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



[[Page i]]

          

          40


          Part 86 (Sec.  86.600-1 to end of part 86)

                         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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[[Page iii]]




                            Table of Contents



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

  Title 40:
          Chapter I--Environmental Protection Agency 
          (continued)                                                3
  Finding Aids:
      Table of CFR Titles and Chapters........................     629
      Alphabetical List of Agencies Appearing in the CFR......     649
      List of CFR Sections Affected...........................     659

[[Page iv]]





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

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 40 CFR 86.601-84 
                       refers to title 40, part 
                       86, section 601-84.

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

[[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

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    To determine whether a Code volume has been amended since its 
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EFFECTIVE AND EXPIRATION DATES

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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 
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OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
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INCORPORATION BY REFERENCE

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This material, like any other properly issued regulation, has the force 
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Federal Register will approve an incorporation by reference only when 
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approval is based are:
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    (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.
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CFR INDEXES AND TABULAR GUIDES

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This index is based on a consolidation of the ``Contents'' entries in 
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the revision dates of the 50 CFR titles.




[[Page vii]]



REPUBLICATION OF MATERIAL

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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 86, Sec. 86.600-1 to end of part 86)

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

chapter i--Environmental Protection Agency (Continued)......          86

[[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
86              Control of emissions from new and in-use 
                    highway vehicles and engines............           5

[[Page 5]]



                  SUBCHAPTER C_AIR PROGRAMS (CONTINUED)



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

(CONTINUED)--Table of Contents




   Subpart G_Selective Enforcement Auditing of New Light-Duty Vehicles

Sec.
86.601-1--86.601-83 [Reserved]
86.601-84 Applicability.
86.602-84 Definitions.
86.602-98 Definitions.
86.603-88 Test orders.
86.603-98 Test orders.
86.604-84 Testing by the Administrator.
86.605-88 Maintenance of records; submittal of information.
86.605-98 Maintenance of records; submittal of information.
86.606-84 Entry and access.
86.607-84 Sample selection.
86.608-98 Test procedures.
86.609-98 Calculation and reporting of test results.
86.610-98 Compliance with acceptable quality level and passing and 
          failing criteria for Selective Enforcement Audits.
86.612-97 Suspension and revocation of certificates of conformity.
86.614-84 Hearings on suspension, revocation, and voiding of 
          certificates of conformity.
86.615-84 Treatment of confidential information.

 Subpart H_General Provisions for In-Use Emission Regulations for 1994 
     and Later Model Year Light-Duty Vehicles and Light-Duty Trucks

86.701-94 General applicability.
86.702-94 Definitions.
86.703-94 Abbreviations.
86.704-94 Section numbering; construction.
86.705-94--86.707-94 [Reserved]
86.708-94 In-use emission standards for 1994 and later model year light-
          duty vehicles.
86.708-98 In-use emission standards for 1998 and later model year light-
          duty vehicles.
86.709-94 In-use emission standards for 1994 and later model year light-
          duty trucks.
86.709-99 In-use emission standards for 1999 and later model year light-
          duty trucks.

Subpart I_Emission Regulations for New Diesel Heavy-Duty Engines; Smoke 
                         Exhaust Test Procedure

86.884-1 General applicability.
86.884-2 Definitions.
86.884-3 Abbreviations.
86.884-4 Section numbering.
86.884-5 Test procedures.
86.884-6 Fuel specifications.
86.884-7 Dynamometer operation cycle for smoke emission tests.
86.884-8 Dynamometer and engine equipment.
86.884-9 Smoke measurement system.
86.884-10 Information.
86.884-11 Instrument checks.
86.884-12 Test run.
86.884-13 Data analysis.
86.884-14 Calculations.

   Subpart J_Fees for the Motor Vehicle and Engine Compliance Program

86.901 Assessment of fees.

  Subpart K_Selective Enforcement Auditing of New Heavy-Duty Engines, 
               Heavy-Duty Vehicles, and Light-Duty Trucks

86.1001-84 Applicability.
86.1002-2001 Definitions.
86.1003-90 Test orders.
86.1003-2001 Test orders.
86.1004-84 Testing by the Administrator.
86.1005-90 Maintenance of records; submittal of information.
86.1006-84 Entry and access.
86.1007-84 Sample selection.
86.1008-2001 Test procedures.
86.1008-2004 Test procedures.
86.1009-2001 Calculation and reporting of test results.
86.1010-2001 Compliance with acceptable quality level and passing and 
          failing criteria for Selective Enforcement Audits.
86.1012-97 Suspension and revocation of certificates of conformity.
86.1014-84 Hearings on suspension, revocation and voiding of certificate 
          of conformity.
86.1014-97 Hearings on suspension, revocation and voiding of 
          certificates of conformity.
86.1015 Treatment of confidential information.

Subpart L_Nonconformance Penalties for Gasoline-Fueled and Diesel Heavy-
    Duty Engines and Heavy-Duty Vehicles, Including Light-Duty Trucks

86.1101-87 Applicability.
86.1102-87 Definitions.
86.1103-87 Criteria for availability of nonconformance penalties.
86.1104-91 Determination of upper limits.
86.1105-87 Emission standards for which nonconformance penalties are 
          available.
86.1106-87 Production compliance auditing.

[[Page 6]]

86.1107-87 Testing by the Administrator.
86.1108-87 Maintenance of records.
86.1109-87 Entry and access.
86.1110-87 Sample selection.
86.1111-87 Test procedures for PCA testing.
86.1112-87 Determining the compliance level and reporting of test 
          results.
86.1113-87 Calculation and payment of penalty.
86.1114-87 Suspension and voiding of certificates of conformity.
86.1115-87 Hearing procedures for nonconformance determinations and 
          penalties.
86.1116-87 Treatment of confidential information.

Subpart M_Evaporative Emission Test Procedures for New Gasoline-Fueled, 
 Natural Gas-Fueled, Liquefied Petroleum Gas-Fueled and Methanol-Fueled 
                           Heavy-Duty Vehicles

86.1201-90 Applicability.
86.1202-85 Definitions.
86.1203-85 Abbreviations.
86.1204 Section numbering.
86.1205-90 Introduction; structure of subpart.
86.1206-96 Equipment required; overview.
86.1207-96 Sampling and analytical system; evaporative emissions.
86.1213-08 Fuel specifications.
86.1213-94 Fuel specifications.
86.1214-85 Analytical gases.
86.1215-85 EPA heavy-duty vehicle (HDV) urban dynamometer driving 
          schedule.
86.1216-90 Calibrations; frequency and overview.
86.1217-96 Evaporative emission enclosure calibrations.
86.1218-85 Dynamometer calibration.
86.1221-90 Hydrocarbon analyzer calibration.
86.1226-85 Calibration of other equipment.
86.1227-96 Test procedures; overview.
86.1228-85 Transmissions.
86.1229-85 Dynamometer load determination and fuel temperature profile.
86.1230-96 Test sequence; general requirements.
86.1231-90 Vehicle preparation.
86.1231-96 Vehicle preparation.
86.1232-96 Vehicle preconditioning.
86.1233-96 Diurnal emission test.
86.1234-96 Running loss test.
86.1235-96 Dynamometer procedure.
86.1236-85 Engine starting and restarting.
86.1237-85 Dynamometer runs.
86.1237-96 Dynamometer runs.
86.1238-96 Hot soak test.
86.1242-90 Records required.
86.1243-96 Calculations; evaporative emissions.
86.1246-96 Fuel dispensing spitback procedure.

Subpart N_Emission Regulations for New Otto-Cycle and Diesel Heavy-Duty 
        Engines; Gaseous and Particulate Exhaust Test Procedures

86.1301 Scope; applicability.
86.1302-84 Definitions.
86.1303-84 Abbreviations.
86.1304 Section numbering; construction.
86.1305-90 Introduction; structure of subpart.
86.1305-2004 Introduction; structure of subpart.
86.1305-2010 Introduction; structure of subpart.
86.1306-07 Equipment required and specifications; overview.
86.1306-96 Equipment required and specifications; overview.
86.1308-84 Dynamometer and engine equipment specifications.
86.1309-90 Exhaust gas sampling system; Otto-cycle and non-petroleum-
          fueled engines.
86.1310-90 Exhaust gas sampling and analytical system; diesel engines.
86.1310-2007 Exhaust gas sampling and analytical system for gaseous 
          emissions from heavy-duty diesel-fueled engines and 
          particulate emissions from all engines.
86.1311-94 Exhaust gas analytical system; CVS bag sample.
86.1312-88 Weighing chamber and microgram balance specifications.
86.1312-2007 Filter stabilization and microbalance workstation 
          environmental conditions, microbalance specifications, and 
          particulate matter filter handling and weighing procedures.
86.1313-94 Fuel specifications.
86.1313-98 Fuel specifications.
86.1313-2004 Fuel specifications.
86.1313-2007 Fuel specifications.
86.1314-94 Analytical gases.
86.1316-94 Calibrations; frequency and overview.
86.1318-84 Engine dynamometer system calibrations.
86.1319-90 CVS calibration.
86.1320-90 Gas meter or flow instrumentation calibration; particulate, 
          methanol, and formaldehyde measurement.
86.1321-94 Hydrocarbon analyzer calibration.
86.1322-84 Carbon monoxide analyzer calibration.
86.1323-84 Oxides of nitrogen analyzer calibration.
86.1323-2007 Oxides of nitrogen analyzer calibration.
86.1324-84 Carbon dioxide analyzer calibration.
86.1325-94 Methane analyzer calibration.

[[Page 7]]

86.1326-90 Calibration of other equipment.
86.1327-96 Engine dynamometer test procedures; overview.
86.1327-98 Engine dynamometer test procedures; overview.
86.1330-90 Test sequence; general requirements.
86.1332-90 Engine mapping procedures.
86.1333-90 Transient test cycle generation.
86.1333-2010 Transient test cycle generation.
86.1334-84 Pre-test engine and dynamometer preparation.
86.1335-90 Cool-down procedure.
86.1336-84 Engine starting, restarting, and shutdown.
86.1337-96 Engine dynamometer test run.
86.1337-2007 Engine dynamometer test run.
86.1338-84 Emission measurement accuracy.
86.1338-2007 Emission measurement accuracy.
86.1339-90 Particulate filter handling and weighing.
86.1340-90 Exhaust sample analysis.
86.1340-94 Exhaust sample analysis.
86.1341-90 Test cycle validation criteria.
86.1341-98 Test cycle validation criteria.
86.1342-90 Calculations; exhaust emissions.
86.1342-94 Calculations; exhaust emissions.
86.1343-88 Calculations; particulate exhaust emissions.
86.1344-94 Required information.
86.1360-2007 Supplemental emission test; test cycle and procedures.
86.1362-2007 Steady-state testing with a ramped-modal cycle.
86.1362-2010 Steady-state testing with a ramped-modal cycle.
86.1363-2007 Steady-state testing with a discrete-mode cycle.
86.1370-2007 Not-To-Exceed test procedures.
86.1372-2007 Measuring smoke emissions within the NTE zone.
86.1375-2007 Equipment specifications for field testing.
86.1380-2004 Load response test.

Subpart O_Emission Regulations for New Gasoline-Fueled Otto-Cycle Light-
  Duty Vehicles and New Gasoline-Fueled Otto-Cycle Light-Duty Trucks; 
                   Certification Short Test Procedures

86.1401 Scope; applicability.
86.1402 Definitions.
86.1403 Abbreviations.
86.1404 [Reserved]
86.1405 Introduction; structure of subpart.
86.1406 Equipment required and specifications; overview.
86.1407-86.1412 [Reserved]
86.1413 Fuel specifications.
86.1414-86.1415 [Reserved]
86.1416 Calibration; frequency and overview.
86.1417-86.1421 [Reserved]
86.1422 Analyzer calibration.
86.1423-86.1426 [Reserved]
86.1427 Certification Short Test procedure; overview.
86.1428-86.1429 [Reserved]
86.1430 Certification Short Test sequence; general requirements.
86.1431 [Reserved]
86.1432 Vehicle preparation.
86.1433 [Reserved]
86.1434 Equipment preparation.
86.1435-86.1436 [Reserved]
86.1437 Test run--manufacturer.
86.1438 Test run--EPA.
86.1439 Certification Short Test emission test procedures--EPA.
86.1440-86.1441 [Reserved]
86.1442 Information required.

 Subpart P_Emission Regulations for Otto-Cycle Heavy-Duty Engines, New 
 Methanol-Fueled Natural Gas-Fueled, and Liquefied Petroleum Gas-Fueled 
 Diesel-Cycle Heavy-Duty Engines, New Otto-Cycle Light-Duty Trucks, and 
  New Methanol-Fueled Natural Gas-Fueled, and Liquefied Petroleum Gas-
       Fueled Diesel-Cycle Light-Duty Trucks; Idle Test Procedures

86.1501 Scope; applicability.
86.1502 Definitions.
86.1503 Abbreviations.
86.1505 Introduction; structure of subpart.
86.1506 Equipment required and specifications; overview.
86.1509 Exhaust gas sampling system.
86.1511 Exhaust gas analysis system.
86.1513 Fuel specifications.
86.1514 Analytical gases.
86.1516 Calibration; frequency and overview.
86.1519 CVS calibration.
86.1522 Carbon monoxide analyzer calibration.
86.1524 Carbon dioxide analyzer calibration.
86.1526 Calibration of other equipment.
86.1527 Idle test procedure; overview.
86.1530 Test sequence; general requirements.
86.1537 Idle test run.
86.1540 Idle exhaust sample analysis.
86.1542 Information required.
86.1544 Calculation; idle exhaust emissions.

