.11 m/s)
t = elapsed time for rolls to coast from 55 mph to 45 mph (88.5 to 72.4 
m/h)

    (Expressions in parentheses are for SI units.) When the coastdown is 
from 55 to 45 mph (88.5 to 72.4 km/h) the above equation reduces to:

HPd = 0.06073 (W/t)


for SI units,

HPd = 0.09984 (W/t)

[42 FR 32954, June 28, 1977, as amended at 53 FR 475, Jan. 7, 1988]



Sec. 86.119-90  CVS calibration.

    The CVS is calibrated using an accurate flowmeter and restrictor 
valve. Measurements of various parameters are made and related to flow 
through the unit. Procedures used by EPA for both PDP and CFV are 
outlined below. Other procedures yielding equivalent results may be used 
if approved in advance by the Administrator. After the calibration curve 
has been obtained,

[[Page 582]]

verification of the entire system can be performed by injecting a known 
mass of gas into the system and comparing the mass indicated by the 
system to the true mass injected. An indicated error does not 
necessarily mean that the calibration is wrong, since other factors can 
influence the accuracy of the system, e.g., analyzer calibration. A 
verification procedure is found in paragraph (c) of this section.
    (a) PDP calibrations. (1) The following calibration procedure 
outlines the equipment, the test configuration, and the various 
parameters which must be measured to establish the flow rate of the CVS 
pump. All the parameters related to the pump are simultaneously measured 
with the parameters related to a flowmeter which is connected in series 
with the pump. The calculated flow rate ft\3\/min (at pump inlet 
absolute pressure and temperature) can then be plotted versus a 
correlation function which is the value on a specific combination of 
pump parameters. The linear equation which relates the pump flow and the 
correlation function is then determined. In the event that a CVS has a 
multiple speed drive, a calibration for each range used must be 
performed.
    (2) This calibration procedure is based on the measurement of the 
absolute values of the pump and flowmeter parameters that relate the 
flow rate at each point. Three conditions must be maintained to assure 
the accuracy and integrity of the calibration curve. First, the pump 
pressures should be measured at taps on the pump rather than at the 
external piping on the pump inlet and outlet. Pressure taps that are 
mounted at the top center and bottom center of the pump drive headplate 
are exposed to the actual pump cavity pressures, and therefore reflect 
the absolute pressure differentials. Secondly, temperature stability 
must be maintained during the calibration. The laminar flowmeter is 
sensitive to inlet temperature oscillations which cause the data points 
to be scattered. Gradual changes (2 [deg]F (1.1 
[deg]C)) in temperature are acceptable as long as they occur over a 
period of several minutes. Finally, all connections between the 
flowmeter and the CVS pump must be absolutely void of any leakage.
    (3) During an exhaust emission test the measurement of these same 
pump parameters enables the user to calculate the flow rate from the 
calibration equation.
    (4) Connect a system as shown in Figure B90-8. Although particular 
types of equipment are shown, other configurations that yield equivalent 
results may be used if approved in advance by the Administrator. For the 
system indicated, the following data with given accuracy are required:

                      Calibration Data Measurements
------------------------------------------------------------------------
            Parameter                Symbol       Units      Tolerances
------------------------------------------------------------------------
Barometric pressure (corrected).  PB            in. Hg     0.012
                                                            kPa)
Pressure drop across the LFE      EDP           in. H2O    0.001
                                                            kPa)
Air temperature at CVS pump       PTI           [deg]F(    2O (1.0 kPa) 
that will yield a minimum of six data points for the total calibration. 
Allow the system to stabilize for 3 minutes and repeat the data 
acquisition.
    (7) Data analysis:
    (i) The air flow rate, Qs, at each test point is 
calculated in standard cubic feet per minute from the flowmeter data 
using the manufacturer's prescribed method.
    (ii) The air flow rate is then converted to pump flow, 
Vo, in cubic feet per revolution at absolute pump inlet 
temperature and pressure:


[[Page 584]]


Vo = (Qs/n) x (Tp/528) x (29.92/
    Pp)

Where:

(A) Vo = Pump flow ft\3\/rev (m\3\/rev) at Tp, 
Pp.
(B) Qs = Meter air flow rate in standard cubic feet per 
minute, standard conditions are 68 [deg]F, 29.92 in. Hg (20 [deg]C, 
101.3 kPa).
(C) n = Pump speed in revolutions per minute.
(D)(1) Tp = Pump inlet temperature, [deg]R([deg]K) = PTI + 
460.

(2) For SI units, Tp = PTI + 273.

(E)(l) Pp = Absolute pump inlet pressure, in. Hg. (kPa) = 
    PB - PPI (SP.GR./13.57).
(2) For SI units, Pp = PB - PPI.

Where:

(F) PB = barometric pressure, in. Hg. (kPa).
(G) PPI = Pump inlet depression, in. fluid (kPa).
(H) SP.GR. = Specific gravity of manometer fluid relative to water.

    (iii) The correlation function at each test point is then calculated 
from the calibration data:
[GRAPHIC] [TIFF OMITTED] TR06OC93.021

Where:

(A) Xo = correlation function.
(B) [Delta] Pp = the pressure differential from pump inlet to 
pump outlet, in. Hg (kPa) = Pe - Pp.

(C)(1) Pe = Absolute pump outlet pressure, in Hg, (kPa) = 
    PB + PPO (SP.GR./13.57).

(2) For SI units, Pe = PB + PPO.

Where:

(D) PPO = Pressure head at pump outlet, in. fluid (kPa).
(iv) A linear least squares fit is performed to generate the calibration 
equations which have the forms:
Vo = Do - M(Xo)
n = A - B([Delta] Pp)
Do, M, A, and B are the slope-intercept constants describing 
lines.

    (8) A CVS system that has multiple speeds should be calibrated on 
each speed used. The calibration curves generated for the ranges will be 
approximately parallel and the intercept values, Do, will 
increase as the pump flow range decreases.
    (9) If the calibration has been performed carefully, the calculated 
values from the equation will be within 0.50 
percent of the measured value of Vo. Values of M will vary 
from one pump to another, but values of Do for pumps of the 
same make, model, and range should agree within 3 
percent of each other. Particulate influx from use will cause the pump 
slip to decrease as reflected by lower values for M. Calibrations should 
be performed at pump start-up and after major maintenance to assure the 
stability of the pump slip rate. Analysis of mass injection data will 
also reflect pump slip stability.
    (b) CFV calibration. (1) Calibration of the CFV is based upon the 
flow equation for a critical venturi. Gas flow is a function of inlet 
pressure and temperature:
[GRAPHIC] [TIFF OMITTED] TR06OC93.022


Where:

(i) Qs=Flow.
(ii) Kv=Calibration coefficient.
(iii) P=Absolute pressure.
(iv) T=Absolute temperature.


The calibration procedure described below establishes the value of the 
calibration coefficient at measured values of pressure, temperature and 
air flow.
    (2) The manufacturer's recommended procedure shall be followed for 
calibrating electronic portions of the CFV.
    (3) Measurements necessary for flow calibration are as follows:

                                          Calibration Data Measurements
----------------------------------------------------------------------------------------------------------------
              Parameter                      Symbol                 Units                    Tolerances
----------------------------------------------------------------------------------------------------------------
Barometric pressure (corrected)......  Pb................  Inches Hg (kPa)........  .01 in
                                                                                     Hg (.034 kPa)
Air temperature, flowmeter...........  ETI...............  [deg]F ([deg]C)........  .25[deg]F (.14[deg]C)
Pressure depression upstream of LFE..  EPI...............  Inches H2O (kPa).......  .05 in
                                                                                     H2O (.012 kPa)
Pressure drop across LFE matrix......  EDP...............  Inches H2O (kPa).......  .005
                                                                                     in H2O (.001
                                                                                     kPa)
Air flow.............................  Qs................  Ft\3\/min. (m\3\/min,).  .5 pct

[[Page 585]]

 
CFV inlet depression.................  PPI...............  Inches fluid (kPa).....  .13 in
                                                                                     fluid (.055 kPa)
CFV outlet pressure..................  PPO...............  Inches Hg (kPa)........  0.05
                                                                                     in. Hg (0.17 kPa) \1\
Temperature at venturi inlet.........  Tv................  [deg]F ([deg]C)........  0.5[deg]F (0.28[deg]C)
Specific gravity of manometer fluid    Sp. Gr............
 (1.75 oil).
----------------------------------------------------------------------------------------------------------------
\1\ Requirement begins August 20, 2001.

    (4) Set up equipment as shown in Figure B90-9 and check for leaks. 
Any leaks between the flow measuring device and the critical flow 
venturi will seriously affect the accuracy of the calibration.

[[Page 586]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.199

    (5) Set the variable flow restrictor to the open position, start the 
blower, and allow the system to stabilize. Record data from all 
instruments.
    (6) Vary the flow restrictor and make at least 8 readings across the 
critical flow range of the venturi.
    (7) Data analysis: The data recorded during the calibration are to 
be used in the following calculations:
    (i) The air flow rate, Qs, at each test point is 
calculated in standard cubic feet per minute from the flow meter data 
using the manufacturer's prescribed method.
    (ii) Calculate values of the calibration coefficient for each test 
point:

[[Page 587]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.023


Where:

(A) Qs = Flow rate in standard cubic feet per minute, 
    standard conditions are 68 [deg]F 29.92 in. Hg (20 [deg]C, 101.3 
    kPa).
(B) Tv = Temperature at venturi inlet, [deg]R([deg]K).
(C)(1) Pv = Pressure at venturi inlet, mm Hg (kPa) = 
    PB - PPI (SP.GR./13.57).
(2) For SI units, Pv = PB - PPI.

Where:

(D) PPI = Venturi inlet pressure depression, in. fluid (kPa).
(E) SP.GR. = Specific gravity of manometer fluid, relative to water.

    (iii) Plot Kv as a function of venturi inlet pressure. 
For sonic flow Kv will have a relatively constant value. As 
pressure decreases (vacuum increases), the venturi becomes unchoked and 
Kv decreases. See Figure B90-10.

[[Page 588]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.200

    (iv) For a minimum of 8 points in the critical region calculate an 
average Kv and the standard deviation.
    (v) If the standard deviation exceeds 0.3 percent of the average 
Kv take corrective action.
    (8) Calculation of a parameter for monitoring sonic flow in the CFV 
during exhaust emissions tests:
    (i) Option 1. (A) CFV pressure ratio. Based upon the calibration 
data selected to meet the criteria for paragraphs (d)(7) (iv) and (v) of 
this section, in which Kv is constant, select the data values 
associated with the calibration point with the lowest absolute venturi

[[Page 589]]

inlet pressure. With this set of calibration data, calculated the 
following CFV pressure ratio limit, Prratio-lim:
[GRAPHIC] [TIFF OMITTED] TR18FE00.022

Where:

Pin-cal = Venturi inlet pressure (PPI in absolute pressure 
units), and
Pout-cal = Venturi outlet pressure (PPO in absolute pressure 
units), measured at the exit of the venturi diffuser outlet.

    (B) The venturi pressure ratio (Prratio-i) during all 
emissions tests must be less than, or equal to, the calibration pressure 
ratio limit (Prratio-lim) derived from the CFV calibration 
data, such that:
[GRAPHIC] [TIFF OMITTED] TR18FE00.023

Where:

Pin-i and Pout-i are the venturi inlet and outlet 
pressures, in absolute pressure units, at each i-th interval during the 
emissions test.

    (ii) Option 2. Other methods: With prior Administrator approval, any 
other method may be used that assure that the venturi operates at sonic 
conditions during emissions tests, provided the method is based upon 
sound engineering principles.
    (c) CVS System Verification. The following ``gravimetric'' technique 
can be used to verify that the CVS and analytical instruments can 
accurately measure a mass of gas that has been injected into the system. 
If the CVS and analytical system will be used only in the testing of 
petroleum-fueled engines, the system verification may be performed using 
either propane or carbon monoxide. If the CVS and analytical system will 
be used with methanol-fueled vehicles as well as petroleum-fueled 
vehicles, system verification performance check must include a methanol 
check in addition to either the propane or carbon monoxide check. 
(Verification can also be accomplished by constant flow metering using 
critical flow orifice devices.)
    (1) Obtain a small cylinder that has been charged with pure propane 
or carbon monoxide gas (CAUTION--carbon monoxide is poisonous).
    (2) Determine a reference cylinder weight to the nearest 0.01 grams.
    (3) Operate the CVS in the normal manner and release a quantity of 
pure propane or carbon monoxide into the system during the sampling 
period (approximately 5 minutes).
    (4) Following completion of step (3) in this paragraph (c) (if 
methanol injection is required), continue to operate the CVS in the 
normal manner and release a known quantity of pure methanol (in gaseous 
form) into the system during the sampling period (approximately five 
minutes). This step does not need to be performed with each 
verification, provided that it is performed at least twice annually.
    (5) The calculations of Sec. 86.144 are performed in the normal 
way, except in the case of propane. The density of propane (17.30 g/
ft\3\/carbon atom (0.6109 kg/m\3\/carbon atom)) is used in place of the 
density of exhaust hydrocarbons. In the case of carbon monoxide, the 
density of 32.97 g/ft\3\ (1.164 kg/m\3\) is used. In the case of 
methanol, the density of 37.71 g/ft\3\ (1.332 kg/m\3\) is used.
    (6) The gravimetric mass is subtracted from the CVS measured mass 
and then divided by the gravimetric mass to determine the percent 
accuracy of the system.
    (7) The cause for any discrepancy greater than 2 percent must be found and corrected. (For 1991-1995 
calendar years, discrepancies greater than 2 
percent are allowed for the methanol test, provided that they do not 
exceed 8 percent for 1991 testing or 6 percent for 1992-1995 testing.)

[54 FR 14518, Apr. 11, 1989, as amended at 60 FR 34344, June 30, 1995; 
62 FR 47121, Sept. 5, 1997; 63 FR 24448, May 4, 1998; 65 FR 8278, Feb. 
18, 2000]



Sec. 86.120-94  Gas meter or flow instrumentation calibration; 
particulate, methanol and formaldehyde measurement.

    (a) Sampling for particulate, methanol and formaldehyde emissions 
requires the use of gas meters or flow instrumentation to determine flow 
through the particulate filters, methanol impingers and formaldehyde 
impingers. These instruments shall receive initial and periodic 
calibrations as follows:

[[Page 590]]

    (1)(i) Install a calibration device in series with the instrument. A 
critical flow orifice, a bellmouth nozzle, a laminar flow element or an 
NBS traceable flow calibration device is required as the standard 
device.
    (ii) The flow system should be checked for leaks between the 
calibration and sampling meters, including any pumps that may be part of 
the system, using good engineering practice.
    (2) Flow air through the calibration system at the sample flow rate 
used for particulate, methanol, and formaldehyde testing and at the 
backpressure which occurs during the test.
    (3) When the temperature and pressure in the system have stabilized, 
measure the indicated gas volume over a time period of at least five 
minutes or until a gas volume of at least 1 
percent accuracy can be determined by the standard device. Record the 
stabilized air temperature and pressure upstream of the instrument and 
as required for the standard device.
    (4) Calculate air flow at standard conditions as measured by both 
the standard device and the instrument(s). (Standard conditions are 
defined as 68 [deg]F (20 [deg]C) and 29.92 in Hg (101.3 kPa).)
    (5) Repeat the procedures of paragraphs (a)(2) through (4) of this 
section using at least two flow rates which bracket the typical 
operating range.
    (6) If the air flow at standard conditions measured by the 
instrument differs by 1.0 percent of the maximum 
operating range or 2.0 percent of the point 
(whichever is smaller), then a correction shall be made by either of the 
following two methods:
    (i) Mechanically adjust the instrument so that it agrees with the 
calibration measurement at the specified flow rates using the criteria 
of paragraph (a)(6) of this section; or
    (ii) Develop a continuous best fit calibration curve for the 
instrument (as a function of the calibration device flow measurement) 
from the calibration points to determine corrected flow. The points on 
the calibration curve relative to the calibration device measurements 
must be within 1.0 percent of the maximum 
operating range of 2.0 percent of the point 
(whichever is smaller).
    (b) Other systems. A bell prover may be used to calibrate the 
instrument if the procedure outlined in ANSI B109.1-1973 is used. Prior 
approval by the Administrator is not required to use the bell prover.

[60 FR 34344, June 30, 1995]



Sec. 86.121-90  Hydrocarbon analyzer calibration.

    The hydrocarbon analyzers shall receive the following initial and 
periodic calibration. The HFID used with petroleum-fueled diesel 
vehicles shall be operated at a temperature of 375 [deg]F10 [deg]F (191 [deg]6 [deg]C). The 
HFID used with methanol-fueled vehicles shall be operated at 235 
[deg]15 [deg]F (1138 
[deg]C).
    (a) Initial and periodic optimization of detector response. Prior to 
its introduction into service and at least annually thereafter, the FID 
and HFID hydrocarbon analyzers shall be adjusted for optimum hydrocarbon 
response. Alternate methods yielding equivalent results may be used, if 
approved in advance by the Administrator.
    (1) Follow the manufacturer's instructions or good engineering 
practice for instrument startup and basic operating adjustment using the 
appropriate FID fuel and zero-grade air.
    (2) Optimize on the most common operating range. Introduce into the 
analyzer a propane (methane as appropriate) in air mixture (methanol in 
air mixture for methanol-fueled vehicles when optional methanol 
calibrated HFID procedure is used during the 1994 model year) with a 
propane (or methane or methanol as appropriate) concentration equal to 
approximately 90 percent of the most common operating range.
    (3) One of the following is required for FID or HFID optimization:
    (i) For all FIDs and HFIDs, the procedures specified by the 
applicable FID or HFID manufacturer.
    (ii) For Beckman 400 FIDs only, implementation of the 
recommendations outlined in Society of Automotive Engineers (SAE) paper 
No. 770141, ``Optimization of Flame Ionization Detector for 
Determination of Hydrocarbons in Diluted Automobile Exhaust''; author, 
Glenn D. Reschke.
    (iii) For HFIDs only, the following peaking procedure. (A) With the 
fuel

[[Page 591]]

and air flow rates set in the manufacturer's recommendations, determine 
the analyzer response from the difference between the span-gas response 
and the zero gas response. Incrementally adjust the fuel flow above and 
below the manufacturer's specification. Record the span and zero 
response at these fuel flows. A plot of the difference between the span 
and zero response versus the fuel flow will be similar to the one shown 
in Fig. B87-11. Adjust the fuel-flow rate to the highest setting that 
produces the maximum analyzer response.
    (B) To determine the optimum air flow, use the fuel flow setting 
determined in paragraph (a)(3)(iii)(A) of this section and vary air 
flow.
    (iv) Alternative procedures may be used if approved in advance by 
the Administrator.
    (4) To determine the optimum air flow, use the FID fuel flow setting 
determined above and vary air flow.
    (5) After the optimum flow rates have been determined, record them 
for future reference.
    (b) Initial and periodic calibration. Prior to its introduction into 
service and monthly thereafter the FID or HFID hydrocarbon analyzers 
shall be calibrated on all normally used instrument ranges, and, if 
testing methanol vehicles under the procedure described in Sec. 86.107-
90(a)(2)(ii) or Sec. 86.110-90(a)(4), the methanol response factor 
shall be determined (paragraph (c) of this section). Use the same flow 
rate as when analyzing sample.
    (1) Adjust analyzer to optimize performance.
    (2) Zero the hydrocarbon analyzer with zero-grade air.
    (3) Calibrate on each normally used operating range with propane in 
air calibration gases (either methanol or methane in air as appropriate) 
having nominal concentrations of 15, 30, 45, 60, 75 and 90 percent of 
that range. For each range calibrated, if the deviation from a least 
squares best-fit straight line is two percent or less of the value at 
each data point, concentration values may be calculated by use of a 
single calibration factor for that range. If the deviation exceeds two 
percent at any point, the best-fit non-linear equation which represents 
the data to within two percent of each test point shall be used to 
determine concentration.
    (c) FID response factor to methanol. When the FID analyzer is to be 
used for the analysis of hydrocarbon samples containing methanol, the 
methanol response factor of the analyzer shall be established. The 
methanol response factor shall be determined at several concentrations 
in the range of concentrations in the exhaust sample, using either bag 
samples or gas bottles meeting the requirements of Sec. 86.114.
    (1) The bag sample of methanol for analysis in the FID, if used, 
shall be prepared using the apparatus shown in Figure B90-11. A known 
volume of methanol is injected, using a microliter syringe, into the 
heated mixing zone (250 [deg]F (121 [deg]C)) of the apparatus. The 
methanol is vaporized and swept into the sample bag with a known volume 
of zero grade air measured by a gas flow meter meeting the performance 
requirements of Sec. 86.120.

[[Page 592]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.159

    (2) The bag sample is analyzed using the FID.
    (3) The FID response factor, r, is calculated as follows:

r = FIDppm/SAMppm


Where:

    (i) r = FID response factor.

[[Page 593]]

    (ii) FIDppm = FID reading in ppmC.
    (iii) SAMppm=methanol concentration in the sample bag, or gas 
bottle, in ppmC. SAMppm for sample bags
[GRAPHIC] [TIFF OMITTED] TR06OC93.024


Where:

    (iv) 0.02406 = Volume of one mole at 29.92 in. Hg and 68 [deg]F, 
m\3\.
    (v) Fuel injected = Volume of methanol injected, ml.
    (vi) Fuel density = Density of methanol, 0.7914 g/ml.
    (vii) Air volume = Volume of zero grade air, m\3\.
    (viii) Mol. Wt. CH3OH = 32.04.
    (d) FID response factor to methane. When the FID analyzer is to be 
used for the analysis of gasoline, diesel, methanol, ethanol, liquefied 
petroleum gas, and natural gas-fueled vehicle hydrocarbon samples, the 
methane response factor of the analyzer must be established. To 
determine the total hydrocarbon FID response to methane, known methane 
in air concentrations traceable to the National Institute of Standards 
and Technology (NIST) must be analyzed by the FID. Several methane 
concentrations must be analyzed by the FID in the range of 
concentrations in the exhaust sample. The total hydrocarbon FID response 
to methane is calculated as follows:


rCH4=FIDppm/SAMppm

    Where:

    (1) rCH4=FID response factor to methane.
    (2) FIDppm=FID reading in ppmC.
    (3) SAMppm=the known methane concentration in ppmC.

[54 FR 14525, Apr. 11, 1989, as amended at 59 FR 48508, Sept. 21, 1994; 
60 FR 34345, June 30, 1995; 70 FR 40433, July 13, 2005]



Sec. 86.122-78  Carbon monoxide analyzer calibration.

    The NDIR carbon monoxide analyzer shall receive the following 
initial and periodic calibrations:
    (a) Initial and periodic interference check. Prior to its 
introduction into service and annually thereafter the NDIR carbon 
monoxide analyzer shall be checked for response to water vapor and 
CO2:
    (1) Follow the manufacturer's instructions for instrument startup 
and operation. Adjust the analyzer to optimize performance on the most 
sensitive range to be used.
    (2) Zero the carbon monoxide analyzer with either zero-grade air or 
zero-grade nitrogen.
    (3) Bubble a mixture of 3 percent CO2 in N2 
through water at room temperature and record analyzer response.
    (4) An analyzer response of more than 1 percent of full scale for 
ranges above 300 ppm full scale or of more than 3 ppm on ranges below 
300 ppm full scale will require corrective action. (Use of conditioning 
columns is one form of corrective action which may be taken.)
    (b) Initial and periodic calibration. Prior to its introduction into 
service and monthly thereafter the NDIR carbon monoxide analyzer shall 
be calibrated.
    (1) Adjust the analyzer to optimize performance.
    (2) Zero the carbon monoxide analyzer with either zero-grade air or 
zero-grade nitrogen.
    (3) Calibrate on each normally used operating range with carbon 
monoxide in N2 calibration gases having nominal 
concentrations of 15, 30, 45, 60, 75, and 90 percent of that range. 
Additional calibration points may be generated. For each range 
calibrated, if the deviation from a least-squares best-fit straight line 
is 2 percent or less of the value at each data point, concentration 
values may be calculated by use of a single calibration factor for that 
range. If the deviation exceeds 2 percent at any point, the best-fit 
non-linear equation which represents the data to within 2 percent of 
each test point shall be used to determine concentration.



Sec. 86.123-78  Oxides of nitrogen analyzer calibration.

    The chemiluminescent oxides of nitrogen analyzer shall receive the 
following initial and periodic calibration.
    (a) Prior to introduction into service and at least monthly 
thereafter the chemiluminescent oxides of nitrogen analyzer must be 
checked for NO2 to NO converter efficiency. Figure B78-9

[[Page 594]]

is a reference for paragraphs (a) (1) through (11) of this section.
    (1) Follow the manufacturer's instructions for instrument startup 
and operation. Adjust the analyzer to optimize performance.
    (2) Zero the oxides of nitrogen analyzer with zero-grade air or 
zero-grade nitrogen.
    (3) Connect the outlet of the NOX generator to the sample 
inlet of the oxides of nitrogen analyzer which has been set to the most 
common operating range.
    (4) Introduce into the NOX generator analyzer-system an 
NO in nitrogen (N2) mixture with an NO concentration equal to 
approximately 80 percent of the most common operating range. The 
NO2 content of the gas mixture shall be less than 5 percent 
of the NO concentration.
    (5) With the oxides of nitrogen analyzer in the NO mode, record the 
concentration of NO indicated by the analyzer.

[[Page 595]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.160

    (6) Turn on the NOX generator O2 (or air) 
supply and adjust the O2 (or air) flow rate so that the NO 
indicated by the analyzer is about 10 percent less than indicated in 
step (5). Record the concentration of NO in this NO + O2 
mixture.
    (7) Switch the NOX generator to the generation mode and 
adjust the generation rate so that the NO measured on the analyzer is 20 
percent of that measured in step (5). There must be at least 10 percent 
unreacted NO at this point. Record the concentration of residual NO.
    (8) Switch the oxides of nitrogen analyzer to the NOX 
mode and measure total NOX. Record this value.
    (9) Switch off the NOX generation but maintain gas flow 
through the system. The oxides of nitrogen analyzer will indicate the 
NOX in the NO + O2 mixture. Record this value.
    (10) Turn off the NOX generator O2 (or air) 
supply. The analyzer will now indicate the NOX in the 
original NO in N2

[[Page 596]]

mixture. This value should be no more than 5 percent above the value 
indicated in step (4).
    (11) Calculate the efficiency of the NOX converted by 
substituting the concentrations obtained into the following equation:

Percent Efficiency = [1 + (a - b)/(c - d)] x 100

where:
a = concentration obtained in step (8).
b = concentration obtained in step (9).
c = concentration obtained in step (6).
d = concentration obtained in step (7).


If converter efficiency is not greater than 90 percent corrective action 
will be required.
    (b) Initial and periodic calibration. Prior to its introduction into 
service and monthly thereafter the chemiluminescent oxides of nitrogen 
analyzer shall be calibrated on all normally used instrument ranges. Use 
the same flow rate as when analyzing samples. Proceed as follows:
    (1) Adjust analyzer to optimize performance.
    (2) Zero the oxides of nitrogen analyzer with zero-grade air or 
zero-grade nitrogen.
    (3) Calibrate on each normally used operating range with NO in N2 
calibration gases having nominal concentrations of 15, 30, 45, 60, 75, 
and 90 percent of that range. For each range calibrated, if the 
deviation from a least-squares best-fit straight line is 2 percent or 
less of the value at each data point, concentration values may be 
calculated by use of a single calibration factor for that range. If the 
deviation exceeds 2 percent at any point, the best-fit non-linear 
equation which represents the data to within 2 percent of each test 
point shall be used to determine concentration.
    (c) When testing methanol-fueled vehicles, it may be necessary to 
clean the analyzer frequently to prevent interference with 
NOX measurements (see EPA/600/S3-88/040).

[42 FR 32954, June 28, 1977, as amended at 42 FR 45652, Sept. 12, 1977; 
52 FR 47869, Dec. 16, 1987; 58 FR 58422, Nov. 1, 1993; 60 FR 34347, June 
30, 1995]



Sec. 86.124-78  Carbon dioxide analyzer calibration.

    Prior to its introduction into service and monthly thereafter the 
NDIR carbon dioxide analyzer shall be calibrated:
    (a) Follow the manufacturer's instructions for instrument startup 
and operation. Adjust the analyzer to optimize performance.
    (b) Zero the carbon dioxide analyzer with either zero-grade air or 
zero-grade nitrogen.
    (c) Calibrate on each normally used operating range with carbon 
dioxide in N2 calibration gases with nominal concentrations 
of 15, 30, 45, 60, 75, and 90 percent of that range. Additional 
calibration points may be generated. For each range calibrated, if the 
deviation from a least-squares best-fit straight line is 2 percent or 
less of the value at each data point, concentration values may be 
calculated by use of a single calibration factor for that range. If the 
deviation exceeds 2 percent at any point, the best-fit non-linear 
equation which represents the data to within 2 percent of each test 
point shall be used to determine concentration.



Sec. 86.125-94  Methane analyzer calibration.

    Prior to introduction into service and monthly thereafter, the 
methane analyzer shall be calibrated:
    (a) Follow the manufacturer's instructions for instrument startup 
and operation. Adjust the analyzer to optimize performance.
    (b) Zero the methane analyzer with zero-grade air.
    (c) Calibrate on each normally used operating range with 
CH4 in air with nominal concentrations of 15, 30, 45, 60, 75, 
and 90 percent of that range. Additional calibration points may be 
generated. For each range calibrated, if the deviation from a least-
squares best-fit straight line is 2 percent or less of the value at each 
data point, concentration values may be calculated by use of a single 
calibration factor for that range. If the deviation exceeds 2 percent at 
any point, the best-fit non-linear equation which represents the data to 
within 2 percent of each test

[[Page 597]]

point shall be used to determine concentration.

[56 FR 25774, June 5, 1991]



Sec. 86.126-90  Calibration of other equipment.

    Other test equipment used for testing shall be calibrated as often 
as required by the manufacturer or as necessary according to good 
practice. Specific equipment requiring calibration are the gas 
chromatograph and flame ionization detector used in measuring methanol 
and the high pressure liquid chromatograph (HPLC) and ultraviolet 
detector for measuring formaldehyde.

[54 FR 14527, Apr. 11, 1989]



Sec. 86.127-00  Test procedures; overview.

    Applicability. The procedures described in this and subsequent 
sections are used to determine the conformity of vehicles with the 
standards set forth in subpart A or S of this part (as applicable) for 
light-duty vehicles and light-duty trucks. Except where noted, the 
procedures of paragraphs (a) through (b) of this section, Sec. 86.127-
96 (c) and (d), and the contents of Sec. Sec. 86.135-94, 86.136-90, 
86.137-96, 86.140-94, 86.142-90, and 86.144-94 are applicable for 
determining emission results for vehicle exhaust emission systems 
designed to comply with the FTP emission standards, or the FTP emission 
element required for determining compliance with composite SFTP 
standards. Paragraphs (f) and (g) of this section discuss the additional 
test elements of aggressive driving (US06) and air conditioning (SC03) 
that comprise the exhaust emission components of the SFTP. Section 
86.127-96(e) discusses fuel spitback emissions and paragraphs (h) and 
(i) of this section are applicable to all vehicle emission test 
procedures. Section 86.127-00 includes text that specifies requirements 
that differ from Sec. 86.127-96. Where a paragraph in Sec. 86.127-96 
is identical and applicable to Sec. 86.127-00, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.127-96.''
    (a) The overall test consists of prescribed sequences of fueling, 
parking, and operating test conditions. Vehicles are tested for any or 
all of the following emissions:
    (1) Gaseous exhaust THC, CO, NOX. CO2 (for 
petroleum-fueled and gaseous- fueled vehicles), plus CH3OH 
and HCHO for methanol-fueled vehicles, plus CH4 (for vehicles 
subject to the NMHC and NMHCE standards).
    (2) Particulates.
    (3) Evaporative HC (for gasoline-fueled, methanol-fueled and 
gaseous-fueled vehicles) and CH3OH (for methanol-fueled 
vehicles). The evaporative testing portion of the procedure occurs after 
the exhaust emission test; however, exhaust emissions need not be 
sampled to complete a test for evaporative emissions.
    (4) Fuel spitback (this test is not required for gaseous-fueled 
vehicles).
    (b) The FTP Otto-cycle exhaust emission test is designed to 
determine gaseous THC, CO, CO2, CH4, 
NOX, and particulate mass emissions from gasoline-fueled, 
methanol-fueled and gaseous-fueled Otto-cycle vehicles as well as 
methanol and formaldehyde from methanol-fueled Otto-cycle vehicles, 
while simulating an average trip in an urban area of 11 miles (18 
kilometers). The test consists of engine start-ups and vehicle operation 
on a chassis dynamometer through a specified driving schedule (see 
paragraph (a), EPA Urban Dynamometer Driving Schedule, of appendix I to 
this part). A proportional part of the diluted exhaust is collected 
continuously for subsequent analysis, using a constant volume (variable 
dilution) sampler or critical flow venturi sampler.
    (c)-(e) [Reserved]. For guidance see Sec. 86.127-96.
    (f) The element of the SFTP for exhaust emissions related to 
aggressive driving (US06) is designed to determine gaseous THC, NMHC, 
CO, CO2, CH4, and NOX emissions from 
gasoline-fueled or diesel-fueled vehicles (see Sec. 86.158-00 
Supplemental test procedures; overview, and Sec. 86.159-00 Exhaust 
emission test procedures for US06 emissions). The test cycle simulates 
urban driving speeds and accelerations that are not represented by the 
FTP Urban Dynamometer Driving Schedule simulated trips discussed in 
paragraph (b) of this section. The test consists of vehicle operation on 
a chassis dynamometer

[[Page 598]]

through a specified driving cycle (see paragraph (g), US06 Dynamometer 
Driving Schedule, of appendix I to this part). A proportional part of 
the diluted exhaust is collected continuously for subsequent analysis, 
using a constant volume (variable dilution) sampler or critical flow 
venturi sampler.
    (g)(1) The element of the SFTP related to the increased exhaust 
emissions caused by air conditioning operation (SC03) is designed to 
determine gaseous THC, NMHC, CO, CO2, CH4, and 
NOX emissions from gasoline-fueled or diesel fueled vehicles 
related to air conditioning use (see Sec. 86.158-00 Supplemental 
federal test procedures; overview and Sec. 86.160-00 Exhaust emission 
test procedure for SC03 emissions). The test cycle simulates urban 
driving behavior with the air conditioner operating. The test consists 
of engine startups and vehicle operation on a chassis dynamometer 
through specified driving cycles (see paragraph (h), SC03 Dynamometer 
Driving Schedule, of appendix I to this part). A proportional part of 
the diluted exhaust is collected continuously for subsequent analysis, 
using a constant volume (variable dilution) sampler or critical flow 
venturi sampler. The testing sequence includes an approved 
preconditioning cycle, a 10 minute soak with the engine turned off, and 
the SC03 cycle with measured exhaust emissions.
    (2) The SC03 air conditioning test is conducted with the air 
conditioner operating at specified settings and the ambient test 
conditions of:
    (i) Air temperature of 95 [deg]F;
    (ii) 100 grains of water/pound of dry air (approximately 40 percent 
relative humidity);
    (iii) Simulated solar heat intensity of 850 W/m \2\ (see Sec. 
86.161-00(d)); and
    (iv) air flow directed at the vehicle that will provide 
representative air conditioner system condenser cooling at all vehicle 
speeds (see Sec. 86.161-00(e)).
    (3) Manufacturers have the option of simulating air conditioning 
operation during testing at other ambient test conditions provided they 
can demonstrate that the vehicle tail pipe exhaust emissions are 
representative of the emissions that would result from the SC03 cycle 
test procedure and the ambient conditions of paragraph (g)(2) of this 
section. The Administrator has approved two optional air conditioning 
test simulation procedures AC1 and AC2 (see Sec. 86.162-00) for only 
the model years of 2000 through 2002. If a manufacturer desires to 
conduct simulation SC03 testing for model year 2003 and beyond, the 
simulation test procedure must be approved in advance by the 
Administrator (see Sec. Sec. 86.162-00 and 86.163-00).
    (h) Except in cases of component malfunction or failure, all 
emission control systems installed on or incorporated in a new motor 
vehicle shall be functioning during all procedures in this subpart. 
Maintenance to correct component malfunction or failure shall be 
authorized in accordance with Sec. 86.098-25 or Sec. 86.1834-01 as 
applicable.
    (i) Background concentrations are measured for all species for which 
emissions measurements are made. For exhaust testing, this requires 
sampling and analysis of the dilution air. For evaporative testing, this 
requires measuring initial concentrations. (When testing methanol-fueled 
vehicles, manufacturers may choose not to measure background 
concentrations of methanol and/or formaldehyde, and then assume that the 
concentrations are zero during calculations.)

[61 FR 54891, Oct. 22, 1996, as amended at 64 FR 23921, May 4, 1999]



Sec. 86.127-96  Test procedures; overview.

    The procedures described in this and subsequent sections are used to 
determine the conformity of vehicles with the standards set forth in 
subpart A of this part for light-duty vehicles and light-duty trucks.
    (a) The overall test consists of prescribed sequences of fueling, 
parking, and operating conditions. Vehicles are tested for any or all of 
the following emissions:
    (1) Gaseous exhaust THC, CO, NOX. CO2 (for 
petroleum-fueled and gaseous-fueled vehicles), plus CH3OH and 
HCHO for methanol-fueled vehicles, plus CH4 (for vehicles 
subject to the NMHC and NMHCE standards).
    (2) Particulates.
    (3) Evaporative HC (for gasoline-fueled, methanol-fueled and 
gaseous-fueled vehicles) and CH3OH (for methanol-fueled 
vehicles). The evaporative

[[Page 599]]

testing portion of the procedure occurs after the exhaust emission test; 
however, exhaust emissions need not be sampled to complete a test for 
evaporative emissions.
    (4) Fuel spitback (this test is not required for gaseous-fueled 
vehicles).
    (b) The Otto-cycle exhaust emission test is designed to determine 
gaseous THC, CO, CO2, CH4, NOX, and 
particulate mass emissions from gasoline-fueled, methanol-fueled and 
gaseous-fueled Otto-cycle vehicles as well as methanol and formaldehyde 
from methanol-fueled Otto-cycle vehicles, while simulating an average 
trip in an urban area of 11 miles (18 kilometers). The test consists of 
engine start-ups and vehicle operation on a chassis dynamometer through 
a specified driving schedule. A proportional part of the diluted exhaust 
is collected continuously for subsequent analysis, using a constant 
volume (variable dilution) sampler or critical flow venturi sampler.
    (c) The diesel-cycle exhaust emission test is designed to determine 
particulate and gaseous mass emissions during a test similar to the test 
in Sec. 86.127(b). For petroleum-fueled diesel-cycle vehicles, diluted 
exhaust is continuously analyzed for THC using a heated sample line and 
analyzer; the other gaseous emissions (CH4, CO, 
CO2, and NOX) are collected continuously for 
analysis as in Sec. 86.127(b). For methanol-fueled vehicles, THC, 
methanol, formaldehyde, CO, CO2, CH4, and 
NOX are collected continuously for analysis as in Sec. 
86.127(b). THC, methanol, and formaldehyde are collected using heated 
sample lines, and a heated FID is used for THC analyses. Simultaneous 
with the gaseous exhaust collection and analysis, particulates from a 
proportional part of the diluted exhaust are collected continuously on a 
filter. The mass of particulate is determined by the procedure described 
in Sec. 86.139. This testing requires a dilution tunnel as well as the 
constant volume sampler.
    (d) The evaporative emission test (gasoline-fueled vehicles, 
methanol-fueled and gaseous-fueled vehicles) is designed to determine 
hydrocarbon and methanol evaporative emissions as a consequence of 
diurnal temperature fluctuation, urban driving and hot soaks following 
drives. It is associated with a series of events that a vehicle may 
experience and that may result in hydrocarbon and/or methanol vapor 
losses. The test procedure is designed to measure:
    (1) Diurnal emissions resulting from daily temperature changes (as 
well as relatively constant resting losses), measured by the enclosure 
technique (see Sec. 86.133);
    (2) Running losses resulting from a simulated trip performed on a 
chassis dynamometer, measured by the enclosure or point-source technique 
(see Sec. 86.134; this test is not required for gaseous-fueled 
vehicles); and
    (3) Hot soak emissions, which result when the vehicle is parked and 
the hot engine is turned off, measured by the enclosure technique (see 
Sec. 86.138).
    (e) Fuel spitback emissions occur when a vehicle's fuel fill neck 
cannot accommodate dispensing rates. The vehicle test for spitback 
consists of a short drive followed immediately by a complete refueling 
event. This test is not required for gaseous-fueled vehicles.
    (f) Except in cases of component malfunction or failure, all 
emission control systems installed on or incorporated in a new motor 
vehicle shall be functioning during all procedures in this subpart. 
Maintenance to correct component malfunction or failure shall be 
authorized in accordance with Sec. 86.090-25.
    (g) Background concentrations are measured for all species for which 
emissions measurements are made. For exhaust testing, this requires 
sampling and analysis of the dilution air. For evaporative testing, this 
requires measuring initial concentrations. (When testing methanol-fueled 
vehicles, manufacturers may choose not to measure background 
concentrations of methanol and/or formaldehyde, and then assume that the 
concentrations are zero during calculations.)

[58 FR 16032, Mar. 24, 1993, as amended at 59 FR 48508, Sept. 21, 1994; 
60 FR 34347, June 30, 1995]



Sec. 86.128-00  Transmissions.

    Section 86.128-00 includes text that specifies requirements that 
differ from Sec. 86.128-79. Where a paragraph in Sec. 86.128-79 is 
identical and applicable to

[[Page 600]]

Sec. 86.128-00, this may be indicated by specifying the corresponding 
paragraph and the statement ``[Reserved]. For guidance see Sec. 86.128-
79.''
    (a)-(c) [Reserved]. For guidance see Sec. 86.128-79.
    (d) The vehicle shall be driven with appropriate accelerator pedal 
movement necessary to achieve the speed versus time relationship 
prescribed by the driving schedule. Both smoothing of speed variations 
and excessive accelerator pedal perturbations are to be avoided.
    (e)-(h) [Reserved]. For guidance see Sec. 86.128-79.

[61 FR 54892, Oct. 22, 1996]



Sec. 86.128-79  Transmissions.

    (a) All test conditions, except as noted, shall be run according to 
the manufacturer's recommendations to the ultimate purchaser, Provided, 
That: Such recommendations are representative of what may reasonably be 
expected to be followed by the ultimate purchaser under in-use 
conditions.
    (b) Vehicles equipped with free wheeling or overdrive, except as 
noted, shall be tested with these features operated according to the 
manufacturer's recommendations to the ultimate purchaser.
    (c) Idle modes less than one minute in length shall be run with 
automatic transmissions in ``Drive'' and the wheels braked; manual 
transmissions shall be in gear with the clutch disengaged, except for 
the first idle mode (see Sec. Sec. 86.134, 86.136, and 86.137). The 
first idle mode and idle modes longer than one minute in length may be 
run with automatic transmissions in ``Neutral;'' manual transmissions 
may be in ``Neutral'' with the clutch engaged (clutch may be disengaged 
for engine start-up). If an automatic transmission is in ``Neutral'' 
during an idle mode, it shall be placed in ``Drive'' with the wheels 
braked at least 5 seconds before the end of the idle mode. If a manual 
transmission is in ``Neutral'' during an idle mode, it shall be placed 
in gear with the clutch disengaged at least 5 seconds before the end of 
the idle mode.
    (d) The vehicle shall be driven with minimum accelerator pedal 
movement to maintain the desired speed.
    (e) Accelerations shall be driven smoothly following representative 
shift speeds and procedures. For manual transmissions, the operator 
shall release the accelerator pedal during each shift and accomplish the 
shift with minimum time. If the vehicle cannot accelerate at the 
specified rate, the vehicle shall be operated at maximum available power 
until the vehicle speed reaches the value prescribed for that time in 
the driving schedule.
    (f) The deceleration modes shall be run in gear using brakes or 
accelerator pedal as necessary to maintain the desired speed. Manual 
transmission vehicles shall have the clutch engaged and shall not change 
gears from the previous mode. For those modes which decelerate to zero, 
manual transmission clutches shall be depressed when the speed drops 
below 15 mph (24.1 km/h), when engine roughness is evident, or when 
engine stalling is imminent.
    (g)(1) In the case of test vehicles equipped with manual 
transmissions, the transmission shall be shifted in accordance with 
procedures which are representative of shift patterns that may 
reasonably be expected to be followed by vehicles in use, in terms of 
such variables as vehicle speed or percent rated engine speed. At the 
Administrator's discretion, a test vehicle may also be shifted according 
to the shift procedures recommended by the manufacturer to the ultimate 
purchaser, if such procedures differ from those which are reasonably 
expected to be followed by vehicles in use.
    (2) A manufacturer may recommend to the ultimate purchaser shift 
procedures other than those used in testing by the EPA, Provided that: 
All shift procedures (including multiple shift speeds) which the 
manufacturer proposes to supply to the ultimate purchaser are provided 
to the Administrator as part of the manufacturer's application for 
certification, or as an amendment to such application, under Sec. 
86.079-32, Sec. 86.079-33, Sec. 86.082-34, or Sec. 86.1844-01 as 
applicable.
    (h) Downshifting is allowed at the beginning of or during a power 
mode in

[[Page 601]]

accordance with the shift procedure determined in paragraph (g)(1) of 
this section.

[43 FR 52921, Nov. 14, 1978, as amended at 58 FR 16033, Mar. 24, 1993; 
64 FR 23921, May 4, 1999]



Sec. 86.129-00  Road load power, test weight, and inertia weight 
class determination.

    Applicability. Section 86.129-94 (a) applies to all vehicle testing. 
Section 86.129-80 (b) and (c) are applicable to vehicles from engine 
families which are not required to meet SFTP requirements, although a 
manufacturer may elect to use the requirements in paragraphs (e) and (f) 
of this section instead of Sec. 86.129-80 (b) and (c) on any vehicle. 
Section 86.129-94(d) which discusses fuel temperature profile, is 
applicable to evaporative emission running loss testing. Paragraphs (e) 
and (f) of this section are applicable to vehicles from engine families 
required to comply with SFTP requirements. Section 86.129-00 includes 
text that specifies requirements that differ from Sec. 86.129-80 or 
Sec. 86.129-94. Where a paragraph in Sec. 86.129-80 or Sec. 86.129-94 
is identical and applicable to Sec. 86.129-00, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.129-80.'' or ``[Reserved]. For guidance see 
Sec. 86.129-94.''
    (a) [Reserved]. For guidance see Sec. 86.129-94.
    (b)-(c) [Reserved]. For guidance see Sec. 86.129-80.
    (d) [Reserved]. For guidance see Sec. 86.129-94.
    (e)(1) For each test vehicle from an engine family required to 
comply with SFTP requirements, the manufacturer shall supply 
representative road load forces for the vehicle at speeds between 15 km/
hr (9.3 mph) and 115 km/hr (71.5 mph). The road load force shall 
represent vehicle operation on a smooth level road, during calm winds, 
with no precipitation, at an ambient temperature of 20 [deg]C (68 
[deg]F), and atmospheric pressure of 98.21 kPa. Road load force for low 
speed may be extrapolated. Manufacturers may, at their option, use road 
load forces meeting the objectives of paragraph (f) of this section for 
any vehicle.
    (2) The dynamometer's power absorption shall be set for each 
vehicle's emission test sequence such that the force imposed during 
dynamometer operation matches actual road load force at all speeds.
    (3) The 10 percent adjustment in road load power for air 
conditioning discussed in Sec. 86.129-80(b)(3), is not applicable when 
road load forces are determined for dynamometer testing using paragraphs 
(e)(1) and (e)(2) of this section.
    (f)(1) Required test dynamometer inertia weight class selections for 
the test elements of FTP, US06, and SC03 are determined by the test 
vehicles test weight basis and corresponding equivalent weight as listed 
in the tabular information of Sec. 86.129-94(a). With the exception of 
the fuel economy test weight information in footnote 4 to the table in 
Sec. 86.129-94(a), none of the other footnotes to the tabular listing 
apply to emission tests utilizing an approved single roll dynamometer or 
equivalent dynamometer configuration. All light-duty vehicles and light 
light-duty trucks are to be tested at the inertia weight class 
corresponding to their equivalent test weight.
    (i) For light-duty vehicles and light light-duty trucks, test weight 
basis is loaded vehicle weight, which is the vehicle weight plus 300 
pounds.
    (ii) For heavy light-duty trucks, the definition of test weight 
basis varies depending on the SFTP test element being tested.
    (A) For the aggressive driving cycle (US06), the test weight basis 
is the vehicle curb weight plus 300 pounds.
    (B) For the FTP and the air conditioning (SC03) element of the SFTP, 
the test weight is the average of the curb weight plus GVWR.
    (C) Regardless of other requirements in this section relating to the 
testing of HLDTs, for Tier 2 HLDTs, the test weight basis for FTP and 
SFTP testing (both US06 and SC03), if applicable, is the vehicle curb 
weight plus 300 pounds. For MDPVs certified to standards in bin 11 in 
Tables S04-1 and 2 in Sec. 86.1811-04, the test weight basis must be 
adjusted loaded vehicle weight (ALVW) as defined in this part.
    (2) Dynamic inertia load adjustments may be made to the test inertia 
weight

[[Page 602]]

during specific US06 acceleration events when wide open throttle 
operation is equal to or greater than eight (8) seconds (see Sec. 
86.108-00). The dynamic inertia weight adjustment procedure must be 
approved in advance of conducting official US06 testing. The 
Administrator will perform confirmatory US06 testing using the same 
dynamometer inertia adjustment procedures as the manufacturer if:
    (i) The manufacturer submits a request to the Administrator; and
    (ii) The manufacturer provides the dynamometer hardware and/or 
software necessary for these adjustments to the Administrator.

[61 FR 54892, Oct. 22, 1996, as amended at 65 FR 6850, Feb. 10, 2000]

    Editorial Note: At 64 FR 23921, May 4, 1999, Sec. 86.129-00 was 
amended by revising footnote 4 to the table in paragraph (a) and by 
revising paragraph (d)(1)(iv). Since both paragraphs (a) and (d) of 
Sec. 86.129-00 are reserved and contain no text, these amendments could 
not be made. For the convenience of the user, the revised text is set 
forth as follows:



Sec. 86.129-00  Road load power, test weight, and inertia weight class 
determination.

                                * * * * *

    (a) * * *

                                * * * * *

    \4\ For model year 1994 and later heavy light-duty trucks not 
subject to the Tier 0 standards of Sec. 86.094-9, test weight basis 
shall be adjusted loaded vehicle weight, as defined in Sec. 86.094-2 or 
86.1803-01 as applicable. For all other vehicles, test weight basis 
shall be loaded vehicle weight, as defined in Sec. 86.082-2 or 86.1803-
01 as applicable.

                                * * * * *

    (d) * * *
    (1) * * *
    (iv) Small-volume manufacturers, as defined in Sec. 86.094-14(b)(1) 
or Sec. 86.1838-01 as applicable, may use an alternate method for 
generating fuel temperature profiles, subject to the approval of the 
Administrator.

                                * * * * *



Sec. 86.129-80  Road load power, test weight, and inertia weight
class determination.

    (a) Flywheels, electrical or other means of simulating test weight 
as shown in the following table shall be used. If the equivalent test 
weight specified is not available on the dynamometer being used, the 
next higher equivalent test weight (not to exceed 250 pounds) available 
shall be used.

------------------------------------------------------------------------
                                                   Equivalent   Inertia
 Road load power at 50 mi/h--     Loaded vehicle      test       weight
   light-duty trucks \1,2,3\     weight (pounds)     weight      class
                                                    (pounds)    (pounds)
------------------------------------------------------------------------
                                Up to 1,062......       1,000      1,000
                                1,063 to 1,187...       1,125      1,000
                                1,188 to 1,312...       1,250      1,250
                                1,313 to 1,437...       1,375      1,250
                                1,438 to 1,562...       1,500      1,500
                                1,563 to 1,687...       1,625      1,500
                                1,688 to 1,812...       1,750      1,750
                                1,813 to 1,937...       1,875      1,750
                                1,938 to 2,062...       2,000      2,000
                                2,063 to 2,187...       2,125      2,000
                                2,188 to 2,312...       2,250      2,250
                                2,313 to 2,437...       2,375      2,250
                                2,438 to 2,562...       2,500      2,500
                                2,563 to 2,687...       2,625      2,500
                                2,688 to 2,812...       2,750      2,750
                                2,813 to 2,937...       2,875      2,750
                                2,938 to 3,062...       3,000      3,000
                                3,063 to 3,187...       3,125      3,000
                                3,188 to 3,312...       3,250      3,000
                                3,313 to 3,437...       3,375      3,500
                                3,438 to 3,562...       3,500      3,500
                                3,563 to 3,687...       3,625      3,500
                                3,688 to 3,812...       3,750      3,500
                                3,813 to 3,937...       3,875      4,000
                                3,938 to 4,125...       4,000      4,000
                                4,126 to 4,375...       4,250      4,000
                                4,376 to 4,625...       4,500      4,500
                                4,626 to 4,875...       4,750      4,500
                                4,876 to 5,125...       5,000      5,000
                                5,126 to 5,375...       5,250      5,000
                                5,376 to 5,750...       5,500      5,500
                                5,751 to 6,250...   \4\ 6,000      6,000
                                6,251 to 6,750...       6,500      6,500
                                6,751 to 7,250...       7,000      7,000
                                7,251 to 7,750...       7,500      7,500
                                7,751 to 8,250...       8,000      8,000
                                8,251 to 8,750...       8,500      8,500
                                8,751 to 9,250...       9,000      9,000
                                9,251 to 9,750...       9,500      9,500
                                9,751 to 10,000..      10,000     10,000
------------------------------------------------------------------------
\1\ For all light-duty trucks except vans, and for heavy duty vehicles
  optionally certified as light-duty trucks, the road load power
  (horsepower) at 50 mi/h shall be 0.58 times B (defined below) rounded
  to the nearest \1/2\ hp.
\2\ For vans, the road load power at 50 mi/h (horsepower) shall be 0.50
  times B (defined below) rounded to the nearest \1/2\ hp.
\3\ B is the basic vehicle frontal area (square foot) plus the
  additional frontal area (square foot) of mirrors and optional
  equipment exceeding 0.1 ft\2\ which are anticipated to be sold on more
  than 33 pct of the car line. Frontal area measurements shall be
  computed to the nearest 10th of a square foot using a method approved
  in advanced by the administrator.
\4\ Light-duty vehicles over 5,750 lb loaded vehicle weight shall be
  tested at a 5,500 lb equivalent test weight.


[[Page 603]]

    (b) Power absorption unit adjustment--light-duty trucks. (1) The 
power absorption unit shall be adjusted to reproduce road load power at 
50 mph true speed. The indicated road load power setting shall take into 
account the dynamometer friction. The relationship between road load 
(absorbed) power and indicated road load power for a particular 
dynamometer shall be determined by the procedure outlined in Sec. 
86.118 or other suitable means.
    (2) The road load power listed in the table above shall be used or 
the vehicle manufacturer may determine the road load power by an 
alternate procedure requested by the manufacturer and approved in 
advance by the Administrator.
    (3) Where it is expected that more than 33 percent of a car line 
within an engine-system combination will be equipped with air 
conditioning per Sec. 86.080-24(g)(2), the road load power listed above 
or as determined in paragraph (b)(2) of this section shall be increased 
by 10 percent, up to a maximum increase of 1.4 horsepower, for testing 
all test vehicies representing that car line within that engine-system 
combination if those vehicles are intended to be offered with air 
conditioning in production. The above increase for air conditioning 
shall be added prior to rounding off as instructed by notes 2 and 3 of 
the table.
    (c) Power absorption unit adjustment--light-duty vehicles. (1) The 
power absorption unit shall be adjusted to reproduce road load power at 
50 mph true speed. The dynamometer power absorption shall take into 
account the dynamometer friction, as discussed in Sec. 86.118.
    (2) The dynamometer road load setting is determined from the 
equivalent test weight, the reference frontal area, the body shape, the 
vehicle protuberances, and the tire type by the following equations.
    (i) For light-duty vehicles to be tested on a twin roll dynamometer.

Hp = aA + P + tW

where:

Hp = the dynamometer power absorber setting at 50 mph (horsepower).
A = the vehicle reference frontal area (ft\2\). The vehicle reference 
frontal area is defined as the area of the orthogonal projection of the 
vehicle; including tires and suspension components, but excluding 
vehicle protuberances, onto a plane perpendicular to both the 
longitudinal plane of the vehicle and the surface upon which the vehicle 
is positioned. Measurements of this area shall be computed to the 
nearest tenth of a square foot using a method approved in advance by the 
Administrator.
P = the protuberance power correction factor from table 1 of this 
paragraph (horsepower).
W = vehicle equivalent test weight (lbs) from the table in paragraph 
(a).
a = 0.43 for fastback-shaped vehicles; = 0.50 for all other light duty 
vehicles.
t = 0.0 for vehicles equipped with radial ply tires; = 3 x 
10- 4 for all other vehicles.

    A vehicle is considered to have a fastback shape if the rearward 
projection of that portion of the rear surface (Ab) which 
slopes at an angle of less than 20 degrees from the horizontal is at 
least 25 percent as large as the vehicle reference frontal area. In 
addition, this surface must be smooth, continuous, and free from any 
local transitions greater than four degrees. An example of a fastback 
shape is presented in Figure 1.
[GRAPHIC] [TIFF OMITTED] TR06OC93.161


[[Page 604]]



 Table I--Protuberance Power, P. Versus Total Protuberance Frontal Area,
                                   Ap
------------------------------------------------------------------------
                                                                  P
                     Ap (square foot)                       (horsepower)
------------------------------------------------------------------------
Ap<0.30...................................................          0.0
0.30 Ap<0.60..............................................          .40
0.60 Ap<0.90..............................................          .70
0.90 Ap<1.20..............................................         1.00
1.20 Ap<1.50..............................................         1.30
1.50 Ap<1.80..............................................         1.60
1.80 Ap<2.10..............................................         1.90
2.10 Ap<2.40..............................................         2.20
2.40 Ap<2.70..............................................         2.50
2.70 Ap<3.00..............................................         2.80
3.00 Ap...................................................         3.10
------------------------------------------------------------------------

    The protuberance frontal area, Ap, is defined in a manner analogous 
to the definition of the vehicle reference frontal area, i.e., the total 
area of the orthogonal projections of the vehicle mirrors, hood 
ornaments, roof racks, and other protuberance onto a plane(s) 
perpendicular to both the longitudinal plane of the vehicle and the 
surface upon which the vehicle is positioned. A protuberance is defined 
as any fixture attached to the vehicle protruding more than 1 inch from 
the vehicle surface and having a projected area greater than 0.01 ft\2\ 
with the area calculated by a method approved in advance by the 
Administrator. Included in the total protuberance frontal area shall be 
all fixtures which occur as standard equipment. The area of any optional 
equipment shall also be included if it is expected that more than 33 
percent of the car line sold will be equipped with this option.

    (ii) The dynamometer power absorber setting for light-duty vehicles 
shall be rounded to the nearest 0.1 horsepower.
    (iii) For light-duty vehicles to be tested on a single, large roll 
dynamometer.

Hp = aA + P + (5.0 x 10 -4 + 0.33t)W

All symbols in the above equation are defined in paragraph (c)(2)(i) of 
this section. The rounding criteria of paragraph (c)(2)(i) also apply to 
this paragraph.

    (3) The road load power calculated above shall be used or the 
vehicle manufacturer may determine the road load power by an alternate 
procedure requested by the manufacturer and approved in advance by the 
Administrator.
    (4) Where it is expected that more than 33 percent of a car line 
within an engine-system combination will be equipped with air 
conditioning, per Sec. 86.080-24(g)(2), the road load power as 
determined in paragraph (c) (2) or (3) of this section shall be 
increased by 10 percent up to a maximum increment of 1.4 horsepower, for 
testing all test vehicles of that car line within that engine-system 
combination if those vehicles are intended to be offered with air 
conditioning in production. This power increment shall be added to the 
indicated dynamometer power absorption setting prior to rounding off 
this value.

[42 FR 45653, Sept. 12, 1977, as amended at 43 FR 52921, Nov. 14, 1978]



Sec. 86.129-94  Road load power, test weight, inertia weight class 
determination, and fuel temperature profile.

    Section 86.129-94 includes text that specifies requirements that 
differ from Sec. 86.129-80. Where a paragraph in Sec. 86.129-80 is 
identical and applicable to Sec. 86.129-94, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.129-80.'' Where a corresponding paragraph of 
Sec. 86.129-80 is not applicable, this is indicated by the statement 
``[Reserved].''
    (a) Flywheels, electrical, or other means of simulating test weight 
as shown in the following table shall be used. If the equivalent test 
weight specified is not available on the dynamometer being used, the 
next higher equivalent test weight (not to exceed 250 pounds) available 
shall be used:

------------------------------------------------------------------------
                                                       Test
Road load power at 50 mi/hour--                     equivalent   Inertia
   light duty trucks \1,2,3\    Test weight  basis     test      weight
                                       \4,5\          weight      class
                                                     (pounds)   (pounds)
------------------------------------------------------------------------
                                Up to 1062........      1,000      1,000
                                1063 to 1187......      1,125      1,000
                                1188 to 1312......      1,250      1,250
                                1313 to 1437......      1,375      1,250
                                1438 to 1562......      1,500      1,500
                                1563 to 1687......      1,625      1,500
                                1688 to 1812......      1,750      1,750
                                1813 to 1937......      1,875      1,750
                                1938 to 2062......      2,000      2,000
                                2063 to 2187......      2,125      2,000
                                2188 to 2312......      2,250      2,250
                                2313 to 2437......      2,375      2,250
                                2438 to 2562......      2,500      2,500
                                2563 to 2687......      2,625      2,500
                                2688 to 2812......      2,750      2,750
                                2813 to 2937......      2,875      2,750
                                2938 to 3062......      3,000      3,000
                                3063 to 3187......      3,125      3,000
                                3188 to 3312......      3,250      3,000
                                3313 to 3437......      3,375      3,500
                                3438 to 3562......      3,500      3,500
                                3563 to 3687......      3,625      3,500
                                3688 to 3812......      3,750      3,500
                                3813 to 3937......      3,875      4,000
                                3938 to 4125......      4,000      4,000

[[Page 605]]

 
                                4126 to 4375......      4,250      4,000
                                4376 to 4625......      4,500      4,500
                                4626 to 4875......      4,750      4,500
                                4876 to 5125......      5,000      5,000
                                5126 to 5375......      5,250      5,000
                                5376 to 5750......      5,500      5,500
                                5751 to 6250......      6,000      6,000
                                6251 to 6750......      6,500      6,500
                                6751 to 7250......      7,000      7,000
                                7251 to 7750......      7,500      7,500
                                7751 to 8250......      8,000      8,000
                                8251 to 8750......      8,500      8,500
                                8751 to 9250......      9,000      9,000
                                9251 to 9750......      9,500      9,500
                                9751 to 10250.....     10,000     10,000
                                10251 to 10750....     10,500     10,500
                                10751 to 11250....     11,000     11,000
                                11251 to 11750....     11,500     11,500
                                11751 to 12250....     12,000     12,000
                                12251 to 12750....     12,500     12,500
                                12751 to 13250....     13,000     13,000
                                13251 to 13750....     13,500     13,500
                                13751 to 14000....     14,000    14,000
------------------------------------------------------------------------
\1\ For all light-duty trucks except vans, and for heavy-duty vehicles
  optionally certified as light-duty trucks, and for complete heavy-duty
  vehicles, the road load power (horsepower) at 50 mi/h shall be 0.58
  times B (defined in footnote 3 of this table) rounded to the nearest
  \1/2\ horsepower.
\2\ For vans, the road load power at 50 mi/h (horsepower) shall be 0.50
  times B (defined in footnote 3 of this table) rounded to the nearest
  \1/2\ horsepower.
\3\ B is the basic vehicle frontal area (square foot) plus the
  additional frontal area (square foot) of mirrors and optional
  equipment exceeding 0.1 ft \2\ which are anticipated to be sold on
  more than 33 percent of the car line. Frontal area measurements shall
  be computed to the nearest 10th of a square foot using a method
  approved in advance by the Administrator.
\4\ For model year 1994 and later heavy light-duty trucks not subject to
  the Tier 0 standards of Sec.  86.094-9, test weight basis is as
  follows: for emissions tests, the basis shall be adjusted loaded
  vehicle weight, as defined in Sec.  86.094-2; and for fuel economy
  tests, the basis shall be loaded vehicle weight, as defined in Sec.
  86.082-2, or, at the manufacturer's option, adjusted loaded vehicle
  weight as defined in Sec.  86.094-2. For all other vehicles, test
  weight basis shall be loaded vehicle weight, as defined in Sec.
  86.082-2.
\5\ Light-duty vehicles over 5,750 lb. loaded vehicle weight shall be
  tested at a 5,500 lb. equivalent test weight.

    (b)-(c) [Reserved]. For guidance see Sec. 86.129-80.
    (d) Fuel temperature profile--(1) General requirements. (i) To be 
tested for running losses, as specified in Sec. 86.134, a vehicle must 
have a fuel temperature profile. The following procedure is used to 
generate the fuel temperature profile, which serves as a target for 
controlling fuel temperatures during the running loss test. This profile 
represents the fuel temperature change that occurs during on-road 
driving. If a vehicle has more than one fuel tank, a profile shall be 
established for each tank. Manufacturers may also simultaneously 
generate a profile for vapor temperatures.
    (ii) If a manufacturer uses a vehicle model to develop a profile to 
represent multiple models, the vehicle model selected must have the 
greatest expected fuel temperature increase during driving of all those 
models it represents. Also, manufacturers must select test vehicles with 
any available vehicle options that increase fuel temperatures during 
driving (for example, any feature that limits underbody airflow).
    (iii) Manufacturers may conduct testing to develop fuel temperature 
profiles in a laboratory setting, subject to approval by the 
Administrator. The laboratory facility should simulate outdoor testing 
to reproduce fuel and vapor temperature behavior over the specified 
driving schedule. The design of the laboratory facility should include 
consideration of any parameters that may affect fuel temperatures, such 
as solar loading, pavement heat, and relative wind velocities around and 
underneath the test vehicle. Indoor testing to develop the fuel 
temperature profiles must be conducted with little or no vehicle-
specific adjustment of laboratory parameters. Manufacturers would need 
to maintain an ongoing demonstration of correlation between laboratory 
and outdoor measurement of fuel temperatures. Specifically, fuel 
temperatures and pressures from indoor driving should be at least as 
high as measured when driving outdoors according to the procedures 
described in this section.
    (iv) Small-volume manufacturers, as defined in Sec. 86.094-
14(b)(1), may use an alternate method for generating fuel temperature 
profiles, subject to the approval of the Administrator.
    (v) The Administrator may conduct testing to establish any vehicle's 
temperature profiles or to verify compliance with fuel tank pressure 
requirements.
    (2) Vehicle instrumentation. (i) The vehicle must be equipped with 
temperature sensors and pressure transducers, as described in Sec. 
86.107-96 (e) and (f), and a driver's aid, which shall be configured to 
provide the test driver with the desired vehicle speed vs. time trace 
and the actual vehicle speed.
    (ii) A computer, data logger, or strip chart data recorder shall 
record the

[[Page 606]]

following parameters at a minimum during the test run:
    (A) Desired speed;
    (B) Actual speed;
    (C) Instantaneous average liquid fuel temperature (Tliq); 
and
    (D) Vapor space pressure (the Administrator may omit measurement of 
fuel tank pressure).
    (iii) The data recording system described in paragraph (d)(2)(ii) of 
this section shall be capable of resolving time to 1 s, capable of resolving temperature to 2 [deg]F, capable of resolving pressure to 1.0 inch of water, and capable of resolving speed to 
1 mph. The temperature and pressure signals shall 
be recorded at intervals of up to 1 minute; speed signals shall be 
recorded at intervals of up to 1 second.
    (3) Ambient conditions. The procedure shall be run under the 
following ambient conditions. Conditions should be representative of 
sunny summer days.
    (i) Starting ambient temperature (Tamb, o) shall be at 
least 95 [deg]F, steady or increasing (no more than 2 [deg]F drop) 
during the procedure. Ambient temperature shall be measured and recorded 
in regular intervals of at least once every 5 minutes. Measure ambient 
temperature with the following requirements (based on Federal Standard 
for Siting Meteorological Sensors at Airports, FCM-S4-1987). The sensors 
shall be mounted 51 feet (1.50.3 meters) above ground level. The sensors shall be 
protected from radiation from the sun, sky, earth, and any other 
surrounding objects, but at the same time be adequately ventilated. The 
sensors shall be installed in such a position as to ensure that 
measurements are representative of the free air circulation in the 
locality and not influenced by artificial conditions such as large 
buildings, cooling towers, and expanses of concrete and tarmac. Keep any 
grass and vegetation within 100 feet (30 meters) of the sensor clipped 
to a height of about 10 inches (25 centimeters) or less.
    (ii) Wind conditions shall be calm to light with maximum wind speed 
of 15 mph. In the case of temporary gusting, wind speeds between 15 and 
25 mph may occur for up to 5 percent of the total driving time without 
invalidating the data collection. Wind speed shall be measured and 
recorded in regular intervals of at least once per minute. Measure wind 
speed with the following requirements (based on Federal Standard for 
Siting Meteorological Sensors at Airports, FCM-S4-1987). The site should 
be relatively level, but small gradual slopes are acceptable. The sensor 
shall be mounted 30 to 33 feet (9 to 10 meters) above the average ground 
height within a radius of 500 feet (150 meters). The sensor height shall 
not exceed 33 feet, except as necessary to be at least 15 feet (5 
meters) above the height of any obstruction (e.g. vegetation, buildings, 
etc.) within a 500 foot (150 meter) radius. An object is considered to 
be an obstruction if the included lateral angle from the sensor to the 
ends of the object is 10 degrees or more.
    (iii) Road surface temperature shall be at least 125 [deg]F 
throughout the driving period. Pavement temperature shall be measured 
and recorded in regular intervals of at least once per minute. The track 
temperature may be measured with an embedded sensor, a portable 
temperature probe, or an infrared pyrometer that can provide an accuracy 
of 2 [deg]F. Temperatures must be measured on a 
surface representative of the surface where the vehicle is driven.
    (iv) Conditions shall be sunny or mostly sunny with a maximum cloud 
cover of 25 percent.
    (v) Reported cloud cover, wind speed, and ambient temperature should 
be consistent with that reported by the nearest weather station; the 
Administrator may request justification of any discrepancy.
    (4) Profile determination procedure. (i) Drain the fuel tank(s) and 
fill with test fuel to the ``tank fuel volume'' defined in Sec. 86.082-
2. The test fuel should meet the specifications of Sec. 86.113, except 
that fuel with a lower volatility may be used, subject to Administrator 
approval. Manufacturers using a lower volatility fuel must generate a 
vapor temperature profile for demonstrating compliance with the limit on 
fuel tank pressure during the running loss test (see Sec. 86.134-96).
    (ii) The vehicle shall be moved to the location where the data is to 
be collected. It may be driven a maximum distance of 5 miles and may 
also be

[[Page 607]]

transported by other means. The vehicle shall be stabilized by one of 
the following methods:
    (A) The vehicle shall be parked for a minimum of 12 hours in an open 
area on a surface that is representative of the test road, without any 
artificial heating or cooling of the fuel. The orientation of the front 
of the vehicle during parking (e.g., N, SW, etc.) shall be documented.
    (B) The vehicle may be soaked in a temperature-controlled 
environment to stabilize fuel temperatures. Before starting the drive, 
the vehicle shall be stabilized with fuel temperatures 95 3 [deg]F for at least one hour. The fuel temperature may 
not exceed 98 [deg]F at any time before the beginning of the driving 
schedule, during which only whole-vehicle heating and cooling may be 
used to control fuel temperatures. If a manufacturer uses the provisions 
of paragraph (d)(7)(v) of this section to establish a lower initial fuel 
temperature for the running loss test, the fuel in the test vehicle may 
not be stabilized at a temperature higher than the newly established 
initial fuel temperature.
    (iii) Once the ambient conditions specified in paragraph (d)(3) of 
this section are met and the vehicle has been stabilized according to 
paragraph (d)(4)(ii) of this section, the vehicle's engine may be 
started. The vehicle's air conditioning system (if so equipped) shall be 
set to the ``normal'' air conditioning mode and adjusted to the minimum 
discharge air temperature and high fan speed. Vehicles equipped with 
automatic temperature controlled air conditioning systems shall be set 
to operate in ``automatic'' temperature and fan modes with the system 
set at 72 [deg]F.
    (iv) The vehicle may be operated at minimum throttle for a period up 
to 60 seconds prior to the start of the driving schedule, as necessary 
to move from the parking location onto the road surface. The driver's 
aid shall be started and the vehicle operated over the driving cycle 
specified in Sec. 86.134-96(b) with the transmission operated in the 
same manner as specified in Sec. 86.128-79. The data recording system 
shall provide a record of the required parameters over the entire period 
of driving.
    (5) Records required. In addition to the vehicle data recording, the 
following parameters shall be documented for the determination of the 
fuel temperature profile:
    (i) Date and time of vehicle fueling;
    (ii) Odometer reading at vehicle fueling;
    (iii) Date and time vehicle was parked, parking location and 
orientation;
    (iv) Odometer reading at parking;
    (v) Date and time engine was started;
    (vi) Time of initiation of first UDDS;
    (vii) Time of completion of the driving cycle;
    (viii) Ambient temperatures throughout the period of driving 
(Tamb);
    (ix) Wind speed throughout the period of driving;
    (x) Track surface temperatures throughout the period of driving 
cycle (Tsur);
    (xi) Percent cloud cover during the period of driving; and
    (xii) Ambient temperature, wind speed, and percent cloud cover 
reported by the nearest weather station for the time corresponding most 
closely to the period of driving.
    (6) Fuel tank pressure. Tank pressure shall not exceed 10 inches of 
water at any time during the temperature profile determination unless a 
pressurized system is used and the manufacturer demonstrates that vapor 
would not be vented to the atmosphere upon fuel cap removal.
    (7) Calculation of temperature profiles. (i) The traces from the 
driving schedule shall be verified to meet the speed tolerance 
requirements of Sec. 86.115. The following conditions shall be 
verified:
    (A) Tamb, i=Tamb, o-2 [deg]F.

Where,
    (1) i=instantaneous measurement throughout the drive; and
    (2) o=initial measurement at the start of the specified driving 
schedule.
    (B) Tamb, o=95 [deg]F.
    (C) Tsur, i-Tamb, i=30 [deg]F.
    (D) Wmax<=15 mph.
    (ii) Failure to comply with any of these requirements shall result 
in invalidation of the data and require that the procedure be repeated, 
beginning with the fuel drain at paragraph (d)(4)(i) of this section.

[[Page 608]]

    (iii) If all these requirements are met, the following calculations 
shall be performed to determine a profile for liquid fuel temperatures 
and, if applicable, for vapor temperatures:
Ti, profile=Ti-To.

Where:
    (A) Ti,profile=the series of temperatures that comprise 
the relative temperature profile.
    (B) Ti=the series of observed liquid fuel or vapor 
temperatures during the drive.
    (C) To=the liquid fuel or vapor temperature observed at 
the start of the specified driving schedule.
    (iv) The relative temperature profile consists of the set of 
temperatures at each 1-minute interval. If temperatures are sampled more 
frequently than once per minute, the temperature data points may 
represent a rolling average of temperatures sampled for up to one-minute 
intervals. If multiple valid test runs are conducted for any model, then 
all the collected data shall be used to calculate a composite profile, 
based on the average temperatures at each point. The absolute 
temperature profile is determined by adding 95 [deg]F (35 [deg]C) to 
each point of the relative profile. Other methodologies for developing 
corrected liquid fuel and vapor space temperature profiles may be used 
if demonstrated to yield equivalent results and approved in advance by 
the Administrator.
    (v) Manufacturers may use a lower initial fuel temperature for the 
running loss test, if approved in advance by the Administrator. To 
demonstrate the need for such an adjustment, manufacturers would be 
expected to determine the maximum fuel temperature experienced by a 
vehicle during an extended park or after driving one UDDS cycle when 
exposed to the ambient conditions described in paragraph (d)(3) of this 
section. To use this provision, manufacturers would have to show maximum 
fuel temperatures no greater than 92 [deg]F.

[56 FR 25775, June 5, 1991, as amended at 58 FR 16033, Mar. 24, 1993; 59 
FR 39649, Aug. 3, 1994; 60 FR 43891, Aug. 23, 1995; 65 FR 59956, Oct. 6, 
2000]



Sec. 86.130-00  Test sequence; general requirements.

    Applicability. Section 86.130-96 (a) through (d) is applicable to 
vehicles tested for the FTP test. Paragraph (e) of this section is 
applicable to vehicles tested for the SFTP supplemental tests of air 
conditioning (SC03) and aggressive driving (US06). Paragraph (f) of this 
section is applicable to all emission testing. Section 86.130-00 
includes text that specifies requirements that differ from Sec. 86.130-
96. Where a paragraph in Sec. 86.130-96 is identical and applicable to 
Sec. 86.130-00, this may be indicated by specifying the corresponding 
paragraph and the statement ``[Reserved]. For guidance see Sec. 86.130-
96.''
    (a)-(d) [Reserved]. For guidance see Sec. 86.130-96.
    (e) The supplemental tests for exhaust emissions related to 
aggressive driving (US06) and air conditioning (SC03) use are conducted 
as stand-alone tests as described in Sec. Sec. 86.158-00, 86.159-00, 
and 86.160-00. These tests may be performed in any sequence that 
maintains the appropriate preconditioning requirements for these tests 
as specified in Sec. 86.132-00.
    (f) If tests are invalidated after collection of emission data from 
previous test segments, the test may be repeated to collect only those 
data points needed to complete emission measurements. Compliance with 
emission standards may be determined by combining emission measurements 
from different test runs. If any emission measurements are repeated, the 
new measurements supersede previous values.

[61 FR 54893, Oct. 22, 1996]



Sec. 86.130-96  Test sequence; general requirements.

    (a)(1) Gasoline- and methanol-fueled vehicles. The test sequence 
shown in figure B96-10 shows the steps encountered as the test vehicle 
undergoes the procedures subsequently described to determine conformity 
with the standards set forth. The full three- diurnal sequence depicted 
in figure B96-10 tests vehicles for all sources of evaporative 
emissions. The supplemental two-diurnal test sequence is designed to 
verify that vehicles sufficiently purge their

[[Page 609]]

evaporative canisters during the exhaust emission test. Sections 86.132-
96, 86.133-96 and 86.138-96 describe the separate specifications of the 
supplemental two-diurnal test sequence.
    (2) Gaseous-fueled vehicles. The test sequence shown in figure B96-
10 shows the steps encountered as the test vehicle undergoes the 
procedures subsequently described to determine conformity with the 
standards set forth, with the exception that the fuel drain and fill and 
precondition canister steps are not required for gaseous-fueled 
vehicles. In addition, the supplemental two-diurnal test and the running 
loss test are not required.
    (b) The vehicle test for fuel spitback during fuel dispensing is 
conducted as a stand-alone test (see Sec. 86.146). This test is not 
required for gaseous-fueled vehicles.
    (c) Ambient temperature levels encountered by the test vehicle shall 
be not less than 68 [deg]F nor more than 86 [deg]F, unless otherwise 
specified. If a different ambient temperature is specified for soaking 
the vehicle, the soak period may be interrupted once for up to 10 
minutes to transport the vehicle from one soak area to another, provided 
the ambient temperature experienced by the vehicle is never below 68 
[deg]F. The temperatures monitored during testing must be representative 
of those experienced by the test vehicle.
    (d) The vehicle shall be approximately level during all phases of 
the test sequence to prevent abnormal fuel distribution.
    (e) If tests are invalidated after collection of emission data from 
previous test segments, the test may be repeated to collect only those 
data points needed to complete emission measurements. Compliance with 
emission standards may be determined by combining emission measurements 
from different test runs. If any emission measurements are repeated, the 
new measurements supersede previous values.

[[Page 610]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.163


[58 FR 16034, Mar. 24, 1993, as amended at 59 FR 48509, Sept. 21, 1994; 
60 FR 43893, Aug. 23, 1995]

[[Page 611]]



Sec. 86.131-00  Vehicle preparation.

    Section 86.131-00 includes text that specifies requirements that 
differ from Sec. 86.131-96. Where a paragraph in Sec. 86.131-96 is 
identical and applicable to Sec. 86.131-00, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.131-96.''
    (a)-(e) [Reserved]. For guidance see Sec. 86.131-96.
    (f) For vehicles to be tested for aggressive driving emissions 
(US06), provide a throttle position sensing signal that is compatible 
with the test dynamometer. This signal provides the input information 
that controls dynamometer dynamic inertia weight adjustments (see 
Sec. Sec. 86.108-00(b)(2)(ii) and 86.129-00(f)(2)). If a manufacturer 
chooses not to implement dynamic inertia adjustments for a portion or 
all of their product line, this requirement is not applicable.

[61 FR 54893, Oct. 22, 1996]



Sec. 86.131-96  Vehicle preparation.

    (a) For gasoline- and methanol-fueled vehicles prepare the fuel 
tank(s) for recording the temperature of the prescribed test fuel, as 
described in Sec. 86.107-96(e).
    (b) Provide additional fittings and adapters, as required, to 
accommodate a fuel drain at the lowest point possible in the tank(s) as 
installed on the vehicle.
    (c) For preconditioning that involves loading the evaporative 
emission canister(s) with butane, provide valving or other means as 
necessary to allow purging and loading of the canister(s).
    (d) For vehicles to be tested for running loss emissions, prepare 
the fuel tank(s) for measuring and recording the temperature and 
pressure of the fuel tank as specified in Sec. 86.107-96 (e) and (f). 
Measurement of vapor temperature is optional during the running loss 
test. If vapor temperature is not measured, fuel tank pressure need not 
be measured.
    (e) For vehicles to be tested for running loss emissions, prepare 
the exhaust system by sealing or plugging all detectable sources of 
exhaust gas leaks. The exhaust system shall be tested or inspected to 
ensure that detectable exhaust hydrocarbons are not emitted into the 
running loss enclosure during the running loss test.

[58 FR 16037, Mar. 24, 1993, as amended at 60 FR 43895, Aug. 23, 1995]



Sec. 86.132-00  Vehicle preconditioning.

    Applicability. Section 86.132-96 (a) through (c)(1) and (d) through 
(m) and paragraph (c)(2) of this section are applicable to FTP and 
evaporative emission testing. Paragraphs (n) and (o) of this section are 
applicable to vehicles tested for the SFTP supplemental tests of 
aggressive driving (US06) and air conditioning (SC03). Section 86.132-00 
includes text that specifies requirements that differ from Sec. 86.132-
96. Where a paragraph in Sec. 86.132-96 is identical and applicable to 
Sec. 86.132-00, this may be indicated by specifying the corresponding 
paragraph and the statement ``[Reserved]. For guidance see Sec. 86.132-
96.''
    (a)-(c)(1) [Reserved]. For guidance see Sec. 86.132-96.
    (c)(2)(i) Once a test vehicle has completed the refueling and 
vehicle soak steps specified in Sec. 86.132-96 (b) and (c)(1), these 
steps may be omitted in subsequent testing with the same vehicle and the 
same fuel specifications, provided the vehicle remains under laboratory 
ambient temperature conditions for at least 6 hours before starting the 
next test. In such cases, each subsequent test shall begin with the 
preconditioning drive specified in Sec. 86.132-96(c)(1). The test 
vehicle may not be used to set dynamometer horsepower.
    (ii) The SFTP test elements of aggressive driving (US06) and air 
conditioning (SC03) can be run immediately or up to 72 hours after the 
official FTP and/or evaporative test sequence without refueling provided 
the vehicle has remained under laboratory ambient temperature 
conditions. If the time interval exceeds 72 hours or the vehicle leaves 
the ambient temperature conditions of the laboratory, the manufacturer 
must repeat the refueling operation.
    (d)-(m) [Reserved]. For guidance see Sec. 86.132-96.
    (n) Aggressive Driving Test (US06) Preconditioning. (1) If the US06 
test follows

[[Page 612]]

the exhaust emission FTP or evaporative testing, the refueling step may 
be deleted and the vehicle may be preconditioned using the fuel 
remaining in the tank (see paragraph (c)(2)(ii) of this section). The 
test vehicle may be pushed or driven onto the test dynamometer. 
Acceptable cycles for preconditioning are as follows:
    (i) If the soak period since the last exhaust test element is less 
than or equal to two hours, preconditioning may consist of a 505, 866, 
highway, US06, or SC03 test cycles.
    (ii) If the soak period since the last exhaust test element is 
greater than two hours, preconditioning consists of one full Urban 
Dynamometer Driving Cycle. Manufacturers, at their option, may elect to 
use the preconditioning in paragraph (n)(1)(i) of this section when the 
soak period exceeds two hours.
    (iii) If a manufacturer has concerns about fuel effects on adaptive 
memory systems, a manufacturer may precondition a test vehicle on test 
fuel and the US06 cycle. Upon request from a manufacturer, the 
administrator will also perform the preconditioning with the US06 cycle.
    (iv) The preconditioning cycles for the US06 test schedule are 
conducted at the same ambient test conditions as the certification US06 
test.
    (2) Following the preconditioning specified in paragraphs (n)(1)(i), 
(ii), and (iii) of this section, the test vehicle is returned to idle 
for one to two minutes before the start of the official US06 test cycle.
    (o) Air Conditioning Test (SC03) Preconditioning. (1) If the SC03 
test follows the exhaust emission FTP or evaporative testing, the 
refueling step may be deleted and the vehicle may be preconditioned 
using the fuel remaining in the tank (see paragraph (c)(2)(ii) of this 
section). The test vehicle may be pushed or driven onto the test 
dynamometer. Acceptable cycles for preconditioning are as follows:
    (i) If the soak period since the last exhaust test element is less 
than or equal to two hours, preconditioning may consist of a 505, 866, 
or SC03 test cycles.
    (ii) If the soak period since the last exhaust test element is 
greater than two hours, preconditioning consists of one full Urban 
Dynamometer Driving Cycle. Manufacturers, at their option, may elect to 
use the preconditioning in paragraph (o)(1)(i) of this section when the 
soak period exceeds two hours.
    (2) Following the preconditioning specified in paragraphs (o)(1)(i) 
and (ii) of this section, the test vehicle is turned off, the vehicle 
cooling fan(s) is turned off, and the vehicle is allowed to soak for 10 
minutes prior to the start of the official SC03 test cycle.
    (3) The preconditioning cycles for the SC03 air conditioning test 
and the 10 minute soak are conducted at the same ambient test conditions 
as the SC03 certification air conditioning test.

[61 FR 54893, Oct. 22, 1996]



Sec. 86.132-96  Vehicle preconditioning.