 Subpart Q_Regulations for Altitude Performance Adjustments for New and 
                    In-Use Motor Vehicles and Engines

86.1601 General applicability.
86.1602 Definitions.
86.1603 General requirements.
86.1604 Conditions for disapproval.
86.1605 Information to be submitted.

[[Page 8]]

86.1606 Labeling.

  Subpart R_General Provisions for the Voluntary National Low Emission 
      Vehicle Program for Light-Duty Vehicles and Light-Duty Trucks

86.1701-99 General applicability.
86.1702-99 Definitions.
86.1703-99 Abbreviations.
86.1704-99 Section numbering; construction.
86.1705-99 General provisions; opt-in.
86.1706-99 National LEV program in effect.
86.1707-99 General provisions; opt-outs.
86.1708-99 Exhaust emission standards for 1999 and later light-duty 
          vehicles.
86.1709-99 Exhaust emission standards for 1999 and later light light-
          duty trucks.
86.1710-99 Fleet average non-methane organic gas exhaust emission 
          standards for light-duty vehicles and light light-duty trucks.
86.1711-99 Limitations on sale of Tier 1 vehicles and TLEVs.
86.1712-99 Maintenance of records; submittal of information.
86.1713-01 [Reserved]
86.1713-99 Light-duty exhaust durability programs; five percent cap.
86.1714-01 [Reserved]
86.1714-99 Small-volume manufacturers certification procedures.
86.1715-01 [Reserved]
86.1715-99 [Reserved]
86.1716-01 [Reserved]
86.1716-99 Prohibition of defeat devices.
86.1717-01 Emission control diagnostic system for 1999 and later light-
          duty vehicles and light-duty trucks.
86.1717-99 Emission control diagnostic system for 1999 and later light-
          duty vehicles and light-duty trucks.
86.1718-99--86.1720-99 [Reserved]
86.1721-01 Application for certification.
86.1721-99 Application for certification.
86.1722-01 [Reserved]
86.1722-99 [Reserved]
86.1723-01 [Reserved]
86.1723-99 Required data.
86.1724-01 Emission data vehicle selection.
86.1724-99 Test vehicles and engines.
86.1725-01 Allowable maintenance.
86.1725-99 Maintenance.
86.1726-01 [Reserved]
86.1726-99 Mileage and service accumulation; emission measurements.
86.1727-99 [Reserved]
86.1728-01 Compliance with emission standards for the purpose of 
          certification.
86.1728-99 Compliance with emission standards.
86.1729-99--86.1733-99 [Reserved]
86.1734-01 [Reserved]
86.1734-99 Alternative procedure for notification of additions and 
          changes.
86.1735-01 Labeling.
86.1735-99 Labeling.
86.1736-99--86.1769-99 [Reserved]
86.1770-99 All-Electric Range Test requirements.
86.1771-99 Fuel specifications.
86.1772-99 Road load power, test weight, and inertia weight class 
          determination.
86.1773-99 Test sequence; general requirements.
86.1774-99 Vehicle preconditioning.
86.1775-99 Exhaust sample analysis.
86.1776-99 Records required.
86.1777-99 Calculations; exhaust emissions.
86.1778-99 Calculations; particulate emissions.
86.1779-99 General enforcement provisions.
86.1780-99 Prohibited acts.

  Subpart S_General Compliance Provisions for Control of Air Pollution 
From New and In-Use Light-Duty Vehicles, Light-Duty Trucks, and Complete 
                     Otto-Cycle Heavy-Duty Vehicles

86.1801-01 Applicability.
86.1802-01 Section numbering; construction.
86.1803-01 Definitions.
86.1804-01 Acronyms and abbreviations.
86.1805-01 Useful life.
86.1805-04 Useful life.
86.1806-01 On-board diagnostics.
86.1806-04 On-board diagnostics.
86.1806-05 On-board diagnostics for vehicles less than or equal to 
          14,000 pounds GVWR.
86.1807-01 Vehicle labeling.
86.1807-07 Vehicle labeling.
86.1808-01 Maintenance instructions.
86.1808-07 Maintenance instructions.
86.1809-01 Prohibition of defeat devices.
86.1809-10 Prohibition of defeat devices.
86.1810-01 General standards; increase in emissions; unsafe conditions; 
          waivers
86.1810-09 General standards; increase in emissions; unsafe condition; 
          waivers.
86.1811-01 Emission standards for light-duty vehicles.
86.1811-04 Emission standards for light-duty vehicles, light-duty trucks 
          and medium-duty passenger vehicles.
86.1811-09 Emission standards for light-duty vehicles, light-duty trucks 
          and medium-duty passenger vehicles.
86.1811-10 Emission standards for light-duty vehicles, light-duty trucks 
          and medium-duty passenger vehicles.
86.1812-01 Emission standards for light-duty trucks 1.
86.1813-01 Emission standards for light-duty trucks 2.
86.1814-01 Emission standards for light-duty trucks 3.
86.1814-02 Emission standards for light-duty trucks 3.
86.1815-01 Emission standards for light-duty trucks 4.
86.1815-02 Emission standards for light-duty trucks 4.

[[Page 9]]

86.1816-05 Emission standards for complete heavy-duty vehicles.
86.1816-08 Emission standards for complete heavy-duty vehicles.
86.1817-05 Complete heavy-duty vehicle averaging, trading, and banking 
          program.
86.1817-08 Complete heavy-duty vehicle averaging, trading, and banking 
          program.
86.1818-86.1819 [Reserved]
86.1820-01 Durability group determination.
86.1821-01 Evaporative/refueling family determination.
86.1822-01 Durability data vehicle selection.
86.1823-01 Durability demonstration procedures for exhaust emissions.
86.1823-08 Durability demonstration procedures for exhaust emissions.
86.1824-01 Durability demonstration procedures for evaporative 
          emissions.
86.1824-07 Durability demonstration procedures for evaporative 
          emissions.
86.1824-08 Durability demonstration procedures for evaporative 
          emissions.
86.1825-01 Durability demonstration procedures for refueling emissions.
86.1825-08 Durability demonstration procedures for refueling emissions.
86.1826-01 Assigned deterioration factors for small volume manufacturers 
          and small volume test groups.
86.1827-01 Test group determination.
86.1828-01 Emission data vehicle selection.
86.1828-10 Emission data vehicle selection.
86.1829-01 Durability and emission testing. requirements; waivers.
86.1830-01 Acceptance of vehicles for emission testing.
86.1831-01 Mileage accumulation requirements for test vehicles.
86.1832-01 Optional equipment and air conditioning for test vehicles.
86.1833-01 Adjustable parameters.
86.1834-01 Allowable maintenance.
86.1835-01 Confirmatory certification testing.
86.1836-01 Manufacturer-supplied production vehicles for testing.
86.1837-01 Rounding of emission measurements.
86.1838-01 Small volume manufacturers certification procedures.
86.1839-01 Carryover of certification data.
86.1840-01 Special test procedures.
86.1841-01 Compliance with emission standards for the purpose of 
          certification.
86.1842-01 Addition of a vehicle after certification; and changes to a 
          vehicle covered by certification.
86.1843-01 General information requirements.
86.1844-01 Information requirements: Application for certification and 
          submittal of information upon request.
86.1845-01 Manufacturer in-use verification testing requirements.
86.1845-04 Manufacturer in-use verification testing requirements.
86.1846-01 Manufacturer in-use confirmatory testing requirements.
86.1847-01 Manufacturer in-use verification and in-use confirmatory 
          testing; submittal of information and maintenance of records.
86.1848-01 Certification.
86.1848-10 Certification.
86.1849-01 Right of entry.
86.1850-01 Denial, suspension or revocation of certificate of 
          conformity.
86.1851-01 Application of good engineering judgment to manufacturers' 
          decisions.
86.1852-01 Waivers for good in-use emission performance.
86.1853-01 Certification hearings.
86.1854-86.1859 [Reserved]
86.1860-04 How to comply with the Tier 2 and interim non-Tier 2 fleet 
          average NOX standards.
86.1861-04 How do the Tier 2 and interim non-Tier 2 NOX 
          averaging, banking and trading programs work?
86.1862-04 Maintenance of records and submittal of information relevant 
          to compliance with fleet average NOX standards.
86.1863-07 Optional chassis certification for diesel vehicles.
86.1864-10 How to comply with the fleet average cold temperature NMHC 
          standards.

Appendix I to Subpart S--Vehicle Procurement Methodology
Appendix II to Subpart S--As-Received Testing Vehicle Rejection Criteria
Appendix III to Subpart S--As-Received Inspection

Subpart T_Manufacturer-Run In-Use Testing Program for Heavy-Duty Diesel 
                                 Engines

86.1901 What testing requirements apply to my engines that have gone 
          into service?
86.1905 How does this program work?
86.1908 How must I select and screen my in-use engines?
86.1910 How must I prepare and test my in-use engines?
86.1912 How do I determine whether an engine meets the vehicle-pass 
          criteria?
86.1915 What are the requirements for Phase 1 and Phase 2 testing?
86.1917 How does in-use testing under this subpart relate to the 
          emission-related warranty in Section 207(a)(1) of the Clean 
          Air Act?
86.1920 What in-use testing information must I report to EPA?
86.1925 What records must I keep?
86.1930 What special provisions apply from 2005 through 2009?
86.1935 What special provisions may apply as a consequence of a delay in 
          the particulate matter accuracy margin report for portable 
          emission measurement systems?

[[Page 10]]


Appendix I to Subpart T--Sample Graphical Summary of NTE Emission 
          Results
Appendix I to Part 86--Urban Dynamometer Schedules
Appendix II to Part 86--Temperature Schedules
Appendix III to Part 86--Constant Volume Sampler Flow Calibration
Appendix IV to Part 86--Durability Driving Schedules
Appendix V to Part 86--The Standard Road Cycle (SRC)
Appendix VI to Part 86--Vehicle and Engine Components
Appendix VII to Part 86--Standard Bench Cycle (SBC)
Appendix VIII to Part 86--Aging Bench Equipment and Procedures
Appendix IX to Part 86--Experimentally Determining the R-Factor for 
          Bench Aging Durability Procedures
Appendix X to Part 86--Sampling Plans for Selective Enforcement Auditing 
          of Heavy-Duty Engines and Light-Duty Trucks
Appendix XI to Part 86--Sampling Plans for Selective Enforcement 
          Auditing of Light-Duty Vehicles
Appendix XII to Part 86--Tables for Production Compliance Auditing of 
          Heavy-Duty Engines and Heavy-Duty Vehicles, Including Light-
          Duty Trucks
Appendix XIII to Part 86--State Requirements Incorporated by Reference 
          in Part 86 of the Code of Federal Regulations
Appendix XIV to Part 86--Determination of Acceptable Durability Test 
          Schedule for Light-Duty Vehicles and Light Light-Duty Trucks 
          Certifying to the Provisions of Part 86, Subpart R
Appendix XV to Part 86--Procedure for Determining an Acceptable Exhaust 
          Regeneration Durability-Data Test Schedule for Diesel Cycle 
          Vehicles Equipped With Periodically Regenerating Trap Oxidizer 
          Systems Certifying to the Provisions of Part 86, Subpart R
Appendix XVI to Part 86--Pollutant Mass Emissions Calculation Procedure 
          for Gaseous-Fueled Vehicles and for Vehicles Equipped With 
          Periodically Regenerating Trap Oxidizer Systems Certifying to 
          the Provisions of Part 86, Subpart R
Appendix XVII to Part 86--Procedure for Determining Vehicle Emission 
          Control Technology Category/Fuel Reactivity Adjustment Factors 
          for Light-Duty Vehicles and Light Light-Duty Trucks Certifying 
          to the Provisions of Part 86, Subpart R
Appendix XVIII to Part 86--Statistical Outlier Identification Procedure 
          for Light-Duty Vehicles and Light Light-Duty Trucks Certifying 
          to the Provisions of Part 86, Subpart R

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

    Editorial Note: Nomenclature changes to part 86 appear at 60 FR 
34377, June 30, 1995.



   Subpart G_Selective Enforcement Auditing of New Light-Duty Vehicles

    Source: 41 FR 31483, July 28, 1976, unless otherwise noted.



Sec. Sec. 86.601-1--86.601-83  [Reserved]



Sec. 86.601-84  Applicability.

    For 1984 and later model year light-duty vehicles, all provisions of 
this subpart are applicable. The provisions of this subpart are not 
applicable to 1984 and later model year light-duty trucks.
    (a) Section numbering; construction. (1) The model year of initial 
applicability is indicated by the two digits following the hyphen of the 
section number. A section remains in effect for subsequent model years 
until it is superseded.
    (2) A section reference without a model year suffix shall be 
interpreted to be a reference to the section applicable to the 
appropriate model year.
    (b) References in this subpart to engine families and emission 
control systems shall be deemed to refer to durability groups and test 
groups as applicable for manufacturers certifying new light-duty 
vehicles and light-duty trucks under the provisions of subpart S of this 
part.

(Secs. 206, 208(a) and 301(a), Clean Air Act, as amended, 42 U.S.C. 
7525, 7542(a) and 7601(a))

[49 FR 69, Jan. 3, 1984. Redesignated at 54 FR 2122, Jan. 19, 1989, as 
amended at 62 FR 31234, June 6, 1997; 64 FR 23922, May 4, 1999]



Sec. 86.602-84  Definitions.