    (a) Fuel tank cap(s) of gasoline- and methanol-fueled vehicles shall 
be removed during any period that the vehicle is parked outdoors 
awaiting testing, to prevent unusual loading of the canisters. During 
this time care must be taken to prevent entry of water or other 
contaminants into the fuel tank. During storage in the test area while 
awaiting testing, the fuel tank cap(s) may be in place. The vehicle 
shall be moved into the test area and the following operations 
performed.
    (b)(1) Gasoline- and Methanol-Fueled Vehicles. Drain the fuel 
tank(s) and fill with test fuel, as specified in Sec. 86.113, to the 
``tank fuel volume'' defined in Sec. 86.082-2. The fuel cap(s) shall be 
installed within one minute after refueling.
    (2) Gaseous-Fueled Vehicles. Vehicle fuel tanks to be filled with 
fuel that meets the specifications in Sec. 86.113. Fuel tanks shall be 
filled to a minimum of 75% of service pressure for natural gas-fueled 
vehicles or a minimum of 75% of available fill volume for liquefied 
petroleum gas-fueled vehicles. Prior draining of the fuel tanks is not 
called for if the fuel in the tanks already meets the specifications in 
Sec. 86.113.
    (c)(1) Gasoline- and methanol-fueled vehicles shall be soaked for at 
least 6 hours after being refueled. Petroleum-fueled diesel vehicles and 
gaseous-fueled vehicles shall be soaked for at

[[Page 613]]

least 1 hour after being refueled. Following this soak period, the test 
vehicle shall be placed, either by being driven or pushed, on a 
dynamometer and operated through one Urban Dynamometer Driving Schedule 
(UDDS), specified in Sec. 86.115 and appendix I of this part.
    (2) Once a test vehicle has completed the refueling and vehicle soak 
steps specified in paragraphs (b) and (c)(1) of this section, these 
steps may be omitted in subsequent testing with the same vehicle and the 
same fuel specifications, provided the vehicle remains under laboratory 
ambient temperature conditions for at least 6 hours before starting the 
next test. In such cases, each subsequent test shall begin with the 
preconditioning drive specified in this paragraph. The test vehicle may 
not be used to set dynamometer horsepower.
    (d) For unusual circumstances where the need for additional 
preconditioning is demonstrated by the manufacturer, such 
preconditioning may be allowed with the advance approval of the 
Administrator.
    (e) The Administrator may also choose to conduct or require to be 
conducted additional preconditioning to ensure that the evaporative 
emission control system is stabilized in the case of gasoline-fueled and 
methanol-fueled vehicles, or to ensure that the exhaust system is 
stabilized in the case of petroleum- and methanol-fueled diesel 
vehicles. The preconditioning shall consist of one of the following:
    (1) For gasoline- and methanol-fueled vehicles. (i) Additional 
preconditioning shall consist of no more than 50 miles of mileage 
accumulation under typical driving conditions, either on the road or on 
a dynamometer.
    (ii) In the case of repeat testing on a flexible-fueled vehicle, in 
which the test fuel is changed, the following preconditioning procedure 
shall be used. This additional preconditioning allows the vehicle to 
adapt to the new fuel before the next test run.
    (A) Purge the vehicle's evaporative canister for 60 minutes at 0.8 
cfm.
    (B) Drain the fuel tank(s) and fill with 3 gallons of the test fuel.
    (C) Start the vehicle and allow it to idle for 1 minute.
    (D) Drain the fuel tank(s) and fill with the new test fuel to the 
``tank fuel volume'' defined in Sec. 86.082-2. The average temperature 
of the dispensed fuel shall be less than 60 [deg]F.
    (E) Conduct a heat build according to the procedure specified in 
Sec. 86.133-90.
    (F) The vehicle shall be placed, either by being driven or pushed, 
on a dynamometer and operated through one UDDS, specified in Sec. 
86.115 and appendix I of this part.
    (G) Following the dynamometer drive, the vehicle shall be turned off 
for 5 minutes, then restarted and allowed to idle for 1 minute. The 
vehicle shall then be turned off for 1 minute, and allowed to idle again 
for 1 minute.
    (H) After the vehicle is turned off the last time, it may be tested 
for evaporative and exhaust emissions, starting with paragraph (a) of 
this section.
    (2) For petroleum-fueled diesel, methanol-fueled diesel, and 
gaseous-fueled vehicles. The preconditioning shall consist of either of 
the following:
    (i) An initial one hour minimum soak and, one, two, or three driving 
cycles of the UDDS, as described in paragraph (c) of this section, each 
followed by a soak of at least one hour with engine off, engine 
compartment cover closed and cooling fan off. The vehicle may be driven 
off the dynamometer following each UDDS for the soak period; or
    (ii) For abnormally treated vehicles, as defined in Sec. 86.085-2 
or Sec. 86.1803-01 as applicable, two Highway Fuel Economy Driving 
Schedules, found in 40 CFR part 600, appendix I, run in immediate 
succession, with the road load power set at twice the value obtained 
from Sec. 86.129-80.
    (f)(1) Gasoline- and methanol-fueled vehicles. After completion of 
the preconditioning drive, the vehicle shall be driven off the 
dynamometer. The vehicle's fuel tank(s) shall be drained and then filled 
with test fuel, as specified in Sec. 86.113, to the ``tank fuel 
volume'' defined in Sec. 86.082-2. The vehicle shall be refueled within 
1 hour after completion of the preconditioning drive. The fuel cap(s) 
shall be installed within 1 minute after refueling. The vehicle shall be 
parked within five minutes after refueling.
    (2) Petroleum-fueled diesel vehicles. Within five minutes after 
completion

[[Page 614]]

after the preconditioning drive, the vehicle shall be driven off the 
dynamometer and parked.
    (3) Gaseous-fueled vehicles. After completion of the preconditioning 
drive, the vehicle shall be driven off the dynamometer. Vehicle fuel 
tanks shall be refilled with fuel that meets the specifications in Sec. 
86.113. Fuel tanks shall be filled to a minimum of 75% of service 
pressure for natural gas-fueled vehicles or a minimum of 75% of 
available fill volume for liquefied petroleum gas-fueled vehicles. Prior 
draining of the fuel tanks is not called for if the fuel in the tanks 
already meets the specifications in Sec. 86.113. The vehicle shall be 
parked within five minutes after refueling, or, in the absence of 
refueling, within five minutes after completion of the preconditioning 
drive.
    (g) The vehicle shall be soaked for not less than 12 hours nor more 
than 36 hours between the end of the refueling event and the beginning 
of the cold start exhaust emission test.
    (h) During the soak period for the three-diurnal test sequence 
described in Sec. 86.130-96, evaporative canisters, if the vehicle is 
so equipped, shall be preconditioned according to the following 
procedure. For vehicles with multiple canisters in a series 
configuration, the set of canisters must be preconditioned as a unit. 
For vehicles with multiple canisters in a parallel configuration, each 
canister must be preconditioned separately. If production evaporative 
canisters are equipped with a functional service port designed for vapor 
load or purge steps, the service port shall be used during testing to 
precondition the canister. In addition, for model year 1998 and later 
vehicles equipped with refueling canisters, these canisters shall be 
preconditioned for the three-diurnal test sequence according to the 
procedure in paragraph (j)(1) of this section. If a vehicle is designed 
to actively control evaporative or refueling emissions without a 
canister, the manufacturer shall devise an appropriate preconditioning 
procedure, subject to the approval of the Administrator.
    (1)(i) Prepare the evaporative emission canister for the canister 
purging and loading operation. The canister shall not be removed from 
the vehicle, unless access to the canister in its normal location is so 
restricted that purging and loading can only reasonably be accomplished 
by removing the canister from the vehicle. Special care shall be taken 
during this step to avoid damage to the components and the integrity of 
the fuel system. A replacement canister may be temporarily installed 
during the soak period while the canister from the test vehicle is 
preconditioned.
    (ii) The canister purge shall be performed with ambient air of 
humidity controlled to 5025 grains per pound of 
dry air. This may be accomplished by purging the canister in a room that 
is conditioned to this level of absolute humidity. The flow rate of the 
purge air shall be maintained at a nominal flow rate of 0.8 cfm and the 
duration shall be determined to provide a total purge volume flow 
through the canister equivalent to 300 canister bed volume exchanges. 
The bed volume is based on the volume of adsorbing material in the 
canister.
    (iii) The evaporative emission canister shall then be loaded by 
sending to the canister an amount of commercial grade butane vapors 
equivalent to 1.5 times its nominal working capacity. The canister shall 
be loaded with a mixture composed of 50 percent butane and 50 percent 
nitrogen by volume at a rate of 152 grams butane 
per hour. If the canister loading at that rate takes longer than 12 
hours, a manufacturer may determine a new rate, based on completing the 
canister loading in no less than 12 hours. The new rate may be used for 
all subsequent canister loading according to paragraph (h) of this 
section. The time of initiation and completion of the canister loading 
shall be recorded.
    (iv) The determination of a canister's nominal working capacity 
shall be based on the average capacity of no less than five canisters 
that are in a stabilized condition.
    (A) For stabilization, each canister must be loaded no less than 10 
times and no more than 100 times to 2-gram breakthrough with a 50/50 
mixture by volume of butane and nitrogen, at a rate of 15 grams butane 
per hour. Each canister loading step must be preceded by canister 
purging with 300 canister bed volume exchanges at 0.8 cfm.

[[Page 615]]

    (B) For determining working capacity, each canister must first be 
purged with 300 canister bed volume exchanges at 0.8 cfm. The working 
capacity of each canister shall be established by determining the mass 
of butane required to load the canister from the purged state so that it 
emits 2 grams of hydrocarbon vapor; the canister must be loaded with a 
50/50 mixture by volume of butane and nitrogen, at a rate of 15 grams 
butane per hour.
    (2) For methanol-fueled and flexible-fueled vehicles, canister 
preconditioning shall be performed with a fuel vapor composition 
representative of that which the vehicle would generate with the fuel 
mixture used for the current test. Manufacturers shall develop a 
procedure to precondition the evaporative canister, if the vehicle is so 
equipped, for the different fuel. The procedure shall represent a 
canister loading equivalent to that specified in paragraph (h)(1) of 
this section and shall be approved in advance by the Administrator.
    (i) [Reserved]
    (j) For the supplemental two-diurnal test sequence described in 
Sec. 86.130-96, one of the following methods shall be used to 
precondition evaporative canisters during the soak period specified in 
paragraph (g) of this section. For vehicles with multiple canisters in a 
series configuration, the set of canisters must be preconditioned as a 
unit. For vehicles with multiple canisters in a parallel configuration, 
each canister must be preconditioned separately. In addition, for model 
year 1998 and later vehicles equipped with refueling canisters, these 
canisters shall be preconditioned for the supplemental two-diurnal test 
sequence according to the procedure in paragraph (j)(1) of this section. 
Canister emissions are measured to determine breakthrough. Breakthrough 
is here defined as the point at which the cumulative quantity of 
hydrocarbons emitted is equal to 2 grams.
    (1) Butane loading to breakthrough. The following procedure provides 
for emission measurement in an enclosure. Breakthrough may also be 
determined by measuring the weight gain of an auxiliary evaporative 
canister connected downstream of the vehicle's canister, in which case, 
the following references to the enclosure can be ignored. The auxiliary 
canister shall be well purged prior to loading. If production 
evaporative canisters are equipped with a functional service port 
designed for vapor load or purge steps, the service port shall be used 
during testing to precondition the canister.
    (i) Prepare the evaporative/refueling emission canister for the 
canister loading operation. The canister shall not be removed from the 
vehicle, unless access to the canister in its normal location is so 
restricted that purging and loading can only reasonably be accomplished 
by removing the canister from the vehicle. Special care shall be taken 
during this step to avoid damage to the components and the integrity of 
the fuel system. A replacement canister may be temporarily installed 
during the soak period while the canister from the test vehicle is 
preconditioned.
    (ii) The evaporative emission enclosure shall be purged for several 
minutes. Warning: If at any time the concentration of hydrocarbons, of 
methanol, or of methanol and hydrocarbons exceeds 15,000 ppm C the 
enclosure should be immediately purged. This concentration provides at 
least a 4:1 safety factor against the lean flammability limit.
    (iii) The FID hydrocarbon analyzer shall be zeroed and spanned 
immediately prior to the canister loading procedure.
    (iv) If not already on, the evaporative enclosure mixing fan shall 
be turned on at this time.
    (v) Place the vehicle in a sealed enclosure and measure emissions 
with a FID.
    (vi)(A) For gasoline-fueled vehicles, load the canister with a 
mixture composed of 50 percent butane and 50 percent nitrogen by volume 
at a rate of 40 grams butane per hour.
    (B) For methanol-fueled and flexible-fueled vehicles, canister 
preconditioning shall be performed with a fuel vapor composition 
representative of that which the vehicle would generate with the fuel 
mixture used for the current test. Manufacturers shall develop a 
procedure to precondition the evaporative canister, if the vehicle is so 
equipped, for the different fuel.

[[Page 616]]

    (vii) As soon as the canister reaches breakthrough, the vapor source 
shall be shut off.
    (viii) Reconnect the evaporative/refueling emission canister and 
restore the vehicle to its normal operating condition.
    (2) Load with repeated diurnal heat builds to breakthrough. The 
following procedure provides for emission measurement in an enclosure. 
Breakthrough may also be determined by measuring the weight gain of an 
auxiliary evaporative canister connected downstream of the vehicle's 
canister, in which case, the following references to the enclosure can 
be ignored. The auxiliary canister shall be well purged with dry air 
prior to loading.
    (i) The evaporative emission enclosure shall be purged for several 
minutes. Warning: If at any time the concentration of hydrocarbons, of 
methanol, or of methanol and hydrocarbons exceeds 15,000 ppm C the 
enclosure should be immediately purged. This concentration provides at 
least a 4:1 safety factor against the lean flammability limit.
    (ii) The FID hydrocarbon analyzer shall be zeroed and spanned 
immediately prior to the diurnal heat builds.
    (iii) If not already on, the evaporative enclosure mixing fan shall 
be turned on at this time.
    (iv) The fuel tank(s) of the prepared vehicle shall be drained and 
filled with test fuel, as specified in Sec. 86.113, to the ``tank fuel 
volume'' defined in Sec. 86.082-2. The average temperature of the 
dispensed fuel shall be 6012 [deg]F (167 [deg]C). The fuel tank cap(s) shall be installed 
within 1 minute after refueling.
    (v) Within one hour of being refueled, the vehicle shall be placed, 
with the engine shut off, in the evaporative emission enclosure. The 
fuel tank temperature sensor shall be connected to the temperature 
recording system. A heat source, specified in Sec. 86.107-90(a)(4), 
shall be properly positioned with respect to the fuel tank(s) and 
connected to the temperature controller.
    (vi) The temperature recording system shall be started.
    (vii) The fuel may be artificially heated to the starting diurnal 
temperature.
    (viii) When the fuel temperature reaches at least 69 [deg]F (21 
[deg]C), immediately: turn off purge blower (if not already off); close 
and seal enclosure doors; and initiate measurement of the hydrocarbon 
level in the enclosure.
    (ix) When the fuel temperature reaches 722 
[deg]F (221 [deg]C), start the diurnal heat build.
    (x) The fuel shall be heated in such a way that its temperature 
change conforms to the following function to within 4 [deg]F (3 [deg]C):

F=To+0.4t; or


for SI units,

C=To+(2/9)t.

Where,

F=fuel temperature, [deg]F;
C=fuel temperature, [deg]C;
t=time since beginning of test, minutes; and
To=initial temperature in [deg]F ( [deg]C for SI units).

    (xi) As soon as breakthrough occurs or when the fuel temperature 
reaches 96 [deg]F (36 [deg]C), whichever occurs first, the heat source 
shall be turned off, the enclosure doors shall be unsealed and opened, 
and the vehicle fuel tank cap(s) shall be removed. If breakthrough has 
not occurred by the time the fuel temperature reaches 96 [deg]F (36 
[deg]C), the heat source shall be removed from the vehicle, the vehicle 
shall be removed (with engine still off) from the evaporative emission 
enclosure and the entire procedure outlined in paragraph (j)(2) of this 
section shall be repeated until breakthrough occurs.
    (xii) After breakthrough occurs, the fuel tank(s) of the prepared 
vehicle shall be drained and filled with test fuel, as specified in 
Sec. 86.113, to the ``tank fuel volume'' defined in Sec. 86.082-2. The 
fuel shall be stabilized to a temperature within 3 [deg]F of the lab 
ambient before beginning the driving cycle for the exhaust emission 
test.
    (k) The Administrator may conduct the vehicle preparation and 
preconditioning for measurement of fuel economy or exhaust emissions 
according to the procedures specified in Sec. Sec. 86.132-90 and 
86.133-90, in lieu of the procedures specified in this section.

[[Page 617]]

    (l) Vehicles to be tested for exhaust emissions only shall be 
processed according to Sec. Sec. 86.135 through 86.137. Vehicles to be 
tested for evaporative emissions shall be processed in accordance with 
the procedures in Sec. Sec. 86.133 through 86.138, starting with Sec. 
86.135.
    (m) Vehicles to be tested for evaporative emissions with the 
supplemental two-diurnal test sequence described in Sec. 86.130-96, 
shall proceed according to Sec. Sec. 86.135 through 86.137, followed by 
the supplemental hot soak test (see Sec. 86.138-96(k)) and the 
supplemental diurnal emission test (see Sec. 86.133-96(p)).
    (n) With prior approval of the Administrator, manufacturers may use 
an alternative canister loading method in lieu of the applicable 
canister loading method described in the provisions of paragraphs (h), 
(j)(1) and (j)(2) of this section, provided the alternative method is 
shown to be equivalent or result in a more fully loaded canister (a 
canister that has adsorbed an equal or greater amount of hydrocarbon 
vapors) than the applicable canister loading method required by the 
provisions of paragraphs (h), (j)(1) and (j)(2) of this section. 
Additionally, the Administrator may conduct confirmatory certification 
testing and in-use testing using the alternative canister loading method 
used by the manufacturer to test applicable certification and/or in-use 
vehicles or the appropriate method outlined in the provisions of 
paragraphs (h), (j)(1) and (j)(2) of this section.

[58 FR 16037, Mar. 24, 1993, as amended at 59 FR 16296, Apr. 6, 1994; 59 
FR 48509, Sept. 21, 1994; 60 FR 43895, Aug. 23, 1995; 64 FR 23922, May 
4, 1999; 70 FR 72927, Dec. 8, 2005]



Sec. 86.133-96  Diurnal emission test.

    (a)(1) The diurnal emission test for gasoline-, methanol- and 
gaseous-fueled vehicles consists of three 24-hour test cycles following 
the hot soak test. Emissions are measured for each 24-hour cycle, with 
the highest emission level used to determine compliance with the 
standards specified in subpart A of this part. The Administrator may 
truncate a test after any 24-hour cycle without affecting the validity 
of the collected data. Sampling of emissions from the running loss and 
hot soak tests is not required as preparation for the diurnal emission 
test. The diurnal emission test may be conducted as part of either the 
three- diurnal test sequence or the supplemental two-diurnal test 
sequence, as described in Sec. 86.130-96.
    (2) For the full three-diurnal test sequence, the diurnal emission 
test outlined in paragraphs (b) through (o) of this section follows the 
high-temperature hot soak test concluded in Sec. 86.138-96(j).
    (3) For the supplemental two-diurnal test sequence, the diurnal 
emission test outlined in paragraph (p) of this section follows the 
alternate hot soak test specified in Sec. 86.138-96(k). This test is 
not required for gaseous-fueled vehicles.
    (b) The test vehicle shall be soaked for not less than 6 hours nor 
more than 36 hours between the end of the hot soak test and the start of 
the diurnal emission test. For at least the last 6 hours of this period, 
the vehicle shall be soaked at 72[deg]3 [deg]F. 
The temperature tolerance may be waived for up to 10 minutes to allow 
purging of the enclosure or transporting the vehicle into the enclosure 
at the beginning of the diurnal emission test.
    (c) The test vehicle shall be exposed to ambient temperatures cycled 
according to the profile specified in Sec. 86.133 and appendix II of 
this part.
    (1) Temperatures measured with the underbody temperature sensor 
shall follow the profile with a maximum deviation of 3 [deg]F at any 
time and an average temperature deviation not to exceed 2 [deg]F, where 
the average deviation is calculated using the absolute value of each 
measured deviation. In addition, the temperature from the sidewall 
temperature sensors shall follow the profile with a maximum deviation of 
5 [deg]F at any time.
    (2) Ambient temperatures shall be measured at least every minute. 
Temperature cycling shall begin when time=0 minutes, as specified in 
paragraph (i)(5) of this section.
    (d) The diurnal enclosure shall be purged for several minutes prior 
to the test. Warning: If at any time the concentration of hydrocarbons, 
of methanol or of methanol and hydrocarbons exceeds 15,000 ppm C the 
enclosure should be immediately purged. This

[[Page 618]]

concentration provides at least a 4:1 safety factor against the lean 
flammability limit.
    (e) The test vehicle, with the engine shut off and the test vehicle 
windows and luggage compartment(s) opened, shall be moved into the 
diurnal enclosure.
    (f)-(g) [Reserved]
    (h) Prior to sampling for emissions and throughout the period of 
cycled ambient temperatures, the mixing fan(s) shall circulate the air 
at a rate of 0.80.2 cfm per cubic foot of ambient 
volume. The mixing fan(s), plus any additional fans if needed, shall 
also maintain a minimum wind speed of 5 mph (8 km/hr) under the fuel 
tank of the test vehicle. The Administrator may adjust fan speed and 
location to ensure sufficient air circulation around the fuel tank. The 
wind speed requirement may be satisfied by consistently using a fan 
configuration that has been demonstrated to maintain a broad 5-mph air 
flow in the vicinity of the vehicle's fuel tank, subject to verification 
by the Administrator.
    (i) Emission sampling may begin as follows:
    (1) The FID (or HFID) hydrocarbon analyzer shall be zeroed and 
spanned immediately prior to the sampling.
    (2) Impingers charged with known volumes of pure deionized water 
shall be placed in the methanol sampling system (methanol-fueled 
vehicles only).
    (3) Turn off purge blowers (if not already off).
    (4) Close and seal enclosure doors (if not already closed and 
sealed).
    (5) Within 10 minutes of closing and sealing the doors, analyze 
enclosure atmosphere for hydrocarbons and record. This is the initial 
(time=0 minutes) hydrocarbon concentration, CHCi, required in 
Sec. 86.143. Hydrocarbon emissions may be sampled continuously during 
the test period.
    (6) Analyze the enclosure atmosphere for methanol, if applicable, 
and record. The methanol sampling must start simultaneously with the 
initiation of the hydrocarbon analysis and continue for 4.00.5 minutes. This is the initial methanol concentration, 
CCH3OHi, required in Sec. 86.143. Record the time 
elapsed during this analysis. If the 4-minute sample period is 
inadequate to collect a sample of sufficient concentration to allow 
accurate GC analysis, rapidly collect the methanol sample in a bag and 
then bubble the bag sample through the impingers at the specified flow 
rate. The time elapsed between collection of the bag sample and flow 
through the impingers should be minimized to prevent any losses. If the 
test is conducted in a fixed-volume enclosure that allows airflow into 
and out of the enclosure, the effect of makeup air dilution must be 
factored into the analysis.
    (j) If testing indicates that a vehicle design may result in fuel 
temperature responses during enclosure testing that are not 
representative of in-use summertime conditions, the Administrator may 
adjust air circulation and temperature during the test as needed to 
ensure that the test sufficiently duplicates the vehicle's in-use 
experience.
    (k) The FID (or HFID) hydrocarbon analyzer shall be zeroed and 
spanned immediately prior to the end of each emission sampling period.
    (l) Fresh impingers shall be installed in the methanol collection 
system immediately prior to the end of each emission measurement, if 
applicable.
    (m) The end of the first, second, and third emission sampling period 
shall occur 14406, 28806, 
43206 minutes, respectively, after the beginning 
of the initial sampling, as specified in paragraph (i)(5) of this 
section.
    (1) At the end of each emission sampling period, analyze the 
enclosure atmosphere for hydrocarbons and record. This is the final 
hydrocarbon concentration, CHCf, required in Sec. 86.143. 
The emission measurement at the end of each period becomes the initial 
hydrocarbon concentration, CHCi, of the next emission 
sampling period.
    (2) Analyze the enclosure atmosphere for methanol, if applicable, 
and record. The methanol sampling must start simultaneously with the 
initiation of the hydrocarbon analysis and continue for 4.00.5 minutes. This is the final (time=1440 minutes) 
methanol concentration, CCH3OHf, required in Sec. 
86.143. Record the time elapsed during this analysis. If the 4-minute 
sample period is inadequate to collect a sample of

[[Page 619]]

sufficient concentration to allow accurate GC analysis, rapidly collect 
the methanol sample in a bag and then bubble the bag sample through the 
impingers at the specified flow rate. The time elapsed between 
collection of the bag sample and flow through the impingers should be 
minimized to prevent any losses. If the test is conducted in a fixed-
volume enclosure that allows airflow into and out of the enclosure, the 
effect of makeup air dilution must be factored into the analysis.
    (n) At the end of the temperature cycling period the enclosure doors 
shall be unsealed and opened, the test vehicle windows and luggage 
compartments may be closed and the test vehicle, with the engine shut 
off, shall be removed from the enclosure.
    (o) This completes the full three-diurnal evaporative emission test 
sequence described in Sec. 86.130-96.
    (p) For the supplemental two-diurnal test sequence described in 
Sec. 86.130-96, the following steps shall be performed in lieu of the 
steps described in paragraphs (b) through (n) of this section.
    (1) For the supplemental two-diurnal test sequence, the test vehicle 
shall be soaked for not less than 6 hours nor more than 36 hours between 
the end of the hot soak test described in Sec. 86.138-96(k), and the 
start of the two-diurnal emission test. For at least the last 6 hours of 
this period, the vehicle shall be soaked at 723 
[deg]F.
    (2) The vehicle shall be tested for diurnal emissions according to 
the procedures specified in paragraphs (c) through (n) of this section, 
except that the test includes only two 24-hour periods. Therefore the 
end of the first and second emission sampling periods shall occur 
14406 and 28806 minutes, 
respectively, after the initial sampling.
    (3) This completes the supplemental two-diurnal test sequence for 
evaporative emission measurement.

[58 FR 16039, Mar. 24, 1993, as amended at 59 FR 48509, Sept. 21, 1994; 
60 FR 43896, Aug. 23, 1995]



Sec. 86.134-96  Running loss test.

    (a) Overview. Gasoline- and methanol-fueled vehicles are to be 
tested for running loss emissions during simulated high-temperature 
urban driving; this test is not required for gaseous-fueled vehicles. 
During operation, tank temperatures are controlled according to a 
prescribed profile to simulate in-use conditions. If the vehicle is 
determined to have exceeded the standard before the end of the running 
loss test, the test may be terminated without invalidating the data. The 
test can be run either in a sealed enclosure or with the point-source 
method, as specified in paragraph (g) of this section. Measurement of 
vapor temperature is optional during the running loss test; however, if 
testing by the Administrator shows that a vehicle has exceeded an 
emission standard without measurement of vapor temperatures, the 
manufacturer may, utilizing its own resources, conduct subsequent 
testing on that vehicle to determine if the exceedance is attributable 
to inadequate control of vapor temperatures.
    (b) Driving schedule. Conduct the running loss test by operating the 
test vehicle through one Urban Dynamometer Driving Schedule (UDDS), a 2-
minute idle, two New York City Cycles, another 2-minute idle, another 
UDDS, then another 2-minute idle (see Sec. 86.115 and appendix I of 
this part). Fifteen seconds after the engine starts, place the 
transmission in gear. Twenty seconds after the engine starts, begin the 
initial vehicle acceleration of the driving schedule. The transmission 
shall be operated according to the specifications of Sec. 86.128 during 
the driving cycles.
    (c) Dynamometer operation. (1) The exhaust from the vehicle must be 
routed outside the test cell or enclosure. Exhaust gases may, but need 
not, be collected and sampled.
    (2) Provisions of Sec. 86.135-90(c) shall apply.
    (3) Practice runs over the prescribed driving schedule may not be 
performed at test point.
    (4) Provisions of Sec. 86.135-90 (e) and (f) shall apply.
    (5) If the dynamometer horsepower must be adjusted manually, it 
shall be set within 1 hour prior to the running loss test phase. The 
test vehicle shall not be used to make this adjustment. Dynamometers 
using automatic control of preselectable power settings may be set any 
time prior to the beginning of the emissions test.

[[Page 620]]

    (6) Dynamometer roll or shaft revolutions shall be used to determine 
the actual driving distance for the running loss test, DRL, 
required in Sec. 86.143. The revolutions shall be measured on the same 
roll or shaft used for measuring the vehicle's speed.
    (7) Provisions of Sec. 86.135-90(i) shall apply.
    (8) The test run may be stopped if a warning light or gauge 
indicates that the vehicle's engine coolant has overheated.
    (d) Engine starting and restarting. (1) Provisions of Sec. 86.136-
90(a) shall apply.
    (2) If the vehicle does not start after the manufacturer's 
recommended cranking time (or 10 continuous seconds in the absence of a 
manufacturer's recommendation), cranking shall cease for the period 
recommended by the manufacturer (or 10 seconds in the absence of a 
manufacturer's recommendation). This may be repeated for up to three 
start attempts. If the vehicle does not start after three attempts, the 
reason for failure to start shall be determined. If failure to start is 
an operational error, the vehicle shall be rescheduled for testing, 
starting with the soak period immediately preceding the running loss 
test.
    (3) If failure to start is caused by a vehicle malfunction, 
corrective action of less than 30 minutes duration may be taken 
(according to Sec. 86.090-25), and the test continued, provided that 
the ambient conditions to which the vehicle is exposed are maintained at 
955 [deg]F (353 [deg]C). 
When the engine starts, the timing sequence of the driving schedule 
shall begin. If failure to start is caused by vehicle malfunction and 
the vehicle cannot be started, the test shall be voided, the vehicle 
removed from the dynamometer, and corrective action may be taken 
according to Sec. 86.090-25. The reason for the malfunction (if 
determined) and the corrective action taken shall be reported to the 
Administrator.
    (4) Provisions of Sec. 86.136-90(e) shall apply.
    (e) Pressure checks. No pressure checks of the evaporative system 
shall be allowed. Under no circumstances will any changes/repairs to the 
evaporative emissions control system be allowed.
    (f) Temperature stabilization. Immediately after the hot transient 
exhaust emission test, the vehicle shall be soaked in a temperature 
controlled area for a maximum of 6 hours until the fuel temperature is 
stabilized. The fuel may be heated or cooled to stabilize fuel 
temperatures, but the fuel heating rate must not exceed 5 [deg]F in any 
1-hour interval during the soak period. A manufacturer may use a faster 
heating rate or a longer period for stabilizing fuel temperatures if the 
needed heating cannot be easily accomplished in the 6-hour period, 
subject to Administrator approval.
    (1) Fuel temperatures must be held at 95 3 
[deg]F for at least one hour before the start of the running loss test.
    (2) If a vehicle's fuel temperature profile has an initial 
temperature lower than 95 [deg]F, as described in Sec. 86.129-
94(d)(7)(v), the fuel in the test vehicle must be stabilized to within 3 
[deg]F of that temperature for at least one hour before the start of the 
running loss test.
    (g) Running loss test. The running loss test may be conducted either 
by the enclosure method, or by the point-source method.
    (1) Enclosure method. (i) The running loss enclosure shall be purged 
for several minutes immediately prior to the test. Warning: If at any 
time the concentration of hydrocarbons, of methanol, or of methanol and 
hydrocarbons exceeds 15,000 ppm C the enclosure should be immediately 
purged. This concentration provides at least a 4:1 safety factor against 
the lean flammability limit.
    (ii) The FID hydrocarbon analyzer shall be zeroed and spanned 
immediately prior to the test.
    (iii) If not already on, the running loss enclosure mixing fan(s) 
shall be turned on at this time. Throughout the test, the mixing fan(s) 
shall circulate the air at a rate of at least 1.0 cfm per cubic foot of 
ambient volume.
    (iv) The test vehicle, with the engine off, shall be moved onto the 
dynamometer in the running loss enclosure. The vehicle engine 
compartment cover shall be unlatched, but closed as much as possible, 
allowing for the air intake equipment specified in paragraph (g)(1)(vii) 
of this section. The vehicle

[[Page 621]]

engine compartment cover may be closed if alternate routing is found for 
the air intake equipment. Any windows, doors, and luggage compartments 
shall be closed. A window may be opened to direct cooling air into the 
passenger compartment of the vehicle, if the vehicle is not equipped 
with its own air conditioning.
    (v) Fans shall be positioned as described in Sec. Sec. 86.107-96 
(d) and (h).
    (vi) The vehicle air conditioning system (if so equipped) shall be 
set to the ``normal'' air conditioning mode and adjusted to the minimum 
discharge air temperature and high fan speed. Vehicles equipped with 
automatic temperature controlled air conditioning systems shall be set 
to operate in ``automatic'' temperature and fan modes with the system 
set at 72 [deg]F.
    (vii) Connect the air intake equipment to the vehicle, if 
applicable. This connection shall be made to minimize leakage.
    (viii) The temperature and pressure recording systems shall be 
started. Measurement of vapor temperature is optional during the running 
loss test. If vapor temperature is not measured, fuel tank pressure need 
not be measured.
    (ix) Turn off purge blowers (if not already off).
    (x) The temperature of the liquid fuel shall be monitored and 
recorded at least every 15 seconds with the temperature recording system 
specified in Sec. 86.107-96(e).
    (xi) Close and seal the enclosure doors.
    (xii) When the ambient temperature is 955 
[deg]F (353 [deg]C) and the fuel has been 
stabilized according to paragraph (f) of this section, the running loss 
test may begin. Measure the initial ambient temperature and pressure.
    (A) Analyze enclosure atmosphere for hydrocarbons and record. This 
is the initial (time=0 minutes) hydrocarbon concentration, 
CHCi, required in Sec. 86.143. Hydrocarbon emissions may be 
sampled continuously during the test period.
    (B) Analyze the enclosure atmosphere for methanol, if applicable, 
and record. The methanol sampling must start simultaneously with the 
initiation of the hydrocarbon analysis and continue for 4.00.5 minutes. This is the initial (time=0 minutes) 
methanol concentration, CCH3OHi, required in Sec. 
86.143. Record the time elapsed during this analysis. If the 4-minute 
sample period is inadequate to collect a sample of sufficient 
concentration to allow accurate GC analysis, rapidly collect the 
methanol sample in a bag and then bubble the bag sample through the 
impingers at the specified flow rate. The time elapsed between 
collection of the bag sample and flow through the impingers should be 
minimized to prevent any losses.
    (xiii) Start the engine and begin operation of the vehicle over the 
drive cycle specified in paragraph (b) of this section.
    (xiv) The ambient temperature shall be maintained at 955 [deg]F (952 [deg]F on average) 
during the running loss test, measured at the inlet to the cooling fan 
in front of the vehicle; it shall be recorded at least every 60 seconds.
    (xv) The fuel temperature during the dynamometer drive shall be 
controlled to match the fuel tank temperature profile determined in 
Sec. 86.129. Measured fuel temperatures must be within 3 [deg]F of the target profile throughout the test run. 
Vapor temperatures, if measured, must be within 5 
[deg]F of the target profile during the first 4186 seconds of the 
running loss test, and within 3 [deg]F for the 
remaining 120 seconds of the test run. For any vehicle complying with 
the test standards, vapor temperatures may be higher than the specified 
tolerances without invalidating test results. For testing by the 
Administrator, vapor temperatures may be lower than the specified 
tolerances without invalidating test results. If the test vehicle has 
more than one fuel tank, the temperatures for both fuel tanks shall 
follow the target profiles determined in Sec. 86.129. The control 
system shall be tuned and operated to provide smooth and continuous tank 
temperature profiles that are representative of the on-road profiles.
    (xvi) Tank pressure shall not exceed 10 inches of water at any time 
during the running loss test unless a pressurized system is used and the 
manufacturer demonstrates that vapor would not be vented to the 
atmosphere upon fuel cap removal. A vehicle may exceed

[[Page 622]]

the pressure limit for temporary periods during the running loss test, 
up to 10 percent of the total driving time, provided that the vehicle 
has demonstrated conformance with the pressure limit during the entire 
outdoor driving period specified in Sec. 86.129. Measurement of fuel 
tank pressures will be considered valid only if vapor temperatures are 
measured and controlled to the tolerances specified in paragraph 
(g)(1)(xv) of this section.
    (xvii) The FID (or HFID) hydrocarbon analyzer shall be zeroed and 
spanned immediately prior the end of the test.
    (xviii) Fresh impingers shall be installed in the methanol 
collection system immediately prior to the end of the test, if 
applicable.
    (xix) The running loss test ends with the completion of the third 2-
minute idle period.
    (xx) At the end of the running loss test:
    (A) Analyze the enclosure atmosphere for hydrocarbons and record. 
This is the final hydrocarbon concentration, CHCf, required 
in Sec. 86.143.
    (B) Analyze the enclosure atmosphere for methanol, if applicable, 
and record. The methanol sampling must start prior to the end of the 
test and continue for 4.00.5 minutes. The methanol 
sampling must be completed within 2 minutes after the end of the running 
loss test. This is the final methanol concentration, 
CCH3OHf, required in Sec. 86.143. Record the time 
elapsed during this analysis. If the 4-minute sample period is 
inadequate to collect a sample of sufficient concentration to allow 
accurate GC analysis, rapidly collect the methanol sample in a bag and 
then bubble the bag sample through the impingers at the specified flow 
rate. The time elapsed between collection of the bag sample and flow 
through the impingers should be minimized to prevent any losses.
    (C) Turn off all the fans specified in Sec. 86.107-96(d). Also, the 
time that the vehicle's engine compartment cover is open for removal of 
air intake equipment, if applicable, shall be minimized to avoid loss of 
heat from the engine compartment.
    (xxi) Turn off any CVS apparatus (if not already turned off).
    (2) Point-source method. (i) The test vehicle, with the engine off, 
shall be moved onto the dynamometer. The vehicle engine compartment 
cover and any windows, doors, and luggage compartments shall be closed.
    (ii) Fans shall be positioned as described in Sec. Sec. 86.135-
90(b) and 86.107-96(d).
    (iii) The running loss vapor vent collection system shall be 
properly positioned at the potential fuel vapor vents or leaks of the 
vehicle's fuel system. Typical vapor vents for current fuel systems are 
the ports of the evaporative emission canister and the pressure relief 
vent of the fuel tank (typically integrated into the fuel tank cap).
    (iv) The running loss vapor vent collection system may be connected 
to a PDP-CVS or CFV-CVS bag collection system. Otherwise, running loss 
vapors shall be sampled continuously with analyzers meeting the 
requirements of Sec. 86.107-96(b).
    (v) Fans shall be positioned as described in Sec. 86.107-96(d).
    (vi) The vehicle air conditioning system (if so equipped) shall be 
set to the ``normal'' air conditioning mode and adjusted to the minimum 
discharge air temperature and high fan speed. Vehicles equipped with 
automatic temperature controlled air conditioning systems shall be set 
to operate in ``automatic'' temperature and fan modes with the system 
set at 72 [deg]F.
    (vii) The temperature and pressure recording systems shall be 
started. Measurement of vapor temperature is optional during the running 
loss test. If vapor temperature is not measured, fuel tank pressure need 
not be measured.
    (viii) The temperature of the liquid fuel shall be monitored and 
recorded at least every 15 seconds with the temperature recording system 
specified in Sec. 86.107-96(e).
    (ix) When the ambient temperature is 955 
[deg]F (353 [deg]C) and the fuel tank temperature 
is 953 [deg]F the running loss test may begin.
    (x) The ambient temperature shall be maintained at 955 [deg]F (952 [deg]F on average) 
during the running loss test, measured at the inlet to the cooling fan 
in front of the vehicle; it shall be recorded at least every 60 seconds.

[[Page 623]]

    (xi) Fuel temperatures shall be controlled according to the 
specifications of paragraph (g)(1)(xv) of this section.
    (xii) The tank pressure requirements described in paragraph 
(g)(1)(xvi) of this section apply also to running loss testing by the 
point source method.
    (xiii) The running loss test ends with completion of the third 2-
minute idle period.
    (xiv) If emissions are collected in bags, the sample bags must be 
analyzed within 20 minutes of their respective sample collection phases, 
as described in Sec. 86.137-94(b)(15). The results of the analysis are 
used in Sec. 86.143 to calculate the mass of hydrocarbons emitted.
    (xv) At the end of the running loss test, turn off all the fans 
specified in Sec. 86.107-96(d).
    (3) With prior approval of the Administrator, manufacturers may use 
an alternative running loss test procedure, provided the alternative 
test procedure is shown to yield equivalent or superior emission results 
(in terms of quality control, accuracy and repeatability) for the 
running loss, hot soak and diurnal portions of the three diurnal-plus-
hot-soak test sequence. Additionally, the Administrator may conduct 
certification and in-use testing using the test procedures outlined in 
paragraph (g)(1) of this section, paragraph (g)(2) of this section or 
the alternative running loss test procedure as approved for a specific 
vehicle.
    (h) Following the completion of the running loss drive, the vehicle 
may be tested for hot soak emissions as specified in Sec. 86.138-96.

[58 FR 16040, Mar. 24, 1993, as amended at 59 FR 48510, Sept. 21, 1994; 
60 FR 43896, Aug. 23, 1995; 70 FR 72927, Dec. 8, 2005]



Sec. 86.135-00  Dynamometer procedure.

    Section 86.135-00 includes text that specifies requirements that 
differ from Sec. 86.135-90 and Sec. 86.135-94. Where a paragraph in 
Sec. 86.135-90 or Sec. 86.135-94 is identical and applicable to Sec. 
86.135-00, this may be indicated by specifying the corresponding 
paragraph and the statement ``[Reserved]. For guidance see Sec. 86.135-
90.'' or ``[Reserved]. For guidance see Sec. 86.135-94.''
    (a) [Reserved]. For guidance see Sec. 86.135-94.
    (b)-(c) [Reserved]. For guidance see Sec. 86.135-90.
    (d) Practice runs over the prescribed driving schedule may be 
performed at test point, provided an emission sample is not taken, for 
the purpose of finding the appropriate throttle action to maintain the 
proper speed-time relationship, or to permit sampling system adjustment. 
Both smoothing of speed variations and excessive accelerator pedal 
perturbations are to be avoided. When using two-roll dynamometers a 
truer speed-time trace may be obtained by minimizing the rocking of the 
vehicle in the rolls; the rocking of the vehicle changes the tire 
rolling radius on each roll. This rocking may be minimized by 
restraining the vehicle horizontally (or nearly so) by using a cable and 
winch.
    (e)-(i) [Reserved]. For guidance see Sec. 86.135-90.

[61 FR 54894, Oct. 22, 1996]



Sec. 86.135-90  Dynamometer procedure.

    (a) Overview--(1) Gasoline-fueled and methanol-fueled Otto-cycle 
vehicles. The dynamometer run consists of two tests, a ``cold'' start 
test after a minimum 12-hour and a maximum 36-hour soak according to the 
provisions of Sec. Sec. 86.132 and 86.133, and a ``hot'' start test 
following the ``cold'' start test by 10 minutes. Engine startup (with 
all accessories turned off), operation over the UDDS and engine shutdown 
make a complete cold start test. Engine startup and operation over the 
first 505 seconds of the driving schedule complete the hot start test. 
The exhaust emissions are diluted with ambient air and a continuously 
proportional sample is collected for analysis during each phase. The 
composite samples collected in bags are analyzed for hydrocarbon, carbon 
monoxide, carbon dioxide, and oxides of nitrogen. A parallel sample of 
the dilution air is similarly analyzed for hydrocarbon, carbon monoxide, 
carbon dioxide, and oxides of nitrogen. Methanol and formaldehyde 
samples (exhaust and dilution air) are collected and analyzed for 
methanol-fueled vehicles (a single dilution air formaldehyde sample 
covering the total time of the test may be collected in place of three 
individual samples). Methanol and formaldehyde samples may be omitted

[[Page 624]]

for 1990 through 1994 model years when a FID calibrated on methanol is 
used.
    (2) Petroleum-fueled and methanol-fueled diesel vehicles. The 
dynamometer run consists of two tests, a ``cold'' start test after a 
minimum 12-hour and a maximum 36-hour soak according to the provisions 
of Sec. Sec. 86.132 and 86.133, and a ``hot'' start test following the 
``cold'' start by 10 minutes. Engine startup (with all accessories 
turned off), operation over the UDDS, and engine shutdown make a 
complete cold start test. Engine startup and operation over the first 
505 seconds of the driving schedule complete the hot start test. The 
exhaust emissions are diluted with ambient air in the dilution tunnel as 
shown in Figure B90-5 and Figure B90-6. Six particulate samples are 
collected on filters for weighing; the first sample plus back-up is 
collected during the first 505 seconds of the cold start test; the 
second sample plus back-up is collected during the remainder of the cold 
start test (including shutdown); the third sample plus back-up is 
collected during the hot start test. Continuous proportional samples of 
gaseous emissions are collected for analysis during each test phase. For 
petroleum-fueled vehicles, the composite samples collected in bags are 
analyzed for carbon monoxide, carbon dioxide, and oxides of nitrogen. 
Hydrocarbons from petroleum-fueled vehicles are sampled and analyzed 
continuously according to the provisions of Sec. 86.110. Parallel 
samples of the dilution air are similarly analyzed for hydrocarbon, 
carbon monoxide, carbon dioxide, and oxides of nitrogen. For methanol-
fueled vehicles, bag samples are collected and analyzed for 
hydrocarbons, carbon monoxide, carbon dioxide, and oxides of nitrogen. 
Methanol and formaldehyde samples are taken for both exhaust emissions 
and dilution air (a single dilution air formaldehyde sample, covering 
the total test period may be collected). Methanol and formaldehyde 
samples may be omitted for 1990 through 1994 model years when an FID 
calibrated on methanol is used. Parallel bag samples of dilution air are 
analyzed for hydrocarbons, carbon monoxide, carbon dioxide, and oxides 
of nitrogen.
    (b) During dynamometer operation, a fixed speed cooling fan shall be 
positioned so as to direct cooling air to the vehicle in an appropriate 
manner with the engine compartment cover open. In the case of vehicles 
with front engine compartments, the fan shall be squarely positioned 
within 12 inches (30.5 centimeters) of the vehicle. In the case of 
vehicles with rear engine compartments (or if special designs make the 
above impractical), the cooling fan shall be placed in a position to 
provide sufficient air to maintain vehicle cooling. The fan capacity 
shall normally not exceed 5300 cfm (2.50 m\3\/s). If, however, the 
manufacturer can show that during field operation the vehicle receives 
additional cooling, and that such additional cooling is needed to 
provide a representative test, the fan capacity may be increased or 
additional fans used if approved in advance by the Administrator.
    (c) The vehicle speed as measured from the dynamometer rolls shall 
be used. A speed vs. time recording, as evidence of dynamometer test 
validity, shall be supplied on request of the Administrator.
    (d) Practice runs over the prescribed driving schedule may be 
performed at test point, provided an emission sample is not taken, for 
the purpose of finding the minimum throttle action to maintain the 
proper speed-time relationship, or to permit sampling system adjustment.
    Note: When using two-roll dynamometers a truer speed-time trace may 
be obtained by minimizing the rocking of the vehicle in the rolls; the 
rocking of the vehicle changes the tire rolling radius on each roll. 
This rocking may be minimized by restraining the vehicle horizontally 
(or nearly so) by using a cable and winch.
    (e) The drive wheel tires may be inflated up to a gauge pressure of 
45 psi (310 kPa) in order to prevent tire damage. The drive wheel tire 
pressure shall be reported with the test results.
    (f) lf the dynamometer has not been operated during the 2-hour 
period immediately preceding the test, it shall be warmed up for 15 
minutes by operating at 30 mph (48 kph) using a non-test vehicle or as 
recommended by the dynamometer manufacturer.
    (g) If the dynamometer horsepower must be adjusted manually, it 
shall be set within 1 hour prior to the exhaust emissions test phase. 
The test vehicle

[[Page 625]]

shall not be used to make this adjustment. Dynamometers using automatic 
control of preselectable power settings may be set anytime prior to the 
beginning of the emissions test.
    (h) The driving distance, as measured by counting the number of 
dynamometer roll or shaft revolutions, shall be determined for the 
transient cold start, stabilized cold start, and transient hot start 
phases of the test. The revolutions shall be measured on the same roll 
or shaft used for measuring the vehicle's speed.
    (i) Four-wheel drive and all-wheel drive vehicles may be tested 
either in a four-wheel drive or a two-wheel drive mode of operation. In 
order to test in the two-wheel drive mode, four-wheel drive and all-
wheel drive vehicles may have one set of drive wheels disengaged; four-
wheel and all-wheel drive vehicles which can be shifted to a two-wheel 
mode by the driver may be tested in a two-wheel drive mode of operation.

[54 FR 14529, Apr. 11, 1989, as amended at 70 FR 72927, Dec. 8, 2005]



Sec. 86.135-94  Dynamometer procedure.

    Section 86.135-94 includes text that specifies requirements that 
differ from Sec. 86.135-90. Where a paragraph in Sec. 86.135-90 is 
identical and applicable to Sec. 86.135-94, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.135-90.'' Where a corresponding paragraph of 
Sec. 86.135-90 is not applicable, this is indicated by the statement 
``[Reserved].''
    (a) Overview. The dynamometer run consists of two tests, a ``cold'' 
start test, after a minimum 12-hour and a maximum 36-hour soak according 
to the provisions of Sec. Sec. 86.132 and 86.133, and a ``hot'' start 
test following the ``cold'' start by 10 minutes. Engine startup (with 
all accessories turned off), operation over the UDDS and engine shutdown 
make a complete cold start test. Engine startup and operation over the 
first 505 seconds of the driving schedule complete the hot start test. 
The exhaust emissions are diluted with ambient air in the dilution 
tunnel as shown in Figure B94-5 and Figure B94-6. A dilution tunnel is 
not required for testing vehicles waived from the requirement to measure 
particulates. Six particulate samples are collected on filters for 
weighing; the first sample plus backup is collected during the first 505 
seconds of the cold start test; the second sample plus backup is 
collected during the remainder of the cold start test (including 
shutdown); the third sample plus backup is collected during the hot 
start test. Continuous proportional samples of gaseous emissions are 
collected for analysis during each test phase. For gasoline-fueled, 
natural gas-fueled and liquefied petroleum gas-fueled Otto-cycle 
vehicles, the composite samples collected in bags are analyzed for THC, 
CO, CO2, CH4 and NOX. For petroleum-
fueled diesel-cycle vehicles (optional for natural gas-fueled, liquefied 
petroleum gas-fueled and methanol-fueled diesel-cycle vehicles), THC is 
sampled and analyzed continuously according to the provisions of Sec. 
86.110. Parallel samples of the dilution air are similarly analyzed for 
THC, CO, CO2, CH4 and NOX. For natural 
gas-fueled, liquefied petroleum gas-fueled and methanol-fueled vehicles, 
bag samples are collected and analyzed for THC (if not sampled 
continuously), CO, CO2, CH4 and NOX. 
For methanol-fueled vehicles, methanol and formaldehyde samples are 
taken for both exhaust emissions and dilution air (a single dilution air 
formaldehyde sample, covering the total test period may be collected). 
Parallel bag samples of dilution air are analyzed for THC, CO, 
CO2, CH4 and NOX. Methanol and 
formaldehyde samples may be omitted for 1990 through 1994 model years 
when a FID calibrated on methanol is used.
    (b)-(i) [Reserved]. For guidance see Sec. 86.135-90.

[56 FR 25775, June 5, 1991, as amended at 59 FR 48510, Sept. 21, 1994]



Sec. 86.136-90  Engine starting and restarting.

    (a) Otto-cycle vehicles. Paragraph (a) of this section applies to 
Otto-cycle vehicles.
    (1) The engine shall be started according to the manufacturer's 
recommended starting procedures in the owner's manual. The initial 20-
second idle period shall begin when the engine starts.

[[Page 626]]

    (2) Choke operation: (i) Vehicles equipped with automatic chokes 
shall be operated according to the manufacturer's operating instructions 
in the owner's manual, including choke setting and ``kick-down'' from 
cold fast idle.
    (ii) Vehicles equipped with manual chokes shall be operated 
according to the manufacturer's operating instructions in the owner's 
manual.
    (3) The transmission shall be placed in gear 15 seconds after the 
engine is started. If necessary, braking may be employed to keep the 
drive wheels from turning.
    (4) The operator may use the choke, accelerator pedal, etc., where 
necessary to keep the engine running.
    (5) If the manufacturer's operating instructions in the owner's 
manual do not specify a warm engine starting procedure, the engine 
(automatic and manual-choke engines) shall be started by depressing the 
accelerator pedal about half way and cranking the engine until it 
starts.
    (b) Diesel vehicles. The engine shall be started according to the 
manufacturers recommended starting procedures in the owners manual. The 
initial 20-second idle period shall begin when the engine starts. The 
transmission shall be placed in gear 15 seconds after the engine is 
started. If necessary, braking may be employed to keep the drive wheels 
from turning.
    (c) If the vehicle does not start after the manufacturer's 
recommended cranking time (or 10 continuous seconds in the absence of a 
manufacturer's recommendation), cranking shall cease for the period 
recommended by the manufacturer (or 10 seconds in the absence of a 
manufacturer's recommendation). This may be repeated for up to three 
start attempts. If the vehicle does not start after three attempts, the 
reason for failure to start shall be determined. The gas flow measuring 
device on the constant volume sampler (usually a revolution counter) or 
CFV (and the hydrocarbon integrator and particulate sampling system when 
testing petroleum-fueled diesel vehicles and the particulate sampling 
system when testing methanol-fueled diesel vehicles, see Sec. 86.137) 
shall be turned off and the sampler selector valves, including the 
methanol sampler, placed in the ``standby'' position during this 
diagnostic period. In addition, either the CVS should be turned off, or 
the exhaust tube disconnected from the tailpipe during the diagnostic 
period. If failure to start is an operational error, the vehicle shall 
be rescheduled for testing from a cold start.
    (d) If the engine ``false starts'' the operator shall repeat the 
recommended starting procedure (such as resetting the choke, etc.).
    (e) Stalling. (1) If the engine stalls during an idle period, the 
engine shall be restarted immediately and the test continued. If the 
engine cannot be started soon enough to allow the vehicle to follow the 
next acceleration as prescribed, the driving schedule indicator shall be 
stopped. When the vehicle restarts, the driving schedule indicator shall 
be reactivated.
    (2) If the engine stalls during some operating mode other than idle, 
the driving schedule indicator shall be stopped, the vehicle shall then 
be restarted and accelerated to the speed required at that point in the 
driving schedule and the test continued. During acceleration to this 
point, shifting shall be performed in accordance with Sec. 86.128.
    (3) If the vehicle will not restart within one minute, the test 
shall be voided, the vehicle removed from the dynamometer, corrective 
action taken, and the vehicle rescheduled for test. The reason for the 
malfunction (if determined) and the corrective action taken shall be 
reported to the Administrator.

[54 FR 14530, Apr. 11, 1989, as amended at 58 FR 16042, Mar. 24, 1993; 
59 FR 48510, Sept. 21, 1994]



Sec. 86.137-90  Dynamometer test run, gaseous and particulate 
emissions.

    (a) General--(1) Gasoline-fueled and methanol-fueled Otto-cycle 
vehicles. The vehicle shall be allowed to stand with the engine turned 
off for a period of not less than 12 hours or more than 36 hours before 
the cold start exhaust emission test. The cold start exhaust test shall 
follow the diurnal breathing loss test by not more than one hour. The 
vehicle shall be stored prior to the

[[Page 627]]

emission test in such a manner that precipitation (e.g., rain or dew) 
does not occur on the vehicle. The complete dynamometer test consists of 
a cold start drive of 7.5 miles (12.1 km) and simulates a hot start 
drive of 7.5 miles (12.1 km). The vehicle is allowed to stand on the 
dynamometer during the 10 minute time period between the cold and hot 
start tests. The cold start test is divided into two periods. The first 
period, representing the cold start ``transient'' phase, terminates at 
the end of the deceleration which is scheduled to occur at 505 seconds 
of the driving schedule. The second period, representing the 
``stabilized'' phase, consists of the remainder of the driving schedule 
including engine shutdown. The hot start test, similarly, consists of 
two periods. The first period, representing the hot start ``transient'' 
phase, terminates at the same point in driving schedule as the first 
period of the cold start test. The second period of the hot start test, 
``stabilized'' phase, is assumed to be identical to the second period of 
the cold start test. Therefore, the hot start test terminates after the 
first period (505 seconds) is run.
    (2) Petroleum-fueled and methanol-fueled diesel vehicles. The 
vehicle shall be allowed to stand with the engine turned off for a 
period of not less than 12 hours or more than 36 hours before the cold 
start exhaust emission test. The vehicle shall be stored prior to the 
emission test in such a manner that precipitation (e.g., rain or dew) 
does not occur on the vehicle. The complete dynamometer test consists of 
a cold start drive of 7.5 miles (12.1 km), and simulates a hot start 
drive of 7.5 miles (l2.1 km). The vehicle is allowed to stand on the 
dynamometer during the 10 minute time period between the cold and hot 
start tests. The cold start test is divided into two periods. The first 
period, representing the cold start ``transient'' phase, terminates at 
the end of the deceleration which is scheduled to occur at 505 seconds 
of the driving schedule. The second period, representing the 
``stabilized'' phase, consists of the remainder of the driving schedule 
including engine shutdown. The hot start test, similarly, consists of 
two periods. The first period, representing the start of the 
``transient'' phase, terminates at the same point in the driving 
schedule as the first period of the cold start test. The second period 
of the hot start test, ``stabilized'' phase, is assumed to be identical 
to the second period of the cold start test. Therefore, the hot start 
test terminates after the first period (505 seconds) is run.
    (b) The following steps shall be taken for each test:
    (1) Place drive wheels of vehicle on dynamometer without starting 
engine.
    (2) Open the vehicle engine compartment cover and position the 
cooling fan.
    (3) For all vehicles, with the sample selector valves in the 
``standby'' position, connect evacuated sample collection bags to the 
dilute exhaust and dilution air sample collection systems.
    (4) For methanol-fueled vehicles, with the sample selector valves in 
the ``standby'' position, insert fresh sample collection impingers into 
the methanol sample collection system, the formaldehyde sample 
collection system and fresh impingers (or capsules for formaldehyde) 
into the dilution air sample collection systems for methanol and 
formaldehyde (may be omitted for 1990 through 1994 model years).
    (5) Start the CVS (if not already on), the sample pumps (except the 
diesel particulate sample pump, if applicable), the temperature 
recorder, the vehicle cooling fan, and the heated hydrocarbon analysis 
recorder (diesels only). (The heat exchanger of the constant volume 
sampler, if used, petroleum-fueled diesel hydrocarbon analyzer 
continuous sample line and filter, methanol-fueled vehicle hydrocarbon, 
methanol and formaldehyde sample lines, if applicable, should be 
preheated to their respective operating temperatures before the test 
begins.)
    (6) Adjust the sample flow rates to the desired flow rate and set 
the gas flow measuring devices to zero.
    (i) For gaseous bag samples (except hydrocarbon samples), the 
minimum flow rate is 0.17 cfm (0.08 1/sec).
    (ii) For hydrocarbon samples, the minimum FID (or HFID in the case 
of diesel- and methanol-fueled Otto-cycle vehicles) flow rate is 0.066 
cfm (0.031 1/sec).

[[Page 628]]

    (iii) For methanol samples, the minimum flow rate is 0.14 cfm (0.067 
1/sec).
    (iv) For formaldehyde samples, the minimum flow rate is 0.036 cfm 
(0.017 l/s) with capsule collector and 0.14 cfm (0.067 l/s) with 
impinger.
    Note: CFV sample flow rate is fixed by the venturi design.
    (7) Attach the exhaust tube to the vehicle tailpipe(s).
    (8) Carefully install a particulate sample filter into each of the 
filter holders for diesel vehicle tests. The filters must be handled 
only with forceps or tongs. Rough or abrasive filter handling will 
result in erroneous weight determination.
    (9) Start the gas flow measuring device, position the sample 
selector valves to direct the sample flow into the ``transient'' exhaust 
sample bag, the ``transient'' methanol exhaust sample, the ``transient'' 
formaldehyde exhaust sample, the ``transient'' dilution air sample bag, 
the ``transient'' methanol dilution air sample and the ``transient'' 
formaldehyde dilution air sample (turn on the petroleum-fueled diesel 
hydrocarbon analyzer system integrator, mark the recorder chart, start 
particulate sample pump No. 1, and record both gas meter or flow 
measurement instrument readings, if applicable), turn the key on, and 
start cranking the engine.
    (10) Fifteen seconds after the engine starts, place the transmission 
in gear.
    (11) Twenty seconds after the engine starts, begin the initial 
vehicle acceleration of the driving schedule.
    (12) Operate the vehicle according to the Urban Dynamometer Driving 
Schedule (Sec. 86.115).

    Note: During diesel vehicle testing, adjust the flow rate through 
the particulate sample probe to maintain a constant value within 5 percent of the set flow rate. Record the average 
temperature and pressure at the gas meter or flow instrument inlet. If 
the set flow rate cannot be maintained because of high particulate 
loading on the filter, the test shall be terminated. The test shall be 
rerun using a lower flow rate, or larger diameter filter, or both.

    (13) At the end of the deceleration which is scheduled to occur at 
505 seconds, simultaneously switch the sample flows from the 
``transient'' bags and samples to the ``stabilized'' bags and samples, 
switch off gas flow measuring device No. 1, switch off the No. 1 
petroleum-fueled diesel hydrocarbon integrator and the No. 1 particulate 
sample pump, mark the petroleum-fueled diesel hydrocarbon recorder 
chart, and close valves isolating particulate filter No. 1, if 
applicable, and start gas flow measuring device No. 2, and start the 
petroleum-fueled diesel hydrocarbon integrator No. 2 and the No. 2 
particulate sample pump and open valves isolating particulate filter No. 
2, if applicable. Before the acceleration which is scheduled to occur at 
510 seconds, record the measured roll or shaft revolutions and reset the 
counter or switch to a second counter. As soon as possible transfer the 
``transient'' exhaust and dilution air samples to the analytical system 
and process the samples according to Sec. 86.140 obtaining a stabilized 
reading of the bag exhaust sample on all analyzers within 20 minutes of 
the end of the sample collection phase of the test. Obtain methanol and 
formaldehyde sample analyses, if applicable, within 24 hours of the end 
of the sample collection phase of the test.
    (14) Turn the engine off 2 seconds after the end of the last 
deceleration (at 1,369 seconds).
    (15) Five seconds after the engine stops running, simultaneously 
turn off gas flow measuring device No. 2 and if applicable, turn off the 
petroleum-fueled diesel hydrocarbon integrator No. 2, mark the 
hydrocarbon recorder chart, turn off the No. 2 particulate sample pump 
and close the valves isolating particulate filter No. 2, and position 
the sample selector valves to the ``standby'' position (and open the 
valves isolating particulate filter No. 1, if applicable). Record the 
measured roll or shaft revolutions (both gas meter or flow measurement 
instrumentation readings), and re-set the counter. As soon as possible, 
transfer the ``stabilized'' exhaust and dilution air samples to the 
analytical system and process the samples according to Sec. 86.140, 
obtaining a stabilized reading of the exhaust bag sample on all 
analyzers within 20 minutes of the end of the sample collection phase of 
the test. Obtain methanol and formaldehyde sample analyses, if 
applicable, within 24 hours of the end of the sample period. If 
applicable, carefully remove both

[[Page 629]]

pairs of particulate sample filters from their respective holders, and 
place each in a separate petri dish, and cover.
    (16) Immediately after the end of the sample period, turn off the 
cooling fan and close the engine compartment cover.
    (17) Turn off the CVS or disconnect the exhaust tube from the 
tailpipe(s) of the vehicle.
    (18) Repeat the steps in paragraphs (b)(2) through (b)(2) of this 
section for the hot start test, except only two evacuated sample bags, 
two methanol sample impingers, two formaldehyde sample impingers, and 
one pair of particulate sample filters, as appropriate, are required. 
The step in paragraph (b)(9) of this section shall begin between 9 and 
11 minutes after the end of the sample period for the cold start test.
    (19) At the end of the deceleration which is scheduled to occur at 
505 seconds, simultaneously turn off gas flow measuring device No. 1 
(and the petroleum-fueled diesel hydrocarbon integrator No. 1, mark the 
petroleum-fueled diesel hydrocarbon recorder chart and turn off the No. 
1 particulate sample pump, if applicable) and position the sample 
selector valve to the ``standby'' position. (Engine shutdown is not part 
of the hot start test sample period.) Record the measured roll or shaft 
revolutions (and the No. 1 gas meter reading or flow measurement 
instrument). (Carefully remove the third pair of particulate sample 
filters from its holder and place in a clean petri dish and cover, if 
applicable.)
    (20) As soon as possible, transfer the hot start ``transient'' 
exhaust and dilution air samples to the analytical system and process 
the samples according to Sec. 86.140, obtaining a stabilized reading of 
the exhaust bag sample on all analyzers within 20 minutes of the end of 
the sample collection phase of the test. Obtain methanol and 
formaldehyde sample analyses, if applicable, within 24 hours of the end 
of the sample period. (If it is not possible to perform analysis on the 
methanol and formaldehyde samples, within 24 hours, the samples should 
be stored in a dark cold (4-10 [deg]C) environment until analysis. The 
samples should be analyzed within fourteen days.)
    (21) As soon as possible, and in no case longer than one hour after 
the end of the hot start phase of the test, transfer the six particulate 
filters to the weighing chamber for post-test conditioning, if 
applicable.
    (22) Disconnect the exhaust tube from the vehicle tailpipe(s) and 
drive the vehicle from dynamometer.
    (23) The CVS or CFV may be turned off, if desired.
    (24) Vehicles to be tested for evaporative emissions will proceed 
according to Sec. 86.138. For all others this completes the test 
sequence.

[54 FR 14530, Apr. 11, 1989, as amended at 60 FR 34347, June 30, 1995]



Sec. 86.137-94  Dynamometer test run, gaseous and particulate 
emissions.

    Section 86.137-94 includes text that specifies requirements that 
differ from Sec. 86.137-90. Where a paragraph in Sec. 86.137-90 is 
identical and applicable to Sec. 86.137-94, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.137-90.'' Where a corresponding paragraph of 
Sec. 86.137-90 is not applicable, this is indicated by the statement 
``[Reserved].''
    (a) General. The dynamometer run consists of two tests, a cold start 
test, after a minimum 12-hour and a maximum 36-hour soak according to 
the provisions of Sec. 86.132, and a hot start test following the cold 
start test by 10 minutes. The vehicle shall be stored prior to the 
emission test in such a manner that precipitation (e.g., rain or dew) 
does not occur on the vehicle. The complete dynamometer test consists of 
a cold start drive of 7.5 miles (12.1 km) and simulates a hot start 
drive of 7.5 miles (12.1 km). The vehicle is allowed to stand on the 
dynamometer during the 10 minute time period between the cold and hot 
start tests. The cold start test is divided into two periods. The first 
period, representing the cold start ``transient'' phase, terminates at 
the end of the deceleration which is scheduled to occur at 505 seconds 
of the driving schedule. The second period, representing the 
``stabilized'' phase, consists of the remainder of the driving schedule 
including engine shutdown. The hot start test, similarly, consists

[[Page 630]]

of two periods. The first period, representing the hot start 
``transient'' phase, terminates at the same point in driving schedule as 
the first period of the cold start test. The second period of the hot 
start test, ``stabilized'' phase, is assumed to be identical to the 
second period of the cold start test. Therefore, the hot start test 
terminates after the first period (505 seconds) is run.
    (b) The following steps shall be taken for each test:
    (1) Place drive wheels of vehicle on dynamometer without starting 
engine.
    (2) Open the vehicle engine compartment cover and position the 
cooling fan.
    (3) For all vehicles, with the sample selector valves in the 
``standby'' position, connect evacuated sample collection bags to the 
dilute exhaust and dilution air sample collection systems.
    (4) For methanol-fueled vehicles, with the sample selector valves in 
the ``standby'' position, insert fresh sample collection impingers into 
the methanol sample collection system, fresh impingers or a fresh 
cartridge into the formaldehyde sample collection system and fresh 
impingers (or a single cartridge for formaldehyde) into the dilution air 
sample collection systems for methanol and formaldehyde (background 
measurements of methanol and formaldehyde may be omitted and 
concentrations assumed to be zero for calculations in Sec. 86.144).
    (5) Start the CVS (if not already on), the sample pumps (except the 
particulate sample pump, if applicable), the temperature recorder, the 
vehicle cooling fan, and the heated THC analysis recorder (diesel-cycle 
only). (The heat exchanger of the constant volume sampler, if used, 
petroleum-fueled diesel-cycle THC analyzer continuous sample line and 
filter, methanol-fueled vehicle THC, methanol and formaldehyde sample 
lines, if applicable, should be preheated to their respective operating 
temperatures before the test begins).
    (6) Adjust the sample flow rates to the desired flow rate and set 
the gas flow measuring devices to zero.
    (i) For gaseous bag samples (except THC samples), the minimum flow 
rate is 0.17 cfm (0.08 1/sec).
    (ii) For THC samples, the minimum FID (or HFID in the case of 
diesel-cycle and methanol-fueled Otto-cycle vehicles) flow rate is 0.066 
cfm (0.031 1/sec).
    (iii) For methanol samples, the flow rates shall be set such that 
the system meets the design criteria of Sec. 86.109 and Sec. 86.110. 
For samples in which the concentration in the primary impinger exceeds 
0.5 mg/l, it is recommended that the mass of methanol collected in the 
secondary impinger not exceed ten percent of the total mass collected. 
For samples in which the concentration in the primary impinger does not 
exceed 0.5 mg/l, analysis of the secondary impingers is not necessary.
    (iv) For formaldehyde samples, the flow rates shall be set such that 
the system meets the design criteria of Sec. 86.109 and Sec. 86.110. 
For impinger samples in which the concentration of formaldehyde in the 
primary impinger exceeds 0.1 mg/l, it is recommended that the mass of 
formaldehyde collected in the secondary impinger not exceed ten percent 
of the total mass collected. For samples in which the concentration in 
the primary impinger does not exceed 0.1 mg/l, analysis of the secondary 
impingers is not necessary.
    (7) Attach the exhaust tube to the vehicle tailpipe(s).
    (8) Carefully install a particulate sample filter into each of the 
filter holders. The filters must be handled only with forceps or tongs. 
Rough or abrasive filter handling will result in erroneous weight 
determination.
    (9) Start the gas flow measuring device, position the sample 
selector valves to direct the sample flow into the ``transient'' exhaust 
sample bag, the ``transient'' methanol exhaust sample, the ``transient'' 
formaldehyde exhaust sample, the ``transient'' dilution air sample bag, 
the ``transient'' methanol dilution air sample and the ``transient'' 
formaldehyde dilution air sample (turn on the petroleum-fueled diesel-
cycle THC analyzer system integrator, mark the recorder chart, start 
particulate sample pump No. 1, and record both gas meter or flow 
measurement instrument readings, if applicable), turn the key on, and 
start cranking the engine.
    (10) Fifteen seconds after the engine starts, place the transmission 
in gear.

[[Page 631]]

    (11) Twenty seconds after the engine starts, begin the initial 
vehicle acceleration of the driving schedule.
    (12) Operate the vehicle according to the Urban Dynamometer Driving 
Schedule (Sec. 86.115).
    Note: During particulate testing, adjust the flow rate through the 
particulate sample probe to maintain a constant value within 5 percent of the set flow rate. Record the average 
temperature and pressure at the gas meter or flow instrument inlet. If 
the set flow rate cannot be maintained because of high particulate 
loading on the filter, the test shall be terminated. The test shall be 
rerun using a lower flow rate, or larger diameter filter, or both.
    (13) At the end of the deceleration which is scheduled to occur at 
505 seconds, simultaneously switch the sample flows from the 
``transient'' bags and samples to the ``stabilized'' bags and samples, 
switch off gas flow measuring device No. 1, switch off the No. 1 
petroleum-fueled diesel hydrocarbon integrator and the No. 1 particulate 
sample pump, mark the petroleum-fueled diesel hydrocarbon recorder 
chart, and close valves isolating particulate filter No. 1, if 
applicable, start gas flow measuring device No. 2, and start the 
petroleum-fueled diesel hydrocarbon integrator No. 2 and the No. 2 
particulate sample pump and open valves isolating particulate filter No. 
2, if applicable. Before the acceleration which is scheduled to occur at 
510 seconds, record the measured roll or shaft revolutions and reset the 
counter or switch to a second counter. As soon as possible transfer the 
``transient'' exhaust and dilution air samples to the analytical system 
and process the samples according to Sec. 86.140 obtaining a stabilized 
reading of the bag exhaust sample on all analyzers within 20 minutes of 
the end of the sample collection phase of the test. Obtain methanol and 
formaldehyde sample analyses, if applicable, within 24 hours of the end 
of the sample collection phase of the test.
    (14) Turn the engine off 2 seconds after the end of the last 
deceleration (at 1,369 seconds).
    (15) Five seconds after the engine stops running, simultaneously 
turn off gas flow measuring device No. 2 and if applicable, turn off the 
hydrocarbon integrator No. 2, mark the hydrocarbon recorder chart, turn 
off the No. 2 particulate sample pump and close the valves isolating 
particulate filter No. 2, and position the sample selector valves to the 
``standby'' position (and open the valves isolating particulate filter 
No. 1, if applicable). Record the measured roll or shaft revolutions 
(both gas meter or flow measurement instrumentation readings), and reset 
the counter. As soon as possible, transfer the ``stabilized'' exhaust 
and dilution air samples to the analytical system and process the 
samples according to Sec. 86.140, obtaining a stabilized reading of the 
exhaust bag sample on all analyzers within 20 minutes of the end of the 
sample collection phase of the test. Obtain methanol and formaldehyde 
sample analyses, if applicable, within 24 hours of the end of the sample 
period. (If it is not possible to perform analysis on the methanol and 
formaldehyde samples within 24 hours, the samples should be stored in a 
dark cold (4-10 [deg]C) environment until analysis. The samples should 
be analyzed within fourteen days.) If applicable, carefully remove both 
pairs of particulate sample filters from their respective holders, and 
place each in a separate petri dish, and cover.
    (b)(16)-(b)(24) [Reserved]. For guidance see Sec. 86.137-90.

[56 FR 25776, June 5, 1991, as amended at 60 FR 34347, June 30, 1995]



Sec. 86.137-96  Dynamometer test run, gaseous and particulate 
emissions.

    Section 86.137-96 includes text that specifies requirements that 
differ from those specified in Sec. Sec. 86.137-90 and 86.137-94. Where 
a paragraph in Sec. 86.137-90 or Sec. 86.137-94 is identical and 
applicable to Sec. 86.137-96, this may be indicated by specifying the 
corresponding paragraph and the statement ``[Reserved]. For guidance see 
Sec. 86.137-90.'' or ``[Reserved]. For guidance see Sec. 86.137-94.''
    (a)-(b)(15) [Reserved]. For guidance see Sec. 86.137-94.
    (b)(16)-(b)(23) [Reserved]. For guidance see Sec. 86.137-90.
    (b)(24) Vehicles to be tested for evaporative emissions will proceed 
according to Sec. 86.134; vehicles to be tested with the supplemental 
two-diurnal test sequence for evaporative emissions will proceed 
according to Sec. 86.138-96(k). For

[[Page 632]]

all others this completes the test sequence.

[58 FR 16042, Mar. 24, 1993]



Sec. 86.138-96  Hot soak test.

    (a)(1) Gasoline- and methanol-fueled vehicles. For gasoline- and 
methanol-fueled vehicles, the hot soak test shall be conducted 
immediately following the running loss test. However, sampling of 
emissions from the running loss test is not required as preparation for 
the hot soak test.
    (2) Gaseous-fueled vehicles. Since gaseous-fueled vehicles are not 
required to perform a running loss test, the hot soak test shall be 
conducted within seven minutes after completion of the hot start exhaust 
test.
    (b) The hot soak test may be conducted in the running loss enclosure 
as a continuation of that test or in a separate enclosure.
    (1) If the hot soak test is conducted in the running loss enclosure, 
the driver may exit the enclosure after the running loss test. If 
exiting, the driver should use the personnel door described in Sec. 
86.107-96(a)(2), exiting as quickly as possible with a minimum 
disturbance to the system. The final hydrocarbon and methanol 
concentration for the running loss test, measured in Sec. 86.134-
96(g)(1)(xx), shall be the initial hydrocarbon and methanol 
concentration (time=0 minutes) CHCi and 
CCH3OHi, for the hot soak test.
    (2) If the vehicle must be moved to a different enclosure, the 
following steps must be taken:
    (i) The enclosure for the hot soak test shall be purged for several 
minutes prior to completion of the running loss test. WARNING: If at any 
time the concentration of hydrocarbons, of methanol, or of methanol and 
hydrocarbons exceeds 15,000 ppm C the enclosure should be immediately 
purged. This concentration provides at least a 4:1 safety factor against 
the lean flammability limit.
    (ii) The FID hydrocarbon analyzer shall be zeroed and spanned 
immediately prior to the test.
    (iii) Fresh impingers shall be installed in the methanol sample 
collection system immediately prior to the start of the test, if 
applicable.
    (iv) If not already on, the mixing fan(s) shall be turned on at this 
time. Throughout the hot soak test, the mixing fan(s) shall circulate 
the air at a rate of 0.80.2 cfm per cubic foot of 
the nominal enclosure volume.
    (v) Begin sampling as follows:
    (A) Analyze the enclosure atmosphere for hydrocarbons and record. 
This is the initial (time = 0 minutes) hydrocarbon concentration, 
CHCi, required in Sec. 86.143. Hydrocarbon emissions may be 
sampled continuously during the test period.
    (B) Analyze the enclosure atmosphere for methanol, if applicable, 
and record. The methanol sampling must start simultaneously with the 
initiation of the hydrocarbon analysis and continue for 4.00.5 minutes. This is the initial (time=0 minutes) 
methanol concentration, CCH3OHi, required in Sec. 
86.143. Record the time elapsed during this analysis. If the 4-minute 
sample period is inadequate to collect a sample of sufficient 
concentration to allow accurate GC analysis, rapidly collect the 
methanol sample in a bag and then bubble the bag sample through the 
impingers at the specified flow rate. The time elapsed between 
collection of the bag sample and flow through the impingers should be 
minimized to prevent any losses.
    (vi) The vehicle engine compartment cover shall be closed (if not 
already closed), the cooling fan shall be moved, the vehicle shall be 
disconnected from the dynamometer and any sampling system, and then 
driven at minimum throttle to the enclosure for the hot soak test. These 
steps should be done as quickly as possible to minimize the time needed 
to start the hot soak test.
    (vii) The vehicle's engine must be stopped before any part of the 
vehicle enters the enclosure.
    (viii) The vehicle shall enter the enclosure; the enclosure doors 
shall be closed and sealed within 2 minutes of engine shutdown and 
within seven minutes after the end of the running loss test.
    (ix) The test vehicle windows and any luggage compartments shall be 
opened (if not already open). The vehicle engine compartment cover shall 
be closed (if not already closed).
    (c) [Reserved]

[[Page 633]]

    (d) The temperature recording system shall be started and the time 
of engine shutoff shall be noted on the evaporative emission hydrocarbon 
data recording system.
    (e) For the first 5 minutes of the hot soak test, the ambient 
temperature shall be maintained at 9510 [deg]F. 
For the remainder of the hot soak test, the ambient temperature shall be 
maintained at 955 [deg]F (952 [deg]F on average).
    (f) The 600.5 minute hot soak begins when the 
enclosure doors are sealed (or when the running loss test ends, if the 
hot soak test is conducted in the running loss enclosure).
    (g) The FID (or HFID) hydrocarbon analyzer shall be zeroed and 
spanned immediately prior to the end of the test.
    (h) Fresh impingers shall be installed in the methanol collection 
system immediately prior to the end of the test, if applicable.
    (i) [Reserved]
    (j) At the end of the 600.5 minute test 
period:
    (1) Analyze the enclosure atmosphere for hydrocarbons and record. 
This is the final (time=60 minutes) hydrocarbon concentration, 
CHCf, required in Sec. 86.143.
    (2) Analyze the enclosure atmosphere for methanol and record, if 
applicable. The methanol sampling must start simultaneously with the 
initiation of the hydrocarbon analysis and continue for 4.00.5 minutes. This is the final (time=60 minutes) 
methanol concentration, CCH3OHf, required in Sec. 
86.143. Record the time elapsed during this analysis. If the 4-minute 
sample period is inadequate to collect a sample of sufficient 
concentration to allow accurate GC analysis, rapidly collect the 
methanol sample in a bag and then bubble the bag sample through the 
impingers at the specified flow rate. The time elapsed between 
collection of the bag sample and flow through the impingers should be 
minimized to prevent any losses.
    (k) For the supplemental two-diurnal test sequence (see Sec. 
86.130-96), the hot soak test described in Sec. 86.138-90 shall be 
conducted immediately following the hot transient exhaust emission test. 
This test requires ambient temperatures between 68[deg] and 86 [deg]F at 
all times. The equipment and calibration specifications of Sec. Sec. 
86.107-90 and 86.117-90 may apply for this testing. Enclosures meeting 
the requirements of Sec. Sec. 86.107-96 and 86.117-96 may also be used. 
This hot soak test is followed by two consecutive diurnal heat builds, 
described in Sec. 86.133-96(p).
    (l) If the vehicle is to be tested for diurnal emissions, follow the 
procedure outlined in Sec. 86.133-96.

[58 FR 16042, Mar. 24, 1993, as amended at 59 FR 48510, Sept. 21, 1994; 
60 FR 43897, Aug. 23, 1995]



Sec. 86.139-90  Particulate filter handling and weighing.

    (a) At least 8 hours, but not more than 56 hours before the test, 
place each filter in an open, but protected, petri dish and place in the 
weighing chamber which meets the humidity and temperature specifications 
of Sec. 86.112.
    (b) At the end of the 8 to 56 hour stabilization period, weigh the 
filter on a balance having a precision of one microgram. Record this 
weight. This reading is the tare weight.
    (c) The filter shall then be stored in a covered petri dish which 
shall remain in the weighing chamber until needed for testing.
    (d)(1) If the filter is not used within one hour of its removal from 
the weighing chamber, it shall be reweighed.
    (2) The one hour limit may be replaced by an eight-hour limit if one 
or both of the following conditions are met:
    (i) A stabilized filter is placed and kept in a sealed filter holder 
assembly with the ends plugged, or
    (ii) A stabilized filter is placed in a sealed filter holder 
assembly, which is then immediately placed in a sample line through 
which there is no flow.
    (e) After the test, and after the sample filter is returned to the 
weighing room, condition it for at least 1 hour but not more than 56 
hours. Then weigh a second time. This latter reading is the gross weight 
of the filter. Record this weight.
    (f) The net weight (Pe) is the gross weight minus the 
tare weight.

[[Page 634]]

    Note: Should the sample on the filter contact the petri dish or any 
other surface, the test is void and must be rerun.

[54 FR 14532, Apr. 11, 1989]



Sec. 86.140-94  Exhaust sample analysis.

    The following sequence shall be performed in conjunction with each 
series of measurements:
    (a) For CO, CO2, CH4, NOX, and for 
Otto-cycle and methanol-fueled, natural gas-fueled and liquefied 
petroleum gas-fueled (if non-heated FID option is used) diesel vehicle 
HC:
    (1) Zero the analyzers and obtain a stable zero reading. Recheck 
after tests.
    (2) Introduce span gases and set instrument gains. In order to avoid 
errors, span and calibrate at the same flow rates used to analyze the 
test sample. Span gases should have concentrations equal to 75 to 100 
percent of full scale. If gain has shifted significantly on the 
analyzers, check the calibrations. Show actual concentrations on chart.
    (3) Check zeroes; repeat the procedure in paragraphs (a) (1) and (2) 
of this section if required.
    (4) Check flow rates and pressures.
    (5) Measure THC, CO, CO2, CH4, and 
NOX concentrations of samples.
    (6) Check zero and span points. If difference is greater than 2 
percent of full scale, repeat the procedure in paragraphs (a) (1) 
through (5) of this section.
    (b) For petroleum-fueled, natural gas-fueled and liquefied petroleum 
gas-fueled (if HFID is used) diesel vehicle HC:
    (1) Zero HFID analyzer and obtain a stable zero reading.
    (2) Introduce span gas and set instrument gains. Span gas should 
have concentration equal to 75 to 100 percent of full scale.
    (3) Check zero as in paragraph (b)(1) of this section.
    (4) Introduction of zero and span gas into the analyzer can be 
accomplished by either of the following methods:
    (i) Close heated valve in THC sample (see Figures B94-5 or B94-6) 
and allow gases to enter HFID. Extreme care should be taken not to 
introduce gases under high pressure.
    (ii) Connect zero and span line directly to THC sample probe and 
introduce gases at a flow rate greater than 125 percent of the HFID flow 
rate with the CVS blower operating (see Figures B94-5 or B94-6). Excess 
flow must be allowed to exit probe inlet.
    Note: In order to minimize errors, HFID flow rate and pressure 
during zero and span (and background bag reading) must be exactly the 
same as that used during testing.
    (5) Continuously record (integrate electronically if desired) dilute 
THC emission levels during test. Background samples are collected in 
sample bags and analyzed as in paragraphs (b)(4) (i) or (ii) of this 
section.
    (6) Check zero and span as in paragraphs (b) (1) through (4) of this 
section. If difference is greater than 2 percent of full scale, void 
test and check for THC ``hangup'' or electronic drift in analyzer.
    (c) For CH3OH (methanol-fueled vehicles), introduce test 
samples into the gas chromatograph and measure the concentration. This 
concentration is CMS in the calculations.
    (d) For HCHO (methanol-fueled vehicles), introduce formaldehyde test 
samples into the high pressure liquid chromatograph and measure the 
concentration of formaldehyde as a dinitrophenylhydrazine derivative in 
acetonitrile. This concentration is CFS in the calculations.
    (e) For CH4 analysis:
    (1) In the event that the procedure results in negative 
NMHCwm values (as may occur with high methane fractions), any 
negative NMHCwm value whose absolute value is less than 10 
percent of the NMHC standard shall be rounded to zero. Negative 
NMHCwm values whose absolute value is more than 10 percent of 
the NMHC standard shall require sample remeasurement. If the 10 percent 
criterion cannot be met after remeasurement, the test will be void.
    (2) Other sampling procedures may be used if shown to yield 
equivalent or superior results and if approved in advance by the 
Administrator.

[56 FR 25777, June 5, 1991, as amended at 59 FR 48510, Sept. 21, 1994; 
60 FR 34347, June 30, 1995]

[[Page 635]]



Sec. 86.142-90  Records required.

    The following information shall be recorded with respect to each 
test:
    (a) Test number.
    (b) System or device tested (brief description).
    (c) Date and time of day for each part of the test schedule.
    (d) Test results.
    (e) Driver and equipment operator IDs.
    (f) Vehicle. ID number, manufacturer, model year, standards, engine 
family, evaporative emissions family, basic engine description 
(including displacement, number of cylinders, turbo-/supercharger used, 
and catalyst usage), fuel system (including number of carburetors, 
number of carburetor barrels, fuel injection type, and fuel tank(s) 
capacity and location), engine code, gross vehicle weight rating, 
inertia weight class, actual curb weight at zero miles, actual road load 
at 50 mph (80 kph), transmission configuration, axle ratio, car line, 
system miles, idle rpm, and drive wheel tire pressure, as applicable.
    (g) Dynamometer. Dynamometer ID, inertia weight setting, indicated 
power absorption setting, records to verify compliance with the vehicle 
speed versus time requirements of the test, and driving distance for 
each of the three phases of the test, calculated from the measured roll 
or shaft revolutions.
    (h) Gas analyzers. Analyzer bench ID, analyzer ranges, recordings of 
analyzer output during zero, span, and sample readings.
    (i) Recorder charts: Test number, date, vehicle ID, operator ID, and 
identification of the measurements recorded.
    (j) Test cell barometric pressure, ambient temperature, and 
humidity.
    Note: A central laboratory barometer may be used: Provided, that 
individual test cell barometric pressures are shown to be within 0.1 percent of the barometric pressure at the central 
barometer location.
    (k) Temperatures. Records to verify compliance with the ambient 
temperature requirements throughout the test procedure and recordings of 
vehicle fuel temperature(s) during the diurnal test and of the enclosure 
temperatures during the diurnal and hot soak tests.
    (l) CFV-CVS. Total dilute exhaust volume (Vmix) for each phase of 
the exhaust test.
    (m) PDP-CVS. Test measurements required to calculate the Vmix. Total 
dilute exhaust volume (Vmix) for each phase of the exhaust test.
    (n) The humidity of the dilution air.
    Note: If conditioning columns are not used (see Sec. Sec. 86.122 
and 86.144) this measurement can be deleted. If the conditioning columns 
are used and the dilution air is taken from the test cell, the ambient 
humidity can be used for this measurement.
    (o) Additional records required for diesel vehicles. (1) Pressure 
and temperature of the dilute exhaust mixture (and background air if 
sampled) at the inlet to the gas meter used for particulate sampling.
    (2) The temperature of the dilute exhaust mixture inside the 
dilution tunnel near the inlet of the particulate probe.
    (3) The temperature of the gas flowing in the heated sample line 
before the heated filter, and also before the HFID, and the temperature 
of the control system of the heated hydrocarbon detector.
    (4) Gas meter or flow measurement instrumentation readings at the 
start of each sample period and at the end of each sample period.
    (5) The stabilized pre-test weight and post-test weight of each 
particulate sample and back-up filter.
    (6) Continuous temperature and humidity recording of the ambient air 
in which the particulate filters were stabilized.
    (p) Additional required records for methanol-fueled vehicles. (1) 
Specification of the methanol-fuel or methanol-fuel mixtures used during 
the test.
    (2) Volume of sample passed through the methanol sampling system and 
the volume of deionized water in each impinger.
    (3) The concentration of the GC analyses of the test samples 
(methanol).
    (4) Volume of sample passed through the formaldehyde sampling system 
and the volume of DNPH solution used.
    (5) The concentration of the HPLC analysis of the test sample 
(formaldehyde).
    (6) The temperatures of the sample lines before the HFID and the 
impinger, the temperature of the exhaust

[[Page 636]]

transfer duct (as applicable), and the temperature of the control system 
of the heated hydrocarbon detector.
    (7) A continuous measurement of the dew point of the raw and diluted 
exhaust. This requirement may be omitted if the temperatures of all 
heated lines are kept above 220 [deg]F, or if the manufacturer performs 
an engineering analysis demonstrating that the temperature of the heated 
systems remains above the maximum dew point of the gas stream throughout 
the course of the test.
    (q) Additional required records for natural gas-fueled vehicles. 
Composition, including all carbon containing compounds; e.g. 
CO2, of the natural gas-fuel used during the test. 
C1 and C2 compounds shall be individually 
reported. C3 and heavier hydrocarbons, and C6 and 
heavier compounds may be reported as a group.
    (r) Additional required records for liquefied petroleum gas-fueled 
vehicles. Composition of the liquefied petroleum gas-fuel used during 
the test. Each hydrocarbon compound present, through C4 
compounds, shall be individually reported. C5 and heavier 
hydrocarbons may be reported as a group.

[54 FR 14533, Apr. 11, 1989, as amended at 58 FR 58422, Nov. 1, 1993; 59 
FR 48510, Sept. 21, 1994; 60 FR 34348, June 30, 1995]



Sec. 86.143-96  Calculations; evaporative emissions.

    (a) The following equations are used to calculate the evaporative 
emissions from gasoline- and methanol-fueled vehicles, and for gaseous-
fueled vehicles.
    (b) Use the measurements of initial and final concentrations to 
determine the mass of hydrocarbons and methanol emitted. For testing 
with pure gasoline, methanol emissions are assumed to be zero.
    (1) For enclosure testing of diurnal, hot soak, and running loss 
emissions:
    (i) Methanol emissions:
    [GRAPHIC] [TIFF OMITTED] TR06OC93.029
    
Where:

(A) MCH3OH = Methanol mass change, [micro]g.
(B) Vn = Net enclosure volume, ft\3\, as determined by 
subtracting 50 ft\3\ (1.42 m\3\) (volume of vehicle with trunk and 
windows open) from the enclosure volume. A manufacturer may use the 
measured volume of the vehicle (instead of the nominal 50 ft\3\) with 
advance approval by the Administrator: Provided, the measured volume is 
determined and used for all vehicles tested by that manufacturer.
(C) [Reserved]
(D) VE=Volume of sample withdrawn, ft\3\. Sample volumes must 
be corrected for differences in temperature to be consistent with 
determination of Vn, prior to being used in the equation.
(E) [Reserved]
(F) CMS = GC concentration of sample, [micro]g/ml.
(G) AV = Volume of absorbing reagent in impinger.
(H) PB = Barometric pressure at time of sampling, in. Hg.
(I) i = Initial sample.
(J) f = Final sample.
(K) 1 = First impinger.
(L) 2 = Second impinger.
(M) MCH3OH, out=mass of methanol exiting the enclosure, in 
the case of fixed-volume enclosures for diurnal emission testing, 
[micro]g.
(N) MCH3OH, in=mass of methanol entering the enclosure, in 
the case of fixed-volume enclosures for diurnal emission testing, 
[micro]g.

    (ii) Hydrocarbon emissions:
    [GRAPHIC] [TIFF OMITTED] TR06OC93.030
    
Where,

(A) MHC=Hydrocarbon mass change, g.