    (a) The definitions in this section apply to this subpart.
    (b) As used in this subpart, all terms not defined herein have the 
meaning given them in the Act.
    (1) Acceptable Quality Level (AQL) means the maximum percentage of 
failing vehicles that, for purposes of sampling inspection, can be 
considered satisfactory as a process average.

[[Page 11]]

    (2) Axle Ratio means all ratios within 3% of 
the axle ratio specified in the configuration in the test order.
    (3) Configuration means a subclassification of an engine-system 
combination on the basis of engine code, inertia weight class, 
transmission type and gear ratios, axle ratio, and other parameters 
which may be designated by the Administrator.
    (4) Test Sample means the collection of vehicles of the same 
configuration which have been drawn from the population of vehicles of 
that configuration and which will receive exhaust emission testing.
    (5) Inspection Criteria means the pass and fail numbers associated 
with a particular sampling plan.
    (6) Vehicle means any new production light-duty vehicle as defined 
in subpart A of this part.
    (7) Test Vehicle means a vehicle in a test sample.
    (8) In the Hands of the Manufacturer means that vehicles are still 
in the possession of the manufacturer and have not had their bills of 
lading transferred to another person for the purpose of transporting.

[49 FR 48480, Dec. 12, 1984. Redesignated at 54 FR 2122, Jan. 19, 1989]



Sec. 86.602-98  Definitions.

    Section 86.602-98 includes text that specifies requirements that 
differ from Sec. 86.602-84. Where a paragraph in Sec. 86.602-84 is 
identical and applicable to Sec. 86.602-98, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.602-84.'' Where a corresponding paragraph of 
Sec. 86.602-84 is not applicable, this is indicated by the statement 
``[Reserved].''.
    (a) through (b)(2) [Reserved]. For guidance see Sec. 86.602-84.
    (b)(3)(i) Configuration, when used for LDV exhaust emissions 
testing, means a subclassification of an engine-system combination on 
the basis of engine code, inertia weight class, transmission type and 
gear ratios, axle ratio, and other parameters which may be designated by 
the Administrator.
    (ii) Configuration, when used for LDV refueling emissions testing, 
means a subclassification of an evaporative/refueling emission family on 
the basis of evaporative and refueling control system and other 
parameters which may be designated by the Administrator.
    (4) Test sample means the collection of vehicles of the same 
configuration which have been drawn from the population of vehicles of 
that configuration and which will receive emission testing.
    (b)(5) through (b)(8) [Reserved]. For guidance see Sec. 86.602-84.
    (9) Executive Officer means the Executive Officer of the California 
Air Resources Board or his or her authorized representative.
    (10) Executive Order means the document the Executive Officer grants 
a manufacturer for an engine family that certifies the manufacturer has 
verified that the engine family complies with all applicable standards 
and requirements pursuant to Title 13 of the California Code of 
Regulations.
    (11) 50-state engine family means an engine family that meets both 
federal and California Air Resources Board motor vehicle emission 
control regulations and has received a federal certificate of conformity 
as well as an Executive Order.

[59 FR 16300, Apr. 6, 1994, as amended at 62 FR 31234, June 6, 1997]



Sec. 86.603-88  Test orders.

    (a) The Administrator will require any testing under this subpart by 
means of a test order addressed to the manufacturer.
    (b) The test order will be signed by the Assistant Administrator for 
Air and Radiation or his designee. The test order will be delivered in 
person by an EPA Enforcement Officer to a company representative or sent 
by registered mail, return receipt requested, to the manufacturer's 
representative who signs the Application for Certification submitted by 
the manufacturer pursuant to the requirements of the applicable sections 
of subpart A of this part. Upon receipt of a test order, the 
manufacturer shall comply with all of the provisions of this subpart and 
instructions in the test order.
    (c)(1) The test order will specify the vehicle configuration 
selected for testing, the time and location at which vehicles must be 
selected, and the procedure by which vehicles of the specified

[[Page 12]]

configuration must be selected. The test order may specify the number of 
vehicles to be selected per day and may include alternative 
configurations (primary, secondary, etc.) to be selected for testing in 
the event that vehicles of the first specified configuration are not 
available for testing because those vehicles are not being manufactured 
at the specified assembly plant, not being manufactured during the 
specified time, or not being stored at the specified assembly plant or 
associated storage facility. If total production of the specified 
vehicle configuration is less than the number specified in the test 
order, the manufacturer will select the actual number of vehicles 
produced per day. If the first specified configuration is not being 
manufactured at a rate of at least four vehicles per day over the 
expected duration of the audit, the Assistant Administrator for Air and 
Radiation or his designated representative may select vehicles of a 
primary alternate configuration for testing in lieu of the first 
specified configuration. Likewise, vehicles of a secondary alternate 
configuration may be selected in lieu of vehicles of the first specified 
configuration or primary alternate configuration. In addition, the test 
order may include other directions or information essential to the 
administration of the required testing.
    (2) The following instructions are applicable to each test order 
issued under this subpart:
    (i) The manufacturer shall make the following documents available to 
an EPA Enforcement Officer upon request:
    (A) A properly filed and current Application for Certification 
following the format prescribed by the EPA for the appropriate model 
year; and
    (B) A copy of the shop manual, dealer service bulletins, and pre-
delivery inspection procedures for the configuration being tested.
    (ii) Only one mechanic at a time per vehicle shall make authorized 
checks, adjustments, or repairs, unless a particular check, adjustment, 
or repair requires a second mechanic as indicated in the shop manual or 
dealer service bulletins.
    (iii) A mechanic shall not perform any check, adjustment, or repair 
without an Enforcement Officer present unless otherwise authorized.
    (iv) The manufacturer shall utilize only those tools and test 
equipment utilized by its dealers when performing authorized checks, 
adjustments, or repairs.
    (d) A manufacturer may indicate preferred assembly plants for the 
various engine families produced by the manufacturer for selection of 
vehicles in response to a test order. This shall be accomplished by 
submitting a list of engine families and the corresponding assembly 
plants from which the manufacturer desires to have vehicles selected to 
the Administrator. In order that a manufacturer's preferred location for 
issuance of a test order for a configuration of a particular engine 
family be considered, the list must be submitted prior to issuance of 
the test order. Notwithstanding the fact that a manufacturer has 
submitted the above list, the Administrator may, upon making the 
determination that evidence exists indicating noncompliance at other 
than the manufacturer's preferred plant, order testing at such other 
plant where vehicles of the configuration specified in the test order 
are assembled.
    (e) During a given model year, the Administrator shall not issue to 
a manufacturer more SEA test orders than an annual limit determined by 
dividing the projected sales bound for the U.S. market for that model 
year, as made by the manufacturer in its report submitted under 
paragraph (a)(2) of Sec. 600.207-80 of the Automobile Fuel Economy 
Regulations, by 300,000 and rounding to the nearest whole number, unless 
the projected sales are less than 150,000, in which case the annual 
limit is one. However, the annual limit for SEA test orders will be 
recalculated if a manufacturer submits to EPA in writing prior to or 
during the model year a sales projection update.
    (1) Any SEA test order for which the configuration fails in 
accordance with Sec. 86.610 or for which testing is not completed does 
not count against the annual limit.
    (2) When the annual limit has been met, the Administrator may issue 
additional test orders for those configurations for which evidence 
exists indicating noncompliance. An SEA test

[[Page 13]]

order issued on this basis will include a statement as to the reason for 
its issuance.

[41 FR 31483, July 28, 1976, as amended at 43 FR 4552, Feb. 2, 1978; 49 
FR 48480, Dec. 12, 1984. Redesignated and amended at 54 FR 2122, Jan. 
19, 1989]



Sec. 86.603-98  Test orders.

    Section 86.603-98 includes text that specifies requirements that 
differ from Sec. 86.603-88. Where a paragraph in Sec. 86.603-88 is 
identical and applicable to Sec. 86.603-98, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.603-88.'' Where a corresponding paragraph of 
Sec. 86.603-88 is not applicable, this is indicated by the statement 
``[Reserved].''.
    (a) through (c) [Reserved]. For guidance see Sec. 86.603-88.
    (d) A manufacturer may indicate preferred assembly plants for the 
various engine families and evaporative/refueling families produced by 
the manufacturer for selection of vehicles in response to a test order. 
This shall be accomplished by submitting a list of engine families with 
the associated evaporative/refueling families, and the corresponding 
assembly plants from which the manufacturer desires to have vehicles 
selected, to the Administrator. In order that a manufacturer's preferred 
location for issuance of a test order for a configuration of a 
particular engine family and/or evaporative/refueling family be 
considered, the list must be submitted prior to issuance of the test 
order. Notwithstanding the fact that a manufacturer has submitted the 
above list, the Administrator may, upon making the determination that 
evidence exists indicating noncompliance at other than the 
manufacturer's preferred plant, order selection at such other plant 
where vehicles of the configuration specified in the test order are 
assembled.
    (e) [Reserved]. For guidance see Sec. 86.603-88.
    (f) In the event evidence exists indicating an engine family is in 
noncompliance, the Administrator may, in addition to other powers 
provided by this section, issue a test order specifying the engine 
family the manufacturer is required to test.

[59 FR 16300, Apr. 6, 1994, as amended at 62 FR 31234, June 6, 1997]



Sec. 86.604-84  Testing by the Administrator.

    (a) The Administrator may require by test order that vehicles of a 
specified configuration be selected in a manner consistent with the 
requirements of Sec. 86.607 and submitted to him at such place as he 
may designate for the purpose of conducting emission tests. These tests 
shall be conducted in accordance with Sec. 86.608 of these regulations 
to determine whether vehicles manufactured by the manufacturer conform 
with the regulations with respect to which the certificate of conformity 
was issued.
    (b)(1) Whenever the Administrator conducts a test on a test vehicle 
or the Administrator and manufacturer each conduct a test on the same 
test vehicle, the results of the Administrator's test shall comprise the 
official data for that vehicle.
    (2) Whenever the manufacturer conducts all tests on a test vehicle, 
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 (a) of this section that there is a substantial 
lack of agreement between the manufacturer's test results and the 
Administrator's test results, no manufacturer's test data from the 
manufacturer's test facility will be accepted for purposes of this 
subpart.
    (c) In the event that testing conducted under paragraph (a) of this 
section demonstrates a lack of agreement under paragraph (b)(2), of this 
section, the Administrator will:
    (1) Notify the manufacturer in writing of his determination that the 
test facility is inappropriate for conducting the tests required by this 
subpart and the reasons therefor, and
    (2) Reinstate any manufacturer's data upon a showing by the 
manufacturer that the data acquired under paragraph (a) of this section 
was erroneous and the manufacturer's data was correct.

[[Page 14]]

    (d) The manufacturer may request in writing that the Administrator 
reconsider his determination in paragraph (b)(2) of this section based 
on data or information which indicates that changes have been made to 
the test facility and such changes have resolved the reasons for 
disqualification.

[41 FR 31483, July 28, 1976, as amended at 49 FR 48481, Dec. 12, 1984. 
Redesignated at 54 FR 2123, Jan. 19, 1989]



Sec. 86.605-88  Maintenance of records; submittal of information.

    (a) The manufacturer of any new motor vehicle subject to any of the 
standards or procedures prescribed in this part shall establish, 
maintain and retain the following adequately organized and indexed 
records:
    (1) General records. (i) A description of all equipment used to test 
vehicles in accordance with Sec. 86.608 pursuant to a test order issued 
under this subpart, including the following information:
    (A) Dynamometer. (1) Inertia loading.
    (2) Road load power absorption at 50 m.p.h.
    (3) Manufacturer, model and serial number.
    (B) Constant volume sampler. (1) Pressure of the mixture of exhaust 
and dilution air entering the positive displacement pump, pressure 
increase across the pump, and the temperature set point of the 
temperature control system.
    (2) Number of revolutions of the positive displacement pump 
accumulated while test is in progress and exhaust samples are being 
collected.
    (3) Humidity of dilution air.
    (4) Manufacturer, model, type and serial number.
    (C) Instrumentation. (1) Manufacturer, model and serial number for 
each analyzer.
    (2) Pertinent information such as tuning, gain, ranges and 
calibration data.
    (3) Identification of zero, span, exhaust gas and dilution air 
sample traces.
    (4) Temperature set point of heated sample line and heated 
hydrocarbon detector temperature control system (for diesel vehicles 
only).
    (D) Test cell. (1) Barometric pressure, ambient temperature and 
humidity.
    (2) Data and time of day.
    (ii) In lieu of recording test equipment information, 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 
information.
    (2) Individual records. These records pertain to each audit 
conducted pursuant to this subpart.
    (i) The location where audit testing was performed, and the date and 
time for each emissions test.
    (ii) The number of miles on the test vehicle when the test began and 
ended.
    (iii) The names of supervisory personnel responsible for the conduct 
of the audit.
    (iv) A record and description of any repairs performed prior to and/
or subsequent to approval by the Administrator, giving the date and time 
of the repair, the reason for it, the person authorizing it, and the 
names of supervisory personnel responsible for the repair.
    (v) The dates when the test vehicles were shipped from the assembly 
plant or the storage facility and when they were received at the testing 
facility.
    (vi) The drive wheel tire pressure and the inertia weight class for 
each test vehicle, and the actual curb weight for each test vehicle 
required to be weighed pursuant to a test order.
    (vii) A complete record of all emission tests performed pursuant to 
this subpart (except tests performed by EPA directly) including all 
individual worksheets and/or other documentation relating to each test, 
or exact copies thereof.
    (viii) A brief description of all significant audit events, 
commencing with the test vehicle selection process, but not described by 
any other subparagraph under paragraph (a)(2) of this section, including 
such extraordinary events as vehicle accident.
    (ix) A paper copy of the driver's trace for each test.
    (3) Additional required records for diesel vehicles.
    (4) The manufacturer shall record test equipment description, 
pursuant to paragraph (a)(1) of this section, for each test cell that is 
used to perform emission testing under this subpart.