[[Page 637]]

(B) CHC = FID hydrocarbon concentration as ppm including FID 
response to methanol (or methane, as appropriate) in the sample.
(C) CCH3OH = Methanol concentration as ppm carbon.
[GRAPHIC] [TIFF OMITTED] TR06OC93.031

(D) Vn=Net enclosure volume ft\3\ (m\3\) as determined by 
subtracting 50 ft\3\ (1.42 m\3\) (volume of vehicle with trunk and 
windows open) from the enclosure volume. A manufacturer may use the 
measured volume of the vehicle (instead of the nominal 50 ft\3\) with 
advance approval by the Administrator, provided the measured volume is 
determined and used for all vehicles tested by that manufacturer.
(E) r=FID response factor to methanol.
(F) PB=Barometric pressure, in Hg (Kpa).
(G) T=Enclosure temperature, [deg]R([deg]K).
(H) i=initial reading.
(I) f=final reading.
(J) 1=First impinger.
(K) 2=Second impinger.
(L) Assuming a hydrogen to carbon ratio of 2.3:
(1) k=2.97; and
(2) For SI units, k=17.16.
(M) MHC, out=mass of hydrocarbons exiting the enclosure, in 
the case of fixed-volume enclosures for diurnal emission testing, g.
(N) MHC, in=mass of hydrocarbons entering the enclosure, in 
the case of fixed-volume enclosures for diurnal emission testing, g.

    (iii) For variable-volume enclosures, defined in Sec. 
86.107(a)(1)(i), the following simplified form of the hydrocarbon mass 
change equation may be used:
[GRAPHIC] [TIFF OMITTED] TR06OC93.032

    (2) For running loss testing by the point-source method, the mass 
emissions of each test phase are calculated below, then summed for a 
total mass emission for the running loss test. If emissions are 
continuously sampled, the following equations can be used in integral 
form.
    (i) Methanol emissions:

MCH3OH=[rho]CH3OH 
    Vmixx
(CCH3OH, rl-CCH3OH, d)

Where,

(A) MCH3OH=methanol mass change, [micro]g.

(B) [rho]CH3,OH= 37.71 g/ft\3\, density of pure 
vapor at 68 [deg]F.
(C) Vmix=total dilute sample volume, in ft\3\, calculated as 
appropriate for the collection technique used.
(D) CCH3OH, rl=methanol concentration of diluted 
running loss sample, in ppm carbon equivalent.
(E) CCH3OH, d=methanol concentration of dilution 
air, in ppm carbon equivalent.

    (ii) Hydrocarbon emissions:

MHC=[rho]HC 
    Vmix10-6x(CHC, rl-
    CHC, d)

Where,

(A) MHC=hydrocarbon mass change, g.
(B) [rho]HC= 16.88 g/ft\3\, density of pure vapor at 68 
[deg]F (for hydrogen to carbon ratio of 2.3).
(C) Vmix=total dilute sample volume, in ft\3\, calculated as 
appropriate for the collection technique used.
(D) CHC, rl=hydrocarbon concentration of diluted running loss 
sample, in ppm carbon equivalent.
(E) CHC, d=hydrocarbon concentration of dilution air, in ppm 
carbon equivalent.
(c) Calculate the adjusted total mass emissions for each test segment.

[[Page 638]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.033

where MDI=mass emissions from the diurnal emission test (see 
Sec. 86.133), g.
[GRAPHIC] [TIFF OMITTED] TR06OC93.034

where MHS=mass emissions from the hot soak test (see Sec. 
86.138), g.
[GRAPHIC] [TIFF OMITTED] TR06OC93.035

where MRL=mass emissions from the running loss test (see 
Sec. 86.134), g.

    (d)(1) For the full three-diurnal test sequence, there are two final 
results to report:
    (i) The sum of the adjusted total mass emissions for the diurnal and 
hot soak tests (MDI+MHS); and
    (ii) The adjusted total mass emissions for the running loss test, on 
a grams per mile basis=MRL/DRL, where 
DRL=miles driven for the running loss test (see Sec. 86.134-
96(c)(6)).
    (2) For the supplemental two-diurnal test sequence, there is one 
final result to report: the sum of the adjusted total mass emissions for 
the diurnal and hot soak tests (MDI+MHS), 
described in Sec. Sec. 86.133-96(p) and 86.138-96(k), respectively.

[58 FR 16043, Mar. 24, 1993, as amended at 59 FR 48510, Sept. 21, 1994; 
60 FR 34348, June 30, 1995; 60 FR 43897, Aug. 23, 1995]



Sec. 86.144-94  Calculations; exhaust emissions.

    The final reported test results shall be computed by use of the 
following formula:
    (a) For light-duty vehicles and light duty trucks:
    [GRAPHIC] [TIFF OMITTED] TR06OC93.051
    

Where:
    (1) YWM = Weighted mass emissions of each pollutant, 
i.e., THC, CO, THCE, NMHC, NMHCE, CH4, NOX, or 
CO2, in grams per vehicle mile.
    (2) Yct=Mass emissions as calculated from the 
``transient'' phase of the cold start test, in grams per test phase.
    (3) Yht=Mass emissions as calculated from the 
``transient'' phase of the hot start test, in grams per test phase.
    (4) Ys=Mass emissions as calculated from the 
``stabilized'' phase of the cold start test, in grams per test phase.
    (5) Dct=The measured driving distance from the 
``transient'' phase of the cold start test, in miles.

[[Page 639]]

    (6) Dht=The measured distance from the ``transient'' 
phase of the hot start test, in miles.
    (7) Ds=The measured driving distance from the 
``stabilized'' phase of the cold start test, in miles.
    (b) The mass of each pollutant for each phase of both the cold start 
test and the hot start test is determined from the following:
    (1) Total hydrocarbon mass:

HCmass=Vmix x DensityHC x 
    (HCconc/1,000,000)

    (2) Oxides of nitrogen mass:

NOxmass=Vmix x DensityNO2 x 
    KH x (NOxconc/1,000,000)

    (3) Carbon monoxide mass:

COmass=Vmix x DensityCO x 
    (COconc/1,000,000)

    (4) Carbon dioxide mass:

CO2mass=Vmix x DensityCO2 x 
    (CO2conc/100)

    (5) Methanol mass:

CH3OHmass=Vmix x 
    DensityCH3OH x (CH3OHconc/
    1,000,000)

    (6) Formaldehyde mass:

HCHOmass=Vmix x DensityHCHO x 
    (HCHOconc/1,000,000)

    (7) Total hydrocarbon equivalent mass:

THCEmass = HCmass + 13.8756/32.042 x 
    (CH3OHmass) + 13.8756/32.0262 x 
    (HCHOmass)

    (8) Non-methane hydrocarbon mass:

NMHCmass = Vmix x DensityNMHC x 
    (NMHCconc/1,000,000)

    (9) Non-methane hydrocarbon equivalent mass:

NMHCEmass = NMHCmass + 13.8756/32.042 x 
    (CH3OHmass) + 13.8756/30.0262 x 
    (HCHOmass)

    (10) Methane mass:

CH4mass=Vmix=DensityCH4=(CH4conc
    /1,000,00)

    (c) Meaning of symbols:
    (1)(i) HCmass=Total hydrocarbon emissions, in grams per 
test phase.
    (ii) DensityHC=Density of total hydrocarbon.
    (A) For gasoline-fuel, diesel-fuel and methanol fuel; 
DensityHC=16.33 g/ft\3\-carbon atom (0.5768 kg/m\3\-carbon 
atom), assuming an average carbon to hydrogen ratio of 1:1.85, at 68 
[deg]F (20 [deg]C) and 760 mm Hg (101.3 kPa) pressure.
    (B) For natural gas and liquefied petroleum gas-fuel; 
DensityHC=1.1771 (12.011+H/C (1.008)) g/ft\3\-carbon atom 
(0.04157(12.011+H/C (1.008))kg/m\3\-carbon atom), where H/C is the 
hydrogen to carbon ratio of the hydrocarbon components of the test fuel, 
at 68 [deg]F (20 [deg]C) and 760 mm Hg (101.3 kPa) pressure.
    (iii)(A) HCconc=Total hydrocarbon concentration of the 
dilute exhaust sample corrected for background, in ppm carbon 
equivalent, i.e., equivalent propane x 3.
    (B) HCconc=HCe-HCd(1-1/DF).

Where:
    (iv)(A) HCe=Total hydrocarbon concentration of the dilute 
exhaust sample or, for diesel-cycle (or methanol-fueled vehicles, if 
selected), average hydrocarbon concentration of the dilute exhaust 
sample as calculated from the integrated THC traces, in ppm carbon 
equivalent.
    (B) HCe=FID HCe-(r)CCH\3\OHe.
    (v) FID HCe=Concentration of total hydrocarbon plus 
methanol in dilute exhaust as measured by the FID, ppm carbon 
equivalent.
    (vi) r=FID response to methanol.
    (vii) CCH\3\OHe=Concentration of methanol in dilute 
exhaust as determined from the dilute exhaust methanol sample in ppm 
carbon. For vehicles not fueled with methanol, CCH\3\OHe 
equals zero.
    (viii)(A) HCd=Total hydrocarbon concentration of the 
dilution air as measured, in ppm carbon equivalent.
    (B) HCd=FID HCd-(r)CCH\3\OHd.
    (ix) FID HCd=Concentration of total hydrocarbon plus 
methanol in dilution air as measured by the FID, ppm carbon equivalent.
    (x) CCH\3\OHd=Concentration of methanol in dilution air 
as determined from dilution air methanol sample in ppm carbon. For 
vehicles not fueled with methanol, CCH\3\OHd equals zero.
    (2)(i) NOxmass=Oxides of nitrogen emissions, in grams per 
test phase.
    (ii) DensityNO2=Density of oxides of nitrogen is 54.16 g/
ft3 (1.913 kg/m\3\) assuming they are in the form of nitrogen dioxide, 
at 68 [deg]F (20 [deg]C) and 760 mm Hg (101.3kPa) pressure.

[[Page 640]]

    (iii)(A) NOxconc=Oxides of nitrogen concentration of the 
dilute exhaust sample corrected for background, in ppm.
    (B) NOxconc=NOxe-NOxd(1-(1/DF)).

Where:
    (iv) NOxe=Oxides of nitrogen concentration of the dilute 
exhaust sample as measured, in ppm.
    (v) NOxd=Oxides of nitrogen concentration of the dilution 
air as measured, in ppm.
    (3)(i) COmass=Carbon monoxide emissions, in grams per 
test phase.
    (ii) DensityCO = Density of carbon monoxide is 32.97 g/
ft\3\ (1.164 kg/m3), at 68 [deg]F (20 [deg]C) and 760 mm Hg (101.3 kPa) 
pressure.
    (iii)(A) COconc = Carbon monoxide concentration of the 
dilute exhaust sample corrected for background, water vapor, and 
CO2 extraction, in ppm.
    (B) COconc = COe - COd(1 - (1/DF)).

Where:
    (iv)(A) COe = Carbon monoxide concentration of the dilute 
exhaust volume corrected for water vapor and carbon dioxide extraction, 
in ppm.
    (B) COe = (1 - 0.01925CO2e-
0.000323R)COem for petroleum fuel with hydrogen to carbon 
ratio of 1.85:1.
    (C) COe=[1-(0.01+0.005HCR) CO2e-
0.000323R]COem for methanol-fuel or natural gas-fuel or 
liquefied petroleum gas-fuel, where HCR is hydrogen-to-carbon ratio as 
measured for the fuel used.
    (v) COem = Carbon monoxide concentration of the dilute 
exhaust sample as measured, in ppm.
    (vi) CO2e = Carbon dioxide concentration of the dilute 
exhaust sample, in percent.
    (vii) R = Relative humidity of the dilution air, in percent (see 
Sec. 86.142(n)).
    (viii)(A) COd = Carbon monoxide concentration of the 
dilution air corrected for water vapor extraction, in ppm.
    (B) COd = (1-0.000323R)COdm.

Where:
    (ix) COdm = Carbon monoxide concentration of the dilution 
air sample as measured, in ppm.

    Note: If a CO instrument which meets the criteria specified in Sec. 
86.111 is used and the conditioning column has been deleted, 
COem must be substituted directly for COe and 
COdm must be substituted directly for COd.

    (4)(i) CO2mass = Carbon dioxide emissions, in grams per 
test phase.
    (ii) Density CO2 = Density of carbon dioxide is 51.81 g/
ft\3\ (1.830 kg/m\3\), at 68 [deg]F (20 [deg]C) and 760 mm Hg (101.3 
kPa) pressure.
    (iii)(A) CO2conc = Carbon dioxide concentration of the 
dilute exhaust sample corrected for background, in percent.
    (B) CO2conc = CO2e - CO2d(1 - (1/
DF)). Where:
    (iv) CO2d = Carbon dioxide concentration of the dilution 
air as measured, in percent.
    (5)(i) CH3OHmass = Methanol emissions 
corrected for background, in grams per test phase.
    (ii) DensityCH3OH=Density of methanol is 37.71 g/ft\3\-
carbon atom (1.332 kg/m\3\-carbon atom), at 68 [deg]F (20 [deg]C) and 
760 mm Hg (101.3 kPa) pressure.
    (iii)(A) CH3OHconc = Methanol concentration of 
the dilute exhaust corrected for background, ppm.
    (B) CH3OHconc = CCH3OHe - 
CCH3OHd(1 - (1/DF)).

Where:
    (iv)(A) CCH3OHe=Methanol concentration in the dilute 
exhaust, ppm.
    (B)
    [GRAPHIC] [TIFF OMITTED] TR06OC93.055
    
    (v)(A) CCH3OHd=Methanol concentration in the dilution 
air, ppm.
    (B)

[[Page 641]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.056

    (vi) TEM=Temperature of methanol sample withdrawn from 
dilute exhaust, [deg]R.
    (vii) TDM=Temperature of methanol sample withdrawn from 
dilution air, [deg]R.
    (viii) PB=Barometric pressure during test, mm Hg.
    (ix) VEM=Volume of methanol sample withdrawn from dilute 
exhaust, ft\3\.
    (x) VDM=Volume of methanol sample withdrawn from dilution 
air, ft\3\.
    (xi) CS=GC concentration of sample drawn from dilute 
exhaust, [micro]g/ml.
    (xii) CD=GC concentration of sample drawn from dilution 
air, [micro]g/ml.
    (xiii) AVS=Volume of absorbing reagent (deionized water) in impinger 
through which methanol sample from dilute exhaust is drawn, ml.
    (xiv) AVD=Volume of absorbing reagent (deionized water) in impinger 
through which methanol sample from dilution air is drawn, ml.
    (xv) 1=first impinger.
    (xvi) 2=second impinger.
    (xvii) 1 = first impinger.
    (xviii) 2 = second impinger.
    (6)(i) HCHOmass = Formaldehyde emissions corrected for 
background, in grams per test phase.
    (ii) DensityHCHO=Density of formaldehyde is 35.36 g/
ft\3\- carbon atom (1.249 kg/m\3\-carbon atom), at 68 [deg]F (20 [deg]C) 
and 760 mm Hg (101.3 kPa) pressure.
    (iii)(A) HCHOconc = Formaldehyde concentration of the 
dilute exhaust corrected for background, in ppm.
    (B) HCHOconc = CHCHOe - CHCHOd (1 - 
(1/DF)).

Where:
    (iv)(A) CHCHOe = Formaldehyde concentration in dilute 
exhaust, in ppm.
    (B)
    [GRAPHIC] [TIFF OMITTED] TR06OC93.057
    
    (v)(A) CHCHOd = Formaldehyde concentration in dilution 
air in ppm.
    (B)
    [GRAPHIC] [TIFF OMITTED] TR06OC93.058
    
    (vi) CFDE = Concentration of DNPH derivative of 
formaldehyde from dilute exhaust sample in sampling solution, [micro]g/
ml.
    (vii) VAE = Volume of sampling solution for dilute 
exhaust formaldehyde sample, ml.
    (viii)(A) Q = Ratio of molecular weights of formaldehyde to its DNPH 
derivative.
    (B) Q = 0.1429.
    (ix) TEF = Temperature of formaldehyde sample withdrawn 
from dilute exhaust, [deg]R.
    (x) VSE = Volume of formaldehyde sample withdrawn from 
dilute exhaust, ft\3\.
    (xi) PB = Barometric pressure during test, mm Hg.
    (xii) CFDA = Concentration of DNPH derivative of 
formaldehyde from dilution air sample in sampling solution, [micro]g/ml.
    (xiii) VAA = Volume of sampling solution for dilution air 
formaldehyde sample, ml.
    (xiv) TDF = Temperature of formaldehyde sample withdrawn 
from dilution air, [deg]R.
    (xv) VSA = Volume of formaldehyde sample withdrawn from 
dilution air, ft\3\.
    (7)(i) DF = 13.4/[CO2e+(HCe+COe) 
10-4] for petroleum-fueled vehicles.
    (ii) For methanol-fueled vehicles, where fuel composition is 
Cx Hy Oz as measured, or calculated, 
for the fuel used:

[[Page 642]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.059

    (iii)
    [GRAPHIC] [TIFF OMITTED] TR06OC93.060
    

for natural gas-fueled or liquefied petroleum gas-fueled vehicles where 
fuel composition is Cx Hy as measured for the fuel 
used.
    (iv)(A) KH=Humidity correction factor.
    (B) KH=1/[1-0.0047(H-75)].
    (C) For SI units, KH=1x[1-0.0329(Hx10.71)].

Where:
    (v)(A) H=Absolute humidity in grains (grams) of water per pound 
(kilogram) of dry air.
    (B) H=[(43.478)Ra x Pd]/[PB-
(Pd x Ra/100)].
    (C) For SI units, H=[(6.211)Ra x Pd]/
[PBx(Pd x Ra/100)].
    (vi) Ra=Relative humidity of the ambient air, percent.
    (vii) Pd=Saturated vapor pressure, mm Hg (kPa) at the 
ambient dry bulb temperature.
    (viii) PB=Barometric pressure, mm Hg (kPa).
    (ix)(A) Vmix=Total dilute exhaust volume in cubic feet 
per test phase corrected to standard conditions (528[deg]R (293 [deg]K) 
and 760 mm Hg (101.3 kPa)).
    (B) For PDP-CVS, Vmix is:
    [GRAPHIC] [TIFF OMITTED] TR06OC93.061
    
    (C) For SI units,
    [GRAPHIC] [TIFF OMITTED] TR06OC93.062
    

Where:
    (x) Vo=Volume of gas pumped by the positive displacement 
pump, in cubic feet (m\3\) per revolution. This volume is dependent on 
the pressure differential across the positive displacement pump.
    (xi) N=Number of revolutions of the positive displacement pump 
during the test phase while samples are being collected.
    (xii) PB=Barometric pressure, mm Hg (kPa).
    (xiii) P4=Pressure depression below atmospheric measured 
at the inlet to the positive displacement pump, in mm Hg (kPa) (during 
an idle mode).
    (xiv) Tp=Average temperature of dilute exhaust entering 
positive displacement pump during test, [deg]R([deg]K).
    (8)(i) NMHCconc=HCconc-(rCH4 x 
CH4conc).
    (ii) DensityNMHC=The density of non-methane hydrocarbon.
    (A) For gasoline-fuel and diesel-fuel; DensityNMHC=16.33 
g/ft\3\-carbon atom (0.5768 kg/m\3\-carbon atom), assuming an average 
carbon to hydrogen ratio of 1:1.85 at 68 [deg]F (20 [deg]C) and 760 mm 
Hg (101.3 kPa) pressure.
    (B) For natural gas and liquefied petroleum gas fuel; 
DensityNMHC=1.1771(12.011+H/C(1.008))g/ft\3\-carbon atom 
(0.04157(12.011+H/C(1.008))kg/m\3\-carbon atom), where H/C is the 
hydrogen to carbon ratio of the non-methane hydrocarbon components of 
the test fuel, at 68 [deg]F (20 [deg]C) and 760 mm Hg (101.3 kPa) 
pressure.
    (iii)(A) CH4conc = Methane concentration of the dilute 
exhaust sample corrected for background, in ppm carbon equivalent.
    (B) CH4conc = CH4e - CH4d(1 - 1/DF)

[[Page 643]]


Where:
    (iv) CH4e = Methane exhaust bag concentration in ppm 
carbon equivalent.
    (v) CH4d = Methane concentration of the dilution air in 
ppm carbon equivalent.
    (vi) rCH4=HC FID response to methane as measured in Sec. 86.121(d).
    (9)(i) CH4mass=Methane emissions, in grams per test 
phase.
    (ii) DensityCH4=Density of methane is 18.89 g/ft\3\-
carbon atom (0.6672 kg/m\3\-carbon atom), at 68 [deg]F (20 [deg]C) and 
760 mm Hg (101.3 kPa) pressure.
    (d) For petroleum-fueled vehicles, example calculation of mass 
values of exhaust emissions using positive displacement pump:
    (1) For the ``transient'' phase of the cold start test assume the 
following: Vo = 0.29344 ft\3\rev; N = 10,485; R = 48.0 pct; 
Ra = 48.2 percent; PB = 762 mm Hg; Pd = 
22.225 mm Hg; P4 = 70 mm Hg; Tp = 570 [deg]R; 
HCe = 105.8 ppm, carbon equivalent; NOxe = 11.2 
ppm; COem = 306.6 ppm; CO2e = 1.43 percent; 
CH4e = 10.74 ppm; HCd = 12.1 ppm; NOxd 
= 0.8 ppm; COdm = 15.3 ppm; CO2d = 0.032 percent; 
CH4d = 2.20 ppm; Dct = 3.598 miles.

Then:
    (i) Vmix = (0.29344)(10,485)(762-70)(528)/(760)(570) = 
2595.0 ft\3\ per test phase.
    (ii) H = (43.478)(48.2)(22.225)/762 - (22.225)(48.2/100) = 62 grains 
of water per pound of dry air.
    (iii) KH = 1/[1 - 0.0047(62-75)] = 0.9424.
    (iv) COe = [1-0.01925(1.43) - 0.000323(48)](306.6) = 
293.4 ppm.
    (v) COd = [1 - 0.000323(48)](15.3) = 15.1 ppm.
    (vi) DF = 13.4/[1.43+10-4(105.8+293.4)] = 9.116.
    (vii) HCconc = 105.8-12.1(1 - 1/9.116) = 95.03 ppm.
    (viii) HCmass = (2595)(16.33)(95.03/1,000,000) = 4.027 
grams per test phase.
    (ix) NOxconc = 11.2 - 0.8(1 - 1/9.116) = 10.49 ppm.
    (x) NOxmass = (2595)(54.16)(10.49/1,000,000)(0.9424) = 
1.389 grams per test phase.
    (xi) COconc = 293.4 - 15.1(1 - 1/9.116) = 280.0 ppm.
    (xii) COmass = (2595)(32.97)(280/1,000,000) = 23.96 grams 
per test phase.
    (xiii) CO2conc = 1.43 - 0.032(1 - 1/9.116) = 1.402 
percent.
    (xiv) CO2mass = (2595.0)(51.85)(1.402/100) = 1886 grams 
per test phase.
    (xv) CH4conc = 10.74 - 2.2 (1 - 1/9.116) = 8.78 ppm.
    (xvi) NMHCconc = 95.03 - 8.78 = 86.25 ppm.
    (xvii) NMHCmass = (2595)(16.33)(86.25)/1,000,000 = 3.655 
grams per test phase.
    (2) For the stabilized portion of the cold start test assume that 
similar calculations resulted in the following:
    (i) HCmass = 0.62 gram per test phase.
    (ii) NOxmass = 1.27 grams per test phase.
    (iii) COmass = 5.98 grams per test phase.
    (iv) CO2mass = 2346 grams per test phase.
    (v) Ds = 3.902 miles.
    (vi) NMHCmass = 0.50 gram per test phase.
    (3) For the ``transient'' portion of the hot start test assume that 
similar calculations resulted in the following:
    (i) HCmass = 0.51 gram per test phase.
    (ii) NOxmass = 1.38 grams per test phase.
    (iii) COmass = 5.01 grams per test phase.
    (iv) CO2mass = 1758 grams per test phase.
    (v) Dht = 3.598 miles.
    (vi) NMHCmass = 0.44 grams per test phase.
    (4) Weighted mass emission results:
    (i) HCwm = 0.43[(4.027+0.62)/
(3.598+3.902)]+0.57[(0.51+0.62)/(3.598+3.902)] = 0.352 gram per vehicle 
mile.
    (ii) NOxwm = 0.43[(1.389+1.27)/(3.598+3.902)] + 
0.57[(1.38+1.27)/(3.598+3.902)] = 0.354 gram per vehicle mile.
    (iii) COwm = 0.43[(23.96+5.98)/(3.598+3.902)] + 
0.57[(5.01+5.98)/(3.598+3.902)] = 2.55 grams per vehicle mile.
    (iv) CO2wm = 0.43[(1886+2346)/
(3.598+3.902)+0.57[(1758+2346)/(3.598+3.902)] = 555 gram per vehicle 
mile.
    (v) NMHCwm = 0.43[(3.655 + 0.50)/(3.598 + 3.902)] + 
0.57[(0.44 + 0.50)/(3.598 + 3.902)] = 0.310 gram per vehicle mile.
    (e) For methanol-fueled vehicles with measured fuel composition of 
CH3.487 O0.763, example calculation of exhaust 
emissions using positive displacement pump:
    (1) For the ``transient'' phase of the cold start test assume the 
following:

[[Page 644]]

V0=0.29344 ft\3\ rev; N=25,801; R=37.5 pct; Ra=37.5 percent; 
PB=725.42 mm Hg; Pd=22.02 mm Hg; P4=70 
mm Hg; Tp 570 deg.R; FID HCe=14.65 ppm, carbon 
equivalent; r=0.788; TEM=527.67 deg.R; VEM=0.2818 
ft\3\; CS1=7.101; AVS1=15.0 ml; 
CS2=0.256; AVS2=15.0 ml; TDM=527.67 
deg.R; VDM=1.1389 ft\3\; CD1=0.439; 
AVD1=15.0 ml; CD2=0.0; AVD2=15.0 ml; 
CFDE=8.970 [micro]g/ml; VAE=5.0 ml; Q=0.1429; 
TEF=527.67 deg.R; VSE=0.2857 ft\3\; 
CFDA=0.39 [micro]g/ml; VAA=5.0 ml; 
TDF=527.67 deg.R; VSA=1.1043 ft\3\; 
NOX.=5.273 ppm; COem=98.8 ppm; 
CO2e=0.469 pct; CH4e=2.825 ppm; FID 
HCd=2.771 ppm; NOX.=0.146 ppm; 
COdm=1.195 ppm; CO2d=0.039 percent; 
CH4d=2.019 ppm; Dct=3.583 miles.


Then:

    (i) Vmix=(0.29344)(25,801)(725.42-70)(528)/
(760)(570)=6048.1.0 ft\3\ per test phase.
    (ii) H=(43.478)(37.5)(22.02)/[725.42-(22.02x37.5/100)]=50 grains of 
water per pound of dry air.
    (iii) KH=1/[1-0.0047(50-75)]=0.8951.
    (iv) COe=[1-(0.01+0.005x3.487)x0.469)-
0.000323(37.5))x98.8=96.332 ppm.
    (v) COd=(1-0.000323(37.5))x1.195=1.181 ppm.
    (vi) CCH3OHe = 
(3.813x10-2)(527.67)[(7.101)(15.0) + (0.256)(15.0)]/
(725.42)(0.2818) = 10.86 ppm.
    (vii) HCe=14.65-(0.788)(10.86)=6.092.
    (viii) DF = 100(1/[1 + (3.487/2) + 3.76(1 + (3.487/4) - (0.763/
2))])/0.469 + (6.092 + 96.332 + 10.86 + 0.664)(10-4) = 
24.939.
    (ix) CCH3OHd = (3.813 x 
10-2)(527.67)[(0.439)(15.0) + (0.0)(15.0)]/(725.42)(1.1389) = 
0.16 ppm.
    (x) CH3OHconc=10.86-0.16(1-1/24.939)=10.71 
ppm.
    (xi) CH3OHmass=6048.1x37.71x(10.71/
1,000,000)=2.44 grams per test phase.
    (xii) HCconc=[14.65 - (0.788)(10.86)] - [2.771 - 
(0.788)(0.16)] (1-1/24.94)=3.553 ppm.
    (xiii) HCmass=(6048.1)(16.33)(3.553/1,000,000)=0.35 grams 
per test phase.
    (xiv) CHCHOe = 4.069 x 
10-2(8.970)(5.0)(0.1429)(527.67)/(0.2857)(725.42) = 0.664 
ppm.
    (xv) CHCHOd = 4.069 x 
10-2(0.39)(5.0)(0.1429)(527.67)/(1.1043)(725.42) = 0.0075 
ppm.
    (xvi) HCHOconc=0.664-0.0075(1-1/24.939)=0.6568 ppm.
    (xvii) HCHOmass=(6048.1)(35.36)(0.6568/1,000,000)=0.1405 
grams per test phase.
    (xviii) THCE=0.35+(13.8756/32.042)(2.44)+(13.8756/ 
30.0262)(0.1405)=1.47 grams per test phase.
    (xix) NOXconc=5.273-(0.146)(1-1/24.939)=5.13 ppm.
    (xx) NOXmass=(6048.1)(54.16)(5.13/
1,000,000)(0.8951)=1.505 grams per test phase.
    (xxi) COconc=96.332-1.181(1-1/24.939)=95.2 ppm.
    (xxii) COmass=(6048.1)(32.97)(95.2/1,000,000)=18.98 grams 
per test phase.
    (xxiii) CO2conc=0.469-0.039(1-1/24.939)=0.432 percent.
    (xxiv) CO2mass=(6048.1)(51.85)(0.432/100)=1353 grams.
    (xxv) CH4conc=2.825-2.019(1-1/24.939)=0.89 ppm.
    (xxvi) NMHCconc=3.553 ppm-0.89 ppm=2.67 ppm.
    (xxvii) NMHCmass=(6048.1)(16.33)(2.67/1,000,000)=0.263 
grams per test phase.
    (xxviii) NMHCEmass=0.263+(13.8756/32.042)(2.44) + 
(13.8756/ 30.0262)(0.1405)=1.39 grams per test phase.
    (2) For the stabilized portion of the cold start test assume that 
similar calculations resulted in the following:
    (i) THCE=0.143 grams per test phase.
    (ii) NOXmass=0.979 grams per test phase.
    (iii) COmass=0.365 grams per test phase.
    (iv) CO2mass=1467 grams per test phase.
    (v) Ds=3.854 miles.
    (vi) NMHCE=0.113 grams per test phase.
    (3) For the ``transient'' portion of the hot start test assume that 
similar calculations resulted in the following:
    (i) THCE=0.488 grams as carbon equivalent per test phase.
    (ii) NOXmass=1.505 grams per test phase.
    (iii) COmass=3.696 grams per test phase.
    (iv) CO2mass=1179 grams per test phase.
    (v) Dht=3.577 miles.
    (vi) NMHCE=0.426 grams per test phase.
    (4) Weighted emission results:
    (i) THCEwm = (0.43) x (1.473 + 0.143)/(3.583 + 3.854) + 
(0.57) x (0.488 + 0.143)/(3.577 + 3.854) = 0.142 grams as carbon 
equivalent per mile.
    (ii) NOxwm = (0.43) x (1.505 + 0.979)/(3.583 + 3.854) + 
(0.57) x (1.505 + 0.979)/3.577 + 3.854) = 0.344 grams per mile.

[[Page 645]]

    (iii) COwm = (0.43) x (18.983 + 0.365)/(3.583 = 3.854) + 
(0.57) x (3.696 + 0.365)/(3.577 + 3.854) = 1.43 grams per mile.
    (iv) CO2wm = (0.43) x (1353 + 1467)/(3.583 + 3.854) + 
(0.57) x (1179 + 1467)/(3.577 + 3.854) = 366 grams per mile.
    (v) NMHCEwm = (0.43) x (1.386 + 0.113)/(3.583 + 3.854) + 
(0.57) x (0.426 = 0.113)/(3.577 + 3.854) = 0.128 grams per mile.

[56 FR 25777, June 5, 1991, as amended at 59 FR 39649, Aug. 3, 1994; 59 
FR 48511, Sept. 21, 1994; 60 FR 34349, June 30, 1995; 62 FR 47122, Sept. 
5, 1997; 70 FR 40434, July 13, 2005]



Sec. 86.145-82  Calculations; particulate emissions.

    (a) The final reported test results for the mass particulate 
(Mp) in grams/mile shall be computed as follows.

Mp = 0.43(Mp1 + Mp2)/(Dct + 
    Ds) + 0.57(Mp3 + Mp2)/
    (Dht = Ds)

where:
    (1) Mp1 = Mass of particulate determined from the 
``transient'' phase of the cold start test, in grams per test phase. 
(See Sec. 86.110-82(c)(1) for determination.)
    (2) Mp2 = Mass of particulate determined from the 
``stabilized'' phase of the cold start test, in grams per test phase. 
(See Sec. 86.110-82(c)(1) for determination.)
    (3) Mp3 = Mass of particulate determined from the 
``transient'' phase of the hot start test, in grams per test phase. (See 
Sec. 86.110-82(c)(1) for determination).
    (4) Dct = The measured driving distance from the 
``transient'' phase of the cold start test, in miles.
    (5) Ds = The measured driving distance from the 
``stabilized'' phase of the cold start test, in miles.
    (6) Dht = The measured driving distance from the 
``transient'' phase of the hot start test, in miles.
    (b) The mass of particulate for each phase of testing is determined 
as follows:
[GRAPHIC] [TIFF OMITTED] TR06OC93.074


where:
    (1) j = 1, 2 or 3 depending on which phase the mass of particulate 
is being determined for (i.e., the ``transient'' phase of the cold start 
test, the ``stabilized'' phase of the cold start test, or the 
``transient'' phase of the hot start test).
    (2) Vmix = Total dilute exhaust volume in cubic meters 
per test, corrected to standard conditions 528[deg]R (293K) and 29.92 in 
Hg (101.3 kPa). Vmix is further defined in Sec. 86.144.
    (3) Pe = mass of particulate per test on the exhaust 
filter(s), grams.
    (4) Pb = mass of particulate on the ``background'' 
filter, grams.
    (i) The background particulate level, Pb, inside the 
dilution air filter box at EPA is very low. Pb will be 
assumed = 0, and background particulate samples will not be taken with 
each exhaust sample. It is recommended that background particulate 
checks be made periodically to verify the low level.
    (ii) Any manufacturer may make the same assumption without prior EPA 
approval.
    (iii) If Pb is assumed = 0, then no background correction 
is made. The equation for particulate mass emissions then reduces to:
[GRAPHIC] [TIFF OMITTED] TR06OC93.075

    (6) Vep = total volume of sample pulled through the 
filter, cubic feet at standard conditions.
[GRAPHIC] [TIFF OMITTED] TR06OC93.076


where:
    (i) Vap = corrected (according to procedure specified in 
Sec. 85.120) dilute exhaust sample volume, cubic feet.
    (ii) Pbar = barometric pressure, in Hg.
    (iii) Pip = pressure elevation above ambient measured at 
the inlet to the dilute exhaust sample gas meter or flow instrument, in 
Hg. (For most gas meters with unrestricted discharge Pip is 
negligible and can be assumed = 0.)
    (iv) Tip = average temperature of the dilute exhaust 
sample at the inlet to the gas meter or flow instrument, [deg]R.
    (7) Vbp = total volume of the background sample, cubic 
feet at standard conditions. (Vbp is not required if 
Pb is assumed = 0.) It is calculated using the following 
formula:

[[Page 646]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.077


where:
    (i) Vab = corrected (according to procedure specified in 
Sec. 85.120) background sample volume, cubic feet.
    (ii) Pbar = barometric pressure, in. Hg.
    (iii) Pib = pressure elevation above ambient measured at 
the inlet to the background gas meter or flow instrument, in Hg. (For 
most gas meters with unrestricted discharge Pib is negligible 
and can be assumed = 0.)
    (iv) Tib = average temperature of the background sample 
at the inlet to the gas meter or flow instrument, [deg]R.
    (8) DF = dilution factor. (DF is not required if Pb is 
assumed = 0.)

[45 FR 14523, Mar. 5, 1980, as amended at 46 FR 50494, Oct. 13, 1981, 
and 47 FR 49807, Nov. 2, 1982]



Sec. 86.146-96  Fuel dispensing spitback procedure.

    (a) The vehicle is fueled at a rate of 10 gal/min to test for fuel 
spitback emissions. All liquid fuel spitback emissions that occur during 
the test are collected in a bag made of a material impermeable to 
hydrocarbons or methanol. The bag shall be designed and used so that 
liquid fuel does not spit back onto the vehicle body, adjacent floor, 
etc., and it must not impede the free flow of displaced gasoline vapor 
from the orifice of the filler pipe. The bag must be designed to permit 
passage of the dispensing nozzle through the bag. If the bag has been 
used for previous testing, sufficient time shall be allowed for the bag 
to dry out. The dispensing nozzle shall be a commercial model, not 
equipped with vapor recovery hardware.
    (b) Ambient temperature levels encountered by the test vehicle shall 
be not less than 68 [deg]F nor more than 86 [deg]F. The temperatures 
monitored during testing must be representative of those experienced by 
the test vehicle. The vehicle shall be approximately level during all 
phases of the test sequence to prevent abnormal fuel distribution.
    (c) Measure and record the mass of the bag to be used for collecting 
spitback emissions to the nearest 0.01 gram.
    (d) Drain the fuel tank(s) and fill with test fuel, as specified in 
Sec. 86.113, to 10 percent of the reported nominal fuel tank capacity. 
The fuel cap(s) shall be installed immediately after refueling.
    (e) The vehicle shall be soaked at 806 [deg]F 
(273 [deg]C) for a minimum of six hours, then 
placed, either by being driven or pushed, on a dynamometer and operated 
through one Urban Dynamometer Driving Schedule (specified in Sec. 
86.115 and appendix I of this part). The test vehicle may not be used to 
set dynamometer horsepower.
    (f) Following the preconditioning drive, the vehicle shall be moved 
or driven at minimum throttle to the refueling area.
    (g) All areas in proximity to the vehicle fuel fill orifice and the 
dispenser nozzle itself shall be completely dry of liquid fuel.
    (h) The fuel filler neck shall be snugly fitted with the vented bag 
to capture any fuel emissions. The fuel nozzle shall be inserted through 
the bag into the filler neck of the test vehicle to its maximum 
penetration. The plane of the nozzle's handle shall be perpendicular to 
the floor of the laboratory.
    (i) The fueling procedure consists of dispensing fuel through a 
nozzle, interrupted by a series of automatic shutoffs. A minimum of 3 
seconds shall elapse between any automatic shutoff and subsequent 
resumption of dispensing. Dispensing may not be manually terminated, 
unless the test vehicle has already clearly failed the test. The vehicle 
shall be fueled according to the following procedure:
    (1) The fueling operation shall be started within 4 minutes after 
the vehicle is turned off and within 8 minutes after completion of the 
preconditioning drive. The average temperature of the dispensed fuel 
shall be 65 5 [deg]F (18 3 
[deg]C).
    (2) The fuel shall be dispensed at a rate of 9.80.3 gallons/minute (37.11.1 L/min) 
until the automatic shutoff is activated.
    (3) If the automatic shutoff is activated before the nozzle has 
dispensed an amount of fuel equal to 70 percent of the tank's nominal 
capacity, the dispensing may be resumed at a reduced

[[Page 647]]

rate. Repeat as necessary until the nozzle has dispensed an amount of 
fuel equal to at least 70 percent of the tank's nominal capacity.
    (4) Once the automatic shutoff is activated after the nozzle has 
dispensed an amount of fuel equal to 70 percent of the tank's nominal 
capacity, the fuel shall be dispensed at a rate of 5 1 gallons/minute (19 4 [ell]/min) 
for all subsequent dispensing. Dispensing shall be restarted two 
additional times.
    (5) If the nozzle has dispensed an amount of fuel less than 85 
percent of the tank's nominal capacity after the two additional 
dispensing restarts, dispensing shall be resumed, and shall continue 
through as many automatic shutoffs as necessary to achieve this level. 
This completes the fueling procedure.
    (j) Withdraw the nozzle from the vehicle and the bag, holding the 
tip of the nozzle upward to avoid any dripping into the bag.
    (k) Within 1 minute after completion of the fueling event, the bag 
shall be folded to minimize the vapor volume inside the bag. The bag 
shall be folded as quickly as possible to prevent evaporation of 
collected emissions.
    (l) Within 5 minutes after completion of the fueling event, the mass 
of the bag and its contents shall be measured and recorded (consistent 
with paragraph (c) of this section). The bag shall be weighed as quickly 
as possible to prevent evaporation of collected emissions.

[58 FR 16045, Mar. 24, 1993, as amended at 60 FR 43898, Aug. 23, 1995]



Sec. 86.150-98  Refueling test procedure; overview.

    (a) The refueling emissions test procedure described in this and 
subsequent sections is used to determine the conformity of vehicles with 
the refueling emissions standards set forth in subpart A of this part 
for light-duty vehicles and light-duty trucks. The refueling emissions 
test procedure may be performed as an individual test or in combination 
with the evaporative and exhaust emissions test sequences of Sec. 
86.130-96.
    (b) The refueling emissions test is designed to measure hydrocarbon 
emissions resulting from the generation or displacement of fuel tank 
vapor during vehicle refueling. The refueling emissions shall be 
measured by the enclosure technique.
    (c) All emission control systems installed on or incorporated in a 
new motor vehicle shall be functioning during all procedures in this 
subpart except:
    (1) In cases of component malfunction or failure; and
    (2) during certain specified fuel drain and fill operations, at 
which times the refueling emission control canister is disconnected. 
Maintenance to correct component malfunction or failure shall be 
authorized in accordance with Sec. 86.098-25.
    (d) For liquefied petroleum gas-fueled vehicles only. Refueling test 
procedures for light-duty vehicles and light-duty trucks operated on 
liquefied petroleum gas are described in Sec. 86.157.

[59 FR 16296, Apr. 6, 1994, as amended at 59 FR 48511, Sept. 21, 1994]



Sec. 86.151-98  General requirements; refueling test.

    (a) The refueling emissions procedure, shown in Figure B98-12, 
starts with the stabilizing of the vehicle and the loading of the 
refueling emissions canister(s) to breakthrough, and continues with the 
vehicle drive for purging of the canister, followed by the refueling 
emissions measurement. The test is conducted following Sec. Sec. 
86.152-98 through 86.154-98 in order.
    (b) Ambient temperature levels encountered by the test vehicle 
throughout the test sequence shall not be less than 68 [deg]F (20 
[deg]C) nor more than 86 [deg]F (30 [deg]C).
    (c) The vehicle shall be approximately level during all phases of 
the test sequence to prevent abnormal fuel distribution.

[[Page 648]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.166


[59 FR 16296, Apr. 6, 1994]



Sec. 86.152-98  Vehicle preparation; refueling test.

    (a) Provide additional fittings and adapters, as required, to 
accommodate a fuel drain at the lowest point possible in the tank(s) as 
installed on the vehicle. The canister shall not be removed from the 
vehicle, unless access to the canister in its normal location is so 
restricted that purging and loading can only reasonably be accomplished 
by removing the canister from the vehicle. Special care shall be taken 
during this step to avoid damage to the components and the integrity of 
the fuel system. A replacement canister may be temporarily installed 
during the soak period while the canister from the test vehicle is 
preconditioned.
    (b) Optionally, provide valving or other means to allow the venting 
of the refueling vapor line to the atmosphere rather than to the 
refueling emissions

[[Page 649]]

canister(s) when allowed by this test procedure.
    (c) For preconditioning that involves loading the vapor collection 
canister(s) with butane, provide valving or other means as necessary to 
allow loading of the canister(s).

[59 FR 16298, Apr. 6, 1994, as amended at 60 FR 43898, Aug. 23, 1995; 70 
FR 72927, Dec. 8, 2006]



Sec. 86.153-98  Vehicle and canister preconditioning; refueling test.

    (a) Vehicle and canister preconditioning. Vehicles and vapor storage 
canisters shall be preconditioned in accordance with the preconditioning 
procedures for the supplemental two-diurnal evaporative emissions test 
specified in Sec. 86.132-96 (a) through (j). For vehicles equipped with 
non-integrated refueling emission control systems, the canister must be 
loaded using the method involving butane loading to breakthrough (see 
Sec. 86.132-96(j)(1)).
    (b) Seal test. The Administrator may choose to omit certain canister 
load and purge steps, and replace them with a bench purge of the 
refueling canister(s), in order to verify the adequacy of refueling 
emission control system seals. Failure of this seal test shall 
constitute a failure of the refueling emission control test. For 
integrated systems, this bench purge may be performed after the exhaust 
testing in order to obtain exhaust emission test results. Non-integrated 
system seal testing shall be performed using paragraph (b)(1) of this 
section.
    (1) Without the exhaust emission test. The Administrator may conduct 
the canister preconditioning by purging the canister(s) with at least 
1200 canister bed volumes of ambient air (with humidity controlled to 
5025 grains of water vapor per pound of dry air) 
maintained at a nominal flow rate of 0.8 cfm directly following the 
preconditioning drive described in Sec. 86.132-96 (c) through (e). In 
this case, the canister loading procedures and the vehicle driving 
procedures described in Sec. 86.132-96 (f) through (j) and in 
paragraphs (c) through (d) of this section shall be omitted, and the 10 
minute and 60 minute time requirements of paragraph (e) of this section 
shall apply to time after completion of the bench purge. In the case of 
multiple refueling canisters, each canister shall be purged separately.
    (2) With the exhaust emission test. The Administrator may conduct 
the canister preconditioning by purging the canister(s) directly after 
the exhaust test (see paragraph (c)(1) of this section). The canister 
shall be purged with at least 1200 canister bed volumes of ambient air 
(with humidity controlled to 5025 grains of water 
vapor per pound of dry air) maintained at a nominal flow rate of 0.8 
cfm. In this case, the vehicle driving procedures described in 
paragraphs (c)(2) through (d) of this section shall be omitted, and the 
10 minute and 60 minute time requirements of paragraph (e) of this 
section shall apply to time after completion of the bench purge. In the 
case of multiple refueling canisters, each canister shall be purged 
separately.
    (c) Canister purging; integrated systems. (1) Vehicles to be tested 
for exhaust emissions only shall be processed according to Sec. Sec. 
86.135-94 through 86.137-96. Vehicles to be tested for refueling 
emissions shall be processed in accordance with the procedures in 
Sec. Sec. 86.135-94 through 86.137-96, followed by the procedures 
outlined in paragraph (c)(2) of this section.
    (2) To provide additional opportunity for canister purge, conduct 
additional driving on a dynamometer, within one hour of completion of 
the hot start exhaust test, by operating the test vehicle through one 
UDDS, a 2 minute idle, two NYCCs, another 2 minute idle, another UDDS, 
then another 2 minute idle (see Sec. 86.115-78 and appendix I of this 
part). Fifteen seconds after the engine starts, place the transmission 
in gear. Twenty seconds after the engine starts, begin the initial 
vehicle acceleration of the driving schedule. The transmission shall be 
operated according to the specifications of Sec. 86.128-79 during the 
driving cycles. The vehicle's air conditioner (if so equipped) shall be 
turned off. Ambient temperature shall be controlled as specified in 
Sec. 86.151-98. It is not necessary to monitor and/or control in-tank 
fuel temperatures.
    (i) The fixed-speed fan specified in Sec. 86.135-94(b) may be used 
for engine cooling. If a fixed-speed fan is used, the vehicle's hood 
shall be opened.

[[Page 650]]

    (ii) Alternatively, the roadspeed-modulated fan specified in Sec. 
86.107-96(d)(1) may be used for engine cooling. If a road-speed 
modulated fan is used, the vehicle's hood shall be closed.
    (d) Canister purging: non-integrated systems. Within one hour of 
completion of canister loading to breakthrough, the fuel tank(s) shall 
be further filled to 95 percent of nominal tank capacity determined to 
the nearest one-tenth of a U.S. gallon (0.38 liter) with the fuel 
specified in Sec. 86.113-94. During this fueling operation, the 
refueling emissions canister(s) shall be disconnected, unless the 
manufacturer specifies that the canister(s) should not be disconnected. 
Following completion of refueling, the refueling emissions canister(s) 
shall be reconnected, if the canister was disconnected during refueling. 
Special care shall be taken during this step to avoid damage to the 
components and the integrity of the fuel system. Vehicle driving to 
purge the refueling canister(s) shall be performed using either the 
chassis dynamometer procedure or the test track procedure, as described 
in paragraphs (d)(1) and (d)(2) of this section. The Administrator may 
choose to shorten the vehicle driving for a partial refueling test as 
described in paragraph (d)(3) of this section. For vehicles equipped 
with dual fuel tanks, the required volume of fuel shall be driven out of 
one tank, the second tank shall be selected as the fuel source, and the 
required volume of fuel shall be driven out of the second tank.
    (1) Chassis dynamometer procedure. (i) Vehicle driving on a chassis 
dynamometer shall consist of repeated drives with the UDDS until 85 
percent of fuel tank capacity has been consumed. Driving in testing 
performed by manufacturers may be terminated before 85 percent of the 
fuel tank capacity has been consumed, provided that driving is not 
terminated partway through a UDDS cycle. Driving in testing performed by 
the Administrator may be terminated after the same number of UDDS cycles 
as driven in the manufacturer's certification testing.
    (ii) Except with the advance approval of the Administrator, the 
number of UDDSs required to consume 85 percent of tank fuel capacity 
(total capacity of both tanks when the vehicle is equipped with dual 
fuel tanks) shall be determined from the fuel economy on the UDDS 
applicable to the test vehicle and from the number of gallons to the 
nearest 0.1 gallon (0.38 liter) that constitutes 85 percent of tank 
volume. If this ``fuel consumed point'' occurs partway through a UDDS 
cycle, the cycle shall be completed in its entirety.
    (iii) For vehicles equipped with dual fuel tanks, fuel switching 
from the first tank to the second tank shall occur at the 10 percent 
volume of the first tank regardless of the point in the UDDS cycle at 
which this occurs.
    (iv) If necessary to accommodate work schedules, the engine may be 
turned off and the vehicle parked on the dynamometer. The vehicle may be 
parked off of the dynamometer to facilitate maintenance or repairs if 
required.
    (v) During the driving on the dynamometer, a cooling fan(s) shall be 
positioned as described in Sec. 86.135-94(b).
    (2) Test track procedure. (i) Vehicle driving on a test track shall 
consist of repeated drives with the UDDS until 85 percent of fuel tank 
capacity has been consumed. Driving performed by manufacturers may be 
terminated before 85 percent of the fuel tank capacity has been 
consumed, provided that driving is not terminated partway through a UDDS 
cycle. Driving performed by the Administrator may be terminated after 
the same number of UDDS cycles as driven in the manufacturer's 
certification testing.
    (ii) If the distance from the emission laboratory to the test track 
is less than 5 miles (8.05 km) the vehicle may be driven to the test 
track at a speed not to exceed 25 mph. If the distance is greater than 5 
miles (8.05 km) the vehicle shall be moved to the test track with the 
engine off.
    (iii) Except with the advance approval of the Administrator, the 
number of UDDSs required to consume 85 percent of tank fuel capacity 
(total capacity of both tanks when the vehicle is equipped with dual 
fuel tanks) shall be determined from the fuel economy on the UDDS 
applicable to the test vehicle and from the number of gallons to the 
nearest 0.1 gallon (0.38 liter) that

[[Page 651]]

constitutes 85 percent of tank volume. If this ``fuel consumed point'' 
occurs partway through a UDDS cycle, the cycle shall be completed in its 
entirety.
    (iv) The vehicle shall be driven at a speed not to exceed 25 mph 
from the test track to the laboratory provided the distance from the 
test track to the laboratory does not exceed 5 miles (8.05 km). If the 
distance from the test track to the emission laboratory is greater than 
5 miles (8.05 km) the vehicle shall be moved from the test track with 
the engine off.
    (v) For vehicles equipped with dual fuel tanks, fuel switching from 
the first tank to the second tank shall occur at the 10 percent volume 
of the first tank regardless of the point in the UDDS cycle at which 
this occurs.
    (vi) If necessary to accommodate work schedules, the engine may be 
turned off and the vehicle parked on the test track. The vehicle may be 
parked off of the test track to facilitate maintenance or repairs if 
required. If the vehicle is moved from the test track, it shall be 
returned to the track with the engine off when mileage accumulation is 
to be resumed.
    (3) Drive schedule for partial refueling test. The Administrator may 
conduct a partial refueling test involving a shortening of the drive 
procedures described in paragraphs (d) (1) and (2) of this section and a 
modified soak and refueling procedure as described in paragraph (e) of 
this section and Sec. 86.154-98(e)(7)(i). The drive shall be performed 
as described in paragraph (d) (1) or (2) of this section except that the 
drive shall be terminated when at least 10 percent but no more than 85 
percent of the fuel tank nominal capacity has been consumed and not 
partway through a UDDS cycle. The amount of fuel consumed in the drive 
shall be determined by multiplying the number of UDDSs driven by the 
mileage accumulated per UDDS and dividing by the fuel economy for the 
UDDS applicable to the test vehicle.
    (e) Vehicle cool down--(1) Partial refueling test. If the 
Administrator is conducting the non-integrated system partial refueling 
test, after the driving procedure specified in paragraph (d)(3) of this 
section, the vehicle shall be parked (without starting the engine) and 
soaked at 803 [deg]F (271.7 
[deg]C) for a minimum of 1 hour and a maximum of 6 hours.
    (2) For all other refueling emission tests. Within 10 minutes of 
completion of refueling emissions canister stabilization (see paragraph 
(c) or (d) of this section), the refueling emissions canister(s) shall 
be disconnected, unless the manufacturer specifies that the refueling 
canister(s) should not be disconnected. Within 60 minutes of completion 
of refueling emissions canister stabilization (see paragraph (c) or (d) 
of this section), the vehicle fuel tank(s) shall be drained, the fuel 
tank(s) fueled to 10 percent of nominal tank capacity determined to the 
nearest one-tenth of a U.S. gallon (0.38 liter) with the specified fuel, 
and the vehicle parked (without starting the engine) and soaked at 
803 [deg]F (271.7 [deg]C) 
for a minimum of 6 hours and a maximum of 24 hours.

[59 FR 16298, Apr. 6, 1994, as amended at 60 FR 43898, Aug. 23, 1995; 70 
FR 72927, Dec. 8, 2005]



Sec. 86.154-98  Measurement procedure; refueling test.

    (a) The refueling test measurement procedure described in this 
section immediately follows the vehicle and canister preconditioning 
described in Sec. 86.153-98.
    (b) The refueling emission enclosure shall be purged for several 
minutes immediately prior to the test. Warning: If at any time the 
concentration of hydrocarbons, of methanol, or of methanol and 
hydrocarbons exceeds 15,000 ppm C, the enclosure should be immediately 
purged. This concentration provides a 4:1 safety factor against the lean 
flammability limit.
    (c)(1) The FID (or HFID) hydrocarbon analyzer, and additional 
analyzer, if needed, shall be zeroed and spanned immediately prior to 
the test.
    (2) For methanol-fueled vehicles only, impingers charged with known 
volumes of pure deionized water shall be placed in the methanol sampling 
system.
    (d) If not already on, the enclosure mixing fan and the spilled fuel 
mixing blower shall be turned on at this time.

[[Page 652]]

    (e) The refueling emission measurement portion of the refueling test 
shall be performed as follows:
    (1) The line from the fuel tank(s) to the refueling emissions 
canister(s) shall be connected.
    (2) The test vehicle, with the engine shut off, shall be moved into 
the enclosure. The test vehicle windows and luggage compartment shall be 
opened if not already open.
    (3) An electrical ground shall be attached to the vehicle. The 
vehicle fuel filler cap shall be removed and the enclosure door shall be 
closed and sealed within two minutes of cap removal. The FID (or HFID) 
trace shall be allowed to stabilize.
    (4) The dispensed fuel temperature recording system shall be 
started.
    (5)(i) Within 10 minutes of closing and sealing the doors, analyze 
enclosure atmosphere for hydrocarbons and record. This is the initial 
(time=0 minutes) hydrocarbon concentration, CHCi, required in 
Sec. 86.143-96.
    (ii) For methanol-fueled vehicles only, measure the initial 
concentration of methanol as described in Sec. 86.133-96(i)(6).
    (6) Within one minute of obtaining the initial FID (or HFID) 
reading, and methanol reading if applicable, the fuel nozzle shall be 
inserted into the filler neck of the test vehicle, to its maximum 
penetration, and the refueling operation shall be started. The plane of 
the nozzle's handle shall be approximately perpendicular to the floor of 
the laboratory. The fuel shall be dispensed at a temperature of 671.5 [deg]F (19.40.8 [deg]C) and at 
a dispensing rate of 9.80.3 gal/min (37.11.1 liter/min). In testing conducted by the 
Administrator, a lower dispensing rate (no lower than 4.0 gal/min (15.1 
liter/min)) may be used.
    (7)(i) Partial refueling test. If the Administrator conducts the 
non-integrated system partial refueling test, the fuel flow shall 
continue until the amount of fuel pumped is equal to the fuel consumed 
during the driving, as determined in accordance with Sec. 86.153-
98(d)(3). The final volume of fuel dispensed must be within one-tenth of 
a U.S. gallon (0.38 liter) of the targeted amount. If automatic nozzle 
shut-off occurs prior to this point, the nozzle shall be reactivated 
within 15 seconds and fuel dispensing continued as needed. A minimum of 
3 seconds shall elapse between any automatic shutoff and subsequent 
resumption of dispensing.
    (ii) For all other refueling tests. The fuel flow shall continue 
until the refueling nozzle automatic shut-off is activated. The amount 
of fuel dispensed must be at least 85 percent of nominal fuel tank 
volume, determined to the nearest one-tenth of a U.S. gallon (0.38 
liter). If automatic nozzle shut-off occurs prior to this point, the 
nozzle shall be reactivated within 15 seconds and fuel dispensing 
continued as needed. A minimum of 3 seconds shall elapse between any 
automatic shutoff and subsequent resumption of dispensing. Dispensing 
may not be manually terminated, unless the test vehicle has already 
clearly failed the test.
    (8)(i) The final reading of the evaporative enclosure FID analyzer 
shall be taken 605 seconds following the final 
shut-off of fuel flow. This is the final hydrocarbon concentration, 
CHCf, required in Sec. 86.143-96. The elapsed time, in 
minutes, between the initial and final FID (or HFID) readings shall be 
recorded.
    (ii) For methanol-fueled vehicles only. Measure the final 
concentration of methanol as described in Sec. 86.133-96(m)(2).
    (9) For vehicles equipped with more than one fuel tank, the 
procedures described in this section shall be performed for each fuel 
tank.

[59 FR 16299, Apr. 6, 1994, as amended at 60 FR 43898, Aug. 23, 1995]



Sec. 86.155-98  Records required; refueling test.

    The following information shall be recorded with respect to each 
test:
    (a) Test number.
    (b) System or device tested (brief description).
    (c) Date and time of day.
    (d) Instrument operated.
    (e) Operator.
    (f) Vehicle: ID number, manufacturer, model year, engine family, 
evaporative/refueling emission family, refueling emission control 
system, refueling emissions canister continuous drive purge miles and 
number of

[[Page 653]]

UDDSs driven for non-integrated systems, fuel system (including fuel 
tank(s) capacity and location), basic engine description (including 
displacement, number of cylinders, turbocharger (if used), and catalyst 
usage), engine code, and odometer reading.
    (g) All pertinent instrument information including nozzle and fuel 
delivery system description. As an alternative, a reference to a vehicle 
test cell number may be used, with advance approval of the 
Administrator, provided test cell calibration records show the pertinent 
instrument information.
    (h) Recorder charts: Identify zero, span, and enclosure gas sample 
traces.
    (i) Enclosure barometric pressure and ambient temperature: a central 
laboratory barometer may be used, provided that individual test cell 
barometric pressures are shown to be within 0.1 
percent of the barometric pressure at the central barometer location.
    (j) Temperatures: Soak area; dispensed fuel, initial and final.
    (k) Fuel dispensing rate(s).
    (l) Dispensed fuel volume.
    (m) For methanol-fueled vehicles:
    (1) Volume of sample passed through the methanol sampling system and 
the volume of deionized water in each impinger.
    (2) The methanol concentration in the reference sample and the peak 
area from the GC analysis of the reference sample.
    (3) The peak area of the GC analyses of the test samples (methanol).
    (n) All additional information necessary for the calculations 
specified in Sec. 86.156-98.

[59 FR 16300, Apr. 6, 1994]



Sec. 86.156-98  Calculations; refueling test.

    (a) The calculation of the net hydrocarbon mass change and methanol 
mass change (if applicable) in the enclosure is used to determine 
refueling mass emissions. The mass is calculated from initial and final 
hydrocarbon and methanol (if applicable) concentrations in ppm carbon, 
initial and final enclosure ambient temperatures, initial and final 
barometric pressures, and net enclosure volume using the equations of 
Sec. 86.143-96. For vehicles with multiple tanks, the results for each 
tank shall be calculated and then summed to determine overall refueling 
emissions.
    (b) The final results for comparison with the refueling control 
emission standard shall be computed by dividing the total refueling mass 
emissions by the total gallons of fuel dispensed in the refueling test 
(see Sec. 86.154-98(e)(7)(ii)).
    (c) The results of all emission tests shall be rounded, in 
accordance with ASTM E 29-67 (reapproved 1980) (as referenced in Sec. 
86.094-28(a)(4)(i)(B)(2)(ii)) to the number of decimal places contained 
in the applicable emission standard expressed to one additional 
significant figure.

[59 FR 16300, Apr. 6, 1994]



Sec. 86.157-98  Refueling test procedures for liquefied petroleum 
gas-fueled vehicles.

    (a) Equipment. (1) The sampling and analytical system shall meet the 
specifications in Sec. 86.107-98(a) through (i).
    (2) The refueling equipment nozzle specifications shall meet the 
requirements described in Sec. 80.32.
    (b) General requirements. (1) The refueling test procedure for 
light-duty liquefied petroleum gas-fueled vehicles and trucks starts 
with the preconditioning of the vehicle followed by a refueling 
emissions measurement. The test is conducted by following paragraphs (c) 
through (f) of this section in order.
    (2) Ambient temperature levels encountered by the test vehicle 
throughout the test sequence shall not be less than 68 [deg]F (20 
[deg]C) nor more than 86 [deg]F (30 [deg]C).
    (3) The vehicle shall be approximately level during all phases of 
the test sequence to prevent abnormal fuel distribution.
    (c) Vehicle preconditioning. (1) The vehicle fuel tanks are to be 
filled with fuel that meets the specifications in Sec. 86.113. Fuel 
tanks shall be filled to 10 percent of nominal fuel tank capacity, 
determined to the nearest one-tenth of a U.S. gallon (0.38 liter).
    (2) The vehicle shall be parked (without starting the engine) within 
the temperature range specified in paragraph (a)(2) of this section for 
a minimum of one hour and a maximum of six hours.

[[Page 654]]

    (d) Measurement procedure. (1) The steps prior to the actual 
refueling event described in Sec. 86.154-98(b) through (e)(5) shall be 
performed.
    (2) Within one minute of obtaining the initial FID (or HFID) 
reading, the dispensed fuel nozzle shall be attached to the vehicle fuel 
receptacle, and the refueling operation shall be started. If the vehicle 
is equipped with a fixed liquid level gauge or other gauge or valve 
which could be opened to release fuel or fuel vapor during refueling, 
and has not received an exemption as outlined in Sec. Sec. 86.098-
28(h), 86.001-28(h) or 86.004-28(h), the fixed level gauge or other 
gauges or valves shall be opened after the dispensing nozzle is 
attached, but prior to the start of the refueling operation. The 
dispensed fuel must be at a temperature stabilized to approximately the 
same temperature as the vehicle was in paragraph (c)(2) of this section. 
The dispensing rate must be typical of in-use dispensing rates for 
liquefied petroleum gas into light-duty vehicles and trucks.
    (3) The fuel flow shall continue until the amount of fuel dispensed 
is at least 85 percent of nominal fuel tank capacity, determined to the 
nearest one-tenth of a U.S. gallon (0.38 liter).
    (4) Following the fuel shut-off the fixed liquid level gauge or 
other gauges or valves, if open, shall be closed and the nozzle 
disconnected.
    (5) The final reading of the evaporative enclosure FID (or HFID) 
analyzer shall be taken 60 5 seconds following the 
disconnect of the refueling nozzle. This is the final hydrocarbon 
concentration, CHCf, required in Sec. 86.143. The elapsed 
time, in minutes, between the initial and final FID (or HFID) readings 
shall be recorded.
    (6) For vehicles equipped with more than one fuel tank, the 
procedures described in this section shall be performed for each fuel 
tank.
    (e) Records required. (1) Test: test number, system or device tested 
(brief description), date and time of day, instrument operated, 
operator, enclosure barometric pressure and temperature, recorder charts 
(identify zero, span, and enclosure gas traces), fuel dispensing rate(s) 
and dispensed fuel volume.
    (2) Vehicle: ID number, manufacturer, model year, engine family, 
evaporative/refueling emission family, fuel tank(s) capacity, basic fuel 
system description and odometer reading.
    (3) All pertinent instrument information including nozzle and fuel 
delivery system description. As an alternative, a reference to a vehicle 
test cell number may be used, with advance approval of the 
Administrator, provided test cell calibration records show the pertinent 
instrument information.
    (4) All additional information necessary for the calculations 
specified in paragraph (f) of this section.
    (f) Calculations. (1) The calculation of the net hydrocarbon mass 
change in the enclosure is used to determine refueling mass emissions. 
The mass is calculated from initial and final hydrocarbon concentrations 
in ppm carbon, initial and final enclosure ambient temperatures, initial 
and final barometric pressures and net volume using the equations of 
Sec. 86.143. For vehicles with multiple tanks, the results for each 
tank shall be calculated and then summed to determine overall refueling 
emissions.
    (2) The final results for comparison with the refueling control 
emission standard shall be computed by dividing the total refueling mass 
emissions by the total gallons of fuel dispensed in the refueling test 
(see paragraph (d)(3) of this section).
    (3) The results of all emission tests shall be rounded, in 
accordance with ASTM E 29-67 to the number of decimal places contained 
in the applicable emission standard expressed to one additional 
significant figure. This procedure has been incorporated by reference 
(see Sec. 86.1).

[59 FR 48511, Sept. 21, 1994]



Sec. 86.158-00  Supplemental Federal Test Procedures; overview.

    The procedures described in Sec. Sec. 86.158-00, 86.159-00, 86.160-
00, and 86.162-00 discuss the aggressive driving (US06) and air 
conditioning (SC03) elements of the Supplemental Federal Test Procedures 
(SFTP). These test procedures consist of two separable test elements: A 
sequence of vehicle operation that tests exhaust emissions with a 
driving schedule (US06) that tests exhaust

[[Page 655]]

emissions under high speeds and accelerations (aggressive driving); and 
a sequence of vehicle operation that tests exhaust emissions with a 
driving schedule (SC03) which includes the impacts of actual air 
conditioning operation. These test procedures (and the associated 
standards set forth in subpart S of this part) are applicable to light-
duty vehicles and light-duty trucks.
    (a) Vehicles are tested for the exhaust emissions of THC, CO, 
NOX. CH4, and CO2. For diesel-cycle 
vehicles, THC is sampled and analyzed continuously according to the 
provisions of Sec. 86.110.
    (b) Each test procedure follows the vehicle preconditioning 
specified in Sec. 86.132-00.
    (c) US06 Test Cycle. The test procedure for emissions on the US06 
driving schedule (see Sec. 86.159-00) is designed to determine gaseous 
exhaust emissions from light-duty vehicles and light-duty trucks while 
simulating high speed and acceleration on a chassis dynamometer 
(aggressive driving). The full test consists of preconditioning the 
engine to a hot stabilized condition, as specified in Sec. 86.132-00, 
and an engine idle period of 1 to 2 minutes, after which the vehicle is 
accelerated into the US06 cycle. A proportional part of the diluted 
exhaust is collected continuously for subsequent analysis, using a 
constant volume (variable dilution) sampler or critical flow venturi 
sampler.
    (d) SC03 Test Cycle. The test procedure for determining exhaust 
emissions with the air conditioner operating (see Sec. 86.160-00) is 
designed to determine gaseous exhaust emissions from light-duty vehicles 
and light-duty trucks while simulating an urban trip during ambient 
conditions of 95 [deg]F, 100 grains of water/pound of dry air 
(approximately 40 percent relative humidity), and a solar heat load 
intensity of 850 W/m\2\. The full test consists of vehicle 
preconditioning (see Sec. 86.132-00 paragraphs (o) (1) and (2)), an 
engine key-off 10 minute soak, an engine start, and operation over the 
SC03 cycle. A proportional part of the diluted exhaust is collected 
continuously during the engine start and the SC03 driving cycle for 
subsequent analysis, using a constant volume (variable dilution) sampler 
or critical flow venturi sampler.
    (e) The emission results from the aggressive driving test (Sec. 
86.159-00), air conditioning test (Sec. 86.160-00), and a FTP test 
(Sec. 86.130-00 (a) through (d) and (f)) (conducted on a large single 
roll or equivalent dynamometer) are analyzed according to the 
calculation methodology in Sec. 86.164-00 and compared to the 
applicable SFTP emission standards in subpart A of this part (Sec. Sec. 
86.108-00 and 86.109-00).
    (f) These test procedures may be run in any sequence that maintains 
the applicable preconditioning elements specified in Sec. 86.132-00.

[61 FR 54894, Oct. 22, 1996, as amended at 70 FR 40434, July 13, 2005]



Sec. 86.158-08  Supplemental Federal Test Procedures; overview.

    The procedures described in Sec. Sec. 86.158-08, 86.159-08, 86.160-
00, and 86.162-00 discuss the aggressive driving (US06) and air 
conditioning (SC03) elements of the Supplemental Federal Test Procedures 
(SFTP). These test procedures consist of two separable test elements: A 
sequence of vehicle operation that tests exhaust emissions with a 
driving schedule (US06) that tests exhaust emissions under high speeds 
and accelerations (aggressive driving); and a sequence of vehicle 
operation that tests exhaust emissions with a driving schedule (SC03) 
which includes the impacts of actual air conditioning operation. These 
test procedures (and the associated standards set forth in subpart S of 
this part) are applicable to light-duty vehicles and light-duty trucks.
    (a) Vehicles are tested for the exhaust emissions of THC, CO, 
NOX, CH4, and CO2. For diesel-cycle 
vehicles, THC is sampled and analyzed continuously according to the 
provisions of Sec. 86.110.
    (b) Each test procedure follows the vehicle preconditioning 
specified in Sec. 86.132-00.
    (c) US06 Test Cycle. The test procedure for emissions on the US06 
driving schedule (see Sec. 86.159-08) is designed to determine gaseous 
exhaust emissions from light-duty vehicles and light-duty trucks while 
simulating high speed and acceleration on a chassis dynamometer 
(aggressive driving). The full test consists of preconditioning the 
engine to a hot stabilized condition, as specified in

[[Page 656]]

Sec. 86.132-00, and an engine idle period of 1 to 2 minutes, after 
which the vehicle is accelerated into the US06 cycle. A proportional 
part of the diluted exhaust is collected continuously for subsequent 
analysis, using a constant volume (variable dilution) sampler or 
critical flow venturi sampler. Optionally, as specified in Sec. 86.159-
08 and in part 600 of this chapter, a proportional part of the diluted 
exhaust may be collected continuously in two bag samples, one 
representing US06 City driving and the other representing US06 Highway 
driving. If two bag samples are collected, for petroleum-fueled diesel-
cycle vehicles for which THC is sampled and analyzed continuously 
according to the provisions of Sec. 86.110, the analytical system shall 
be configured to calculate THC for the US06 City phase and the US06 
Highway phase as described in Sec. 86.159-08.
    (d) SC03 Test Cycle. The test procedure for determining exhaust 
emissions with the air conditioner operating (see Sec. 86.160-00) is 
designed to determine gaseous exhaust emissions from light-duty vehicles 
and light-duty trucks while simulating an urban trip during ambient 
conditions of 95 [deg]F, 100 grains of water/pound of dry air 
(approximately 40 percent relative humidity), and a solar heat load 
intensity of 850 W/m\2\. The full test consists of vehicle 
preconditioning (see Sec. 86.132-00 paragraphs (o)(1) and (2)), an 
engine key-off 10 minute soak, an engine start, and operation over the 
SC03 cycle. A proportional part of the diluted exhaust is collected 
continuously during the engine start and the SC03 driving cycle for 
subsequent analysis, using a constant volume (variable dilution) sampler 
or critical flow venturi sampler.
    (e) The emission results from the aggressive driving test (Sec. 
86.159-08), air conditioning test (Sec. 86.160-00), and FTP test (Sec. 
86.130-00 (a) through (d) and (f)) (conducted on a large single roll or 
equivalent dynamometer) are analyzed according to the calculation 
methodology in Sec. 86.164-08 and compared to the applicable SFTP 
emission standards in subpart S of this part.
    (f) These test procedures may be run in any sequence that maintains 
the applicable preconditioning elements specified in Sec. 86.132-00.

[71 FR 77920, Dec. 27, 2006]



Sec. 86.159-00  Exhaust emission test procedures for US06 emissions.

    (a) Overview. The dynamometer operation consists of a single, 600 
second test on the US06 driving schedule, as described in appendix I, 
paragraph (g), of this part. The vehicle is preconditioned in accordance 
with Sec. 86.132-00, to bring it to a warmed-up stabilized condition. 
This preconditioning is followed by a 1 to 2 minute idle period that 
proceeds directly into the US06 driving schedule during which continuous 
proportional samples of gaseous emissions are collected for analysis. If 
engine stalling should occur during cycle operation, follow the 
provisions of Sec. 86.136-90 (engine starting and restarting). For 
gasoline-fueled Otto-cycle vehicles, the composite samples collected in 
bags are analyzed for THC, CO, CO2, CH4, and 
NOX. For petroleum-fueled diesel-cycle vehicles, THC is 
sampled and analyzed continuously according to the provisions of Sec. 
86.110. Parallel bag samples of dilution air are analyzed for THC, CO, 
CO2, CH4, and NOX.
    (b) Dynamometer activities. (1) All official US06 tests shall be run 
on a large single roll electric dynamometer, or an approved equivalent 
dynamometer configuration, that satisfies the requirements of Sec. 
86.108-00.
    (2) Position (vehicle can be driven) the test vehicle on the 
dynamometer and restrain.
    (3) Required US06 schedule test dynamometer inertia weight class 
selections are determined by the test vehicles test weight basis and 
corresponding equivalent weight as listed in the tabular information of 
Sec. 86.129-94(a) and discussed in Sec. 86.129-00 (e) and (f).
    (4) Set the dynamometer test inertia weight and roadload horsepower 
requirements for the test vehicle (see Sec. 86.129-00 (e) and (f). The 
dynamometer's horsepower adjustment settings shall be set to match the 
force imposed during dynamometer operation with actual road load force 
at all speeds.

[[Page 657]]

    (5) The vehicle speed as measured from the dynamometer rolls shall 
be used. A speed vs. time recording, as evidence of dynamometer test 
validity, shall be supplied on request of the Administrator.
    (6) The drive wheel tires may be inflated up to a gauge pressure of 
45 psi (310 kPa), or the manufacturer's recommended pressure if higher 
than 45 psi, in order to prevent tire damage. The drive wheel tire 
pressure shall be reported with the test results.
    (7) The driving distance, as measured by counting the number of 
dynamometer roll or shaft revolutions, shall be determined for the test.
    (8) Four-wheel drive and all-wheel drive vehicles may be tested 
either in a four-wheel drive or a two-wheel drive mode of operation. In 
order to test in the two-wheel drive mode, four-wheel drive and all-
wheel drive vehicles may have one set of drive wheels disengaged; four-
wheel and all-wheel drive vehicles which can be shifted to a two-wheel 
mode by the driver may be tested in a two-wheel drive mode of operation.
    (9) During dynamometer operation, a fixed speed cooling fan with a 
maximum discharge velocity of 15,000 cfm will be positioned so as to 
direct cooling air to the vehicle in an appropriate manner with the 
engine compartment cover open. In the case of vehicles with front engine 
compartments, the fan shall be positioned within 24 inches (61 
centimeters) of the vehicle. In the case of vehicles with rear engine 
compartments (or if special designs make the above impractical), the 
cooling fan(s) shall be placed in a position to provide sufficient air 
to maintain vehicle cooling. The Administrator may approve modified 
cooling configurations or additional cooling if necessary to 
satisfactorily perform the test. In approving requests for additional or 
modified cooling, the Administrator will consider such items as actual 
road cooling data and whether such additional cooling is needed to 
provide a representative test.
    (c) The flow capacity of the CVS shall be large enough to virtually 
eliminate water condensation in the system.
    (d) Practice runs over the prescribed driving schedule may be 
performed at test point, provided an emission sample is not taken, for 
the purpose of finding the appropriate throttle action to maintain the 
proper speed-time relationship, or to permit sampling system adjustment.
    (e) Perform the test bench sampling sequence outlined in Sec. 
86.140-94 prior to or in conjunction with each series of exhaust 
emission measurements.
    (f) Test activities. (1) The US06 consists of a single test which is 
directly preceded by a vehicle preconditioning in accordance with Sec. 
86.132-00. Following the vehicle preconditioning, the vehicle is idled 
for not less than one minute and not more than two minutes. The 
equivalent dynamometer mileage of the test is 8.0 miles (1.29 km).
    (2) The following steps shall be taken for each test:
    (i) Immediately after completion of the preconditioning, idle the 
vehicle. The idle period is not to be less than one minute or not 
greater than two minutes.
    (ii) With the sample selector valves in the ``standby'' position, 
connect evacuated sample collection bags to the dilute exhaust and 
dilution air sample collection systems.
    (iii) Start the CVS (if not already on), the sample pumps, the 
temperature recorder, the vehicle cooling fan, and the heated THC 
analysis recorder (diesel-cycle only). The heat exchanger of the 
constant volume sampler, if used, petroleum-fueled diesel-cycle THC 
analyzer continuous sample line should be preheated to their respective 
operating temperatures before the test begins.
    (iv) Adjust the sample flow rates to the desired flow rate and set 
the gas flow measuring devices to zero.
    (A) For gaseous bag samples (except THC samples), the minimum flow 
rate is 0.17 cfm (0.08 liters/sec).
    (B) For THC samples, the minimum FID (or HFID in the case of diesel-
cycle vehicles) flow rate is 0.066 cfm (0.031 liters/sec).
    (C) CFV sample flow rate is fixed by the venturi design.
    (v) Attach the exhaust tube to the vehicle tailpipe(s).

[[Page 658]]

    (vi) Start the gas flow measuring device, position the sample 
selector valves to direct the sample flow into the exhaust sample bag, 
the dilution air sample bag, turn on the petroleum-fueled diesel-cycle 
THC analyzer system integrator, mark the recorder chart, and record both 
gas meter or flow measurement instrument readings, (if applicable).
    (vii) Place vehicle in gear after starting the gas flow measuring 
device, but prior to the first acceleration. Begin the first 
acceleration 5 seconds after starting the measuring device.
    (viii) Operate the vehicle according to the US06 driving schedule, 
as described in appendix I, paragraph (g), of this part. Manual 
transmission vehicles shall be shifted according to the manufacturer 
recommended shift schedule, subject to review and approval by the 
Administrator. For further guidance on transmissions see Sec. 86.128-
00.
    (ix) Turn the engine off 2 seconds after the end of the last 
deceleration (i.e., engine off at 596 seconds).
    (x) Five seconds after the engine stops running, simultaneously turn 
off gas flow measuring device No. 1 (and the petroleum-fueled diesel 
hydrocarbon integrator No. 1 and mark the petroleum-fueled diesel 
hydrocarbon recorder chart if applicable) and position the sample 
selector valves to the ``standby'' position. Record the measured roll or 
shaft revolutions and the No. 1 gas meter reading or flow measurement 
instrument.
    (xi) As soon as possible, transfer the exhaust and dilution air bag 
samples to the analytical system and process the samples according to 
Sec. 86.140-94 obtaining a stabilized reading of the bag exhaust sample 
on all analyzers within 20 minutes of the end of the sample collection 
phase of the test.
    (xii) Immediately after the end of the sample period, turn off the 
cooling fan, close the engine compartment cover, disconnect the exhaust 
tube from the vehicle tailpipe(s), and drive the vehicle from 
dynamometer.
    (xiii) The CVS or CFV may be turned off, if desired.

[61 FR 54894, Oct. 22, 1996, as amended at 70 FR 40434, July 13, 2005; 
70 FR 72928, Dec. 8, 2005]



Sec. 86.159-08  Exhaust emission test procedures for US06 emissions.

    (a) Overview. The dynamometer operation consists of a single, 600 
second test on the US06 driving schedule, as described in appendix I, 
paragraph (g), of this part. The vehicle is preconditioned in accordance 
with Sec. 86.132-00, to bring it to a warmed-up stabilized condition. 
This preconditioning is followed by a 1 to 2 minute idle period that 
proceeds directly into the US06 driving schedule during which continuous 
proportional samples of gaseous emissions are collected for analysis. 
US06 emissions may optionally be collected in two bag samples 
representing US06 City and US06 Highway emissions, as provided for in 
this section and in part 600 of this chapter. Emissions from seconds 0-
130 and seconds 495-596 are collected in one bag to represent US06 City 
emissions, and emissions from seconds 130-495 are collected in a second 
bag to represent US06 Highway emissions. If engine stalling should occur 
during cycle operation, follow the provisions of Sec. 86.136-90 (engine 
starting and restarting). For gasoline-fueled Otto-cycle vehicles, the 
composite samples collected in bags are analyzed for THC, CO, 
CO2, CH4, and NOX. For petroleum-fueled 
diesel-cycle vehicles, THC is sampled and analyzed continuously 
according to the provisions of Sec. 86.110. Parallel bag samples of 
dilution air are analyzed for THC, CO, CO2, CH4, 
and NOX.
    (b) Dynamometer activities. (1) All official US06 tests shall be run 
on a large single roll electric dynamometer, or an approved equivalent 
dynamometer configuration, that satisfies the requirements of Sec. 
86.108-00.
    (2) Position (vehicle can be driven) the test vehicle on the 
dynamometer and restrain.
    (3) Required US06 schedule test dynamometer inertia weight class 
selections are determined by the test vehicles test weight basis and 
corresponding equivalent weight as listed in the tabular information of 
Sec. 86.129-94(a) and discussed in Sec. 86.129-00 (e) and (f).
    (4) Set the dynamometer test inertia weight and roadload horsepower 
requirements for the test vehicle according to Sec. 86.129-00 (e) and 
(f). The

[[Page 659]]

dynamometer's horsepower adjustment settings shall be set to match the 
force imposed during dynamometer operation with actual road load force 
at all speeds.
    (5) The vehicle speed as measured from the dynamometer rolls shall 
be used. A speed vs. time recording, as evidence of dynamometer test 
validity, shall be supplied on request of the Administrator.
    (6) The drive wheel tires may be inflated up to a gauge pressure of 
45 psi (310 kPa), or the manufacturer's recommended pressure if higher 
than 45 psi, in order to prevent tire damage. The drive wheel tire 
pressure shall be reported with the test results.
    (7) The driving distance, as measured by counting the number of 
dynamometer roll or shaft revolutions, shall be determined for the test.
    (8) Four-wheel drive and all-wheel drive vehicles may be tested 
either in a four-wheel drive or a two-wheel drive mode of operation. In 
order to test in the two-wheel drive mode, four-wheel drive and all-
wheel drive vehicles may have one set of drive wheels disengaged; four-
wheel and all-wheel drive vehicles which can be shifted to a two-wheel 
mode by the driver may be tested in a two-wheel drive mode of operation.
    (9) During dynamometer operation, a fixed speed cooling fan with a 
maximum discharge velocity of 15,000 cfm will be positioned so as to 
direct cooling air to the vehicle in an appropriate manner with the 
engine compartment cover open. In the case of vehicles with front engine 
compartments, the fan shall be positioned within 24 inches (61 
centimeters) of the vehicle. In the case of vehicles with rear engine 
compartments (or if special designs make the above impractical), the 
cooling fan(s) shall be placed in a position to provide sufficient air 
to maintain vehicle cooling. The Administrator may approve modified 
cooling configurations or additional cooling if necessary to 
satisfactorily perform the test. In approving requests for additional or 
modified cooling, the Administrator will consider such items as actual 
road cooling data and whether such additional cooling is needed to 
provide a representative test.
    (c) The flow capacity of the CVS shall be large enough to virtually 
eliminate water condensation in the system.
    (d) Practice runs over the prescribed driving schedule may be 
performed at test point, provided an emission sample is not taken, for 
the purpose of finding the appropriate throttle action to maintain the 
proper speed-time relationship, or to permit sampling system adjustment.
    (e) Perform the test bench sampling sequence outlined in Sec. 
86.140-94 prior to or in conjunction with each series of exhaust 
emission measurements.
    (f) Test activities. (1) The US06 consists of a single test which is 
directly preceded by a vehicle preconditioning in accordance with Sec. 
86.132-00. Following the vehicle preconditioning, the vehicle is idled 
for not less than one minute and not more than two minutes. The 
equivalent dynamometer mileage of the test is 8.0 miles (1.29 km).
    (2) The following steps shall be taken for each test:
    (i) Immediately after completion of the preconditioning, idle the 
vehicle. The idle period is not to be less than one minute or greater 
than two minutes.
    (ii) With the sample selector valves in the ``standby'' position, 
connect evacuated sample collection bags to the dilute exhaust and 
dilution air sample collection systems.
    (iii) Start the CVS (if not already on), the sample pumps, the 
temperature recorder, the vehicle cooling fan, and the heated THC 
analysis recorder (diesel-cycle only). The heat exchanger of the 
constant volume sampler, if used, petroleum-fueled diesel-cycle THC 
analyzer continuous sample line should be preheated to their respective 
operating temperatures before the test begins.
    (iv) Adjust the sample flow rates to the desired flow rate and set 
the gas flow measuring devices to zero.
    (A) For gaseous bag samples (except THC samples), the minimum flow 
rate is 0.17 cfm (0.08 liters/sec).
    (B) For THC samples, the minimum FID (or HFID in the case of diesel-
cycle vehicles) flow rate is 0.066 cfm (0.031 liters/sec).

[[Page 660]]

    (C) CFV sample flow rate is fixed by the venturi design.
    (v) Attach the exhaust tube to the vehicle tailpipe(s).
    (vi) Start the gas flow measuring device, position the sample 
selector valves to direct the sample flow into the exhaust sample bag, 
the dilution air sample bag, turn on the petroleum-fueled diesel-cycle 
THC analyzer system integrator, mark the recorder chart, and record both 
gas meter or flow measurement instrument readings, (if applicable).
    (vii) Place vehicle in gear after starting the gas flow measuring 
device, but prior to the first acceleration. Begin the first 
acceleration 5 seconds after starting the measuring device.
    (viii) Operate the vehicle according to the US06 driving schedule, 
as described in appendix I, paragraph (g), of this part. Manual 
transmission vehicles shall be shifted according to the manufacturer 
recommended shift schedule, subject to review and approval by the 
Administrator. For further guidance on transmissions see Sec. 86.128-
00.
    (ix) Paragraphs (f)(2)(ix)(A) and (B) of this section apply to 
vehicles for which the manufacturer is collecting US06 City and US06 
Highway emissions for subsequent analysis according to the provisions of 
part 600 of this chapter. Vehicles for which emissions are being 
collected in a single continuous sample for subsequent analysis must be 
tested according to paragraph (x) of this section, and this paragraph 
(f)(2)(ix) will not apply.
    (A) At two seconds after the end of the deceleration which is 
scheduled to occur at 128 seconds (i.e., at 130 seconds), simultaneously 
switch the sample flows from the ``US06 City'' bags and samples to the 
``US06 Highway'' bags and samples, switch gas flow measuring device No. 
1 (and the petroleum-fueled diesel hydrocarbon integrator No. 1 and mark 
the petroleum-fueled diesel hydrocarbon recorder chart if applicable) to 
``standby'' mode, and start gas flow measuring device No. 2 (and the 
petroleum-fueled diesel hydrocarbon integrator No. 2 if applicable). 
Before the acceleration which is scheduled to occur at 136 seconds, 
record the measured roll or shaft revolutions.
    (B) At two seconds after the end of the deceleration which is 
scheduled to occur at 493 seconds (i.e., at 495 seconds), simultaneously 
switch the sample flows from the ``US06 Highway'' bags and samples to 
the ``US06 City'' bags and samples, switch off gas flow measuring device 
No. 2 (and the petroleum-fueled diesel hydrocarbon integrator No. 2 and 
mark the petroleum-fueled diesel hydrocarbon recorder chart if 
applicable), and start gas flow measuring device No. 1 (and the 
petroleum-fueled diesel hydrocarbon integrator No. 1 if applicable). 
Before the acceleration which is scheduled to occur at 500 seconds, 
record the measured roll or shaft revolutions and the No. 2 gas meter 
reading or flow measurement instrument. As soon as possible transfer the 
``US06 Highway'' exhaust and dilution air bag samples to the analytical 
system and process the samples according to Sec. 86.140-94 obtaining a 
stabilized reading of the bag exhaust sample on all analyzers within 20 
minutes of the end of the sample collection phase of the test.
    (x) Turn the engine off 2 seconds after the end of the last 
deceleration (i.e., engine off at 596 seconds).
    (xi) Five seconds after the engine stops running, simultaneously 
turn off gas flow measuring device No. 1 (and the petroleum-fueled 
diesel hydrocarbon integrator No. 1 and mark the petroleum-fueled diesel 
hydrocarbon recorder chart if applicable) and position the sample 
selector valves to the ``standby'' position. Record the measured roll or 
shaft revolutions and the No. 1 gas meter reading or flow measurement 
instrument.
    (xii) As soon as possible, transfer the exhaust and dilution air bag 
samples (or the US06 City exhaust and dilution air bag samples, if 
applicable) to the analytical system and process the samples according 
to Sec. 86.140-94 obtaining a stabilized reading of the bag exhaust 
sample on all analyzers within 20 minutes of the end of the sample 
collection phase of the test.
    (xiii) Immediately after the end of the sample period, turn off the 
cooling fan, close the engine compartment cover, disconnect the exhaust 
tube

[[Page 661]]

from the vehicle tailpipe(s), and drive the vehicle from dynamometer.
    (xiv) The CVS or CFV may be turned off, if desired.

[71 FR 77920, Dec. 27, 2006]



Sec. 86.160-00  Exhaust emission test procedure for SC03 emissions.

    (a) Overview. The dynamometer operation consists of a single, 600 
second test on the SC03 driving schedule, as described in appendix I, 
paragraph (h), of this part. The vehicle is preconditioned, in 
accordance with Sec. 86.132-00 of this subpart, to bring the vehicle to 
a warmed-up stabilized condition. This preconditioning is followed by a 
10 minute vehicle soak (engine off) that proceeds directly into the SC03 
driving schedule, during which continuous proportional samples of 
gaseous emissions are collected for analysis. The entire test, including 
the preconditioning driving, vehicle soak, and SC03 official test cycle, 
is either conducted in an environmental test facility or under test 
conditions that simulates testing in an environmental test cell (see 
Sec. 86.162-00 (a) for a discussion of simulation procedure approvals). 
The environmental test facility must be capable of providing the 
following nominal ambient test conditions of: 95 [deg]F air temperature, 
100 grains of water/pound of dry air (approximately 40 percent relative 
humidity), a solar heat load intensity of 850 W/m\2\, and vehicle 
cooling air flow proportional to vehicle speed. Section 86.161-00 
discusses the minimum facility requirements and corresponding control 
tolerances for air conditioning ambient test conditions. The vehicle's 
air conditioner is operated or appropriately simulated for the duration 
of the test procedure (except for the vehicle 10 minute soak), including 
the preconditioning. For gasoline-fueled Otto-cycle vehicles, the 
composite samples collected in bags are analyzed for THC, CO, 
CO2, CH4, and NOX. For petroleum-fueled 
diesel-cycle vehicles, THC is sampled and analyzed continuously 
according to the provisions of Sec. 86.110. Parallel bag samples of 
dilution air are analyzed for THC, CO, CO2, CH4, 
and NOX.
    (b) Dynamometer activities. (1) All official air conditioning tests 
shall be run on a large single roll electric dynamometer or an 
equivalent dynamometer configuration that satisfies the requirements of 
Sec. 86.108-00.
    (2) Position (vehicle can be driven) the test vehicle on the 
dynamometer and restrain.
    (3) Required SC03 schedule test dynamometer inertia weight class 
selections are determined by the test vehicles test weight basis and 
corresponding equivalent weight as listed in the tabular information of 
Sec. 86.129-00(a) and discussed in Sec. 86.129-00 (e) and (f).
    (4) Set the dynamometer test inertia weight and roadload horsepower 
requirements for the test vehicle (see Sec. 86.129-00 (e) and (f)). The 
dynamometer's horsepower adjustment settings shall be set such that the 
force imposed during dynamometer operation matches actual road load 
force at all speeds.
    (5) The vehicle speed as measured from the dynamometer rolls shall 
be used. A speed vs. time recording, as evidence of dynamometer test 
validity, shall be supplied at request of the Administrator.
    (6) The drive wheel tires may be inflated up to a gauge pressure of 
45 psi (310 kPa), or the manufacturer's recommended pressure if higher 
than 45 psi, in order to prevent tire damage. The drive wheel tire 
pressure shall be reported with the test results.
    (7) The driving distance, as measured by counting the number of 
dynamometer roll or shaft revolutions, shall be determined for the test.
    (8) Four-wheel drive and all-wheel drive vehicles may be tested 
either in a four-wheel drive or a two-wheel drive mode of operation. In 
order to test in the two-wheel drive mode, four-wheel drive and all-
wheel drive vehicles may have one set of drive wheels disengaged; four-
wheel and all-wheel drive vehicles which can be shifted to a two-wheel 
mode by the driver may be tested in a two-wheel drive mode of operation.
    (c) Vehicle and test activities for testing in a full environmental 
cell. The SFTP air conditioning test in an environmental test cell is 
composed of the following sequence of activities. Alternative procedures 
which appropriately

[[Page 662]]

simulate full environmental cell testing may be approved under the 
provisions of Sec. Sec. 86.162-00(a) and 86.163-00.
    (1) Drain and fill the vehicle's fuel tank to 40 percent capacity 
with test fuel. If a vehicle has gone through the drain and fuel 
sequence less than 72 hours previously and has remained under laboratory 
ambient temperature conditions, this drain and fill operation can be 
omitted (see Sec. 86.132-00(c)(2)(ii)).
    (2)(i) Position the variable speed cooling fan in front of the test 
vehicle with the vehicle's hood down. This air flow should provide 
representative cooling at the front of the test vehicle (air 
conditioning condenser and engine) during the SC03 driving schedule. See 
Sec. 86.161-00(e) for a discussion of cooling fan specifications.
    (ii) In the case of vehicles with rear engine compartments (or if 
this front location provides inadequate engine cooling), an additional 
cooling fan shall be placed in a position to provide sufficient air to 
maintain vehicle cooling. The fan capacity shall normally not exceed 
5300 cfm (2.50 m\3\/s). If, however, it can be demonstrated that during 
road operation the vehicle receives additional cooling, and that such 
additional cooling is needed to provide a representative test, the fan 
capacity may be increased or additional fans used if approved in advance 
by the Administrator.
    (3) Close all vehicle windows.
    (4) Connect the emission test sampling system to the vehicle's 
exhaust tail pipe(s).
    (5)(i) Set the environmental test cell ambient test conditions to 
the conditions defined in Sec. 86.161-00.
    (ii) Turn on the solar heating system.
    (iii) All vehicle test phases of preconditioning, soak, and the 
official SC03 test cycle are to be performed in this set of ambient test 
conditions.
    (6) Set the air conditioning system controls as follows:
    (i) A/C mode setting at Maximum.
    (ii) Airflow setting at Recirculate, if so equipped.
    (iii) Fan setting at Highest setting.
    (iv) A/C Temperature setting at full cool (for automatic systems set 
at 72 [deg]F).
    (v) Air conditioning controls should be placed in the ``on'' 
position prior to vehicle starting so that the air conditioning system 
is active whenever the engine is running.
    (7) Start the vehicle (with air conditioning system on) and conduct 
a preconditioning cycle as discussed in Sec. 86.132-00(o)(1).
    (i) If engine stalling should occur during any air conditioning test 
cycle operation, follow the provisions of Sec. 86.136-90 (Engine 
starting and restarting).
    (ii) For manual transmission vehicles, the vehicle shall be shifted 
according the provisions of Sec. 86.128-00.
    (8) Following the preconditioning cycle, the test vehicle (and 
consequently the air conditioning system) and cooling fan(s) are turned 
off and the vehicle is allowed to soak in the ambient conditions of 
paragraph (c)(5) of this section for 10 1 minutes.
    (9) Start engine (with air conditioning system also running). 
Fifteen seconds after the engine starts, place vehicle in gear.
    (10) Eighteen seconds after the engine starts, begin the initial 
vehicle acceleration of the driving schedule.
    (11) Operate the vehicle according to the SC03 driving schedule, as 
described in appendix I, paragraph (h), of this part.
    (12) Turn the engine off 2 seconds after the end of the last 
deceleration (i.e., engine off at 596 seconds).
    (d) Exhaust Emission Measurement Activities. The following 
activities are performed, when applicable, in order to meet the timing 
of the vehicle test and environmental facility activities.
    (1) Perform the test bench sampling calibration sequence outlined in 
Sec. 86.140-94 prior to or in conjunction with each series of exhaust 
emission measurements.
    (2) With the sample selector valves in the ``standby'' position, 
connect evacuated sample collection bags to the dilute exhaust and 
dilution air sample collection systems.
    (3) Start the CVS (if not already on), the sample pumps, the 
temperature recorder, the vehicle cooling fan, and the heated THC 
analysis recorder (diesel-cycle only). The heat exchanger of the 
constant volume sampler, if used, petroleum-fueled diesel-cycle THC 
analyzer continuous sample line should be

[[Page 663]]

preheated to their respective operating temperatures before the test 
begins.
    (4) Adjust the sample flow rates to the desired flow rate and set 
the gas flow measuring devices to zero.
    (i) For gaseous bag samples (except THC samples), the minimum flow 
rate is 0.17 cfm (0.08 liters/sec).
    (ii) For THC samples, the minimum FID (or HFID in the case of 
diesel-cycle vehicles) flow rate is 0.066 cfm (0.031 1/sec).
    (iii) CFV sample flow rate is fixed by the venturi design.
    (5) Attach the exhaust tube to the vehicle tailpipe(s).
    (6) Start the gas flow measuring device, position the sample 
selector valves to direct the sample flow into the exhaust sample bag, 
the dilution air sample bag, turn on the petroleum-fueled diesel-cycle 
THC analyzer system integrator, mark the recorder chart, and record both 
gas meter or flow measurement instrument readings, if applicable.
    (7) Start the engine (with air conditioning system also running). 
Fifteen seconds after the engine starts, place vehicle in gear.
    (8) Twenty seconds after the engine starts, begin the initial 
vehicle acceleration of the driving schedule.
    (9) Operate the vehicle according to the SC03 driving schedule.
    (10) Turn the engine off 2 seconds after the end of the last 
deceleration (i.e., engine off at 596 seconds).
    (11) Five seconds after the engine stops running, simultaneously 
turn off gas flow measuring device No. 1 (and the petroleum-fueled 
diesel hydrocarbon integrator No. 1 and mark the petroleum-fueled diesel 
hydrocarbon recorder chart if applicable) and position the sample 
selector valves to the ``standby'' position. Record the measured roll or 
shaft revolutions and the No. 1 gas meter reading or flow measurement 
instrument).
    (12) As soon as possible, transfer the exhaust and dilution air bag 
samples to the analytical system and process the samples according to 
Sec. 86.140 obtaining a stabilized reading of the bag exhaust sample on 
all analyzers within 20 minutes of the end of the sample collection 
phase of the test.
    (13) Immediately after the end of the sample period, turn off the 
cooling fan, disconnect the exhaust tube from the vehicle tailpipe(s), 
and drive the vehicle from dynamometer.
    (14) The CVS or CFV may be turned off, if desired.
    (e) NOX humidity correction. Calculated NOX 
exhaust emissions from air conditioning tests conducted in an 
environmental test cell at a nominal 100 grains of water/pound of dry 
air are to be corrected for humidity to 100 grains of water/pound of dry 
air (see the relationship of Sec. 86.164-00(d)).

[61 FR 54895, Oct. 22, 1996, as amended at 70 FR 40434, July 13, 2005; 
70 FR 72928, Dec. 8, 2005]



Sec. 86.161-00  Air conditioning environmental test facility ambient 
requirements.

    The goal of an air conditioning test facility is to simulate the 
impact of an ambient heat load on the power requirements of the 
vehicle's air conditioning compressor while operating on a specific 
driving cycle. The environmental facility control elements that are 
discussed are ambient air temperature and humidity, minimum test cell 
size, solar heating, and vehicle frontal air flow.
    (a) Ambient air temperature. (1) Ambient air temperature is 
controlled, within the test cell, during all phases of the air 
conditioning test sequence to 95 2 [deg]F on 
average and 95 5 [deg]F as an instantaneous 
measurement.
    (2) Air temperature is recorded continuously at a minimum of 30 
second intervals. Records of cell air temperatures and values of average 
test temperatures are maintained by the manufacturer for all 
certification related programs.
    (b) Ambient humidity. (1) Ambient humidity is controlled, within the 
test cell, during all phases of the air conditioning test sequence to an 
average of 100 5 grains of water/pound of dry air.
    (2) Humidity is recorded continuously at a minimum of 30 second 
intervals. Records of cell humidity and values of average test humidity 
are maintained by the manufacturer for all certification related 
programs.
    (c) Minimum test cell size. (1) The recommended minimum 
environmental

[[Page 664]]

exhaust emission test cell size is width 20 feet, length 40 feet, and 
height 10 feet.
    (2) Test cells with smaller size dimensions may be approved by the 
Administrator if it can be shown that all of the ambient test condition 
performance requirements are satisfied.
    (d) Solar heat loading. (1)(i) Acceptable types of radiant energy 
emitters that may be used for simulating solar heat load are:
    (A) Metal halide;
    (B) Quartz halogen with dichroic mirrors; and
    (C) Sodium iodide.
    (ii) The Administrator will approve other types of radiant energy 
emitters if the manufacturer can show they satisfy the requirements of 
this section.
    (2) The height of the minimal cell size will dictate the type of 
radiant energy source that will satisfy the spectral distribution and 
uniformity definitions of this section.
    (3) Radiant energy specifications. (i) Simulated solar radiant 
energy intensity is determined as an average of the two points measured 
at:
    (A) Centerline of the test vehicle at the base of the windshield.
    (B) Centerline of the vehicle at the base of the rear window (truck 
and van location defined as bottom of vertical window or where an 
optional window would be located).
    (ii) The radiant energy intensity set point is 850 45 watts/square meter.
    (iii) The definition of an acceptable spectral distribution is 
contained in the following table:

                 Definition of the Spectral Distribution
------------------------------------------------------------------------
                                                    Percent of total
                                                        spectrum
            Band width (nanometers)            -------------------------
                                                Lower limit  Upper limit
                                                 (percent)    (percent)
------------------------------------------------------------------------
<320..........................................        0            0
 320-400......................................        0            7
400-780.......................................       45           55
780................................       35           53
------------------------------------------------------------------------
Note: Filter the UV region between 280 and 320 wave lengths.

    (iv) The angle of incidence of radiant energy is defined as 90 
degrees from the test cell floor.
    (v) The requirements for measuring the uniformity of radiant energy 
are:
    (A) The radiant energy uniformity tolerance is 15 percent of the radiant energy intensity set point of 
850 watts/square meter.
    (B) The uniformity of radiant energy intensity is measured at each 
point of a 0.5 meter grid over the entire footprint of the test vehicle 
at the elevation of one meter including the footprint edges.
    (C) Radiant energy uniformity must be checked at least every 500 
hours of emitter usage or every six months depending on which covers the 
shorter time period; and every time major changes in the solar 
simulation hardware occur.
    (vi) The radiant energy intensity measurement instrument 
specifications (minimum) are:
    (A) Sensitivity of 9 microvolts per watt/square meter;
    (B) Response time of 1 second;
    (C) Linearity of 0.5 percent; and
    (D) Cosine of 1 percent from normalization 0-
70 degree zenith angle.
    (e) Vehicle frontal air flow. The Administrator will approve frontal 
air flow based on ``blower in box'' technology as an acceptable 
simulation of environmental air flow cooling for the air conditioning 
compressor and engine, provided the following requirements are 
satisfied.
    (1) The minimum air flow nozzle discharge area must be equal or 
exceed the vehicle frontal inlet area. Optimum discharge area is 18 
square feet (4.25x4.25), however, other sizes can be used.
    (2) Air flow volumes must be proportional to vehicle speed. With the 
above optimum discharge size, the fan volume would vary from 0 cubic 
feet/minute (cfm) at 0 mph to approximately 95,000 cfm at 60 mph. If 
this fan is also the only source of cell air circulation or if fan 
operational mechanics make the 0 mph air flow requirement impractical, 
air flow of 2 mph or less will be allowed at 0 mph vehicle speed.
    (3) The fan air flow velocity vector perpendicular to the axial flow 
velocity vector shall be less than 10 percent of the mean velocity 
measured at fan speeds corresponding to vehicle speeds of 20 and 40 mph.

[[Page 665]]

    (4)(i) Fan axial air flow velocity is measured two feet from nozzle 
outlet at each point of a one foot grid over the entire discharge area.
    (ii) The uniformity of axial flow tolerance is 20 percent of the fan 
speeds corresponding to vehicle speeds of 20 and 40 mph.
    (5) The instrument used to verify the air velocity must have an 
accuracy of 2 percent of the measured air flow speed.
    (6) The fan discharge nozzle must be located 2 to 3 feet from the 
vehicle and 0 to 6 inches above the test cell floor during air 
conditioning testing. This applies to non-wind tunnel environmental test 
cells only.
    (7) The design specifications discussed in paragraphs (e)(1) through 
(e)(5) of this section must be verified by the manufacturer prior to 
conducting certification air conditioning tests.

[61 FR 54897, Oct. 22, 1996, as amended at 70 FR 40434, July 13, 2005]



Sec. 86.162-00  Approval of alternative air conditioning test 
simulations and descriptions of AC1 and AC2.

    The alternative air conditioning test procedures AC1 and AC2 are 
approved by the Administrator for all light-duty vehicles and light-duty 
trucks only for the model years of 2000, 2001, and 2002. To obtain 
Administrator approval of other simulation test procedures a 
manufacturer must satisfy the requirements of paragraph (a) of this 
section and meet the requirements of Sec. 86.163-00. Air conditioning 
tests AC1 and AC2 are simulations of the environmental test cell air 
conditioning test discussed in Sec. 86.160-00. AC1 simulates, in 
standard test cell ambient conditions and with the air conditioning off, 
the exhaust emission results of air conditioning operation in an 
environmental test cell by adding additional power requirements to 
roadload dynamometer requirements. AC2 simulates, in standard test cell 
ambient conditions and with the air conditioning controls in the heat 
position, the exhaust emission results of air conditioning operation in 
an environmental test cell by adding a heat load to the passenger 
compartment. The only differences between the test activities described 
in Sec. 86.160-00 and those for AC1 and AC2 occur as the result of how 
the effect of the environmental cell ambient test conditions, defined in 
Sec. 86.160-00(c)(5)(i), are simulated in a standard test cell nominal 
ambient conditions of 76 [deg]F and 50 grains of water/pound of dry air. 
Paragraph (a) of this section discusses the procedure by which a 
manufacturer can obtain Administrator approval of other air conditioning 
test simulation procedures. Paragraph (b) of this section describes the 
AC1 test procedure and paragraph (c) of this section describes the AC2 
test procedure.
    (a) Upon petition from a manufacturer or upon the Agency's own 
initiative, the Administrator will approve a simulation of the 
environmental cell for air conditioning test (SC03) described in Sec. 
86.160-00 providing that the procedure can be run by the Administrator 
for SEA and in-use enforcement testing and providing that the criteria 
of paragraphs (a)(1)(2), and (3) of this section are satisfied.
    (1) In deciding whether approvals will be granted, the Administrator 
may consider data showing how well the simulation matches environmental 
cell test data for the range of vehicles to be covered by the simulation 
including items such as the tailpipe emissions, air conditioning 
compressor load, and fuel economy.
    (2) The Administrator has approved test procedures AC1 and AC2 for 
only the model years of 2000, 2001, and 2002.
    (3) Excluding the AC1 and AC2 procedures described in paragraphs (b) 
and (c) of this section for model years 2000, 2001, and 2002, for any 
simulation approved under paragraph (a) of this section, the 
manufacturer must agree to be subject to an ongoing yearly correlation 
spot check as described in Sec. 86.163-00.
    (4) Once a simulation is approved and used by a manufacturer for 
testing for a given vehicle, EPA agrees to use the simulation test 
procedure for all official testing conducted on that vehicle by the 
Agency for certification, SEA, and recall purposes, excluding spot check 
testing and vehicles which fail the spot check criteria as described in 
Sec. 86.163-00.
    (5) EPA will moniter the aggregate results of spot check testing and 
full

[[Page 666]]

environmental test cells. If EPA determines, based on such aggregate 
results, that any simulation (other than the AC1 and AC2 procedures 
described in paragraphs (b) and (c) of this section for the 2000, 2001, 
and 2002 model years) is producing test results consistantly below those 
from a full environmental test cell, EPA may review its approval of the 
simulation.
    (b) AC1 test procedure. (1) Section 86.160-00(a) is applicable to 
the AC1 test procedure except for the discussion of the environmental 
test requirements. The AC1 test procedure simulates the effect of air 
conditioning operation in the environmental cell test conditions by 
adding the measured horsepower of the air conditioning system 
compressor, converted to an equivalent roadload component, to the normal 
dynamometer roadload horsepower.
    (2) Section 86.160-00(b) is applicable to the AC1 test procedure 
except that the dynamometer horsepower settings procedure of Sec. 
86.160-00(b)(4) is expanded to include a horsepower increase adjustment.
    (i) The following describes one acceptable method of obtaining the 
required compressor horsepower and the corresponding roadload equivalent 
horsepower adjustment. Air compressor horsepower is measured during a 
SC03 air conditioning test cycle while operating in an environmental 
test cell as described in Sec. 86.160-00.
    (A) Install an air conditioning (A/C) compressor with a strain-
gauged input shaft that measures shaft torque in foot pounds. Other 
measurement techniques that produce data that can be shown will estimate 
A/C compressor horsepower are also acceptable.
    (B) Obtain the engine crankshaft to A/C compressor pulley diameter 
(D) ratio (ACPR) as:

ACPR=D(crankshaft pulley)/D(A/C pulley)

    (C) Record the following parameters, as a function of accumulated 
time (t), at least once per second from second 0 to second 600 while 
driving the SC03 cycle with the air conditioning system operating.
    (1) Engine revolutions/minute (ERPMt).
    (2) Compressor input torque in foot pounds (CTt).
    (D) For each second of data recorded from paragraph (b)(2)(i)(C) of 
this section, calculate compressor horsepower (CHPt) as:

CHPt=(CTt)(ERPMt)(ACPR)/5252

    (E) For each second of accumulated time and the data of paragraph 
(b)(2)(i) (B) and (D) of this section, determine a value of air 
conditioning compressor roadload force (ACRFt) that is 
equivalent to the air conditioning compressor force on the engine as:

ACRFt=(CHPt)(375)/Vt.

where:

Vt equals vehicle SC03 cycle speed in miles per hour for each 
accumulated second of time, and 375 is a units constant to convert 
(ACRFt) to foot pounds of force.

    (F) Values of (ACRFt) at each second of time are added to 
the corresponding roadload dynamometer force requirements of Sec. 
86.129-00(e) to obtain an approximation of the force generated by the 
vehicle engine during a SC03 test in an environmental test cell.
    (ii) The method by which the values of (ACRFt) additional 
dynamometer load is applied by the dynamometer to the vehicle tire 
surface will vary with dynamometer design and its force simulation 
capabilities. If the dynamometer has grade simulation capabilities, 
increasing load by simulating varying grades is one acceptable method of 
applying (ACRFt) values.
    (iii) For those calculated values of (ACRFt) which exceed 
the force capacity of the dynamometer being used for simulation test, 
replace the calculated values with the maximum road force capacity of 
the dynamometer. The Administrator would normally not expect 
(ACRFt) values to exceed dynamometer capability for time 
periods of more than a second.
    (iv) Values of (ACRFt) for application to AC1 testing 
should be an average of at least two runs unless the manufacturer can 
demonstrate to the Administrator that one run repeatability is 
acceptable.
    (v) Values of (ACRFt) for application to AC1 testing are 
to be obtained for each vehicle and engine family combination. If only 
one vehicle configuration is selected to represent an engine family, the 
selected configuration is the vehicle expected to produce the

[[Page 667]]

highest air conditioning load requirements. A manufacturer may petition 
the Administrator to reduce the number of (ACRFt) test 
vehicles for their product line, if they can show that the highest air 
conditioning loads are covered with a lesser number than one per family.
    (vi) Test results, calculations, and dynamometer setting values 
associated with making these roadload determinations are to be retained 
by the manufacturer as part of their certification records.
    (3) Perform the SC03 air conditioning test sequence as described in 
Sec. 86.160-00(c) with the following exceptions:
    (i) The variable speed cooling fan of Sec. 86.160-00(c)(2)(ii) is 
replaced with the fixed speed cooling fan requirements of Sec. 86.159-
00(b).
    (ii) The position of vehicle windows is optional.
    (iii) The nominal ambient air test conditions of Sec. 86.160-
00(b)(5)(i) (A) and (B) are replaced with 76 [deg]F and 50 grains of 
water/pound of dry air and the solar heat load of Sec. 86.160-
00(b)(5)(i)(C) is omitted.
    (iv) The air conditioning system is not operated during the SC03 
test cycle. Operation of the air conditioning during preconditioning 
test cycles is optional.
    (4) Section 86.160-00(d) is applicable to the AC1 test procedure.
    (5) NOX humidity correction. Calculated NOX 
exhaust emissions from air conditioning tests conducted in a standard 
test cell at a nominal 50 grains of water/pound of dry air are corrected 
for humidity to 75 grains of water/pound of dry air (see the 
relationship of Sec. 86.144-94(c)(7)(iv)(B)).
    (c) AC2 test procedure. (1) section 86.160-00(a) is applicable the 
AC2 test procedure except for the discussion of the environmental test 
requirements. The AC2 test procedure simulates the effect of air 
conditioning operation in the environmental cell test conditions by 
adding heat from the vehicle's heating system to the interior of the 
passenger compartment.
    (2) Section 86.160-00(b) is applicable to the AC2 test procedure.
    (3) Section 86.160-00(c) is applicable except for the following:
    (i) Section 86.160-00(c)(3) is applicable except the drivers side 
front window is left open and all the others are closed.
    (ii) The nominal ambient air test conditions of Sec. 86.160-
00(b)(5)(i) (A) and (B) are replaced with 76 [deg]F and 50 grains of 
water/pound of dry air and the solar heat load of Sec. 86.160-
00(b)(5)(i)(C) is omitted.
    (iii) The control position instruction of Sec. 86.160-00(c)(6)(iv) 
is replaced with set the A/C temperature control to the highest warm 
position (maximum for automatic systems).
    (4) Section 86.160-00(d) is applicable to the AC2 test procedure.
    (5) NOx humidity correction. Calculated NOX exhaust 
emissions from air conditioning tests conducted in a standard test cell 
at a nominal 50 grains of water/pound of dry air are corrected for 
humidity to 75 grains of water/pound of dry air (see the relationship of 
Sec. 86.144-94(c)(7)(iv)(B)).

[61 FR 54898, Oct. 22, 1996]



Sec. 86.162-03  Approval of alternative air conditioning test 
simulations.

    (a) Upon petition from a manufacturer or upon the Agency's own 
initiative, the Administrator will approve a simulation of the 
environmental cell for air conditioning test (SC03) described in Sec. 
86.160-00 providing that the procedure can be run by the Administrator 
for SEA and in-use enforcement testing and providing that the following 
criteria are met:
    (1) In deciding whether approvals will be granted, the Administrator 
will consider data showing how well the simulation matches environmental 
cell test data for the range of vehicles to be covered by the simulation 
including items such as the tailpipe emissions, air conditioning 
compressor load, and fuel economy.
    (2) For any simulation approved under paragraph (a) of this section, 
the manufacturer must agree to be subject to an ongoing yearly 
correlation spot check as described in Sec. 86.163-00.
    (3) Once a simulation is approved and used by a manufacturer for 
testing for a given vehicle, EPA agrees to use the simulation test 
procedure for all official testing conducted on that vehicle by the 
Agency for certification, SEA, and recall purposes, excluding spot

[[Page 668]]

check testing and vehicles which fail the spot check criteria as 
described in Sec. 86.163-00.
    (4) EPA will moniter the aggregate results of spot check testing and 
full environmental test cells. If EPA determines, based on such 
aggregate results, that any simulation is producing test results 
consistantly below those from a full environmental test cell, EPA may 
review its approval of the simulation.
    (b) [Reserved]

[61 FR 54899, Oct. 22, 1996]



Sec. 86.163-00  Spot check correlation procedures for vehicles tested 
using a simulation of the environmental test cell for air conditioning 

emission testing.

    This section is applicable for vehicles which are tested using a 
simulation of the environmental test cell approved under the provisions 
of Sec. 86.162-00(a).
    (a) The Administrator may select up to five emission data vehicles 
(one emission data vehicle for small volume manufacturers), including 
vehicles submitted for running change approval, each model year for any 
manufacturer undergoing the spot checking procedures of this section.
    (b) Testing conducted under this section (including testing 
performed in an environmental test cell) will be considered as official 
data as described in Sec. 86.091-29 and used in determining compliance 
with the standards. Such testing must comply with all applicable 
emission standards of subpart A of this part. Retests for the purpose of 
emission compliance will be allowed using the procedures described in 
Sec. 86.091-29.
    (c) Spot check procedures. (1) Subject to the limitations of 
paragraphs (a) and (d)(2)(iii) of this section, the Administrator may 
require that one or more of the test vehicles which use a simulation 
rather than actual testing in an environmental test cell for air 
conditioning emission testing be submitted at a place the Administrator 
will designate for air conditioning emission testing in an environmental 
test cell as described in Sec. 86.160-00. The Administrator may order 
this testing to be conducted at a manufacturer facility. All 
manufacturers which use a simulation instead of environmental cell 
testing must have access to an environment test cell meeting the 
requirements of Sec. 86.161-00 to perform this testing.
    (2) An air conditioning emission test will be performed as described 
in Sec. 86.162-00 in a full environmental test cell.
    (i) The results of the original simulation test and the full 
environmental test cell required in paragraph (c)(1) of this section are 
compared. In order to pass the spot check, the test results must pass 
both the following two criteria:
    (A) The NOX emission results of the simulation test must 
be at least 85% of the NOX emission results of the 
environmental chamber test.
    (B) The fuel consumption of the simulation test must be at least 95% 
of the fuel consumption of the environmental chamber test.
    (ii) If either of two criteria of paragraph (c)(2)(i) of this 
section were not met, a retest is allowed. The manufacturer may elect to 
conduct either a retest of the simulation procedure or the environmental 
chamber testing. In order to pass the spot check, the test results must 
pass both the following two criteria using the retest test result.
    (A) The NOX emission results of the simulation test must 
be at least 85% of the NOX emission results of the 
environmental chamber test.
    (B) The fuel consumption of the simulation test must be at least 95% 
of the fuel consumption of the environmental chamber test.
    (iii) If either of the two criteria of paragraph (c)(2)(ii) of this 
section were not met, a second retest is allowed. The procedure not 
selected for the first retest must be used for the second retest, 
yielding two test results for each procedure. In order to pass the spot 
check, the test results must pass both the following two criteria using 
the average test result for each procedure:
    (A) The NOX emission results of the simulation test must 
be at least 85% of the NOX emission results of the 
environmental chamber test.
    (B) The fuel consumption of the simulation test must be at least 95% 
of the fuel consumption of the environmental chamber test.

[[Page 669]]

    (iv) If the spot check criteria have not passed after any of the 
initial test, the first retest, or the second retest the spot check is 
considered failed.
    (d) Consequences of failing a spot check. (1) If the emission 
results of the testing using the environmental test chamber passes all 
the applicable standards, those test results may be used to obtain a 
certificate of conformity.
    (2) The Administrator will allow up to 60 days for the manufacturer 
to supply additional data addressing the correlation of the simulation 
with a full environmental test cell.
    (i) If that data prove to the satisfaction of the Administrator that 
the simulation produces results that correlate sufficiently with the 
environmental test chamber, the Administrator may allow the continued 
use of the simulation.
    (ii) Otherwise, the Administrator will determine that the simulation 
fails to meet adequate correlation levels with full environmental 
testing. As a consequence of this finding, all future air conditioning 
emission testing on the population of vehicles represented by the 
failing-spot-check test vehicle (which may include past model year 
configurations) will be conducted using an environment chamber or a 
different (or corrected) approved simulation procedure.
    (iii) For each vehicle that fails a spot check, the Administrator 
may select up to two additional vehicles to test for the spot check that 
do not count against the five vehicle limit of paragraph (a) of this 
section.
    (e) EPA will monitor the aggregate results of spot check testing and 
full environmental test cells. If EPA determines, based on such 
aggregate results, that any simulation (other than the AC1 and AC2 
procedures described in paragraphs (b) and (c) of this section for the 
2000, 2001, and 2002 model years) is producing test results consistently 
below those from a full environmental test cell, EPA may review its 
approval of the simulation.

[61 FR 54899, Oct. 22, 1996]



Sec. 86.164-00  Supplemental Federal Test Procedure calculations.

    (a) The provisions of Sec. 86.144-94 (b) and (c) are applicable to 
this section except that the NOX humidity correction factor 
of Sec. 86.144-94(c)(7)(iv) must be modified when adjusting SC03 
environmental test cell NOX results to 100 grains of water 
(see paragraph (d) of this section). These provisions provide the 
procedures for calculating mass emission results of each regulated 
exhaust pollutant for the test schedules of FTP, US06, and SC03.
    (b) The provisions of Sec. 86.144-94(a) are applicable to this 
section. These provisions provide the procedures for determining the 
weighted mass emissions for the FTP test schedule (Ywm).
    (c)(1) When the test vehicle is equipped with air conditioning, the 
final reported test results for the SFTP composite (NMHC+NOX) 
and optional composite CO standards shall be computed by the following 
formulas.

(i) YWSFTP = 0.35(YFTP) + 0.37(YSC03) + 
0.28(YUS06)

    Where:
    (A) YWSFTP=Mass emissions per mile for a particular 
pollutant weighted in terms of the contributions from the FTP, SC03, and 
US06 schedules. Values of YWSFTP are obtained for each of the 
exhaust emissions of NMHC, NOX. and CO.
    (B) YFTP=Weighted mass emissions per mile (Ywm) based on 
the measured driving distance of the FTP test schedule.
    (C) YSC03=Calculated mass emissions per mile based on the 
measured driving distance of the SC03 test schedule.
    (D) YUS06=Calculated mass emissions per mile based on the 
measured driving distance of the US06 test schedule.
    (ii) Composite (NMHC=NOX) + YWSFTP(NMHC) 
WSFTP(NOX)

Where:
    (A) YWSFTP(NMHC)=results of paragraph (c)(1)(i) of this 
section for NMHC.
    (B) YWSFTP(NOX)=results of paragraph (c)(1)(i) 
of this section for NOX.
    (2) When the test vehicle is not equipped with air conditioning, the 
relationship of paragraph (c)(1)(i) of this section is:
    (i) YWSFTP=0.72(YFTP)+0.28(YUS06)

Where:

[[Page 670]]

    (A) YWSFTP=Mass emissions per mile for a particular 
pollutant weighted in terms of the contributions from the FTP and US06 
schedules. Values of YWSFTP are obtained for each of the 
exhaust emissions of NMHC, NOX. and CO.
    (B) YFTP=Weighted mass emissions per mile (Ywm) based on 
the measured driving distance of the FTP test schedule.
    (C) YUS06=Calculated mass emissions per mile based on the 
measured driving distance of the US06 test schedule.
    (ii) Composite (NMHC+NOX) = YWSFTP(NMHC) + 
YWSFTP(NOX)

Where:
    (A) YWSFTP(NMHC)=results of paragraph (c)(2)(i) of this 
section for NMHC.
    (B) YWSFTP(NOX)=results of paragraph (c)(2)(i) 
of this section for NOX.
    (d) The NOX humidity correction factor for adjusting 
NOX test results to the environmental test cell air 
conditioning ambient condition of 100 grains of water/pound of dry air 
is:

KH (100)=0.8825/[1-0.0047(H-75)]

Where:

H=measured test humidity in grains of water/pound of dry air.

[61 FR 54900, Oct. 22, 1996, as amended at 70 FR 40434, July 13, 2005]



Sec. 86.164-08  Supplemental Federal Test Procedure calculations.

    (a) The provisions of Sec. 86.144-94 (b) and (c) are applicable to 
this section except that the NOX humidity correction factor 
of Sec. 86.144-94(c)(7)(iv) must be modified when adjusting SC03 
environmental test cell NOX results to 100 grains of water 
according to paragraph (d) of this section. These provisions provide the 
procedures for calculating mass emission results of each regulated 
exhaust pollutant for the test schedules of FTP, US06, and SC03.
    (b) The provisions of Sec. 86.144-94(a) are applicable to this 
section. These provisions provide the procedures for determining the 
weighted mass emissions for the FTP test schedule (Ywm).
    (c)(1) When the test vehicle is equipped with air conditioning, the 
final reported test results for the SFTP composite (NMHC+NOX) 
and optional composite CO standards shall be computed by the following 
formulas.
    (i) YWSFTP = 0.35(YFTP) + 
0.37(YSC03) + 0.28(YUS06)
    Where:
    (A) YWSFTP = Mass emissions per mile for a particular 
pollutant weighted in terms of the contributions from the FTP, SC03, and 
US06 schedules. Values of YWSFTP are obtained for each of the 
exhaust emissions of NMHC, NOX and CO.
    (B) YFTP = Weighted mass emissions per mile 
(YWM) based on the measured driving distance of the FTP test 
schedule.
    (C) YSC03 = Calculated mass emissions per mile based on 
the measured driving distance of the SC03 test schedule.
    (D)(1) YUS06 = Calculated mass emissions per mile based 
on the measured driving distance of the US06 test schedule; or,
    (2) In the case of a 2-phase US06 test run according to the 
provisions of Sec. 86.159-08(f)(2)(ix) and part 600 of this chapter:
    YUS06 = Calculated mass emissions per mile, using the 
summed mass emissions of the ``US06 City'' phase (sampled during seconds 
1-130 and seconds 495-596 of the US06 driving schedule) and the ``US06 
Highway'' phase (sampled during seconds 130-495 of the US06 driving 
schedule), based on the measured driving distance of the US06 test 
schedule.
    (ii) Composite (NMHC+NOX) = YWSFTP(NMHC) + 
YWSFTP(NOX)
    Where:
    (A) YWSFTP(NMHC) = results of paragraph (c)(1)(i) of this 
section for NMHC.
    (B) YWSFTP(NOX) = results of paragraph 
(c)(1)(i) of this section for NOX.
    (2) When the test vehicle is not equipped with air conditioning, the 
final reported test results for the SFTP composite (NMHC+NOX) 
and optional composite CO standards shall be computed by the following 
formulas.
    (i) YWSFTP = 0.72(YFTP)+0.28(YUS06)
    Where:
    (A) YWSFTP = Mass emissions per mile for a particular 
pollutant weighted in terms of the contributions from the FTP and US06 
schedules. Values of YWSFTP are obtained for each of the 
exhaust emissions of NMHC, NOX and CO.
    (B) YFTP = Weighted mass emissions per mile (Ywm) based 
on the measured

[[Page 671]]

driving distance of the FTP test schedule.
    (C)(1) YUS06 = Calculated mass emissions per mile based 
on the measured driving distance of the US06 test schedule; or,
    (2) In the case of a 2-phase US06 test run according to the 
provisions of Sec. 86.159-08(f)(2)(ix) and part 600 of this chapter:
    YUS06 = Calculated mass emissions per mile, using the 
summed mass emissions of the ``US06 City'' phase (sampled during seconds 
1-130 and seconds 495-596 of the US06 driving schedule) and the ``US06 
Highway'' phase (sampled during seconds 130-495 of the US06 driving 
schedule), based on the measured driving distance of the US06 test 
schedule.
    (ii) Composite (NMHC+NOX) = YWSFTP(NMHC) + 
YWSFTP(NOX)
    Where:
    (A) YWSFTP(NMHC) = results of paragraph (c)(2)(i) of this 
section for NMHC.
    (B) YWSFTP(NOX) = results of paragraph 
(c)(2)(i) of this section for NOX.
    (d) The NOX humidity correction factor for adjusting 
NOX test results to the environmental test cell air 
conditioning ambient condition of 100 grains of water/pound of dry air 
is:

KH (100) = 0.8825/[1-0.0047(H-75)]

Where:

H = measured test humidity in grains of water/pound of dry air.

[71 FR 77922, Dec. 27, 2006]



 Subpart C_Emission Regulations for 1994 and Later Model Year Gasoline-
  Fueled New Light-Duty Vehicles, New Light-Duty Trucks and New Medium-
        Duty Passenger Vehicles; Cold Temperature Test Procedures

    Source: 57 FR 31916, July 17, 1992, unless otherwise noted.



Sec. 86.201-94  General applicability.

    (a) This subpart describes procedures for determining the cold 
temperature carbon monoxide (CO) emission from 1994 and later model year 
new gasoline-fueled light-duty vehicles and light-duty trucks.
    (b) All of the provisions of this subpart are applicable to testing 
conducted at a nominal temperature of 20 [deg]F (-7 [deg]C).
    (c) The provisions that are specially applicable to testing at 
temperatures between 25 [deg]F (-4 [deg]C) and 68 [deg]F (20 [deg]C) are 
specified in Sec. 86.246-94 of this subpart.



Sec. 86.201-11  General applicability.

    (a) This subpart describes procedures for determining the cold 
temperature carbon monoxide (CO) emissions from 1994 and later model 
year new gasoline-fueled light-duty vehicles and light-duty trucks, and 
for emissions sampling for determining fuel economy according to part 
600 of this chapter for 2011 and later model year new gasoline-fueled 
and diesel-fueled light-duty vehicles and light-duty trucks.
    (b) All of the provisions of this subpart are applicable to testing 
conducted at a nominal temperature of 20 [deg]F (-7 [deg]C).
    (c) The provisions that are specifically applicable to testing at 
temperatures between 25 [deg]F (-4 [deg]C) and 68 [deg]F (20 [deg]C) are 
specified in Sec. 86.246-94 of this subpart.

[71 FR 77922, Dec. 27, 2006]



Sec. 86.202-94  Definitions.

    The definitions in subpart A of this part apply to this subpart.



Sec. 86.203-94  Abbreviations.

    The abbreviations in subpart A of this part apply to this subpart.



Sec. 86.204-94  Section numbering; construction.

    (a) In the section number, the two digits following the hyphen 
designate the first model year for which a section is effective. A 
section remains effective until superseded.
    (b) Example. Section 86.204-94 applies to the 1994 and subsequent 
model years until superseded. If a Sec. 86.204-96 is promulgated it 
would take effect beginning with the 1996 model year; Sec. 86.204-94 
would apply to model years 1994 through 1995.

[[Page 672]]



Sec. 86.205-11  Introduction; structure of this subpart.

    (a) This subpart describes the equipment required and the procedures 
to follow in order to perform gaseous exhaust emission tests on 
gasoline-fueled and petroleum-fueled diesel cycle (where applicable 
under part 600 of this chapter) light-duty vehicles and light-duty 
trucks. Subpart A of this part sets forth testing requirements and test 
intervals necessary to comply with EPA certification procedures.
    (b) A section reference without a model year suffix refers to the 
section applicable for the appropriate model years.
    (c) Three topics are addressed in this subpart. Sections 86.206 
through 86.215 set forth specifications and equipment requirements; 
Sec. Sec. 86.216 through 86.226 discuss calibration methods and 
frequency; test procedures and data requirements are listed (in 
approximate order of performance) in Sec. Sec. 86.227 through 86.245.

[71 FR 77922, Dec. 27, 2006]



Sec. 86.205-94  Introduction; structure of this subpart.

    (a) This subpart describes the equipment required and the procedures 
to follow in order to perform gaseous exhaust emission tests on 
gasoline-fueled light-duty vehicles and light-duty trucks. Subpart A of 
this part sets forth testing requirements and test intervals necessary 
to comply with EPA certification procedures.
    (b) A section reference without a model year suffix refers to the 
section applicable for the appropriate model years.
    (c) Three topics are addressed in this subpart. Sections 86.206 
through 86.215 set forth specifications and equipment requirements; 
Sec. Sec. 86.216 through 86.226 discuss calibration methods and 
frequency; test procedures and data requirements are listed (in 
approximate order of performance) in Sec. Sec. 86.227 through 86.245.



Sec. 86.206-11  Equipment required; overview.

    This subpart contains procedures for exhaust emission tests on 
gasoline-fueled and petroleum-fueled diesel cycle (where applicable 
under part 600 of this chapter) light-duty vehicles and light-duty 
trucks. Equipment required and specifications are as follows:
    (a) Exhaust emission tests. Exhaust from gasoline-fueled and 
petroleum-fueled diesel cycle (where applicable under part 600 of this 
chapter) vehicles is tested for gaseous emissions using the Constant 
Volume Sampler (CVS) concept (Sec. 86.209). Equipment necessary and 
specifications appear in Sec. Sec. 86.208 through 86.214.
    (b) Fuel, analytical gas, and driving schedule specifications. Fuel 
specifications for exhaust emission testing for gasoline-fueled and 
petroleum-fueled diesel cycle vehicles are specified in Sec. 86.213. 
Analytical gases are specified in Sec. 86.214. The EPA Urban 
Dynamometer Driving Schedule (UDDS) for use in gasoline-fueled emission 
tests is specified in Sec. 86.115 and appendix I to this part.

[71 FR 77922, Dec. 27, 2006]



Sec. 86.206-94  Equipment required; overview.

    This subpart contains procedures for exhaust emission tests on 
gasoline-fueled light-duty vehicles and light-duty trucks. Equipment 
required and specifications are as follows:
    (a) Exhaust emission tests. Exhaust from gasoline-fueled vehicles is 
tested for gaseous emissions using the Constant Volume Sampler (CVS) 
concept (Sec. 86.209). Equipment necessary and specifications appear in 
Sec. Sec. 86.208 through 86.214.
    (b) Fuel, analytical gas, and driving schedule specifications. Fuel 
specifications for exhaust emission testing for gasoline-fueled vehicles 
are specified in Sec. 86.213. Analytical gases are specified in Sec. 
86.214. The EPA Urban Dynamometer Driving Schedule (UDDS) for use in 
gasoline-fueled emission tests is specified in Sec. 86.215 and appendix 
I to this part.



Sec. 86.207-94  [Reserved]



Sec. 86.208-94  Dynamometer.

    (a) For testing that is conducted by the Administrator, the 
dynamometer shall have a single roll with a nominal diameter of 48 
inches (1.22 meters), an electrical power absorption unit for

[[Page 673]]

simulation of road load power, flywheels or other means for simulating 
the inertia weight as specified in Sec. 86.229, and a roll or shaft 
revolution counter or other means for determining distance driven.
    (b) For certification testing that is conducted by the manufacturer, 
a dynamometer with different characteristics may be used provided cold 
CO emissions are not decreased.



Sec. 86.209-94  Exhaust gas sampling system; gasoline-fueled vehicles.

    The provisions of Sec. 86.109-90 apply to this subpart.



Sec. 86.210-08  Exhaust gas sampling system; Diesel-cycle vehicles
not requiring particulate emissions measurements.

    (a) General applicability. The exhaust gas sampling system 
requirements of Sec. 86.109-4 (which apply to Otto-cycle vehicles), 
also apply to diesel vehicles that are not required to undergo 
particulate measurement as allowed under Sec. 600.111-08(e) of this 
chapter, except that heated flame ionization detector (HFID), probe, 
sample lines and filters are required as described below.
    (1) Petroleum-fueled diesel-cycle vehicles require a heated flame 
ionization detector (HFID) (375 [deg]20 [deg]F 
(191 [deg]11 [deg]C)) sample for total hydrocarbon 
(THC) analysis. The HFID sample must be taken directly from the diluted 
exhaust stream through a heated probe and continuously integrated 
measurement of diluted THC is required. Unless compensation for varying 
mass flow is made, a constant mass flow system must be used to ensure a 
proportional THC measurement.
    (2) For natural gas-fueled and liquefied petroleum gas-fueled diesel 
vehicles either a heated flame ionization detector (HFID) 
[375[deg]20 [deg]F (191[deg]11 [deg]C)] or a non-heated flame ionization detector 
may be used for hydrocarbon analysis.
    (3) Other sampling systems may be used if shown to yield equivalent 
or superior results and if approved in advance by the Administrator.
    (b) Component description. The components necessary for petroleum-
fueled diesel vehicle exhaust sampling shall meet the following 
requirements:
    (1) The PDP system shall conform to all of the requirements listed 
for the exhaust gas PDP-CVS (Sec. 86.109-94(a)(3)).
    (2) The CFV-CVS sample system shall conform to all of the 
requirements listed for the exhaust gas EFC sample system (Sec. 86.109-
94(a)(5)).
    (3) The THC probe (when the THC probe is required) shall be:
    (i) Installed at a point where the dilution air and exhaust are well 
mixed.
    (ii) Heated and insulated over the entire length to maintain a 375 
[deg]20 [deg]F (191 [deg]11 
[deg]C) wall temperature.
    (iii) 0.19 in. (0.48 cm) minimum inside diameter.
    (4) It is intended that the THC probe be free from cold spots (i.e., 
free from spots where the probe wall temperature is less than 355 
[deg]F). This will be determined by a temperature sensor located on a 
section of the probe wall outside of the walls of the sampling system. 
The temperature sensor shall be insulated from any heating elements on 
the probe. The sensor shall have an accuracy and precision of 2 [deg]F (1.1 [deg]C).
    (5) The dilute exhaust gas flowing in the THC sample system shall 
be:
    (i) At 375 [deg]F10 [deg]F (191 [deg]C6 [deg]C) immediately before the heated filter. This 
will be determined by a temperature sensor located immediately upstream 
of the filter. The sensor shall have an accuracy and precision of 2 [deg]F (1.1 [deg]C).
    (ii) At 375 [deg]F10 [deg]F (191 [deg]C 6 [deg]C) immediately before the HFID. This will be 
determined by a temperature sensor located at the exit of the heated 
sample line. The sensor shall have an accuracy and precision of 2 [deg]F (1.1 [deg]C).
    (6) It is intended that the dilute exhaust gas flowing in the THC 
sample system be between 365 [deg]F and 385 [deg]F (185 [deg]C and 197 
[deg]C).
    (7) The requirements for the continuous HC measurement system are as 
follows:
    (i) The system must use an ``overflow'' zero and span system. In 
this type of system, excess zero or span gas spills out of the probe 
when zero and span checks of the analyzer are made. The ``overflow'' 
system may also be used to calibrate the HC analyzer per Sec. 
86.1321(b), although this is not required.
    (ii) No other analyzers may draw a sample from the continuous HC 
sample

[[Page 674]]

probe, line or system, unless a common sample pump is used for all 
analyzers and the sample line system design reflects good engineering 
practice.
    (iii) The overflow gas flow rates into the sample line shall be at 
least 105% of the sample system flow rate.
    (iv) The overflow gases shall enter the heated sample line as close 
as practicable to the outside surface of the CVS duct or dilution 
tunnel.

[71 FR 77922, Dec. 27, 2006]



Sec. 86.210-94  [Reserved]



Sec. 86.211-94  Exhaust gas analytical system.

    The provisions of Sec. 86.111-94 apply to this subpart, except that 
the NOX analyzer is optional. The exhaust gas analytical 
system must contain components necessary to determine hydrocarbons, 
carbon monoxide, carbon dioxide, methane, and formaldehyde. The exhaust 
gas analytical system is not required to contain components necessary 
for determining oxides of nitrogen.

[71 FR 77923, Dec. 27, 2006]



Sec. 86.212-94  [Reserved]



Sec. 86.213-04  Fuel specifications.

    Gasoline having the following specifications will be used by the 
Administrator except that the Administrator will not use gasoline having 
a sulfur specification higher than 0.0045 weight percent. Gasoline 
having the specifications set forth in the table in this section, or 
substantially equivalent specifications approved by the Administrator, 
may be used by the manufacturer except that the octane specification 
does not apply. In lieu of using gasoline having these specifications, 
the manufacturer may, for certification testing, use gasoline having the 
specifications specified in Sec. 86.113-04 provided the cold CO 
emissions are not decreased. Documentation showing that cold CO 
emissions are not decreased must be maintained by the manufacturer and 
must be made available to the Administrator upon request. The table 
listing the cold CO fuel specifications described in the text in this 
section follows:

                                       Table--Cold CO Fuel Specifications
----------------------------------------------------------------------------------------------------------------
                                                             Cold CO low octane value   Cold CO high octane \1\
                 Item                       ASTM test                or range                value or range
----------------------------------------------------------------------------------------------------------------
(RON+MON)/2, min.....................  D 2699               87.8.3                      eq>0.5
Sensitivity, min.....................  D 2699               7.5                        7.5
Distillation range:..................
  IBP, deg.F.........................  D 86                 76-96                      76-96
  10% point, deg.F...................  D 86                 98-118                     105-125
  50% point, deg.F...................  D 86                 179-214                    195-225
  90% point, deg.F...................  D 86                 316-346                    316-346
  EP, max, deg.F.....................  D 86                 413                        413
Sulfur, wt. %........................  D 3120               0.0015-0.008               0.0015-0.008
Phosphorous, g/U.S gal, max..........  D 3231               0.005                      0.005
Lead, g/gal, max.....................  ...................  0.01                       0.01
RVP, psi.............................  D 4953               11.5.3                      eq>.3
Hydrocarbon composition..............  D 1319
  Olefins, vol. pct..................  ...................  12.55.0                     eq>5.0
  Aromatics, vol. pct................  ...................  26.44.0                     eq>4.0
  Saturates..........................  ...................  Remainder                  Remainder.
----------------------------------------------------------------------------------------------------------------
\1\ Gasoline having these specifications may be used for vehicles which are designed for the use of high-octane
  premium fuel.


[65 FR 6850, Feb. 10, 2000]



Sec. 86.213-11  Fuel specifications.

    (a) Gasoline-fueled light-duty vehicles and light-duty trucks. 
Gasoline having the following specifications will be used by the 
Administrator except that the Administrator will not use gasoline having 
a sulfur specification higher than 0.0045 weight percent. Gasoline 
having the specifications set forth in the table in this section, or 
substantially equivalent specifications approved by the Administrator, 
may be used by the manufacturer except that the octane specification 
does not apply.

[[Page 675]]

In lieu of using gasoline having these specifications, the manufacturer 
may, for certification testing, use gasoline having the specifications 
specified in Sec. 86.113-04 provided the cold CO emissions are not 
decreased. Documentation showing that cold CO emissions are not 
decreased must be maintained by the manufacturer and must be made 
available to the Administrator upon request. The table listing the cold 
CO fuel specifications described in the text in this section follows:

                                       Table--Cold CO Fuel Specifications
----------------------------------------------------------------------------------------------------------------
                                                               Cold CO low octane      Cold CO high octane \1\
                Item                        ASTM test            value or range             value or range
----------------------------------------------------------------------------------------------------------------
(RON+MON)/2, min...................  D 2699................  87.8.3.                  eq>0.5.
Sensitivity, min...................  D 2699................  7.5...................  7.5.
Distillation range:
    IBP, deg.F.....................  D 86..................  76-96.................  76-96.
    10% point, deg.F...............  D 86..................  98-118................  105-125.
    50% point, deg.F...............  D 86..................  179-214...............  195-225.
    90% point, deg.F...............  D 86..................  316-346...............  316-346.
    EP, max, deg.F.................  D 86..................  413...................  413.
Sulfur, wt. %......................  D 3120................  0.0015-0.008..........  0.0015-0.008.
Phosphorous, g/U.S gal, max........  D 3231................  0.005.................  0.005.
Lead, g/gal, max...................  ......................  0.01..................  0.01.
RVP, psi...........................  D 4953................  11.5.3.                  eq>.3.
Hydrocarbon composition............  D 1319................
    Olefins, vol. pct..............  ......................  12.55.0.                 eq>5.0.
    Aromatics, vol. pct............  ......................  26.44.0.                 eq>4.0.
    Saturates......................  ......................  Remainder.............  Remainder.
----------------------------------------------------------------------------------------------------------------
\1\ Gasoline having these specifications may be used for vehicles which are designed for the use of high-octane
  premium fuel.

    (b) Petroleum-fueled diesel-cycle light-duty vehicles and light-duty 
trucks. Diesel test fuel used for cold temperature FTP testing under 
part 600 of this chapter must be a winter-grade diesel fuel as specified 
in ASTM D975-04c ``Standard Specification for Diesel Fuel Oils.'' 
(incorporated by reference, see Sec. 86.1) Such test fuel must also 
comply with the requirements of part 80 of this chapter. This 
incorporation by reference was approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies 
may be obtained from the American Society for Testing and Materials, 100 
Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959. 
Copies may be inspected at U.S. EPA Headquarters Library, EPA West 
Building, Constitution Avenue and 14th Street, NW., Room 3340, 
Washington DC, or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
call 202-741-6030, or go to: http://www.archives.gov/federal--register/
code--of--federal--regulations/ibr--locations.html. The Administrator 
may approve the use of a different diesel test fuel, provided that the 
level of kerosene added shall not exceed 20 percent.

[71 FR 77923, Dec. 27, 2006]



Sec. 86.213-94  Fuel specifications.

    Gasoline having the following specifications will be used by the 
Administrator. Gasoline having the specifications set forth in the table 
in this section, or substantially equivalent specifications approved by 
the Administrator, may be used by the manufacturer except that the 
octane specification does not apply. In lieu of using gasoline having 
these specifications, the manufacturer may, for certification testing, 
use gasoline having the specifications specified in Sec. 86.113-90 
provided the cold CO emissions are not decreased. Documentation showing 
that cold CO emissions are not decreased shall be maintained by the 
manufacturer and shall be made available to the Administrator upon 
request.

[[Page 676]]



                                       Table--Cold CO Fuel Specifications
----------------------------------------------------------------------------------------------------------------
                                                        Cold CO low octane value or    Cold CO high octane \1\
                Item                     ASTM test                 range                    value or range
----------------------------------------------------------------------------------------------------------------
(RON+MON)/2, min...................  D2699              87.8.3                        eq>0.5
Sensitivity, min...................  D2699              7.5                          7.5
Distillation range:
  IBP, [deg]F......................  D86                76-96                        76-96
  10% point, [deg]F................  D86                98-118                       105-125
  50% point, [deg]F................  D86                179-214                      195-225
  90% point, [deg]F................  D86                316-346                      316-346
  EP, max, [deg]F..................  D86                413                          413
Sulfur, wt. %......................  D3120              0.0350.015                     eq>0.015
Phosphorous, g/U.S gal, max........  D3231              0.005                        0.005
Lead, g/gal, max...................  .................  0.01                         0.01
RVP, psi...........................  D4953              11.5.3                        eq>.3
Hydrocarbon composition............  D1319              ...........................  ...........................
  Olefins, vol. pct................  .................  12.55.0                       eq>5.0
  Aromatics, vol. pct..............  .................  26.44.0                       eq>4.0
  Saturates........................  .................  Remainder                    Remainder
----------------------------------------------------------------------------------------------------------------
\1\ Gasoline having these specifications may be used for vehicles which are designed for the use of high-octane
  premium fuel.



Sec. 86.214-94  Analytical gases.

    The provisions of Sec. 86.114-94 apply to this subpart.



Sec. 86.215-94  EPA urban dynamometer driving schedule.

    The provisions of Sec. 86.115-78 apply to this subpart.



Sec. 86.216-94  Calibrations, frequency and overview.

    The provisions of Sec. 86.116-94 apply to this subpart.



Sec. 86.217-94  [Reserved]



Sec. 86.218-94  Dynamometer calibration.

    The provisions of Sec. 86.118-78 apply to this subpart.



Sec. 86.219-94  CVS calibration.

    The provisions of Sec. 86.119-90 apply to this subpart.



Sec. 86.220-94  [Reserved]



Sec. 86.221-94  Hydrocarbon analyzer calibration.

    The provisions of Sec. 86.121-90 apply to this subpart.



Sec. 86.222-94  Carbon monoxide analyzer calibration.

    The provisions of Sec. 86.122-78 apply to this subpart.



Sec. 86.223-94  Oxides of nitrogen analyzer calibration.

    The provisions of Sec. 86.123-78 apply to this subpart if 
NOX measurements are optionally made.



Sec. 86.224-94  Carbon dioxide analyzer calibration.

    The provisions of Sec. 86.124-78 apply to this subpart.



Sec. 86.225-94  [Reserved]



Sec. 86.226-94  Calibration of other equipment.

    The provisions of Sec. 86.126 apply to this subpart.



Sec. 86.227-94  Test procedures; overview.

    The provisions of Sec. 86.127-94 (a), (b), and (e) apply to this 
subpart.



Sec. 86.228-94  Transmissions.

    The provisions of Sec. 86.128-79 apply to this subpart.



Sec. 86.229-94  Road load force, test weight, and inertia weight 
class determination.

    (a) Flywheels, electrical forces, or other means of simulating test 
weight as shown in the table in this paragraph shall be used. If the 
equivalent test weight specified is not available on the dynamometer 
being used, the next higher equivalent test weight (not to exceed 250 
pounds) available shall be used. Light-duty vehicles over 5750 lbs.

[[Page 677]]

loaded vehicle weight shall be tested at a 5,500 lb. equivalent test 
weight.

------------------------------------------------------------------------
                                                  Equivalent    Inertia
                                                     test       weight
         Loaded vehicle weight (pounds)             weight       class
                                                   (pounds)    (pounds)
------------------------------------------------------------------------
Up-1,062........................................       1,000       1,000
1,063-1,187.....................................       1,125       1,000
1,188-1,312.....................................       1,250       1,250
1,313-1,437.....................................       1,375       1,250
1,438-1,562.....................................       1,500       1,500
1,563-1,687.....................................       1,625       1,500
1,688-1,812.....................................       1,750       1,750
1,813-1,937.....................................       1,875       1,750
1,938-2,062.....................................       2,000       2,000
2,063-2,187.....................................       2,125       2,000
2,188-2,312.....................................       2,250       2,250
2,313-2,437.....................................       2,375       2,250
2,438-2,562.....................................       2,500       2,500
2,563-2,687.....................................       2,625       2,500
2,688-2,812.....................................       2,750       2,750
2,813-2,937.....................................       2,875       2,750
2,938-3,062.....................................       3,000       3,000
3,063-3,187.....................................       3,125       3,000
3,188-3,312.....................................       3,250       3,000
3,313-3,437.....................................       3,375       3,500
3,438-3,562.....................................       3,500       3,500
3,563-3,687.....................................       3,625       3,500
3,688-3,812.....................................       3,750       3,500
3,813-3,937.....................................       3,875       4,000
3,938-4,125.....................................       4,000       4,000
4,126-4,375.....................................       4,250       4,000
4,376-4,625.....................................       4,500       4,500
4,626-4,875.....................................       4,750       4,500
4,876-5,125.....................................       5,000       5,000
5,126-5,375.....................................       5,250       5,000
5,376-5,750.....................................       5,500       5,500
5,751-6,250.....................................       6,000       6,000
6,251-6,750.....................................       6,500       6,500
6,751-7,250.....................................       7,000       7,000
7,251-7,750.....................................       7,500       7,500
7,751-8,250.....................................       8,000       8,000
8,251-8,750.....................................       8,500       8,500
8,751-9,250.....................................       9,000       9,000
9,251-9,750.....................................       9,500       9,500
9,751-10,000....................................      10,000      10,000
------------------------------------------------------------------------

    (b) A dynamometer which meets the specifications of Sec. 86.208-
94(a) shall be adjusted to simulate the operation of a vehicle on the 
road at 20 [deg]F (-7 [deg]C). Such adjustment may be based on a 
determination of the road load force profile at 20 [deg]F (-7 [deg]C). 
Alternatively, the adjustment may be based on a 10 percent decrease in 
the target coastdown time that is used for FTP testing.



Sec. 86.230-11  Test sequence: general requirements.

    (a) Sequence steps. Figure C94-1 of Sec. 86.230-94 shows the steps 
encountered as the test vehicle undergoes the procedures subsequently 
described, to determine conformity with the standards set forth.
    (b) Driving schedule. The Urban Dynamometer Driving Schedule (UDDS) 
test procedure (see Sec. 86.115 and appendix I to this part) is used 
for vehicle preconditioning and testing.
    (c) Ambient temperature level. (1) Ambient temperature levels 
encountered by the test vehicle shall average 20 [deg] 5 [deg]F (-7 [deg]C 2.8 [deg]C) 
and shall not be less than 10 [deg]F (-14 [deg]C) nor more than 30 
[deg]F (-1 [deg]C) during vehicle preconditioning, except for 
preconditioning performed in accordance with Sec. 86.232(a)(7), and 
during all emission testing.
    (2) The ambient temperature reported shall be a simple average of 
the test cell temperatures measured at constant intervals no more than 
one minute apart. Before the driving cycle may begin, the test cell 
temperature shall be 20 [deg]F 3 [deg]F (-7 [deg]C 
1.7 [deg]C) when measured in accordance with 
paragraph (e)(2) of this section. The temperature may not exceed 25 
[deg]F (-4 [deg]C) or fall below 15 [deg]F (-9 [deg]C) for more than 
three consecutive minutes during the test.
    (d) Vehicle positioning. The vehicle shall be approximately level 
during all phases of the test sequence to prevent abnormal fuel 
distribution.
    (e) Engine compartment cooling. (1) Fixed speed air cooling of the 
engine compartment with the compartment cover open shall be utilized 
during testing that is conducted by the Administrator and, optionally 
for certification testing, by the manufacturer. If a separate movable 
fan is used, it shall be squarely positioned within 12 inches (30.5 
centimeters) of the front of vehicles with front engine compartments. In 
the case of vehicles with rear engine compartments (or if special 
designs make the normal front engine positioning impractical), the 
cooling fan shall be placed in a position to provide sufficient air to 
maintain vehicle cooling. The fan capacity shall normally not exceed 
5,300 cfm (2.50 cubic meters per second). If, however, the manufacturer 
showed (as provided in Sec. 86.135-94(b)) that additional cooling is 
necessary, the fan capacity may be increased or additional fans used if 
approved in advance by the Administrator. The cooling air temperature 
shall be measured at the inlet to the fan.
    (2) In lieu of using a separate fan, an air handling system that is 
integral

[[Page 678]]

with the test cell may be used provided comparable air movement is 
obtained. The cooling air temperature shall be measured in the center of 
a vertical plane that is located approximately 2 feet in front of the 
vehicle.
    (3) The manufacturer may use, for certification testing, alternative 
engine compartment cooling fans or systems, including those which 
provide a variable air flow, if the manufacturer has determined that 
comparable results are obtained.
    (f) Heater and defroster usage. The vehicle interior climate control 
system shall be operated with the interior heating system on and the air 
flow directed to the mode that primarily defrosts the front window 
during the test. Air conditioning controls shall be set to the ``Off'' 
position. No supplemental auxiliary heat is permitted during the 
dynamometer procedure. The heater may be used at any temperature and fan 
settings during vehicle preconditioning. The manufacturer shall use the 
vehicle's controls to achieve the operation specified in this paragraph 
(f). The manufacturer shall use good engineering judgment and take into 
account engine control changes (e.g., engine-off logic, idle speed 
operation, spark advance changes) and engine control features that may 
be directly affected by the fan or temperature settings.
    (1) Manually controlled systems. (i) Prior to the first acceleration 
of the test at T=20 seconds the climate control settings shall be set as 
follows (these settings may be initiated prior to starting the vehicle 
if allowed by the vehicle's climate control system):
    (A) Temperature: Manually operated systems shall be set to maximum 
heat. Automatic systems optionally using the provisions of this 
paragraph (f)(1) shall be set to 72 degrees F or higher.
    (B) Fan speed: Full off, or if a full off position is not available, 
to the lowest available speed.
    (C) Airflow direction: Airflow directed to the front window (window 
defrost mode). Based on good engineering judgment, an alternative vent 
setting may be used if necessary to achieve the temperature and fan 
speed settings in this paragraph (f)(1).
    (D) Air source: If independently controllable, the airflow source 
control shall be set to the position which draws outside air.
    (ii) At the second idle of the test cycle, which occurs at the first 
deceleration to zero miles per hour at T=125 seconds, the fan speed 
shall be set to maximum, and, if not already set in this position, the 
airflow shall be directed fully to the front window in the window 
defrost mode. Temperature and air source settings shall remain as set in 
paragraph (f)(1) of this section. These settings shall be completed by 
T=130 seconds.
    (iii) At the sixth idle of the test cycle, which occurs at the 
deceleration to zero miles per hour at T=505 seconds, the fan speed 
shall be set to the lowest setting that maintains air flow. This setting 
shall be completed by T=510 seconds. Based on good engineering judgment, 
the manufacturer may use alternative vent and/or higher fan speed 
settings for the remainder of the test. Temperature and air source 
settings shall remain as set in paragraph (f)(1)(i) of this section for 
the remainder of the test.
    (2) Automatic systems. Automatic systems may use either the 
provisions in paragraph (f)(1) of this section or manufacturers may set 
the temperature at 72 degrees F and the air flow control to the front 
window defroster mode for the entire duration of the test.
    (3) Multiple-zone systems. For vehicles with separate driver and 
passenger controls, or for vehicles with separate controls for the front 
seating region and for the passenger region behind the driver, all sets 
of temperature and fan controls shall be set according to paragraphs 
(f)(1) through (f)(3) of this section.
    (4) Alternative test procedures. The Administrator may approve the 
use of other settings under Sec. 86.1840-01 if, for example, a 
vehicle's climate control system is not compatible with the provisions 
of this section.

[71 FR 77924, Dec. 27, 2006]

[[Page 679]]



Sec. 86.230-94  Test sequence: general requirements.

    (a) Sequence steps. Figure C94-1 shows the steps encountered as the 
test vehicle undergoes the procedures subsequently described, to 
determine conformity with the standards set forth.
[GRAPHIC] [TIFF OMITTED] TR06OC93.167


[[Page 680]]


    (b) Driving schedule. The Urban Dynamometer Driving Schedule (UDDS) 
test procedure (see Sec. 86.115 and appendix I to this part) is used 
for vehicle preconditioning and testing.
    (c) Ambient temperature level. (1) Ambient temperature levels 
encountered by the test vehicle shall average 20 [deg]F5 [deg]F (-7 [deg]C2.8 [deg]C) and 
shall not be less than 10 [deg]F (-14 [deg]C) nor more than 30 [deg]F (-
1 [deg]C) during vehicle preconditioning, except for preconditioning 
performed in accordance with Sec. 86.232(a)(7), and during all emission 
testing.
    (2) The ambient temperature reported shall be a simple average of 
the test cell temperatures measured at constant intervals no more than 
one minute apart. Before the driving cycle may begin, the test cell 
temperature shall be 20 [deg]F3 [deg]F (-7 
[deg]C1.7 [deg]C) when measured in accordance with 
paragraph (e)(2) of this section. The temperature may not exceed 25 
[deg]F (-4 [deg]C) or fall below 15 [deg]F (-9 [deg]C) for more than 
three consecutive minutes during the test.
    (d) Vehicle positioning. The vehicle shall be approximately level 
during all phases of the test sequence to prevent abnormal fuel 
distribution.
    (e) Engine compartment cooling. (1) Fixed speed air cooling of the 
engine compartment with the compartment cover open shall be utilized 
during testing that is conducted by the Administrator and, optionally 
for certification testing, by the manufacturer. If a separate movable 
fan is used, it shall be squarely positioned within 12 inches (30.5 
centimeters) of the front of vehicles with front engine compartments. In 
the case of vehicles with rear engine compartments (or if special 
designs make the normal front engine positioning impractical), the 
cooling fan shall be placed in a position to provide sufficient air to 
maintain vehicle cooling. The fan capacity shall normally not exceed 
5,300 cfm (2.50 cubic meters per second). If, however, the manufacturer 
showed (as provided in Sec. 86.135-94(b)) that additional cooling is 
necessary, the fan capacity may be increased or additional fans used if 
approved in advance by the Administrator. The cooling air temperature 
shall be measured at the inlet to the fan.
    (2) In lieu of using a separate fan, an air handling system that is 
integral with the test cell may be used provided comparable air movement 
is obtained. The cooling air temperature shall be measured in the center 
of a vertical plane that is located approximately 2 feet in front of the 
vehicle.
    (3) The manufacturer may use, for certification testing, alternative 
engine compartment cooling fans or systems, including those which 
provide a variable air flow, if the manufacturer has determined that 
comparable results are obtained.
    (f) Heater and defroster usage. The heater and defroster may be used 
at any temperature and fan settings.



Sec. 86.231-94  Vehicle preparation.

    The provisions of Sec. 86.131-90 apply to this subpart.



Sec. 86.232-94  Vehicle preconditioning.

    (a) The vehicle shall be moved to the test area and the following 
operations performed:
    (1) The fuel tank(s) shall be filled to approximately the prescribed 
``tank fuel volume'' with the test fuel specified Sec. 86.213. If the 
existing fuel in the fuel tank(s) does not meet the specifications 
contained in Sec. 86.213, the existing fuel must be drained prior to 
the fuel fill. The test fuel shall be at a temperature less than or 
equal to 60 [deg]F. For the operations in this paragraph (a)(1), the 
evaporative emission control system shall neither be abnormally purged 
nor abnormally loaded.
    (2) For operation on a 48-inch (1.22 metre) diameter single roll 
dynamometer, the drive wheel tires shall be inflated to the pressure 
recommended by the tire manufacturer. For operation on a twin-roll 
dynamometer, the drive wheel tires may be inflated to a gauge pressure 
of 40 psi (276 kPa). The drive wheel tire pressures shall be reported 
with the test results.
    (3) The fuel in the vehicle shall be stabilized at 20 F[deg]10 [deg]F (-7 [deg]C5.6 [deg]C) 
prior to the start of the driving cycle except when vehicle 
peconditioning is performed in accordance with paragraph (a)(7) of this 
section.

[[Page 681]]

    (4) The vehicle shall be placed, either by being driven or pushed, 
on a dynamometer and operated through one UDDS cycle.
    (5) For those unusual circumstances where additional preconditioning 
is desired by the manufacturer, such preconditioning may be allowed with 
the advance approval of the Administrator.
    (6) The Administrator may also choose to conduct additional 
preconditioning. The additional preconditioning shall consist of one or 
more driving cycles of the UDDS, as described in paragraph (a)(4) of 
this section.
    (7) The manufacturer may, for certification testing, precondition 
vehicles at temperatures above 20 [deg]F (-7 [deg]C) and with 
temperature tolerances greater than those specified in Sec. 86.230(a) 
if the manufacturer has determined that such preconditioning does not 
decrease CO emissions during the testing specified in Sec. 86.237.
    (b) Within five minutes of completion of preconditioning, the 
vehicle shall be shut off. During this five minute period, the vehicle 
shall not experience ambient temperatures less than 10 [deg]F (-12 
[deg]C) nor more than 30 [deg]F (-1 [deg]C).
    (c) One of the following two methods shall be utilized to stabilize 
the vehicle before the emissions test:
    (1) Storing at cold temperatures. The vehicle shall be stored for 
not less than 12 hours nor for more than 36 hours prior to the cold 
start exhaust test. The ambient temperature (dry bulb) during this 
period shall be maintained at an average temperature of 20 [deg]F5 [deg]F (-7 [deg]C2.8 [deg]C) 
during each hour of this period and shall not be less than 10 [deg]F (-
12 [deg]C) nor more than 30 [deg]F (-1 [deg]C). The ambient temperature 
reported shall be a simple average of the test cell temperature measured 
at constant intervals no more than one minute apart. In addition, the 
temperature may not exceed 25 [deg]F (-4 [deg]C) or fall below 15 [deg]F 
(-9 [deg]C) for more than three consecutive minutes.
    (2) Force-cooling or warming. (i) The vehicle shall be stored for no 
more than 36 hours prior to cooling or warming for the cold start 
exhaust test. The vehicle shall not be stored at ambient temperatures 
which exceed 86 [deg]F (30 [deg]C) during this period.
    (ii) Vehicle cooling may be accomplished by either force-cooling or 
force-warming the vehicle to the test temperature. If cooling is 
augmented by fans, the fans shall be placed in a vertical position for 
maximum drive train and engine cooling, not primarily oil pan cooling. 
Fans shall not be placed under the vehicle.
    (iii) The ambient temperature need only be stringently controlled 
after the vehicle has been cooled to 20 [deg]F3 
[deg]F (-7 [deg]C1.7 [deg]C), as determined by a 
representative bulk oil temperature. A representative bulk oil 
temperature is the temperature of the oil measured near the middle of 
the oil, not at the surface or at the bottom of the oil pan. If two or 
more diverse locations in the oil are monitored, they must all meet the 
temperature requirements.
    (iv) The vehicle must be stored for at least one hour after it has 
been cooled to 20 [deg]F3 [deg]F (-7 [deg]C1.7 [deg]C) prior to the cold start exhaust test. The 
ambient temperature (dry bulb) during this period shall average 20 
[deg]F5 [deg]F (-7 [deg]C2.8 
[deg]C) and shall not be less than 10 [deg]F (-12 [deg]C) nor more than 
30 [deg]F (-1 [deg]C). In addition, the temperature may not exceed 25 
[deg]F (-4 [deg]C) or fall below 15 [deg]F (-9 [deg]C) for more than 
three consecutive minutes.
    (d) If the vehicle is stabilized at 20 [deg]F (-7 [deg]C) in a 
separate area and is moved through a warm area to the test cell, the 
vehicle must be restabilized in the test cell for at least six times the 
period the vehicle is exposed to warmer temperatures. The ambient 
temperature (dry bulb) during this period shall average 20 [deg]F5 [deg]F (-7 [deg]C2.8 [deg]C) and 
shall not be less than 10 [deg]F (-12 [deg]C) nor more than 30 [deg]F (-
1 [deg]C). In addition, the temperature may not exceed 25 [deg]F (-4 
[deg]C) or fall below 15 [deg]F (-9 [deg]C) for more than three 
consecutive minutes. The maximum time for moving a vehicle through a 
warm area shall be 10 minutes.



Sec. Sec. 86.233-94--86.234-94  [Reserved]



Sec. 86.235-94  Dynamometer procedure.

    (a) Overview. The emission sampling is completed over two test 
sequences, a ``cold'' start test after a minimum 12-hour and a maximum 
36-hour soak according to the provisions of Sec. 86.232 and

[[Page 682]]

a ``hot'' start test following the ``cold'' start test by 10 minutes. 
Engine startup, operation over the UDDS, and engine shut-down make a 
complete cold start test. Engine startup and operation over the first 
505 seconds of the driving schedule complete the hot start test. The 
exhaust emissions are diluted with ambient air and a continuously 
proportional sample is collected for analysis during each phase. The 
composite samples collected in bags are analyzed for hydrocarbons, 
carbon monoxide, carbon dioxide, and, optionally, other pollutants. A 
parallel sample of the dilution air is similarly analyzed for carbon 
monoxide and, optionally, hydrocarbons, carbon dioxide, and oxides of 
nitrogen.
    (b) As long as an emission sample is not taken, practice runs over 
the prescribed driving schedule may be performed at test point for the 
purpose of finding the minimum throttle action to maintain the proper 
speed-time relationship or to permit sampling system adjustment.
    (c) Humidity should be set low enough to prevent condensation on the 
dynamometer rolls.
    (d) The dynamometer shall be warmed as recommended by the 
dynamometer manufacturer and using procedures or control methods that 
assure stability of the residual frictional horsepower.
    (e) The time between dynamometer warming and the start of the 
emission test shall be no longer than 10 minutes if the dynamometer 
bearings are not independently heated. If the dynamometer bearings are 
independently heated, the emission test shall begin no longer than 20 
minutes after dynamometer warming.
    (f) If the dynamometer horsepower must be adjusted manually, it 
shall be set within one hour prior to the exhaust emission test phase. 
The test vehicle shall not be used to make the adjustment. Dynamometers 
using automatic control of preselectable power settings may be set 
anytime prior to the beginning of the emission test.
    (g) The driving distance, as measured by counting the number of 
dynamometer roll or shaft revolutions, shall be determined for the 
transient cold start, stabilized cold start, and transient hot start 
phases of the test.
    (h) Four-wheel drive vehicles will be tested in a two-wheel drive 
mode of operation. Full-time four-wheel drive vehicles will have one set 
of drive wheels temporarily disengaged by the vehicle manufacturer. 
Four-wheel drive vehicles which can be manually shifted to a two-wheel 
drive mode will be tested in the normal on-highway two-wheel drive mode 
of operation.



Sec. 86.236-94  Engine starting and restarting.

    The provisions of Sec. 86.136 apply to this subpart.



Sec. 86.237-08  Dynamometer test run, gaseous emissions.

    (a) The complete dynamometer test consists of a cold start drive of 
approximately 7.5 miles (12.1 kilometers) and a hot start drive of 
approximately 3.6 miles (5.8 kilometers).
    (b) If the preconditioned vehicle is not already on the dynamometer, 
it shall be pushed into position.
    (c) The vehicle is allowed to stand on the dynamometer during the 
ten minute time period between the cold and hot start test. The cold 
start test is divided into two periods. The first period, representing 
the cold start ``transient'' phase, terminates at the end of the 
deceleration which is scheduled to occur at 505 seconds of the driving 
schedule. The second period, representing the ``stabilized'' phase, 
consists of the remainder of the driving schedule, including engine 
shutdown. The hot start test is identical to the first part or transient 
phase of the cold start test. Therefore, the hot start test terminates 
after the first period (505 seconds) is run.
    (d) The dynamometer run consists of two tests, a cold start test, 
after a minimum 12-hour and a maximum 36-hour soak according to the 
provisions of Sec. 86.132, and a hot start test following the cold 
start test by 10 minutes. The vehicle shall be stored prior to the 
emission test in such a manner that precipitation (e.g., rain or dew) 
does not occur on the vehicle. The complete dynamometer test consists of 
a cold start drive of 7.5 miles (12.1 km) and simulates a hot start 
drive of 7.5 miles

[[Page 683]]

(12.1 km). The vehicle is allowed to stand on the dynamometer during the 
10 minute time period between the cold and hot start tests. The cold 
start test is divided into two periods. The first period, representing 
the cold start ``transient'' phase, terminates at the end of the 
deceleration which is scheduled to occur at 505 seconds of the driving 
schedule. The second period, representing the ``stabilized'' phase, 
consists of the remainder of the driving schedule including engine 
shutdown. The hot start test, similarly, consists of two periods. The 
first period, representing the hot start ``transient'' phase, terminates 
at the same point in driving schedule as the first period of the cold 
start test. The second period of the hot start test, ``stabilized'' 
phase, is assumed to be identical to the second period of the cold start 
test. Therefore, the hot start test terminates after the first period 
(505 seconds) is run. Measurement of NOX and particulate 
matter is not required.
    (e) The following steps shall be taken for each test:
    (1) Place drive wheels of vehicle on dynamometer without starting 
engine.
    (2) Open the vehicle engine compartment cover and position the 
cooling fan.
    (3) For all vehicles, with the sample selector valves in the 
``standby'' position, connect evacuated sample collection bags to the 
dilute exhaust and dilution air sample collection systems.
    (4) For methanol-fueled vehicles, with the sample selector valves in 
the ``standby'' position, insert fresh sample collection impingers into 
the methanol sample collection system, fresh impingers or a fresh 
cartridge into the formaldehyde sample collection system and fresh 
impingers (or a single cartridge for formaldehyde) into the dilution air 
sample collection systems for methanol and formaldehyde (background 
measurements of methanol and formaldehyde may be omitted and 
concentrations assumed to be zero for calculations in Sec. 86.144).
    (5) Start the CVS (if not already on), the sample pumps (except the 
particulate sample pump, if applicable), the temperature recorder, the 
vehicle cooling fan, and the heated THC analysis recorder (diesel-cycle 
only). (The heat exchanger of the constant volume sampler, if used, 
petroleum-fueled diesel-cycle THC analyzer continuous sample line and 
filter, methanol-fueled vehicle THC, methanol and formaldehyde sample 
lines, if applicable, should be preheated to their respective operating 
temperatures before the test begins).
    (6) Adjust the sample flow rates to the desired flow rate and set 
the gas flow measuring devices to zero.
    (i) For gaseous bag samples (except THC samples), the minimum flow 
rate is 0.17 cfm (0.08 1/sec).
    (ii) For THC samples, the minimum FID (or HFID in the case of 
diesel-cycle and methanol-fueled Otto-cycle vehicles) flow rate is 0.066 
cfm (0.031 1/sec).
    (iii) For methanol samples, the flow rates shall be set such that 
the system meets the design criteria of Sec. 86.109 and Sec. 86.110. 
For samples in which the concentration in the primary impinger exceeds 
0.5 mg/l, it is recommended that the mass of methanol collected in the 
secondary impinger not exceed ten percent of the total mass collected. 
For samples in which the concentration in the primary impinger does not 
exceed 0.5 mg/l, analysis of the secondary impingers is not necessary.
    (iv) For formaldehyde samples, the flow rates shall be set such that 
the system meets the design criteria of Sec. 86.109 and Sec. 86.110. 
For impinger samples in which the concentration of formaldehyde in the 
primary impinger exceeds 0.1 mg/l, it is recommended that the mass of 
formaldehyde collected in the secondary impinger not exceed ten percent 
of the total mass collected. For samples in which the concentration in 
the primary impinger does not exceed 0.1 mg/l, analysis of the secondary 
impingers is not necessary.
    (7) Attach the exhaust tube to the vehicle tailpipe(s).
    (8) Start the gas flow measuring device, position the sample 
selector valves to direct the sample flow into the ``transient'' exhaust 
sample bag, the ``transient'' methanol exhaust sample, the ``transient'' 
formaldehyde exhaust sample, the ``transient'' dilution air sample bag, 
the ``transient'' methanol dilution air sample and the ``transient'' 
formaldehyde dilution air sample (turn on the petroleum-fueled

[[Page 684]]

diesel-cycle THC analyzer system integrator, mark the recorder chart and 
record both gas meter or flow measurement instrument readings, if 
applicable), turn the key on, and start cranking the engine.
    (9) Fifteen seconds after the engine starts, place the transmission 
in gear.
    (10) Twenty seconds after the engine starts, begin the initial 
vehicle acceleration of the driving schedule.
    (11) Operate the vehicle according to the Urban Dynamometer Driving 
Schedule (Sec. 86.115).

    Note: During particulate testing, if applicable, adjust the flow 
rate through the particulate sample probe to maintain a constant value 
within 5 percent of the set flow rate. Record the 
average temperature and pressure at the gas meter or flow instrument 
inlet. If the set flow rate cannot be maintained because of high 
particulate loading on the filter, the test shall be terminated. The 
test shall be rerun using a lower flow rate, or larger diameter filter, 
or both.

    (12) At the end of the deceleration which is scheduled to occur at 
505 seconds, simultaneously switch the sample flows from the 
``transient'' bags and samples to the ``stabilized'' bags and samples, 
switch off gas flow measuring device No. 1, switch off the No. 1 
petroleum-fueled diesel hydrocarbon integrator, mark the petroleum-
fueled diesel hydrocarbon recorder chart, start gas flow measuring 
device No. 2, and start the petroleum-fueled diesel hydrocarbon 
integrator No. 2. Before the acceleration which is scheduled to occur at 
510 seconds, record the measured roll or shaft revolutions and reset the 
counter or switch to a second counter. As soon as possible transfer the 
``transient'' exhaust and dilution air samples to the analytical system 
and process the samples according to Sec. 86.140 obtaining a stabilized 
reading of the bag exhaust sample on all analyzers within 20 minutes of 
the end of the sample collection phase of the test. Obtain methanol and 
formaldehyde sample analyses, if applicable, within 24 hours of the end 
of the sample collection phase of the test.
    (13) Turn the engine off 2 seconds after the end of the last 
deceleration (at 1,369 seconds).
    (14) Five seconds after the engine stops running, simultaneously 
turn off gas flow measuring device No. 2 and if applicable, turn off the 
hydrocarbon integrator No. 2, mark the hydrocarbon recorder chart and 
position the sample selector valves to the ``standby'' position (and 
open the valves isolating particulate filter No. 1, if applicable). 
Record the measured roll or shaft revolutions (both gas meter or flow 
measurement instrumentation readings), and reset the counter. As soon as 
possible, transfer the ``stabilized'' exhaust and dilution air samples 
to the analytical system and process the samples according to Sec. 
86.140, obtaining a stabilized reading of the exhaust bag sample on all 
analyzers within 20 minutes of the end of the sample collection phase of 
the test. Obtain methanol and formaldehyde sample analyses, if 
applicable, within 24 hours of the end of the sample period. (If it is 
not possible to perform analysis on the methanol and formaldehyde 
samples within 24 hours, the samples should be stored in a dark cold (4-
10 [deg]C) environment until analysis. The samples should be analyzed 
within fourteen days.)
    (15) Immediately after the end of the sample period, turn off the 
cooling fan and close the engine compartment cover.
    (16) Turn off the CVS or disconnect the exhaust tube from the 
tailpipe(s) of the vehicle.
    (17) Repeat the steps in paragraphs (b)(2) through (b)(2) of this 
section for the hot start test, except only two evacuated sample bags, 
two methanod sample impringers, and two formaldehyde sample impingers 
are required. The step in paragraph (b)(9) of this section shall begin 
between 9 and 11 minutes after the end of the sample period for the cold 
start test.
    (18) At the end of the deceleration which is scheduled to occur at 
505 seconds, simultaneously turn off gas flow measuring device No. 1 
(and the petroleum-fueled diesel hydrocarbon integrator No. 1, mark the 
petroleum-fueled diesel hydrocarbon recorder chart) and position the 
sample selector valve to the ``standby'' position. (Engine shutdown is 
not part of the hot start test sample period.) Record the measured roll 
or shaft revolutions (and the No. 1 gas meter reading or flow 
measurement instrument). (Carefully remove the third pair of particulate

[[Page 685]]

sample filters from its holder and place in a clean petri dish and 
cover, if applicable.)
    (19) As soon as possible, transfer the hot start ``transient'' 
exhaust and dilution air samples to the analytical system and process 
the samples according to Sec. 86.140, obtaining a stabilized reading of 
the exhaust bag sample on all analyzers within 20 minutes of the end of 
the sample collection phase of the test. Obtain methanol and 
formaldehyde sample analyses, if applicable, within 24 hours of the end 
of the sample period. (If it is not possible to perform analysis on the 
methanol and formaldehyde samples, within 24 hours the samples should be 
stored in a dark cold (4-10 [deg]C) environment until analysis. The 
samples should be analyzed within fourteen days.)
    (20) Disconnect the exhaust tube from the vehicle tailpipe(s) and 
drive the vehicle from dynamometer.
    (21) The CVS or CFV may be turned off, if desired.
    (22) Vehicles to be tested for evaporative emissions will proceed 
according to Sec. 86.138. For all others this completes the test 
sequence.

[71 FR 77925, Dec. 27, 2006]



Sec. 86.237-94  Dynamometer test run, gaseous emissions.