[[Page 15]]

    (b) All records required to be maintained under this subpart shall 
be retained by the manufacturer for a period of one (1) year after 
completion of all testing in response to a test order. Records may be 
retained as hard copy or reduced to microfilm, punch cards, etc., 
depending upon the record retention procedures of the manufacturer: 
Provided, That in every case all the information contained in the hard 
copy shall be retained.
    (c) The manufacturer shall, pursuant to a request made by the 
Administrator, submit to the Administrator the following information 
with regard to vehicle production:
    (1) Number of vehicles, by configuration and assembly plant, 
scheduled for production for the time period designated in the request.
    (2) Number of vehicles, by configuration and assembly plant, 
produced during the time period designated in the request which are 
complete for introduction into commerce.
    (d) Nothing in this section shall limit the Administrator's 
discretion to require the manufacturer to retain additional records or 
submit information not specifically required by this section.
    (e) All reports, submissions, notifications and requests for 
approvals made under this subpart shall be addressed to:

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

[41 FR 31483, July 28, 1976, as amended at 44 FR 61962, Oct. 29, 1979; 
49 FR 48481, Dec. 12, 1984. Redesignated at 54 FR 2123, Jan. 19, 1989]



Sec. 86.605-98  Maintenance of records; submittal of information.

    Section 86.605-98 includes text that specifies requirements that 
differ from Sec. 86.605-88. Where a paragraph in Sec. 86.605-88 is 
identical and applicable to Sec. 86.605-98, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.605-88.'' Where a corresponding paragraph of 
Sec. 86.605-88 is not applicable, this is indicated by the statement 
``[Reserved].''.
    (a) through (a)(1)(i)(D) [Reserved]. For guidance see Sec. 86.605-
88.
    (E) Refueling enclosure (refueling SHED).
    (1) Total internal volume.
    (2) Capacity of mixing blower.
    (3) Location of refueling access ports.
    (4) Enclosure barometric pressure and ambient temperature.
    (5) Soak area temperature records.
    (F) Fuel dispenser for refueling. (1) Fuel dispensing rate.
    (2) Manufacturer and model of fuel nozzle.
    (3) Dispensed fuel temperature.
    (4) Dispensed fuel volume.
    (a)(1)(ii) through (e) [Reserved]. For guidance see Sec. 86.605-88.
    (2) [Reserved]

[59 FR 16301, Apr. 6, 1994]



Sec. 86.606-84  Entry and access.

    (a) In order to allow the Administrator to determine whether a 
manufacturer is complying with the provisions of this subpart and a test 
order issued thereunder, EPA Enforcement Officers may enter during 
normal operating hours upon presentation of credentials any of the 
following:
    (1) Any facility where any vehicle to be introduced into commerce or 
any emission-related component is or has been manufactured, assembled, 
or stored;
    (2) Any facility where any tests conducted pursuant to a test order 
or any procedures or activities connected with such tests are or were 
performed;
    (3) Any facility where any vehicle which is being, was, or is to be 
tested is present; and
    (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 (a) of 
this section, EPA Enforcement Officers may:
    (1) Inspect and monitor any part or aspect of vehicle manufacturer, 
assembly, storage, testing and other procedures, and the facilities in 
which these procedures are conducted;
    (2) Inspect and monitor any part or aspect of vehicle test 
procedures or activities, including, but not limited to, vehicle 
selection, preparation, mileage

[[Page 16]]

accumulation, preconditioning, emission tests, and maintenance; and 
verify calibration of test equipment;
    (3) Inspect and make copies of any records or documents related to 
the assembly, storage, selection and testing of a vehicle in compliance 
with a test order; and
    (4) Inspect and photograph any part or aspect of any vehicle and any 
component used in its assembly that is reasonably related to the purpose 
of the entry.
    (c) EPA Enforcement Officers may obtain reasonable assistance 
without cost from those in charge of a facility to help them perform any 
function listed in this subpart and may request the recipient of a test 
order to arrange with those in charge of a facility operated for its 
benefit to furnish reasonable assistance without cost to EPA whether or 
not the recipient controls the facility.
    (d) EPA Enforcement Officers may seek a warrant or court order 
authorizing the EPA Enforcement Officers to conduct activities related 
to entry and access as authorized in this section. EPA Enforcement 
Officers may proceed ex parte to obtain a warrant whether or not the 
Enforcement Officers first sought permission from the recipient of the 
test order or the party in charge of the facilities in question to 
conduct those activities related to entry and access.
    (e) A recipient of a test order shall permit EPA Enforcement 
Officers who present a warrant or court order as described in paragraph 
(d) 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. A recipient of a test order shall cause those in charge of its 
facility or a facility operated for its benefit to permit EPA 
Enforcement Officers to conduct these activities related to entry and 
access pursuant to a warrant or court order whether or not the recipient 
controls the facility. In the absence of such a warrant or court order, 
EPA Enforcement Officers may conduct those activities related to entry 
and access only upon the consent of either the recipient of the test 
order or the party in charge of the facilities in question.
    (f) It is not a violation of this part or the Clean Air Act for any 
person to refuse to permit EPA Enforcement Officers to conduct 
activities related to entry and access as authorized in this section 
without a warrant or court order.
    (g) A manufacturer is responsible for locating its foreign testing 
and manufacturing facilities in jurisdictions in which local foreign law 
does not prohibit EPA Enforcement Officers from conducting the entry and 
access activities specified in this section. EPA will not attempt to 
make any inspections which it has been informed that local foreign law 
prohibits.
    (h) For purposes of this section:
    (1) Presentation of Credentials means display of the document 
designating a person as an EPA Enforcement Officer.
    (2) Where vehicle storage areas or facilities are concerned, 
operating hours 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 covered by paragraph 
(h)(2) of this section are concerned, operating hours means all times 
during which an assembly line is in operation, vehicle assembly is 
occurring, or testing, repair, mileage accumulation, production or 
compilation of records, or any other procedure or activity related to 
testing, or to vehicle manufacture or assembly, is being conducted in a 
facility.
    (4) Reasonable assistance includes, but is not limited to, providing 
clerical, copying, interpreting and translating services and, at the 
request of an EPA Enforcement Officer, making available personnel of the 
facility being inspected during their working hours to provide 
information relevant to the Enforcement Officer's activities authorized 
in this section. Any employee whom a manufacturer has instructed to 
appear at the request of an Enforcement Officer may be accompanied, 
represented, and advised by counsel.

[41 FR 31483, July 28, 1976, as amended at 49 FR 48481, Dec. 12, 1984. 
Redesignated at 54 FR 2123, Jan. 19, 1989]

[[Page 17]]



Sec. 86.607-84  Sample selection.

    (a) Vehicles comprising a test sample which are required to be 
tested, pursuant to a test order issued in accordance with this subpart, 
will be selected at the location and in the manner specified in the test 
order. If a manufacturer determines that the test vehicles cannot be 
selected in the manner specified in the test order, an alternative 
selection procedure may be employed: Provided, That the manufacturer 
requests approval of the alternative procedure in advance of the start 
of test sample selection and that the Administrator approves the 
procedure. Special order vehicles are exempt from sample selection 
unless a test sample cannot be completed otherwise.
    (b) The manufacturer shall have assembled the test vehicles of the 
configuration selected for testing using its normal mass production 
processes for vehicles to be distributed into commerce. During the 
audit, the manufacturer shall inform the Administrator of any change(s) 
implemented in its production processes, including quality control, 
which may be reasonably expected to affect the emissions of the vehicles 
selected, between the time the manufacturer received the test order and 
the time the manufacturer finished selecting test vehicles.
    (c) No quality control, testing, or assembly procedures will be used 
on the completed test vehicles or any portion thereof, including parts 
and subassemblies, that has not been or will not be used during the 
production and assembly of all other vehicles of that configuration.
    (d) The test order may specify that EPA Enforcement Officers, rather 
than the manufacturer, will select the test vehicles according to the 
method described in paragraph (a) of this section.
    (e) The order in which test vehicles are selected determines the 
order in which test results are to be used in applying the sampling plan 
in accordance with Sec. 86.610.
    (f) The manufacturer shall keep on hand all untested vehicles, if 
any, comprising the test sample until a pass or fail decision is reached 
in accordance with paragraph (d) of Sec. 86.610. The manufacturer may 
ship any tested vehicle which has not failed in accordance with 
paragraph (a) of Sec. 86.610. However, once a manufacturer ships any 
vehicle from the test sample, it relinquishes the prerogative to conduct 
retests provided in paragraph (i) of Sec. 86.608.

[49 FR 48482, Dec. 12, 1984. Redesignated at 54 FR 2123, Jan. 19, 1989]



Sec. 86.608-98  Test procedures.

    (a) The prescribed test procedures are the Federal Test Procedure, 
as described in subpart B and/or subpart R of this part, whichever is 
applicable, the cold temperature CO test procedure as described in 
subpart C of this part, and the Certification Short Test procedure as 
described in subpart O of this part. Where the manufacturer conducts 
testing based on the requirements specified in Chapter 1 or Chapter 2 of 
the California Regulatory Requirements Applicable to the National Low 
Emission Vehicle Program (October, 1996), the prescribed test procedures 
are the procedures cited in the previous sentence, or substantially 
similar procedures, as determined by the Administrator. The California 
Regulatory Requirements Applicable to the National Low Emission Vehicle 
Program are incorporated by reference (see Sec. 86.1). For purposes of 
Selective Enforcement Audit testing, the manufacturer shall not be 
required to perform any of the test procedures in subpart B of this part 
relating to evaporative emission testing, other than refueling emissions 
testing, except as specified in paragraph (a)(2) of this section.
    (1) The Administrator may omit any of the testing procedures 
described in paragraph (a) of this section and may select and prescribe 
the sequence of any CSTs. Further, the Administrator may, on the basis 
of a written application by a manufacturer, approve optional test 
procedures other than those in subparts B, C, and O of this part for any 
motor vehicle which is not susceptible to satisfactory testing using the 
procedures in subparts B, C, and O of this part.
    (2) The following exceptions to the test procedures in subpart B 
and/or subpart R of this part are applicable to Selective Enforcement 
Audit testing:
    (i) For mileage accumulation, the manufacturer may use test fuel 
meeting the specifications for mileage and

[[Page 18]]

service accumulation fuels of Sec. 86.113, or, for vehicles certified 
to the National LEV standards, the specifications of Sec. 86.1771. 
Otherwise, the manufacturer may use fuels other than those specified in 
this section only with the advance approval of the Administrator.
    (ii) The manufacturer may measure the temperature of the test fuel 
at other than the approximate mid-volume of the fuel tank, as specified 
in Sec. 86.131-96(a) with only a single temperature sensor, and may 
drain the test fuel from other than the lowest point of the tank, as 
specified in Sec. Sec. 86.131-96(b) and 86.152-98(a), provided an 
equivalent method is used. Equivalency documentation shall be maintained 
by the manufacturers and shall be made available to the Administrator 
upon request. Additionally, for any test vehicle that has remained under 
laboratory ambient temperature conditions for at least 6 hours prior to 
testing, the vehicle soak described in Sec. 86.132-96(c) may be 
eliminated upon approval of the Administrator. In such cases, the 
vehicle shall be operated through the preconditioning drive described in 
Sec. 86.132-96(c) immediately following the fuel drain and fill 
procedure described in Sec. 86.132-96(b).
    (iii) The manufacturer may perform additional preconditioning on 
Selective Enforcement Audit test vehicles other than the preconditioning 
specified in Sec. 86.132, or Sec. 86.1773, for vehicles certified to 
the National LEV standards only if the additional preconditioning was 
performed on certification test vehicles of the same configuration.
    (iv) If the Administrator elects to use the evaporative/refueling 
canister preconditioning procedure described in Sec. 86.132-96(k), the 
manufacturer shall perform the heat build procedure 11 to 34 hours 
following vehicle preconditioning rather than according to the time 
period specified in Sec. 86.133-90(a). All references to an evaporative 
emission enclosure and analyzing for HC during the heat build can be 
ignored.
    (v) The manufacturer may substitute slave tires for the drive wheel 
tires on the vehicle as specified in paragraph Sec. 86.135-90(e): 
Provided, that the slave tires are the same size.
    (vi) If the Administrator elects to use the evaporative/refueling 
canister preconditioning procedure described in Sec. 86.132-96(k), the 
cold start exhaust emission test described in Sec. 86.137-96 shall 
follow the heat build procedure described in Sec. 86.133-90 by not more 
than one hour.
    (vii) In performing exhaust sample analysis under Sec. 86.140-94.
    (A) When testing diesel vehicles, or methanol-fueled Otto-cycle 
vehicles, the manufacturer shall allow a minimum of 20 minutes warm-up 
for the HC analyzer, and for diesel vehicles, a minimum of two hours 
warm-up for the CO, CO2. and NOX analyzers. (Power 
is normally left on infrared and chemiluminescent analyzers. When not in 
use, the chopper motors of the infrared analyzers are turned off and the 
phototube high voltage supply to the chemiluminescent analyzers is 
placed in the standby position.)
    (B) The manufacturer shall exercise care to prevent moisture from 
condensing in the sample collection bags.
    (viii) The manufacturer need not comply with Sec. 86.142, Sec. 
86.155, or Sec. 86.1775, since the records required therein are 
provided under other provisions of this subpart G.
    (ix) If a manufacturer elects to perform the background 
determination procedure described in paragraph (a)(2)(xi) of this 
section in addition to performing the refueling emissions test 
procedure, the elapsed time between the initial and final FID readings 
shall be recorded, rounded to the nearest second rather than minute as 
described in Sec. 86.154-98(e)(8). In addition, the vehicle soak 
described in Sec. 86.153-98(e) shall be conducted with the windows and 
luggage compartment of the vehicle open.
    (x) The Administrator may elect to perform a seal test, described in 
Sec. 86.153-98(b), of both integrated and non-integrated systems 
instead of the full refueling test. When testing non-integrated systems, 
a manufacturer may conduct the canister purge described in Sec. 86.153-
98(b)(1) directly following the preconditioning drive described in Sec. 
86.132-96(e) or directly following the exhaust emissions test described 
in Sec. 86.137-96.
    (xi) In addition to the refueling test, a manufacturer may elect to 
perform

[[Page 19]]

the following background emissions determination immediately prior to 
the refueling measurement procedure described in Sec. 86.154-98, 
provided EPA is notified of this decision prior to the start of testing 
in an SEA.
    (A) The SHED shall be purged for several minutes immediately prior 
to the background determination. 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.
    (B) The FID (or HFID) hydrocarbon analyzer shall be zeroed and 
spanned immediately prior to the background determination. If not 
already on, the enclosure mixing fan and the spilled fuel mixing blower 
shall be turned on at this time.
    (C) Place the vehicle in the SHED. The ambient temperature level 
encountered by the test vehicle during the entire background emissions 
determination shall be 80 [deg]F 3 [deg]F. The 
windows and luggage compartment of the vehicle must be open and the gas 
cap must be secured.
    (D) Seal the SHED. Immediately analyze the ambient concentration of 
hydrocarbons in the SHED and record. This is the initial background 
hydrocarbon concentration.
    (E) Soak the vehicle for ten minutes 1 minute.
    (F) The FID (or HFID) hydrocarbon analyzer shall be zeroed and 
spanned immediately prior to the end of the background determination.
    (G) Analyze the ambient concentration of hydrocarbons in the SHED 
and record. This is the final background hydrocarbon concentration.
    (H) The total hydrocarbon mass emitted during the background 
determination is calculated according to Sec. 86.156-98. To obtain a 
per-minute background emission rate, divide the total hydrocarbon mass 
calculated in this paragraph by the duration of the soak, rounded to the 
nearest second, described in paragraph (a)(2)(xi)(G) of this section.
    (I) The background emission rate is multiplied by the duration of 
the refueling measurement obtained in paragraph (a)(2)(ix) of this 
section. This number is then subtracted from the total grams of 
emissions calculated for the refueling test according to Sec. 86.156-
98(a) to obtain the adjusted value for total refueling emissions. The 
final results for comparison with the refueling emission standard shall 
be computed by dividing the adjusted value for total refueling mass 
emissions by the total gallons of fuel dispensed in the refueling test 
as described in Sec. 86.156-98(b).
    (xii) In addition to the requirements of subpart B of this part, the 
manufacturer shall prepare gasoline-fueled and methanol-fueled vehicles 
as follows prior to emission testing:
    (A) The manufacturer shall inspect the fuel system to ensure the 
absence of any leaks of liquid or vapor to the atmosphere by applying a 
pressure of 14.50.5 inches of water (3.60.1 Kpa) to the fuel system allowing the pressure to 
stabilize and isolating the fuel system from the pressure source. 
Following isolation of the fuel system, pressure must not drop more than 
2.0 inches of water (0.5 Kpa) in five minutes. If required, the 
manufacturer shall perform corrective action in accordance with 
paragraph (d) of this section and report this action in accordance with 
Sec. 86.609-98(d).
    (B) When performing this pressure check, the manufacturer shall 
exercise care to neither purge nor load the evaporative or refueling 
emission control systems.
    (C) The manufacturer may not modify the test vehicle's evaporative 
or refueling emission control systems by component addition, deletion, 
or substitution, except to comply with paragraph (a)(2)(ii) of this 
section if approved in advance by the Administrator.
    (3) The following exceptions to the test procedures in subpart C of 
this part are applicable to Selective Enforcement Audit testing:
    (i) The manufacturer may measure the temperature of the test fuel at 
other than the approximate mid-volume of the fuel tank, as specified in 
Sec. 86.131-90(a), and may drain the test fuel from other than the 
lowest point of the fuel tank as specified in Sec. 86.131-90(b), 
provided an equivalent method is used. Equivalency documentation shall

[[Page 20]]

be maintained by the manufacturer and shall be made available to the 
Administrator upon request.
    (ii) In performing exhaust sample analysis under Sec. 86.140-94, 
the manufacturer shall exercise care to prevent moisture from condensing 
in the sample collection bags.
    (iii) The manufacturer need not comply with Sec. 86.142-90 since 
the records required therein are provided under other provisions of this 
subpart G.
    (iv) In addition to the requirements of subpart C of this part, the 
manufacturer shall prepare gasoline-fueled vehicles as follows prior to 
exhaust emission testing:
    (A) The manufacturer shall inspect the fuel system to ensure the 
absence of any leaks of liquid or vapor to the atmosphere by applying a 
pressure of 14.50.5 inches of water (3.60.1 Kpa) to the fuel system allowing the pressure to 
stabilize and isolating the fuel system from the pressure source. 
Following isolation of the fuel system, pressure must not drop more than 
2.0 inches of water (0.5 Kpa) in five minutes. If required, the 
manufacturer shall perform corrective action in accordance with 
paragraph (d) of this section and report this action in accordance with 
Sec. 86.609-98(d).
    (B) When performing this pressure check, the manufacturer shall 
exercise care to neither purge nor load the evaporative or refueling 
emission control system.
    (C) The manufacturer shall not modify the test vehicle's evaporative 
or refueling emission control system by component addition, deletion, or 
substitution, except if approved in advance by the Administrator, to 
comply with paragraph (a)(3)(i) of this section.
    (4) The exceptions to the test procedures in subpart O of this part 
applicable to Selective Enforcement Audit testing are listed in 
paragraphs (a)(4) (i) and (ii) of this section.
    (i) The manufacturer need not comply with Sec. 86.1442, since the 
records required therein are provided under provisions of this subpart 
G.
    (ii) In addition to the requirements of subpart O of this part, the 
manufacturer must prepare vehicles as in paragraphs (a)(4)(ii) (A) 
through (C) of this section prior to exhaust emission testing.
    (A) The manufacturer must inspect the fuel system to insure the 
absence of any leaks of liquid or vapor to the atmosphere by applying a 
pressure of 14.50.5 inches of water (3.60.1 Kpa) to the fuel system, allowing the pressure to 
stabilize, and isolating the fuel system from the pressure source. 
Pressure must not drop more than 2.0 inches of water (0.5 Kpa) in five 
minutes. If required, the manufacturer performs corrective action in 
accordance with paragraph (d) of this section and must report this 
action in accordance with Sec. 86.609-98(d).
    (B) When performing this pressure check, the manufacturer must 
exercise care to neither purge nor load the evaporative or refueling 
emission control system.
    (C) The manufacturer may not modify the test vehicle's evaporative 
or refueling emission control system by component addition, deletion, or 
substitution.
    (b)(1) The manufacturer shall not adjust, repair, prepare, or modify 
the vehicles selected for testing and shall not perform any emission 
tests on vehicles selected for testing pursuant to the test order unless 
this adjustment repair, preparation, modification, and/or tests are 
documented in the manufacturer's vehicle assembly and inspection 
procedures and are actually performed or unless these adjustments and/or 
tests are required or permitted under this subpart or are approved in 
advance by the Administrator.
    (2) For 1981 and later model years the Administrator may adjust or 
cause to be adjusted any engine or vehicle parameter which the 
Administrator has determined to be subject to adjustment for new vehicle 
compliance testing (e.g., for certification or Selective Enforcement 
Audit testing) in accordance with Sec. 86.081-22(c)(1), to any setting 
within the physically adjustable range of that parameter, as determined 
by the Administrator in accordance with Sec. 86.081-22(e)(3)(ii), prior 
to the performance of any tests. 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

[[Page 21]]

causes a lower engine idle speed than will be possible within the 
physically adjustable range of the idle speed parameter on the vehicle 
when it has accumulated 4,000 miles, all other parameters being adjusted 
identically for the purpose of 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.
    (c) Prior to performing emission testing pursuant to paragraph (a) 
of this section on an SEA test vehicle, the manufacturer may accumulate 
on each vehicle a number of miles equal to the greater of 4,000 miles, 
or the number of miles the manufacturer accumulated during certification 
on the emission-data vehicle corresponding to the configuration 
specified in the test order.
    (1) Mileage accumulation must be performed in any manner using good 
engineering judgment to obtain emission results representative of normal 
production vehicles. This mileage accumulation must be consistent with 
the new vehicle break-in instructions contained in the applicable 
vehicle owner's manual, if any.
    (2) The manufacturer shall accumulate mileage at a minimum rate of 
300 miles per vehicle during each 24-hour period, unless otherwise 
provided by the Administrator.
    (i) The first 24-hour period for mileage accumulation shall begin as 
soon as authorized vehicle checks, inspections and preparations are 
completed on each vehicle.
    (ii) The minimum mileage accumulation rate does not apply on 
weekends or holidays.
    (iii) If the manufacturer's mileage accumulation target is less than 
the minimum rate specified (300 miles per day), then the minimum daily 
accumulation rate shall be equal to the manufacturer's mileage 
accumulation target.
    (3) Mileage accumulation shall be completed on a sufficient number 
of test vehicles during consecutive 24-hour periods to assure that the 
number of vehicles tested per day fulfills the requirements of paragraph 
(g) of this section.
    (d) The manufacturer shall not perform any maintenance on test 
vehicles after selection for testing nor shall the Administrator allow 
deletion of any test vehicle from the test sequence, unless requested by 
the manufacturer and approved by the Administrator before any test 
vehicle maintenance of deletion.
    (e) The manufacturer will be allowed 24 hours to ship test vehicles 
from the assembly plant or storage facility to the test facility if the 
test facility is not located at the plant or storage facility or in 
close proximity to the plant or storage facility: Except, that the 
Administrator may approve more time based upon a request by the 
manufacturer accompanied by a satisfactory justification.
    (f) If a vehicle cannot complete the mileage accumulation or 
emission tests because of vehicle malfunction, the manufacturer may 
request the Administrator to authorize the repair of that vehicle or its 
deletion from the test sequence.
    (g) Whenever the manufacturer conducts testing pursuant to a test 
order issued under this subpart, the manufacturer shall notify the 
Administrator within one working day of receipt of the test order, which 
test facility will be used to comply with the test order and the number 
of available test cells at that facility. If no test cells are available 
at the desired facility, the manufacturer must provide alternate testing 
capability satisfactory to the Administrator.
    (1) The manufacturer shall perform a combination of tests pursuant 
to paragraph (a) of this section so that a minimum of four tests are 
performed per 24 hour period, including voided tests, for each available 
test cell.
    (2) The Administrator may approve a longer period based upon a 
request by a manufacturer accompanied by satisfactory justification.

[[Page 22]]

    (h) The manufacturer shall perform test vehicle selection, 
preparation, mileage accumulation, shipping, and testing in such a 
manner as to assure that the audit is performed in an expeditious 
manner.
    (i) The manufacturer may retest any test vehicle after a fail 
decision has been reached in accordance with Sec. 86.610-98(d) based on 
the first test on each vehicle; except that the Administrator may 
approve retests at other times during the audit based upon a request by 
the manufacturer accompanied by a satisfactory justification. The 
manufacturer may test each vehicle a total of three times. The 
manufacturer shall test each vehicle the same number of times. The 
manufacturer may accumulate additional mileage on test vehicles before 
conducting retests, subject to the provisions of paragraph (c) of this 
section.

[59 FR 16301, Apr. 6, 1994, as amended at 60 FR 43898, Aug. 23, 1995; 62 
FR 31235, June 6, 1997]



Sec. 86.609-98  Calculation and reporting of test results.