    (a) The complete dynamometer test consists of a cold start drive of 
approximately 7.5 miles (12.1 kilometers) and a hot start drive of 
approximately 3.6 miles (5.8 kilometers).
    (b) If the preconditioned vehicle is not already on the dynamometer, 
it shall be pushed into position.
    (c) The vehicle is allowed to stand on the dynamometer during the 
ten minute time period between the cold and hot start test. The cold 
start test is divided into two periods. The first period, representing 
the cold start ``transient'' phase, terminates at the end of the 
deceleration which is scheduled to occur at 505 seconds of the driving 
schedule. The second period, representing the ``stabilized'' phase, 
consists of the remainder of the driving schedule, including engine 
shutdown. The hot start test is identical to the first part or transient 
phase of the cold start test. Therefore, the hot start test terminates 
after the first period (505 seconds) is run.
    (d) The provisions of Sec. 86.137(b) apply to this subpart.



Sec. Sec. 86.238-94--86.239-94  [Reserved]



Sec. 86.240-94  Exhaust sample analysis.

    The provisions of Sec. 86.140 apply to this subpart.



Sec. 86.241-94  [Reserved]



Sec. 86.242-94  Records required.

    The provisions of Sec. 86.142-90 apply to this subpart.



Sec. 86.243-94  [Reserved]



Sec. 86.244-94  Calculations; exhaust emissions.

    The provisions of Sec. 86.144-94 apply to this subpart, except that 
NOX measurements are optional. Should NOX 
measurements be calculated, note that the humidity correction factor is 
not valid at colder temperatures. Light-duty vehicles and light-duty 
trucks must calculate and report the weighted mass of each relevant 
pollutant, i.e., THC, CO, THCE, NMHC, NMHCE, CH4, 
NOX, and CO2 in grams per vehicle mile.

[71 FR 77926, Dec. 27, 2006; 72 FR 7921, Feb. 21, 2007]



Sec. 86.245-94  [Reserved]



Sec. 86.246-94  Intermediate temperature testing.

    (a) This section is applicable to tests which are conducted at an 
intermediate temperature as defined in Sec. 86.094-2.
    (b) For testing during ambient temperatures of less than 50 [deg]F 
(10 [deg]C), the test procedure is identical to the test procedure that 
is used for testing at 20 [deg]F (-7 [deg]C) contained in 40 CFR part 
86, subpart C.
    (c) For testing at temperatures of 50 [deg]F (10 [deg]C) or higher, 
the FTP shall be used.

[[Page 686]]



Subpart D_Emission Regulations for New Gasoline-Fueled and Diesel-Fueled 
           Heavy-Duty Engines; Gaseous Exhaust Test Procedures

    Authority: Secs. 202, 206, 207, 208, 301(a), Clean Air Act, as 
amended (42 U.S.C. 1857f-1, 1857f-5, 1857f-5a, 1857f-6, 1857g(a)).

    Source: 42 FR 45154, Sept. 8, 1977, unless otherwise noted.



Sec. 86.301-79  Scope; applicability.

    This subpart contains gaseous emission test procedures for gasoline-
fueled and Diesel heavy-duty engines. It applies to 1979 and later model 
years.



Sec. 86.302-79  Definitions.

    The definitions in Sec. Sec. 86.077-2, 86.078-2, and 86.079-2 apply 
to this subpart.



Sec. 86.303-79  Abbreviations.

    The abbreviations in Sec. 86.078-3 apply to this subpart.



Sec. 86.304-79  Section numbering; construction.

    (a) The model year of initial applicability is indicated by the 
section number. The two digits following the hyphen designate the first 
model year for which a section is effective. A section remains effective 
until superseded.

    Example: Section 86.311-79 applies to the 1979 and subsequent model 
years until superseded. If a Sec. 86.311-81 is promulgated it would 
take effect beginning with the 1981 model year; Sec. 86.311-79 would 
apply to model years 1979 and 1980.

    (b) A section reference without a model year suffix refers to the 
section applicable for the appropriate model year.
    (c) Unless indicated, all provisions in this subpart apply to both 
gasoline-fueled and Diesel heavy-duty engines.



Sec. 86.305-79  Introduction; structure of subpart.

    (a) This subpart describes the equipment required and the procedures 
to follow in order to perform exhaust emission tests on gasoline-fueled 
and Diesel heavy-duty engines. Subpart A sets forth the testing 
requirements and test intervals necessary to comply with EPA 
certification procedures.
    (b) Four topics are addressed in this subpart. Sections 86.306 
through 86.318 set forth specifications and equipment requirements; 
Sec. Sec. 86.319 through 86.333 discuss calibration methods and 
frequency; test procedures and data requirements are listed (in 
approximately chronological order) in Sec. Sec. 86.334 through 86.343; 
and calculation formulas are found in Sec. Sec. 86.344 and 86.345. 
Alternative procedures and calculations are set forth in Sec. Sec. 
86.346 and 86.347.



Sec. 86.306-79  Equipment required and specifications; overview.

    (a) This subpart contains procedures for both gasoline-fueled and 
Diesel engine gaseous emission tests. Generally, the equipment required 
is identical for both types of engines. Equipment required and 
specifications are found in Sec. Sec. 86.307 through 86.318.
    (b) Some analyzer specifications refer to calibration checks found 
in Sec. Sec. 86.320 through 86.332.



Sec. 86.307-82  Fuel specifications.

    (a) Gasoline. (1) Gasoline having the following specifications will 
be used by the Administrator in exhaust emission testing. Gasoline 
having the following specifications or substantially equivalent 
specifications approved by the Administrator shall be used by the 
manufacturer in exhaust testing, except that the lead and octane 
specifications do not apply.

------------------------------------------------------------------------
       Item designation              ASTM         Leaded      Unleaded
------------------------------------------------------------------------
Octane, research, minimum....  D2699..........         100            96
PB (organic), grams/U.S.       ...............     \1\ 1.4     0.00-0.05
 gallon.
Distillation Range:
  IBP, [deg]F................  D86............       75-95         75-95
  10 pct point, [deg]F.......  D86............     120-135       120-135
  50 pct point, [deg]F.......  D86............     200-230       200-230
  90 pct point, [deg]F.......  D86............     300-325       300-325
  EP, [deg]F (maximum).......  D86............         415           415
Sulfur, weight percent,        D1266..........        0.10          0.10
 maximum.
Phosphorus, grams/U.S.         ...............        0.01         0.005
 gallon, maximum.
RVP pounds per square inch...  D323...........     8.0-9.2       8.0-9.2

[[Page 687]]

 
Hydrocarbon composition:
  Olefins, percent, maximum..  D1319..........          10            10
  Aromatics, percent maximum.  D1319..........          35            35
  Saturates..................  D1319..........       (\2\)         (\2\)
------------------------------------------------------------------------
\1\ Minimum. \2\ Remainder.

    (2) Gasoline representative of commercial gasoline which will be 
generally available through retail outlets shall be used in service 
accumulation. For leaded fuel the minimum lead content shall be equal to 
the average lead content found in regular leaded gasoline in the fuel 
survey prescribed by the Administrator. Where the Administrator 
determines that engines represented by a test engine will be operated 
using gasoline of different lead content from that prescribed in this 
paragraph, he may consent in writing to use of a gasoline with a 
different lead content. The octane rating of the gasoline used shall be 
no higher than 4.0 research octane numbers above the minimum recommended 
by the manufacturer and have a minimum sensitivity of 7.5 octane numbers 
for unleaded fuel and 7.0 octane numbers for leaded fuel, where 
sensitivity is defined as research octane number minus motor octane 
number.
    (b) Diesel Fuel. (1) The diesel fuels employed for testing shall be 
clean and bright, with pour and cloud points adequate for operability. 
The diesel fuel may contain nonmetallic additives as follows: Cetane 
improver, metal deactivator, antioxident, dehazer, antirust pour 
depressant, dye, and dispersant.
    (2) Diesel fuel meeting the following specifications, or 
substantially equivalent specifications approved by the Administrator, 
shall be used in exhaust emissions testing. The grade of diesel fuel 
recommended by the engine manufacturer commercially designated as ``Type 
1-D'' or ``Type 2-D'', shall be used.

------------------------------------------------------------------------
                                  ASTM test
             Item                 method No.      Type 1-D     Type 2-D
------------------------------------------------------------------------
Cetane Number................  D613, D86......        48-54        42-50
Distillation range:
  IBP, [deg]F................  ...............      330-390      340-400
  10 percent point, [deg]F...  ...............      370-430      400-460
  50 percent point, [deg]F...  ...............      410-480      470-540
  90 percent point, [deg]F...  ...............      460-520      550-610
  EP, [deg]F.................  ...............      500-560      580-660
Gravity, [deg]AP1............  D287...........        40-44        33-37
Total sulfur, percent........  D129 or D2622..    0.05-0.02      0.2-0.5
Hydrocarbon composition......  D1319..........  ...........  ...........
Aromatics, percent (minimum..  ...............        \1\ 8       \1\ 27
Paraffins, naphthenes,         ...............        (\2\)        (\2\)
 olefins.
Flashpoint, [deg]F (minimum).  D93............          120          130
Viscosity, centistokes.......  D445...........      1.6-2.0      2.0-3.2
------------------------------------------------------------------------
\1\ Minimum.
\2\ Remainder.

    (3) Diesel fuel meeting the following specifications, or 
substantially equivalent specifications approved by the Administrator, 
shall be used in service accumulation. The grade of diesel fuel 
recommended by the engine manufacturer, commercially designated as 
``Type 1-D'' or ``Type 2-D'', shall be used.

------------------------------------------------------------------------
                                  ASTM test
             Item                 method No.      Type 1-D     Type 2-D
------------------------------------------------------------------------
Cetane (minimum).............  D613...........        42-56        38-58
Distillation range 90 pct      D86............      440-530      540-630
 point, [deg]F.
Gravity, [deg]AP1............  D287...........        39-45        30-42
Total sulfur, percent........  D129 or D2622..         0.05          0.2
Flashpoint, [deg]F (minimum).  D96............          120          130
Viscosity, centistokes.......  D445...........      1.2-2.2      1.5-4.5
------------------------------------------------------------------------
\1\ Minimum.


[[Page 688]]

    (4) Other petroleum distillate fuels may be used for testing and 
service accumulation provided:
    (i) They are commercially available;
    (ii) Information, acceptable to the Administrator, is provided to 
show that only the designated fuel would be used in customer service;
    (iii) Use of a fuel listed under paragraphs (b) (2) and (3) of this 
section would have a detrimental effect on emissions or durability; and
    (iv) Written approval from the Administrator of the fuel 
specifications was provided prior to the start of testing.
    (5) The specification range of the fuels to be used under paragraphs 
(b) (2), (3), and (4) of this section shall be reported in accordance 
with Sec. 86.082-21(b)(3).
    (c) Fuels not meeting the specifications set forth in this section 
may be used only with the advance approval of the Administrator.

[46 FR 50494, Oct. 13, 1981, and 47 FR 49807, Nov. 2, 1982]



Sec. 86.308-79  Gas specifications.

    (a) Analyzer gases. (1) Calibration gases for the CO and 
CO2 analyzers shall have zero grade nitrogen as a diluent. 
Combined CO and CO2 span gases are permitted. Zero grade 
nitrogen shall be the diluent for CO and CO2 span gases.
    (2) Calibration or span gases for the hydrocarbon analyzer shall be 
propane with zero-grade nitrogen as a diluent when testing gasoline-
fueled engines. For Diesel engine tests the diluent shall be zero-grade 
air.
    (3) Calibration or span gases for the NOX analyzer shall 
be NO named as NOX with a maximum NO2 
concentration of 5 percent of the nominal value. Zero-grade nitrogen 
shall be the diluent.
    (4) Zero-grade gases for hydrocarbon analyzers shall be nitrogen 
when testing gasoline-fueled engines and air when testing Diesel 
engines.
    (5) Zero-grade gases for the carbon monoxide, carbon dioxide and 
oxides of nitrogen analyzers shall be either zero-grade air or zero-
grade nitrogen.
    (6) The allowable zero grade gas (air or nitrogen) impurity 
concentrations shall not exceed 2 ppmC hydrocarbon, 10 ppm carbon 
monoxide, 400 ppm carbon dioxide and 1 ppm nitric oxide.
    (7) ``Zero-grade air'' includes artificial ``air'' consisting of a 
blend of nitrogen and oxygen with oxygen concentrations between 18 and 
21 mole percent.
    (b) Calibration gas. Calibration gas values are to be derived from 
NBS ``Standard Reference Materials'' (SRM's) or other gas standards 
approved by the Administrator. The uncertainty of the assigned 
calibration gas values shall not exceed 2.0 percent of the assigned 
value. The uncertainty is defined as the sum of the precision errors (at 
the 90 percent confidence level) and the bias errors. Precision and bias 
errors apply to both the equipment and the derivation procedures.
    (c) Span gas. Span gas values are to be derived from NBS ``Standard 
Reference Materials'' (SRM's) or other gas standards approved by the 
Administrator. The uncertainty of the assigned calibration gas values 
shall not exceed 3.0 percent of the assigned value. The uncertainty is 
defined as the sum of the precision errors (at the 90 percent confidence 
level) and the bias errors. Precision and bias errors apply to both the 
equipment and the derivation procedures.
    (d) Hydrocarbon analyzer fuel--(1) The fuel shall contain 40 2 percent hydrogen. The balance shall be helium. The 
mixture shall contain less than 2 ppmC hydrocarbon.
    (2) Alternate pure hydrogen fuel. Some HFID's are designed to 
operate on pure hydrogen. Generally the HFID fuel is incompatible with 
good relative hydrocarbon response.
    (i) For Diesel engines this fuel is not recommended. However, this 
fuel may be used if the engine manufacturer demonstrates, on each basic 
combustion system (i.e., 4 cycle DI, 2 cycle DI, 4 cycle pre-cup, etc.) 
that an HFID using this fuel produces comparable results to an HFID 
using 40% H2/60% He fuel. These data must be submitted to and 
approved by the Administrator prior to testing. Pure H2 fuel, 
that may be allowed for testing, must contain at least 99.0 percent 
hydrogen and contain less than 2 ppmC hydrocarbon.

[[Page 689]]

    (ii) For gasoline-fueled engines, pure hydrogen fuel for the HFID is 
not allowed.
    (e) Hydrocarbon analyzer burner air. The concentration of oxygen 
must be within 1 mole percent of the oxygen concentration of the burner 
air used in the latest oxygen interference check (%O2 I). If 
the difference in oxygen concentration is greater than 1 mole percent, 
then the oxygen interference must be checked and the analyzer adjusted 
if necessary, to meet the %O2 I requirements. The burner air 
must contain less than 2 ppmC hydrocarbon.
    (f) Oxygen interference check gases shall contain propane with 350 
ppmC 75 ppmC hydrocarbon. The concentration value 
shall be determined to calibration gas tolerances by chromatographic 
analysis of total hydrocarbons plus impurities or by dynamic blending. 
Nitrogen shall be the predominant diluent with the balance oxygen. 
Blends required for gasoline-fueled and Diesel engine testing are as 
follows:

------------------------------------------------------------------------
                                   O2 concentration
          Applicability                (percent)            Balance
------------------------------------------------------------------------
Diesel..........................  21 (20 to 22).....  N2
Diesel and gasoline.............  10 (9 to 11)......  N2
    Do..........................  5 (4 to 6)........  N2
Gasoline........................  0 (0 to 1)........  N2
------------------------------------------------------------------------

    (g) Proportioning and blending devices may be used to obtain 
required gas concentration.

[42 FR 45154, Sept. 8, 1977, as amended at 46 FR 50495, Oct. 13, 1981; 
47 FR 49807, Nov. 2, 1982]



Sec. 86.309-79  Sampling and analytical system; schematic drawing.

    (a) Any variation from the specifications in this subpart including 
performance specifications and emission detection methods may be used 
only with prior approval by the Administrator.
    (b) Schematic drawing. (1) An example of a sampling and analytical 
system which may be used for testing under this subpart is shown in 
Figure D79-1. All components or parts of components that are wetted by 
the sample or corrosive calibration gases shall be either chemically 
cleaned stainless steel or inert material, e.g. polytetrafluoroethylene 
resin. The use of ``gauge savers'' or ``protectors'' with nonreactive 
diaphragms to reduce dead volumes is permitted. The specific detection 
methods to be used for each exhaust component can be found in Sec. 
86.316 for CO. Sec. 86.317 for HC, and Sec. 86.318 for NOX. 
Additional components such as instruments, valves, solenoids, pumps, 
switches, etc. may be employed to provide additional information and 
coordinate the functions of the component systems.
    (2) The following requirements must be incorporated in each system 
used for testing under this subpart.
    (i) All analyzers must obtain the sample to be analyzed from the 
same sample line.
    (ii) The sample transport system from the engine exhaust pipe to the 
HC analyzer and the NOX analyzer must be heated as is 
indicated in Figure D79-1.
    (iii) Carbon monoxide and carbon dioxide measurements must be made 
on a dry basis. Specific requirements for the means of drying the sample 
can be found in Sec. 86.309 (b)(5) and Sec. 86.311(e).
    (iv) All NDIR analyzers must have a pressure gauge immediately 
downstream of the analyzer. The gauge tap must be within 2 inches of the 
analyzer exit port. Gauge specifications can be found in Sec. 
86.309(b)(3).
    (v) All bypass and analyzer flows exiting the analysis system must 
be measured. Capillary flows such as in HFID and CL analyzers are 
excluded. For each ND IR analyzer with a flow meter located upstream of 
the analyzer, an upstream pressure gauge must be used. The gauge tap 
must be within 2 inches of the analyzer entrance port.
    (vi) Calibration or span gases for the NOX measurement 
system must pass through the NO2 to NO converter.
    (vii) The temperature of the NO2 to NO converter must be 
displayed continuously.

[[Page 690]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.168

    (c) System components list. The following is a list of components 
shown in Fig. D79-1 by numeric identifier.
    (1) Filters. Glass fiber filter paper is permitted for F1, F2, and 
F3. Optional filter F4 is a coarse filter for large particulates.

[[Page 691]]

    (i) F1--Fine particulate filter.
    (ii) F2--Fine particulate filter.
    (iii) F3--Fine heated particulate filter.
    (iv) F4--Coarse heated particulate filter.
    (2) Flowmeters. (i) Flowmeters FL 1 and FL 2 indicate sample flow 
rates through the CO and CO2 analyzers.
    (ii) Flowmeters FL 3, FL 4, FL 5, and FL 6 indicate bypass flow 
rates.
    (3) Gauges. Downstream gauges are required for any system used for 
testing under this subpart. Upstream gauges may be required under this 
subpart per Sec. 86.309(b)(2)(v).
    (i) Upstream gauges G1 and G2 measure the input to the CO and 
CO2 analyzers.
    (ii) Downstream gauges G3 and G4 measure the exit pressure of the CO 
and CO2 analyzers. If the normal operating range of the 
downstream gauges is less than 3 inches of water, then the downstream 
gauges must be capable of reading both pressure and vacuum.
    (4) Pressure gauges. (i) P1--bypass pressure.
    (ii) P2, P3, P4 and P5--sample or span pressure at inlet to flow 
control valves.
    (5) Water traps. Water traps WT1, and WT2 to remove water from the 
sample. A water trap performing the function of WT1 and meeting the 
specifications in Sec. 86.311(e) is required for any system used for 
testing under this subpart. Chemical dryers are not an acceptable method 
of removing the water. Water removal by condensation is acceptable. 
Means other than condensation may be used only with prior approval from 
the Administrator.
    (6) Regulators. (i) R1, R3, R4, and R6--linepressure regulators to 
control span pressure at inlet to flow control valves.
    (ii) R2 and R5--back presssure regulators to control sample pressure 
at inlet to flow control valves.
    (7) Valves. (i) V1, V7, V8, and V14--selector valves to select zero 
or calibration gases.
    (ii) V2--optional heated selector valve to purge the sample probe, 
perform leak checks, or to perform hang-up checks.
    (iii) V3 and V5--Selector valves to select sample or span gases.
    (iv) V4, V6, and V15--flow control valves.
    (v) V9 and V13--heated selector valve to select sample or span 
gases.
    (vi) V10 and V12--heated flow control valves.
    (vii) VII--Selector valve to select NOX or bypass mode in 
the chemiluminescence analyzer.
    (viii) V16--heated selector valve to perform leak checks.
    (8) Pump. Sample transfer pump to transport sample to analyzers.
    (9) Temperature sensor. A temperature sensor (T1) to measure the 
NO2 to NO converter temperature is required for any system 
used for testing under this subpart.
    (10) Dryer. Dryers D1 and D2 to remove the water from the bypass 
flows to prevent condensation in flowmeters FL3, FL4, and FL6.



Sec. 86.310-79  Sampling and analytical system; component specifications.

    (a) Temperature. (1) For gasoline-fueled engines any heated 
component;
    (i) In the HC sample path must be maintained above 110 [deg]C (230 
[deg]F) and shall not exceed 230 [deg]C (446 [deg]F).
    (ii) In the NOX sample path must be maintained above 60 
[deg]C (140 [deg]F) and shall not exceed 230 [deg]C (446 [deg]F).
    (2) For Diesel engines any heated component;
    (i) In the HC sample path must be maintained above 180 [deg]C (356 
[deg]F) and shall not exceed 230 [deg]C (446 [deg]F).
    (ii) In the NOX sample path must be maintained above 60 
[deg]C (140 [deg]F) and shall not exceed 230 [deg]C (446 [deg]F).

[[Page 692]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.169

    (3) The sample line outside wall temperature must be maintained at 
the temperature specified in this paragraph. An exception is made for 
the first 4 feet of sample line from the exhaust duct. The upper 
temperature tolerance for this 4 foot section is waived and only the 
minimum temperature specification applies.
    (b) Sample probe. (1) The sample probe shall be a straight, closed 
end, stainless steel, multi-hole probe. The Inside Diameter (I.D.) shall 
not be greater than the I.D. of the sample line (=.010 in.). The wall 
thickness of the probe shall not be greater than .040 inch. The fitting 
that attaches the probe to the exhaust pipe shall be as small as 
practical in order to minimize heat loss from the probe.
    (2) There shall be a minimum of three holes in the probe. The 
spacing of the radial planes for each hole in the probe must be such 
that they cover approximately equal cross-sectional areas of the exhaust 
duct. The angular spacing of the holes must be approximately equal. The 
angular spacing of any two holes in one plane may not be 180[deg] 20[deg] (i.e., section C-C of Figure D79-2). The holes 
should be sized such that each has approximately the same flow. If only 
three holes are used, they may not all be in the same radial plane. See 
Figure D79-2.
    (3) The probe shall extend radially across the exhaust duct. The 
probe must pass through the approximate center and must extend across at 
least 80 percent of the diameter of the duct.
    (c) Sample transfer. (1) The maximum I.D. of the sample line shall 
not exceed 0.52 inch.

[[Page 693]]

    (2) If valve V2 is used, the sample probe must connect directly to 
valve V2. The location of optional valve V2 may not be greater than 4 
feet from the exhaust duct.
    (3) The location of optional valve V16 may not be greater than 24 
inches from the sample pump. The leakage rate for this section on the 
pressure side of the sample pump may not exceed the leakage rate 
specification for the vacuum side of the pump.
    (d) Venting. All vents including analyzer vents, bypass flow, and 
pressure relief vents of regulators should be vented in such a manner to 
avoid endangering personnel in the immediate area.

[42 FR 45154, Sept. 8, 1977, as amended at 46 FR 50495, Oct. 13, 1981, 
and 47 FR 49807, Nov. 2, 1982]



Sec. 86.311-79  Miscellaneous equipment; specifications.

    (a) Chart recorders. (1) The minimum chart speed allowed is 3 inches 
per minute for gasoline-fueled engines and 0.5 inches per minute for 
Diesel engines.
    (2) When testing gasoline-fueled engines all chart recorders 
(analyzers, torque, rpm, etc.) shall be provided with Automatic markers 
which indicate one second intervals. Preprinted chart paper (one second 
intervals) may be used in lieu of the automatic markers provided the 
correct chart speed is used.
    (b) Accuracy of temperature measurements. (1) The following 
temperature measurements shall be accurate to within 1.2 [deg]C:
    (i) Temperature measurements used in calculating the engine intake 
humidity:
    (ii) The temperature of the fuel in volume measuring flow rate 
devices;
    (iii) The temperature of the sample within the water trap(s).
    (2) All other temperature measurements shall be accurate within 2.5 
[deg]C.
    (c) Intake air humidity and temperature measurements. (1) Humidity 
conditioned air supply. Air that has had its absolute humidity altered 
is considered humidity-conditioned air. For this type of intake air 
supply, the humidity measurements must be made within the intake air 
supply system, and after the humidity conditioning has taken place.
    (2) Nonconditioned air supply. Humidity measurements in non-
conditioned intake air supply systems must be made in the intake air 
stream entering the supply system. Alternatively, the humidity 
measurements can be measured within the intake air supply stream.
    (3) Engine intake air temperature measurement must be made within 48 
inches of the engine. The measurement location must be made either in 
the supply system or in the air stream entering the supply system.
    (d) Sample component surface temperature. For each component (pump, 
sample line section, filters, etc.) in the heated portion of the 
sampling system that has a separate source of power or heating element, 
use engineering judgment to locate the coolest portion of that component 
and monitor the temperature at that location. If several components are 
within an oven, then only the surface temperature of the component with 
the largest thermal mass and the oven temperature need be measured.
    (e) If water is removed by condensation, the sample gas temperature 
or sample dew point must be monitored either within the water trap or 
downstream. It may not exceed 7 [deg]C (45 [deg]F).

[42 FR 45154, Sept. 8, 1977, as amended at 46 FR 50495, Oct. 13, 1981; 
47 FR 49807, Nov. 2, 1982]



Sec. 86.312-79  Dynamometer and engine equipment specifications.

    (a) Dynamometer. (1) The dynamometer test stand and other 
instruments for measurement of power output shall be accurate to within 
2 percent of point at all power settings above 10 percent of full-scale. 
Below 10 percent of full-scale the accuracy shall be within 5 percent of 
point. The dynamometer must be capable of performing the test cycle 
described in Sec. 86,335 or Sec. 86.336. Dynamometers used for testing 
gasoline-fueled engines must have sufficient motoring capability to meet 
the test requirements. A 60-tooth wheel in combination with a frequency 
counter shall be considered an absolute standard for engine speed.

[[Page 694]]

    (2) Dynamometer calibration weights. A minimum of 6 calibration 
weights for each range used are required. The weights must be equally 
spaced and traceable to within 0.5 percent of NBS weights. Laboratories 
located in foreign countries may certify calibration weights to local 
government bureau standards.
    (b) Engine cooling. Means of engine cooling which will maintain the 
engine operating temperatures (e.g., intake air, oil, water, etc.) at 
approximately the same temperature as specified by the manufacturer 
shall be used. Auxiliary fan(s) may be used to maintain engine cooling 
during operation on the dynamometer.
    (c) Exhaust system. (1) When testing gasoline-fueled engines:
    (i) A chassis-type exhaust system including muffler(s) shall be 
used. The exhaust system must have a single tail pipe. For engines 
designed for a dual exhaust system, a standard or specially fabricated 
``Y'' pipe may be used. The ``Y'' pipe may be located upstream of a 
single muffler or downstream of a single muffler or downstream of dual 
mufflers. The potential increase in backpressure due to the use of a 
single tail pipe instead of dual pipes may be compensated for by using 
larger than standard exhaust system components downstream of the ``Y'' 
pipe. For systems with the ``Y'' pipe upstream of the muffler, the 
backpressure at the exhaust manifold exit with the single exhaust system 
must be comparable to the standard dual exhaust system under the test 
conditions specified in Sec. 86.335.
    (ii) For all catalyst systems the distance from the exhaust manifold 
flange(s) to the catalyst shall be the same as in the vehicle 
configuration unless the manufacturer provides temperature data showing 
equivalent performance at another location.
    (iii) For catalyst systems, the probe shall be located in the single 
exhaust pipe and from 2 to 10 feet downstream of the catalyst(s) and at 
least 2 feet downstream of the ``Y'' intersection of any ``Y'' pipe (if 
used).
    (iv) For noncatalyst systems, the probe shall be located in the 
single exhaust pipe downstream of the muffler(s) and from 3 to 20 feet 
downstream from the exhaust manifold flange or turbocharger exit flange. 
The probe shall also be at least 2 feet downstream of the ``Y'' 
intersection of any ``Y'' pipe (if used).
    (v) For all exhaust systems, the probe shall be located at least 24 
inches from the end of the tail pipe. Additional exhaust pipe may be 
added to the tail pipe to meet the specification.
    (2) When testing Diesel engines, a noninsulated exhaust system 
extending 15 5 feet from the exhaust manifold, or 
the crossover junction in the case of Vee engines, shall be used. The 
exhaust back pressure must be within 0.2 inch Hg. of the upper limit at 
maximum rated horsepower, as established by the engine manufacturer in 
his sales and service literature for vehicle application. A conventional 
automotive muffler of a size and type commonly used with the engine 
being tested shall be employed in the exhaust system during smoke 
emission testing. The terminal 2 feet of the exhaust pipe shall be a 
circular cross section and be free of elbows and bends. The end of the 
pipe shall be cut off squarely. The terminal 2 feet of the exhaust pipe 
shall have a nominal inside diameter in accordance with the engine being 
tested, as specified below:

------------------------------------------------------------------------
                                                                Exhaust
                                                                 pipe
                  Maximum rated horsepower                      inside
                                                               diameter
                                                               (inches)
------------------------------------------------------------------------
Less than 101...............................................           2
101 to 200..................................................           3
201 to 300..................................................           4
301 or more.................................................           5
------------------------------------------------------------------------


[42 FR 45154, Sept. 8, 1977, as amended at 43 FR 52922, Nov. 14, 1978]



Sec. 86.313-79  Air flow measurement specifications; diesel engines.

    (a) The air flow measurement method used must have a range large 
enough to accurately measure the air flow over the engine operating 
range during the test. Overall measurement accuracy must be 2 percent of full-scale value of the measurement device 
for all modes except the idle and 2-percent modes. For the idle and 2-
percent modes, the measurement accuracy shall be 5 
percent or less of the full-scale value. The Administrator must be 
advised of the method used prior to testing.

[[Page 695]]

    (b) Corrections to the measured air mass-flow-rate shall be made 
when an engine system incorporates devices that add or subtract air mass 
(air injection, bleed air, etc.). The method used to determine the air 
mass from these devices shall be approved by the Administrator.
    (c) An engine air inlet system presenting an air inlet restriction 
within 1 inch of water of the upper limit for the engine operating 
condition which results in maximum air flow, as established by the 
engine manufacturer in his sales and service literature, for the Diesel 
engine being tested shall be used.



Sec. 86.314-79  Fuel flow measurement specifications.

    (a) The fuel flow rate measurement instrument must have a minimum 
accuracy of 1 percent of full-scale flow rate for 
each measurement range used. An exception for Diesel engines is allowed 
at the idle and 2-percent power points. For these modes, the minimum 
accuracy is 2 percent of full-scale flow rate for 
each measurement range used. The controlling parameters are the elapsed 
time measurement of the event and the weight or volume measurement. 
Restrictions on these parameters are:
    (1) The error in the elapsed time measurement of the event must not 
be greater than 1 percent of the absolute event time. This includes 
errors in starting and stopping the clock as well as the period of the 
clock.
    (2) For Diesel engines only, if the mass of fuel consumed is 
measured by discrete weights, then the error in the actual weight of the 
fuel consumed must not be greater than 1 percent 
of the measuring weight. An exception for Diesel engines is allowed at 
the idle and 2-percent power points. For these modes the error in the 
actual weight of the fuel consumed must not be greater than 2 percent of the measuring weight.
    (3) If the mass of fuel consumed is measured electronically (load 
cell, load beam, etc.), the error in the actual weight of fuel consumed 
must not be greater than 1 percent of the full-
scale value of the electronic device.
    (4) If the mass of fuel consumed is measured by volume flow and 
density, the error in the actual volume consumed must not be greater 
than 1 percent of the full-scale value of the 
volume measuring device.
    (b) For the devices that have varying mass scales (electronic 
weight, volume, density, etc.), measurements may not be used for 
calculations if the measurement is less than 20 percent of full scale.
    (c) Option. Complete flow-rate measurement systems may be used below 
20 percent of full-scale measurement as long as the combination of mass 
and time measurements indicate a flow rate that has an error of less 
than 5 percent of the absolute flow rate.



Sec. 86.315-79  General analyzer specifications.

    (a) Analyzer response time. The analyzer must respond to an 
instantaneous step change at the entrance to the analyzer with a 
response equal to 95 percent of that step change in 6.0 seconds or less 
on all ranges used. The step change shall be at least 60 percent of 
full-scale chart deflection. For NOX analyzers using a water 
trap, the response time increase due to the water trap and associated 
plumbing need not be included in the analyzer response time.
    (b) Precision. The precision of the analyzer must be no greater than 
1 percent of full-scale concentration for each 
range used above 155 ppm (or ppm C), or 2 percent 
for each range used below 155 ppm (or ppm C). The precision is defined 
as 2.5 times the standard deviation(s) of 10 repetitive responses to a 
given calibration or span gas.
    (c) Noise. The analyzer peak-to-peak response to zero and 
calibration or span gases over any 10-second period shall not exceed 2 
percent of full/scale chart deflection on all ranges used.
    (d) Zero drift. The analyzer zero-response drift during a 1-hour 
period shall be less than 2 percent of full-scale chart deflection on 
the lowest range used. The zero-response is defined as the mean response 
including noise to a zero-gas during a 30-second time interval.
    (e) Span drift. The analyzer span drift during a 1-hour period shall 
be less

[[Page 696]]

than 2 percent of full-scale chart deflection on the lowest range used. 
The analyzer span is defined as the difference between the span-response 
and the zero-response. The span-response is defined as the mean response 
including noise to a span gas during a 30-second time interval.

(Secs. 206, 301(a), Clean Air Act as amended (42 U.S.C. 7525, 7601(a)))

[42 FR 45154, Sept. 8, 1977, as amended at 44 FR 16917, Mar. 20, 1979]



Sec. 86.316-79  Carbon monoxide and carbon dioxide analyzer specifications.

    (a) Carbon monoxide and carbon dioxide measurements are to be made 
with nondispersive infrared (NDIR) an analyzers.
    (b) The use of linearizing circuits is permitted.
    (c) The minimum water rejection ratio (maximum CO 2 
interference) as measured by Sec. 86.321 shall be:
    (1) For CO analyzers, 1000:1.
    (2) For CO 2 analyzers, 100:1.
    (d) The minimum CO 2 rejection ratio (maximum 
CO 2 interference) as measured by Sec. 86.322 for CO 
analyzers shall be 5000:1.
    (e) Zero suppression. Various techniques of zero suppression may be 
used to increase readability, but only with prior approval by the 
Administrator.



Sec. 86.317-79  Hydrocarbon analyzer specifications.

    (a) Hydrocarbon measurements are to be made with a heated flame 
ionization detector (HFID) analyzer.
    (b) Option. A non-heated flame ionization detector (FID) that 
measures hydrocarbon emissions on a dry basis is permitted for gasoline-
fueled testing; Provided, That equivalency is demonstrated to the 
Administrator. With the exception of temperatures, all specifications 
contained in subpart D apply to the optional system.
    (c) The analyzer shall be fitted with a constant temperature oven 
housing the detector and sample-handling components. It shall maintain 
temperature with 2 [deg]C of the set point. The detector, oven, and 
sample-handling components within the oven shall be suitable for 
continuous operation at temperatures to 200 [deg]C.
    (d) Fuel and burner air shall conform to the specifications in Sec. 
86.308.
    (e) The percent of oxygen interference must be less than 3 percent, 
as specified in Sec. 86.331(d)(7).
    (f) Premixed burner air:
    (1) For Diesel engines, premixing a small amount of air with the 
HFID fuel prior to combustion within the HFID burner is not recommended 
as a means of improving oxygen interference (%O2 I). However, 
this procedure may be used if the engine manufacturer demonstrates on 
each basic combustion system (i.e., 4 cycle DI, 2 cycle DI, 4 cycle 
precup, etc.) that an HFID using this procedure produces comparable 
results to an HFID not using this procedure. These data must be 
submitted to the Administrator for his approval prior to testing.
    (2) For gasoline-fueled engines, premixing burner air with the HFID 
fuel is not allowed.



Sec. 86.318-79  Oxides of nitrogen analyzer specifications.

    (a) Oxides of nitrogen are to be measured with a chemiluminescense 
analyzer.
    (1) The NOX sample must be heated per Sec. 86.309(a) and 
Sec. 86.310(a) up to the NO2 to NO converter.
    (2) For high vacuum CL analyzers with heated capillary modules, 
supplying a heated sample to the capillary module is sufficient.
    (3) The NO2 to NO convertor efficiency shall be at least 
90 percent.
    (4) The quench interference must be less than 3.0 percent as 
measured in Sec. 86.327.
    (b) Option. The oxides of nitrogen may be measured with an NDIR 
analyzer system that meets the following specifications:
    (1) The system shall include an NO2 to NO converter, a 
water trap, and an NDIR analyzer in that order.
    (2) The NO2 to NO converter shall obtain a sample 
directly from the heated sample line.
    (3) The water trap shall meet the specifications in Sec. 86.311(e).
    (4) The NO NDIR analyzer shall be calibrated per Sec. 86.330.
    (5) The minimum water rejection ratio (maximum water interference)

[[Page 697]]

for the NO NDIR analyzer shall be 5,000:1 (see Sec. 86.321).
    (6) The minimum CO2 rejection ratio (maximum 
CO2 interference) for the NO NDIR analyzer shall be 30,000:1 
(see Sec. 86.322).



Sec. 86.319-79  Analyzer checks and calibrations; frequency and overview.

    (a) Prior to initial use and after major repairs, bench check each 
analyzer (see Sec. 86.320).
    (b) At least monthly during testing, check the NOX 
converter efficiency, as described in Sec. 86.332.
    (c) At least once every 30 days during testing, perform the 
following:
    (1) Leak check the pressure side of the system (see Sec. 86.328). 
If the option described in Sec. 86.328(b)(2) is used, a pressure leak 
check is not required.
    (2) Calibrate all analyzers (see Sec. Sec. 86.330 through 86.332).
    (3) Check the analysis system response time (see Sec. 86.329). If 
the option described in Sec. 86.329(b) is used, a response time check 
is not required.
    (4) Verify that the automatic data collection system (if used) meets 
the chart reading requirements found in Sec. 86.343.
    (5) Check the fuel flow measurement instrument to insure that the 
specifications in Sec. 86.314 are met. Flow meters of the tapered tube 
and float design (rotometers) or the balance beam principle need be 
checked only every 90 days.
    (d) At least once every 90 days during testing check the water 
rejection ratio and the CO2 rejection ratio on all NDIR 
analyzers (see Sec. Sec. 86.321 and 86.322).
    (e) At least once every 180 days during testing check the 
dynamometer test stand and power output instrumentation (see Sec. 
86.333).

[42 FR 45154, Sept. 8, 1977, as amended at 58 FR 58422, Nov. 1, 1993]



Sec. 86.320-79  Analyzer bench check.

    (a) Prior to initial use and after major repairs verify that each 
analyzer complies with the following specifications:
    (1) Response time (see Sec. 86.315(a)).
    (2) Precision (see Sec. 86.315(b)).
    (3) Noise (see Sec. 86.315(c)).
    (4) Zero drift (see Sec. 86.315(d)).
    (5) Span drift (see Sec. 86.315(e)).
    (6) Water rejection ratio, NDIR analyzers only (see Sec. Sec. 
86.316(c) and 86.318 (b)(5).
    (7) CO2 rejection ratio, NDIR analyzers only (see 
Sec. Sec. 86.316(d) and 86.318(b)(6)).
    (8) Quench check, CL analyzers only (see Sec. 86.327).
    (b) If a stainless steel NO2 to NO converter is used, 
condition all new or replacement converters. The conditioning consists 
of either purging the converter with air for a minimum of 4 hours or 
until the converter efficiency is greater than 90 percent. The converter 
must be at operational temperature while purging. Do not use this 
procedure prior to checking converter efficiency on in-use converters.



Sec. 86.321-79  NDIR water rejection ratio check.

    (a) Zero and span the analyzer on the lowest range that will be 
used.
    (b) Introduce a saturated mixture of water and zero gas at room 
temperature directly to the analyzer.
    (c) Determine and record the analyzer operating pressure (GP) in 
absolute units in pascals. Gauges G3 and G4 may be used if the values 
are converted to the correct units.
    (d) Determine and record the temperature of the zero-gas mixture.
    (e) Record the analyzers' response (AR) in ppm to the saturated 
zero-gas mixture.
    (f) For the temperature recorded in step (d), determine the 
saturation vapor presssure (PWB) from Sec. 86.344(d).
    (g) Calculate the water concentration (Z) in the mixture from:

Z = (PWB/GP)(10\6\)

    (h) Calculate the water rejection ratio (WRR) from:

WRR = (Z/AR)



Sec. 86.322-79  NDIR CO[bdi2] rejection ratio check.

    (a) Zero and span the analyzer on the lowest range that will be 
used.
    (b) Introduce a CO2 calibration gas of at least 10 
percent CO2 or greater to the analyzer.
    (c) Record the CO2 calibration gas concentration in ppm.
    (d) Record the analyzers' response (AR) in ppm to the CO2 
calibration gas.

[[Page 698]]

    (e) Calculate the CO2 rejection ratio (CO2RR) 
from:

CO2RR = (ppm CO2)/AR



Sec. 86.327-79  Quench checks; NOX analyzer.

    (a) Perform the reaction chamber quench check for each model of high 
vacuum reaction chamber analyzer prior to initial use.
    (b) Perform the reaction chamber quench check for each new analyzer 
that has an ambient pressure or ``soft vacuum'' reaction chamber prior 
to initial use. Additionally, perform this check prior to reusing an 
analyzer of this type any time any repairs could potentially alter any 
flow rate into the reaction chamber. This includes, but is not limited 
to, sample capillary, ozone capillary, and if used, dilution capillary.
    (c) Quench check as follows:
    (1) Calibrate the NOX analyzer on the lowest range that 
will be used for testing.
    (2) Introduce a mixture of CO2 calibration gas and 
NOX calibration gas to the CL analyzer. Dynamic blending may 
be used to provide this mixture. Dynamic blending may be accomplished by 
analyzing the CO2 in the mixture. The change in the 
CO2 value due to blending may then be used to determine the 
true concentration of the NOX in the mixture. The 
CO2 concentration of the mixture shall be approximately equal 
to the highest concentration experienced during testing. Record the 
response.
    (3) Recheck the calibration. If it has changed more than 1 percent of full scale, recalibrate and repeat the 
quench check.
    (4) Prior to testing, the difference between the calculated 
NOX response and the response of NOX in the 
presence of CO2 (step 2) must not be greater than 3.0 percent 
of full-scale. The calculated NOX response is based on the 
calibration performed in step (1).

(Secs. 206, 301(a), Clean Air Act as amended (42 U.S.C. 7525, 7601(a)))

[42 FR 45154, Sept. 8, 1977, as amended at 44 FR 16917, Mar. 20, 1979]



Sec. 86.328-79  Leak checks.

    (a) Vacuum side leak check. (1) Any location within the analysis 
system where a vacuum leak could affect the test results must be 
checked.
    (2) The maximum allowable leakage rate on the vacuum side is 0.5 
percent of the in-use flow rate for the portion of the system being 
checked. the analyzer flows and bypass flows may be used to estimate the 
in-use flow rates.
    (3) The sample probe and the connection between the sample probe and 
valve V2 (Figure D79-1) may be excluded from the leak check.
    (b) Pressure side leak check. (1) The maximum allowable leakage rate 
on the pressure side in 5 percent of the in-use flow rate.
    (2) Option: If the flow rate for each flow meter is equal to or 
greater than the flow rate recorded in Sec. 86.329(b)(1)(ii), then a 
pressure side leak check is not required.



Sec. 86.329-79  System response time; check procedure.

    (a) Check the system response time by the following procedure:
    (1) Stabilize the operating temperature of the sample line, sample 
pump, and heated filters.
    (2) Introduce an HC span gas into the sampling system at the sample 
probe or valve V2 at atmospheric pressure. Simultaneously, start the 
time measurement.
    (3) When the HC instrument response is 95 percent of the span gas 
concentration used, stop the time measurement.
    (4) If the elapsed time is more than 20.0 seconds, make necessary 
adjustments.
    (5) Repeat with the CO, CO2, and NOX 
instruments and span gases.
    (b) Option. If the following parameters are determined, the initial 
system response time may be generally applied to future checks.
    (1) Analyzer and bypass flow rates. (i) Determine by experimentation 
the minimum analyzer and bypass flow rates individually and in 
combination that will produce a response time as close as possible to 
20.0 seconds per paragraph (a) of this section.
    (ii) Record the highest minimum flow rate for each flow meter as 
determined in step (i).

[[Page 699]]

    (2) Capillary flow analyzers. This procedure is applicable only to 
analyzers that have sample capillaries such as the HFID and CL 
analyzers. It is also assumed that the system has sample/span valves 
that perform the function of valves V9 and V13 in Figure D79-1.
    (i) Operate the analyzer(s) at the in-use capillary pressure.
    (ii) Adjust the bypass flow rate to the flow rate recorded in 
paragraph (b)(1)(ii) of this section.
    (iii) Measure and record the response time from the sample/span 
valve(s) per paragraph (a) of this section.
    (iv) The response time (step (iii)) can be determined by switching 
from the ``sample'' position to the ``span'' position of the sample/span 
valve and observing the analyzer response on a chart recorder. Normally, 
the ``sample'' position would select a ``room air'' sample and the 
``span'' position would select a span gas.
    (v) Adjust the bypass flow rate to the normal in-use value.
    (vi) Measure and record the response time from the sample/span 
valve(s) per paragraph (a) of this section.
    (vii) Determine the slowest response time (step (iii) or step (iv)) 
and add 2 seconds to it.



Sec. 86.330-79  NDIR analyzer calibration.

    (a) Detector optimization. If necessary, follow the manufacturer's 
instructions for initial start-up and basic operating adjustments.
    (b) Calibration curve. Develop a calibration curve for each range 
used as follows:
    (1) Zero the analyzer.
    (2) Span the analyzer to give a response of approximately 90 percent 
of full-scale chart deflection.
    (3) Recheck the zero response. If it has changed more than 0.5 
percent of full scale, repeat steps (1) and (2).
    (4) Record the response of calibration gases having nominal 
concentrations of 15, 30, 45, 60, 75, and 90 percent of full-scale 
concentration.
    (5) Generate a calibration curve. The calibration curve shall be of 
fourth order or less, have five or fewer coefficients, and be of the 
form of equation (1) or (2). Include zero as a data point. Compensation 
for known impurities in the zero gas can be made to the zero-data point. 
The calibration curve must fit the data points within 2 percent of point 
or 1 percent of full scale, whichever is less.
[GRAPHIC] [TIFF OMITTED] TR06OC93.078

[GRAPHIC] [TIFF OMITTED] TR06OC93.079

where:

y = concentration
x = chart deflection

    (6) Option. A new calibration curve need not be generated if: (i) A 
calibration curve conforming to step (5) exists; (ii) The responses 
generated in step (4) are within 1 percent of full scale or 2 percent of 
point, whichever is less, of the responses predicted by the calibration 
curve for the gases used in step (4).
    (7) If multiple range analyzers are used, only the lowest range must 
meet the curve fit requirements below 15 percent of full scale.
    (c) If any range is within 2 percent of being linear a linear 
calibration may be used. To determine if this criterion is met:
    (1) Perform a linear least-square regression on the data generated. 
Use an equation of the form y = mx, where x is the actual chart 
deflection and y is the concentration.
    (2) Use the equation z = y/m to find the linear chart deflection (z) 
for each calibration gas concentration (y).
    (3) Determine the linearity (%L ) for each calibration gas by:
    [GRAPHIC] [TIFF OMITTED] TR06OC93.080
    

[[Page 700]]


    (4) The linearity criterion is met if the %L is less than 2 percent for each data point generated. For each 
emission test, a calibration curve of the form Y = mx is to be used. The 
slope (m) is defined for each range by the spanning process.

[42 FR 45154, Sept. 8, 1977, as amended at 46 FR 50495, Oct. 13, 1981; 
47 FR 49807, Nov. 2, 1982]



Sec. 86.331-79  Hydrocarbon analyzer calibration.

    The following steps are followed in sequence to calibrate the 
hydrocarbon analyzer. It is suggested, but not required, that efforts be 
made to minimize relative response variations.
    (a) If necessary, follow manufacturer's instructions for instrument 
start-up and basic operating adjustments.
    (b) Set the oven temperature 5 [deg]C hotter than the required 
sample-line temperature. Allow at least one-half hour after the oven has 
reached temperature for the system to equilibrate.
    (c) Initial fuel flow adjustment. With the fuel and air-flow rates 
set at the manufacturer's recommendations, introduce a 350 ppmC75 ppmC span gas to the detector. Determine the response 
at a given fuel flow from the difference between the span-gas response 
and the zero-gas response. Incrementally adjust the fuel flow above and 
below the manufacturer's specification. Record the span and zero 
response at these fuel flows. A plot of the difference between the span 
and zero response versus fuel flow will be similar to the one shown in 
Fig. D79-3.
[GRAPHIC] [TIFF OMITTED] TR06OC93.170


Adjust the fuel-flow rate to the rich side of the curve, as shown. This 
is initial flow-rate setting and may not be the final optimized flow 
rate.
    (d) Oxygen interference optimization. Choose a range where the 
oxygen interference check gases (see Sec. 86.308) will fall in the 
upper 50 percent. Conduct this test with the oven temperature set as 
required. Oxygen interference check gas specifications are found in 
Sec. 86.308.
    (1) Zero the analyzer.
    (2) Span the analyzer with the zero-percent oxygen blend for 
gasoline-fueled engines. Diesel engine instruments shall be spanned with 
the 21-percent oxygen blend.
    (3) Recheck zero response. If it has changed more than 0.5 percent 
of full scale repeat paragraphs (d) (1) and (2) of this section.
    (4) Introduce the 5 percent and 10 percent oxygen interference check 
gases.
    (5) Recheck the zero response. If it has changed more 1 percent of full scale, repeat the test.
    (6) Calculate the percent of oxygen interference (%O2I) 
for each mixture in step (4).

[[Page 701]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.081

A = hydrocarbon concentration (ppmC) of the span gas used in step (2).
B = hydrocarbon concentration (ppmC) of the oxygen interference check 
gases used in step (4).

    (7) The percent of oxygen interference (%O2I) must be 
less than 3.0 percent for all required oxygen 
interference check gases prior to testing.
    (8) If the oxygen interference is greater than the specifications, 
incrementally adjust the air flow above and below the manufacturer's 
specifications, repeating paragraphs (d) (1) through (7) of this section 
for each flow.
    (9) If the oxygen interference is greater than the specification 
after adjusting the air flow, vary the fuel flow and thereafter the 
sample flow, repeating paragraphs (d) (1) through (7) of this section 
for each new setting.
    (10) If the oxygen interference is still greater than the 
specifications, repair or replace the analyzer, FID fuel, or burner air 
prior to testing. Repeat this section with the repaired or replaced 
equipment or gases.
    (e) Linearity check. For each range used, check linearity as 
follows:
    (1) With the fuel flow, air flow and sample flow adjust to meet the 
oxygen interference specification, zero the analyzer.
    (2) Span the analyzer using a calibration gas that will provide a 
response of approximately 90 percent of full-scale concentration.
    (3) Recheck the zero response. If it has changed more than 0.5 
percent of full scale, repeat steps (1) and (2).
    (4) Record the response of calibration gases having nominal 
concentrations of 30, 60, and 90 percent of full-scale concentration. It 
is permitted to use additional concentrations.
    (5) Perform a linear least square regression on the data generated. 
Use an equation of the form y = mx, where x is the actual chart 
deflection and y is the concentration.
    (6) Use the equation z = y/m to find the linear chart deflection (z) 
for each calibration gas concentration (y).
    (7) Determine the linearity (%L) for each calibration gas by:
    [GRAPHIC] [TIFF OMITTED] TR06OC93.082
    
    (8) The linearity criterion is met if the %L is less than 2 percent for each data point generated. Below 40 ppmC 
the linearity criterion may be expanded to 4 
percent. For each emission test, a calibration curve of the form y = mx 
is to be used. The slope (m) is defined for each range by the spanning 
process.
    (9) If the %L for any point exceeds the specifications in step (8), 
the air, fuel, and sample-flow rates may be varied within the boundaries 
of the oxygen interference specifications.
    (10) If the %L for any data point still exceeds the specifications, 
repair or replace the analyzer, FID fuel, burner air, or calibration 
bottles prior to testing. Repeat the procedures of this section with the 
repaired or replaced equipment or gases.
    (f) Optimized flow rates. The fuel-flow rate, air-flow rate and 
sample-flow rate

[[Page 702]]

are defined as ``optimized'' at this point.



Sec. 86.332-79  Oxides of nitrogen analyzer calibration.

    (a) At least monthly during testing, perform a converter efficiency 
check as described in paragraph (b) of this section. Perform a monthly 
linearity check as described in paragraph (c) of this section.
    (b) Converter-efficiency check. The apparatus described and 
illustrated in Figure D79-4 is to be used to determine the conversion 
efficiency of devices that convert NO2 to NO. The following 
procedure is to be used in determining the values to be used in the 
equation below:
    (1) Follow the manufacturer's instructions for instrument startup 
and operation.
    (2) Zero the oxides of nitrogen analyzer.
    (3) Connect the outlet of the NOX generator (see Figure 
D79-4) to the sample inlet of the oxides of nitrogen analyzer which has 
been set to the most common operating range.
    (4) Introduce into the NOX generator-analyzer system a 
span gas with a NO concentration equal to approximately 80 percent of 
the most common operating range.
[GRAPHIC] [TIFF OMITTED] TR06OC93.171


[[Page 703]]


    (5) With the oxides of nitrogen analyzer in the NO Mode, record the 
concentration of NO indicated by the analyzer.
    (6) Turn on the NOX generator O2 (or air) 
supply and adjust the O2 (or air) flow rate so that the NO 
indicated by the analyzer is about 10 percent less than indicated in 
step (5). Record the concentration of NO in this NO+O2 
mixture.
    (7) Switch the NOX generator to the generation mode and 
adjust the generation rate so that the NO measured on the analyzer is 20 
percent of that measured in step (5). There must be at least 10 percent 
unreacted NO at this point. Record the concentration of residual NO.
    (8) Switch the oxides of nitrogen analyzer to the NOX 
mode and measure total NOX. Record this value.
    (9) Switch off the NOX generation, but maintain gas flow 
through the system. The oxides of nitrogen analyzer will indicate the 
total NOX in the NO+O2 mixture. Record this value.
    (10) Turn off the NOX generator O2 (or air) 
supply. The analyzer will now indicate the total NOX in the 
original NO in N2 mixture. This value should be no more than 
5 percent above the value indicated in step (4).
    (11) Calculate the efficiency of the NOX converter by 
substituting the concentrations obtained into the following equation:

Percent Efficiency = [1 + (a - b)/(c - d)] x 100

where:

a=concentration obtained in step (8).
b=concentration obtained in step (9).
c=concentration obtained in step (6).
d=concentration obtained in step (7).


The efficiency of the converter shall be greater than 90 percent. 
Adjustment of the converter temperature may be necessary to maximize the 
efficiency. If the converter does not meet the conversion-efficiency 
specifications, repair or replace the unit prior to testing. Repeat the 
procedures of this section with the repaired or new converter.
    (c) Linearity check. For each range used, check linearity as 
follows:
    (1) With the operating parameters adjusted to meet the converter 
efficiency check and the quench checks, zero the analyzer.
    (2) Span the analyzer using a calibration gas that will give a 
response of approximately 90 percent of full-scale concentration.
    (3) Recheck the zero response. If it has changed more than 0.5 
percent of full scale, repeat steps (1) and (2).
    (4) Record the response of calibration gases having nominal 
concentrations of 30, 60 and 90 percent of full-scale concentration. It 
is permitted to use additional concentrations.
    (5) Perform a linear least-square regression on the data generated. 
Use an equation of the form y=mx where x is the actual chart deflection 
and y is the concentration.
    (6) Use the equation z=y/m to find the linear chart deflection (z) 
for each calibration gas concentration (y).
    (7) Determine the linearity (%L) for each calibration gas by:
    [GRAPHIC] [TIFF OMITTED] TR06OC93.083
    
    (8) The linearity criterion is met if the %L is less than 2 percent of each data point generated. For each 
emission test, a calibration curve of the form y=mx is to be used. The 
slope (m) is defined for each range by the spanning process.
    (9) If the %L exceeds 2 percent for any data 
point generated, repair or replace the analyzer or calibration bottles 
prior to testing. Repeat the procedures of this section with the 
repaired or replaced equipment or gases.
    (10) Perform a converter-efficiency check (see paragraph (b) of this 
section).
    (11) The operating parameters are defined as ``optimized'' at this 
point.

[[Page 704]]

    (d)-(e) [Reserved]

[42 FR 45154, Sept. 8, 1977, as amended at 46 FR 50495, Oct. 13, 1981; 
47 FR 49807, Nov. 2, 1982; 52 FR 47869, Dec. 16, 1987; 58 FR 58423, Nov. 
1, 1993]



Sec. 86.333-79  Dynamometer calibration.

    (a) If necessary, follow the manufacturer's instructions for initial 
start-up and basic operating adjustments.
    (b) Check the dynamometer torque measurement for each range used by 
the following:
    (1) Warm up the dynamometer following the equipment manufacturer's 
specifications.
    (2) Determine the dynamometer calibration moment arm. Equipment 
manufacturer's data, actual measurement, or the value recorded from the 
previous calibration used for this subpart may be used.
    (3) Calculate the indicated torque (IT) for each calibration weight 
to be used by:

IT=calibration weight (lb)xcalibration moment arm (ft)

    (4) Attach each calibration weight specified in Sec. 86.312 to the 
moment arm at the calibration distance determined in step (2). Record 
the power measurement equipment response (ft-lb) to each weight.
    (5) For each calibration weight, compare the torque value measured 
in step (4) to the calculated torque determined in step (3).
    (6) The measured torque must be within 2 percent of the calculated 
torque.
    (7) If the measured torque is not within 2 percent of the calculated 
torque, adjust or repair the system. Repeat steps (1) through (6) with 
the adjusted or repaired system.
    (c) Option. A master load-cell or transfer standard may be used to 
verify the in-use torque measurement system.
    (1) The master load-cell and read out system must be calibrated with 
weights at each test weight specified in Sec. 86.312-79. The 
calibration weights must be traceable to within 0.1 percent of NBS 
weights.
    (2) Warm up the dynamometer following the equipment manufacturer's 
specifications.
    (3) Attach the master load-cell and loading system.
    (4) Load the dynamometer to a minimum of 6 equally spaced torque 
values as indicated by the master load-cell for each in-use range used.
    (5) The in-use torque measurement must be within 2 percent of the 
torque measured by the master system for each load used.
    (6) If the in-use torque is not within 2 percent of the master 
torque, adjust or repair the system. Repeat step (2) through step (5) 
with the adjusted or repaired system.
    (d) The dynamometer calibration must be completed within 2 hours 
from the completion of the dynamometer warm-up.



Sec. 86.334-79  Test procedure overview.

    (a) The test consists of prescribed sequences of engine operating 
conditions to be conducted on an engine dynamometer. The exhaust gases 
generated during engine operation are sampled for specific component 
analysis through the analytical train. The test is applicable to engines 
equipped with catalytic or direct-flame afterburners, induction system 
modifications, or other systems, or to uncontrolled engines.
    (b) The tests are designed to determine the brake-specific emissions 
of hydrocarbons, carbon monoxide, and oxides of nitrogen. The gasoline-
fueled engine test consists of 1 warm-up cycle and 1 hot cycle. The 
Diesel engine test consists of 3 idle modes and 5 power modes at each of 
2 speeds which span the typical operating range of Diesel engines. These 
procedures require the determination of the concentration of each 
pollutant, the fuel flow and the power output during each mode. The 
measured values are weighted and used to calculate the grams of each 
pollutant emitted per brake-horsepower hour.
    (c)(1) When an engine is tested for exhaust emissions or is operated 
for service accumulation on an engine dynamometer, the complete engine 
shall be tested, with all emission control devices installed and 
functioning.
    (2) Evaporative emission controls need not be connected if data are 
provided to show that normal operating

[[Page 705]]

conditions are maintained in the engine induction system.
    (3) On air cooled engines, the fan shall be installed.
    (4) Additional accessories (e.g., oil cooler, alternators, air 
compressors, etc.) may be installed with advance approval by the 
Administrator.
    (d) All emission control systems installed on or incorporated in a 
new motor vehicle engine shall be functioning during all procedures in 
this subpart. In cases of component malfunction or failure, maintenance 
to correct component failure or malfunction shall be authorized in 
accordance with Sec. 86.079-25.



Sec. 86.335-79  Gasoline-fueled engine test cycle.

    (a) The following test sequence shall be followed in dynamometer 
operation tests of gasoline-fueled heavy-duty engines. Diesel engines 
are covered in Sec. 86.336.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                        Observed
                                                                                                         torque      Time in     Cumulative
                Cycle No.                            Mode No.                        Mode             (percent of     mode-        time-      Weighting
                                                                                                        maximum      seconds      seconds      factors
                                                                                                       observed)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1........................................  1...........................  Idle.......................  ...........           60           60        0.232
1........................................  2...........................  Cruise.....................           25           60          120         .077
1........................................  3...........................  PTA........................           55           60          180         .147
1........................................  4...........................  Cruise.....................           25           60          240         .077
1........................................  5...........................  PTD........................           10           60          300         .057
1........................................  6...........................  Cruise.....................           25           60          360         .077
1........................................  7...........................  FL.........................           90           60          420         .113
1........................................  8...........................  Cruise.....................           25           60          480         .077
1........................................  9...........................  CT.........................  ...........           60          540         .143
2........................................  10..........................  Cruise.....................           25           60          600         .077
2........................................  11..........................  PTA........................           55           60          660         .147
2........................................  12..........................  Cruise.....................           25           60          720         .077
2........................................  13..........................  PTD........................           10           60          780         .057
2........................................  14..........................  Cruise.....................           25           60          840         .077
2........................................  15..........................  FL.........................           90           60          900         .113
2........................................  16..........................  Cruise.....................           25           60          960         .077
2........................................  17..........................  CT.........................  ...........           60        1,020         .143
2........................................  18..........................  Idle.......................  ...........           60        1,080         .232
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (b) Except for idles, the engine dynamometer shall be operated at a 
constant speed of 2000 rpm100 rpm. Speed 
deviations, not to exceed 200 rpm, will be allowed during the first 10 
seconds of each mode.
    (c) The times in-mode specified in paragraph (a) for the CT modes 
are 2 seconds. All other times in-mode are 4 seconds.
    (d) The first 35 seconds of each 60 second engine power mode is 
allowed for engine-dynamometer stabilization. After this stabilization 
period the torque must be held at the specified value 5 percent until the exhaust gas analysis period. During 
the exhaust gas analysis period, the last 10 seconds of each nonclosed 
throttle mode the engine torque must be at the specified value 2 percent of the maximum torque observed. For example, 
mode 3 torque shall be held between 53 and 57 percent of maximum torque 
(552 percent) during the exhaust analysis period. 
Prior to the analysis period but excluding the first 35 seconds of the 
mode, the torque shall be held between 50 and 60 percent of maximum 
torque (55%5%).
    (e) The idle operating mode shall be carried out at the 
manufacturer's recommended curb-idle engine speed. Arrive at the last 
idle mode by closing the throttle, braking the dynamometer to the engine 
idle speed, and unloading the dynamometer.
    (f) The CT operating mode shall be carried out at the same engine 
speed as specified in paragraph (b) of this section.
    (g) If the Administrator determines that an engine shall be tested 
as an automatic transmission code engine, then a load shall be applied 
by the dynamometer during the idle modes (1 and 18) such that the engine 
speed is decreased from the recommended dynamometer-idle speed to the 
recommended curb-idle speed. The engine

[[Page 706]]

idle torque recorded for the calculations in Sec. 86.345 shall be zero.
    (h) If the operating conditions specified in paragraph (a) of this 
section for modes 2 through 8, and 10 through 16 cannot be maintained, 
the Administrator may authorize deviations from the specified load 
conditions. Such deviations shall not exceed 5 percent of the maximum 
torque at the test speed. The minimum deviations, above and below the 
specified load, necessary for stable operation shall be determined by 
the manufacturer and approved by the Administrator prior to the test 
run. Emission tests shall be performed by operating the engine at the 
higher approved load setting during cycle 1 and at the lower approved 
load setting during cycle 2. The weighting factors shall be as specified 
in paragraph (a) of this section.

(Secs. 206, 301(a), Clean Air Act as amended (42 U.S.C. 7525, 7601(a)))

[42 FR 45154, Sept. 8, 1977, as amended at 44 FR 16917, Mar. 20, 1979; 
47 FR 49813, Nov. 2, 1982]



Sec. 86.336-79  Diesel engine test cycle.

    (a) The following 13-mode cycle shall be followed in dynamometer 
operation tests of heavy-duty Diesel engines. Gasoline-fueled engines 
are covered in Sec. 86.335.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                        Observed    Time in mode (minutes)
                                                                                                         torque   --------------------------   Maximum
               Test Segment                          Mode No.                    Engine Speed         (percent of                             cumulative
                                                                                                        maximum      Minimum      Maximum        time
                                                                                                       observed)                              (minutes)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1........................................  1...........................  Curb-idle..................  ...........          4.5          6.0
1........................................  2...........................  Intermediate...............            2          4.5          6.0
1........................................  3...........................  ......do...................           25          4.5          6.0
1........................................  4...........................  ......do...................           50          4.5          6.0           42
1........................................  5...........................  ......do...................           75          4.5          6.0
1........................................  6...........................  ......do...................          100          4.5          6.0
1........................................  7...........................  Curb-idle..................  ...........          4.5          6.0
2........................................  8...........................  Rated......................          100          4.5          6.0
2........................................  9...........................  ......do...................           75          4.5          6.0
2........................................  10..........................  ......do...................           50          4.5          6.0           36
2........................................  11..........................  ......do...................           25          4.5          6.0
2........................................  12..........................  ......do...................            2          4.5          6.0
2........................................  13..........................  Curb-idle..................  ...........          4.5          6.0
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (b) During each mode the specified speed shall be held to within 50 
rpm. Torque for each mode must be held at the specified value 2 percent of the maximum torque observed. For example, 
mode 4 torque shall be held between 48 and 52 percent of maximum torque 
(50 2%).
    (c) If the operating conditions specified in paragraph (b) of this 
section for modes 3, 4, 5, 9, 10, and 11 cannot be maintained, the 
Administrator may authorize deviations from the specified load 
conditions. Such deviations shall not exceed 10 percent of the maximum 
torque at the test speed. The minimum deviations, above and below the 
specified load, necessary for stable operation shall be determined by 
the manufacturer and approved by the Administrator prior to the test 
run. Emission tests shall be performed at each of the approved load 
settings, one above and one below the operating conditions specified in 
paragraph (a) of this section. The emission values obtained shall be 
calculated in accordance with Sec. 86.345 except that the weighting 
factor shall be 0.04.
    (d) If the Administrator determines that an engine shall be tested 
as an automatic transmission code engine, then a load shall be applied 
by the dynamometer during the idle modes (1, 7, and 13) such that the 
engine speed is decreased from the recommended dynamometer-idle speed to 
the recommended curb-idle speed. The engine-idle torque recorded for the 
calculations in Sec. 86.345 shall be zero.



Sec. 86.337-79  Information.

    The following information, as applicable, shall be recorded for each 
test:
    (a) Engine description and specification. A copy of the information 
specified in this paragraph must accompany each engine sent to the 
Administrator

[[Page 707]]

for compliance testing. The manufacturer need not record the information 
specified in this paragraph for each test if the information, with the 
exception of paragraphs (a) (3), (12), and (13), is included in the 
manufacturer's Part I.
    (1) Engine-system combination.
    (2) Engine identification numbers.
    (3) Number of hours of operation accumulated on engine.
    (4) Rated maximum horsepower and torque.
    (5) Maximum horsepower and torque speeds.
    (6) Engine displacement.
    (7) Governed speed.
    (8) Manufacturer's start-up and warm-up reference, (gasoline-fueled 
engines only).
    (9) Curb-idle rpm.
    (10) Dynamometer-idle rpm (automatic transmission code engines 
only).
    (11) Maximum horsepower at 2000 rpm (gasoline-fueled engines only).
    (12) Fuel consumption and maximum torque at 2000 rpm (gasoline-
fueled engines only).
    (13) Fuel consumption at maximum power and torque (Diesel engines 
only).
    (14) Maximum air flow (Diesel engines only).
    (15) Air inlet restriction (Diesel engines only).
    (16) Exhaust pipe diameter(s) (Diesel engines only).
    (17) Maximum exhaust system back pressure (Diesel engines only).
    (18) Maximum exhaust system back pressure at 2000 rpm, if applicable 
(gasoline-fueled engines only).
    (b) Test data; general. This information may be recorded at any time 
between 4 hours prior to the test and 4 hours after the test.
    (1) Engine-system combination.
    (2) Engine identification number.
    (3) Instrument operator.
    (4) Engine operator.
    (5) Number of hours of operation accumulated on the engine prior to 
beginning the warm-up portion of the test.
    (6) Fuel identification.
    (7) Date of most recent analytical assembly calibration.
    (8) All pertinent instrument information such as tuning, gain, 
serial numbers, detector number, calibration curve numbers, etc. As long 
as this information is traceable, it may be summarized by system number 
or analyzer identification numbers.
    (c) Test data; pre-test. (1) Date and time of day.
    (2) Test number.
    (3) Ambient temperature in dynamometer testing room (gasoline-fueled 
engines only).
    (4) Barometric pressure, pre-test for gasoline-fueled engines, pre-
test segment for Diesel engines.
    (5) Engine intake humidity, pre-test for gasoline-fueled engines, 
pre-test segment for Diesel engines with non-conditioned air supply 
systems.
    (6) Maximum observed torque for intermediate and rated speeds 
(Diesel engines only).
    (7) Maximum observed torque at 2000 rpm (gasoline-fueled engines 
only).
    (8) Recorder chart or equivalent. Identify for each test (test 
segment for Diesel engines) zero traces for each range used, and span 
traces for each range used.
    (d) Test data; modal. (1) Recorder chart or equivalent. Identify for 
each test mode the emission concentration traces and the associated 
analyzer range(s). The start and finish of each test.
    (2) Observed engine torque.
    (3) Observed engine rpm.
    (4) Record engine torque and engine rpm continuously with a chart 
recorder or equivalent recording device.
    (5) Intake air flow and depression for each mode (Diesel engines 
only).
    (6) Engine intake air temperature for each mode (Diesel engines 
only).
    (7) Fuel flow for each mode. If the fuel flow measurement is a 
volume measurement system, record the fuel temperature in the 
measurement system for fuel density corrections to the mass flow rate. 
If the fuel temperature is within 3 [deg]C (5.4 [deg]F) of the 
calibration temperature, no density correction is required.
    (8) Engine intake humidity (only for Diesel engines with humidity 
conditioned air supply).
    (e) Test data; post-test. (1) Recorder chart or equivalent. Identify 
the hang-up check.
    (2) Recorder chart or equivalent. Identify the zero traces for each 
range used

[[Page 708]]

and the span traces for each range used.
    (3) Ambient temperature in the dynamometer testing room (gasoline-
fueled engines only).
    (4) Total number of hours of operation accumulated on the engine.

[42 FR 45154, Sept. 8, 1977, as amended at 46 FR 50495, Oct. 13, 1981; 
47 FR 49807, Nov. 2, 1982]



Sec. 86.338-79  Exhaust measurement accuracy.

    (a) The analyzers must be operated between 15 percent and 100 
percent of full-scale chart deflection during the measurement of the 
emissions for each mode. The exceptions to the lower limit of this 
operating rule are:
    (1) The analyzer's response may be less than 15 percent of full-
scale if the full-scale value is 155 ppm (or ppm C) or less.
    (2) Option. For CO analysis the analyzer's response may be less than 
15 percent of full scale if the full-scale value is 5500 ppm or less.
    (3) The analyzer's response may be less than 15 percent of full 
scale if the emissions from the engine are erratic and the average 
chart-deflection value is greater than 15 percent of full scale.
    (4) For gasoline-fueled engines, the analyzer's response may be less 
than 15 percent of full scale during the initial part of the CT mode 
provided that average chart-deflection value is greater than 15 percent 
of full scale.
    (5) The analyzer's response may be less than 15 percent of full 
scale if the contribution of all modes read below the 15 percent level 
is less than 10 percent by mass of the final test results.
    (6) The HC analyzer's response may be less than 15 percent of full-
scale when transient emissions (spikes) can be reasonably expected to 
exceed 90 percent of full-scale. Higher analyzer ranges may be used 
provided that the precision and linearity of the analyzer at the level 
of the readings below 15 percent meets the specifications of the range 
that would be required if the transient emissions did not exist.
    (b) [Reserved]

(Secs. 206, 301(a), Clean Air Act as amended (42 U.S.C. 7525, 7601(a)))

[42 FR 45154, Sept. 8, 1977, as amended at 44 FR 16917, Mar. 20, 1979; 
46 FR 50495, Oct. 13, 1981, and 47 FR 49807, Nov. 2, 1982]



Sec. 86.339-79  Pre-test procedures.

    (a) Allow a minimum of 30 minutes warm-up in the stand-by or 
operating mode prior to spanning the analyzers.
    (b) Replace or clean the filter elements and then vacuum leak check 
the system, Sec. 86.328(a). A pressure leak check is also permitted per 
Sec. 86.328(b). Allow the heated sample line, filters, and pumps to 
reach operating temperature.
    (c) Perform the following system checks:
    (1) If a stainless steel NO2 to NO converter is used, 
prior to gasoline-fueled engine tests, purge the converter with air 
(zero-grade air, room air, or O2) for a minimum of 30 
minutes. The converter must be at operational temperature while purging.
    (2) Check the sample-line temperature (see Sec. 86.310).
    (3) Check the system response time (see Sec. 86.329). System 
response time may be applied from the most recent check of response time 
if all of the following are met:
    (i) The flow rate for each flow meter is equal to or greater than 
the flow rate recorded in Sec. 86.329(b)(1)(ii).
    (ii) For analyzers with capillaries, the response time from the 
sample/span valve is measured using in-use pressures and bypass flows 
(see Sec. 86.329(b)(2)).
    (iii) The response time measured in step (ii) is equal to or less 
than the response time determined in Sec. 86.329(b)(2)(vii).
    (4) A hang-up check is permitted.
    (5) A converter-efficiency check is permitted. The check need not 
conform to Sec. 86.332(b). The test procedure may be aborted at this 
point in the procedure in order to repair the NO2 to NO 
converter. If the test is aborted, the converter must pass the 
efficiency check described in Sec. 86.332(b) prior to starting the 
dynamometer test run.
    (d) Introduce the zero-grade gases at the same flow rates and 
pressures used to calibrate the analyzers and zero the

[[Page 709]]

analyzers on the lowest anticipated range that will be used during the 
test. Immediately prior to each test (segment, for Diesel engines), 
obtain a stable zero for each anticipated range that will be used during 
the test.
    (e) Introduce span gases to the instruments under the same flow 
conditions as were used for the zero gases. Adjust the instrument gains 
on the lowest range that will be used to give the desired value. Span 
gases should have a concentration greater than 70 percent of full scale 
for each range used. Immediately prior to each test and also prior to 
each segment of the Diesel test, record the response to the span gas and 
the span-gas concentration for each range that will be used during the 
test.
    (f) Check the zero responses. If they have changed more than 0.5 
percent of full scale, repeat paragraphs (d) and (e) of this section.
    (g) Check system flow rates and pressures. Note the values of gauges 
G3 and G4 for reference during the test.



Sec. 86.340-79  Gasoline-fueled engine dynamometer test run.

    (a) This section applies to gasoline-fueled engines only. Diesel 
engines are covered in Sec. 86.341.
    (b)(1) Mount test engine on the engine dynamometer.
    (2) Install instrumentation and sample probe.
    (3) Read and record the general test data as specified in Sec. 
86.337(b).
    (c) Precondition the engine by the following continuous steps:
    (1) The engine shall be started and operated at:
    (i) Zero load in accordance with the manufacturer's start-up and 
warm-up procedures for 1 minute 30 sec;
    (ii) A torque equivalent to 103 percent of the 
most recent determination of maximum torque for 4 minutes 30 second at 2,000 rpm. This torque level may be 
exceeded if the choke and fast idle cam mechanism would normally result 
in a stabilized idle speed in excess of 2,000 rpm.
    (iii) A torque equivalent to 555 percent of 
the most recent determination of maximum torque for 35 minutes 1 minute at 2000 rpm;
    (iv) Option. If the engine has been operating on service 
accumulation for a minimum of 40 minutes, the service accumulation may 
be substituted for steps (i) through (iii).
    (2) If tested under the provisions of Sec. 86.079-29, check 
specifications as required. This check must be performed within 20 
minutes after completion of engine preconditioning;
    (3) Determine the maximum torque of the engine at 2000 rpm 100 rpm;
    (i) Operate the engine with the throttle fully opened for a maximum 
of three minutes. During the second minute of operation, record the high 
and low torque readings. The average of these two readings will be the 
maximum torque value at 2000 rpm.
    (ii) Calculate the torque corresponding to 10, 25, 55, and 90 
percent of the observed maximum torque value.
    (4) Determine the analyzer ranges required for each mode specified 
in Sec. 86.335 to meet the range specifications of Sec. 86.338. Prior 
to determining the range selection, the automatic dynamometer 
controller, if used, may be calibrated for the prevailing ambient 
conditions. The engine must not be operated for more than 30 minutes. 
Cycle 1, or cycles 1 and 2, specified in Sec. 86.335, may be used for 
this purpose.
    (5) The engine shall be turned off and allowed to stand for at least 
1 hour, but not more than 2 hours, at an average ambient temperature of 
25 [deg]C5 [deg]C (77 [deg]F9 [deg]F).
    (d) The following steps shall be taken for each test:
    (1) Maintain dynamometer test cell average ambient temperature at 25 
[deg]C5 [deg]C (77 [deg]F9 
[deg]F);
    (2) Observe pre-test procedures; Sec. 86.339;
    (3) Start cooling system;
    (4) Start engine and operate in accordance with manufacturer's 
start-up and warm-up procedures. The duration of the warm-up procedures 
shall be 5 minutes 30 seconds. Sample flow may 
begin during the warm-up;
    (5) Read and record all pre-test data specified in Sec. 86.337(c) 
during the 5 minute warm-up;
    (6) Release the choke idle-stop (if necessary) and return the engine 
throttle control to the curb-idle position, start sample flow and 
recorders if not

[[Page 710]]

already started, and begin test sequence of Sec. 86.335;
    (7) Should it be determined that the test must be rerun, then only 
the soak specified in paragraph (c)(5) of this section need be performed 
prior to paragraph (d) of this section;
    (8) Perform the test cycle, Sec. 86.335, and continuously record 
exhaust gas concentrations;
    (9) Read and record all modal data specified in Sec. 86.337(d) 
during the test cycle;
    (10) The engine speed and load must be maintained within the 
requirements of Sec. 86.343;
    (11) If at any time during a test, the test equipment malfunctions 
or the specifications in paragraph (d)(10) of this section are not met, 
the test is void, and may be aborted. The test sequence may be restarted 
under the provisions of paragraph (c)(5) of this section.
    (e) Exhaust gas measurements. (1) Measure HC, CO, CO2, 
and NOX volume concentration in the exhaust sample. Should 
the analyzer response exceed 100 percent of full scale or respond less 
than 15 percent of the full scale, the next higher or lower analyzer 
range shall be used per Sec. 86.338. For exceptions to the lower limit 
see Sec. 86.338. Should the fuel flow instrument read below 20 percent 
of the full-scale value, a flow measurement unit with a lower scale must 
be used unless the option in Sec. 86.314 is desired.
    (2) For each analyzer, each range that may be used during a test 
must have the zero and span responses recorded prior to the execution of 
that test. Only the range(s) used to measure the emissions during a test 
are required to have their zero and span recorded after the completion 
of the test.
    (3) If during an emission test the value of gauges downstream of the 
NDIR analyzer(s) (G3 or G4) differs by more than 2 
inches of water from the pretest value, the test is void.

(Secs. 206, 301(a), Clean Air Act as amended (42 U.S.C. 7525, 7601(a)))

[42 FR 45154, Sept. 8, 1977, as amended at 44 FR 16917, Mar. 20, 1979; 
46 FR 50496, Oct. 13, 1981; 47 FR 49807, 49813, Nov. 2, 1982]



Sec. 86.341-79  Diesel engine dynamometer test run.

    (a) This section applies to Diesel engines only. Gasoline-fueled 
engines are covered in Sec. 86.340.
    (b) The temperature of the air supplied to the engine shall be 
between 68 [deg]F and 86 [deg]F. The fuel temperature at the pump inlet 
shall be 100 [deg]F10 [deg]F. The observed 
barometric pressure shall be between 28.5 inches and 31 inches Hg. 
Higher air temperature or lower barometric pressure may be used, if 
desired, but no allowance shall be made for increased emissions because 
of such conditions unless correction factors are developed and approved 
in advance by the Administrator.
    (c) The governor and fuel system shall have been adjusted to provide 
engine performance at the levels in the application for certification 
required under Sec. 86.079-21. These adjustments are only permitted 
under the provisions of Sec. 86.079-25.
    (d) The following steps shall be taken for each test:
    (1) Install instrumentation and sample probes as required;
    (2) Observe pre-test procedure, Sec. 86.339;
    (3) Read and record the general test data as specified in Sec. 
86.337(b);
    (4) Start cooling system;
    (5) Precondition the engine in the following manner:
    (i) Operate the engine at idle for 2 to 3 minutes;
    (ii) Operate the engine at approximately 50 percent power at the 
peak torque speed for 5 to 7 minutes;
    (iii) Operate the engine at rated speed and maximum horsepower for 
25 to 30 minutes;
    (iv) Option. It is permitted to precondition the engine at rated 
speed and maximum horsepower until the oil and water temperatures are 
stabilized. The temperatures are defined as stabilized if they are 
maintained within 2 percent of point for 2 minutes. The engine must be 
operated a minimum of 10 minutes for this option. This optional 
procedure may be substituted for step (iii);
    (v) Option. If the engine has been operating on service accumulation 
for a minimum of 40 minutes, the service accumulation may be substituted 
for steps (i) through (iii);

[[Page 711]]

    (vi) Longer preconditioning times may be used only if prior approval 
is obtained from the Administrator.
    (6) Within a total elapsed time of 10 minutes or less, determine by 
experimentation the maximum torque at the rated and intermediate speeds;
    (7) Calculate the torque corresponding to 2, 25, 50, 75, and 100 
percent of the maximum observed torque for the rated and intermediate 
speeds;
    (8) Read and record all pre-test data specified in Sec. 86.337(c);
    (9) Start the test cycle, Sec. 86.336, within 10 minutes, after 
determining test load using the torque values determined in paragraph 
(d)(6) of this section;
    (10) Read and record all modal data specified in Sec. 86.337(d) 
during the last 2 minutes of each mode;
    (11) Continuously record the analyzer's response to the exhaust gas 
during each test segment;
    (12) Test segments may be repeated;
    (13) If a delay of more than 20 minutes occurs between the end of 
one segment and the beginning of another segment the test is void. The 
test may be restarted at paragraph (d)(8) of this section. If the delay 
exceeds 4 hours, the test shall be restarted at paragraph (d)(2) of this 
section;
    (14) The engine speed and load must be maintained within the 
requirements of Sec. 86.336 during the last 2 minutes of each mode. If 
the requirement is not met for all modes during a test segment, that 
segment of the test is void. The test segment may be restarted beginning 
with paragraph (d)(8) of this section;
    (15) If at any time during a test segment, the test equipment 
malfunctions or the specifications in paragraph (d)(14) of this section 
are not met, the test segment is void, and may be aborted. The test 
segment may be restarted beginning with paragraph (d)(8) of this 
section;
    (16) Fuel flow and air flow during the idle or 2-percent load 
conditions may be determined just prior to or immediately following the 
dynamometer sequence, if longer times are required for accurate 
measurements.
    (e) Exhaust gas measurements. (1) Measure HC, CO, CO2, 
and NOX volume concentration in the exhaust sample. Should 
the analyzer response exceed 100 percent of full scale or respond less 
than 15 percent of full scale, the next higher or lower analyzer range 
shall be used per Sec. 86.338. For exceptions to the lower limit see 
Sec. 86.338. Should the fuel flow instrument read below 20 percent of 
full-scale value, a smaller flow measurement unit must be used unless 
the option in Sec. 86.314 is desired.
    (2) Each analyzer range that may be used during a test segment must 
have the zero and span responses recorded prior to the execution of that 
test segment. Only the range(s) used to measure the emissions during a 
test segment are required to have their zero and span recorded after the 
completion of the test segment.
    (3) It is permitted to change filter elements between test segments.
    (4) A leak check is permitted between test segments.
    (5) A hang-up check is permitted between test segments.
    (6) If, during the emission measurement portion of a test segment, 
the value of the gauges downstream of the NDIR analyzer(s) G3 or G4 
differs by more than 2 inches of water from the 
pretest value, the test segment is void.

[42 FR 45154, Sept. 8, 1977, as amended at 46 FR 50496, Oct. 13, 1981, 
and 47 FR 49807, Nov. 2, 1982]



Sec. 86.342-79  Post-test procedures.

    (a) Begin a hang-up check within 30 seconds of the completion of the 
last mode in the test. Use the following procedure:
    (1) Introduce a zero-grade gas or room air into the sample probe or 
valve V2 to check the ``hangup zero'' response. Simultaneously start a 
time measurement.
    (2) Select the lowest HC range used during the test;
    (3) The difference between the span-zero response and the hang-up 
zero response shall not be greater than 5.0 percent of full scale or 10 
ppmC whichever is greater, within:
    (i) 50 seconds for gasoline-fueled engine test, or
    (ii) 4 minutes for Diesel engine tests, or
    (b) Begin the analyzer span checks within 6 minutes after the 
completion of the last mode in the test. Record for

[[Page 712]]

each analyzer the zero and span response for each range used during the 
preceding test or test segment.
    (c) If during the test, the filter element(s) were replaced or 
cleaned, a vacuum check must be performed per Sec. 86.328 immediately 
after the span checks. If the vacuum side leak check does not meet the 
requirements of Sec. 86.328 the test is void.
    (d) Read and record the post-test data specified in Sec. 86.337(e).
    (e) For a valid test, the analyzer drift between the before-test and 
after-test (before-segment and after-segment for Diesels) span checks 
for each analyzer must meet the following requirements:
    (1) The span drift (defined as the change in the difference between 
the zero response and the span response) must not exceed 2.0 percent of 
full-scale chart deflection for each range used;
    (2) The zero response drift must not exceed 2.0 percent of full-
scale chart deflection for each range used above 155 ppm (or ppm C), or 
3 percent of full-scale chart deflection for each range below 155 ppm 
(or ppm C).

(Secs. 206, 301(a), Clean Air Act as amended (42 U.S.C. 7525, 7601(a)))

[42 FR 45154, Sept. 8, 1977, as amended at 44 FR 16917, Mar. 20, 1979; 
46 FR 50496, Oct. 13, 1981; 47 FR 49807, Nov. 2, 1982]



Sec. 86.343-79  Chart reading.

    (a) A computer or any other automatic data processing device(s) may 
be used as long as the system meets the requirements of this subpart.
    (b) Determine the location on the chart of the analyzer responses 
corresponding to the end of each mode.
    (c) For gasoline-fueled engines, determine whether the test cycle 
was run in accordance with Sec. 86.335 by observing either chart event 
marks, speed trace, torque trace, or concentration traces. The test will 
be invalidated if there is a deviation of more than:
    (1) 2 seconds from the specified time for each CT mode, and 4 
seconds for all other modes; or,
    (2) Two percent of maximum torque during the exhaust gas sampling 
period (last 10 seconds on each nonclosed throttle gasoline-fueled 
engine mode); or
    (3) 5 percent of maximum torque during the remainder of the mode, 
excluding the first 35 seconds of the mode; or
    (4) 200 rpm during the first 10 seconds of each mode, or 100 rpm 
during the remainder of each mode.
    (d) Determine chart deflections.
    (1) Locate the last 10 seconds of each gasoline-fueled engine mode 
except CT. Locate the last 50 seconds of each gasoline-fueled engine CT 
mode. For all Diesel engine modes locate the last 60 seconds.
    (2)(i) Divide the last 10 seconds or 60 seconds, whichever is 
applicable, into a minimum of 10 equally spaced increments. Determine 
the chart deflection of each increment for the CO2, CO, HC, 
and NOX analyzers.
    (ii) Option for Diesel engine modes. If the deviation from a 
straight line (other than instrument noise) during this 60 seconds is 
less than 5 percent of full-scale, the average 
chart deflection may be determined by eye. The average value (one 
number) may then be used in lieu of the 10 values required by paragraph 
(d)(2)(i) of this section.
    (3) Other methods of determining the chart deflection of the 
analyzers may be used only with prior approval by the Administrator.
    (e) Determine CO2, CO, HC, and NOX 
concentrations for each mode.
    (1) If the option in paragraph (d)(2)(ii) of this section is 
employed, then those chart deflections for both linear and non-linear 
analyzers may be substituted for the average chart deflection in step 
(e)(2).
    (2) For linear instruments, average the chart deflections determined 
in paragraph (d)(2)(i) of this section. Determine the concentration for 
this average chart deflection using calibration data.
    (3) For non-linear instruments, calculate concentrations for each 
chart deflection determined in paragraph (d)(2)(i) of this section. Take 
the average of these concentrations for each mode.
    (4) For purposes of this paragraph, calibration data includes 
calibration curves, linearity curves, span-gas responses, and zero-gas 
responses.

[42 FR 45154, Sept. 8, 1977, as amended at 47 FR 49813, Nov. 2, 1982]

[[Page 713]]



Sec. 86.344-79  Humidity calculations.