    (a) Initial test results are calculated following the test 
procedures specified in Sec. 86.608-98(a). Round the initial test 
results to the number of decimal places contained in the applicable 
emission standard expressed to one additional significant figure. 
Rounding is done in accordance with ASTM E 29-67, (reapproved 1980) (as 
referenced in Sec. 86.094-28 (a)(4)(i)(B)(2)(ii).
    (b) Final test results for each test vehicle are calculated by 
summing the initial test results derived in paragraph (a) of this 
section for each test vehicle, dividing by the number of times that 
specific test has been conducted on the vehicle, and rounding to the 
same number of decimal places contained in the applicable standard 
expressed to one additional significant figure. Rounding is done in 
accordance with ASTM E 29-67, (reapproved 1980) (as referenced in Sec. 
86.094-28 (a)(4)(i)(B)(2)(ii).
    (c) Final deteriorated test results--(1) For each test vehicle. The 
final deteriorated test results for each light-duty vehicle tested for 
exhaust emissions and/or refueling emissions according to subpart B, 
subpart C, or subpart R of this part are calculated by first multiplying 
or adding, as appropriate, the final test results by or to the 
appropriate deterioration factor derived from the certification process 
for the engine or evaporative/refueling family and model year to which 
the selected configuration belongs, and then by multiplying by the 
appropriate reactivity adjustment factor, if applicable, and rounding to 
the same number of decimal places contained in the applicable emission 
standard. Rounding is done 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. This 
procedure has been incorporated by reference (see Sec. 86.1). For the 
purpose of this paragraph (c), if a multiplicative deterioration factor 
as computed during the certification process is less than one, that 
deterioration factor is one. If an additive deterioration factor as 
computed during the certification process is less than zero, that 
deterioration factor will be zero.
    (2) Exceptions. There are no deterioration factors for light-duty 
vehicle emissions obtained during testing in accordance with subpart O 
of this part or with Sec. 86.146-96. Accordingly, for the CST and the 
fuel dispensing spitback test the term ``final deteriorated test 
results'' means the final test results derived in paragraph (b) of this 
section for each test vehicle, rounded to the same number of decimal 
places contained in the applicable emission standard. Rounding is done 
in accordance with ASTM E 29-67, (reapproved 1980) (as referenced in 
Sec. 86.094-28 (a)(4)(i)(B)(2)(ii).
    (d) Within five working days after completion of testing of all 
vehicles pursuant to a test order, the manufacturer shall submit to the 
Administrator a report which includes the following information:
    (1) The location and description of the manufacturer's emission test 
facilities which were utilized to conduct testing reported pursuant to 
this section.
    (2) The applicable standards against which the vehicles were tested.
    (3) Deterioration factors for the selected configuration.

[[Page 23]]

    (4) A description of the vehicle selection method used.
    (5) For each test conducted.
    (i) Test vehicle description including:
    (A) Configuration, engine family, and refueling family 
identification.
    (B) Year, make, build date, and model of vehicle.
    (C) Vehicle Identification Number.
    (D) Miles accumulated on vehicle.
    (ii) Location where mileage accumulation was conducted and 
description of accumulation schedule.
    (iii) Test number, date initial test results, final results and 
final deteriorated test results for all valid and invalid exhaust 
emission tests, and the reason for invalidation.
    (iv) A complete description of any modification, repair, 
preparation, maintenance and/or testing which was performed on the test 
vehicle and:
    (A) Has not been reported pursuant to any other paragraph of this 
subpart; and
    (B) Will not be performed on all other production vehicles.
    (v) Carbon dioxide emission values for all valid and invalid exhaust 
emission tests.
    (vi) Where a vehicle was deleted from the test sequence by 
authorization of the Administrator, the reason for the deletion.
    (vii) Any other information the Administrator may request relevant 
to the determination as to whether the new motor vehicles being 
manufactured by the manufacturer do in fact conform with the regulations 
with respect to which the certificate of conformity was issued.
    (6) The following statement and endorsement:

    This report is submitted pursuant to sections 206 and 208 of the 
Clean Air Act. This Selective Enforcement Audit was conducted in 
complete conformance with all applicable regulations under 40 CFR part 
86 and the conditions of the test order. No emission related change(s) 
to production processes or quality control procedures for the vehicle 
configuration tested have been made between receipt of this test order 
and conclusion of the audit. All data and information reported herein 
is, to the best of

________________________________________________________________________
(Company Name)

knowledge, true and accurate. I am aware of the penalties associated 
with violations of the Clean Air Act and the regulations thereunder.

________________________________________________________________________
(Authorized Company Representative)

[59 FR 16303, Apr. 6, 1994, as amended at 62 FR 31236, June 6, 1997]



Sec. 86.610-98  Compliance with acceptable quality level and passing and 

failing criteria for Selective Enforcement Audits.

    (a) The prescribed acceptable quality level is 40 percent.
    (b) A failed vehicle is one whose final deteriorated test results 
pursuant to Sec. 86.609-98(c) exceed at least one of the applicable 
emission standards associated with the test procedures pursuant to Sec. 
86.608-98(a).
    (c)(1) Pass/fail criteria. The manufacturer shall test vehicles 
comprising the test sample until a pass decision is reached for all of 
the pollutants associated with all of the test procedures pursuant to 
Sec. 86.608-98(a) or a fail decision is reached for one of these 
pollutants. A pass decision is reached when the cumulative number of 
failed vehicles, as defined in paragraph (b) of this section, for each 
pollutant is less than or equal to the fail decision number appropriate 
to the cumulative number of vehicles tested. A fail decision is reached 
when the cumulative number of failed vehicles for one pollutant is 
greater than or equal to the fail decision number appropriate to the 
cumulative number of vehicles tested. The pass and fail decision numbers 
associated with the cumulative number of vehicles tested are determined 
by use of the tables in appendix XI of this part appropriate for the 
annual projected sales as made by the manufacturer in its report 
submitted under Sec. 600.207-80(a)(2) of this chapter (Automobile Fuel 
Economy Regulations). In the tables in appendix XI of this part, 
sampling plan ``stage'' refers to the cumulative number of vehicles 
tested. Once a pass decision has been made for a particular pollutant 
associated with a particular test procedure pursuant to Sec. 86.608-
98(a), the number of vehicles whose final deteriorated test results 
exceed the emission standard for that pollutant may not be considered 
any further for purposes of the audit.

[[Page 24]]

    (2) CST criteria only. For CST testing pursuant to subpart O, a pass 
or fail decision is determined according to the pass/fail criteria 
described in paragraph (c)(1) of this section, except that for each 
vehicle, the CST in its entirety is considered one pollutant.
    (d) Passing or failing of an SEA audit occurs when the decision is 
made on the last vehicle required to make a decision under paragraph (c) 
of this section.
    (e) The Administrator may terminate testing earlier than required in 
paragraph (c) of this section.

[59 FR 16304, Apr. 6, 1994]



Sec. 86.612-97  Suspension and revocation of certificates of conformity.

    (a) The certificate of conformity is immediately suspended with 
respect to any vehicle failing pursuant to Sec. 86.610(b) effective 
from the time that testing of that vehicle is completed.
    (b)(1) Selective enforcement audits. The Administrator may suspend 
the certificate of conformity for a configuration that does not pass a 
selective enforcement audit pursuant to Sec. 86.610-98(c) based on the 
first test, or all tests, conducted on each vehicle. This suspension 
will not occur before ten days after failure to pass the audit.
    (2) California assembly-line quality audit testing. The 
Administrator may suspend the certificate of conformity for a 50-state 
family or configuration tested in accordance with procedures prescribed 
under Sec. 86.608 that the Executive Officer has determined to be in 
non-compliance with one or more applicable pollutants based on the 
requirements specified in Chapter 1 or Chapter 2 of the California 
Regulatory Requirements Applicable to the National Low Emission Vehicle 
Program (October, 1996), if the results of vehicle testing conducted by 
the manufacturer do not meet the acceptable quality level criteria 
pursuant to Sec. 86.610. The California Regulatory Requirements 
Applicable to the National Low Emission Vehicle Program (October, 1996) 
are incorporated by reference (see Sec. 86.1). A vehicle that is tested 
by the manufacturer pursuant to California Assembly-Line Quality Audit 
Test Procedures, in accordance with procedures prescribed under Sec. 
86.608, and determined to be a failing vehicle will be treated as a 
failed vehicle described in Sec. 86.610(b), unless the manufacturer can 
show that the vehicle would not be considered a failed vehicle using the 
test procedures specified in Sec. 86.608. This suspension will not 
occur before ten days after the manufacturer receives written 
notification that the Administrator has determined the 50-state family 
or configuration exceeds one or more applicable federal standards.
    (c)(1) Selective enforcement audits. If the results of vehicle 
testing pursuant to the requirements of this subpart indicates the 
vehicles of a particular configuration produced at more than one plant 
do not conform to the regulations with respect to which the certificate 
of conformity was issued, the Administrator may suspend the certificate 
of conformity with respect to that configuration for vehicles 
manufactured by the manufacturer in other plants of the manufacturer.
    (2) California Assembly-Line Quality Audit Testing. If the 
Administrator determines that the results of vehicle testing pursuant to 
the requirements specified in Chapter 1 or Chapter 2 of the California 
Regulatory Requirements Applicable to the National Low Emission Vehicle 
Program (October, 1996) and the procedures prescribed in Sec. 86.608 
indicate the vehicles of a particular 50-state engine family or 
configuration produced at more than one plant do not conform to 
applicable federal regulations with respect to which a certificate of 
conformity was issued, the Administrator may suspend, pursuant to 
paragraph (b)(2) of this section, the certificate of conformity with 
respect to that engine family or configuration for vehicles manufactured 
in other plants of the manufacturer. The California Regulatory 
Requirements Applicable to the National Low Emission Vehicle Program 
(October, 1996) are incorporated by reference (see Sec. 86.1).
    (d) The Administrator will notify the manufacturer in writing of any 
suspension or revocation of a certificate of conformity in whole or in 
part: Except, that the certificate of conformity is immediately 
suspended with respect to any vehicle failing pursuant to

[[Page 25]]

Sec. 86.610(b) and as provided for in paragraph (a) of this section.
    (e)(1) Selective Enforcement Audits. The Administrator may revoke a 
certificate of conformity for a configuration when the certificate has 
been suspended pursuant to paragraph (b)(1) or (c)(1) of this section if 
the proposed remedy for the nonconformity, as reported by the 
manufacturer to the Administrator, is one requiring a design change(s) 
to the engine and/or emission control system as described in the 
Application for Certification of the affected configuration.
    (2) California Assembly-Line Quality Audit Testing. The 
Administrator may revoke a certificate of conformity for an engine 
family or configuration when the certificate has been suspended pursuant 
to paragraph (b)(2) or (c)(2) of this section if the proposed remedy for 
the nonconformity, as reported by the manufacturer to the Executive 
Officer and/or the Administrator, is one requiring a design change(s) to 
the engine and/or emission control system as described in the 
Application for Certification of the affected engine family or 
configuration.
    (f) Once a certificate has been suspended for a failed vehicle as 
provided for in paragraph (a) of this section, the manufacturer must 
take the following actions:
    (1) Before the certificate is reinstated for that failed vehicle--
    (i) Remedy the nonconformity; and
    (ii) Demonstrate that the vehicle's final deteriorated test results 
conform to the applicable emission standards or family particulate 
emission limits, as defined in this part 86 by retesting the vehicle in 
accordance with the requirements of this subpart.
    (2) Submit a written report to the Administrator within thirty days 
after successful completion of testing on the failed vehicle, which 
contains a description of the remedy and test results for the vehicle in 
addition to other information that may be required by this subpart.
    (g) Once a certificate has been suspended pursuant to paragraph (b) 
or (c) of this section, the manufacturer must take the following actions 
before the Administrator will consider reinstating such certificate:
    (1) Submit a written report to the Administrator which identifies 
the reason for the noncompliance of the vehicles, describes the proposed 
remedy, including a description of any proposed quality control and/or 
quality assurance measures to be taken by the manufacturer to prevent 
the future occurrence of the problem, and states the date on which the 
remedies will be implemented.
    (2) Demonstrate that the engine family or configuration for which 
the certificate of conformity has been suspended does in fact comply 
with the requirements of this subpart by testing vehicles selected from 
normal production runs of that engine family or configuration at the 
plant(s) or the facilities specified by the Administrator, in accordance 
with:
    (i) The conditions specified in the initial test order pursuant to 
Sec. 86.603 for a configuration suspended pursuant to paragraph (b)(1) 
or (c)(1) of this section; or
    (ii) The conditions specified in a test order pursuant to Sec. 
86.603 for an engine family or configuration suspended pursuant to 
paragraph (b)(2) or (c)(2) of this section.
    (3) If the Administrator has not revoked the certificate pursuant to 
paragraph (e) of this section and if the manufacturer elects to continue 
testing individual vehicles after suspension of a certificate, the 
certificate is reinstated for any vehicle actually determined to have 
its final deteriorated test results in conformance with the applicable 
standards through testing in accordance with the applicable test 
procedures.
    (4) In cases where the Administrator has suspended a certificate of 
conformity for a 50-state engine family or configuration pursuant to 
paragraph (b)(2) or (c)(2) of this section, manufacturers may request in 
writing that the Administrator reinstate the certificate of an engine 
family or configuration when, in lieu of the actions described in 
paragraphs (g) (1) and (2) of this section, the manufacturer has agreed 
to comply with Chapter 3 of the California Regulatory Requirements 
Applicable to the National Low Emission Vehicle Program (October, 1996), 
provided an

[[Page 26]]

Executive Order is in place for the engine family or configuration. The 
California Regulatory Requirements Applicable to the National Low 
Emission Vehicle Program (October, 1996) are incorporated by reference 
(see Sec. 86.1).
    (h) Once a certificate for a failed engine family or configuration 
has been revoked under paragraph (e) (1) or (2) of this section and the 
manufacturer desires to introduce into commerce a modified version of 
that engine family or configuration, the following actions will be taken 
before the Administrator may issue a certificate for the new engine 
family or configuration:
    (1) If the Administrator determines that the proposed change(s) in 
vehicle design may have an effect on emission performance deterioration 
and/or fuel economy, he/she shall notify the manufacturer within five 
working days after receipt of the report in paragraph (g)(1) of this 
section or after receipt of information pursuant to paragraph (g)(4) of 
this section whether subsequent testing under this subpart will be 
sufficient to evaluate the proposed change(s) or whether additional 
testing will be required.
    (2) After implementing the change(s) intended to remedy the 
nonconformity, the manufacturer shall demonstrate:
    (i) If the certificate was revoked pursuant to paragraph (e)(1) of 
this section, that the modified vehicle configuration does in fact 
conform with the requirements of this subpart by testing vehicles 
selected from normal production runs of that modified vehicle 
configuration in accordance with the conditions specified in the initial 
test order pursuant to Sec. 86.603. The Administrator shall consider 
this testing to satisfy the testing requirements of Sec. 86.079-32 or 
Sec. 86.079-33 if the Administrator had so notified the manufacturer. 
If the subsequent testing results in a pass decision pursuant to the 
criteria in Sec. 86.610-96(c), the Administrator shall reissue or amend 
the certificate, if necessary, to include that configuration: Provided, 
that the manufacturer has satisfied the testing requirements specified 
in paragraph (h)(1) of this section. If the subsequent audit results in 
a fail decision pursuant to the criteria in Sec. 86.610(c), the 
revocation remains in effect. Any design change approvals under this 
subpart are limited to the modification of the configuration specified 
by the test order.
    (ii) If the certificate was revoked pursuant to paragraph (e)(2) of 
this section, that the modified engine family or configuration does in 
fact conform with the requirements of this subpart by testing vehicles 
selected from normal production runs of that modified engine family or 
configuration in accordance with the conditions specified in a test 
order pursuant to Sec. 86.603. The Administrator shall consider this 
testing to satisfy the testing requirements of Sec. 86.079-32 or Sec. 
86.079-33 if the Administrator had so notified the manufacturer. If the 
subsequent testing results in a pass decision pursuant to Sec. 
86.610(c), the Administrator shall reissue or amend the certificate as 
necessary: Provided, That the manufacturer has satisfied the testing 
requirements specified in paragraph (h)(1) of this section. If the 
subsequent testing results in a fail decision pursuant to Sec. 
86.610(c), the revocation remains in effect. Any design change approvals 
under this subpart are limited to the modification of engine family or 
configuration specified by the test order.
    (3) In cases where the Administrator has revoked a certificate of 
conformity for a 50-state engine family or configuration pursuant to 
paragraph (e)(2) of this section, manufacturers may request in writing 
that the Administrator reissue the certificate of an engine family or 
configuration when, in lieu of the actions described in paragraphs (h) 
(1) and (2) of this section, the manufacturer has complied with Chapter 
3 of the California Regulatory Requirements Applicable to the National 
Low Emission Vehicle Program (October, 1996), provided an Executive 
Order is in place for the engine family or configuration. The California 
Regulatory Requirements Applicable to the National Low Emission Vehicle 
Program (October, 1996) are incorporated by reference (see Sec. 86.1).
    (i) A manufacturer may at any time subsequent to an initial 
suspension of a certificate of conformity with respect to a test vehicle 
pursuant to paragraph (a) of this section, but not later than fifteen 
(15) days or such other period as may be allowed by the Administrator

[[Page 27]]

after notification of the Administrator's decision to suspend or revoke 
a certificate of conformity in whole or in part pursuant to paragraph 
(b), (c) or (e) of this section, request that the Administrator grant 
such manufacturer a hearing as to whether the tests have been properly 
conducted or any sampling methods have been properly applied.
    (j) After the Administrator suspends or revokes a certificate of 
conformity pursuant to this section or notifies a manufacturer of his 
intent to suspend, revoke or void a certificate of conformity under 
Sec. 86.084-30(d), and prior to the commencement of a hearing under 
Sec. 86.614, if the manufacturer demonstrates to the Administrator's 
satisfaction that the decision to suspend, revoke or void the 
certificate was based on erroneous information, the Administrator shall 
reinstate the certificate.
    (k) To permit a manufacturer to avoid storing non-test vehicles when 
conducting testing of an engine family or configuration subsequent to 
suspension or revocation of the certificate of conformity for that 
engine family or configuration pursuant to paragraph (b), (c), or (e) of 
this section, the manufacturer may request that the Administrator 
conditionally reinstate the certificate for that engine family or 
configuration. The Administrator may reinstate the certificate subject 
to the condition that the manufacturer consents to recall all vehicles 
of that engine family or configuration produced from the time the 
certificate is conditionally reinstated if the engine family or 
configuration fails the subsequent testing and to remedy any 
nonconformity at no expense to the owner.

[62 FR 31236, June 6, 1997]



Sec. 86.614-84  Hearings on suspension, revocation, and voiding of 

certificates of conformity.

    (a) Applicability. The procedures prescribed by this section apply 
whenever a manufacturer requests a hearing under Sec. 86.084-
30(d)(6)(i), Sec. 86.084-30(d)(7), or Sec. 86.612(i).
    (b) Definitions. The following definitions shall be applicable to 
this section:
    (1) Hearing Clerk shall mean the Hearing Clerk of the Environmental 
Protection Agency.
    (2) Manufacturer refers to a manufacturer contesting a suspension or 
revocation order directed at the manufacturer.
    (3) Party shall include the Agency and the manufacturer.
    (4) Presiding Officer shall mean an Administrative Law Judge 
appointed pursuant to 5 U.S.C. 3105 (see also 5 CFR part 930 as 
amended).
    (5) Environmental Appeals Board shall mean the Board within the 
Agency described in section 1.25 of this title. The Administrator 
delegates to the Environmental Appeals Board authority to issue final 
decisions in appeals filed under this subpart. Appeals directed by 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.
    (c) Request for public hearing. (1) If the manufacturer disagrees 
with the Administrator's decision to suspend, revoke, or void a 
certificate or disputes the basis for an automatic suspension under 
Sec. 86.612(a), it may request a public hearing as described in this 
section. Requests for such a hearing shall be filed with the 
Administrator not later than 15 days after the Administrator's 
notification of his decision to suspend or revoke 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. Subsequent to the 
expiration of the period for requesting a hearing

[[Page 28]]

as of right, the Administrator may, in his discretion and for good cause 
shown, grant the manufacturer a hearing to contest the suspension or 
revocation.
    (2) The request for a public hearing shall contain:
    (i) A statement as to which vehicle configurations or engine 
families 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 vehicle configuration or engine 
family or vehicle for which the manufacturer has requested the hearing: 
Provided, however, That in the case of a hearing request under paragraph 
Sec. 86.612(i), the hearing is restricted to the following issues:
    (A) Whether tests were conducted in accordance with applicable 
regulations under this part;
    (B) Whether test equipment was properly calibrated and functioning;
    (C) Whether sampling procedures specified in appendix XI of this 
part were followed; and
    (D) Whether there exists a basis for distinguishing vehicles 
produced at plants other than the one from which vehicles were selected 
which would invalidate the Administrator's decision under Sec. 
86.612(c);
    (iii) A statement specifying reasons the manufacturer believes he 
will prevail on the merits on each of the issues so raised; and
    (iv) A summary of the evidence which supports the manufacturer's 
position 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.
    (d) Summary decision. (1) In the case of a hearing requested under 
Sec. 86.612(i), when it clearly appears from the data and other 
information contained in the request for a hearing that there is no 
genuine and substantial question of fact with respect to the issues 
specified in Sec. 86.614(c)(2)(ii), the Administrator shall enter an 
order denying the request for a hearing. In addition, if the original 
decision to suspend or revoke a certificate of conformity was made under 
Sec. 86.612(d) prior to the decision to deny the request for a hearing, 
the order denying the request will reaffirm the suspension or 
revocation.
    (2) In the case of a hearing requested under Sec. 86.084-
30(d)(6)(i), to challenge a proposed suspension of a certificate of 
conformity for the reasons specified in Sec. 86.084-30(d)(1) (i) or 
(ii), when it clearly appears from the data and other information 
contained in the request for a hearing that there is no genuine and 
substantial question of fact with respect to the issue of whether the 
refusal to comply with the provisions of a test order or any other 
requirement of Sec. 86.603 was caused by conditions and circumstances 
outside the control of the manufacturer, the Administrator will enter an 
order denying the request for a hearing, and suspending the certificate 
of conformity.
    (3) Any order issued under paragraph (d) (1) or (2) of this section 
shall have the force and effect of a final decision of the 
Administrator, as issued pursuant to paragraph (w)(4) of this section.
    (4) If the Administrator determines that a genuine and substantial 
question of fact does exist with respect to any of the issues referred 
to in paragraphs (d)(1) and (2) of this section, he shall grant the 
request for a hearing and publish a notice of public hearing in 
accordance with paragraph (h) of this section.
    (e) 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 (h) of this section.
    (2) To the maximum extent possible, testimony shall be presented in 
written form. Copies of written testimony shall be served upon all 
parties as soon as practicable prior to the start of the hearing. A 
certificate of service shall be provided on or accompany each document 
or paper filed with the Hearing Clerk. Documents to be served upon

[[Page 29]]

the Director of the Manufacturers Operations Division shall be sent by 
registered mail to: Director, Manufacturers Operations Division, U.S. 
Environmental Protection Agency (EN-340), 1200 Pennsylvania Ave., NW., 
WSM, Washington, DC 20460. Service by registered mail is complete upon 
mailing.
    (f) 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.
    (g) 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.
    (h) Notice of public hearings. (1) Notice of a public hearing under 
this section shall be given by publication in the Federal Register and 
by such other means as the Administrator finds appropriate to provide 
notice to the public. To the extent possible hearings under this section 
shall be scheduled to commence within 14 days of receipt of the 
application in paragraph (c) of this section.
    (i) Amicus curiae. Persons not parties to the proceeding 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. 
sections 554, 556 and 557 and 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 exclude irrelevant or 
repetitious material;
    (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;
    (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 on 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 of the time 
and location of any such conference. At the discretion of the Presiding 
Officer, persons other

[[Page 30]]

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 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: and
    (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.

[[Page 31]]

    (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 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 for 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 considers 
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 therefore, shall set forth the relief or order 
sought, and shall be filed with the Hearing Clerk and served upon all 
parties.
    (2) Within such 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

[[Page 32]]

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 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 
cross-examine 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) Record. (1) Hearings shall be stenographically reported and 
transcribed and the original transcripts 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, except as provided in paragraph (n) of this 
section, 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.
    (r) Proposed findings, conclusions. (1) Within 4 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 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 upon.
    (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.
    (s) 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 14 days (or within 7 days in 
the case of a hearing requested under Sec. 86.612(i)) after the period 
for filing proposed findings as provided for in paragraph (r) of this 
section has expired.
    (2) The Presiding Officer's decision shall become the decision of 
the Environmental Appeals Board (i) when no notice of intention to 
appeal as described in paragraphs (t) and (u) of this section is filed, 
10 days after 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 paragraphs (t) or 
(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 therefore, 
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

[[Page 33]]

may reopen the proceeding for the reception of further evidence. Except 
for the correction of clerical errors, the jurisdication of the 
Presiding Officer is terminated upon the issuance of his decision.
    (t) 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 20 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 15 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: Provided, 
however, That in the case of a hearing requested under Sec. 86.612(i), 
the brief shall be restricted to the issues specified in paragraph 
(c)(2)(ii) of this section;
    (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 order for the Environmental Appeals Board's 
consideration if different from the 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 shall be allowed only in the discretion of the 
Environmental Appeals Board.
    (u) Summary appeal. (1) In the case of a hearing requested under 
Sec. 86.612(i), any appeal taken from the decision of the Presiding 
Officer shall be conducted under this paragraph.
    (2) Any party to the proceeding may appeal the Presiding Officer's 
decision to the Environmental Appeals Board by filing a notice of appeal 
within 10 days.
    (3) The notice appeal shall be in the form of a brief, and shall 
conform to the requirements of paragraph (t)(3) of this section.
    (4) Within 10 days after a notice of appeal from the decision of the 
Presiding Officer is filed under this paragraph, any party may file a 
brief with respect to such appeal.
    (5) No brief in excess of 15 pages shall be filed without leave 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 (t) or (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 the decision of the 
Presiding Officer has been filed, or if filed, not perfected pursuant to 
paragraph (t) or (u) of this section, may, on its own motion, within the 
time limits specified in paragraph (s)(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 issues which shall be considered and shall make 
provision for filing of briefs.
    (w) Decision of 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, 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 order 
contained in the decision of the Presiding Officer and shall

[[Page 34]]

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 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.
    (4) Any decision rendered under this paragraph which completes 
disposition of a case shall be a final decision of the Environmental 
Appeals Board.
    (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 final order and upon which the 
petitioner had no opportunity to argue before the Presiding Officer or 
the Environmental Appeals Board; Provided, however, That in the case of 
a hearing requested under Sec. 86.612(i) such new questions shall be 
limited to the issues specified in paragraph (c)(2)(ii) of this section. 
Any party desiring to oppose such a petition shall file an 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, for any of the following reasons:
    (i) Failure to state a claim upon which relief can be granted, or 
direct or collateral estoppel;
    (ii) The lack of any genuine issue of material fact, causing a party 
to be 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 (s) 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 (t) and (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 paragraphs (t) and (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 rendering of a 
final decision by the Environmental Appeals Board.
    (aa) Judicial review. (1) The Administrator hereby designates the 
General

[[Page 35]]

Counsel, Environmental Protection Agency as the officer upon 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.