    (a) The following abbreviations (and units) are used in this 
section:

BARO = barometric pressure (Pa)
H = specific humidity, (gm H2O/gm of dry air)
K = 0.6220 gm H2O/gm dry air
Mair = Molecular weight of air = 28.9645
MH2O = Molecular weight of water = 18.01534
PDB = Saturation vapor pressure of water at the dry bulb temperature 
(Pa)
PDP = saturation vapor pressure of water at the dewpoint temperature 
(Pa)
Pv = partial pressure of water vapor (Pa)
PWB = saturation vapor pressure of water at the wet bulb temperature 
(pa)
TDB = Dry bulb temperature ([deg]K)
TWB = Wet bulb temperature ([deg]K)
Y = Water-vapor volume concentration

    (b) The specific humidity on a dry basis of the intake air (H) is 
defined by equation (1).
[GRAPHIC] [TIFF OMITTED] TR06OC93.240

    (c) The partial pressure of water vapor may be determined in two 
manners:
    (1) A dew point device may be used. In that case:

Pv=PDP

    (2) A wet-bulb, dry-bulb method may be used. In that case ``Ferrels 
equation'' (eq. (2)) is used.
[GRAPHIC] [TIFF OMITTED] TR06OC93.085

    (d)(1) The saturation vapor pressure (PWB) of water at the wet-bulb 
temperature is defined by equation (3) (Ref. Wexler and Greenspan, 
equation (23), National Bureau of Standards).
[GRAPHIC] [TIFF OMITTED] TR06OC93.086

where:

PWB is in Pascals (Pa)
TWB = Web-bulb temperature ([deg]K)
B = - 12.150799
F0 = - 8.49922(10)\3\
F1 = - 7.4231865(10)\3\
F2 = 96.1635147
F3 = 2.4917646(10) -2
F4 = - 1.3160119(10) -5
F5 = - 1.1460454(10) -8
F6 = 2.1701289(10) -11
F7 = - 3.610258(10) -15
F8 = 3.8504519(10) -18
F9 = - 1.4317(10) -21

    (2) The table in Figure D79-5 may be used in lieu of equation (3).
    (e) The saturated vapor pressure of water at the dry-bulb 
temperature (PDB) is found (if required) by using dry-bulb absolute 
temperature ([deg]K) in equation (3).
    (f) The percent of relative humidity (RH) (if required) is defined 
by equation (4).
[GRAPHIC] [TIFF OMITTED] TR06OC93.087

    (g) The water-vapor volume concentration on a dry basis of the 
engine intake air (Y) is defined by equation (5).
[GRAPHIC] [TIFF OMITTED] TR06OC93.088


                                              Figure D79-5--Saturation Vapor Pressure Over Water (pascals)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                 Temperature [deg]C                      0.0       0.1       0.2       0.3       0.4       0.5       0.6       0.7       0.8       0.9
--------------------------------------------------------------------------------------------------------------------------------------------------------
0...................................................   610.752   615.207   619.690   624.203   628.744   633.315   637.916   642.545   647.205   651.894
1...................................................   656.614   661.364   666.144   670.955   675.796   680.669   685.572   690.507   695.473   700.471
2...................................................   705.500   710.562   715.655   720.781   725.939   731.130   736.354   741.611   746.901   752.224
3...................................................   757.581   762.971   768.396   773.854   779.347   784.874   790.436   796.033   801.664   807.331
4...................................................   813.034   818.771   824.545   830.355   836.200   842.082   848.001   853.956   859.948   865.978
5...................................................   872.045   878.149   884.291   890.470   896.688   902.945   909.239   915.573   921.945   928.357
6...................................................   934.808   941.298   947.828   954.399   961.009   967.660   974.351   981.083   987.856   994.670
7...................................................   1001.53   1008.42   1015.36   1022.34   1029.37   1036.43   1043.54   1050.70   1057.89   1065.13
8...................................................   1072.41   1079.74   1087.11   1094.52   1101.98   1109.48   1117.03   1124.63   1132.27   1139.95
9...................................................   1147.68   1155.46   1163.28   1171.15   1179.07   1187.04   1195.05   1203.11   1211.21   1219.37
10..................................................   1227.57   1235.83   1244.13   1252.48   1260.88   1269.32   1277.82   1286.37   1294.97   1303.62
11..................................................   1312.32   1321.07   1329.87   1338.73   1347.63   1356.59   1365.60   1374.67   1383.78   1392.95

[[Page 714]]

 
12..................................................   1402.17   1411.45   1420.78   1430.16   1439.60   1449.10   1458.64   1468.25   1477.91   1487.62
13..................................................   1497.39   1507.22   1517.11   1527.05   1537.04   1547.10   1557.21   1567.39   1577.62   1587.90
14..................................................   1598.25   1608.66   1619.12   1629.65   1640.24   1650.88   1661.59   1672.36   1683.18   1694.08
15..................................................   1705.03   1716.04   1727.12   1738.26   1749.46   1760.73   1772.06   1783.45   1794.91   1806.43
16..................................................   1818.01   1829.67   1841.38   1853.17   1865.02   1876.93   1888.91   1900.96   1913.08   1925.27
17..................................................   1937.52   1949.84   1962.23   1974.69   1987.21   1999.81   2012.48   2025.21   2038.02   2050.90
18..................................................   2063.85   2076.87   2089.97   2103.13   2116.37   2129.68   2143.07   2156.53   2170.06   2183.66
19..................................................   2197.34   2211.10   2224.93   2238.84   2252.82   2266.88   2281.02   2295.23   2309.52   2323.89
20..................................................   2338.34   2352.86   2367.47   2382.15   2396.91   2411.76   2426.68   2441.68   2456.77   2471.93
21..................................................   2487.18   2502.51   2517.93   2533.42   2549.00   2564.66   2580.41   2596.24   2612.16   2628.16
22..................................................   2644.25   2660.42   2676.68   2693.02   2709.46   2725.98   2742.59   2759.28   2776.07   2792.94
23..................................................   2809.91   2826.96   2844.11   2861.34   2878.67   2896.09   2913.60   2931.20   2948.89   2966.68
24..................................................   2984.56   3002.54   3020.61   3038.77   3057.03   3075.39   3093.84   3112.39   3131.03   3149.78
25..................................................   3168.62   3187.55   3206.59   3225.73   3244.96   3264.30   3283.73   3303.27   3322.91   3242.65
26..................................................   3362.49   3382.43   3402.48   3422.63   3442.89   3463.24   3483.71   3504.28   3524.95   3545.73
27..................................................   3566.62   3587.62   3608.72   3629.93   3651.25   3672.67   3694.21   3715.86   3737.61   3759.48
28..................................................   3781.46   3803.55   3825.75   3848.07   3870.50   3893.04   3915.70   3938.47   3961.36   3984.36
29..................................................   4007.48   4030.71   4054.06   4077.53   4101.12   4124.83   4148.65   4172.59   4196.66   4220.84
30..................................................   4245.15   4269.58   4294.13   4318.80   4343.60   4368.52   4393.56   4418.73   4444.02   4469.44
--------------------------------------------------------------------------------------------------------------------------------------------------------



Sec. 86.345-79  Emission calculations.

    (a) The following abbreviations (and units) are used in this 
section.

[alpha] = atomic hydrogen/carbon ratio of the fuel
[phis] = dry fuel-air ratio (measured)/fuel-air ratio (stoichiometric)
BARO = Barometric pressure (in. H gA)
BHP = Brake horsepower
BSCO = Brake specific carbon monoxide emissions, (gm/BHP-HR)
BSFC = Brake specific fuel consumption (lb/BHP-HR)
BSHC = Brake specific hydrocarbon emissions (gm/BHP-HR)
BSNOX = Brake specific oxides of nitrogen emissions (gm/BHP-
HR)
DCO = CO volume concentration in exhaust, ppm (dry)
DCO2 = CO2 volume concentration in exhaust, 
percent (dry)
DHC = HC volume carbon concentration in exhaust, ppmC (dry)
DKNO = NO volume concentration in exhaust, in ppm (dry and humidity 
corrected)
EIP = engine intake pressure (in. H gA) = BARO - inlet depression
f/a = measured dry fuel-air ratio
G = humidity of the inlet air in grains of water per pound of dry air = 
(453.59/0.0648) H, (see Sec. 86.344)
K = water - gas equilibrium constant = 3.5
KNOx = Humidity correction factor for oxides of nitrogen
Kw = Wet to dry correction factor
MC = Atomic weight of carbon
(MC + MH) = mean molecular weight of the fuel per carbon atom
MCO = Molecular weight of CO
MF = Mass flow-rate of fuel used in the engine in lb/hr = Wf/453.59
MH = Atomic weight of hydrogen
MNO2 = Molecular weight of nitrogen dioxide (NO2)
T = Temperature of inlet air ( [deg]F)
WCO = Mass rate of CO in exhaust, grams/hr
Wf = Mass flow-rate of fuel used in the engine, in grams/hr = 
(453.59)x(Wf lbs/hr)
WHC = HC volume concentration in exhaust, ppm C(wet)
WHC = Mass rate of HC in exhaust, grams/hr
WNOx = Mass rate of NOX in exhaust, grams/hr
Y = H2O volume concentration of intake air (See Sec. 86.344)

    (b) Determine the exhaust species volume concentration for each 
mode.
    (c)(1) Convert wet basis measurements to a dry basis by the 
following:
    Dry concentrations = 1/KWxwet concentrations. KW is defined by the 
equation in Figure D79-6.
    (2) For Diesel engines, for each mode use the measured engine (f/a) 
entering the combustion chamber when calculating [phis]. If applicable 
bleed air, etc. must be subtracted from the measured air flow (see Sec. 
86.313).
    (3) For gasoline-fueled engines, optional for Diesel engines, 
calculate [phis] for each mode by substituting WHC for DHC in the (f/a) 
equations in paragraph (d) of this section.
    (4) Calculate a Y value for each gasoline-fueled engine test from 
the pre-test data. Apply the Y value to the KW equation for the entire 
test.
    (5) Calculate a separate Y value for each Diesel test segment from 
the pretest-segment data. Apply the Y value to the KW equation for the 
entire test-segment.

[[Page 715]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.140

        Figure D79-6. Kw--Wet to Dry Correction Factor
    (d) Compute the dry (f/a) if required as follows:
    [GRAPHIC] [TIFF OMITTED] TR06OC93.089
    
Where
[GRAPHIC] [TIFF OMITTED] TR06OC93.241

    (e) Data validation--(1) Diesel engines only. Compare the calculated 
dry (f/a) with the measured fuel and air flow. For a valid test the 
emission calculated (f/a) must agree within 10 percent of the measured 
(f/a) for each mode. Diesel engine idle and 2 percent modes do not have 
to meet this requirement.
    (2) Fuel/Air ratio comparison. When comparing measured (f/a) ratio 
to an emissions calculated (f/a) ratio, the measured air flow (in terms 
of mass) is the total mass of air entering the exhaust pipe. This may 
include additions of air mass to the exhaust pipe by an air injection 
system.
    (3) Other methods of data validation may be used if prior approval 
is obtained from the Administrator.
    (4) Data validation techniques that have obtained prior approval 
from the Administrator for use on gasoline-fueled engines may be used to 
determine void tests.
    (f) Multiply the dry nitric oxide volume concentrations by the 
following humidity correction factor to obtain DKNO:
    (1) Gasoline-fueled engines:

KNOx + 0.6272 = 0.00629G - 0.0000176G\2\

    (2) Diesel engines:
    [GRAPHIC] [TIFF OMITTED] TR06OC93.091
    
where:


[[Page 716]]


A = 0.044 (f/a) - 0.0038
B = - 0.116(f/a) + 0.0053
T = Temperature of inlet air, [deg]F.

    (g) Calculate the mass emissions of each species in grams per hour 
for each mode as follows:
[GRAPHIC] [TIFF OMITTED] TR06OC93.092

[GRAPHIC] [TIFF OMITTED] TR06OC93.093

[GRAPHIC] [TIFF OMITTED] TR06OC93.094

    (h)(1) For gasoline-fueled engines, weight the mass values of BHIP, 
WHC, WCO, Mf, and WNOx for each mode by 
multiplying the modal mass values by the appropriate modal weighting 
factor prescribed by Sec. 86.335.
    (2) For Diesel engines, weight the values of BHP, WHC, 
WCO, WNOx, and Mf as follows:
    (i) Weight the values from each idle mode by multiplying the values 
by (0.067);
    (ii) Weight the remaining modes by multiplying the values by 0.08.
    (i) Calculate the brake specific emissions for:
    (1) Each gasoline-fueled engine test cycle, and
    (2) Each Diesel engine test by summing the weighted values (BHP, 
WHC, WCO, and WNOx) from each mode as 
follows:
[GRAPHIC] [TIFF OMITTED] TR06OC93.095

[GRAPHIC] [TIFF OMITTED] TR06OC93.096

[GRAPHIC] [TIFF OMITTED] TR06OC93.097

(t) = Test cycle number (t = 1, 2) (gasoline-fueled engines only).

    (j)(1) Calculate the brake-specific fuel consumption (BSFC) from the 
nonweighted BHP and Mf for each mode. Gasoline-fueled engine idle and CT 
modes, and Diesel idle modes are excluded.
    (2) For gasoline-fuel engines use:
    [GRAPHIC] [TIFF OMITTED] TR06OC93.098
    
    (3) For Diesel engines use:
    [GRAPHIC] [TIFF OMITTED] TR06OC93.099
    

where:
[GRAPHIC] [TIFF OMITTED] TR06OC93.100

    (4) Other methods of correcting power to determine BSFC may be used 
only with prior approval of the Administrator.
    (k) Calculate the weighted brake-specific fuel consumption (WBSFC) 
for
    (1) Each gasoline engine test cycle by:
    [GRAPHIC] [TIFF OMITTED] TR06OC93.101
    
where:

t = Test cycle number (t = 1,2)

    (2) Each Diesel engine test by:
    [GRAPHIC] [TIFF OMITTED] TR06OC93.102
    

[[Page 717]]


    (l) For gasoline-fueled engines, calculate the brake-specific 
emissions and fuel consumption for the complete test as follows:

BSHC(T) = 0.35 BSHC(1) = 0.65 BSHC(2)

BSCO(T) = 0.35 BSCO(1) = 0.65 BSCO(2)

BSNOx(T) = 0.35 BSNOx(1) = 0.65 
    BSNOx(2)

WBSFC(T) = 0.35 WBSFC(1) = 0.65 WBSFC(2)



Sec. 86.346-79  Alternative NOX measurement technique.

    (a) Oxides of nitrogen (NOX) may be measured with the 
following ``alternative instrumentation'' for both Diesel and gasoline-
fueled engines. The ``alternative instrumentation'' shall consist of:
    (1) A heated sample line maintained above the dew point:
    (2) An NO2 to NO converter obtaining a sample directly 
from the heated sample line; and
    (3) A combination per 40 CFR 86.777 or 40 CFR 86.977, whichever is 
applicable of a water trap, dryer, flow controls, and an NO NDIR 
analyzer obtaining a sample from the converter.
    (b) The provisions of 40 CFR 86 subpart D shall apply to the 
``alternative instrumentation'', where applicable, with the following 
exceptions:
    (1) Analyzer specifications found in Sec. Sec. 86.315, 86.321, and 
86.322 do not apply to the ``alternative instrumentation''.
    (2) For the purposes of this section, the full-scale value specified 
in Sec. 86.338 (a)(1) shall be 1,500 ppm for Diesel engines and 2,500 
ppm for gasoline-fueled engines.
    (c) The ``alternative instrumentation'' shall be calibrated per 
Sec. 86.330.
    (d) The NO NDIR analyzer shall meet the performance and interference 
specifications contained in 40 CFR 86.777 or 40 CFR 86.977, whichever is 
applicable.
    (e) The operation of the dryer shall follow good engineering 
practice such that the test results are not altered. Proper 
preconditioning of the dryer is allowed.



Sec. 86.347-79  Alternative calculations for diesel engines.

    (a) This section applies to Diesel engines only. Gasoline-fueled 
engines must use the calculations in Sec. 86.345.
    (b) For Diesel engines, the calculations specified in 40 CFR 86.977-
15 may be substituted for Sec. 86.345.
    (c) The modal BSFC and weighted BSFC shall be calculated per Sec. 
86.345.
    (d) If the provisions of this section are used, a CO2 
measurement is not required.
    (e) Both 40 CFR 86.977-15(a) and Sec. 86.313 shall apply to air-
flow measurements. For the purposes of this section, the air-flow 
measurement accuracy specified in Sec. 86.313 shall be 1 percent.



Sec. 86.348-79  Alternative to fuel H/C analysis.

    (a) Fuel H/C analysis need not be performed if the following average 
H/C ratios are used for all calculations.
    (1) 1B1 Diesel: 1:93
    (2) 1B2 Diesel: 1:80
    (3) Gasoline: 1.85
    (b) [Reserved]

[46 FR 50496, Oct. 13, 1981, and 47 FR 49807, Nov. 2, 1982]



   Subpart E_Emission Regulations for 1978 and Later New Motorcycles, 
                           General Provisions

    Source: 42 FR 1126, Jan. 5, 1977, unless otherwise noted.



Sec. 86.401-2006  General applicability.

    This subpart applies to 1978 and later model year, new, gasoline-
fueled motorcycles built after December 31, 1977, and to 1990 and later 
model year, new methanol-fueled motorcycles built after December 31, 
1989 and to 1997 and later model year, new natural gas-fueled and 
liquefied petroleum gas-fueled motorcycles built after December 31, 1996 
and to 2006 and later model year new motorcycles, regardless of fuel.

[69 FR 2435, Jan. 15, 2004]



Sec. 86.401-97  General applicability.

    (a) This subpart applies to 1978 and later model year, new, 
gasoline-fueled motorcycles built after 31 December, 1977, and to 1990 
and later model year, new, methanol-fueled motorcycles built after 31 
December, 1989 and to 1997 and later model year, new, natural gas-fueled 
and liquefied petroleum gas-

[[Page 718]]

fueled motorcycles built after 31 December, 1996.
    (b) Motorcycles with engine displacements less than 50 cc (3.1 cu 
in) are excluded from the requirements of this subpart.
    (c) Motorcycles are excluded from the requirements of this subpart, 
if with an 80 kg (176 lb) driver, it cannot:
    (1) Start from a dead stop using only the engine; or
    (2) Exceed a maximum speed of 40 km/h (25 mph) on level paved 
surfaces.

[59 FR 48512, Sept. 21, 1994]



Sec. 86.402-78  Definitions.

    (a) The definitions in this section apply to this subpart and also 
to subpart F.
    Act means part A of title II of the Clean Air Act, 42 U.S.C. 1857 f-
1 through f-7, as amended by Pub. L. 91-604.
    Administrator means the Administrator of the Environmental 
Protection Agency or his authorized representative.
    Class, see Sec. 86.419.
    Crankcase emissions means airborne substances emitted to the 
atmosphere from any portion of the engine crankcase ventilation or 
lubrication systems.
    Curb mass means the actual or manufacturer's estimated mass of the 
vehicle with fluids at nominal capacity and with all equipment specified 
by the Administrator.
    Displacement, and Displacement Class, see Sec. 86.419.
    Engine family means the basic classification unit of a 
manufacturer's product line used for the purpose of test fleet selection 
and determined in accordance with Sec. 86.420.
    Engine-displacement-system combination means an engine family-
displacement-emission control system combination.
    EPA Enforcement Officer means any officer or employee of the 
Environmental Protection Agency so designated in writing by the 
Administrator (or by his designee).
    Exhaust emissions means substances emitted to the atmosphere from 
any opening downstream from the exhaust port of a motor vehicle engine.
    Fuel system means the combination of fuel tank, fuel pump, fuel 
lines, oil injection metering system, and carburetor or fuel injection 
components, and includes all fuel system vents.
    Loaded vehicle mass means curb mass plus 80 kg (176 lb.), average 
driver mass.
    Model year means the manufacturer's annual production period (as 
determined by the Administrator) which includes January first of such 
calendar year. If the manufacturer has no annual production period, the 
term model year shall mean the calendar year.
    Motorcycle means any motor vehicle with a headlight, taillight, and 
stoplight and having: Two wheels, or Three wheels and a curb mass less 
than or equal to 680 kilograms (1499 pounds).
    Oxides of nitrogen means the sum of the nitric oxide and nitrogen 
dioxide contained in a gas sample as if the nitric oxide were in the 
form of nitrogen dioxide.
    Scheduled maintenance means any adjustment, repair, removal, 
disassembly, cleaning, or replacement of vehicle components or systems 
which is performed on a periodic basis to prevent part failure or 
vehicle malfunction, or anticipated as necessary to correct an overt 
indication of vehicle malfunction or failure for which periodic 
maintenance is not appropriate.
    Span gas means a gas of known concentration which is used routinely 
to set the output level of any analyzer.
    System includes any motor vehicle modification which controls or 
causes the reduction of substances emitted from motor vehicles.
    Total test distance is defined for each class of motorcycles in 
Sec. 86.427-78.
    Useful life is defined for each class (see Sec. 86.419) of 
motorcycle:

Class I--5.0 years or 12,000 km (7,456 miles), whichever first occurs.
Class II--5.0 years or 18,000 km (11,185 miles), whichever first occurs.
Class III--5.0 years or 30,000 km (18,641 miles), whichever first 
occurs.

    Unscheduled maintenance means any inspection, adjustment, repair, 
removal, disassembly, cleaning, or replacement of vehicle components or 
systems which is performed to correct or diagnose a part failure or 
vehicle

[[Page 719]]

malfunction which was not anticipated.
    Zero kilometers means that point after normal assembly line 
operations and adjustments, after normal dealer setup and preride 
inspection operations have been completed, and before 100 kilometers of 
vehicle operation of three hours of engine operation have been 
accumulated, including emission testing if performed.
    (b) [Reserved]

[42 FR 1126, Jan. 5, 1977, as amended at 42 FR 56737, Oct. 28, 1977; 49 
FR 48138, Dec. 10, 1984]



Sec. 86.402-98  Definitions.

    The definitions of Sec. 86.402-78 apply to this subpart. The 
following definition in this section is applicable beginning with the 
1998 model year:
    Designated Compliance Officer means the Manager, Engine Programs 
Group (6405-J), U.S. Environmental Protection Agency, 1200 Pennsylvania 
Ave., Washington, DC 20460.
    Motorcycle means any motor vehicle with a headlight, taillight, and 
stoplight and having: Two wheels, or Three wheels and a curb mass less 
than or equal to 793 kilograms (1749 pounds).
    Motor vehicle has the meaning we give in 40 CFR 85.1703.
    Useful life is defined for each class (see Sec. 86.419) of 
motorcycle:
    (1) Class I-A--5.0 years or 6,000 km (3,728 miles), whichever occurs 
first.
    (2) Class I-B--5.0 years or 12,000 km (7,456 miles), whichever 
occurs first.
    (3) Class II--5.0 years or 18,000 km (11,185 miles), whichever 
occurs first.
    (4) Class III--5.0 years or 30,000 km (18,641 miles), whichever 
occurs first.

[63 FR 11849, Mar. 11, 1998, as amended at 69 FR 2435, Jan. 15, 2004]



Sec. 86.403-78  Abbreviations.

    The abbreviations used in this subpart have the following meanings 
in both capital and lowercase:

ASTM--American Society for Testing and Materials.
C--Celsius.
cc--Cubic centimetre(s).
cfh--Cubic feet per hour.
cfm--Cubic feet per minute.
cm--Centimetre(s).
CO--Carbon monoxide.
CO2--Carbon dioxide.
Conc--Concentration.
cu.--Cubic.
CVS--Constant volume sampler.
EGR--Exhaust gas recirculation.
EP--End point.
EPA--Environmental Protection Agency.
F--Fahrenheit.
h--hour.
HC--Hydrocarbon(s).
Hg--Mercury.
H2O--Water.
in.--Inch(es).
K--Kelvin.
kg--Kilogram(s).
km--Kilometre(s).
kpa--Kilopascals.
lb--Pound(s).
m--Metre(s).
mph--Miles per hour.
mm--Millimetre(s).
N2--Nitrogen.
NOX--Oxides of nitrogen.
No.--Number.
O2--Oxygen.
Pa--Pascal(s).
Pb--lead.
ppm--Parts per million by volume.
psi--Pounds per square inch.
psig--Pounds per square inch gauge.
R--Rankine.
rpm--Revolutions per minute.
wt--Weight.
[deg]--Degree(s).
%--Percent.



Sec. 86.404-78  Section numbering.

    (a) The year of initial applicability of a section is indicated by 
its section number. The two digits following the hyphen designate the 
first model year for which a section is effective. A section remains 
effective until superseded.

    Example: Section 86.411-78 applies to 1978 and subsequent model 
years until it is superseded. If a Sec. 86.411-81 is promulgated it 
would take effect beginning with 1981; Sec. 86.411-78 would apply to 
years 1978 through 1980.

    (b) A reference to a section without a year designation implies the 
appropriate model year.

    Example: When considering 1979 vehicles a reference to Sec. 86.411 
implies Sec. 86.411-79. However if no Sec. 86.411-79 has been 
promulgated then Sec. 86.411-78 is implied; See paragraph (a) of this 
section.



Sec. 86.405-78  Measurement system.

    (a) This subpart and subpart F have been written using System 
International (SI) units. SI units will be used to determine compliance 
with these regulations. English equivalents have been indicated solely 
for the user's convenience.

[[Page 720]]

    (b) [Reserved]



Sec. 86.406-78  Introduction, structure of subpart, further 
information.

    (a) This subpart contains general provisions regulating the emission 
of air pollution from new motorcycles. Test procedures are found in 
subpart F.
    (b) Several discrete concepts are addressed:
    (1) Requirements. Sections 86.407 to 86.415.
    (2) Application for certification. Sections 86.416 and 86.417.
    (3) Test fleet selection. Sections 86.418 to 86.423.
    (4) Service accumulation, testing, maintenance, certification. 
Sections 86.424 to 86.439.
    (5) Administrative provisions. Sections 86.440 to 86.444.
    (c) The certification procedure to be followed depends upon the 
manufacturer's projected sales.
    (1) New motorcycles, produced by a manufacturer whose projected U.S. 
sales of motorcycles is 10,000 or more units (for the model year in 
which certification is sought) shall demonstrate compliance with all 
general standards and all specific emission requirements before they can 
be sold in the United States. The manufacturer is required to submit an 
application with sales data, product information, required maintenance, 
testing and service accumulation procedures. The Administrator will 
select vehicle(s) which will represent the manufacturer's product line. 
The manufacturer is required to construct these vehicles to be 
representative of actual production. Service is accumulated and emission 
tests performed with data submitted to the Administrator. The 
Administrator may run his own tests to confirm the manufacturer's 
results. The Administrator will review the data and either grant or deny 
certification. If the manufacturer wishes to make changes to a certified 
vehicle, or to produce a new vehicle, the Administrator must be 
notified. The Administrator may require testing to demonstrate continued 
compliance with emission standards. Each vehicle must be labeled with 
tune up specifications and the purchaser must be supplied with 
maintenance instructions. Also, information on production vehicles must 
be supplied to the Administrator.
    (2) New motorcycles produced by a manufacturer whose projected U.S. 
sales of motorcycles is less than 10,000 units (for the model year in 
which certification is sought) shall meet both the general standards and 
specific emission requirements described in Sec. Sec. 86.401 through 
86.417, Sec. 86.425, Sec. 86.437, and Sec. Sec. 86.440 through 86.444 
of this subpart before they can be sold in the United States. The 
manufacturer is required to submit an application containing a statement 
that his vehicles conform to the applicable emission standards. The 
manufacturer is required to retain in his records, but not submit with 
the application, valid emission test data which support his statement. 
The Administrator will review the application and either grant or deny 
certification. Each vehicle must be labeled with tune up specifications 
and the purchaser must be supplied with maintenance instructions. Also, 
information on production vehicles must be supplied to the 
Administrator.
    (d) Manufacturers who are considering an application should contact: 
Director, Vehicle Programs and Compliance Division, Environmental 
Protection Agency, 2565 Plymouth Rd., Ann Arbor, Michigan 48105 and 
state whether he/she plans to certify for total sales of greater than or 
less than 10,000 vehicles for the applicable model year.

[42 FR 1126, Jan. 5, 1977, as amended at 63 FR 11849, Mar. 11, 1998]



Sec. 86.407-78  Certificate of conformity required.

    (a) General requirement. Every new motorcycle manufactured for sale, 
sold, offered for sale, introduced or delivered for introduction into 
commerce, or imported into the United States which is subject to any of 
the standards prescribed in this subpart is required to be covered by a 
certificate of conformity issued pursuant to this subpart, except as 
specified in paragraph (b) of this section, or otherwise exempted from 
this requirement.

[[Page 721]]

    (b) Interim personal use exemption. An individual may manufacture 
one motorcycle for personal use without a certificate of conformity, 
subject to the following provisions:
    (1) The motorcycle may not be manufactured from a certified 
motorcycle. The motorcycle may not be manufactured from a partially 
complete motorcycle that is equivalent to a certified motorcycle, unless 
the emission controls are included in the final product. The motorcycle 
must be manufactured primarily from unassembled components, but may 
incorporate some preassembled components. For example, fully 
preassembled transmissions may be used.
    (2) The motorcycle may not be sold within five years of the date of 
final assembly.
    (3) No individual may manufacture more than one motorcycle during 
his or her lifetime under this exemption. This restriction applies with 
respect to the person who purchases the components and/or uses the 
motorcycle, rather than to the person(s) who actually assemble(s) the 
motorcycle.
    (4) This exemption may not be used to circumvent the requirements of 
paragraph (a) of this section or the requirements of the Clean Air Act. 
For example, this exemption would not cover a case in which an entity 
purchases a kit, assembles the kit, and then sells it to another party; 
this would be considered to be the sale of the complete motorcycle.
    (c) Interim display exemptions. Uncertified custom motorcycles that 
are used solely for display purposes are exempt from the standards 
provided they conform to the requirements of this paragraph (c). Unless 
a certificate of conformity has been received for such motorcycles, they 
may not be operated on the public streets or highways except for that 
operation incident and necessary to the display purpose.
    (1) No request is necessary for display motorcycles that will not be 
sold or leased.
    (2) The following requirements apply for exempting display 
motorcycles that will be sold or leased:
    (i) Manufacturers planning to sell motorcycles for display must 
notify EPA of their intent to do so before they sell any exempted 
motorcycles. They must also maintain sales records of exempted 
motorcycles for at least three years and make them available to EPA upon 
request.
    (ii) No manufacturer may sell or lease more than 24 exempted display 
motorcycles in any single calendar year.
    (iii) Anyone selling or leasing a motorcycle exempt under this 
paragraph (c) must ensure that the buyer or lessee agrees to comply with 
the display exemption terms in the regulations.
    (3) Each motorcycle exempt under this paragraph (c) must include a 
label that identifies the manufacturer and includes the following 
statement: THIS MOTORCYCLE IS EXEMPT FROM EPA EMISSION REQUIREMENTS. ITS 
USE ON PUBLIC ROADS IS LIMITED PURSUANT TO 40 CFR 86.407-78(c). EPA may 
allow manufacturers to locate the label in a location where it is 
obscured or hidden by a readily removable component. For example, EPA 
may allow the label to be located under the seat.
    (4) As described in 40 CFR part 1051, motorcycles that are not 
considered to be motor vehicles according to 40 CFR 85.1703(a) may be 
exempt under this paragraph (c) from the standards and requirements of 
40 CFR part 1051. Such motorcycles shall be combined with the 
manufacturer's highway motorcycles with respect to the sales restriction 
described in paragraph (c)(2)(ii) of this section.
    (5) This exemption may not be used to circumvent the requirements of 
paragraph (a) of this section or the requirements of the Clean Air Act.

[69 FR 2435, Jan. 15, 2004]



Sec. 86.408-78  General standards; increase in emissions; unsafe 
conditions.

    (a) Any system installed on or incorporated in a new motorcycle to 
enable such vehicle to conform to standards imposed by this subpart:
    (1) Shall not in its operation or function cause the emission into 
the ambient air of any noxious or toxic substance that would not be 
emitted in the operation of such vehicle without such system, except as 
specifically permitted by regulation; and

[[Page 722]]

    (2) Shall not in its operation, function, or malfunction result in 
any unsafe condition endangering the motorcycle, its rider(s), or 
persons or property in close proximity to the vehicle.
    (b) Every manufacturer of new motorcycles subject to any of the 
standards imposed by this subpart shall, prior to taking any of the 
actions specified in section 203(a)(1) of the Act, test or cause to be 
tested motorcycles in accordance with good engineering practice to 
ascertain that such test vehicles will meet the requirements of this 
section for the useful life of the vehicle.



Sec. 86.409-78  Defeat devices, prohibition.

    (a) No motorcycle shall be equipped with a defeat device.
    (b) Defeat device means any element of design which:
    (1) Senses temperature, vehicle speed, engine RPM, transmission 
gear, manifold vacuum, or any other parameter for the purpose of 
activating, modulating, delaying or deactivating the operation of any 
part of the emission control system and
    (2) Reduces the effectiveness of the emission control system under 
conditions which may reasonably be expected to be encountered in normal 
urban vehicle operation and use, unless
    (i) Such conditions are substantially included in the Federal 
emission test procedure, or
    (ii) The need for the device is justified in terms of protecting the 
vehicle against damage or accident, or
    (iii) The device does not go beyond the requirements of engine 
starting or warm-up.



Sec. 86.410-90  Emission standards for 1990 and later model year 
motorcycles.

    (a)(1) Exhaust emissions from 1990 and later model year gasoline-
fueled, natural gas-fueled and liquefied petroleum gas-fueled 
motorcycles shall not exceed (compliance with these standards is 
optional prior to the 1997 model year for natural gas-fueled and 
liquefied petroleum gas-fueled motorcycles):
    (i) Hydrocarbons. 5.0 grams per vehicle kilometer.
    (ii) Carbon monoxide. 12 grams per vehicle kilometer.
    (2) Exhaust emissions from 1990 and later model year methanol-fueled 
motorcycles shall not exceed:
    (i) Total hydrocarbon equivalent. 5.0 grams per vehicle kilometer.
    (ii) Carbon monoxide. 12 grams per vehicle kilometer.
    (3) The standards set forth in paragraphs (a) (1) and (2) of this 
section refer to the exhaust emitted over driving schedule as set forth 
in subpart F and measured and calculated in accordance with those 
procedures.
    (b) No crankcase emissions shall be discharged into the ambient 
atmosphere from any new motorcycle subject to this subpart.

[54 FR 14539, Apr. 11, 1989, as amended at 59 FR 48512, Sept. 21, 1994]



Sec. 86.410-2006  Emission standards for 2006 and later model year motorcycles.

    (a)(1) Exhaust emissions from Class I and Class II motorcycles shall 
not exceed the standards listed in the following table:

       Table E2006-1--Class I and II Motorcycle Emission Standards
------------------------------------------------------------------------
                                              Emission standards  (g/km)
                 Model year                  ---------------------------
                                                   HC            CO
------------------------------------------------------------------------
2006 and later..............................          1.0          12.0
------------------------------------------------------------------------

    (2) Exhaust emissions from Class III motorcycles shall not exceed 
the standards listed in the following table:

         Table E2006-2--Class III Motorcycle Emission Standards
------------------------------------------------------------------------
                                                      Emission standards
                                                             (g/km)
          Tier                    Model year         -------------------
                                                       HC + NOX     CO
------------------------------------------------------------------------
Tier 1.................  2006-2009..................         1.4    12.0
Tier 2.................  2010 and later.............         0.8    12.0
------------------------------------------------------------------------

    (b) The standards set forth in paragraphs (a) (1) and (2) of this 
section refer to the exhaust emitted over the driving schedule as set 
forth in subpart F and measured and calculated in accordance with those 
procedures.
    (c) Compliance with the HC+NOX standards set forth in 
paragraph (a)(2) of this section may be demonstrated

[[Page 723]]

using the averaging provisions of Sec. 86.449.
    (d) No crankcase emissions shall be discharged into the ambient 
atmosphere from any new motorcycle subject to this subpart.
    (e) Manufacturers with fewer than 500 employees worldwide and 
producing fewer than 3,000 motorcycles per year in the United States are 
considered small-volume manufacturers for the purposes of this section. 
The following provisions apply for these small-volume manufacturers:
    (1) Small-volume manufacturers are not required to comply with the 
Tier 1 standards applicable to Class III motorcycles until model year 
2008.
    (2) Small-volume manufacturers are not required to comply with the 
Tier 2 standards applicable to Class III motorcycles.
    (3) Small-volume manufacturers are not required to comply with 
permeation requirements in paragraph (g) of this section until model 
year 2010.
    (f) Manufacturers may choose to certify their Class I and Class II 
motorcycles to an HC + NOX standard of 1.4 g/km instead of 
the 1.0 g/km HC standard listed in paragraph (a)(1) of this section. 
Engine families certified to this standard may demonstrate compliance 
using the averaging provisions of Sec. 86.449.
    (g) Model year 2008 and later motorcycles must comply with the 
evaporative emission standards described in 40 CFR 1051.110. 
Manufacturers may show compliance using the design-based certification 
procedures described in 40 CFR 1051.245. Manufacturers may comply with 
the tank permeation standards using the averaging provisions in 40 CFR 
part 1051, subpart H, but may not include any motorcycles equipped with 
metal fuel tanks in their average emission level. Manufacturers may not 
average between highway motorcycle engine families and recreational 
vehicle families.

[69 FR 2436, Jan. 15, 2004, as amended at 70 FR 40434, July 13, 2005]



Sec. 86.411-78  Maintenance instructions, vehicle purchaser.

    (a) The manufacturer shall furnish or cause to be furnished to the 
ultimate purchaser of each new motorcycle the written instructions for 
the periodic and anticipated maintenance and use of the vehicle by the 
ultimate purchaser as may be reasonable and necessary to assure the 
proper functioning of emission control systems for the vehicle's useful 
life.
    (1) Such instructions shall be provided for those vehicle and engine 
components listed in appendix VI to this part (and for any other 
components) to the extent that maintenance of these components is 
necessary to assure the proper functioning of emission control systems.
    (2) Such instructions shall be in the English language and in clear, 
and to the extent practicable, nontechnical language.
    (b) The maintenance instructions required by this section shall:
    (1) Contain a general description of the documentation which the 
manufacturer will require from the ultimate purchaser or any subsequent 
purchaser as evidence of compliance with the instructions, and
    (2) Specify the performance of all scheduled maintenance performed 
by the manufacturer under Sec. 86.428.



Sec. 86.412-78  Maintenance instructions, submission to Administrator.

    (a) Instructions for ultimate purchaser. (1) The manufacturer shall 
provide to the Administrator, at least 30 days before being supplied to 
the ultimate purchaser (unless the Administrator consents to a lesser 
period of time), a copy of the maintenance instructions which the 
manufacturer proposes to supply to the ultimate purchaser. The 
instructions must include the periodic and anticipated maintenance 
contained in the application for certification or contained in the 
manufacturers' records (if anticipated sales are less than 10,000 
units). Such instructions must be reasonable and necessary to assure the 
proper functioning of the vehicle's emission control systems.
    (2) Any revision to the maintenance instructions which will affect 
emissions shall be supplied to the Administrator at least 30 days before 
being supplied to the ultimate purchaser unless the Administrator 
consents to a lesser period of time.

[[Page 724]]

    (b) Other instructions. The manufacturer of any new motorcycle 
subject to any of the standards prescribed in this subpart shall submit 
to the Administrator at the time of issuance by the manufacturer, copies 
of all sales brochures, instructions, or explanations regarding the use, 
repair, adjustment, maintenance, or testing of such vehicle relevant to 
the control of crankcase or exhaust emissions, issued by the 
manufacturer for use by other manufacturers, assembly plants, 
distributors, dealers, repair facilities, and ultimate purchasers. Any 
material not translated into the English language need not be submitted 
unless specifically requested by the Administrator.



Sec. 86.413-78  Labeling.

    (a)(1) The manufacturer of any motorcycle shall, at the time of 
manufacture, affix a permanent, legible label, of the type and in the 
manner described below, containing the information hereinafter provided, 
to all production models of such vehicles available for sale to the 
public and covered by a certificate of conformity.
    (2) A permanent, legible label shall be affixed in a readily 
accessible position. Multi-part labels may be used.
    (3) The label shall be affixed by the vehicle manufacturer who has 
been issued the certificate of conformity for such vehicle, in such a 
manner that it cannot be removed without destroying or defacing the 
label.
    (4) The label shall contain the following information lettered in 
the English language in block letters and numerals, which shall be of a 
color that contrasts with the background of the label:
    (i) The label heading. Vehicle Emission Control Information;
    (ii) Full corporate name and trademark of the manufacturer;
    (iii) Engine displacement (in cubic centimetres) and engine family 
identification;
    (iv) Engine tuneup specifications and adjustments, as recommended by 
the manufacturer, including idle speed, ignition timing, and the idle 
air-fuel mixture setting procedure and value (e.g., idle CO, idle air-
fuel ratio, idle speed drop). These specifications shall indicate the 
proper transmission position during tuneup;
    (v) Any specific fuel or engine lubricant requirements (e.g., lead 
content, Research octane number, engine lubricant type);
    (vi) An unconditional statement of conformity to USEPA regulations 
which includes the model year; for example, This Vehicle Conforms to 
USEPA Regulation Applicable to . . . . . . . . . Model Year New 
Motorcycles.
    (b) The provisions of this section shall not prevent a manufacturer 
from also reciting on the label that such vehicle conforms to any other 
applicable Federal or State standards for new motorcycles or any other 
information that such manufacturer deems necessary for, or useful to, 
the proper operation and satisfactory maintenance of the vehicle.

[42 FR 1126, Jan. 5, 1977, as amended at 42 FR 56737, Oct. 28, 1977]



Sec. 86.413-2006  Labeling.

    (a)(1) The manufacturer of any motorcycle shall, at the time of 
manufacture, affix a permanent, legible label, of the type and in the 
manner described in this section, containing the information provided in 
this section, to all production models of such vehicles available for 
sale to the public and covered by a certificate of conformity.
    (2) A permanent, legible label shall be affixed in a readily 
accessible position. Multi-part labels may be used.
    (3) The label shall be affixed by the vehicle manufacturer who has 
been issued the certificate of conformity for such vehicle, in such a 
manner that it cannot be removed without destroying or defacing the 
label, and shall not be affixed to any part which is easily detached 
from the vehicle or is likely to be replaced during the useful life of 
the vehicle.
    (4) The label shall contain the following information lettered in 
the English language in block letters and numerals, which shall be of a 
color that contrasts with the background of the label:
    (i) The label heading shall read: ``Vehicle Emission Control
    Information'';
    (ii) Full corporate name and trademark of the manufacturer;

[[Page 725]]

    (iii) Engine displacement (in cubic centimeters or liters) and 
engine family identification;
    (iv) Engine tuneup specifications and adjustments, as recommended by 
the manufacturer, including, if applicable: idle speed, ignition timing, 
and the idle air-fuel mixture setting procedure and value (e.g., idle 
CO, idle air-fuel ratio, idle speed drop). These specifications shall 
indicate the proper transmission position during tuneup, and which 
accessories should be in operation and which systems should be 
disconnected during a tuneup;
    (v) Any specific fuel or engine lubricant requirements (e.g., lead 
content, research octane number, engine lubricant type);
    (vi) Identification of the exhaust emission control system, using 
abbreviations in accordance with SAE J1930, June 1993, including the 
following abbreviations for items commonly appearing on motorcycles:

OC Oxidation catalyst;
TWC Three-way catalyst;
AIR Secondary air injection (pump);
PAIR Pulsed secondary air injection;
DFI Direct fuel injection;
O2S Oxygen sensor;
HO2S Heated oxygen sensor;
EM Engine modification;
CFI Continuous fuel injection;
MFI Multi-port (electronic) fuel injection; and
TBI Throttle body (electronic) fuel injection.

    (viii) An unconditional statement of conformity to U.S. EPA 
regulations which includes the model year; for example, ``This Vehicle 
Conforms to U.S. EPA Regulations Applicable to----Model Year New 
Motorcycles'' (the blank is to be filled in with the appropriate model 
year). For all Class III motorcycles and for Class I and Class II 
motorcycles demonstrating compliance with the averaging provisions in 40 
CFR 86.449 the statement must also include the phrase ``is certified to 
an HC+NOX emission standard of ---- grams/kilometer'' (the 
blank is to be filled in with the Family Emission Limit determined by 
the manufacturer).
    (b) The provisions of this section shall not prevent a manufacturer 
from also reciting on the label that such vehicle conforms to any other 
applicable Federal or State standards for new motorcycles or any other 
information that such manufacturer deems necessary for, or useful to, 
the proper operation and satisfactory maintenance of the vehicle.

[70 FR 40434, July 13, 2005]



Sec. 86.414-78  Submission of vehicle identification number.

    (a) Upon request by the Administrator, the manufacturer of any 
motorcycle covered by a certificate of conformity shall, within 30 days, 
identify by vehicle identification number, the vehicle(s) covered by the 
certificate of conformity.
    (b) The manufacturer of any motorcycle covered by a certificate of 
conformity shall furnish to the Administrator, at the beginning of each 
model year, any vehicle identification number coding system which 
identifies whether such vehicle(s) are covered by a certificate of 
conformity.



Sec. 86.415-78  Production vehicles.

    (a) Any manufacturer obtaining certification shall supply to the 
Administrator, upon his request, a reasonable number of production 
vehicles selected by the Administrator which are representative of the 
engines, emission control systems, fuel systems, and transmissions 
offered and typical of production models available for sale under the 
certificate. These vehicles shall be supplied for testing at such time 
and place and for such reasonable periods as the Administrator may 
require.
    (b) Any manufacturer obtaining certification shall notify the 
Administrator, on a yearly basis, of the number of vehicles of each 
engine family--engine displacement--emission control system--fuel 
system--transmission type--inertial mass category combination produced 
for sale in the United States during the preceding year.
    (c) All motorcycles covered by a certificate of conformity shall 
prior to delivery to the ultimate purchaser be adjusted, by the 
manufacturer or his agent, to the ignition timing specification detailed 
in Sec. 86.413.

[42 FR 1126, Jan. 5, 1977, as amended at 49 FR 48138, Dec. 10, 1984]

[[Page 726]]



Sec. 86.416-80  Application for certification.

    (a) New motorcycles produced by a manufacturer whose projected sales 
in the United States is 10,000 or more units (for the model year in 
which certification if sought) are covered by the following:
    (1) An application for a certificate of conformity to the 
regulations in the English language applicable to new motorcycles shall 
be made to the Administrator by the manufacturer and shall be updated 
and corrected by amendment. Where possible, a manufacturer should 
include in a single application for certification, a description of all 
vehicles in each class for which certification is required. A 
manufacturer may, however, choose to apply separately for certification 
of part of his product line. The selection of test vehicles and the 
computation of test results will be determined separately for each 
application.
    (2) The application shall be in writing signed by an authorized 
representative of the manufacturer, and shall include the following:
    (i) Identification and description of the vehicles covered by the 
application and a description of their engine, emission control system 
and fuel system components. This shall include a detailed description of 
each auxiliary emission control device. Transmission gear ratios, 
overall drive ratios and vehicle mass (or range of mass) shall also be 
included. The label and its location shall be specified, Sec. 86.413. 
Available optional equipment shall be described.
    (ii) The range of available fuel and ignition system adjustments.
    (iii) Projected U.S. sales data sufficient to enable the 
Administrator to select a test fleet representative of the vehicles for 
which certification is requested. If reduced testing based on low sales 
volume is requested the method of predicting sales shall be described.
    (iv) A description of the test equipment (if applicable) and fuel 
and engine lubricant proposed to be used.
    (v) A description of the proposed service accumulation procedure and 
a description of the proposed scheduled maintenance.
    (vi) A statement of recommended periodic and anticipated maintenance 
and procedures necessary to assure that the vehicles covered by a 
certificate of conformity in operation conform to the regulations, 
listings of the fuels and lubricants to be recommended to the ultimate 
purchaser and a description of the program for training of personnel for 
such maintenance, and the equipment required to perform this 
maintenance.
    (vii) A description of normal assembly line operations and 
adjustments if such procedures exceed 100 km (62 miles) or three hours 
of engine operations.
    (viii) Beginning with model year 2008, a description of the 
evaporative emission controls and applicable test data.
    (ix) The name of an agent for service of process located in the 
United States. Service on this agent constitutes service on you or any 
of your officers or employees for any action by EPA or otherwise by the 
United States related to the requirements of this part.
    (3) Completed copies of the application and of any amendments 
thereto, and all notifications under Sec. Sec. 86.438 and 86.439 shall 
be submitted in such multiple copies as the Administrator may require.
    (4) For purposes of this section, ``auxiliary emission control 
device'' means any element of design which senses temperature, vehicle 
speed, engine RPM, transmission gear, manifold vacuum, or any other 
parameter for the purpose of activating, modulating, delaying, or 
deactivating the operation of any part of the emission control system.
    (b) New motorcycles produced by a small-volume manufacturer (as 
defined in Sec. 86.410(e)) or by any other manufacturer whose projected 
sales in the United States is less than 10,000 units (for the model year 
in which certification is sought) are covered by the following:
    (1) All the information that would otherwise be required to be 
submitted to EPA under paragraph (a)(2) of this section must be made a 
part of the manufacturer's records, except there is no requirement to 
submit the information to the Administrator or receive approval from the 
Administrator.

[[Page 727]]

    (2) Section 86.437 details the statements that these manufacturers 
are required to provide to the Administrator.
    (c) For the purpose of determining applicability of paragraphs (a) 
or (b) of this section, where there is more than one importer or 
distributor of vehicles manufactured by the same person, the projected 
sales shall be the aggregate of the projected sales of those vehicles by 
such importers or distributors.
    (d)(1) The Administrator has determined that the following 
certification procedure may be used to demonstrate compliance for each 
motorcycle engine family for which certification is sought. 
Manufacturers may follow these procedures at their option.
    (i) The manufacturer shall satisfy all applicable requirements of 
part 86 necessary to demonstrate compliance with the standards for each 
class of new motorcycles for which certification is sought.
    (ii) As specifically allowed by the Administrator the manufacturer 
shall assume the responsibility for part or all of the decisions 
applicable to the family for which certification is sought and which are 
within the jurisdiction of the Administrator, with the exception that 
the Administrator will determine whether a test motorcycle has met the 
applicable emission standards.
    (iii) The manufacturer shall maintain, update, and correct all 
records and information required.
    (iv) The Administrator may review a manufacturer's records at any 
time. At the Administrator's discretion, this review may take place 
either at the manufacturer's facility or at another facility designated 
by the Administrator.
    (v) At the Administrator's request, the manufacturer shall notify 
the Administrator of the status of the certification program including 
projected schedules of those significant accomplishments specified by 
the Administrator.
    (vi) The manufacturer shall permit the Administrator to inspect any 
facilities, records, and vehicles from which data were obtained under 
the abbreviated certification review procedure.
    (vii) Upon completing all applicable requirements of part 86 the 
manufacturer shall submit a separate application for a certificate of 
conformity for each class of new motorcycles for which certification is 
sought. Such application shall be made in writing to the Administrator 
by the manufacturer.
    (A) The Administrator may approve or disapprove in whole or in part 
an application for certification according to the procedures specified 
in Sec. 86.417-78(b).
    (B) If, after a review of the application for certification, test 
reports and data submitted by the manufacturer, data obtained during an 
inspection, and any other pertinent data or information, the 
Administrator determines that a test vehicle(s) has not met the 
requirements of the Act and the applicable subpart, he will notify the 
manufacturer in writing and set forth the reason(s) for the 
determination.
    (2) Those families which are not following the procedure described 
in paragraph (d)(1) of this section will follow the procedure in this 
subpart with the exception of paragraph (d)(1) of this section.
    (e) The Administrator may require that an engine family previously 
allowed to be subjected to the abbreviated certification review 
procedure be transferred to the complete review procedure.
    (f) Upon request, the Administrator may allow a manufacturer to use 
alternate certification procedures that are equivalent in terms of 
demonstrating compliance with the requirements of this part.

[42 FR 56737, Oct. 28, 1977, as amended at 45 FR 26045, Apr. 17, 1980; 
49 FR 48138, Dec. 10, 1984; 69 FR 2436, Jan. 15, 2004; 71 FR 51487, Aug. 
30, 2006]



Sec. 86.417-78  Approval of application for certification.

    (a) After a review of the application for certification and any 
other information which the Administrator may require, the Administrator 
may approve the application and select a test fleet as appropriate.
    (b) The Administrator may disapprove in whole or in part an 
application for certification for reasons including incompleteness, 
inaccuracy, inappropriate proposed distance accumulation procedures, 
maintenance, test

[[Page 728]]

equipment, label content or location, fuel or lubricant, and 
incorporation of defeat devices in vehicles described by the 
application. Where any part of an application is rejected the 
Administrator shall notify the manufacturer in writing and set forth the 
reasons for such rejection. The manufacturer may request a hearing under 
Sec. 86.443.



Sec. 86.418-78  Test fleet selection.

    (a) Test fleet selection and requirements on test vehicles are found 
in Sec. Sec. 86.419 to 86.423. This selection process is also 
graphically depicted in Figure E78-1.
[GRAPHIC] [TIFF OMITTED] TR06OC93.172

    (b) [Reserved]



Sec. 86.419-78  Engine displacement, motorcycle classes.

    (a)(1) Engine displacement shall be calculated using nominal engine 
values and rounded to the nearest whole cubic centimetre, in accordance 
with ASTM E 29-67.
    (2) For rotary engines, displacement means the maximum volume of a 
combustion chamber between two rotor tip seals minus the minimum volume 
of that combustion chamber between those two rotor tip seals times three 
times the number of rotors.

cc=(max. chamber volume - min. chamber volume) x 3 x no. of rotors

    (b) Motorcycles will be divided into classes based on engine 
displacement.
    (1) Class I--50 to 169 cc (3.1 to 10.4 cu. in.).
    (2) Class II--170 to 279 cc (10.4 to 17.1 cu. in.).
    (3) Class III--280 cc and over (17.1 cu. in. and over).
    (c) At the manufacturer's option, a vehicle described in an 
application for certification may be placed in a higher class (larger 
displacement). All procedures for the higher class must then be complied 
with, compliance with emission standards will be determined on the basis 
of engine displacement.



Sec. 86.419-2006  Engine displacement, motorcycle classes.

    (a)(1) Engine displacement shall be calculated using nominal engine 
values and rounded to the nearest whole cubic centimeter, in accordance 
with ASTM E 29-93a (incorporated by reference in Sec. 86.1).
    (2) For rotary engines, displacement means the maximum volume of a 
combustion chamber between two rotor tip seals, minus the minimum volume 
of the combustion chamber between those two rotor tip seals, times three 
times the number of rotors, according to the following formula:

cc = (max. chamber volume - min. chamber volume) x 3 x no. of rotors


[[Page 729]]


    (b) Motorcycles will be divided into classes based on engine 
displacement.
    (1) Class I--0 to 169 cc (0 to 10.4 cu. in.).
    (i) Class I motorcycles with engine displacement less than 50 cc 
comprise the Class I-A subclass.
    (ii) Class I motorcycles with engine displacement 50 cc or higher 
comprise the Class I-B subclass.
    (2) Class II--170 to 279 cc (10.4 to 17.1 cu. in.).
    (3) Class III--280 cc and over (17.1 cu. in. and over).
    (c) At the manufacturer's option, a vehicle described in an 
application for certification may be placed in a higher class (larger 
displacement). All procedures for the higher class must then be complied 
with and compliance with emission standards will be determined on the 
basis of engine displacement.

[69 FR 2437, Jan. 15, 2004]



Sec. 86.420-78  Engine families.

    (a) The vehicles covered in the application will be divided into 
groupings whose engines are expected to have similar emission 
characteristics throughout their useful life. Each group of engines with 
similar emission characteristics shall be defined as a separate engine 
family.
    (b) Reciprocating families. To be classed in the same engine family, 
reciprocating engines must be identical in all of the following 
applicable respects:
    (1) The combustion cycle.
    (2) The cooling mechanism.
    (3) The cylinder configuration (inline, vee, opposed, bore spacings, 
etc.).
    (4) The number of cylinders.
    (5) The engine displacement class, Sec. 86.419.
    (6) The method of air aspiration.
    (7) The number of catalytic converters, location, volume, and 
composition.
    (8) The thermal reactor characteristics.
    (9) The number of carburetors.
    (10) The prechamber characteristics.
    (c) At the manufacturer's option, reciprocating engines identical in 
all the respects listed in paragraph (b) of this section may be further 
divided into different engine families if the Administrator determines 
that they may be expected to have different emission characteristics. 
This determination will be based upon a consideration of features such 
as:
    (1) The bore and stroke.
    (2) The combustion chamber configuration.
    (3) The intake and exhaust timing method of actuation (poppet valve, 
reed valve, rotary valve, etc.).
    (4) The intake and exhaust valve or port sizes, as applicable.
    (5) The fuel system.
    (6) The exhaust system.
    (d) Rotary families. To be classed in the same engine family, rotary 
combustion cycle engines must be identical in all of the following 
applicable respects:
    (1) The major axis of the epitrochoidal curve.
    (2) The minor axis of the epitrochoidal curve.
    (3) The generating radius of the epitrochoidal curve.
    (4) The cooling mechanism.
    (5) The number of rotors.
    (6) The engine displacement class, Sec. 86.419.
    (7) The method of air aspiration.
    (8) The number of catalytic converters, location, volume and 
composition.
    (9) The thermal reactor characteristics.
    (10) The number of carburetors.
    (11) The prechamber characteristics.
    (e) At the manufacturer's option, rotary combustion cycle engines 
identical in all the respects listed in paragraph (d) of this section, 
may be further divided into different engine families if the 
Administrator determines that they may be expected to have different 
emission characteristics. This determination will be based upon a 
consideration of features, such as:
    (1) The width of the rotor housing.
    (2) The type and location of intake port (side, peripheral, 
combination, etc.).
    (3) The number of spark plugs per rotor.
    (4) The fuel system.
    (5) The exhaust system.
    (f) Where engines are of a type which cannot be divided into engine 
families

[[Page 730]]

based upon the criteria listed in paragraphs (b) and (d) of this 
section, the Administrator will establish families of those engines 
based upon the features most related to their emission characteristics.

[42 FR 1126, Jan. 5, 1977, as amended at 44 FR 48205, Aug. 17, 1979]



Sec. 86.421-78  Test fleet.

    (a) A test vehicle will be selected by the Administrator to 
represent each engine-displacement-system combination. The configuration 
(engine calibration, transmission, drive ratio, mass, options, etc.) in 
the manufacturer's application which the Administrator believes has the 
greatest probability of exceeding the standards will be selected.
    (b) At the manufacturer's option, the Administrator will only select 
one vehicle to represent each engine family where the total projected 
annual sales for that family are less than 5,000 vehicles.
    (c) A manufacturer may elect to operate and test additional vehicles 
which are identical to those selected by the Administrator. Written 
notice of a commitment to operate and test additional vehicles shall be 
given to the Administrator prior to the start of testing and not later 
than 30 days following notification of the test fleet selection. The 
results of tests performed by the manufacturer will be combined to 
determine deterioration factors. Each vehicle must meet applicable 
standards when tested by the Administrator and when those results are 
projected to the useful life.
    (d) In lieu of testing a test vehicle and submitting data therefore, 
a manufacturer may, with the prior written approval of the 
Administrator, submit exhaust emission data on a similar vehicle for 
which certification has previously been obtained or for which all 
applicable data has previously been submitted.



Sec. 86.422-78  Administrator's fleet.

    The Administrator may require additional test vehicles identical in 
all material respects to vehicles selected in accordance with Sec. 
86.421. The number of vehicles selected shall not increase the size of 
the test fleet by more than 20 percent or one vehicle, whichever is 
greater.



Sec. 86.423-78  Test vehicles.

    (a)(1) Before beginning service accumulation on a test vehicle, the 
manufacturer may perform a zero-kilometer exhaust emission test.
    (2) If such a test is performed, the data shall be submitted to the 
Administrator when the application is submitted.
    (3) Zero-kilometer test results shall not be included in the 
determination of deterioration factors.
    (b) Once a manufacturer begins to operate a test vehicle, as 
indicated by compliance with paragraph (a) of this section, the data 
from the vehicle will be used, unless specified otherwise by the 
Administrator. Discontinuation of a vehicle shall be allowed only with 
the written consent of the Administrator.
    (c) Test vehicles shall be calibrated at zero kilometres within the 
production tolerances applicable to the manufacturer's specifications.
    (d) The Administrator may disqualify a vehicle which receives 
assembly line operations and adjustments which will not be performed on 
production vehicles.

[42 FR 1126, Jan. 5, 1977, as amended at 49 FR 48138, Dec. 10, 1984]



Sec. 86.425-78  Test procedures.

    (a) Motorcycle emission test procedures are found in subpart F.
    (b) The Administrator may prescribe emission test procedures for any 
motorcycle which he determines is not susceptible to satisfactory 
testing by the procedures set forth in subpart F.
    (c) Testing of any type with respect to any test vehicle other than 
that specified in this subpart and subpart F is not allowed except as 
specifically authorized by the Administrator.



Sec. 86.426-78  Service accumulation.

    (a) The procedure for service accumulation will be the Durability 
Driving Schedule as specified in appendix IV to this part. A modified 
procedure may also be used if approved in advance by the Administrator. 
Except with the advance approval of the Administrator, all vehicles will 
accumulate distance

[[Page 731]]

at a measured curb mass which is within 5 kg (11.0 lb) of the loaded 
vehicle mass specified by the Administrator.
    (b) During service accumulation, vehicles shall not be operated for 
more than 12 hours during an operating sequence. Engine shutdowns are 
permitted during the operating sequence, but the periods of shutdown are 
not included in the 12 hour total. Following each operating sequence, 
the vehicle shall soak, without operation, for a minimum of 8 hours. 
During soak periods, the vehicle shall be exposed to normal outside 
ambient temperatures and humidity conditions unless vehicle maintenance 
or servicing is being performed.
    (c) The manufacturer's recommended shifting procedure will be used 
for laps 1 through 10. Lap 11 shifts (W.O.T. accelerations) must be 
conducted at the manufacturer's recommended maximum safe engine speed.

[42 FR 1126, Jan. 5, 1977, as amended at 42 FR 56737, Oct. 28, 1977]



Sec. 86.427-78  Emission tests.

    (a)(1) Each test vehicle shall be driven with all emission control 
systems installed and operating for the following total test distances, 
or for such lesser distances as the Administrator may agree to as 
meeting the objectives of this procedure. (See Sec. 86.419 for class 
explanation.)

------------------------------------------------------------------------
                                  Total test   Minimum test    Minimum
       Displacement class          distance      distance     number of
                                 (kilometers)  (kilometers)     tests
------------------------------------------------------------------------
I..............................         6,000         2,500            4
II.............................         9,000         2,500            4
III............................        15,000         3,500            4
------------------------------------------------------------------------

    (2) A zero kilometer emission test may be performed prior to the 
beginning of service accumulation.
    (b) All vehicles shall undergo at least four emission tests; one at 
the minimum test distance, one before and one after periodic 
maintenance, and one at the total test distance. If no maintenance is 
scheduled, then at least two tests will be performed, at equal 
intervals, between the minimum and total test distances. Additional 
tests may be performed; such tests must be at equal intervals and 
approved by the Administrator prior to starting service accumulation.
    (c) Where the Administrator agrees to a lesser distance for service 
accumulation, he may modify the maintenance provisions of this subpart.
    (d) All tests required by this subpart must be conducted at an 
accumulated distance within 250 kilometers (155 mi) of the nominal 
distance at each test point.
    (e)(1) If a manufacturer conducts multiple tests at any test point 
at which the data are intended to be used in the calculation of the 
deterioration factor, the number of tests must be the same at each point 
and may not exceed three valid tests unless the manufacturer chooses to 
average the test results.
    (2) If the manufacturer chooses to average the test results at a 
test point, he may conduct more tests than the minimum number of tests 
conducted at any other test point.
    The results of the multiple tests shall be averaged to create a 
single value which is the test point value used in the deterioration 
factor calculation specified in Sec. 86.432-78.
    (3) When using this option to generate data for a particular test 
point, the manufacturer must include in the average all valid test data 
generated at that test point.
    (4) The manufacturer shall follow the same procedure for all exhaust 
pollutants.
    (5) The test results obtained from the emission tests performed 
before and after maintenance affecting emissions shall not be averaged.
    (f) The Administrator may require that any one or more of the test 
vehicles be submitted to him, at such places as he may designate, for 
the purpose of conducting emissions tests. The Administrator may specify 
that he will conduct such testing at the manufacturer's facility, in 
which case instrumentation and equipment specified by the Administrator 
shall be made available by the manufacturer for test operations. Any 
testing conducted at a manufacturer's facility pursuant to this 
paragraph shall be scheduled by the manufacturer as promptly as 
possible.

[[Page 732]]

    (g) Whenever the Administrator conducts a test on a test vehicle, 
the results of that test, unless subsequently invalidated by the 
Administrator, shall comprise the data for the vehicle at that 
prescribed test point and the manufacturer's data for that prescribed 
test point shall not be used in determining compliance with emission 
standards.

[42 FR 1126, Jan. 5, 1977, as amended at 49 FR 48139, Dec. 10, 1984]



Sec. 86.428-80  Maintenance, scheduled; test vehicles.

    (a) Periodic maintenance on the engine, emission control system, and 
fuel system of test vehicles shall be scheduled for performance at the 
same distance intervals that will be specified in the manufacturer's 
maintenance instructions furnished to the ultimate purchaser. Such 
maintenance shall be performed only under the following provisions.
    (b) Periodic major engine tune-ups to the manufacturer's 
specifications may be performed no more frequently than as follows nor 
may any tune-up be performed within 1000 km prior to the official test.

------------------------------------------------------------------------
                                                               Minimum
                     Displacement class                        interval
                                                             (kilometer)
------------------------------------------------------------------------
I..........................................................        3,000
II.........................................................        3,000
III........................................................        4,000
------------------------------------------------------------------------

    (c) A scheduled major engine tune-up shall be restricted to items 
listed below and shall be conducted in a manner consistent with service 
instructions and specifications provided by the manufacturer for use by 
customer service personnel. The following items may be inspected, 
replaced, cleaned, adjusted, and/or serviced as required: (1) Breaker 
points, timing, (2) idle speed and idle air/fuel mixture, (3) valve 
lash, (4) engine bolt torque, and (5) spark plugs.
    (d) The Administrator will specify the ignition timing, idle air 
fuel mixture and other fuel system adjustments to be used at each tune-
up. The settings selected will be those the Administrator deems 
appropriate within the physically available range.
    (e) Periodic change of engine and transmission oil, and change or 
service of oil, air, and fuel filters will be allowed at the same 
distance intervals that will be specified in the manufacturer's 
maintenance instructions.
    (f) Requests for authorization of periodic maintenance of emission 
control related components not specifically authorized to be maintained 
by this section, and for anticipated maintenance (see Sec. 86.428), 
must be made prior to the beginning of distance accumulation. The 
Administrator will approve the performance of such maintenance if the 
manufacturer makes a satisfactory showing that the maintenance will be 
performed on vehicles in use and that the maintenance is reasonable and 
necessary.
    (1) The EGR system may be serviced a maximum of two times during the 
durability service accumulation if failure of the EGR system activates 
an audible and/or visual signal approved by the Administrator which 
alerts the vehicle operator to the need for EGR system maintenance, or 
if the need for periodic maintenance of the EGR system is overtly 
signalled to the vehicle operator by an appropriate means, e.g., an 
indicator light or significantly reduced driveability performance.
    (2) The catalytic converter may be serviced only once during the 
durability service accumulation if failure of the catalytic converter 
activates an audible and/or visual signal approved by the Administrator 
which alerts the vehicle operator to the need for catalytic converter 
maintenance, or if the need for periodic maintenance of the catalytic 
converter is overtly signalled to the vehicle operator by an appropriate 
means, e.g., an indicator light or significantly reduced driveability 
performance.
    (g) Certain engine components may require maintenance which, by its 
nature, cannot be scheduled for periodic intervals, but which the 
manufacturer believes will be necessary. For example, piston and 
cylinder replacement caused by piston seizure which results in the 
vehicle being inoperative; or in the case of two-stroke engines, 
decarbonization, the need for which is signalled to the vehicle operator 
by

[[Page 733]]

significantly reduce driveability performance. Such maintenance is 
designated anticipated maintenance. Anticipated maintenance must be 
identified by the manufacturer and approved as being appropriate by the 
Administrator prior to the start of service accumulation. The 
approximate distance at which the need for anticipated maintenance may 
arise must be specified in the application for certification.
    (h) Complete emission tests (see subpart F) are required, unless 
waived by the Administrator, before and after any vehicle maintenance 
which may reasonably be expected to affect emissions.



Sec. 86.429-78  Maintenance, unscheduled; test vehicles.

    (a) Any unscheduled engine, emission control system, or fuel system 
adjustment, repair, removal, disassembly, cleaning, or replacement on 
vehicles shall be performed only with the advance approval of the 
Administrator.
    (1) In the case of unscheduled maintenance, such approval will be 
given if the Administrator:
    (i) Has made a preliminary determination that part failure or system 
malfunction, or the repair of such failure or malfunction, does not 
render the vehicle unrepresentative of vehicles in use, and does not 
require direct access to the combustion chamber, except for spark plug, 
fuel injection component, or removable prechamber removal or 
replacement; and
    (ii) Has made a determination that the need for maintenance or 
repairs is indicated by an overt indication of malfunction such as 
persistent misfire, vehicle stall, overheating, fluid leakage, loss of 
oil pressure, or charge indicator warning.
    (2) Emission measurements may not be used as a means of determining 
the need for unscheduled maintenance under paragraph (a)(1)(i) of this 
section.
    (b) Repairs to vehicle components of test vehicles, other than the 
engine, emission control system, or fuel system, shall be performed only 
as a result of part failure, vehicle system malfunction, or with the 
advance approval of the Administrator.
    (c) The Administrator shall be given the opportunity to verify the 
extent of an overt indication of part failure and/or vehicle malfunction 
(e.g., misfire, stall), or an activation of an audible and/or visual 
signal, prior to the performance of any maintenance to which such overt 
indication or signal is relevant under the provisions of this section.
    (d) Equipment, instruments, or tools may not be used to identify 
malfunctioning, maladjusted, or defective engine components unless the 
same or equivalent equipment, instruments, or tools will be available at 
dealerships and other service outlets and
    (1) Are used in conjunction with scheduled maintenance on such 
components, and
    (2) Are used subsequent to the identification of a vehicle or engine 
malfunction, as provided in paragraph (a)(1) of this section for 
durability or emission data vehicles, or
    (3) Unless specifically authorized by the Administrator.
    (e) If the Administrator determines that part failure or system 
malfunction occurrence and/or repair rendered the vehicle 
unrepresentative of vehicles in use, the vehicle shall not be used as a 
test vehicle.
    (f) Complete emission tests are required, unless waived by the 
Administrator, before and after any vehicle maintenance which may 
reasonably be expected to affect emissions.



Sec. 86.430-78  Vehicle failure.

    Any test vehicle which incurs major mechanical failure necessitating 
disassembly of the engine shall not be used as a test vehicle. This 
prohibition does not apply to failures occurring after the completion of 
all required tests at the total test distance.

[49 FR 48139, Dec. 10, 1984]



Sec. 86.431-78  Data submission.

    (a) Data from all tests (including voided tests) performed by a 
manufacturer with total projected sales in excess of 10,000 vehicles 
shall be included in the application.
    (b) The manufacturer shall furnish to the Administrator explanation 
for voiding any test. The Administrator will determine if voiding the 
test was

[[Page 734]]

appropriate based upon the explanation given by the manufacturer. If the 
Administrator determines that voiding the test was not appropriate, the 
Administrator may require that the data from that test be used in the 
calculation of the deterioration factor for emissions.
    (c) When unscheduled or anticipated maintenance is performed, a 
complete record of all pertinent maintenance, including the malfunction 
diagnosis made, the corrective action taken, and the test data obtained 
shall be included in the application.
    (d) A complete record of all maintenance shall be supplied.

[42 FR 1126, Jan. 5, 1977, as amended at 49 FR 48139, Dec. 10, 1984]



Sec. 86.432-78  Deterioration factor.

    (a) Deterioration factors shall be developed for each test vehicle 
from the emission test results. A separate factor shall be developed for 
each pollutant. The applicable data to be used in calculating these 
factors are:
    (1) The results from all valid tests conducted by the manufacturer 
or Administrator at scheduled test intervals.
    (2) The results from tests conducted before and after scheduled 
maintenance unless specifically excluded by the Administrator.
    (3) The results from tests conducted before and after unscheduled 
maintenance, if approval of the maintenance by the Administrator was 
conditioned on the data being used in the deterioration factor 
calculation.
    (b) Emission results which are less than 0.10 g/km shall be 
considered to be 0.10 g/km for purposes of this section.
    (c) Test results for each pollutant shall be plotted as a function 
of the service accumulated at the start of the emission test, rounded to 
the nearest kilometre. These results shall be correlated to a straight 
line, fit by the method of least squares.
    (d) An exhaust emission deterioration factor will be calculated by 
dividing the predicted emissions at the useful life distance by the 
predicted emissions at the total test distance. Predicted emissions are 
obtained from the correlation developed in paragraph (c) of this 
section.

Factor = Predicted total distance emissions/Predicted total test 
    distance emissions


These interpolated and extrapolated values shall be carried out to four 
places to the right of the decimal point before dividing one by the 
other to determine the deterioration factor. The results shall be 
rounded to three places to the right of the decimal point in accordance 
with ASTM E 29-67.
    (e) Deterioration factors computed to be less than 1.000 shall be 
1.000.
    (f)(1) The manufacturer has the option of applying an outlier test 
point procedure to completed durability data within its certification 
testing program for a given model year.
    (2) The outlier procedure will be specified by the Administrator.
    (3) For any pollutant, durability-data test points that are 
identified as outliers shall not be included in the determination of 
deterioration factors if the manufacturer has elected this option.
    (4) The manufacturer shall specify to the Administrator, before the 
certification of the first engine family for that model year, if it 
intends to use the outlier procedure.
    (5) The manufacturer may not change procedures after the first 
engine family of the model year is certified.
    (6) Where the manufacturer chooses to apply the outlier procedure to 
a data set containing data which were averaged under Sec. 86.427-78(e), 
the outlier procedure shall be completed before averaging the data.

[42 FR 1126, Jan. 5, 1977, as amended at 42 FR 56737, Oct. 28, 1977; 49 
FR 48139, Dec. 10, 1984]



Sec. 86.434-78  Testing by the Administrator.

    (a) At the conclusion of service accumulation, and after emission 
tests for deterioration, the Administrator may require confirmatory 
testing. The Administrator will designate where such testing shall be 
performed.
    (b) The manufacturer may request a retest. The results of the retest 
will be used to determine compliance.
    (c) If the emission results exceed the standard, certification will 
be denied.

[49 FR 48139, Dec. 10, 1984]

[[Page 735]]



Sec. 86.435-78  Extrapolated emission values.

    (a) If the deterioration factor lines are below the standards 
between the minimum test distance and the useful life, or if all points 
used to generate the lines are below the standards, predicted useful 
life emissions shall be calculated. If not, the manufacturers may elect 
to withdraw the vehicle or accumulate additional service.
    (b) The emission test results of each pollutant obtained from the 
half life test will be multiplied by the appropriate deterioration 
factors to determine useful life emissions.
    (1) If the useful life emissions are below the standards, 
certification will be granted.
    (2) If any of the useful life emissions exceed the emission 
standards, the vehicle must (if not withdrawn) accumulate distance to 
the useful life.

[42 FR 1126, Jan. 5, 1977, as amended at 49 FR 48139, Dec. 10, 1984]



Sec. 86.436-78  Additional service accumulation.

    (a) Additional service up to the useful life will be accumulated 
under the same conditions as the initial service accumulation.
    (b) New deterioration lines will be generated using all applicable 
test points up to the useful life. The same procedures for determining 
the original deterioration lines will be used.
    (c) [Reserved]
    (d) To qualify for certification:
    (1) The full life emission test results must be below the standards, 
and
    (2) The deterioration line must be below the standard at the minimum 
test distance and the useful life, or all points used to generate the 
line, must be below the standard.
    (e) If the vehicle is unable to complete the total distance due to 
engine mechanical failure, certification will be granted if:
    (1) The mechanical failure was anticipated, Sec. 86.428, and
    (2) A new deterioration line calculated using the procedure 
described in Sec. 86.436-78(b) is below the standard at the minimum 
test distance and at the useful life, and,
    (3) The results of the half life emission tests, when adjusted by 
the new deterioration factors, are below the standards.

[42 FR 1126, Jan. 5, 1977, as amended at 49 FR 48139, Dec. 10, 1984]



Sec. 86.437-78  Certification.

    (a) New motorcycles produced by a manufacturer whose projected sales 
in the United States is 10,000 or more units (for the model year in 
which certification is sought) are covered by the following:
    (1) The manufacturer shall submit to the Administrator a statement 
that the test vehicles with respect to which data are submitted have 
been tested in accordance with the applicable test procedures, that they 
meet the requirements of such tests, and that, on the basis of such 
tests, they conform to the requirements of the regulations in this part. 
If such statements cannot be made with respect to any vehicle tested, 
the vehicle shall be identified, and all pertinent test data relating 
thereto shall be supplied.
    (2)(i) If, after a review of the test reports and data submitted by 
the manufacturer, data derived from any inspection carried out under 
Sec. 86.441 and any other pertinent data or information, the 
Administrator determines that a test vehicle(s) meets the requirements 
of the Act and of this subpart, he will issue a certificate of 
conformity with respect to such vehicle(s) except in cases covered by 
Sec. 86.442.
    (ii) Such certificate will be issued for such period not to exceed 
one model year as the Administrator may determine and upon such terms as 
he may deem necessary to assure that any new motorcycle covered by the 
certificate will meet the requirements of the act and of this subpart.
    (iii) The certificate will cover all vehicles represented by the 
test vehicle and will certify compliance with no more than one set of 
applicable standards.
    (3)(i) If, after a review of the test reports and data submitted by 
the manufacturer, data derived from any additional testing conducted 
pursuant to Sec. 86.427, or information derived from any inspection 
carried out under Sec. 86.441, or any other pertinent data or 
information, the Administrator determines that one or more test vehicles 
of

[[Page 736]]

the certification test fleet do not meet applicable standards, he will 
notify the manufacturer in writing, setting forth the basis for his 
determination. The manufacturer may request a hearing on the 
Administrator's determination.
    (ii) The manufacturer may, at his option, proceed with any of the 
following alternatives with respect to any vehicles represented by a 
test vehicle(s) determined not in compliance with applicable standards:
    (A) Request a hearing.
    (B) Delete from the application for certification the vehicles 
represented by the failing test vehicle. (Vehicles so deleted may be 
included in a later request for certification under paragraph 
(b)(2)(iii) of this section.) The Administrator will then select in 
place of each failing vehicle an alternate vehicle chosen in accordance 
with selection criteria employed in selecting the vehicle that failed, 
or
    (C) Repair the test vehicle and demonstrate by testing that it meets 
applicable standards. Another vehicle which is in all material respects 
the same as the first vehicle, as repaired, shall then be operated and 
tested in accordance with applicable test procedures.
    (iii) If the manufacturer does not request a hearing or present the 
required data under subparagraph (2) of this paragraph, the 
Administrator will deny certification.
    (b) New motorcycles produced by a manufacturer whose projected sales 
in the United States is less than 10,000 units (for the model year in 
which certification is sought) are covered by the following:
    (1) The manufacturer shall submit to the Administrator an 
application for certification containing the following:
    (i) A brief description of the vehicles to be covered by the 
certificate (the manufacturer's sales data book or advertising including 
specifications will satisfy this requirement for most manufacturers).
    (ii) A statement signed by the authorized representative of the 
manufacturer stating: ``The vehicles described herein have been tested 
in accordance with the provisions of subpart E, part 86, title 40, of 
the Code of Federal Regulations, and on the basis of these tests are in 
conformance with that subpart. All of the data and records required by 
that subpart are on file and are available for inspection by the 
Administrator. Total sales of vehicles subject to this subpart will be 
limited to less than 10,000 units.''
    (iii) The name of an agent for service of process located in the 
United States. Service on this agent constitutes service on you or any 
of your officers or employees for any action by EPA or otherwise by the 
United States related to the requirements of this part.
    (2) If, after a review of the statement the Administrator determines 
that the requirements of this subpart have been met, he will issue a 
certificate of conformity with respect to the described vehicles except 
in cases covered by Sec. 86.442.
    (3) Such certificate will be issued for such a period not to exceed 
one model year as the Administrator may determine and upon such terms as 
he may deem necessary to assure that any new motorcycle covered by the 
certificate will meet the requirements of the Act and of this subpart.
    (4) The certificate will cover all vehicles described by the 
manufacturer.
    (5)(i) If, after a review of the statements and descriptions 
submitted by the manufacturer, the Administrator determines that the 
applicable requirements have not been met, he will notify the 
manufacturer in writing, setting forth the basis for his determination. 
The manufacturer may request a hearing on the Administrator's 
determination.
    (ii) If the manufacturer does not request a hearing or present the 
required information the Administrator will deny certification.

[42 FR 1126, Jan. 5, 1977, as amended at 42 FR 56738, Oct. 28, 1977; 46 
FR 50496, Oct. 13, 1981; 47 FR 49807, Nov. 2, 1982; 71 FR 51487, Aug. 
30, 2006]



Sec. 86.438-78  Amendments to the application.

    (a) The manufacturer shall inform the Administrator by way of 
amendment to the application of any proposed changes to vehicles in 
production or additional vehicles to be produced. The Administrator 
will, if appropriate, select a new test vehicle. Except as provided in 
Sec. 86.439, no changes may be

[[Page 737]]

instituted until approved by the Administrator.
    (b) The Administrator may allow reduced testing.



Sec. 86.439-78  Alternative procedure for notification of additions and changes.

    (a)(1) A manufacturer may, in lieu of notifying the Administrator in 
advance of an addition of a vehicle or a change in a vehicle under Sec. 
86.438-78, notify the Administrator concurrently with the addition of a 
vehicle or the making of a change in a vehicle if the manufacturer 
determines that following the change all vehicles affected by the 
addition or change will still meet the applicable emission standards.
    (2) Such notification shall include a full description of the 
addition or change and any supporting documentation the manufacturer may 
include to support the manufacturer's determination that the addition or 
change does not cause noncompliance.
    (3) The manufacturer's determination that the addition or change 
does not cause noncompliance shall be based on an engineering evaluation 
of the addition or change and/or testing.
    (b) [Reserved]
    (c)(1) The Administrator may require that additional emission 
testing be performed to support the manufacturer's original 
determination submitted in accordance with paragraph (a) of this 
section.
    (2) If additional testing is required, the Administrator shall 
proceed as in Sec. 86.438-78.
    (3) Additional test data, if requested, must be provided within 30 
days of the request or the manufacturer must rescind the addition or 
change immediately.
    (4) The Administrator may grant additional time to complete testing.
    (5) If based on this additional testing or any other information, 
the Administrator determines that the vehicles affected by the addition 
or change do not meet the applicable standards, the Administrator will 
notify the manufacturer to rescind the addition or change immediately 
upon receipt of the notification.
    (d) Election to produce vehicles under this section will be deemed 
to be a consent to recall all vehicles which the Administrator 
determines under Sec. 86.438-78 do not meet applicable standards, and 
to cause such nonconformity to be remedied at no expense to the owner.

[49 FR 48139, Dec. 10, 1984]



Sec. 86.440-78  Maintenance of records.

    (a) The manufacturer of any motorcycle subject to any of the 
standards or procedures prescribed in this subpart shall establish, 
maintain and retain the following adequately organized and indexed 
records;
    (1) General records. (i)(A) Identification and description of all 
certification vehicles for which testing is required under this subpart.
    (B) A description of all emission control systems which are 
installed on or incorporated in each certification vehicle.
    (C) A description of all procedures used to test each such 
certification vehicle.
    (ii) A properly completed application, following the format 
prescribed by the U.S. EPA for the appropriate year of production, 
fulfills each of the requirements of this paragraph.
    (2) Individual records. (i) A brief history of each motocycle used 
for certification under this subpart including:
    (A)(1) In the case where a current production engine is modified for 
use in a certification vehicle, a description of the process by which 
the engine was selected and of the modification made.
    (2) In the case where the engine for a certification vehicle is not 
derived from a current production engine, a general description of the 
build-up of the engine (e.g., experimental heads were cast and machined 
according to supplied drawings, etc.)
    (3) In both cases above, a description of the origin and selection 
process for the carburetor, fuel system, emission control system 
components, and exhaust after treatment device shall be included.
    (4) The required description shall specify the steps taken to assure 
that the certification vehicle with respect to its engine, drive train, 
fuel system, emission control system components, exhaust after treatment 
device, vehicle

[[Page 738]]

mass, or any other device or component that can reasonably be expected 
to influence exhaust emissions, will be representative of production 
vehicles, and that either all components and/or vehicle construction 
processes, component inspection and selection techniques, and assembly 
techniques employed in constructing such vehicles are reasonably likely 
to be implemented for production vehicles, or they are as closely 
analogous as practicable to planned construction and assembly processes.
    (B) A complete record of all emission tests performed (except tests 
performed by EPA directly) including test results, the date and purpose 
of each test, and the distance accumulated on the vehicle.
    (C) The date of each service accumulation run, listing the distance 
accumulated.
    (D) [Reserved]
    (E) A record and description of all maintenance and other servicing 
performed, giving the date of the maintenance or service and the reason 
for it.
    (F) A record and description of each test performed to diagnose 
engine or emissions control system performance, giving the date and time 
of the test and the reason for it.
    (G) [Reserved]
    (H) A brief description of any significant events affecting the 
vehicle during any time in the period covered by the history, not 
described by an entry under one of the previous headings, including such 
extraordinary events as vehicle accidents or dynamometer runaway.
    (ii) Each such history shall be started on the date that the first 
of any of the selection or build-up activities in paragraph (a)(2)(i)(A) 
of this section occurred with respect to the certification vehicle, 
shall be updated each time the operational status of the vehicle changes 
or additional work is performed on it, and shall be kept in a designated 
location.
    (3) All records, other than routine emission test records, required 
to be maintained under this subpart shall be retained by the 
manufacturer for a period of six (6) years after the issuance of all 
certificates of conformity to which they relate. Routine emission test 
records shall be retained by the manufacturer for a period of one (1) 
year after issuance of all certificates of conformity to which they 
relate. Records may be retained as hard copy or reduced to microfilm, 
punch cards, etc., depending on the record retention procedures of the 
manufacturer: Provided That, in every case, all the information 
contained in the hard copy shall be retained.

[42 FR 1126, Jan. 5, 1977, as amended at 42 FR 56738, Oct. 28, 1977; 49 
FR 48140, Dec. 10, 1984]



Sec. 86.441-78  Right of entry.

    (a) Any manufacturer who has applied for certification of a new 
motorcycle subject to certification tests under this subpart shall admit 
or cause to be admitted any EPA Enforcement Officer during operating 
hours on presentation of any credentials to any of the following:
    (1) Any facility where any such tests or any procedures or 
activities connected with such tests are or were performed.
    (2) Any facility where any new motorcycle which is being, was or is 
to be tested is present.
    (3) Any facility where any construction process or assembly process 
used in the modification or build-up of such a vehicle into a 
certification vehicle is taking place or has taken place.
    (4) Any facility where any record or other document relating to any 
of the above is located.
    (b) Upon admission to any facility referred to in paragraph (c)(1) 
of this section, any EPA Enforcement Officer shall be allowed:
    (1) To inspect and monitor any part or aspect of such procedures, 
activities, and testing facilities, including, but not limited to, 
monitoring vehicle preconditioning, emissions tests and service 
accumulation, maintenance, and vehicle soak and storage procedures; and 
to verify correlation or calibration of test equipment;
    (2) To inspect and make copies of any such records, designs, or 
other documents; and
    (3) To inspect and/or photograph any part or aspect of any such 
certification vehicle and any components to be used in the construction 
thereof.

[[Page 739]]

    (c) In order to allow the Administrator to determine whether or not 
production motorcycles conform in all material respects to the design 
specifications which applied to those vehicles described in the 
application for certification for which a certificate of conformity has 
been issued and to standards prescribed under section 202 of the Act, 
any manufacturer shall admit any EPA Enforcement Officer on presentation 
of credentials to both:
    (1) Any facility where any document design, or procedure relating to 
the translation of the design and construction of engines and emission 
related components described in the application for certification or 
used for certification testing into production vehicles is located or 
carried on; and
    (2) Any facility where any motorcycles to be introduced into 
commerce are manufactured or assembled.
    (d) On admission to any such facility referred to in paragraph 
(c)(3) of this section, any EPA Enforcement Officer shall be allowed:
    (1) To inspect and monitor any aspects of such manufacture or 
assembly and other procedures;
    (2) To inspect and make copies of any such records, documents or 
designs; and
    (3) To inspect and photograph any part or aspect of any such new 
motorcycles and any component used in the assembly thereof that are 
reasonably related to the purpose of his entry.
    (e) Any EPA Enforcement Officer shall be furnished by those in 
charge of a facility being inspected with such reasonable assistance as 
he may request to help him discharge any function listed in this 
paragraph. Each applicant for or recipient of certification is required 
to cause those in charge of a facility operated for its benefit to 
furnish such reasonable assistance without charge to EPA whether or not 
the applicant controls the facility.
    (f) The duty to admit or cause to be admitted any EPA Enforcement 
Officer applies whether or not the applicant owns or controls the 
facility in question and applies both to domestic and to foreign 
manufacturers and facilities. EPA will not attempt to make any 
inspections which it has been informed that local law forbids. However, 
if local law makes it impossible to do what is necessary to insure the 
accuracy of data generated at a facility, no informed judgment that a 
vehicle or engine is certifiable or is covered by a certificate can 
properly be based on that data. It is the responsibility of the 
manufacturer to locate its testing and manufacturing facilities in 
jurisdictions where this situation will not arise.
    (g) For purposes of this section:
    (1) Presentation of credentials shall mean display of the document 
designating a person as an EPA Enforcement Officer.
    (2) Where vehicle, component, or engine storage areas or facilities 
are concerned, operating hours shall mean all times during which 
personnel other than custodial personnel are at work in the vicinity of 
the area or facility and have access to it.
    (3) Where facilities or areas other than those covered by paragraph 
(g)(2) of this section are concerned, operating hours shall mean all 
times during which an assembly line is in operation or all times during 
which testing, maintenance, service accumulation, production or 
compilation of records, or any other procedure or activity related to 
certification testing, to translation of designs from the test stage to 
the production stage, or to vehicle manufacture or assembly is being 
carried out in a facility.
    (4) Reasonable assistance includes, but is not limited to, clerical, 
copying, interpretation and translation services, the making available 
on request of personnel of the facility being inspected during their 
working hours to inform the EPA Enforcement Officer of how the facility 
operates and to answer his questions, and the performance on request of 
emissions tests on any vehicle which is being, has been, or will be used 
for certification testing. Such tests shall be nondestructive, but may 
require appropriate service accumulation. A manufacturer may be 
compelled to cause the personal appearance of any employee at such a 
facility before an EPA Enforcement Officer by written request for his 
appearance, signed by the Assistant Administrator for Enforcement, 
served on the manufacturer. Any such employee who has

[[Page 740]]

been instructed by the manufacturer to appear will be entitled to be 
accompanied, represented, and advised by counsel. No counsel who 
accompanies, represents, or advises an employee compelled to appear may 
accompany, represent, or advise any other person in the investigation.
    (5) Any entry without 24 hours prior written or oral notification to 
the affected manufacturer shall be authorized in writing by the 
Assistant Administrator for Enforcement.



Sec. 86.442-78  Denial, revocation, or suspension of certification.

    (a) Notwithstanding the fact that any certification vehicle(s) may 
comply with other provisions of this subpart, the Administrator may 
withhold or deny the issuance of a certificate of conformity (or suspend 
or revoke any such certificate which has been issued) with respect to 
any such vehicle(s) if:
    (1) The manufacturer submits false or incomplete information in his 
application for certification thereof; or
    (2) The manufacturer renders inaccurate or invalid any test data 
which he submits pertaining thereto or otherwise circumvents the intent 
of the Act or of this subpart with respect to such vehicle; or
    (3) Any EPA Enforcement Officer is denied access on the terms 
specified in Sec. 86.441 to any facility or portion thereof which 
contains any of the following:
    (i) The vehicle, or
    (ii) Any components used or considered for use in its modification 
or build-up into a certification vehicle, or
    (iii) Any production vehicle which is or will be claimed by the 
manufacturer to be covered by the certificate, or
    (iv) Any step in the construction of a vehicle described in 
paragraph (c) of this section, or
    (v) Any records, documents, reports, or histories required by this 
part to be kept concerning any of the above.
    (4) Any EPA Enforcement Officer is denied ``reasonable assistance'' 
(as defined in Sec. 86.444) in examining any of the items listed in 
paragraph (a)(1)(iii) of this section.
    (b) The sanctions of withholding, denying, revoking, or suspending 
of a certificate may be imposed for the reasons in paragraph (a) of this 
section only when the infraction is substantial.
    (c) In any case in which a manufacturer knowingly submits false or 
inaccurate information, or knowingly renders inaccurate or invalid any 
test data, or commits any fraudulent acts and such acts contribute 
substantially to the Administrator's decision to issue a certificate of 
conformity, the Administrator may deem such certificate void ab initio.
    (d) In any case in which certification of a vehicle is proposed to 
be withheld, denied, revoked, or suspended under paragraph (a) (3) or 
(4) of this section, and in which the Administrator has presented to the 
manufacturer involved reasonable evidence that a violation of Sec. 
86.441 in fact occurred, the manufacturer, if the wishes to contend 
that, even though the violation occurred, the vehicle in question was 
not involved in the violation to a degree that would warrant 
withholding, denial, revocation, or suspension of certification under 
either paragraph (a) (3) or (4) of this section, shall have the burden 
of establishing that contention to the satisfaction of the 
Administrator.
    (e) Any revocation or suspension of certification under paragraph 
(a) of this section shall:
    (1) Be made only after the manufacturer concerned has been offered 
an opportunity for a hearing conducted in accordance with Sec. 86.444 
hereof.
    (2) Extend no further than to forbid the introduction into commerce 
of vehicles previously covered by the certification which are still in 
the hands of the manufacturer, except in cases of such fraud or other 
misconduct as makes the certification invalid ab initio.
    (f) The manufacturer may request in the form and manner specified in 
Sec. 86.443 that any determination made by the Administrator under 
paragraph (a) of this section to withhold or deny certification be 
reviewed in a hearing conducted in accordance with Sec. 86.444. If the 
Administrator finds, after a review of the request and supporting data, 
that the request raises a substantial factual issue, he will grant the 
request with respect to such issue.

[42 FR 1126, Jan. 5, 1977, as amended at 42 FR 56738, Oct. 28, 1977]

[[Page 741]]



Sec. 86.443-78  Request for hearing.

    Within 30 days following receipt of notification that an application 
has been rejected or that certification has been denied, the 
manufacturer may request a hearing on the Administrator's determination. 
The request shall be in writing, signed by an authorized representative 
of the manufacturer and shall include a statement specifying the 
manufacturer's objections to the Administrator's determinations, and 
data in support of such objections. If, after the review of the request 
and supporting data, the Administrator finds that the request raises a 
substantial factual issue, he shall provide the manufacturer a hearing 
with respect to such issue.



Sec. 86.444-78  Hearings on certification.

    (a)(1) After granting a request for a hearing under Sec. 86.443 the 
Administrator will designate a Presiding Officer for the hearing.
    (2) The General Counsel will represent the Environmental Protection 
Agency in any hearing under this section.
    (3) If a time and place for the hearing have not been fixed by the 
Administrator under Sec. 86.443, the hearing shall be held as soon as 
practicable at a time and place fixed by the Administrator or by the 
Presiding Officer.
    (4) In the case of any hearing requested pursuant to Sec. 86.437, 
the Administrator may in his discretion direct that all argument and 
presentation of evidence be concluded within such fixed period not less 
than 30 days as he may establish from the date that the first written 
offer of a hearing is made to the manufacturer. To expedite proceedings, 
the Administrator may direct that the decision of the Presiding Officer 
(who may, but need not be the Administrator himself) shall be the final 
EPA decision.
    (b)(1) Upon his appointment pursuant to paragraph (a) of this 
section, the Presiding Officer will establish a hearing file. The file 
shall consist of the notice issue by the Administrator under a hearing 
and the supporting data submitted therewith and all documents relating 
to the request for certification and all documents submitted therewith, 
and correspondence and other data material to the hearing.
    (2) The appeal file will be available for inspection by the 
applicant at the office of the Presiding Officer.
    (c) An applicant may appear in person, or may be represented by 
counsel or by any other duly authorized representative.
    (d)(1) The Presiding Officer upon the request of any party, or in 
his discretion, may arrange for a prehearing conference at a time and 
place specified by him to consider the following:
    (i) Simplification of the issues;
    (ii) Stipulations, admissions of fact, and the introduction of 
documents;
    (iii) Limitation of the number of expert witnesses;
    (iv) Possibility of agreement disposing of all or any of the issues 
in dispute;
    (v) Such other matters as may aid in the disposition of the hearing, 
including such additional tests as may be agreed upon by the parties.
    (2) The results of the conference shall be reduced to writing by the 
Presiding Officer and made part of the record.
    (e)(1) Hearings shall be conducted by the Presiding Officer in an 
informal but orderly and expeditious manner. The parties may offer oral 
or written evidence, subject to the exclusion by the Presiding Officer 
of irrevelant, immaterial, and repetitious evidence.
    (2) Witnesses will not be required to testify under oath. However, 
the Presiding Officer shall call to the attention of witnesses that 
their statements may be subject to the provisions of title 18 U.S.C. 
1001 which imposes penalties for knowingly making false statements or 
representations, or using false documents in any matter within the 
jurisdiction of any department or agency of the United States.
    (3) Any witness may be examined or cross-examined by the Presiding 
Officer, the parties, or their representatives.
    (4) Hearings shall be reported verbatim. Copies of transcripts of 
proceedings may be purchased by the applicant from the reporter.
    (5) All written statements, charts, tabulations, and similar data 
offered in evidence at the hearing shall, upon a showing satisfactory to 
the Presiding

[[Page 742]]

Officer of their authenticity, relevancy, and materiality, be received 
in evidence and shall constitute a part of the record.
    (6) Oral argument may be permitted in the discretion of the 
Presiding Officer and shall be reported as part of the record unless 
otherwise ordered by him.
    (f)(1) The Presiding Officer shall make an initial decision which 
shall include written findings and conclusions and the reasons or basis 
therefore on all the material issues of fact, law, or discretion 
presented on the record. The findings, conclusions, and written decision 
shall be provided to the parties and made a part of the record. The 
initial decision shall become the decision of the Administrator without 
further proceedings unless there is an appeal to the Administrator or 
motion for review by the Administrator within 20 days of the date the 
initial decision was filed.
    (2) On appeal from or review of the initial decision the 
Administrator shall have all the powers which he would have in making 
the initial decision including the discretion to require or allow 
briefs, oral argument, the taking of additional evidence or the 
remanding to the Presiding Officer for additional proceedings. The 
decision by the Administrator shall include written findings and 
conclusions and the reasons or basis therefore on all the material 
issues of fact, law, or discretion presented on the appeal or considered 
in the review.



Sec. 86.445-2006  What temporary provisions address hardship due to 
unusual circumstances?

    (a) After considering the circumstances, the Director of the Office 
of Transportation and Air Quality may permit you to introduce into 
commerce highway motorcycles that do not comply with emission standards 
if all the following conditions and requirements apply:
    (1) Unusual circumstances that are clearly outside your control and 
that could not have been avoided with reasonable discretion prevent you 
from meeting requirements from this chapter.
    (2) You exercised prudent planning and were not able to avoid the 
violation; you have taken all reasonable steps to minimize the extent of 
the nonconformity.
    (3) Not having the exemption will jeopardize the solvency of your 
company.
    (4) No other allowances are available under the regulations of this 
part to avoid the impending violation, excluding those in Sec. 86.446.
    (b) To apply for an exemption, you must send the Designated 
Compliance Officer a written request as soon as possible before you are 
in violation. In your request, show that you meet all the conditions and 
requirements in paragraph (a) of this section.
    (c) Include in your request a plan showing how you will meet all the 
applicable requirements as quickly as possible.
    (d) You must give us other relevant information if we ask for it.
    (e) We may include reasonable additional conditions on an approval 
granted under this section, including provisions to recover or otherwise 
address the lost environmental benefit or paying fees to offset any 
economic gain resulting from the exemption. For example, in the case of 
multiple tiers of emission standards, we may require that you meet the 
less stringent standards.
    (f) Add a permanent, legible label, written in block letters in 
English, to a readily visible part of each motorcycle exempted under 
this section. This label must include at least the following items:
    (1) The label heading ``EMISSION CONTROL INFORMATION''.
    (2) Your corporate name and trademark.
    (3) Engine displacement (in liters) and model year of the engine or 
whom to contact for further information.
    (4) The statement ``THIS MOTORCYCLE IS EXEMPT UNDER 40 CFR 86.445-
2006 FROM EMISSION STANDARDS AND RELATED REQUIREMENTS.''.

[69 FR 2437, Jan. 15, 2004]

[[Page 743]]



Sec. 86.446-2006  What are the provisions for extending compliance 
deadlines for small-volume manufacturers under hardship?

    (a) After considering the circumstances, the Director of the Office 
of Transportation and Air Quality may extend the compliance deadline for 
you to meet new or revised emission standards, as long as you meet all 
the conditions and requirements in this section.
    (b) To be eligible for this exemption, you must qualify as a small-
volume manufacturer under Sec. 86.410-2006(e).
    (c) To apply for an extension, you must send the Designated 
Compliance Officer a written request. In your request, show that all the 
following conditions and requirements apply:
    (1) You have taken all possible business, technical, and economic 
steps to comply.
    (i) In the case of importers, show that you attempted to find a 
manufacturer capable of supplying complying products as soon as you 
became aware of the applicable requirements, but were unable to do so.
    (ii) For all other manufacturers, show that the burden of compliance 
costs prevents you from meeting the requirements of this chapter.
    (2) Not having the exemption will jeopardize the solvency of your 
company.
    (3) No other allowances are available under the regulations in this 
part to avoid the impending violation, excluding those in Sec. 86.445.
    (d) In describing the steps you have taken to comply under paragraph 
(c)(1) of this section, include at least the following information:
    (1) Describe your business plan, showing the range of projects 
active or under consideration.
    (2) Describe your current and projected financial standing, with and 
without the burden of complying fully with the regulations in this part.
    (3) Describe your efforts to raise capital to comply with 
regulations in this part (this may not apply for importers).
    (4) Identify the engineering and technical steps you have taken or 
plan to take to comply with the regulations in this part.
    (5) Identify the level of compliance you can achieve. For example, 
you may be able to produce engines that meet a somewhat less stringent 
emission standard than the regulations require.
    (e) Include in your request a plan showing how you will meet all the 
applicable requirements as quickly as possible.
    (f) You must give us other relevant information if we ask for it.
    (g) An authorized representative of your company must sign the 
request and include the statement: ``All the information in this request 
is true and accurate, to the best of my knowledge.''
    (h) Send your request for this extension at least nine months before 
new standards apply. Do not send your request before the regulations in 
question apply to other manufacturers.
    (i) We may include reasonable requirements on an approval granted 
under this section, including provisions to recover or otherwise address 
the lost environmental benefit. For example, we may require that you 
meet a less stringent emission standard or buy and use available 
emission credits.
    (j) We will approve extensions of up to one year. We may review and 
revise an extension as reasonable under the circumstances.
    (k) Add a permanent, legible label, written in block letters in 
English, to a readily visible part of each motorcycle exempted under 
this section. This label must include at least the following items:
    (1) The label heading ``EMISSION CONTROL INFORMATION''.
    (2) Your corporate name and trademark.
    (3) Engine displacement (in liters) and model year of the motorcycle 
or whom to contact for further information.
    (4) The statement ``THIS MOTORCYCLE IS EXEMPT UNDER 40 CFR 86.446 
FROM EMISSION STANDARDS AND RELATED REQUIREMENTS.''.

[69 FR 2437, Jan. 15, 2004]

[[Page 744]]



Sec. 86.447-2006  What provisions apply to motorcycle engines below 50 
cc that are certified under the Small SI program or the 

Recreational-vehicle program?

    (a) General provisions. If you are an engine manufacturer, this 
section allows you to introduce into commerce a new highway motorcycle 
(that is, a motorcycle that is a motor vehicle) if it has an engine 
below 50 cc that is already certified to the requirements that apply to 
engines or vehicles under 40 CFR part 90 or 1051 for the appropriate 
model year. If you comply with all the provisions of this section, we 
consider the certificate issued under 40 CFR part 90 or 1051 for each 
engine or vehicle to also be a valid certificate of conformity under 
this part 86 for its model year, without a separate application for 
certification under the requirements of this part 86. See Sec. 86.448-
2006 for similar provisions that apply to vehicles that are certified to 
chassis-based standards under 40 CFR part 1051.
    (b) Vehicle-manufacturer provisions. If you are not an engine 
manufacturer, you may produce highway motorcycles using nonroad engines 
below 50 cc under this section as long as you meet all the requirements 
and conditions specified in paragraph (d) of this section. If you modify 
the nonroad engine in any of the ways described in paragraph (d)(2) of 
this section for installation in a highway motorcycle, we will consider 
you a manufacturer of a new highway motorcycle. Such engine 
modifications prevent you from using the provisions of this section.
    (c) Liability. Engines for which you meet the requirements of this 
section, and vehicles containing these engines, are exempt from all the 
requirements and prohibitions of this part, except for those specified 
in this section. Engines and vehicles exempted under this section must 
meet all the applicable requirements from 40 CFR part 90 or 1051. This 
applies to engine manufacturers, vehicle manufacturers who use these 
engines, and all other persons as if these engines were used in 
recreational vehicles or other nonroad applications. The prohibited acts 
of 42 U.S.C. 7522 apply to these new highway motorcycles; however, we 
consider the certificate issued under 40 CFR part 90 or 1051 for each 
engine to also be a valid certificate of conformity under this part 86 
for its model year. If we make a determination that these engines do not 
conform to the regulations during their useful life, we may require you 
to recall them under 40 CFR part 86, 90, or 1068.
    (d) Specific requirements. If you are an engine or vehicle 
manufacturer and meet all the following criteria and requirements 
regarding your new engine or vehicle, the highway motorcycle is eligible 
for an exemption under this section:
    (1) Your engine must be below 50 cc and must be covered by a valid 
certificate of conformity for Class II engines issued under 40 CFR part 
90 or for recreational vehicles under 40 CFR part 1051.
    (2) You must not make any changes to the certified engine that could 
reasonably be expected to increase its exhaust emissions for any 
pollutant, or its evaporative emissions, if applicable. For example, if 
you make any of the following changes to one of these engines, you do 
not qualify for this exemption:
    (i) Change any fuel system or evaporative system parameters from the 
certified configuration.
    (ii) Change, remove, or fail to properly install any other 
component, element of design, or calibration specified in the engine 
manufacturer's application for certification. This includes 
aftertreatment devices and all related components.
    (iii) Modify or design the engine cooling system so that 
temperatures or heat rejection rates are outside the original engine 
manufacturer's specified ranges.
    (3) You must show that fewer than 50 percent of the engine family's 
total sales in the United States are used in highway motorcycles. This 
includes engines used in any application, without regard to which 
company manufactures the vehicle or equipment. In addition, if you 
manufacture highway motorcycles, you must show that fewer than 50 
percent of the engine family's total sales in the United States are 
highway motorcycles. Show that you meet the engine-sales criterion as 
follows:

[[Page 745]]

    (i) If you are the original manufacturer of the engine, base this 
showing on your sales information.
    (ii) In all other cases, you must get the original manufacturer of 
the engine to confirm the engine sales volumes based on its sales 
information.
    (4) You must ensure that the engine has the label we require under 
40 CFR part 90 or 1051.
    (5) You must add a permanent supplemental label to the engine in a 
position where it will remain clearly visible after installation in the 
vehicle. In the supplemental label, do the following:
    (i) Include the heading: ``HIGHWAY MOTORCYCLE ENGINE EMISSION 
CONTROL INFORMATION''.
    (ii) Include your full corporate name and trademark. You may instead 
include the full corporate name and trademark of another company you 
choose to designate.
    (iii) State: ``THIS ENGINE WAS ADAPTED FOR HIGHWAY USE WITHOUT 
AFFECTING ITS EMISSION CONTROLS.''.
    (iv) State the date you finished installation (month and year), if 
applicable.
    (6) Send the Designated Compliance Officer a signed letter by the 
end of each calendar year (or less often if we tell you) with all the 
following information:
    (i) Identify your full corporate name, address, and telephone 
number.
    (ii) List the engine or vehicle models you expect to produce under 
this exemption in the coming year.
    (iii) State: ``We produce each listed [engine or vehicle] model for 
without making any changes that could increase its certified emission 
levels, as described in 40 CFR 86.447-2006.''.
    (e) Failure to comply. If your highway motorcycles do not meet the 
criteria listed in paragraph (d) of this section, they will be subject 
to the standards, requirements, and prohibitions of this part 86 and the 
certificate issued under 40 CFR part 90 or 1051 will not be deemed to 
also be a certificate issued under this part 86. Introducing these 
engines into commerce without a valid exemption or certificate of 
conformity under this part violates the prohibitions in 40 CFR part 85.
    (f) Data submission. We may require you to send us emission test 
data on any applicable nonroad duty cycles.
    (g) Participation in averaging, banking and trading. Engines or 
vehicles adapted for recreational use under this section may not 
generate or use emission credits under this part 86. These engines or 
vehicles may generate credits under the ABT provisions in 40 CFR part 90 
or 1051. These engines or vehicles must use emission credits under 40 
CFR part 90 or 1051 if they are certified to an FEL that exceeds an 
applicable standard.

[70 FR 40435, July 13, 2005]



Sec. 86.448-2006  What provisions apply to vehicles certified under the Recreational-vehicle program?

    (a) General provisions. If you are a highway-motorcycle 
manufacturer, this section allows you to introduce into commerce a new 
highway motorcycle with an engine below 50 cc if it is already certified 
to the requirements that apply to recreational vehicles under 40 CFR 
parts 1051. A highway motorcycle is a motorcycle that is a motor 
vehicle. If you comply with all of the provisions of this section, we 
consider the certificate issued under 40 CFR part 1051 for each 
recreational vehicle to also be a valid certificate of conformity for 
the motor vehicle under this part 86 for its model year, without a 
separate application for certification under the requirements of this 
part 86. See Sec. 86.447-2006 for similar provisions that apply to 
nonroad engines produced for highway motorcycles.
    (b) Nonrecreational-vehicle provisions. If you are not a 
recreational-vehicle manufacturer, you may produce highway motorcycles 
from recreational vehicles with engines below 50 cc under this section 
as long as you meet all the requirements and conditions specified in 
paragraph (d) of this section. If you modify the recreational vehicle or 
its engine in any of the ways described in paragraph (d)(2) of this 
section for installation in a highway motorcycle, we will consider you a 
manufacturer of a new highway motorcycle. Such modifications prevent you 
from using the provisions of this section.
    (c) Liability. Vehicles for which you meet the requirements of this 
section

[[Page 746]]

are exempt from all the requirements and prohibitions of this part, 
except for those specified in this section. Engines and vehicles 
exempted under this section must meet all the applicable requirements 
from 40 CFR part 1051. This applies to engine manufacturers, vehicle 
manufacturers, and all other persons as if the highway motorcycles were 
recreational vehicles. The prohibited acts of 42 U.S.C. 7522 apply to 
these new highway motorcycles; however, we consider the certificate 
issued under 40 CFR part 1051 for each recreational vehicle to also be a 
valid certificate of conformity for the highway motorcycle under this 
part 86 for its model year. If we make a determination that these 
engines or vehicles do not conform to the regulations during their 
useful life, we may require you to recall them under 40 CFR part 86 or 
40 CFR 1068.505.
    (d) Specific requirements. If you are a recreational-vehicle 
manufacturer and meet all the following criteria and requirements 
regarding your new highway motorcycle and its engine, the highway 
motorcycle is eligible for an exemption under this section:
    (1) Your motorcycle must have an engine below 50 cc and it must be 
covered by a valid certificate of conformity as a recreational vehicle 
issued under 40 CFR part 1051.
    (2) You must not make any changes to the certified recreational 
vehicle that we could reasonably expect to increase its exhaust 
emissions for any pollutant, or its evaporative emissions if it is 
subject to evaporative-emission standards. For example, if you make any 
of the following changes, you do not qualify for this exemption:
    (i) Change any fuel system parameters from the certified 
configuration.
    (ii) Change, remove, or fail to properly install any other 
component, element of design, or calibration specified in the vehicle 
manufacturer's application for certification. This includes 
aftertreatment devices and all related components.
    (iii) Modify or design the engine cooling system so that 
temperatures or heat rejection rates are outside the original vehicle 
manufacturer's specified ranges.
    (3) You must show that fewer than 50 percent of the engine family's 
total sales in the United States are used in highway motorcycles. This 
includes highway and off-highway motorcycles, without regard to which 
company completes the manufacturing of the highway motorcycle. Show this 
as follows:
    (i) If you are the original manufacturer of the vehicle, base this 
showing on your sales information.
    (ii) In all other cases, you must get the original manufacturer of 
the vehicle to confirm this based on their sales information.
    (4) The highway motorcycle must have the vehicle emission control 
information we require under 40 CFR part 1051.
    (5) You must add a permanent supplemental label to the highway 
motorcycle in a position where it will remain clearly visible. In the 
supplemental label, do the following:
    (i) Include the heading: ``HIGHWAY MOTORCYCLE ENGINE EMISSION 
CONTROL INFORMATION''.
    (ii) Include your full corporate name and trademark. You may instead 
include the full corporate name and trademark of another company you 
choose to designate.
    (iii) State: ``THIS VEHICLE WAS ADAPTED FOR HIGHWAY USE WITHOUT 
AFFECTING ITS EMISSION CONTROLS.''.
    (iv) State the date you finished modifying the vehicle (month and 
year), if applicable.
    (6) Send the Designated Compliance Officer a signed letter by the 
end of each calendar year (or less often if we tell you) with all the 
following information:
    (i) Identify your full corporate name, address, and telephone 
number.
    (ii) List the highway motorcycle models you expect to produce under 
this exemption in the coming year.
    (iii) State: ``We produced each listed highway motorcycle without 
making any changes that could increase its certified emission levels, as 
described in 40 CFR 86.448-2006.''.
    (e) Failure to comply. If your highway motorcycles do not meet the 
criteria listed in paragraph (d) of this section, they will be subject 
to the standards, requirements, and prohibitions of this

[[Page 747]]

part 86 and 40 CFR part 85, and the certificate issued under 40 CFR part 
1051 will not be deemed to also be a certificate issued under this part 
86. Introducing these motorcycles into commerce without a valid 
exemption or certificate of conformity under this part violates the 
prohibitions in 40 CFR part 85.
    (f) Data submission. We may require you to send us emission test 
data on the duty cycle for Class I motorcycles.
    (g) Participation in averaging, banking and trading. Recreational 
vehicles adapted for use as highway motorcycles under this section may 
not generate or use emission credits under this part 86. These engines 
may generate credits under the ABT provisions in 40 CFR part 1051. These 
engines must use emission credits under 40 CFR part 1051 if they are 
certified to an FEL that exceeds an applicable standard.

[70 FR 40436, July 13, 2005]



Sec. 86.449  Averaging provisions.

    (a) This section describes how and when averaging may be used to 
show compliance with applicable HC+NOX emission standards. 
Emission credits may not be banked for use in later model years, except 
as specified in paragraph (j) of this section.
    (1) Compliance with the Class I and Class II HC+NOX 
standards set forth in Sec. 86.410-2006 (f) may be demonstrated using 
the averaging provisions of this section. To do this you must show that 
your average emission levels are at or below the applicable standards in 
Sec. 86.410-2006.
    (2) Compliance with the Class III HC+NOX standards set 
forth in Sec. 86.410-2006 (a)(2) may be demonstrated using the 
averaging provisions of this section. To do this you must show that your 
average emission levels are at or below the applicable standards in 
Sec. 86.410-2006.
    (3) Family emission limits (FELs) may not exceed the following caps:

----------------------------------------------------------------------------------------------------------------
                                                                                                     FEL cap  (g/
                                                                                                         km)
                  Class                                Tier                      Model year         ------------
                                                                                                        HC+NOX
----------------------------------------------------------------------------------------------------------------
Class I or II............................  Tier 1.....................  2006 and later.............          5.0
Class III................................  Tier 1.....................  2006-2009..................          5.0
                                           Tier 2.....................  2010 and later.............          2.5
----------------------------------------------------------------------------------------------------------------

    (b) Do not include any exported vehicles in the certification 
averaging program. Include only motorcycles certified under this subpart 
and intended for sale in the United States.
    (c) To use the averaging program, do the following things:
    (1) Certify each vehicle to a family emission limit.
    (2) Calculate a preliminary average emission level according to 
paragraph (d) of this section using projected production volumes for 
your application for certification.
    (3) After the end of your model year, calculate a final average 
emission level according to paragraph (d) of this section for each 
averaging set for which you manufacture or import motorcycles.
    (d) Calculate your average emission level for each averaging set for 
each model year according to the following equation and round it to the 
nearest tenth of a g/km. Use consistent units throughout the 
calculation. The averaging sets are defined in paragraph (k) of this 
section.
    (1) Calculate the average emission level as:
    [GRAPHIC] [TIFF OMITTED] TR15JA04.000
    

[[Page 748]]


Where:

FELi = The FEL to which the engine family is certified.
ULi = The useful life of the engine family.
Productioni = The number of vehicles in the engine family.

    (2) Use production projections for initial certification, and actual 
production volumes to determine compliance at the end of the model year.
    (e)(1) Maintain and keep five types of properly organized and 
indexed records for each group and for each emission family:
    (i) Model year and EPA emission family.
    (ii) FEL.
    (iii) Useful life.
    (iv) Projected production volume for the model year.
    (v) Actual production volume for the model year.
    (2) Keep paper records of this information for three years from the 
due date for the end-of-year report. You may use any additional storage 
formats or media if you like.
    (3) Follow paragraphs (f) through (i) of this section to send us the 
information you must keep.
    (4) We may ask you to keep or send other information necessary to 
implement this subpart.
    (f) Include the following information in your application for 
certification:
    (1) A statement that, to the best of your belief, you will not have 
a negative credit balance for any motorcycle when all credits are 
calculated. This means that if you believe that your average emission 
level will be above the standard (i.e., that you will have a deficit for 
the model year), you must have banked credits pursuant to paragraph (j) 
of this section to offset the deficit.
    (2) Detailed calculations of projected emission credits (zero, 
positive, or negative) based on production projections. If you project a 
credit deficit, state the source of credits needed to offset the credit 
deficit.
    (g) At the end of each model year, send an end-of-year report.
    (1) Make sure your report includes the following things:
    (i) Calculate in detail your average emission level and any emission 
credits based on actual production volumes.
    (ii) If your average emission level is above the allowable average 
standard, state the source of credits needed to offset the credit 
deficit.
    (2) Base your production volumes on the point of first retail sale. 
This point is called the final product-purchase location.
    (3) Send end-of-year reports to the Designated Compliance Officer 
within 120 days of the end of the model year. If you send reports later, 
EPA may void your certificate ab initio.
    (4) If you generate credits for banking pursuant to paragraph (j) of 
this section and you do not send your end-of-year reports within 120 
days after the end of the model year, you may not use the credits until 
we receive and review your reports. You may not use projected credits 
pending our review.
    (5) You may correct errors discovered in your end-of-year report, 
including errors in calculating credits according to the following 
table:

------------------------------------------------------------------------
          If . . .                And if . . .          Then we . . .
------------------------------------------------------------------------
(i) Our review discovers an   The discovery occurs  Restore the credits
 error in your end-of-year     within 180 days of    for your use.
 report that increases your    receipt.
 credit balance.
(ii) You discover an error    The discovery occurs  Restore the credits
 in your report that           within 180 days of    for your use.
 increases your credit         receipt.
 balance.
(iii) We or you discover an   The discovery occurs  Do not restore the
 error in your report that     more than 180 days    credits for your
 increases your credit         after receipt.        use.
 balance.
(iv) We discover an error in  At any time after     Reduce your credit
 your report that reduces      receipt.              balance.
 your credit balance.
------------------------------------------------------------------------

    (h) Include in each report a statement certifying the accuracy and 
authenticity of its contents.
    (i) We may void a certificate of conformity for any emission family 
if you do not keep the records this section requires or give us the 
information when we ask for it.
    (j) You may include Class III motorcycles that you certify with 
HC+NOX

[[Page 749]]

emissions below 0.8 g/km in the following optional early banking 
program:
    (1) To include a Class III motorcycle in the early banking program, 
assign it an emission rate of 0.8 g/km when calculating your average 
emission level for compliance with the Tier 1 standards.
    (2)(i) Calculate bankable credits from the following equation:

Bonus credit = Y x [(0.8 g/km - Certified emission level)] x 
    [(Production volume of engine family) x (Useful life)]

    (ii) The value of Y is defined by the model year and emission level, 
as shown in the following table:

----------------------------------------------------------------------------------------------------------------
                                                         Multiplier (Y) for use in MY 2010 or later corporate
                                                                               averaging
                                                     -----------------------------------------------------------
                     Model year                        If your certified emission
                                                      level is less than 0.8 g/km,   If your certified emission
                                                       but greater than 0.4 g/km,   level is less than 0.4 g/km,
                                                             then Y = . . .                then Y = . . .
----------------------------------------------------------------------------------------------------------------
2003 through 2006...................................                         1.500                         3.000
2007................................................                         1.375                         2.500
2008................................................                         1.250                         2.000
2009................................................                         1.125                         1.500
----------------------------------------------------------------------------------------------------------------

    (3) Credits banked under this paragraph (j) may be use for 
compliance with any 2010 or later model year standards as follows:
    (i) If your average emission level is above the average standard, 
calculate your credit deficit according to the following equation, 
rounding to the nearest tenth of a gram:

Deficit = (Emission Level - Average Standard) x (Total Annual 
    Production) x (Useful Life)

    (ii) Credit deficits may be offset using banked credits.
    (k) Credits may not be exchanged across averaging sets except as 
explicitly allowed by this paragraph (k).
    (1) There are two averaging sets:
    (i) Class I and Class II motorcycles certified to HC+NOX 
standards.
    (ii) Class III motorcycles.
    (2) Where a manufacturer's average HC+NOX emission level 
for Class III motorcycles (as calculated under paragraph (d)(1) of this 
section) is below the applicable standard, the manufacturer may generate 
credits that may be used show compliance with HC+NOX 
standards for Class I and Class II motorcycles during the same model 
year. Use the following equations to calculate credits and credit 
deficits for each class or subclass:

Credit = (Average Standard - Emission Level) x (Total Annual Production) 
    x (Useful Life)

Deficit = (Emission Level - Average Standard) x (Total Annual 
    Production) x (Useful Life)

    (l) Manufacturers participating in the averaging program of this 
section may modify FELs during the model year as specified in this 
paragraph (l).
    (1) Upon notifying EPA, manufacturers may raise the FEL for an 
engine family and begin labeling motorcycles with the new FEL.
    (2) Manufacturers may ask to lower FELs based on test data of 
production vehicles showing that the motorcycles in the engine family 
have emissions below the new FEL. Manufacturers must test the 
motorcycles according to 40 CFR part 1051, subpart D. Manufacturers may 
not begin labeling motorcycles with the new FEL until they have received 
EPA approval to do so.
    (3) Manufacturers may not change the FEL of any motorcycle that has 
been placed into service or that is no longer in their possession.

[69 FR 2439, Jan. 15, 2004]



Subpart F_Emission Regulations for 1978 and Later New Motorcycles; Test 
                               Procedures

    Source: 42 FR 1137, Jan. 5, 1977, unless otherwise noted.

[[Page 750]]



Sec. 86.501-78  Applicability.

    (a) This subpart contains the motorcycle test procedures specified 
in subpart E.
    (b) Provisions of this subpart apply to tests performed by both the 
Administrator and motor vehicle manufacturers.



Sec. 86.502-78  Definitions.

    (a) The definitions in Sec. 86.402-78 apply to this subpart.
    (b) [Reserved]



Sec. 86.503-78  Abbreviations.

    (a) The abbreviations in Sec. 86.403-78 apply to this subpart.
    (b) [Reserved]



Sec. 86.504-78  Section numbering.

    (a) The section numbering system described in Sec. 86.404-78 is 
used in this subpart.
    (b) [Reserved]



Sec. 86.505-78  Introduction; structure of subpart.

    (a) This subpart describes the equipment required and the procedures 
to follow in order to perform exhaust emission tests on motorcycles. 
Subpart E sets forth the testing requirements and test intervals 
necessary to comply with EPA certification procedures.
    (b) Three topics are addressed in this subpart. Sections 86.508 
through 86.515 set forth specifications and equipment requirements; 
Sec. Sec. 86.516 through 86.526 discuss calibration methods and 
frequency; test procedures and data requirements are listed (in 
approximate order of performance) in Sec. Sec. 86.527 through 86.544.



Sec. 86.505-2004  Introduction; structure of subpart.

    (a) This subpart describes the equipment required and the procedures 
to follow in order to perform exhaust emission tests on motorcycles. 
Subpart E sets forth the testing requirements and test intervals 
necessary to comply with EPA certification procedures. Alternate 
equipment, procedures, and calculation methods may be used if shown to 
yield equivalent or superior results, and if approved in advance by the 
Administrator.
    (b) Three topics are addressed in this subpart. Sections 86.508 
through 86.515 set forth specifications and equipment requirements; 
Sec. Sec. 86.516 through 86.526 discuss calibration methods and 
frequency; test procedures and data requirements are listed (in 
approximate order of performance) in Sec. Sec. 86.527 through 86.544.
    (c) For diesel-fueled motorcycles, use the sampling and analytical 
procedures and the test fuel described in subpart B of this part for 
diesel-fueled light-duty vehicles. PM measurement is not required.

[69 FR 2440, Jan. 15, 2004]



Sec. 86.508-78  Dynamometer.

    (a) The dynamometer shall have a single roll with a diameter of at 
least 0.400 metre.
    (b) The dynamometer shall be equipped with a roll revolution counter 
for measuring actual distance traveled.
    (c) Flywheels or other means shall be used to stimulate the inertia 
specified in Sec. 86.529.
    (d) A variable speed cooling blower shall direct air to the vehicle. 
The blower outlet shall be at least 0.40 m \2\ (4.31 ft \2\) and shall 
be squarely positioned between 0.3 m (0.98 ft) and 0.45 m (1.48 ft) in 
front of the vehicle's front wheel. The velocity of the air at the 
blower outlet shall be within the following limits (as a function of 
roll speed):

------------------------------------------------------------------------
            Actual roll speed               Allowable cooling air speed
------------------------------------------------------------------------
0 km/h to 5 km/h.........................  0 km/h to 10 km/h.
5 km/h to 10 km/h........................  0 km/h to roll speed + 5 km/
                                            h.
10 km/h to 50 km/h.......................  Roll speed 5 km/h.
50 km/h to 70 km/h.......................  Roll speed 10 pct.
Above 70 km/h............................  At least 63 km/h.
------------------------------------------------------------------------

    (e) The dynamometer shall comply with the tolerances in Sec. 
86.529.

[42 FR 1137, Jan. 5, 1977, as amended at 42 FR 56738, Oct. 28, 1977]



Sec. 86.509-90  Exhaust gas sampling system.

    (a)(1) General. The exhaust gas sampling system is designed to 
measure the true mass emissions of vehicle exhaust. In the CVS concept 
of measuring mass emissions, two conditions must be satisfied: the total 
volume of the mixture of exhaust and dilution air

[[Page 751]]

must be measured and a continuously proportioned volume of sample must 
be collected for analysis. Mass emissions are determined from the sample 
concentration and totalized flow over the test period.
    (2) Vehicle tailpipe to CVS duct. For methanol fueled vehicles, 
cooling of the exhaust gases in the duct connecting the vehicle tailpipe 
to the CVS shall be minimized. This may be accomplished by:
    (i) Using a duct of unrestricted length maintained at a temperature 
above the maximum dew point of the exhaust, but below 121 [deg]C (250 
[deg]F); heating and possibly cooling capabilities are required; or
    (ii) Using a short duct (up to 12 feet long) constructed of smooth 
wall pipe with a minimum of flexible sections, maintained at a 
temperature above the maximum dew point of the exhaust, but below 121 
[deg]C (250 [deg]F), prior to the test and during any breaks in the test 
and uninsulated during the test (insulation may remain in place and/or 
heating may occur during testing provided maximum temperature is not 
exceeded); or
    (iii) Using smooth wall duct less than five feet long with no 
required heating. A maximum of two short flexible connectors are allowed 
under this option; or
    (iv) Omitting the duct and performing the exhaust gas dilution 
function at the motorcycle tailpipe exit.
    (3) Positive displacement pump. The Positive Displacement Pump-
Constant Volume Sampler (PDP-CVS), Figure F90-1 satisfies the first 
condition by metering at a constant temperature and pressure through the 
pump. The total volume is measured by counting the revolutions made by 
the calibrated positive displacement pump. The proportional samples are 
achieved by sampling at a constant flow rate. For methanol-fueled 
motorcycle sample lines for the methanol and formaldehyde samples are 
heated to prevent condensation. The temperature of the sample lines 
shall be more than 3 [deg]C (5 [deg]F) above the maximum dew point of 
the sample, but below 121 [deg]C (250 [deg]F). (Note: For 1990 through 
1994 model year methanol-fueled motorcycles, methanol and formaldehyde 
sampling may be omitted provided the bag sample (hydrocarbons and 
methanol) is analyzed using a HFID calibrated with methanol.)

[[Page 752]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.173

    (4) Critical flow venturi. The operation of the Critical Flow 
Venturi--Constant Volume Sampler (CFV-CVS) sample system, Figure F90-2, 
is based upon the principles of fluid dynamics associated with critical 
flow. Proportional sampling throughout temperature excursions is 
maintained by use of small

[[Page 753]]

CFVs in the sample lines, which respond to the varying temperatures in 
the same manner as the main CFV. For methanol-fueled motorcycles, the 
methanol and formaldehyde sample lines are heated to prevent 
condensation. The temperature of the sample lines shall be more than 3 
[deg]C (5 [deg]F) above the maximum dew point of the sample, but below 
121 [deg]C (250 [deg]F). Care must be taken to ensure that the CFVs of 
the sample probes are not heated since heating of the CFVs would cause 
loss of proportionality. (Note: For 1990 through 1994 model year 
methanol-fueled motorcycles, methanol and formaldehyde sampling may be 
omitted provided the bag sample (hydrocarbons and methanol) is analyzed 
using a HFID calibrated with methanol.) Total flow per test is 
determined by continuously computing and integrating instantaneous flow. 
A low response time temperature sensor is necessary for accurate flow 
calculation.

[[Page 754]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.174


[[Page 755]]


[GRAPHIC] [TIFF OMITTED] TR06OC93.175

    (5) Electronic Flow Control. The Critical Flow Venturi--Electronic 
Flow Control--Constant Volume Sampler (CFV-EFC-CVS) system is identical 
to the CFV-CVS system described in paragraphs (a)(4) and (c) of this 
section, except that it maintains proportional sampling for methanol and 
formaldehyde by measuring the CVS flow rate, and electronically 
controlling sample flow rates. It is recommended that sample volumes be 
measured by separate flow meters. For methanol-fueled motorcycles, the 
samples lines for the methanol and formaldehyde samples are heated to 
prevent condensation. The temperature of the sample lines shall be more 
than 20 [deg]F (11 [deg]C) above

[[Page 756]]

the maximum dew point of the sample, but below 121 [deg]C (250 [deg]F).
    (6) Other systems. Other sampling systems may be used if shown to 
yield equivalent results, and if approved in advance by the 
Administrator (e.g., a heat exchanger with the CFV-CVS or an electronic 
flow integrator without a heat exchanger, with the PDP-CVS).
    (b) Component description, PDP-CVS. The PDP-CVS, Figure F90-1, 
consists of a dilution air filter and mixing assembly, heat exchanger, 
positive displacement pump, sampling systems including, probes and 
sampling lines which, in the case of the methanol-fueled motorcycles, 
are heated to prevent condensation (heating of the sample lines may be 
omitted, provided the methanol and formaldehyde sample collection 
systems are close coupled to the probes thereby preventing loss of 
sample due to cooling and resulting condensation in the sample lines), 
and associated valves, pressure and temperature sensors. The PDP-CVS 
shall conform to the following requirements:
    (1) Static pressure variations at the tailpipe(s) of the vehicle 
shall remain within 1.25 kPa (5.02 in H2O) of the static pressure 
variations measured during a dynamometer driving cycle with no 
connection to the tailpipe(s). (Sampling systems capable of maintaining 
the static pressure to within 0.25 kPa (1.00 in. H2O) will be used by the 
Administrator if a written request substantiates the need for this 
closer tolerance.)
    (2) The gas mixture temperature, measured at a point immediately 
ahead of the positive displacement pump, shall be within 5 [deg]C (9 [deg]F) of the designed operating 
temperature at the start of the test. The gas mixture temperature 
variation from its value at the start of the test shall be limited to 
5 [deg]C (9 [deg]F) during the entire test. The 
temperature measuring system shall have an accuracy and precision of 
1 [deg]C (1.8 [deg]F).
    (3) The pressure gauges shall have an accuracy and precision of 
0.4 kPa (3 mm Hg).
    (4) The location of the dilution air inlet shall be placed so as to 
use test-cell air for dilution and the flow capacity of the CVS shall be 
large enough to completely eliminate water condensation in the dilution 
and sampling systems. Control of water condensation with methanol-fueled 
vehicles is critical. Additional care may also be required to eliminate 
water condensation when testing natural gas and liquefied petroleum gas-
fueled vehicles. (Procedures for determining CVS flow rates are detailed 
in ``Calculation of Emissions and Fuel Economy When Using Alternative 
Fuels,'' EPA 460/3-83-009.) Dehumidifying the dilution air before 
entering the CVS is allowed. Heating the dilution air is also allowed, 
provided:
    (i) The air (or air plus exhaust gas) temperature does not exceed 
121 [deg]C (250 [deg]F).
    (ii) Calculation of the CVS flow rate necessary to prevent water 
condensation is based on the lowest temperature encountered in the CVS 
prior to sampling. (It is recommended that the CVS system be insulated 
when heated dilution air is used.)
    (iii) The dilution ratio is sufficiently high to prevent 
condensation in bag samples as they cool to room temperature.
    (5) Sample collection bags for dilution air and exhaust samples 
(hydrocarbons and carbon monoide) shall be of sufficient size so as not 
to impede sample flow. A single dilution air sample, covering the total 
test period, may be collected for the determination of methanol and 
formaldehyde background (methanol-fueled motorcycles).
    (6) The methanol sample collection system and the formaldehyde 
sample collection system shall each be of sufficient capacity so as to 
collect samples of adequate size for analysis without significant impact 
on the volume of dilute exhaust passing through the PDP. The systems 
shall also comply with the following requirements that apply to the 
design of the systems, not to individual tests:
    (i) The methanol system shall be designed such that if a test 
motorcycle continuously emitted the maximum allowable level of methanol 
(based on all applicable standards) the measured concentration in the 
primary impinger would exceed either 25 mg/l or a concentration equal to 
25 times the limit of detection for the GC analyzer.

[[Page 757]]

    (ii) The formaldehyde system shall be designed such that if a test 
motorcycle continuously emitted formaldehyde at a rate equal to twenty 
percent of the maximum allowable level of THCE (i.e., 1.0 g/km for a 5.0 
g/km standard), or the maximum formaldehyde level allowed by a specific 
formaldehyde standard, whichever is less, the concentration of 
formaldehyde in the DNPH solution of the primary impinger, or solution 
resulting from the extraction of the DNPH cartridge, shall exceed either 
2.5 mg/l or a concentration equal to 25 times the limit of detection for 
the HPLC analyzer.
    (iii) The methanol and formaldehyde systems shall be designed such 
that the primary impinger collects at least 90 percent of the analyte in 
the samples. The remaining analyte shall be collected by the secondary 
impinger. This requirement does not apply to dilution air samples, since 
they do not require secondary impingers, or to samples in which the 
concentrations approach the limit of detection.
    (c) Component description, CFV-CVS. The CFV-CVS sample system, 
Figure F90-2, consists of a dilution air filter and mixing assembly, a 
cyclone particulate separator, unheated sampling venturies for the bag 
samples, and for the methanol and formaldehyde samples from methanol-
fueled vehicles, samples lines heated to prevent condensation for the 
methanol and formaldehyde samples from methanol fueled vehicles (heating 
of the sample lines may be omitted provided, the methanol and 
formaldehyde sample collection systems are close coupled to the probes 
thereby preventing loss of sample due to cooling and resulting 
condensation in the sample lines), a critical flow venturi, and assorted 
valves, and pressure and temperature sensors. The CFV sample system 
shall conform to the following requirements:
    (1) Static pressure variations at the tailpipe(s) of the vehicle 
shall remain within 1.25 kPa (5.02 in 
H2O) of the static pressure variations measured during a 
dynamometer driving cycle with no connection to the tailpipe(s). 
(Sampling systems capable of maintaining the static pressure to within 
0.25 kPa (1.00 in H2O) will be used by 
the Administrator if a written request substantiates the need for this 
closer tolerance.)
    (2) The temperature measuring system shall have an accuracy and 
precision of 1 [deg]C (1.8 [deg]F) and a response 
time of 0.100 second to 62.5 percent of a temperature change (as 
measured in hot silicone oil).
    (3) The pressure measuring system shall have an accuracy and 
precision of 0.4 kPa (3 mm 
Hg).
    (4) The location of the dilution air inlet shall be placed so as to 
use test-cell air for dilution and the flow capacity of the CVS shall be 
large enough to completely eliminate water condensation in the dilution 
and sampling systems. Control of water condensation with methanol-fueled 
vehicles is critical. Additional care may also be required to eliminate 
water condensation when testing natural gas and liquefied petroleum gas-
fueled vehicles. (Procedures for determining CVS flow rates are detailed 
in ``Calculation of Emissions and Fuel Economy When Using Alternative 
Fuels,'' EPA 460/3-83-009.) Dehumidifying the dilution air before 
entering the CVS is allowed. Heating the dilution air is also allowed, 
provided:
    (i) The air (or air plus exhaust gas) temperature does not exceed 
250 [deg]F.
    (ii) Calculation of the CVS flow rate necessary to prevent water 
condensation is based on the lowest temperature encountered in the CVS 
prior to sampling. (It is recommended that the CVS system be insulated 
when heated dilution air is used.)
    (iii) The dilution ratio is sufficiently high to prevent 
condensation in bag samples as they cool to room temperature.
    (5) Sample collection bags for dilution air and exhaust samples 
(hydrocarbons and carbon monoxide) shall be of sufficient size so as not 
to impede sample flow. A single dilution air sample, covering the total 
test period, may be collected for the determination of methanol and 
formaldehyde background (methanol-fueled motorcycles).
    (6) The methanol sample collection system and the formaldehyde 
sample collection system shall each be of sufficient capacity so as to 
collect samples of adequate size for analysis without

[[Page 758]]

significant impact on the volume of dilute exhaust passing through the 
CVS. The systems shall also comply with the following requirements that 
apply to the design of the systems, not to individual tests:
    (i) The methanol system shall be designed such that if a test 
motorcycle continuously emitted the maximum allowable level of methanol 
(based on all applicable standards) the measured concentration in the 
primary impinger would exceed either 25 mg/l or a concentration equal to 
25 times the limit of detection for the GC analyzer.
    (ii) The formaldehyde system shall be designed such that if a test 
motorcycle continuously emitted formaldehyde at a rate equal to twenty 
percent of the maximum allowable level of THCE (i.e., 1.0 g/km for a 5.0 
g/km standard), or the maximum formaldehyde level allowed by a specific 
formaldehyde standard, whichever is less, the concentration of 
formaldehyde in the DNPH solution of the primary impinger, or solution 
resulting from the extraction of the DNPH cartridge, shall exceed either 
2.5 mg/l or a concentration equal to 25 times the limit of detection for 
the HPLC analyzer.
    (iii) The methanol and formaldehyde systems shall be designed such 
that the primary impinger collects at least 90 percent of the analyte in 
the samples. The remaining analyte shall be collected by the secondary 
impinger. This requirement does not apply to dilution air samples, since 
they do not require secondary impingers, or to samples in which the 
concentrations approach the limit of detection.
    (d) Component description, CFV-EFC-CVS. The CVS sample system is 
identical to the system described in paragraph (c) of this section, plus 
includes a means of electronically measuring the CVS flow rate, and 
electronic mass flow controllers for the methanol and formaldehyde 
sample lines, and separate flow meters to totalize sample flow volumes 
(optional). The EFC sample system shall conform to all of the 
requirements listed in paragraph (c) of this section, except that the 
methanol and formaldehyde samples mat both be drawn from a single static 
probe. It also must comply with the following additional requirements:
    (1) The ratio of the CVS flow rate to the sample flow rate shall not 
deviate from the ratio at the start of the test by more than 5 percent. (The volumetric sample flow rate shall be 
varied inversely with the square root of the bulk stream temperature.)
    (2) Flow totalizers for methanol and/or formaldehyde samples shall 
have an accuracy of 2 percent. Total sample 
volumes may be obtained from the flow controllers, with the advance 
approval of the administrator, provided that the controllers can be 
shown to have an accuracy of 2 percent.

[54 FR 14539, Apr. 11, 1989, as amended at 59 FR 48512, Sept. 21, 1994; 
60 FR 34351, June 30, 1995]



Sec. 86.511-90  Exhaust gas analytical system.

    (a) Schematic drawings. Figure F90-3 is a schematic drawing of the 
exhaust gas analytical system for analysis of hydrocarbons (HC) 
(hydrocarbons plus methanol in the case of methanol-fueled motorcycles), 
carbon monoxide (CO), carbon dioxide (CO2), and oxides of 
nitrogen (NOX). Since various configurations can produce 
accurate results, exact conformance with the drawing is not required. 
Additional components such as instruments, valves, solenoids, pumps and 
switches may be used to provide additional information and coordinate 
the functions of the component systems

[[Page 759]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.176

    (b) Major component description. The exhaust gas analytical system 
for HC, CO and CO2, Figure F90-3, consists of a flame 
ionization detector (FID) (heated (235[deg]15 
[deg]C (113[deg]8 [deg]C)) for methanol-fueled 
vehicles) for the determination of hydrocarbons, nondispersive infrared 
analyzers (NDIR) for the determination of carbon monoxide and carbon 
dioxide and, if oxides of nitrogen are measured, a chemiluminescence 
analyzer (CL) for the determination of oxides of nitrogen. The 
analytical system for methanol consists of a gas chromatograph (GC) 
equipped with a flame ionization detector. The analysis for formaldehyde 
is performed using high pressure liquid chromatography (HPLC) of 2,4-

[[Page 760]]

dinitrophenylhydrazine (DNPH) derivatives using ultraviolet (UV) 
detection. The exhaust gas analytical system shall conform to the 
following requirements:
    (1) The CL requires that the nitrogen dioxide present in the sample 
be converted to nitric oxide before analysis. Other types of analyzers 
may be used if shown to yield equivalent results and if approved in 
advance by the Administrator.
    (2) The carbon monoxide (CO) NDIR analyzer may require a sample 
conditioning column containing CaSO4, or indicating silica 
gel to remove water vapor and containing ascarite to remove carbon 
dioxide from the CO analysis stream.
    (i) If CO instruments which are essentially free of CO2 
and water vapor interference are used, the use of the conditioning 
column may be deleted, see Sec. Sec. 86.522 and 86.544.
    (ii) A CO instrument will be considered to be essentially free of 
CO2 and water vapor interference if its response to a mixture 
of 3 percent CO2 in N2 which has been bubbled 
through water at room temperature produces an equivalent CO response, as 
measured on the most sensitive CO range, which is less than 1 percent of 
full scale CO concentration on ranges above 300 ppm full scale or less 
than 3 ppm on ranges below 300 ppm full scale; see Sec. 86.522.
    (c) Other analyzers and equipment. Other types of analyzers and 
equipment may be used if shown to yield equivalent results and if 
approved in advance by the Administrator.

[54 FR 14544, Apr. 11, 1989]



Sec. 86.513-94  Fuel and engine lubricant specifications.

    (a) Gasoline. (1) Gasoline having the following specifications will 
be used by the Administrator in exhaust emission testing of gasoline-
fueled motorcycles. Gasoline having the following specifications or 
substantially equivalent specifications approved by the Administrator, 
shall be used by the manufacturer for emission testing except that the 
octane specifications do not apply.

------------------------------------------------------------------------
                       Item                           ASTM       Value
------------------------------------------------------------------------
Octane, research, minimum........................      D2699          96
Lead (organic):
    g/liter (g/U.S. gal.)........................      D3237    \1\0.013
                                                              \1\(0.050)
Distillation range:
    IBP: [deg]C ( [deg]F)........................        D86     23.9-35
                                                                 (75-95)
    10 pct. point: [deg]C ( [deg]F)..............        D86   48.9-57.2
                                                               (120-135)
    50 pct. point: [deg]C ( [deg]F)..............        D86    93.3-110
                                                               (200-230)
    90 pct. point: [deg]C ( [deg]F)..............        D86  148.9-162.
                                                                       8
                                                               (300-325)
    EP: max. [deg]C ( [deg]F)....................        D86       212.8
                                                                   (415)
Sulfur, max. wt. %...............................      D1266        0.10
Phosphorus: max. g/liter (g/U.S. gal.)...........      D3231      0.0013
                                                                 (0.005)
RVP kPa (psi)....................................       D323   55.2-63.4
                                                               (8.0-9.2)
Hydrocarbon composition:
    Olefins, max., %.............................      D1319          10
    Aromatics, max., %...........................      D1319          35
    Saturates....................................      D1319   Remainder
------------------------------------------------------------------------
\1\ Maximum.

    (2) Unleaded gasoline and engine lubricants representative of 
commercial fuels and engine lubricants which will be generally available 
through retail outlets shall be used in service accumulation.
    (3) The octane rating of the gasoline used shall be no higher than 
4.0 Research octane numbers above the minimum recommended by the 
manufacturer.
    (4) The Reid Vapor Pressure of the gasoline used shall be 
characteristic of commercial gasoline fuel during the season in which 
the service accumulation takes place.
    (b) Methanol fuel. (1) Methanol fuel used for exhaust and 
evaporative emission testing and in service accumulation of methanol-
fueled motorcycles shall be representative of commercially available 
methanol fuel and shall consist of at least 50 percent methanol by 
volume.
    (2) Manufacturers shall recommend the methanol fuel to be used for 
testing and service accumulation in accordance with paragraph (b)(1) of 
this section.
    (3) The Administrator shall determine the methanol fuel to be used 
for testing and service accumulation.
    (4) Other methanol fuels may be used for testing and service 
accumulation provided:
    (i) They are commercially available; and

[[Page 761]]

    (ii) Information, acceptable to the Administrator, is provided to 
show that only the designated fuel would be used in customer service; 
and
    (iii) Use of a fuel listed under paragraphs (b)(1), (b)(2) or (b)(3) 
of this section would have a detrimental effect on emissions or 
durability; and
    (iv) Written approval from the Administrator of the fuel 
specifications must be provided prior to the start of testing.
    (c) Mixtures of petroleum and methanol fuels for flexible fuel 
motorcycles. (1) Mixtures of petroleum and methanol fuels used for 
exhaust and evaporative emission testing and service accumulation for 
flexible fuel motorcycles shall consist of the petroleum fuel listed in 
paragraph (a) of this section and the methanol fuel listed in paragraph 
(b), and shall be within the range of fuel mixtures for which the 
vehicle was designed, as reported in accordance with Sec. 86.90-21. The 
Administrator may use any fuel or fuel mixture within this range for 
testing.
    (2) The fuel mixtures used by the manufacturers shall be sufficient 
to demonstrate compliance over the full design range, and shall include:
    (i) For emission testing,
    (A) The petroleum fuel specified in paragraph (a) or (b),
    (B) A methanol fuel representative of the methanol fuel expected to 
the found in use, as specified in paragraph (b),
    (ii) For service accumulation, an alternating combination of the 
fuels specified in paragraphs (a) and (b) will be used to demonstrate 
the durability of the emission control systems based on good engineering 
judgement. The combination shall be selected such that the cumulative 
volumes of both the methanol fuel and the petroleum fuel used shall be 
at least twenty-five percent of the total fuel volume. The fuels shall 
be alternated at mileage intervals not to exceed 1,000 kilometers.
    (3) The specification range of the fuels to be used under paragraph 
(c) of this section shall be reported in accordance with Sec. 86.094-
21.
    (d) Natural gas-fuel. (1) Natural gas-fuel having the following 
specifications will be used by the Administrator for exhaust and 
evaporative emission testing of natural gas-fueled motorcycles. Natural 
gas-fuel having the following specifications or substantially similar 
specifications approved by the Administrator, shall be used by the 
manufacturer for emission testing.

              Natural Gas Certification Fuel Specifications
------------------------------------------------------------------------
                                                           ASTM
                                                           test
               Item                                       method   Value
                                                           No.
------------------------------------------------------------------------
Methane...........................  min. mole pct.         D1945    89.0
Ethane............................  max. mole pct.         D1945     4.5
C3 and higher.....................  max. mole pct.         D1945     2.3
C6 and higher.....................  max. mole pct.         D1945     0.2
Oxygen............................  max. mole pct.         D1945     0.6
Inert gases:
    Sum of CO2 and N2.............  max. mole pct.         D1945     4.0
Odorant \1\
------------------------------------------------------------------------
\1\ The natural gas at ambient conditions must have a distinctive odor
  potent enough for its presence to be detected down to a concentration
  in air of not over 1/5 (one-fifth) of the lower limit of flammability.

    (2) Natural gas-fuel and engine lubricants representative of 
commercial fuels and engine lubricants which will be generally available 
through retail outlets shall be used in service accumulation.
    (3) Other natural gas-fuels may be used for testing and service 
accumulation provided:
    (i) They are commercially available;
    (ii) Information, acceptable to the Administrator, is provided to 
show that only the designated fuel would be used in customer service;
    (iii) Written approval from the Administrator of the fuel 
specifications must be provided prior to the start of testing.
    (e) Liquefied petroleum gas-fuel. (1) Liquefied petroleum gas-fuel 
used for exhaust and evaporative emission testing and in service 
accumulation of liquefied petroleum gas-fueled motorcycles shall be 
commercially available liquefied petroleum gas-fuel.
    (2) Manufacturers shall recommend the liquefied petroleum gas-fuel 
to be used for testing and service accumulation in accordance with 
paragraph (e)(1) of this section.
    (3) The Administrator shall determine the liquefied petroleum gas-
fuel to be used for testing and service accumulation.

[[Page 762]]

    (4) Other liquefied petroleum gas-fuels may be used for testing and 
service accumulation provided:
    (i) They are commercially available;
    (ii) Information, acceptable to the Administrator, is provided to 
show that only the designated fuel would be used in customer service; 
and
    (iii) Written approval from the Administrator of the fuel 
specifications must be provided prior to the start of testing.
    (f) Lubricants. (1) If the manufacturer specifies several lubricants 
to be used by the ultimate purchaser, the Administrator will select one 
to be used during service accumulation.
    (2) The same lubricant(s) shall be used for both service 
accumulation and emission testing.
    (g) The specification range of the fuels and of the engine 
lubricants to be used under paragraphs (a), (b), (c), (d) and (e) of 
this section shall be reported in accordance with Sec. 86.416.
    (h) Written approval from the Administrator of the fuel and 
lubricant specifications must be provided prior to the start of testing.

[59 FR 48512, Sept. 21, 1994, as amended at 60 FR 34354, June 30, 1995]



Sec. 86.513-2004  Fuel and engine lubricant specifications.

    Section 86.513-2004 includes text that specifies requirements that 
differ from Sec. 86.513-94. Where a paragraph in Sec. 86.513-94 is 
identical and applicable to Sec. 86.513-2004, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.513-94.'' Where a corresponding paragraph of 
Sec. 86.513-94 is not applicable, this is indicated by the statement 
``[Reserved].''
    (a) Gasoline. (1) Gasoline having the following specifications will 
be used by the Administrator in exhaust emission testing of gasoline-
fueled motorcycles. Gasoline having the following specifications or 
substantially equivalent specifications approved by the Administrator, 
shall be used by the manufacturer for emission testing except that the 
octane specifications do not apply.

    Table 1 of Sec.  86.513-2004--Gasoline Test Fuel Specifications
------------------------------------------------------------------------
              Item                     Procedure             Value
------------------------------------------------------------------------
Distillation Range:
    1. Initial boiling point,     ASTM D 86-97......  23.9--35.0 \1\
     [deg]C.
    2. 10% point, [deg]C........  ASTM D 86-97......  48.9--57.2
    3. 50% point, [deg]C........  ASTM D 86-97......  93.3--110.0
    4. 90% point, [deg]C........  ASTM D 86-97......  148.9--162.8
    5. End point, [deg]C........  ASTM D 86-97......  212.8
Hydrocarbon composition:
    1. Olefins, volume %........  ASTM D 1319-98....  10 maximum
    2. Aromatics, volume %......  ASTM D 1319-98....  35 maximum
    3. Saturates................  ASTM D 1319-98....  Remainder
Lead (organic), g/liter.........  ASTM D 3237.......  0.013 maximum
Phosphorous, g/liter............  ASTM D 3231.......  0.0013 maximum
Sulfur, weight %................  ASTM D 1266.......  0.008 maximum
Volatility (Reid Vapor            ASTM D 323........  55.2 to 63.4 \1\
 Pressure), kPa.
------------------------------------------------------------------------
\1\ For testing at altitudes above 1,219 m, the specified volatility
  range is 52 to 55 kPa and the specified initial boiling point range is
  (23.9 to 40.6) [deg]C.

    (2) Unleaded gasoline and engine lubricants representative of 
commercial fuels and engine lubricants which will be generally available 
through retail outlets shall be used in service accumulation.
    (3) The octane rating of the gasoline used shall be no higher than 
4.0 Research octane numbers above the minimum recommended by the 
manufacturer.
    (4) The Reid Vapor Pressure of the gasoline used shall be 
characteristic of commercial gasoline fuel during the season in which 
the service accumulation takes place.
    (b) through (d) [Reserved]. For guidance see Sec. 86.513-94.

[69 FR 2441, Jan. 15, 2004, as amended at 70 FR 40437, July 13, 2005]

[[Page 763]]



Sec. 86.514-78  Analytical gases.

    (a) Analyzer gases. (1) Gases for the CO and CO2 
analyzers shall be single blends of CO and CO2 respectively 
using nitrogen as the diluent.
    (2) Gases for the THC analyzer shall be:
    (i) Single blends of propane using air as the diluent; and
    (ii) Optionally, for response factor determination, single blends of 
methanol using air as the diluent.
    (3) Gases for the NOX analyzer shall be single blends of 
NO named as NOX with a maximum NO2 concentration 
of 5 percent of the nominal value using nitrogen as the diluent.
    (4) [Reserved]
    (5) The allowable zero gas (air or nitrogen) impurity concentrations 
shall not exceed 1 ppm equivalent carbon response, 1 ppm carbon 
monoxide, 0.04 percent (400 ppm) carbon dioxide, and 0.1 ppm nitric 
oxide.
    (6) ``Zero grade air'' includes artificial ``air'' consisting of a 
blend of nitrogen and oxygen with oxygen concentrations between 18 and 
21 mole percent.
    (7) The use of proportioning and precision blending devices to 
obtain the required analyzer gas concentrations is allowable provided 
their use has been approved in advance by the Administrator.
    (b) Calibration gases (not including methanol) shall be known to 
within 2 percent of true values.
    (c) Methanol in air gases used for response factor determination 
shall:
    (1) Be traceable to within 2 percent of NIST 
(formerly NBS) gas standards, or other gas standards which have been 
approved by the Administrator; and
    (2) Remain within 2 percent of the labeled 
concentration. Demonstration of stability shall be based on a quarterly 
measurement procedure with a precision of 2 
percent (two standard deviations), or other method approved by the 
Administrator. The measurement procedure may incorporate multiple 
measurements. If the true concentration of the gas changes by more than 
two percent, but less than ten percent, the gas may be relabeled with 
the new concentration.

[42 FR 1137, Jan. 5, 1977, as amended at 60 FR 34354, June 30, 1995]



Sec. 86.515-78  EPA urban dynamometer driving schedule.

    (a) The dynamometer driving schedules are listed in appendix I. The 
driving schedules are defined by a smooth trace drawn through the 
specified speed vs. time relationships. They consist of a nonrepetitive 
series of idle, acceleration, cruise, and deceleration modes of various 
time sequences and rates. Appropriate driving schedules are as follows:

Class I--Appendix I(c)
Class II--Appendix I(b)
Class III--Appendix I(b)

    (b) The speed tolerance at any given time on the dynamometer driving 
schedule prescribed in appendix I or as printed on a driver's aid chart 
approved by the Administrator, when conducted to meet the requirements 
of Sec. 86.537 is defined by upper and lower limits. The upper limit is 
3.2 km/h (2 mph) higher than the highest point on the trace within 1 
second of the given time. The lower limit is 3.2 km/h (2 mph) lower than 
the lowest point on the trace within 1 second of the given time. Speed 
variations greater than the tolerances (such as may occur during gear 
changes) are acceptable provided they occur for less than 2 seconds on 
any occasion. Speeds lower than those prescribed are acceptable provided 
the vehicle is operated at maximum available power during such 
occurrences. When conducted to meet the requirements of Sec. 86.532 the 
speed tolerance shall be as specified above, except that the upper and 
lower limits shall be 6.4 km/h (4 mph).
    (c) Figure F78-4 shows the range of acceptable speed tolerances for 
typical points. Figure F78-4(a) is typical of portions of the speed 
curve which are increasing or decreasing throughout the two second time 
interval. Figure F78-4(b) is typical of portions of the speed curve 
which include a maximum or minimum value.

[[Page 764]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.177

    (d) For motorcycles with an engine displacement less than 50 cc and 
a top speed less than 58.7 km/hr (36.5 mph), the speed indicated for 
each second of operation on the applicable Class I driving trace (speed 
versus time sequence) in appendix I(c) shall be adjusted downward by the 
ratio of actual top speed to specified maximum test speed. Calculate the 
ratio with three significant figures by dividing the top speed of the 
motorcycle in km/hr by 58.7. For example, for a motorcycle with a top 
speed of 48.3 km/hr (30 mph), the ratio would be 48.3/58.7 = 0.823. The 
top speed to be used under this section shall be indicated in the 
manufacturer's application for certification, and shall be the highest 
sustainable speed of the motorcycle with an 80 kg rider on a flat paved 
surface. If the motorcycle is equipped with a permanent speed governor 
that is unlikely to be removed in actual use, measure the top speed in 
the governed configuration; otherwise measure the top speed in the 
ungoverned configuration.

[42 FR 1137, Jan. 5, 1977, as amended at 69 FR 2441, Jan. 15, 2004]



Sec. 86.516-90  Calibrations, frequency and overview.

    (a) Calibrations shall be performed as specified in Sec. Sec. 
86.517 through 86.526.
    (b) [Reserved]
    (c) At least monthly or after any maintenance which could alter 
calibration, the following calibrations and checks shall be performed:
    (1) Calibrate the hydrocarbon analyzer, methane analyzer, carbon 
dioxide analyzer, carbon monoxide analyzer, and oxides of nitrogen 
analyzer (certain analyzers may require more frequent calibration 
depending on particular equipment and uses).
    (2) Calibrate the dynamometer. If the dynamometer receives a weekly 
performance check (and remains within calibration), the monthly 
calibration need not be performed.
    (3) Check the oxides of nitrogen converter efficiency.
    (d) At least weekly or after any maintenance which could alter 
calibration, the following calibrations and checks shall be performed:
    (1) [Reserved]
    (2) Perform a CVS system verification, and
    (3) Run a performance check on the dynamometer. This check may be 
omitted if the dynamometer has been calibrated within the preceding 
month.
    (e) The CVS positive displacement pump or Critical Flow Venturi 
shall be calibrated following initial installation, major maintenance or 
as necessary when indicated by the CVS system verification (described in 
Sec. 86.519).
    (f) Sample conditioning columns, if used in the CO analyzer train, 
should be checked at a frequency consistent with observed column life or 
when the indicator of the column packing begins to show deterioration.

[54 FR 14546, Apr. 11, 1989, as amended at 58 FR 58423, Nov. 1, 1993; 60 
FR 34354, June 30, 1995]



Sec. 86.518-78  Dynamometer calibration.

    (a) The dynamometer shall be calibrated at least once each month or 
performance verified at least once each

[[Page 765]]

week and then calibrated as required. The dynamometer is driven above 
the test speed range. The device used to drive the dynamometer is then 
disengaged from the dynamometer and the roll is allowed to coast down. 
The kinetic energy of the system is dissipated by the dynamometer. This 
method neglects the variations in roll bearing friction due to the drive 
axle weight of the vehicle.
    (b) Calibration shall consist of coasting down the dynamometer for 
each inertia load combination used. Coastdown times for the interval 
from 70 to 60 km/h shall be within the tolerances specified in Sec. 
86.529. The dynamometer adjustments necessary to produce these results 
shall be noted for future reference.
    (c) The performance check consists of conducting a dynamometer 
coastdown at one or more inertia-horsepower settings and comparing the 
coastdown time to the table in Figure F98-9 of Sec. 86.529-98. If the 
coastdown time is outside the tolerance, a new calibration is required.

[42 FR 1137, Jan. 5, 1977, as amended at 63 FR 11849, Mar. 11, 1998]



Sec. 86.519-90  Constant volume sampler calibration.

    (a) The CVS (Constant Volume Sampler) is calibrated using an 
accurate flowmeter and restrictor valve. Measurements of various 
parameters are made and related to flow through the unit. Procedures 
used by EPA for both PDP (Positive Displacement Pump) and CFV (Critical 
Flow Venturi) are outlined below. Other procedures yielding equivalent 
results may be used if approved in advance by the Administrator. After 
the calibration curve has been obtained, verification of the entire 
system can be performed by injecting a known mass of gas into the system 
and comparing the mass indicated by the system to the true mass 
injected. An indicated error does not necessarily mean that the 
calibration is wrong, since other factors can influence the accuracy of 
the system, e.g., analyzer calibration. A verification procedure is 
found in paragraph (d) of this section.
    (b) PDP calibration. (1) The following calibration procedures 
outlines the equipment, the test configuration, and the various 
parameters which must be measured to establish the flow rate of the 
constant volume sampler pump. All the parameters related to the pump are 
simultaneously measured with the parameters related to a flowmeter which 
is connected in series with the pump. The calculated flow rate (at pump 
inlet absolute pressure and temperature) can then be plotted versus a 
correlation function which is the value of a specific combination of 
pump parameters. The linear equation which relates the pump flow and the 
correlation function is then determined. In the event that a CVS has a 
multiple speed drive, a calibration for each range must be performed.
    (2) This calibration procedure is based on the measurement of the 
absolute values of the pump and flowmeter parameters that relate the 
flow rate at each point. Three conditions must be maintained to assure 
the accuracy and integrity of the calibration curve. First, the pump 
pressures should be measured at taps on the pump rather than at the 
external piping on the pump inlet and outlet. Pressure taps that are 
mounted at the top center and bottom center of the pump drive headplate 
are exposed to the actual pump cavity pressures, and therefore reflect 
the absolute pressure differentials. Secondly, temperature stability 
must be maintained during the calibration. The laminar flowmeter is 
sensitive to inlet temperature oscillations which cause the data points 
to be scattered. Gradual changes (1 [deg]C (1.8 [deg]F)) in temperature are acceptable as long as 
they occur over a period of several minutes. Finally, all connections 
between the flowmeter and the CVS pump must be absolutely void of any 
leakage.
    (3) During an exhaust emission test the measurement of these same 
pump parameters enables the user to calculate the flow rate from the 
calibration equation.
    (4) Connect a system as shown in Figure F78-5. Although particular 
types of equipment are shown, other configurations that yield equivalent 
results may be used if approved in advance by the

[[Page 766]]

Administrator. For the system indicated, the following data with given 
accuracy are required:

                                          Calibration Data Measurements
----------------------------------------------------------------------------------------------------------------
              Parameter                         Symbol                   Units                  Tolerances
----------------------------------------------------------------------------------------------------------------
Barometric pressure corrected........  PB.....................  kPa (in. Hg)...........  0.03 kPa (0.01
                                                                                          in. Hg)
Ambient temperature..................  TA.....................  [deg]C ( [deg]F).......  0.3 [deg]C (0.54
                                                                                          [deg]F)
Air Temperature into LFE.............  ETI....................  [deg]C ( [deg]F).......  0.15 [deg]C (0.27
                                                                                          [deg]F)
Pressure depression upstream of LFE..  EPI....................  kPa (in. H2O)..........  0.01 kPa (0.05
                                                                                          in. H2O)
Pressure drop across the LFE matrix..  EDP....................  kPa (in. H2O)..........  0.001 kPa (0.005
                                                                                          in. H2O)
Air temperature at CVS pump inlet....  PTI....................  [deg]C ( [deg]F).......  0.25 [deg]C (0.45
                                                                                          [deg]F)
Pressure depression at CVS pump inlet  PPI....................  kPa (in. Fluid)........  0.021 kPa (0.046
                                                                                          in. Fluid)
Specific gravity of manometer fluid    Sp Gr..................  .......................  .......................
 (1.75 oil)..
Pressure head at CVS pump outlet.....  PPO....................  kPa (in. Fluid)........  0.21 kPa (0.046
                                                                                          in. Fluid)
Air temperature at CVS pump outlet     PTO....................  [deg]C ( [deg]F).......  0.25 [deg]C (0.45
                                                                                          [deg]F)
Pump revolutions during test period..  N......................  Revs...................  l
                                                                                          Rev.
Elapsed time for test period.........  t......................  sec....................  0.05 sec.
----------------------------------------------------------------------------------------------------------------

    (5) After the system has been connected as shown in Figure F78-6, 
set the variable restrictor in the wide open position and run the CVS 
pump for twenty minutes. Record the calibration data.
    (6) Reset the restrictor valve to a more restricted condition in an 
increment of pump inlet depression (about 1.0 kPa (4 in. 
H2O)) that will yield a minimum of six data points for the 
total calibration. Allow the system to stabilize for 3 minutes and 
repeat the data acquisition.
    (7) Data analysis:
    (i) The air flow rate, Qs, at each test point is 
calculated from the flowmeter data using the manufacturers' prescribed 
method.
    (ii) The air flow rate is then converted to pump flow, Vo 
in m\3\ per revolution at absolute pump inlet temperature and pressure.

Vo = (Qs/n) x (Tp/293) x (101.3/
    Pp)


Where:

    (A) Vo = Pump flow, m\3\/rev (ft\3\/rev) at 
Tp, Pp.
    (B) Qs = Meter air flow rate in standard cubic meters per 
minute; standard conditions are 20 [deg]C, 101.3 kPa (68 [deg]F, 29.92 
in. Hg).
    (C) n = Pump speed in revolutions per minute.
    (D)(1) Tp = Pump inlet temperature, ([deg]K) = PTI + 273.
    (2) For English units, Tp = PTI + 460.
    (E)(1) Pp = Absolute pump inlet pressure, kPa (in. Hg) = 
PB - PPI.

(2) For English units, Pp = PB - PPI(SP.GR./
    13.57).


Where:
    (F) PB = barometric pressure, kPa (in. Hg.).
    (G) PPI = Pump inlet depression, kPa (in. fluid).
    (H) SP.GR. = Specific gravity of manometer fluid relative to water.
    (iii) The correlation function at each test point is then calculated 
from the calibration data:
[GRAPHIC] [TIFF OMITTED] TR06OC93.105


Where:
    (A) Xo = correlation function.
    (B) [Delta] Pp = The pressure differential from pump 
inlet to pump outlet, kPa (in. Hg) = Pe - Pp.
    (C)(1) Pe = Absolute pump outlet pressure, kPa (in. Hg) = 
PB + PPO.
    (2) For English units, Pe = PB + PPO(SP.GR./
13.57).

Where:
    (D) PPO = Pressure head at pump outlet, kPa (in. fluid).
    (iv) A linear least squares fit is performed to generate the 
calibration equations which have the forms:
    Vo = Do - M(Xo)
    n = A - B([Delta] Pp)
    D0' M, A, and B are the slope-intercept constants, 
describing the lines.
    (8) A CVS system that has multiple speeds shall be calibrated on 
each

[[Page 767]]

speed used. The calibration curves generated for the ranges will be 
approximately parallel and the intercept values, D0' will 
increase as the pump flow range decreases.
    (9) If the calibration has been performed carefully, the calculated 
values from the equation will be within 0.50 
percent of the measured value of Vo. Values of M will vary 
from one pump to another, but values of Do for pumps of the 
same make, model, and range should agree within 3 
percent of each other. Particulate influx from use will cause the pump 
slip to decrease as reflected by lower values for M. Calibrations should 
be performed at pump startup and after major maintenance to assure the 
stability of the pump slip rate. Analysis of mass injection data will 
also reflect pump slip stability.
    (c) CFV calibration. (1) Calibration of the Critical Flow Venturi 
(CFV) is based upon the flow equation for a critical venturi. Gas flow 
is a function of inlet pressure and temperature:
[GRAPHIC] [TIFF OMITTED] TR06OC93.106


Where:
    (i) Qs = Flow.
    (ii) Kv = Calibration coefficient.
    (iii) P = Absolute pressure.
    (iv) T = Absolute temperature.
    The calibration procedure described below establishes the value of 
the calibration coefficient at the measured values of pressure, 
temperature and air flow.
    (2) The manufacturer's recommended procedure shall be followed for 
calibrating electronic portions of the CFV.
    (3) Measurements necessary for flow calibration are as follows:

                                          Calibration Data Measurements
----------------------------------------------------------------------------------------------------------------
              Parameter                         Symbol                   Units                  Tolerances
----------------------------------------------------------------------------------------------------------------
Barometric pressure (corrected)......  PB.....................  kPa (in. Hg)...........  0.03 kPa (0.01
                                                                                          in. Hg)
Air temperature, flowmeter...........  ETI....................  [deg]C ( [deg]F).......  0.15 [deg]C (0.27
                                                                                          [deg]F)
Pressure depression upstream of LFE..  EPI....................  kPa (in. H2O)..........  0.01kPa (0.05
                                                                                          in. H2O)
Pressure drop across LFE matrix......  EDP....................  kPa (in. H2O)..........  0.001 kPa (0.005
                                                                                          in. H2O)
Air flow.............................  Qs.....................  m\3\/min (ft\3\/min)...  0.5%
CFV inlet depression.................  PPI....................  kPa (in. fluid)........  0.02 kPa (0.05
                                                                                          in. fluid)
Temperature at venturi inlet.........  Tv.....................  [deg]C ( [deg]F).......  0.25 [deg]C (0.45
                                                                                          [deg]F)
Specific gravity of manometer fluid    Sp Gr..................  . . ...................  . . .
 (1.75 oil).
----------------------------------------------------------------------------------------------------------------

    (4) Set up equipment as shown in Figure F78-6 and check for leaks. 
Any leaks between the flow measuring device and the critical flow 
venturi will seriously affect the accuracy of the calibration.
    (5) Set the variable flow restrictor to the open position, start the 
blower and allow the system to stabilize. Record data from all 
instruments.
    (6) Vary the flow restrictor and make at least 8 readings across the 
critical flow range of the venturi.
    (7) Data analysis. The data recorded during the calibration are to 
be used in the following calculations:
    (i) The air flow rate, Qs, at each test point is 
calculated from the flowmeter data using the manufacturer's prescribed 
method.
    (ii) Calculate values of the calibration coefficient for each test 
point:
[GRAPHIC] [TIFF OMITTED] TR06OC93.107


Where:
    (A) Qs = Flow rate in m\3\/minute, standard conditions 
are 20 [deg]C, 101.3 kPa (68 [deg]F, 29.92 in. Hg)
    (B) Tv = Temperature at venturi inlet, [deg]K([deg]R).
    (C)(1) Pv = Pressure at venturi inlet, kPa (mm Hg) = 
PB-PPI.
    (2) For English units, Pv = PB - PPI (SP.GR./
13.57).

Where:
    (D) PPI = Venturi inlet pressure depression, kPa (in. fluid).
    (E) SP.GR.=Specific gravity of manometer fluid, relative to water.
    (iii) Plot Kv as a function of venturi inlet depression. 
For sonic flow, Kv will have a relatively constant value. As 
pressure decreases (vacuum increases),

[[Page 768]]

the venturi becomes unchoked and Kv decreases (is no longer 
constant). See Figure F78-7.
    (iv) For a minimum of 8 points in the critical region, calculate an 
average Kv and the standard deviation.
    (v) If the standard deviation exceeds 0.3 percent of the average 
Kv, take corrective action.
    (d) CVS system verification. The following ``gravimetric'' technique 
can be used to verify that the CVS and analytical instruments can 
accurately measure a mass of gas that has been injected into the system. 
If the CVS and analytical system will be used only in the testing of 
gasoline-fueled vehicles, the system verification may be performed using 
either propane or carbon monoxide. If the CVS and analytical system will 
be used with methanol-fueled vehicles as well as gasoline-fueled 
vehicles, system verification performance check must include a methanol 
check in addition to either the propane or carbon monoxide check. 
(Verification can also be accomplished by constant flow metering using 
critical flow orifice devices.)
    (1) Obtain a small cylinder that has been charged with pure propane 
or carbon monoxide gas (CAUTION--carbon monoxide is poisonous).
    (2) Determine a reference cylinder weight to the nearest 0.01 grams.
    (3) Operate the CVS in the normal manner and release a quantity of 
pure propane or carbon monoxide into the system during the sampling 
period (approximately 5 minutes).
    (4) Following completion of step (3) above (if methanol injection is 
required), continue to operate the CVS in the normal manner and release 
a known quantity of pure methanol (in gaseous form) into the system 
during the sampling period (approximately 5 minutes). This step does not 
need to be performed with each verification, provided that it is 
performed at least twice annually.
    (5) The calculations of Sec. 86.544 are performed in the normal way 
except in the case of propane. The density of propane (0.6109 kg/m\3\/
carbon atom (17.30 g/ft\3\/carbon atom)) is used in place of the density 
of exhaust hydrocarbons. In the case of carbon monoxide, the density of 
1.164 kg/m\3\ (32.97 g/ft\3\) is used. In the case of methanol, the 
density of 1.332 kg/m\3\ (37.71 g/ft\3\) is used.
    (6) The gravimetric mass is subtracted from the CVS measured mass 
and then divided by the gravimetric mass to determine the percent 
accuracy of the system.
    (7) The cause for any discrepancy greater than 2 percent must be found and corrected. The 
Administrator, upon request, may waive the requirement to comply with 
2 percent methanol recovery tolerance, and instead 
require compliance with a higher tolerance (not to exceed 6 percent), provided that:
    (i) The Administrator determines that compliance with the specified 
tolerance is not practically feasible; and
    (ii) The manufacturer makes information available to the 
Administrator which indicates that the calibration tests and their 
results are consistent with good laboratory practice, and that the 
results are consistent with the results of calibration testing conducted 
by the Administrator.

[54 FR 14546, Apr. 11, 1989, as amended at 60 FR 34355, June 30, 1995]



Sec. 86.521-90  Hydrocarbon analyzer calibration.

    (a) The FID hydrocarbon analyzer shall receive the following initial 
and periodic calibration. The HFID used with methanol-fueled vehicles 
shall be operated at 235 [deg]F15 [deg]F (113 
[deg]C8 [deg]C).
    (b) Initial and periodic optimization of detector response. Prior to 
its introduction into service and at least annually thereafter, the FID 
hydrocarbon analyzer shall be adjusted for optimum hydrocarbon response. 
Analyzers used with petroleum fuels and liquefied petroleum gas-fuel 
shall be optimized using propane. Analyzers used with natural gas-fuel 
for measurement of hydrocarbons shall be optimized using methane. If a 
single analyzer is used for all measurements, it shall be optimized 
using propane and its response factor for methane shall be determined 
and accounted for in measurements of total hydrocarbons from natural 
gas-fuel. Alternate methods yielding equivalent results may be used, if 
approved in advance by the Administrator.
    (1) Follow the manufacturer's instructions or good engineering 
practice

[[Page 769]]

for instrument startup and basic operating adjustment using the 
appropriate FID fuel and zero-grade air.
    (2) Optimize on the most common operating range. Introduce into the 
analyzer a propane (methane as appropriate) in air mixture (methanol in 
air mixture for methanol-fueled vehicles when optional methanol 
calibrated FID procedure is used during the 1990 through 1994 model 
year) with a propane (or methane or methanol as appropriate) 
concentration equal to approximately 90 percent of the most common 
operating range.
    (3) Select an operating FID fuel flow rate that will give near 
maximum response and least variation in response with minor fuel flow 
variations.
    (4) To determine the optimum air flow, use the FID fuel flow setting 
determined above and vary air flow.
    (5) After the optimum flow rates have been determined, record them 
for future reference.
    (c) Initial and periodic calibration. Prior to its introduction into 
service and monthly thereafter the FID hydrocarbon analyzer shall be 
calibrated on all normally used instrument ranges, and, if applicable, 
the methanol response factor shall be determined (paragraph (d) of this 
section). Use the same flow rate as when analyzing sample.
    (1) Adjust analyzer to optimize performance.
    (2) Zero the hydrocarbon analyzer with zero grade air.
    (3) Calibrate on each normally used operating range with propane in 
air (or methanol or methane in air as appropriate) calibration gases 
having nominal concentrations of 15, 30, 45, 60, 75 and 90 percent of 
that range. For each range calibrated, if the deviation from a least 
squares best-fit straight line is two percent or less of the value at 
each data point, concentration values may be calculated by use of a 
single calibration factor for that range. If the deviation exceeds two 
percent at any point, the best-fit non-linear equation which represents 
the data to within two percent of each test point shall be used to 
determine concentration.
    (d) FID response factor to methanol. When the FID analyzer is to be 
used for the analysis of hydrocarbon samples containing methanol, the 
methanol response factor of the analyzer shall be established. The 
methanol response factor shall be determined at several concentrations 
in the range of concentrations in the exhaust sample, using either bag 
samples or gas bottles meeting the requirements of Sec. 86.514.
    (1) The bag sample, if used, of methanol for analysis in the FID 
shall be prepared using the apparatus shown in Figure F90-4. A known 
volume of methanol is injected, using a microliter syringe, into the 
heated mixing zone (250 [deg]F (121 [deg]C)) of the apparatus. The 
methanol is vaporized and swept into the sample bag with a known volume 
of zero grade air measured by a gas flow meter meeting the performance 
requirements of Sec. 86.120.

[[Page 770]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.180

    (2) The bag sample is analyzed using the FID.
    (3) The FID response factor, r, is calculated as follows:
    r = FIDppm/SAMppm

Where:
    (i) r = FID response factor.

[[Page 771]]

    (ii) FIDppm = FID reading, ppmC.
    (iii) SAMppm=methanol concentration in the sample bag, or gas 
bottle, in ppmC. SAMppm for sample bags:
[GRAPHIC] [TIFF OMITTED] TR06OC93.108


Where:
    (iv) 0.02406 = Volume of one mole at 101.3 kPa (29.92 in. Hg) and 20 
[deg]C (68 [deg]F), m\3\.
    (v) Fuel injected = Volume of methanol injected, ml.
    (vi) Fuel Density = Density of methanol, 0.7914 g/ml
    (vii) Air volume = Volume of zero grade air, m\3\
    (viii) Mol. Wt. CH3OH = 32.04
    (e) FID response factor to methane. When the FID analyzer is to be 
used for the analysis of natural gas-fueled motorcycle hydrocarbon 
samples, the methane response factor of the analyzer shall be 
established. To determine the total hydrocarbon FID response to methane, 
known methane in air concentrations traceable to National Institute of 
Standards and Technology (NIST) shall be analyzed by the FID. Several 
methane concentrations shall be analyzed by the FID in the range of 
concentrations in the exhaust sample. The total hydrocarbon FID response 
to methane is calculated as follows:
rCH4 = FIDppm/SAMppm

Where:
(1) rCH4 = FID response factor to methane.
(2) FIDppm = FID reading in ppmC.
(3) SAMppm = the known methane concentration in ppmC.

[54 FR 14546, Apr. 11, 1989, as amended at 59 FR 48514, Sept. 21, 1994; 
60 FR 34355, June 30, 1995]



Sec. 86.522-78  Carbon monoxide analyzer calibration.

    (a) Initial and periodic interference check. Prior to its 
introduction into service and annually thereafter the NDIR carbon 
monoxide analyzer shall be checked for response to water vapor and 
CO2:
    (1) Follow the manufacturer's instructions for instrument startup 
and operation. Adjust the analyzer to optimize performance on the most 
sensitive range.
    (2) Zero the carbon monoxide analyzer with either zero grade air or 
zero grade nitrogen.
    (3) Bubble a mixture of 3 percent CO2 in N2 
through water at room temperature and record analyzer response.
    (4) An analyzer response of more than 1 percent of full scale for 
ranges above 300 ppm full scale or of more than 3 ppm on ranges below 
300 ppm full scale will require corrective action. (Use of conditioning 
columns is one form of corrective action which may be taken.)
    (b) Initial and periodic calibration. Prior to its introduction into 
service and monthly thereafter the NDIR carbon monoxide analyzer shall 
be calibrated.
    (1) Adjust the analyzer to optimize performance.
    (2) Zero the carbon monoxide analyzer with either zero grade air or 
zero grade nitrogen.
    (3) Calibrate on each normally used operating range with carbon 
monoxide in N2 calibration gases having nominal 
concentrations of 15, 30, 45, 60, 75, and 90 percent of that range. 
Additional calibration points may be generated. For each range 
calibrated, if the deviation from a least-squares best-fit straight line 
is 2 percent or less of the value at each data point, concentration 
values may be calculated by use of a single calibration factor for that 
range. If the deviation exceeds 2 percent at any point, the best-fit 
non-linear equation which represents the data to within 2 percent of 
each test point shall be used to determine concentration.



Sec. 86.523-78  Oxides of nitrogen analyzer calibration.

    (a) Prior to introduction into service and at least monthly 
thereafter, if oxides of nitrogen are measured, the chemiluminescent 
oxides of nitrogen analyzer must be checked for NO2 to NO 
converter efficiency. Figure F78-8 is a reference for paragraphs (a) (1) 
through (11) of this section.

[[Page 772]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.181

    (1) Follow the manufacturer's instructions for instrument startup 
and operation. Adjust the analyzer to optimize performance.
    (2) Zero the oxides of nitrogen analyzer with zero grade air or zero 
grade nitrogen.
    (3) Connect the outlet of the NOX generator to the sample 
inlet of the oxides of nitrogen analyzer which has been set to the most 
common operating range.
    (4) Introduce into the NOX generator analyzer-system a NO 
in nitrogen (N2) mixture with a NO concentration equal to 
approximately 80 percent of the most common operating range. The 
NO2 content of the gas mixture shall be less than 5 percent 
of the NO concentration.
    (5) With the oxides of nitrogen analyzer in the NO mode, record the 
concentration of NO indicated by the analyzer.
    (6) Turn on the NOX generator O2 (or air) 
supply and adjust the O2 (or air) flow rate so that the NO 
indicated by the analyzer is about 10 percent less than indicated in 
step 5. Record the concentration of NO in this NO+O2 mixture.
    (7) Switch the NOX generator to the generation mode and 
adjust the generation rate so that the NO measured on

[[Page 773]]

the analyzer is 20 percent of that measured in step 5. There must be at 
least 10 percent unreacted NO at this point. Record the concentration of 
residual NO.
    (8) Switch the oxides of nitrogen analyzer to the NOX 
mode and measure total NOX. Record this value.
    (9) Switch off the NOX generation but maintain gas flow 
through the system. The oxides of nitrogen analyzer will indicate the 
NOX in the NO+O2 mixture. Record this value.
    (10) Turn off the NOX generator O2 (or air) 
supply. The analyzer will now indicate the NOX in the 
original NO in N2 mixture. This value should be no more than 
5 percent above the value indicated in step 4.
    (11) Calculate the efficiency of the NOX converter by 
substituting the concentrations obtained into the following equation:

Percent Efficiency = [1 + (a - b)/(c - d)] x 100

where:

a = concentration obtained in step (8).
b = concentration obtained in step (9).
c = concentration obtained in step (6).
d = concentration obtained in step (7).


If converter efficiency is not greater than 90 percent corrective action 
will be required.
    (b) Initial and periodic calibration. Prior to its introduction into 
service and monthly thereafter, if oxides of nitrogen are measured, the 
chemiluminescent oxides of nitrogen analyzer shall be calibrated on all 
normally used instrument ranges. Use the same flow rate as when 
analyzing samples. Proceed as follows:
    (1) Adjust analyzer to optimize performance.
    (2) Zero the oxides of nitrogen analyzer with zero grade air or zero 
grade nitrogen.
    (3) Calibrate on each normally used operating range with NO in 
N2 calibration gases with nominal concentrations of 50 and 
100 percent of that range. Additional calibration points may be 
generated.
    (c) When testing methanol-fueled motorcycles, it may be necessary to 
clean the analyzer frequently to prevent interference with 
NOX measurements (see EPA/600/S3-88/040).

[42 FR 1137, Jan. 5, 1977, as amended at 52 FR 47870, Dec. 16, 1987; 58 
FR 58423, Nov. 1, 1993; 60 FR 34357, June 30, 1995]



Sec. 86.524-78  Carbon dioxide analyzer calibration.

    (a) Prior to its introduction into service and monthly thereafter 
the NDIR carbon dioxide analyzer shall be calibrated:
    (1) Follow the manufacturer's instructions for instrument startup 
and operation. Adjust the analyzer to optimize performance.
    (2) Zero the carbon dioxide analyzer with either zero grade air or 
zero grade nitrogen.
    (3) Calibrate on each normally used operating range with carbon 
dioxide in N2 calibration gases with nominal concentrations 
of 15, 30, 45, 60, 75, and 90 percent of that range. Additional 
calibration points may be generated. For each range calibrated, if the 
deviation from a least-squares best-fit straight line is 2 percent or 
less of the value at each data point, concentration values may be 
calculated by use of a single calibration factor for that range. If the 
deviation exceeds 2 percent at any point, the best-fit non-linear 
equation which represents the data to within 2 percent of each test 
point shall be used to determine concentration.
    (b) [Reserved]



Sec. 86.526-90  Calibration of other equipment.

    Other test equipment used for testing shall be calibrated as often 
as required by the manufacturer or as necessary according to good 
practice. Specific equipment requiring calibration is the gas 
chromatograph and flame ionization detector used in measuring methanol 
and the high pressure liquid chromatograph (HPLC) and ultraviolet 
detector for measuring formaldehyde.

[54 FR 14551, Apr. 11, 1989]



Sec. 86.527-90  Test procedures, overview.

    (a) The procedures described in this and subsequent sections are 
used to determine the conformity of motorcycles with the standards set 
forth in subpart E of this part.

[[Page 774]]

    (b) The overall test consists of prescribed sequences of fueling, 
parking, and operating conditions.
    (c) The exhaust emission test is designed to determine hydrocarbon 
(gasoline-fueled, natural gas-fueled and liquefied petroleum gas-fueled 
motorcycles), methanol, formaldehyde, and hydrocarbon (methanol-fueled 
motorcycles), carbon monoxide and oxides of nitrogen mass emissions 
while simulating an average trip in an urban area. The test consists of 
engine startups and motorcycle operation on a chassis dynamometer, 
through a specified driving schedule. A proportional part of the diluted 
exhaust emissions is collected continuously for subsequent analysis, 
using a constant volume (variable dilution) sampler.
    (d) Except in cases of component malfunction or failure, all 
emission control systems installed on or incorporated in a new 
motorcycle shall be functioning during all procedures in this subpart. 
Maintenance to correct component malfunction or failure shall be 
authorized in accordance with subpart E of this part.
    (e) Background concentrations are measured for all species for which 
emissions measurements are made. For exhaust testing, this requires 
sampling and analysis of the dilution air. (When testing methanol-fueled 
motorcycles, manufacturers may choose not to measure background 
concentrations of methanol and/or formaldehyde, and then assume that the 
concentrations are zero during calculations.)

[54 FR 14551, Apr. 11, 1989, as amended at 59 FR 48515, Sept. 21, 1994; 
60 FR 34357, June 30, 1995]



Sec. 86.528-78  Transmissions.

    (a) Vehicles equipped with transfer cases, multiple sprockets, etc., 
shall be tested in the manufacturer's recommended configuration for 
street or highway use. If more than one configuration is recommended or 
if the recommendation is deemed unreasonable by the Administrator, the 
Administrator will specify the test configuration.
    (b) All tests shall be conducted with automatic transmissions in 
``Drive'' (highest gear). Automatic clutch-torque converter 
transmissions may be shifted as manual transmissions at the option of 
the manufacturer.
    (c) Idle modes shall be run with automatic transmissions in 
``Drive'' and the wheels braked, manual transmission shall be in gear 
with the clutch disengaged; except first idle, see Sec. Sec. 86.536 and 
86.537.
    (d) The vehicle shall be driven with minimum throttle movement to 
maintain the desired speed. No simultaneous use of brake and throttle 
shall be permitted.
    (e) Acceleration modes shall be driven smoothly. Automatic 
transmissions shall shift automatically through the normal sequence of 
gears; manual transmissions shall be shifted as recommended by the 
manufacturer to the ultimate purchaser (unless determined to be 
unreasonable by the Administrator) with the operator closing the 
throttle during each shift and accomplishing the shift with minimum 
time. If the vehicle cannot accelerate at the specified rate, the 
vehicle shall be operated with the throttle fully opened until the 
vehicle speed reaches the value prescribed for that time in the driving 
schedule.
    (f) The deceleration modes shall be run in gear using brakes or 
throttle as necessary to maintain the desired speed. Manual transmission 
vehicles shall be downshifted using the same shift points as when 
upshifting or as recommended by the manufacturer in the vehicle owner's 
manual. All downshifts shall be made smoothly, disengaging the clutch 
while shifting and engaging the clutch once the lower gear has been 
selected. For those modes which require the vehicle to decelerate to 
zero, manual transmission clutches shall be disengaged when the speed 
drops below 15 km/h (9.3 mph) for vehicles with engine displacements 
equal to or greater than 280 cc (17.1 cu. in.), when the speed drops 
below 10 km/h (6.2 mph) for vehicles with engine displacements less than 
280 cc (17.1 cu. in.), when engine roughness is evident, or when engine 
stalling is imminent.
    (g) If downshifting during deceleration is not permitted in the 
vehicle owner's manual, manual transmissions will be downshifted at the 
beginning of or during a power mode if recommended by the manufacturer 
or if

[[Page 775]]

the engine obviously is lugging. For those modes which require these 
vehicles to decelerate to zero, manual transmission clutches shall be 
disengaged when the speed drops below 25 km/h (15.5 mph) for vehicles 
with engine displacement equal to or greater than 280 cc (17.1 cu. in.), 
when the speed drops below 20 km/h (12.4 mph) for vehicles with engine 
displacements less than 280 cc (17.1 cu. in.), when engine roughness is 
evident, or when engine stalling is imminent. While the clutch is 
disengaged and during these deceleration modes, the vehicle shall be 
shifted to the appropriate gear for starting the next mode.
    (h) If shift speeds are not recommended by the manufacturer, manual 
transmission vehicles shall be shifted as follows:
    (1) For Class I and II motorcycles:

------------------------------------------------------------------------
                Shift                                Speed
------------------------------------------------------------------------
1st to 2d gear.......................  19 km/h (11.8 mi/h).
2d to 3d gear........................  33 km/h (20.5 mi/h).
3d to 4th gear.......................  44 km/h (27.3 mi/h).
4th to 5th gear......................  53 km/h (32.9 mi/h).
------------------------------------------------------------------------

    (2) For Class III motorcycles:

------------------------------------------------------------------------
                Shift                                Speed
------------------------------------------------------------------------
1st to 2d gear.......................  30 km/h (18.6 mi/h).
2d to 3d gear........................  45 km/h (28.0 mi/h).
3d to 4th gear.......................  60 km/h (37.3 mi/h).
4th to 5th gear......................  75 km/h (46.6 mi/h).
------------------------------------------------------------------------

    (3) Higher gears may be used at the manufacturer's option.



Sec. 86.529-98  Road load force and inertia weight determination.

    (a)(1) Road load as a function of speed is given by the following 
equation:

F = A + CV\2\

    (2) The values for coefficients A and C and the test inertia are 
given in Figure F98-9 of this section. Velocity V is in km/h and force 
(F) is in newtons. The forces given by the equation in paragraph (a)(1) 
of this section shall be simulated to the best ability of the equipment 
being used.
    (b) The inertia given in Figure F98-9 shall be used. Motorcycles 
with loaded vehicle mass outside these limits shall be tested at an 
equivalent inertial mass and road load force specified by the 
Administrator. Figure F98-9 follows:

                                                                      Figure F98-9
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               Force coefficients                   70 to 60 km/h coastdown calibration
                                                                          ---------------------------                              times
                                                               Equivalent                                         --------------------------------------
                  Loaded vehicle mass (kg)                      inertial                              Force at 65                  Allowable tolerance
                                                               mass (kg)      A (nt)      C (nt/(km/   km/h (nt)   Target time -------------------------
                                                                                            h)\2\)                    (sec)       Longest      Shortest
                                                                                                                                 time (sec)   time (sec)
--------------------------------------------------------------------------------------------------------------------------------------------------------
95-105......................................................          100          0.0         .0224         94.8         2.95          3.1          2.8
106-115.....................................................          110          0.82        .0227         96.8         3.18          3.3          3.0
116-125.....................................................          120          1.70        .0230         98.8         3.39          3.6          3.2
126-135.....................................................          130          2.57        .0233        100.9         3.60          3.8          3.4
136-145.....................................................          140          3.44        .0235        102.9         3.80          4.0          3.6
146-155.....................................................          150          4.32        .0238        104.9         3.99          4.2          3.8
156-165.....................................................          160          5.19        .0241        107.0         4.10          4.4          4.0
166-175.....................................................          170          6.06        .0244        109.0         4.36          4.6          4.2
176-185.....................................................          180          6.94        .0246        111.0         4.53          4.7          4.3
186-195.....................................................          190          7.81        .0249        113.1         4.69          4.9          4.5
196-205.....................................................          200          8.69        .0252        115.1         4.85          5.1          4.6
206-215.....................................................          210          9.56        .0255        117.1         5.00          5.2          4.8
216-225.....................................................          220         10.43        .0257        119.2         5.15          5.4          4.9
226-235.....................................................          230         11.31        .0260        121.2         5.30          5.5          5.1
236-245.....................................................          240         12.18        .0263        123.2         5.43          5.7          5.2
246-255.....................................................          250         13.06        .0266        125.3         5.57          5.8          5.4
256-265.....................................................          260         13.93        .0268        127.3         5.70          5.9          5.5
266-275.....................................................          270         14.80        .0271        129.3         5.82          6.1          5.6
276-285.....................................................          280         15.68        .0274        131.4         5.95          6.2          5.7
286-295.....................................................          290         16.55        .0277        133.4         6.06          6.3          5.8
296-305.....................................................          300         17.43        .0279        135.4         6.18          6.4          6.0
306-315.....................................................          310         18.30        .0282        137.5         6.29          6.5          6.1
316-325.....................................................          320         19.17        .0285        139.5         6.40          6.6          6.2
326-335.....................................................          330         20.05        .0288        141.6         6.50          6.7          6.3
336-345.....................................................          340         20.92        .0290        143.6         6.60          6.8          6.4
346-355.....................................................          350         21.80        .0293        145.6         6.70          6.9          6.5
356-365.....................................................          360         22.67        .0296        147.7         6.80          7.0          6.6
366-375.....................................................          370         23.54        .0299        149.7         6.89          7.1          6.7

[[Page 776]]

 
376-385.....................................................          380         24.42        .0301        151.7         6.98          7.2          6.8
386-395.....................................................          390         25.29        .0304        153.8         7.07          7.3          6.9
396-405.....................................................          400         26.17        .0307        155.8         7.16          7.4          6.9
406-415.....................................................          410         27.04        .0310        157.8         7.24          7.5          7.0
416-425.....................................................          420         27.91        .0312        159.9         7.33          7.6          7.1
426-435.....................................................          430         28.79        .0315        161.9         7.41          7.6          7.2
436-445.....................................................          440         29.66        .0317        163.7         7.49          7.7          7.3
446-455.....................................................          450         30.54        .0318        164.9         7.61          7.8          7.4
456-465.....................................................          460         31.41        .0319        166.0         7.73          8.0          7.5
466-475.....................................................          470         32.28        .0319        167.1         7.84          8.1          7.6
476-485.....................................................          480         33.16        .0320        168.3         7.95          8.2          7.7
486-495.....................................................          490         34.03        .0320        169.4         8.06          8.3          7.8
496-505.....................................................          500         34.90        .0321        170.5         8.17          8.4          7.9
506-515.....................................................          510         35.78        .0322        171.7         8.28          8.5          8.0
516-525.....................................................          520         36.65        .0322        172.8         8.39          8.6          8.2
526-535.....................................................          530         37.53        .0323        173.9         8.49          8.7          8.3
536-545.....................................................          540         38.40        .0323        175.1         8.60          8.8          8.4
546-555.....................................................          550         39.27        .0324        176.2         8.70          9.0          8.5
556-565.....................................................          560         40.15        .0325        177.3         8.80          9.1          8.6
566-575.....................................................          570         41.02        .0325        178.5         8.90          9.2          8.7
576-585.....................................................          580         41.90        .0326        179.6         9.00          9.3          8.8
586-595.....................................................          590         42.77        .0327        180.8         9.10          9.4          8.9
596-605.....................................................          600         43.64        .0327        181.9         9.19          9.5          8.9
606-615.....................................................          610         44.52        .0328        183.0         9.29          9.5          9.0
616-625.....................................................          620         45.39        .0328        184.2         9.38          9.6          9.1
626-635.....................................................          630         46.27        .0329        185.3         9.47          9.7          9.2
636-645.....................................................          640         47.14        .0330        186.4         9.56          9.8          9.3
646-655.....................................................          650         48.01        .0330        187.6         9.65          9.9          9.4
565-665.....................................................          660         48.89        .0331        188.7         9.74         10.0          9.5
666-675.....................................................          670         49.76        .0332        189.8         9.83         10.1          9.6
676-685.....................................................          680         50.64        .0332        191.0         9.92         10.2          9.7
686-695.....................................................          690         51.51        .0333        192.1        10.01         10.3          9.8
696-705.....................................................          700         52.38        .0333        193.2        10.09         10.4          9.8
706-715.....................................................          710         53.26        .0334        194.4        10.17         10.4          9.9
716-725.....................................................          720         54.13        .0335        195.5        10.26         10.5         10.0
726-735.....................................................          730         55.01        .0335        196.6        10.34         10.6         10.1
736-745.....................................................          740         55.88        .0336        197.8        10.42         10.7         10.2
746-755.....................................................          750         56.75        .0336        198.9        10.50         10.8         10.2
756-765.....................................................          760         57.63        .0337        200.1        10.58         10.9         10.3
766-775.....................................................          770         58.50        .0338        201.2        10.66         10.9         10.3
776-785.....................................................          780         59.38        .0338        203.3        10.74         11.0         10.4
786-795.....................................................          790         60.25        .0339        204.5        10.82         11.1         10.5
796-805.....................................................          800         61.12        .0339        205.6        10.91         11.2         10.6
806-815.....................................................          810         62.00        .0340        206.7        10.99         11.3         10.7
816-825.....................................................          820         62.87        .0341        207.9        11.07         11.4         10.8
826-835.....................................................          830         63.75        .0341        209.0        11.15         11.5         10.8
836-845.....................................................          840         64.62        .0342        210.1        11.24         11.5         10.9
846-855.....................................................          850         65.49        .0343        211.3        11.32         11.6         11.0
856-865.....................................................          860         66.37        .0343        212.4        11.40         11.7         11.1
866-873.....................................................          870         67.24        .0344        213.5        11.48         11.8         11.2
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (c) The dynamometer shall be adjusted to reproduce the specified 
road load as determined by the most recent calibration. Alternatively, 
the actual vehicle road load can be measured and duplicated:
    (1) Make at least 5 replicate coastdowns in each direction from 70 
to 60 km/h on a smooth, level track under balanced wind conditions. The 
driver must have a mass of 80 10 kg and be in the 
normal driving position. Record the coastdown time.
    (2) Average the coastdown times. Adjust the dynamometer load so that 
the coastdown time is duplicated with the vehicle and driver on the 
dynamometer.

[[Page 777]]

    (3) Alternate procedures may be used if approved in advance by the 
Administrator.

[63 FR 11849, Mar. 11, 1998]



Sec. 86.530-78  Test sequence, general requirements.

    (a) Ambient temperature levels encountered by the test vehicle 
throughout the test sequence shall not be less than 20 [deg]C (68 
[deg]F) nor more than 30 [deg]C (86 [deg]F). The vehicle shall be 
approximately level during the emission test to prevent abnormal fuel 
distribution.
    (b) [Reserved]



Sec. 86.531-78  Vehicle preparation.

    (a) The manufacturer shall provide additional fittings and adapters, 
as required by the Administrator * * *, such as * * * to accommodate a 
fuel drain at the lowest point possible in the tank(s) as installed on 
the vehicle and to provide for exhaust sample collection.
    (b) [Reserved]



Sec. 86.532-78  Vehicle preconditioning.

    (a) The vehicle shall be moved to the test area and the following 
operations performed:
    (1) The fuel tank(s) shall be drained through the provided fuel 
tank(s) drain(s) and charged with the specified test fuel, Sec. 86.513, 
to half the tank(s) capacity.
    (2) The vehicle shall be placed, either by being driven or pushed, 
on a dynamometer and operated through one Urban Dynamometer Driving 
Schedule test procedure (see Sec. 86.515 and appendix I). The vehicle 
need not be cold, and may be used to set dynamometer horsepower.
    (b) Within five (5) minutes of completion of preconditioning, the 
vehicle shall be removed from the dynamometer and may be driven or 
pushed to the soak area to be parked. The vehicle shall be stored for 
not less than the following times prior to the cold start exhaust test.

------------------------------------------------------------------------
                                                                  Hours
------------------------------------------------------------------------
Class I........................................................        6
Class II.......................................................        8
Class III......................................................       12
------------------------------------------------------------------------


In no case shall the vehicle be stored for more than 36 hours prior to 
the cold start exhaust test.



Sec. 86.535-90  Dynamometer procedure.

    (a) The dynamometer run consists of two tests, a ``cold'' start test 
and a ``hot'' start test following the ``cold'' start by 10 minutes. 
Engine startup (with all accessories turned off), operation over the 
driving schedule, and engine shutdown make a complete cold start test. 
Engine startup and operation over the first 505 seconds of the driving 
schedule complete the hot start test. The exhaust emissions are diluted 
with ambient air and a continuously proportional sample is collected for 
analysis during each phase. The composite samples collected in bags are 
analyzed for hydrocarbons, carbon monoxide, carbon dioxide, and, 
optionally, for oxides of nitrogen. A parallel sample of the dilution 
air is similarly analyzed for hydrocarbon, carbon monoxide, carbon 
dioxide, and, optionally, for oxides of nitrogen. Methanol and 
formaldehyde samples (exhaust and dilution air) are collected and 
analyzed for methanol-fueled vehicles (a single dilution air 
formaldehyde sample covering the total time of the test may be collected 
in place of individual test phases).
    (b) [Reserved]
    (c) The vehicle speed, as measured from the dynamometer roll, shall 
be used. A speed vs. time recording, as evidence of dynamometer test 
validity, shall be supplied on request of the Administrator.
    (d) Practice runs over the prescribed driving schedule may be 
performed at test points, provided an emission sample is not taken, for 
the purpose of finding the minimum throttle action to maintain the 
proper speed-time relationship, or to permit sampling system 
adjustments.
    (e) The drive wheel tires must be inflated to the manufacturer's 
recommended pressure, 15 kPa (2.2 psi). The drive wheel tire pressure shall be 
reported with the test results.
    (f) If the dynamometer has not been operated during the two-hour 
period immediately preceding the test, it shall be warmed up for 15 
minutes by operating at 50 km/h (31 mph) using a

[[Page 778]]

nontest vehicle, or as recommended by the dynamometer manufacturer.
    (g) If the dynamometer horsepower must be adjusted manually, it 
shall be set within one hour prior to the exhaust emissions test phase. 
The test vehicle shall not be used to make this adjustment. Dynamometers 
using automatic control of preselectable power settings may be set 
anytime prior to the beginning of the emissions test.
    (h) The driving distance, as measured by counting the number of 
dynamometer roll revolutions, shall be determined for the transient cold 
start, stabilized cold start, and transient hot start phases of the 
test.

[54 FR 14551, Apr. 11, 1989]



Sec. 86.536-78  Engine starting and restarting.

    (a)(1) The engine shall be started according to the manufacturer's 
recommended starting procedures. The initial 20 second idle period shall 
begin when the engine starts.
    (2) Choke operation. (i) Vehicles equipped with automatic chokes 
shall be operated according to the instructions in the manufacturer's 
operating instructions or owner's manual including choke setting and 
``kick-down'' from cold fast idle. The transmission shall be placed in 
gear 15 seconds after the engine is started. If necessary, braking may 
be employed to keep the drive wheels from turning.
    (ii) Vehicles equipped with manual chokes shall be operated 
according to the manufacturer's operating instructions or owner's 
manual. Where times are provided in the instructions, the Administrator 
may specify the specific point for operation, within 15 seconds of the 
recommended time.
    (3) The operator may use the choke, throttle etc. where necessary to 
keep the engine running.
    (4) If the manufacturer's operating instructions or owner's manual 
do not specify a warm engine starting procedure, the engine (automatic 
and manual choke engines) shall be started by opening the throttle about 
half way and cranking the engine until it starts.
    (b) [Reserved]
    (c) If, during the cold start, the vehicle does not start after 10 
seconds of cranking, or ten cycles of the manual starting mechanism, 
cranking shall cease and the reason for failure to start determined. The 
revolution counter on the constant volume sampler shall be turned off 
and the sample solenoid valves placed in the ``standby'' position during 
this diagnostic period. In addition, either the CVS blower shall be 
turned off or the exhaust tube disconnected from the tailpipe during the 
diagnostic period.
    (1) If failure to start is an operational error, the vehicle shall 
be rescheduled for testing from a cold start. If failure to start is 
caused by vehicle malfunction, corrective action (following the 
unscheduled maintenance provisions) of less than 30 minutes duration may 
be taken and the test continued. The sampling system shall be 
reactivated at the same time cranking is started. When the engine 
starts, the driving schedule timing sequence shall begin. If failure to 
start is caused by vehicle malfunction and the vehicle cannot be 
started, the test shall be voided, the vehicle removed from the 
dynamometer, corrective action taken (following the unscheduled 
maintenance provisions), and the vehicle rescheduled for test. The 
reason for the malfunction (if determined) and the corrective action 
taken shall be reported.
    (2) If the vehicle does not start during the hot start after ten 
seconds of cranking, or ten cycles of the manual starting mechanism, 
cranking shall cease, the test shall be voided, the vehicle removed from 
the dynamometer, corrective action taken in accordance with Sec. 86.428 
or Sec. 86.429, and the vehicle rescheduled for test. The reason for 
the malfunction (if determined) and the corrective action taken shall be 
reported.
    (d) If the engine ``false starts'', the operator shall repeat the 
recommended starting procedure (such as resetting the choke, etc.)
    (e) Stalling. (1) If the engine stalls during an idle period, the 
engine shall be restarted immediately and the test continued. If the 
engine cannot be started soon enough to allow the vehicle to follow the 
next acceleration as

[[Page 779]]

prescribed, the driving schedule indicator shall be stopped. When the 
vehicle restarts, the driving schedule indicator shall be reactivated.
    (2) If the engine stalls during some operating mode other than idle, 
the driving schedule indicator shall be stopped, the vehicle shall then 
be restarted and accelerated to the speed required at that point in the 
driving schedule and the test continued. During acceleration to this 
point, shifting shall be performed in accordance with Sec. 86.528.
    (3) If the vehicle will not restart within one minute, the test 
shall be voided, the vehicle removed from the dynamometer, corrective 
action taken, and the vehicle rescheduled for test. The reason for the 
malfunction (if determined) and the corrective action taken shall be 
reported.



Sec. 86.537-90  Dynamometer test runs.

    (a) The vehicle shall be allowed to stand with the engine turned off 
(see Sec. 86.532 for required time). The vehicle shall be stored prior 
to the emission test in such a manner that precipitation (e.g., rain or 
dew) does not occur on the vehicle. The complete dynamometer test 
consists of a cold start drive of 12.0 km (7.5 mi), (10.9 km (6.8 mi) 
for Class I motorcycles) and simulates a hot start drive of 12.0 km (7.5 
mi), (10.9 km (6.8 mi) for Class I motorcycles). The vehicle is allowed 
to stand on the dynamometer during the 10-minute period between the cold 
and hot start tests. The cold start is divided into two periods. The 
first period, representing the cold start ``transient'' phase, 
terminates at the end of the deceleration which is scheduled to occur at 
505 seconds of the driving schedule. The second period, representing the 
``stabilized'' phase, consists of the remainder of the driving schedule 
including engine shutdown. The hot start test similarly consists of two 
periods. The period, representing the hot start ``transient'' phase, 
terminates at the same point in the driving schedule at the first point 
of the cold start test. The second period of the hot start test, 
``stabilized'' phase, is assumed to be identical to the second period of 
the cold start test. Therefore, the hot start test terminates after the 
first period (505 seconds) is run.
    (b) The following steps shall be taken for each test:
    (1) Place drive wheel of vehicle on dynamometer without starting 
engine.
    (2) Activate vehicle cooling fan.
    (3) For all vehicles, with the sample selector valves in the 
``standby'' position connect evacuated sample collection bags to the 
dilute exhaust and dilution air sample collection systems.
    (4) For methanol-fueled vehicles, with the sample selector valves in 
the ``standby'' position, insert fresh sample collection impingers into 
the methanol sample collection system, fresh impingers or a fresh 
cartridge into the formaldehyde sample collection system and fresh 
impingers (or a single cartridge for formaldehyde) into the dilution air 
sample collection systems for methanol and formaldehyde (background 
measurements of methanol and formaldehyde may be omitted and 
concentrations assumed to be zero for calculations in Sec. 86.544).
    (5) Start the CVS (if not already on), the sample pumps and the 
temperature recorder. (The heat exchanger of the constant volume 
sampler, if used, methanol-fueled vehicle hydrocarbon analyzer and 
sample lines should be preheated to their respective operating 
temperatures before the test begins.)
    (6) Adjust the sample flow rates to the desired flow rate and set 
the gas flow measuring devices to zero.
    (i) For gaseous bag samples (except hydrocarbon samples), the 
minimum flow rate is 0.17 cfm (0.08 l/s).
    (ii) For hydrocarbon samples, the minimum FID (or HFID in the case 
of methanol-fueled vehicles) flow rate is 0.066 cfm (0.031 l/s).
    (iii) For methanol samples, the flow rates shall be set such that 
the system meets the design criteria of Sec. 86.509. For samples in 
which the concentration in the primary impinger exceeds 0.5 mg/l, it is 
recommended that the mass of methanol collected in the secondary 
impinger not exceed ten percent of the total mass collected. For samples 
in which the concentration in the primary impinger does not exceed 0.5 
mg/l, secondary impingers do not need to be analyzed.

[[Page 780]]

    (iv) For formaldehyde samples, the flow rates shall be set such that 
the system meets the design criteria of Sec. 86.509. For impinger 
samples in which the concentration of formaldehyde in the primary 
impinger exceeds 0.1 mg/l, it is recommended that the mass of 
formaldehyde collected in the secondary impinger not exceed ten percent 
of the total mass collected. For samples in which the concentration in 
the primary impinger does not exceed 0.1 mg/l, secondary impingers do 
not need to be analyzed.
    (7) Attach the flexible exhaust tube to the vehicle tailpipe(s).
    (8) Start the gas flow measuring device, position the sample 
selector valves to direct the sample flow into the ``transient'' exhaust 
sample bag, the ``transient'' methanol exhaust sample, the ``transient'' 
formaldehyde exhaust sample, the ``transient'' dilution air sample bag, 
the ``transient'' methanol dilution air sample and the ``transient'' 
formaldehyde dilution air sample, turn the key on, and start cranking 
the engine.
    (9) Fifteen seconds after the engine starts, place the transmission 
in gear.
    (10) Twenty seconds after the engine starts, begin the initial 
vehicle acceleration of the driving schedule.
    (11) Operate the vehicle according to the Urban Dynamometer Driving 
Schedule (Sec. 86.515).
    (12) At the end of the deceleration which is scheduled to occur at 
505 seconds, simultaneously switch the sample flows from the 
``transient'' bags and samples to ``stabilized'' bags and samples, 
switch off gas flow measuring device No. 1 and, start gas flow measuring 
device No. 2. Before the acceleration which is scheduled to occur at 510 
seconds, record the measured roll or shaft revolutions and reset the 
counter or switch to a second counter. As soon as possible, transfer the 
``stabilized'' exhaust and dilution air samples to the analytical system 
and process the samples according to Sec. 86.540, obtaining a 
stabilized reading of the exhaust bag sample on all analyzers within 20 
minutes of the end of the sample collection phase of the test. Obtain 
methanol and formaldehyde sample analyses, if applicable, within 24 
hours of the end of the sample period. (If it is not possible to perform 
analysis on the methanol and formaldehyde samples within 24 hours, the 
samples should be stored in a dark cold (4-10 [deg]C) environment until 
analysis. The samples should be analyzed within fourteen days.)
    (13) Turn the engine off 2 seconds after the end of the last 
deceleration (at 1,369 seconds).
    (14) Five seconds after the engine stops running, simultaneously 
turn off gas flow measuring device No. 2 and position the sample 
selector valves to the ``standby'' position (and open the valves 
isolating particulate filter No. 1, if applicable). Record the measured 
roll or shaft revolutions (both gas meter or flow measurement 
instrumentation readings) and re-set the counter. As soon as possible, 
transfer the ``stabilized'' exhaust and dilution air samples to the 
analytical system and process the samples according to Sec. 86.540, 
obtaining a stabilized reading of the exhaust bag sample on all 
analyzers within 20 minutes of the end of the sample collection phase of 
the test. Obtain methanol and formaldehyde sample analyses, if 
applicable, within 24 hours of the end of the sample period. (If it is 
not possible to perform analysis on the methanol and formaldehyde 
samples within 24 hours, the samples should be stored in a dark cold (4-
10 [deg]C) environment until analysis. The samples should be analyzed 
within fourteen days.)
    (15) Immediately after the end of the sample period, turn off the 
cooling fan.
    (16) Turn off the CVS or disconnect the exhaust tube from the 
tailpipe(s) of the vehicle.
    (17) Repeat the steps in paragraph (b) (2) through (11) of this 
section for the hot start test, except only two evacuated sample bags, 
two methanol sample impingers, and two formaldehyde sample impingers are 
required. The step in paragraph (b)(8) of this section shall begin 
between 9 and 11 minutes after the end of the sample period for the cold 
start test.
    (18) At the end of the deceleration which is scheduled to occur at 
505 seconds, simultaneously turn off gas flow measuring device No. 1 and 
position the sample selector valve to the ``standby'' position. (Engine 
shutdown is not part of the hot start test sample

[[Page 781]]

period.) Record the measured roll or shaft revolutions.
    (19) As soon as possible, transfer the hot start ``transient'' 
exhaust and dilution air bag samples to the analytical system and 
process the samples according to Sec. 86.540 obtaining a stabilized 
reading of the bag exhaust sample on all analyzers within 20 minutes of 
the end of the sample collection phase of the test. Obtain methanol and 
formaldehyde sample analyses, if applicable, within 24 hours of the end 
of the sample period (if it is not possible to perform analysis on the 
methanol and formaldehyde samples within 24 hours, the samples should be 
stored in a dark, cold ( 0 [deg]C) environment until analysis).
    (20) Disconnect the exhaust tube from the vehicle tailpipe(s) and 
remove the vehicle from dynamometer.
    (21) The CVS or CFV may be turned off, if desired.
    (22) Continuous monitoring of exhaust emissions will not normally be 
allowed. Specific written approval must be obtained from the 
Administrator for continuous monitoring of exhaust emissions.

[54 FR 14551, Apr. 11, 1989, as amended at 60 FR 34357, June 30, 1995]



Sec. 86.540-90  Exhaust sample analysis.

    The following sequence of operations shall be performed in 
conjunction with each series of measurements:
    (a) For CO, CO2, gasoline-fueled, natural gas-fueled, 
liquefied petroleum gas-fueled and methanol-fueled motorcycle HC and, if 
appropriate, NOX:
    (1) Zero the analyzers and obtain a stable zero reading. Recheck 
after tests.
    (2) Introduce span gases and set instrument gains. In order to avoid 
errors, span and calibrate at the same flow rates used to analyze the 
test sample. Span gases should have concentrations equal to 75 to 100 
percent of full scale. If gain has shifted significantly on the 
analyzers, check the calibrations. Show actual concentrations on chart.
    (3) Check zeros; repeat the procedure in paragraphs (a) (1) and (2) 
of this section if required.
    (4) Check flow rates and pressures.
    (5) Measure HC, CO, CO2, and, if appropriate, 
NOX. concentrations of samples.
    (6) Check zero and span points. If difference is greater than 2 
percent of full scale, repeat the procedure in paragraphs (a) (1) 
through (5) of this section.
    (b) For CH3OH (methanol-fueled vehicles), introduce test 
samples into the gas chromatograph and measure the concentration. This 
concentration is CMS in the calculations.
    (c) For HCHO (methanol-fueled vehicles), introduce test samples into 
the high pressure liquid chromatograph and measure the concentration of 
formaldehyde as a dinitropheylhydrazine derivative in acetonitrile. This 
concentration is CFS in the calculations.

[54 FR 14552, Apr. 11, 1989, as amended at 59 FR 48515, Sept. 21, 1994; 
60 FR 34357, June 30, 1995]



Sec. 86.542-90  Records required.

    The following information shall be recorded with respect to each 
test:
    (a) Test number.
    (b) System or device tested (brief description).
    (c) Date and time of day for each part of the test schedule.
    (d) Instrument operator.
    (e) Driver or operator.
    (f) Vehicle: Make, Vehicle identification number, Model year, 
Transmission type, Odometer reading at initiation of preconditioning, 
Engine displacement, Engine family, Emission control system, Recommended 
idle RPM, Nominal fuel tank capacity, Inertial loading, Actual curb mass 
recorded at 0 kilometers, and Drive wheel tire pressure.
    (g) Dynamometer serial number: As an alternative to recording the 
dynamometer serial number, a reference to a vehicle test cell number may 
be used, with the advance approval of the Administrator, provided the 
test cell records show the pertinent instrument information.
    (h) All pertinent instrument information such as tuning-gain-serial 
number-detector number-range. As an alternative, a reference to a 
vehicle test cell number may be used, with the advance

[[Page 782]]

approval of the Administrator, provided test cell calibration records 
show the pertinent instrument information.
    (i) Recorder Charts: Identify zero, span, exhaust gas, and dilution 
air sample traces.
    (j) Test cell barometric pressure, ambient temperature and humidity.
    Note: A central laboratory barometer may be used; Provided, that 
individual test cell barometric pressures are shown to be within 0.1 percent of the barometric pressure at the central 
barometer location.
    (k) [Reserved]
    (l) Pressure of the mixture of exhaust and dilution air entering the 
CVS metering device, the pressure increase across the device, and the 
temperature at the inlet. The temperature may be recorded continuously 
or digitally to determine temperature variations.
    (m) The number of revolutions of the positive displacement pump 
accumulated during each test phase while exhaust samples are being 
collected. The number of standard cubic meters metered by a critical 
flow venturi during each test phase would be the equivalent record for a 
CFV-CVS.
    (n) The humidity of the dilution air.
    Note: If conditioning columns are not used (see Sec. Sec. 86.522 
and 86.544) this measurement can be deleted. If the conditioning columns 
are used and the dilution air is taken from the test cell, the ambient 
humidity can be used for this measurement.
    (o) The driving distance for each of the three phases of test, 
calculated from the measured roll or shaft revolutions.
    (p) Additional required records for methanol-fueled vehicles:
    (1) Specification of the methanol fuel, or fuel mixtures, used 
during testing.
    (2) Volume of sample passed through the methanol sampling system and 
the volume of deionized water in each impinger.
    (3) The methanol calibration information from the GC standards.
    (4) The concentration of the GC analyses of the test samples 
(methanol).
    (5) Volume of sample passed through the formaldehyde sampling 
system.
    (6) The formaldehyde calibration information from the HPLC 
standards.
    (7) The concentration of the HPLC analysis of the test sample 
(formaldehyde).
    (q) Additional required records for natural gas-fueled vehicles. 
Composition, including all carbon containing compounds; e.g. 
CO2, of the natural gas-fuel used during the test. 
C1 and C2 compounds shall be individually 
reported. C3 and heavier hydrocarbons and C6 and 
heavier compounds may be reported as a group.
    (r) Additional required records for liquefied petroleum gas-fueled 
vehicles. Composition of the liquefied petroleum gas-fuel used during 
the test. Each hydrocarbon compound present, through C4 
compounds, shall be individually reported. C5 and heavier 
hydrocarbons may be reported as a group.

[54 FR 14553, Apr. 11, 1989, as amended at 59 FR 48515, Sept. 21, 1994; 
60 FR 34357, June 30, 1995]



Sec. 86.544-90  Calculations; exhaust emissions.

    The final reported test results, with oxides of nitrogen being 
optional for model years prior to 2006 and required for 2006 and later 
model years, shall be computed by use of the following formula: (The 
results of all emission tests shall be rounded, in accordance with ASTM 
E29-93a (incorporated by reference in Sec. 86.1), to the number of 
places to the right of the decimal point indicated by expressing the 
applicable standard to three significant figures.)
[GRAPHIC] [TIFF OMITTED] TR06OC93.109


Where:
    (1) Ywm = Weighted mass emissions of CO2Or of 
each pollutant (i.e., HC, CO, or NOX) in grams per vehicle 
kilometer and if appropriate, the weighted carbon mass equivalent of 
total hydrocarbon equivalent, in grams per vehicle kilometer.
    (2) Yct = Mass emissions as calculated from the 
``transient'' phase of the cold-start test, in grams per test phase.
    (3) Yht = Mass emissions as calculated from the 
``transient'' phase of the hot-start test, in grams per test phase.
    (4) Ys = Mass emissions as calculated from the 
``stabilized'' phase of the cold-start test, in grams per test phase.
    (5) Dct = The measured driving distance from the 
``transient'' phase of the cold-start test, in kilometers.

[[Page 783]]

    (6) Dht = The measured driving distance from the 
``transient'' phase of the hot-start test, in kilometers.
    (7) Ds = The measured driving distance from the 
``stabilized'' phase of the cold-start test, in kilometers.
    (b) The mass of each pollutant for each phase of both the cold-start 
test and the hot-start test is determined from the following:
    (1) Hydrocarbon mass:

HCmass = Vmix x DensityHC x 
    (HCconc/1,000,000)

    (2) Oxides of nitrogen mass:

NOxmass = Vmix x DensityNO2 x 
    KH x (NOxconc/1,000,000)

    (3) Carbon monoxide mass:

COmass = Vmix x DensityCO x 
    (COconc/1,000,000)

    (4) Carbon dioxide mass:

CO2mass = Vmix x DensityCO2 x 
    (CO2conc/100)

    (5) Methanol mass:

CH3OHmass = Vmix x 
    DensityCH3OH x (CH3OHconc/
    1,000,000)

    (6) Formaldehyde mass:

HCHOmass = Vmix x DensityHCHO 
    x(HCHOconc/1,000,000)

    (7) Total hydrocarbon equivalent:
    (i) THCE = HCmass + 13.8756/32.042 x 
(CH3OH)mass + 13.8756/30.0262 x 
(HCHO)mass
    (c) Meaning of symbols:
    (1)(i) HCmass = Hydrocarbon emissions, in grams per test 
phase.
    (ii) DensityHC=Density of HC in exhaust gas.
    (A) For gasoline-fuel; DensityHC=576.8 g/m\3\-carbon atom 
(16.33 g/ft\3\-carbon atom), assuming an average carbon to hydrogen 
ratio of 1:1.85, at 20 [deg]C (68 [deg]F) and 101.3 kPa (760 mm Hg) 
pressure.
    (B) For natural gas and liquefied petroleum gas-fuel; 
DensityHC=41.57(12.011+H/C(1.008)) g/m\3\-carbon atom 
(1.1771(12.011+H/C(1.008)) g/ft\3\-carbon atom) where H/C is the 
hydrogen to carbon ratio of the hydrocarbon components of test fuel, at 
20 [deg]C (68 [deg]F) and 101.3 kPa (760mm Hg) pressure.
    (iii)(A) HCconc = Hydrocarbon concentration of the dilute 
exhaust sample corrected for background, in ppm carbon equivalent, i.e., 
equivalent propanex3.
    (B) HCconc = HCe - HCd(1 - (1/DF))

Where:
    (iv)(A) HCe = Hydrocarbon concentrations of the dilute 
exhaust sample as measured, in ppm carbon equivalent (propane ppmx3).
    (B) HCe = FIDHCe - (r)CCH3OHe
    (v) FID HCe=Concentration of hydrocarbon (plus methanol 
if methanol-fueled motorcycle is tested) in dilute exhaust as measured 
by the FID ppm carbon equivalent.
    (vi) r = FID response to methanol.
    (vii) CCH30He = Concentration of methanol in dilute 
exhaust as determined from the dilute exhaust methanol sample, ppm 
carbon.
    (viii)(A) HCd = Hydrocarbon concentration of the dilution 
air as measured, ppm carbon equivalent.
    (B) HCd = FID HCd - (r)CCH30Hd
    (ix) FID HCd=Concentration of hydrocarbon (plus methanol 
if methanol-fueled motorcycle is tested) in dilution air as measured by 
the FID, ppm carbon equivalent.
    (x) CCH3OHd = Concentration of methanol in dilution air 
as determined from dilution air methanol sample, ppm carbon.
    (2)(i) NOxmass = Oxides of nitrogen emissions, grams per 
test phase.
    (ii) DensityN02 = Density of oxides of nitrogen in the 
exhaust gas, assuming they are in the form of nitrogen dioxide, 1913 g/
m\3\ (54.16 g/ft\3\), at 20 [deg]C (68 [deg]F) and 101.3 kPa (760 mm Hg) 
pressure.
    (iii)(A) NOxconc = Oxides of nitrogen concentration of 
the dilute exhaust sample corrected for background, ppm.
    (B) NOxconc = NOxe - NOxd(1 - (1/
DF))

Where:
    (iv) NOxe = Oxides of nitrogen concentration of the 
dilute exhaust sample as measured, ppm.
    (v) NOxd = Oxides of nitrogen concentration of the 
dilution air as measured, ppm.
    (3)(i) COmass = Carbon monoxide emissions, in grams per 
test phase.
    (ii) DensityCO = Density of carbon monoxide, 1164 g/m\3\ 
(32.97 g/ft\3\), at 20 [deg]C (68 [deg]F) and 101.3 kPa (760 mm Hg) 
pressure.
    (iii)(A) COconc = Carbon monoxide concentration of the 
dilute exhaust sample corrected for background, water vapor, and 
CO2 extraction, ppm.
    (B) COconc = COe - COd(1 - (1/DF))

Where:

[[Page 784]]

    (iv)(A) COe = Carbon monoxide concentration of the dilute 
exhaust sample volume corrected for water vapor and carbon dioxide 
extraction, in ppm.
    (B) COe = (1 - 0.01925CO2e - 
0.000323R)COem for gasoline-fueled vehicles with hydrogen to 
carbon ratio of 1.85:1
    (C) COe=[1 - (0.01+0.005HCR) CO2e - 
0.000323R]COem for methanol-fueled, natural gas-fueled or 
liquefied petroleum gas-fueled motorcycles, where HCR is hydrogen to 
carbon ratio as measured for the fuel used.
    (v) COem = Carbon monoxide concentration of the dilute 
exhaust sample as measured, ppm
    (vi) CO2e = Carbon dioxide concentration of the dilute 
exhaust sample, pct.
    (vii) R = Relative humidity of the dilution air, pct (see Sec. 
86.542(n)).
    (viii)(A) COd = Carbon monoxide concentration of the 
dilution air corrected for water vapor extraction, ppm.
    (B) COd = (1 - 0.000323R)COdm

Where:
    (ix) COdm = Carbon monoxide concentration of the dilution 
air sample as measured, ppm.

    Note: If a CO instrument which meets the criteria specified in Sec. 
86.511 is used and the conditioning column has been deleted, 
COem can be substituted directly for COe and 
COdm must be substituted directly for COd.

    (4)(i) CO2mass = Carbon dioxide emissions, grams per test 
phase.
    (ii) DensityC02 = Density of carbon dioxide, 1830 g/m\3\ 
(51.81 g/ft\3\), at 20 [deg]C (68 [deg]F) and 101.3 kPa (760 mm Hg) 
pressure.
    (iii)(A) CO2conc = carbon dioxide concentration of the 
dilute exhaust sample corrected for background, in percent.
    (B) CO2conc = CO2e - CO2d(1 - 1/DF)

Where:
    (iv) CO2d = Carbon dioxide concentration of the dilution 
air as measured, in percent.
    (5)(i) CH3OHmass = Methanol emissions 
corrected for background, grams per test phase.
    (ii) DensityCH3OH = Density of methanol is 1332 g/m\3\ 
(37.71 g/ft\3\), at 20 [deg]C (68 [deg]F) and 101.3 kPa (760 mm Hg) 
pressure.
    (iii)(A) CH3OHconc = Methanol concentration of 
the dilute exhaust corrected for background, ppm.
    (B) CH3OHconc = CCH3OHe - 
CCH3OHd(1 - (1/DF))

Where:
    (iv)(A) CCH3OHe=Methanol concentration in the dilute 
exhaust, ppm.
    (B)
    [GRAPHIC] [TIFF OMITTED] TR30JN95.022
    
    (v)(A) CCH3OHd=Methanol concentration in the dilution 
air, ppm.
    (B)
    [GRAPHIC] [TIFF OMITTED] TR30JN95.023
    
    (vi) TEM=Temperature of methanol sample withdrawn from 
dilute exhaust, [deg]R.
    (vii) TDM=Temperature of methanol sample withdrawn from 
dilution air, [deg]R.
    (viii) PB=Barometric pressure during test, mm Hg.
    (ix) VEM=Volume of methanol sample withdrawn from dilute 
exhaust, ft\3\.
    (x) VDM=Volume of methanol sample withdrawn from dilution 
air, ft\3\.
    (xi) Cs=GC concentration of sample drawn from dilute 
exhaust, [micro]g/ml.
    (xii) CD=GC concentration of sample drawn from dilution 
air, [micro]g/ml.

[[Page 785]]

    (xiii) AVs=Volume of absorbing reagent (deionized water) 
in impinger through which methanol sample from dilute exhaust is drawn, 
ml.
    (xiv) AVD=Volume of absorbing reagent (deionized water) 
in impinger through which methanol sample from dilution air is drawn, 
ml.
    (xv) 1=first impinger.
    (xvi) 2=second impinger.
    (6)(i) HCHOmass = Formaldehyde emissions corrected for 
background, grams per test phase.
    (ii) DensityHCHO = Density of formaldehyde is 1249 g/m\3\ 
(35.36 g/ft\3\), at 20 [deg]C (68 [deg]F) and 101.3 kPa (760 mm Hg) 
pressure.
    (iii)(A) HCHOconc = Formaldehyde concentration of the 
dilute exhaust corrected for background, ppm.
    (B) HCHOconc = CHCHOe - CHCHOd (1 - 
(1/DF))
    Where:
    (iv)(A) CHCHOe = Formaldehyde concentration in dilute 
exhaust, ppm.
    (B)
    [GRAPHIC] [TIFF OMITTED] TR06OC93.203
    
    (v)(A) CHCHOd = Formaldehyde concentration in dilution 
air, ppm.
    (B)
    [GRAPHIC] [TIFF OMITTED] TR06OC93.202
    
    (vi) CFDE = Concentration of DNPH derivative of 
formaldehyde from dilute exhaust sample in sampling solution, [micro]g/
ml.
    (vii) VAE = Volume of sampling solution for dilute 
exhaust formaldehyde sample, ml.
    (viii)(A) Q = Ratio of molecular weights of formaldehyde to its DNPH 
derivative.
    (B) Q = 0.1429
    (ix) TEF = Temperature of formaldehyde sample withdrawn 
from dilute exhaust, [deg]R.
    (x) VSE = Volume of formaldehyde sample withdrawn from 
dilute exhaust, ft\3\.
    (xi) PB = Barometric pressure during test, mm Hg.
    (xii) CFDA = Concentration of DNPH derivative of 
formaldehyde from dilution air sample in sampling solution, [micro]g/ml.
    (xiii) VAA = Volume of sampling solution for dilution air 
formaldehyde sample, ml.
    (xiv) TDF = Temperature of formaldehyde sample withdrawn 
from dilution air, [deg]R.
    (xv) VSA = Volume of formaldehyde sample withdrawn from 
dilution air, ft\3\.
    (7)(i) DF = 13.4/[CO2e + (HCe = 
COe)10-4] for gasoline-fueled vehicles.
    (ii) For methanol-fueled, natural gas-fueled or liquefied petroleum 
gas-fueled motorcycles, where fuel composition is Cx 
Hy Oz as measured, or calculated, for the fuel 
used (for natural gas and liquefied petroleum gas-fuel, Z=0):

[[Page 786]]

[GRAPHIC] [TIFF OMITTED] TR30JN95.024

    (iii)(A) Vmix = Total dilute exhaust volume in cubic 
meters per test phase corrected to standard conditions (293 [deg]K (528 
[deg]R) and 101.3 kPa (760 mm Hg)).
    (B)
    [GRAPHIC] [TIFF OMITTED] TR06OC93.235
    

Where:
    (iv) Vo = Volume of gas pumped by the positive 
displacement pump, in cubic meters per revolution. This volume is 
dependent on the pressure differential across the positive displacement 
pump. (See calibration techniques in Sec. 86.519.)
    (v) N = Number of revolutions of the positive displacement pump 
during the test phase while samples are being collected.
    (vi) PB = Barometric pressure, kPa.
    (vii) Pi = Pressure depression below atmospheric measured 
at the inlet to the positive displacement pump, kPa.
    (viii) Tp = Average temperature of dilute exhaust 
entering positive displacement pump during test while samples are being 
collected, [deg]K.
    (ix)(A) Kh = Humidity correction factor.
    (B) Kh = 1/[1 - 0.0329(H - 10.71)]

Where:
    (x)(A) H = Absolute humidity in grams of water per kilogram of dry 
air.
    (B) H = [(6.211)Ra x Pd]/[PB - 
(Pd x Ra/100)]
    (xi) Ra = Relative humidity of the ambient air, pct.
    (xii) Pd = Saturated vapor pressure, in kPa at the 
ambient dry bulb temperature.
    (xiii) PB = Barometric pressure, kPa.
    (d) Sample calculation of mass emission values for gasoline-fueled 
vehicles with engine displacements equal to or greater than 170 cc (10.4 
cu. in.):
    (1) For the ``transient'' phase of the cold-start test, assume 
Vo = 0.0077934 m\3\ per rev; N = 12,115; R = 20.5 pct; 
Ra = 20.5 pct; PB = 99.05 kPa; Pd = 
3.382 kPa; Pi = 9.851 kPa; Tp = 309.8 [deg]K; 
HCe = 249.75 ppm carbon equivalent; NOxe = 38.30 
ppm; COem = 311.23 ppm; CO2e = 0.415 percent; 
HCd = 4.90 ppm; NOxd = 0.30 ppm; COdm = 
8.13 ppm; CO2d = 0.037 pct; Dct = 5.650 km.

Then:
    (i) Vmix = [(0.0077934)(12,115)(99.05-9.851)(293.15)]/ 
[(101.325)(309.8)] = 78.651 m\3\ per test phase.
    (ii) H = [(6.211)(20.5)(3.382)]/[(99.05) - (3.382)(20.5/100)] = 
4.378 grams H2O per kg dry air.
    (iii) Kh = 1/[1 - 0.0329(4.378 - 10.71)] = 0 8276
    (iv) COe = [1 - 0.01925(0.415) - 0.000323 (20.5)](311.23) 
= 306.68 ppm.
    (v) COd = [1 - 0.000323(20.5)](8.13) = 8.08 ppm.
    (vi) DF = 13.4/[0.415 + (249.75 + 306.68)10-4] = 28.472
    (vii) HCconc = 249.75 - 4.90(1 - 1/28.472) = 245.02 ppm.
    (viii) HCmass = (78.651) (576.8) (245.02) 10-6 
= 11.114 grams per test phase.
    (ix) NOxconc = 38.30 - 0.30(1 - 1/28.472) = 38.01 ppm.
    (x) NOxmass = (78.651)(1913)(38.01)(0.8276) x 
10-6 = 4.733 grams per test phase.
    (xi) COconc = 306.68 - 8.08 (1 - 1/28.472) = 298.88 ppm.
    (xii) COmass = (78.651) (1164) (298.88) (10-6) 
= 27.362 grams per test phase.
    (xiii) CO2conc = 0.415 - 0.037 (1 - 1/28.472) = 0.3793 
percent.
    (xiv) CO2mass = (78.651)(1843)(0.3793)/100 = 549.81 grams 
per test phase.
    (2) For the ``stabilized'' portion of the cold-start test, assume 
that similar calculations resulted in HCmass = 7.184 grams 
per test phase; NOxmass = 2.154 grams per test phase; 
COmass = 64.541 grams per test phase; and CO2mass 
= 529.52 grams per test phase. Ds = 6.070 km.
    (3) For the ``transient'' portion of the hot-start test, assume that 
similar calculations resulted in HCmass = 6.122 grams per 
test phase; NOxmass = 7.056

[[Page 787]]

grams per test phase; COmass = 34.964 grams per test phase; 
and CO2mass = 480.93 grams per test phase. Dht = 
5.660 km.
    (4) For a 1978 motorcycle with an engine displacement equal to or 
greater than 170 cc (10.4 cu. in):
    (i) HCwm = 0.43 [(11.114 + 7.184)/(5.650 + 6.070)] + 0.57 
[(6.122 + 7.184)/(5.660 + 6.070)] = 1.318 grams per vehicle kilometer.
    (ii) NOxwm = 0.43 [(4.733 = 2.154)/(5.650 = 6.070)] = 
0.57 [(7.056 = 2.154)/(5.660 = 6.070)] = 0.700 gram per vehicle 
kilometer.
    (iii) COwm = 0.43 [(27.362 + 64.541)/(5.650 + 6.070)] + 
0.57 [(34.964 + 64.541)/(5.660 + 6.070)] = 8.207 grams per vehicle 
kilometer.
    (iv) CO2wm = 0.43 [(549.81 + 529.52)/(5.650 + 6.070)] + 
0.57 [(480.93 + 529.52)/(5.660 + 6.070)] = 88.701 grams per vehicle 
kilometer.

[54 FR 14553, Apr. 11, 1989, as amended at 59 FR 48515, Sept. 21, 1994; 
60 FR 34358, June 30, 1995; 69 FR 2441, Jan. 15, 2004]


[[Page 789]]



                              FINDING AIDS




  --------------------------------------------------------------------

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected

[[Page 791]]



                    Table of CFR Titles and Chapters




                      (Revised as of July 1, 2009)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
        IV  Miscellaneous Agencies (Parts 400--500)

                    Title 2--Grants and Agreements

            Subtitle A--Office of Management and Budget Guidance 
                for Grants and Agreements
         I  Office of Management and Budget Governmentwide 
                Guidance for Grants and Agreements (Parts 100--
                199)
        II  Office of Management and Budget Circulars and Guidance 
                (200--299)
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements
       III  Department of Health and Human Services (Parts 300-- 
                399)
        VI  Department of State (Parts 600--699)
      VIII  Department of Veterans Affairs (Parts 800--899)
        IX  Department of Energy (Parts 900--999)
        XI  Department of Defense (Parts 1100--1199)
       XII  Department of Transportation (Parts 1200--1299)
      XIII  Department of Commerce (Parts 1300--1399)
       XIV  Department of the Interior (Parts 1400--1499)
        XV  Environmental Protection Agency (Parts 1500--1599)
     XVIII  National Aeronautics and Space Administration (Parts 
                1880--1899)
      XXII  Corporation for National and Community Service (Parts 
                2200--2299)
     XXIII  Social Security Administration (Parts 2300--2399)
      XXIV  Housing and Urban Development (Parts 2400--2499)
       XXV  National Science Foundation (Parts 2500--2599)
      XXVI  National Archives and Records Administration (Parts 
                2600--2699)
     XXVII  Small Business Administration (Parts 2700--2799)
    XXVIII  Department of Justice (Parts 2800--2899)
      XXXI  Institute of Museum and Library Services (Parts 3100--
                3199)
     XXXII  National Endowment for the Arts (Parts 3200--3299)
    XXXIII  National Endowment for the Humanities (Parts 3300--
                3399)

[[Page 792]]

      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
    XXXVII  Peace Corps (Parts 3700--3799)

                Title 3--The PresidentCHAPNO

            Presidential Documents
         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--99)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Parts 2100--2199)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
        XV  Office of Administration, Executive Office of the 
                President (Parts 2500--2599)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Parts 3200--
                3299)
     XXIII  Department of Energy (Parts 3300--3399)
      XXIV  Federal Energy Regulatory Commission (Parts 3400--
                3499)
       XXV  Department of the Interior (Parts 3500--3599)
      XXVI  Department of Defense (Parts 3600-- 3699)
    XXVIII  Department of Justice (Parts 3800--3899)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Parts 4300--
                4399)
      XXXV  Office of Personnel Management (Parts 4500--4599)
        XL  Interstate Commerce Commission (Parts 5000--5099)
       XLI  Commodity Futures Trading Commission (Parts 5100--
                5199)
      XLII  Department of Labor (Parts 5200--5299)
     XLIII  National Science Foundation (Parts 5300--5399)
       XLV  Department of Health and Human Services (Parts 5500--
                5599)

[[Page 793]]

      XLVI  Postal Rate Commission (Parts 5600--5699)
     XLVII  Federal Trade Commission (Parts 5700--5799)
    XLVIII  Nuclear Regulatory Commission (Parts 5800--5899)
         L  Department of Transportation (Parts 6000--6099)
       LII  Export-Import Bank of the United States (Parts 6200--
                6299)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Parts 6400--6499)
        LV  National Endowment for the Arts (Parts 6500--6599)
       LVI  National Endowment for the Humanities (Parts 6600--
                6699)
      LVII  General Services Administration (Parts 6700--6799)
     LVIII  Board of Governors of the Federal Reserve System 
                (Parts 6800--6899)
       LIX  National Aeronautics and Space Administration (Parts 
                6900--6999)
        LX  United States Postal Service (Parts 7000--7099)
       LXI  National Labor Relations Board (Parts 7100--7199)
      LXII  Equal Employment Opportunity Commission (Parts 7200--
                7299)
     LXIII  Inter-American Foundation (Parts 7300--7399)
      LXIV  Merit Systems Protection Board (Parts 7400--7499)
       LXV  Department of Housing and Urban Development (Parts 
                7500--7599)
      LXVI  National Archives and Records Administration (Parts 
                7600--7699)
     LXVII  Institute of Museum and Library Services (Parts 7700--
                7799)
    LXVIII  Commission on Civil Rights (Parts 7800--7899)
      LXIX  Tennessee Valley Authority (Parts 7900--7999)
      LXXI  Consumer Product Safety Commission (Parts 8100--8199)
    LXXIII  Department of Agriculture (Parts 8300--8399)
     LXXIV  Federal Mine Safety and Health Review Commission 
                (Parts 8400--8499)
     LXXVI  Federal Retirement Thrift Investment Board (Parts 
                8600--8699)
    LXXVII  Office of Management and Budget (Parts 8700--8799)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
      XCIX  Department of Defense Human Resources Management and 
                Labor Relations Systems (Department of Defense--
                Office of Personnel Management) (Parts 9900--9999)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 0--99)

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)

[[Page 794]]

            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Nutrition Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Grain Inspection, Packers and Stockyards 
                Administration (Federal Grain Inspection Service), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
        XX  Local Television Loan Guarantee Board (Parts 2200--
                2299)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy Policy and New Uses, Department of 
                Agriculture (Parts 2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)

[[Page 795]]

     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  Cooperative State Research, Education, and Extension 
                Service, Department of Agriculture (Parts 3400--
                3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)
         L  Rural Business-Cooperative Service, Rurual Housing 
                Service, and Rural Utilities Service, Department 
                of Agriculture (Parts 5000--5099)

                    Title 8--Aliens and Nationality

         I  Department of Homeland Security (Immigration and 
                Naturalization) (Parts 1--499)
         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1399)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Department of 
                Agriculture (Parts 300--599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
      XIII  Nuclear Waste Technical Review Board (Parts 1303--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Parts 1800--1899)

[[Page 796]]

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)
        II  Election Assistance Commission (Parts9400--9499)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XII  Federal Housing Finance Agency (Parts 1200--1299)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700--1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)
        IV  Emergency Steel Guarantee Loan Board (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board (Parts 
                500--599)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--499)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

[[Page 797]]

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Industry and Security, Department of 
                Commerce (Parts 700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  Technology Administration, Department of Commerce 
                (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399)

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)

[[Page 798]]

      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  Bureau of Customs and Border Protection, Department of 
                Homeland Security; Department of the Treasury 
                (Parts 0--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Bureau of Immigration and Customs Enforcement, 
                Department of Homeland Security (Parts 400--599)

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Employment Standards Administration, Department of 
                Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  Broadcasting Board of Governors (Parts 500--599)
       VII  Overseas Private Investment Corporation (Parts 700--
                799)
        IX  Foreign Service Grievance Board (Parts 900--999)

[[Page 799]]

         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Millenium Challenge Corporation (Parts 1300--1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                HousingCommissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
        IV  Office of Housing and Office of Multifamily Housing 
                Assistance Restructuring, Department of Housing 
                and Urban Development (Parts 400--499)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)

[[Page 800]]

      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--1699)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--799)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900)
        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department of the Interior (Parts 1000--1199)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Parts 1200--1299)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--899)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury (Parts 1--399)
        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice (Parts 400--699)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--299)

[[Page 801]]

       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)
      VIII  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts 900--999)
        XI  Department of Justice and Department of State (Parts 
                1100--1199)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Employee Benefits Security Administration, Department 
                of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Minerals Management Service, Department of the 
                Interior (Parts 200--299)
       III  Board of Surface Mining and Reclamation Appeals, 
                Department of the Interior (Parts 300--399)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)

[[Page 802]]

       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance
         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of International Investment, Department of the 
                Treasury (Parts 800--899)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
      XVII  Office of the Director of National Intelligence (Parts 
                1700--1799)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Corps of Engineers, Department of the Army (Parts 
                200--399)

[[Page 803]]

        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Vocational and Adult Education, Department 
                of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599)
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvmeent, 
                Department of Education [Reserved]
        XI  National Institute for Literacy (Parts 1100--1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

                          Title 35 [Reserved]

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
        VI  [Reserved]
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
         X  Presidio Trust (Parts 1000--1099)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
        XV  Oklahoma City National Memorial Trust (Parts 1500--
                1599)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

[[Page 804]]

             Title 37--Patents, Trademarks, and Copyrights

         I  United States Patent and Trademark Office, Department 
                of Commerce (Parts 1--199)
        II  Copyright Office, Library of Congress (Parts 200--299)
       III  Copyright Royalty Board, Library of Congress (Parts 
                301--399)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--499)
         V  Under Secretary for Technology, Department of Commerce 
                (Parts 500--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--99)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Regulatory Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--1099)
        IV  Environmental Protection Agency and Department of 
                Justice (Parts 1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)
       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)

          Title 41--Public Contracts and Property Management

            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 61-1--61-999)
            Chapters 62--100 [Reserved]
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       102  Federal Management Regulation (Parts 102-1--102-299)
            Chapters 103--104 [Reserved]
       105  General Services Administration (Parts 105-1--105-999)

[[Page 805]]

       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
            Chapters 129--200 [Reserved]
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300-99)
       301  Temporary Duty (TDY) Travel Allowances (Parts 301-1--
                301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part 303-1--303-99)
       304  Payment of Travel Expenses from a Non-Federal Source 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--499)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1999)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 200--499)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10010)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency, Department of 
                Homeland Security (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

[[Page 806]]

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899) 
                [Reserved]
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Office of Human Development Services, Department of 
                Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission on Fine Arts (Parts 2100--2199)
     XXIII  Arctic Research Commission (Part 2301)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Homeland Security (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)

[[Page 807]]

        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Defense Acquisition Regulations System, Department of 
                Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management, Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  Broadcasting Board of Governors (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        30  Department of Homeland Security, Homeland Security 
                Acquisition Regulation (HSAR) (Parts 3000--3099)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199)
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement [Reserved]

[[Page 808]]

        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        57  African Development Foundation (Parts 5700--5799)
        61  General Services Administration Board of Contract 
                Appeals (Parts 6100--6199)
        63  Department of Transportation Board of Contract Appeals 
                (Parts 6300--6399)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Pipeline and Hazardous Materials Safety 
                Administration, Department of Transportation 
                (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)
        IV  Coast Guard, Department of Homeland Security (Parts 
                400--499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board, Department of 
                Transportation (Parts 1000--1399)
        XI  Research and Innovative Technology Administration, 
                Department of Transportation [Reserved]
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1699)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)
        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)

[[Page 809]]

         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

                      CFR Index and Finding Aids

            Subject/Agency Index
            List of Agency Prepared Indexes
            Parallel Tables of Statutory Authorities and Rules
            List of CFR Titles, Chapters, Subchapters, and Parts
            Alphabetical List of Agencies Appearing in the CFR

[[Page 811]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of July 1, 2009)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Advanced Research Projects Agency                 32, I
Advisory Council on Historic Preservation         36, VIII
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department                            5, LXXIII
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  Commodity Credit Corporation                    7, XIV
  Cooperative State Research, Education, and      7, XXXIV
       Extension Service
  Economic Research Service                       7, XXXVII
  Energy, Office of                               2, IX; 7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Food and Nutrition Service                      7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Grain Inspection, Packers and Stockyards        7, VIII; 9, II
       Administration
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Procurement and Property Management, Office of  7, XXXII
  Rural Business-Cooperative Service              7, XVIII, XLII, L
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV, L
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII, L
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force Department                              32, VII
  Federal Acquisition Regulation Supplement       48, 53
Air Transportation Stabilization Board            14, VI
Alcohol and Tobacco Tax and Trade Bureau          27, I
Alcohol, Tobacco, Firearms, and Explosives,       27, II
     Bureau of
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX

[[Page 812]]

Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase From People Who Are
Broadcasting Board of Governors                   22, V
  Federal Acquisition Regulation                  48, 19
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X
Civil Rights, Commission on                       5, LXVIII; 45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce Department                               44, IV
  Census Bureau                                   15, I
  Economic Affairs, Under Secretary               37, V
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 13
  Fishery Conservation and Management             50, VI
  Foreign-Trade Zones Board                       15, IV
  Industry and Security, Bureau of                15, VII
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II
  National Marine Fisheries Service               50, II, IV, VI
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Telecommunications and Information     15, XXIII; 47, III
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office, United States      37, I
  Productivity, Technology and Innovation,        37, IV
       Assistant Secretary for
  Secretary of Commerce, Office of                15, Subtitle A
  Technology, Under Secretary for                 37, V
  Technology Administration                       15, XI
  Technology Policy, Assistant Secretary for      37, IV
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Product Safety Commission                5, LXXI; 16, II
Cooperative State Research, Education, and        7, XXXIV
     Extension Service
Copyright Office                                  37, II
Copyright Royalty Board                           37, III
Corporation for National and Community Service    2, XXII; 45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Court Services and Offender Supervision Agency    28, VIII
     for the District of Columbia
Customs and Border Protection Bureau              19, I
Defense Contract Audit Agency                     32, I
Defense Department                                5, XXVI; 32, Subtitle A; 
                                                  40, VII

[[Page 813]]

  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51
  Defense Acquisition Regulations System          48, 2
  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  Human Resources Management and Labor Relations  5, XCIX
       Systems
  National Imagery and Mapping Agency             32, I
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 2, XI; 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
District of Columbia, Court Services and          28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Under Secretary                 37, V
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
  Vocational and Adult Education, Office of       34, IV
Educational Research and Improvement, Office of   34, VII
Election Assistance Commission                    11, II
Elementary and Secondary Education, Office of     34, II
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employee Benefits Security Administration         29, XXV
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             5, XXIII; 10, II, III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Environmental Protection Agency                   2, XV; 5, LIV; 40, I, IV, 
                                                  VII
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Administration, Office of                       5, XV
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                5, III, LXXVII; 14, VI; 
                                                  48, 99

[[Page 814]]

  National Drug Control Policy, Office of         21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export-Import Bank of the United States           2, XXXV; 5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
Federal Communications Commission                 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       11, I
Federal Emergency Management Agency               44, I
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Agency                    12, XII
Federal Housing Finance Board                     12, IX
Federal Labor Relations Authority, and General    5, XIV; 22, XIV
     Counsel of the Federal Labor Relations 
     Authority
Federal Law Enforcement Training Center           31, VII
Federal Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Fishery Conservation and Management               50, VI
Food and Drug Administration                      21, I
Food and Nutrition Service                        7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II

[[Page 815]]

General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Management Regulation                   41, 102
  Federal Property Management Regulations         41, 101
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Temporary Duty (TDY) Travel Allowances          41, 301
Geological Survey                                 30, IV
Government Accountability Office                  4, I
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          2, III; 5, XLV; 45, 
                                                  Subtitle A,
  Centers for Medicare & Medicaid Services        42, IV
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Human Development Services, Office of           45, XIII
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Homeland Security, Department of                  6, I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection Bureau            19, I
  Federal Emergency Management Agency             44, I
  Human Resources Management and Labor Relations  5, XCVII
       Systems
  Immigration and Customs Enforcement Bureau      19, IV
  Immigration and Naturalization                  8, I
  Transportation Security Administration          49, XII
HOPE for Homeowners Program, Board of Directors   24, XXIV
     of
Housing and Urban Development, Department of      2, XXIV; 5, LXV; 24, 
                                                  Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring, Office of
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Human Development Services, Office of             45, XIII
Immigration and Customs Enforcement Bureau        19, IV
Immigration and Naturalization                    8, I
Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII

[[Page 816]]

Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
Industry and Security, Bureau of                  15, VII
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Interior Department
  American Indians, Office of the Special         25, VII
       Trustee
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  Minerals Management Service                     30, II
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Reclamation, Bureau of                          43, I
  Secretary of the Interior, Office of            2, XIV; 43, Subtitle A
  Surface Mining and Reclamation Appeals, Board   30, III
       of
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
International Fishing and Related Activities      50, III
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
Investment Security, Office of                    31, VIII
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice Department                                2, XXVII; 5, XXVIII; 28, 
                                                  I, XI; 40, IV
  Alcohol, Tobacco, Firearms, and Explosives,     27, II
       Bureau of
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration Review, Executive Office for        8, V
  Offices of Independent Counsel                  28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department                                  5, XLII
  Benefits Review Board                           20, VII
  Employee Benefits Security Administration       29, XXV
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V

[[Page 817]]

  Employment Standards Administration             20, VI
  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  Copyright Office                                37, II
  Copyright Royalty Board                         37, III
Local Television Loan Guarantee Board             7, XX
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II, LXIV
Micronesian Status Negotiations, Office for       32, XXVII
Millenium Challenge Corporation                   22, XIII
Mine Safety and Health Administration             30, I
Minerals Management Service                       30, II
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Morris K. Udall Scholarship and Excellence in     36, XVI
     National Environmental Policy Foundation
Museum and Library Services, Institute of         2, XXXI
National Aeronautics and Space Administration     2, XVIII; 5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National and Community Service, Corporation for   45, XII, XXV
National Archives and Records Administration      2, XXVI; 5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Capital Planning Commission              1, IV
National Commission for Employment Policy         1, IV
National Commission on Libraries and Information  45, XVII
     Science
National Council on Disability                    34, XII
National Counterintelligence Center               32, XVIII
National Credit Union Administration              12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
National Drug Control Policy, Office of           21, III
National Endowment for the Arts                   2, XXXII
National Endowment for the Humanities             2, XXXIII
National Foundation on the Arts and the           45, XI
     Humanities
National Highway Traffic Safety Administration    23, II, III; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Standards and Technology    15, II
National Intelligence, Office of Director of      32, XVII
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV, VI
National Mediation Board                          29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII

[[Page 818]]

National Science Foundation                       2, XXV; 5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI
National Security Council and Office of Science   47, II
     and Technology Policy
National Telecommunications and Information       15, XXIII; 47, III
     Administration
National Transportation Safety Board              49, VIII
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy Department                                   32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
     Commission
Nuclear Regulatory Commission                     5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Offices of Independent Counsel                    28, VI
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Patent and Trademark Office, United States        37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 45, VIII
  Human Resources Management and Labor Relations  5, XCIX
       Systems, Department of Defense
  Human Resources Management and Labor Relations  5, XCVII
       Systems, Department of Homeland Security
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Pipeline and Hazardous Materials Safety           49, I
     Administration
Postal Regulatory Commission                      5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Documents                            3
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Procurement and Property Management, Office of    7, XXXII
Productivity, Technology and Innovation,          37, IV
     Assistant Secretary
Public Contracts, Department of Labor             41, 50
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Relocation Allowances                             41, 302
Research and Innovative Technology                49, XI
     Administration
Rural Business-Cooperative Service                7, XVIII, XLII, L
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV, L
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII, L
Saint Lawrence Seaway Development Corporation     33, IV
Science and Technology Policy, Office of          32, XXIV
Science and Technology Policy, Office of, and     47, II
   National Security Council
[[Page 819]]

Secret Service                                    31, IV
Securities and Exchange Commission                17, II
Selective Service System                          32, XVI
Small Business Administration                     2, XXVII; 13, I
Smithsonian Institution                           36, V
Social Security Administration                    2, XXIII; 20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State Department                                  2, VI; 22, I; 28, XI
  Federal Acquisition Regulation                  48, 6
Surface Mining and Reclamation Appeals, Board of  30, III
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Technology Administration                         15, XI
Technology Policy, Assistant Secretary for        37, IV
Technology, Under Secretary for                   37, V
Tennessee Valley Authority                        5, LXIX; 18, XIII
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     2, XII; 5, L
  Commercial Space Transportation                 14, III
  Contract Appeals, Board of                      48, 63
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II
  Federal Motor Carrier Safety Administration     49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 49, V
  Pipeline and Hazardous Materials Safety         49, I
       Administration
  Saint Lawrence Seaway Development Corporation   33, IV
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Surface Transportation Board                    49, X
  Transportation Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Security Administration            49, XII
Transportation Statistics Bureau                  49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury Department                               5, XXI; 12, XV; 17, IV; 
                                                  31, IX
  Alcohol and Tobacco Tax and Trade Bureau        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs and Border Protection Bureau            19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Claims Collection Standards             31, IX
  Federal Law Enforcement Training Center         31, VII
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  Investment Security, Office of                  31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
  Thrift Supervision, Office of                   12, V
Truman, Harry S. Scholarship Foundation           45, XVIII
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       2, VIII; 38, I
  Federal Acquisition Regulation                  48, 8

[[Page 820]]

Veterans' Employment and Training Service,        41, 61; 20, IX
     Office of the Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Vocational and Adult Education, Office of         34, IV
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I
World Agricultural Outlook Board                  7, XXXVIII

[[Page 821]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations that were 
made by documents published in the Federal Register since January 1, 
2001, are enumerated in the following list. Entries indicate the nature 
of the changes effected. Page numbers refer to Federal Register pages. 
The user should consult the entries for chapters and parts as well as 
sections for revisions.
Title 40 was established at 36 FR 12213, June 29, 1971. For the period 
before January 1, 1986, see the ``List of CFR Sections Affected, 1964-
1972,1973-1985, and 1986-2000'' published in 10 separate volumes.

                                  2001

40 CFR
                                                                   66 FR
                                                                    Page
Chap. I
85 Authority citation revised......................................18178
85.2207 (d) revised................................................18178
85.2222 (a), (c), (d)(1) and (2) revised; (d)(4) added.............18178
85.2223 (a) revised; (b) removed...................................18179
85.2231 (d) removed................................................18179
86 Authority citation revised......................................17273
86.1 (b)(1) revised.................................................5159
86.004-2 Amended....................................................5159
86.004-28 (i) added.................................................5159
86.004-40 Introductory text revised.................................5160
86.005-10 (a)(1)(ii)(C) revised.....................................5160
86.005-17 (b) introductory text, (1) through (5) and (k) revised 
                                                                    5160
86.007-11 Introductory text, (a)(1), (2), (3), (4)(i) and (b)(3) 
        through (d) revised; (a)(4)(iv)(C), (v) and (e) through 
        (h) added...................................................5161
86.007-15 Added.....................................................5163
86.007-23 Added.....................................................5164
86.007-25 Added.....................................................5164
86.007-35 Added.....................................................5165
86.007-38 Added.....................................................5165
86.008-10 Added.....................................................5165
86.113-07 Added.....................................................5167

                                  2002

40 CFR
                                                                   66 FR
                                                                    Page
Chap. I
86 Authority citation revised......................................72825

                                  2003

40 CFR
                                                                   68 FR
                                                                    Page
Chapter I
86.1 (b)(2) table amended; (b)(5) table revised; eff. 8-18-03......35798
    (b)(2) table amended; eff. 8-26-03.............................38448
86.004-38 Introductory text and (g) revised; eff. 8-26-03..........38455
86.005-17 (h) and (j) revised; eff. 8-18-03........................35799
    Regulation at 68 FR 35792 withdrawn in part....................48561
86.007-38 Introductory text and (g) revised; eff. 8-26-03..........38455
86.094-38 (g)(21) added; eff. 8-26-03..............................38449
86.096-38 Added; eff. 8-26-03......................................38449

                                  2004

40 CFR
                                                                   69 FR
                                                                    Page
Title 40 Nomenclature change.......................................18803
Chapter I
85.2401--85.2409 (Subpart Y) Added; eff. 7-12-04...................26248
86.007-35 (c) revised; eff. 8-30-04................................39212
86.007-38 (i) revised; eff. 8-30-04................................39212
86.401-2006 Added...................................................2435
86.402-98 Amended...................................................2435
86.407-78 Revised...................................................2435
86.410-2006 Added...................................................2436
86.416-80 (a)(2)(viii) and (f) added; (b) introductory text 
        revised.....................................................2436
86.419-2006 Added...................................................2437
86.445-2006 Added...................................................2437

[[Page 822]]

86.446-2006 Added...................................................2437
86.447-2006 Added...................................................2438
86.448-2006 Added...................................................2438
86.449 Added........................................................2439
86.505-2004 Added...................................................2440
86.513-2004 Added...................................................2441
86.515-78 (d) added.................................................2441
86.544-90 Introductory text revised.................................2441

                                  2005

40 CFR
                                                                   70 FR
                                                                    Page
Chapter I
85.1502 (a)(14) revised............................................40430
85.1503 Heading revised; (c), (d) and (e) added....................40430
85.1513 (d) revised................................................40430
85.1515 (c)(1) and (2) revised.....................................40430
85.1713 Added......................................................40430
85.2111 Introductory text revised; (d) added.......................40432
86.1 (b)(1) table amended; (b)(6) added; eff. 8-15-05..............34619
86.004-16 (d) revised..............................................40432
86.004-26 (c)(4) revised...........................................40432
86.005-10 (a)(5) added.............................................72927
86.005-17 (h)(3) added; (j) revised................................75410
86.007-11 (a)(4)(vi) added; eff. 8-15-05...........................34619
    (a)(2) and (3)(i) revised; (g)(6) added........................40432
86.007-21 (o) revised..............................................40433
86.007-35 (c) revised..............................................40433
86.008-10 First section removed....................................40433
86.084-2 Amended...................................................40433
86.095-35 (a)(3)(iii)(B) revised...................................40433
86.096-38 (g)(19)(iii) revised.....................................40433
86.098-35 (j) added................................................72927
86.117-96 (c)(1)(vii) revised......................................72927
86.121-90 (d) introductory text revised............................40433
86.132-96 (n) added................................................72927
86.134-96 (g)(3) added.............................................72927
86.135-90 (i) revised..............................................72927
86.144-94 (c)(8)(vi) revised.......................................40434
86.152-98 (b) revised..............................................72927
86.153-98 (d) introductory text and (e)(2) revised.................72927
86.158-00 Introductory text revised................................40434
86.159-00 (f)(2)(ix) revised.......................................40434
    (b)(8) revised.................................................72928
86.160-00 (a) amended; (c)(10), (12), (d)(10) and (13) revised.....40434
    (b)(8) revised.................................................72928
86.161-00 (b)(1) revised...........................................40434
86.164-00 (c)(1)(i) introductory text revised......................40434
86.410-2006 (e)(3) added...........................................40434
86.413-2006 Added..................................................40434
86.447-2006 Added..................................................40435
86.448-2006 Added..................................................40436
86.513-2004 (a)(1) Table 1 revised.................................40437

                                  2006

40 CFR
                                                                   71 FR
                                                                    Page
Chapter I
85.2401 (a)(6), (11) and (12) revised; (a)(13) added...............39184
85.2403 (a) amended; (b)(8) and (9) revised; (b)(10) and (11) 
        added......................................................39184
85.2405 (e) added..................................................39184
86.1 (b)(1) table amended..........................................77919
86.004-28 (c)(4)(iii)(B)(iv) redesignated as (c)(4)(iii)(B)(4); 
        (c)(4)(iii)(B)(1) and (2) revised..........................51486
86.007-11 (a)(2)(v) revised........................................51486
86.007-21 (q) added................................................51487
86.007-35 (j) added................................................51487
86.084-40 Removed..................................................51486
86.085-1 Removed...................................................51486
86.085-13 Removed..................................................51486
86.088-10 Removed..................................................51486
86.090-1 Removed...................................................51486
86.090-9 Removed...................................................51486
86.090-14 Removed..................................................51486
86.090-21 Removed..................................................51486
86.090-22 Removed..................................................51486
86.090-24 Removed..................................................51486
86.090-25 Removed..................................................51486
86.090-26 Removed..................................................51486
86.091-9 Removed...................................................51486
86.091-11 Removed..................................................51486
86.091-15 Removed..................................................51486
86.091-21 Removed..................................................51486
86.091-23 Removed..................................................51486
86.091-28 Removed..................................................51486
86.091-30 Removed..................................................51486
86.091-35 Removed..................................................51486
86.092-1 Removed...................................................51486
86.092-14 Removed..................................................51486
86.092-15 Removed..................................................51486
86.092-23 Removed..................................................51486
86.092-24 Removed..................................................51486

[[Page 823]]

86.092-26 Removed..................................................51486
86.092-35 Removed..................................................51486
86.093-11 Removed..................................................51486
86.093-35 Removed..................................................51486
86.094-8 Removed...................................................51486
86.094-11 Removed..................................................51486
86.094-24 Removed..................................................51486
86.094-35 Removed..................................................51486
86.094-38 Removed..................................................51486
86.095-24 Removed..................................................51486
86.106-90 Removed..................................................51487
86.106-94 Removed..................................................51487
86.107-90 Removed..................................................51487
86.109-90 Removed..................................................51487
86.113-91 Removed..................................................51487
86.114-79 Removed..................................................51487
86.116-90 Removed..................................................51487
86.117-90 Removed..................................................51487
86.120-82 Removed..................................................51487
86.121-82 Removed..................................................51487
86.127-90 Removed..................................................51487
86.127-94 Removed..................................................51487
86.130-78 Removed..................................................51487
86.131-90 Removed..................................................51487
86.132-90 Removed..................................................51487
86.133-90 Removed..................................................51487
86.138-90 Removed..................................................51487
86.140-82 Removed..................................................51487
86.140-90 Removed..................................................51487
86.143-90 Removed..................................................51487
86.144-90 Removed..................................................51487
86.158-08 Added....................................................77920
86.159-08 Added....................................................77920
86.164-08 Added....................................................77922
86.201-11 Added....................................................77922
86.205-11 Added....................................................77922
86.206-11 Added....................................................77922
86.210-08 Added....................................................77923
86.211-94 Revised..................................................77923
86.213-11 Added....................................................77923
86.230-11 Added....................................................77924
86.237-08 Added....................................................77925
86.244-94 Revised..................................................77926
86.401-90 Removed..................................................51487
86.410-80 Removed..................................................51487
86.416-80 (a)(2)(ix) added.........................................51487
86.437-78 (b)(1)(iii) added........................................51487
86.513-87 Removed..................................................51487
86.513-90 Removed..................................................51487
86.519-78 Removed..................................................51487
86.529-78 Removed..................................................51487

                                  2007

40 CFR
                                                                   72 FR
                                                                    Page
Chapter I
85.1515 (c)(2)(vii), (viii) and (8) added...........................8560
86 Technical correction.............................................6049
86.244-94 Corrected.................................................7921

                                  2008

40 CFR
                                                                   73 FR
                                                                    Page
Chapter I
85.1601--85.1606 (Subpart Q) Removed...............................59178
85.1703 (b) removed................................................59178
85.1713 Revised....................................................59178
85.1714 Added......................................................59178
85.2401 (Subpart Y) Revised........................................59178
85.2401 (a)(13) revised.............................................3612
    (a)(7) and (8) revised; eff. 7-7-08.....................25194, 37192
85.2403 (b)(11) revised.............................................3612
85.2405 (f) added...................................................3612
86.007-11 (a)(2) introductory text revised; eff. 7-7-08.....25194, 37192
86.117-96 (d)(2) amended; eff. 7-7-08.......................25194, 37192
    (d)(2) corrected...............................................38293

                                  2009

   (Regulations published from January 1, 2009, through July 1, 2009)

40 CFR
                                                                   74 FR
                                                                    Page
Chapter I
86.1 Revised........................................................8354
86.007-17 Added.....................................................8356
86.007-30 Added.....................................................8360
86.010-2 Added......................................................8369
86.010-18 Added.....................................................8369
86.010-38 Added.....................................................8408


                                  [all]