[41 FR 31483, July 28, 1976, as amended at 43 FR 4553, Feb. 2, 1978; 44 
FR 61962, Oct. 29, 1979. Redesignated and amended at 49 FR 48484, Dec. 
12, 1984, and further redesignated at 54 FR 2123, Jan. 19, 1989; 57 FR 
5330, Feb. 13, 1992]



Sec. 86.615-84  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 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 34798, Aug. 27, 1985. Redesignated at 54 FR 2123, Jan. 19, 1989, 
and amended at 57 FR 5332, Feb. 13, 1992]



 Subpart H_General Provisions for In-Use Emission Regulations for 1994 
     and Later Model Year Light-Duty Vehicles and Light-Duty Trucks

    Source: 56 FR 25781, June 5, 1991, unless otherwise noted.



Sec. 86.701-94  General applicability.

    (a) The provisions of this subpart apply to: 1994 through 2003 model 
year Otto-cycle and diesel light-duty vehicles; 1994 through 2003 model 
year Otto-cycle and diesel light-duty trucks; and 1994 and later model 
year Otto-cycle and diesel heavy-duty engines; and 2001 and later model 
year Otto-cycle heavy-duty vehicles and engines certified under the 
provisions of subpart S of this part. The provisions of subpart B of 
this part apply to this subpart. The provisions of Sec. 86.1811-
04(a)(5) and (p) apply to 2004 and later model year light-duty vehicles, 
light-duty trucks, and medium duty passenger vehicles.
    (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 heavy-duty vehicles and 
engines under the provisions of subpart S of this part.

[65 FR 59957, Oct. 6, 2000, as amended at 72 FR 8561, Feb. 26, 2007]



Sec. 86.702-94  Definitions.

    The definitions in subparts A and B of this part apply to this 
subpart.



Sec. 86.703-94  Abbreviations.

    The abbreviations in subparts A and B of this part apply to this 
subpart.



Sec. 86.704-94  Section numbering; construction.

    Section 86.104 of subpart B applies to this subpart.

[[Page 36]]



Sec. Sec. 86.705-94--86.707-94  [Reserved]



Sec. 86.708-94  In-use emission standards for 1994 and later model year light-

duty vehicles.

    Section 86.708-94 includes text that specifies requirements that 
differ from Sec. 86.090-8 of subpart A of this part. Where a paragraph 
in Sec. 86.090-8 is identical and applicable to Sec. 86.708-94, this 
may be indicated by specifying the corresponding paragraph and the 
statement ``[Reserved]. For guidance see Sec. 86.090-8.'' Where a 
corresponding paragraph of Sec. 86.090-8 is not applicable, this is 
indicated by the statement ``[Reserved].''
    (a)(1) Standards. (i) In-use exhaust emissions from 1994 and later 
model year light-duty vehicles shall meet all standards in tables H94-3 
and H94-4 in the rows designated with the applicable fuel type, 
according to the implementation schedules in tables H94-1 and H94-2, and 
shall meet all standards in tables H94-6 and H94-7 in the rows 
designated with the applicable fuel type, according to the 
implementation schedules in table H94-5, as follows:
    (A)(1)(i) For model years 1994 and 1995, a minimum of the percentage 
shown in table H94-1 of a manufacturer's sales of the applicable model 
year's light-duty vehicles shall not exceed the applicable Tier 
1I standards in table H94-3. The remaining vehicles, if any, 
shall not exceed the applicable Tier 0 standards in table H94-3.
    (ii) For model years 1996 and beyond, a minimum of the percentages 
shown in table H94-2 of a manufacturer's sales of the applicable model 
year's light-duty vehicles shall not exceed the applicable Tier 1 
standards in tables H94-3 and H94-4. The remaining vehicles, if any, 
shall not exceed the applicable Tier 1I standards in table 
H94-3.
    (2) Particulates. For in-use exhaust emissions for model years 1994 
and later, a minimum of the percentage shown in table H94-5 of a 
manufacturer's sales of the applicable model year's light-duty vehicles 
shall not exceed the applicable Tier 1 standards in tables H94-6 and 
H94-7. The remaining vehicles, if any, shall not exceed the applicable 
Tier 0 standards in table H94-6.
    (3) Optionally, compliance with the Tier 1I and Tier 1 
implementation schedules of this section may be based on the combined 
sales of light-duty vehicles and light light-duty trucks, if such option 
was taken for certification as allowed in Sec. Sec. 86.094-8 and 
86.094-9 of subpart A of this part. Vehicles meeting Tier 1I 
in-use standards shall only be combined for this purpose with other 
vehicles meeting Tier 1I standards, and those meeting Tier 1 
standards shall only be combined with those meeting the Tier 1 
standards.

Table H94-1--Implementation Schedule for Light-Duty Vehicles for HCs, CO
                                 and NOX
------------------------------------------------------------------------
                                                               Tier 1I
                         Model year                           percentage
------------------------------------------------------------------------
1994.......................................................           40
1995.......................................................           80
1996.......................................................           60
1997.......................................................           20
After 1997.................................................            0
------------------------------------------------------------------------


Table H94-2--Implementation Schedule for Light-Duty Vehicles for HCs, CO
                                 and NOX
------------------------------------------------------------------------
                                                                Tier 1
                         Model year                           percentage
------------------------------------------------------------------------
1994.......................................................            0
1995.......................................................            0
1996.......................................................           40
1997.......................................................           80
After 1997.................................................          100
------------------------------------------------------------------------


[[Page 37]]


      Table H94-3--Intermediate Useful Life\1\ Standards (g/mi) for Light-Duty Vehicles for HCs, CO and NOX
----------------------------------------------------------------------------------------------------------------
                Fuel                        Standards          THC    NMHC    THCE      NMHCE       CO      NOX
----------------------------------------------------------------------------------------------------------------
Gasoline...........................  Tier 0................    0.41  ......  ......  ...........     3.4     1.0
Gasoline...........................  Tier 1I...............    0.41    0.32  ......  ...........     3.4     0.4
Gasoline...........................  Tier 1................    0.41    0.25  ......  ...........     3.4     0.4
Diesel.............................  Tier 0................    0.41  ......  ......  ...........     3.4     1.0
Diesel.............................  Tier 1I...............    0.41    0.32  ......  ...........     3.4     1.0
Diesel.............................  Tier 1................    0.41    0.25  ......  ...........     3.4     1.0
Methanol...........................  Tier 0................  ......  ......    0.41  ...........     3.4     1.0
Methanol...........................  Tier 1I...............  ......  ......    0.41         0.32     3.4     0.4
Methanol...........................  Tier 1................  ......  ......    0.41         0.25     3.4     0.4
Natural Gas........................  Tier 0................  ......    0.34  ......  ...........     3.4     1.0
Natural Gas........................  Tier 1I...............  ......    0.32  ......  ...........     3.4     0.4
Natural Gas........................  Tier 1................  ......    0.25  ......  ...........     3.4     0.4
LPG................................  Tier 0................    0.41  ......  ......  ...........     3.4     1.0
LPG................................  Tier 1I...............    0.41    0.32  ......  ...........     3.4     0.4
LPG................................  Tier 1................    0.41    0.25  ......  ...........     3.4     0.4
----------------------------------------------------------------------------------------------------------------
\1\ The applicable useful life is 5 years or 50,000 miles, whichever first occurs.


         Table H94-4--Full Useful Life \1\ Standards (g/mi) for Light-Duty Vehicles for HCs, CO and NOX
----------------------------------------------------------------------------------------------------------------
                Fuel                        Standards          THC    NMHC    THCE      NMHCE       CO      NOX
----------------------------------------------------------------------------------------------------------------
Gasoline...........................  Tier 0................  ......  ......  ......  ...........  ......  ......
Gasoline...........................  Tier 1................  ......    0.31  ......  ...........     4.2    0.60
Diesel.............................  Tier 0................  ......  ......  ......  ...........  ......  ......
Diesel.............................  Tier 1................  ......    0.31  ......  ...........     4.2    1.25
Methanol...........................  Tier 0................  ......  ......  ......  ...........  ......  ......
Methanol...........................  Tier 1................  ......  ......  ......         0.31     4.2    0.60
Natural Gas........................  Tier 0................  ......  ......  ......  ...........  ......  ......
Natural Gas........................  Tier 1................  ......    0.31  ......  ...........     4.2    0.60
LPG................................  Tier 0................  ......  ......  ......  ...........  ......  ......
LPG................................  Tier 1................  ......    0.31  ......  ...........     4.2    0.60
----------------------------------------------------------------------------------------------------------------
\1\ The applicable useful life is 10 years or 100,000 miles, whichever first occurs, except that no enforcement
  testing will be done beyond 7 years or 75,000 miles, whichever first occurs.


   Table H94-5--Implementation Schedule for Light-Duty Vehicles for PM
------------------------------------------------------------------------
                                                                Tier 1
                         Model year                           percentage
------------------------------------------------------------------------
1994.......................................................           40
1995.......................................................           80
After 1995.................................................          100
------------------------------------------------------------------------


  Table H94-6--Intermediate Useful Life \1\ Standards (g/mi) for Light-
                          Duty Vehicles for PM
------------------------------------------------------------------------
                  Fuel                           Standards           PM
------------------------------------------------------------------------
Gasoline...............................  Tier 0..................  .....
Gasoline...............................  Tier 1..................   0.08
Diesel.................................  Tier 0..................   0.20
Diesel.................................  Tier 1..................   0.08
Methanol...............................  Tier 0..................  \2\
                                                                    0.20
Methanol...............................  Tier 1..................  10.08
Natural Gas............................  Tier 0..................  \2\
                                                                    0.20
Natural Gas............................  Tier 1..................   0.08
LPG....................................  Tier 0..................  \2\
                                                                    0.20
LPG....................................  Tier 1..................   0.08
------------------------------------------------------------------------
\1\ The applicable useful life is 5 years or 50,000 miles, whichever
  first occurs.
\2\ Applicable only to diesel-cycle vehicles.


    Table H94-7--Full Useful Life \1\ Standards (g/mi) for Light-Duty
                             Vehicles for PM
------------------------------------------------------------------------
                 Fuel                           Standards           PM
------------------------------------------------------------------------
Gasoline..............................  Tier 0..................  ......
Gasoline..............................  Tier 1..................    0.10
Diesel................................  Tier 0..................  ......

[[Page 38]]

 
Diesel................................  Tier 1..................    0.10
Methanol..............................  Tier 0..................  ......
Methanol..............................  Tier 1..................    0.10
Natural Gas...........................  Tier 0..................  ......
Natural Gas...........................  Tier 1..................    0.10
LPG...................................  Tier 0..................  ......
LPG...................................  Tier 1..................    0.10
------------------------------------------------------------------------
\1\ The applicable useful life is 10 years or 100,000 miles, whichever
  first occurs, except that no enforcement testing will be done beyond 7
  years or 75,000 miles, whichever first occurs.

    (B)(1)(i) Sales percentages for the purposes of determining 
compliance with paragraph (a)(1)(i) of this section shall be based on 
total actual U.S. sales of light-duty vehicles 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)(3) 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 H94-1, H94-2 and H94-5 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 vehicles that are counted toward the implementation 
schedule sales percentage, or toward the total on which such percentage 
is based, for certification purposes as prescribed by Sec. 86.094-8 
(a)(1)(i)(B)(1)(iii) of subpart A of this part, shall be the same 
vehicles that are counted toward the implementation schedule sales 
percentage, or the total on which it is based, for in-use purposes.
    (iv) Small volume manufacturers, as defined in Sec. 86.092-14 (b) 
(1) and (2), are exempt from the implementation schedules of tables H94-
1 and H94-2 of this section for model years 1994 through 1997, and from 
the implementation schedule of table H94-5 of this section for model 
years 1994 and 1995. For small volume manufacturers, Tier 0 standards of 
table H94-6 continue to apply until model year 1996 and Tier 0 standards 
of table H94-3 continue to apply until model year 1998, when one hundred 
percent compliance with the Tier 1 standards of tables H94-3, H94-4, 
H94-6, and H94-7 is required. This exemption does not apply to small 
volume engine families as defined in Sec. 86.092-14 (b)(5).
    (2)(i) For 1994 and 1995 model year light-duty vehicles, the engine 
families which comprise the required implementation schedule percentage 
of sales meeting Tier 1 standards for HCs, CO, and NOX, for 
purposes of certification, shall be the same engine families which 
comprise the required implementation schedule percentage of sales 
meeting the interim in-use standards (labeled ``Tier 1I'' in 
the tables of in-use standards) for in-use purposes.
    (ii) For 1996 and 1997 model year light-duty vehicles the engine 
families which comprise the required implementation schedule percentage 
of sales meeting interim in-use standards (labeled ``Tier 
1I'' in the tables of in-use standards) and final in-use 
standards (labeled ``Tier 1'' in the tables of in-use standards) 
respectively, for HCs, CO, and NOX, for in-use purposes, 
shall be designated by the manufacturer at the time of Application for 
Certification.
    (iii) For 1994 and 1995 model year light-duty vehicles, the engine 
families

[[Page 39]]

which comprise the required implementation schedule percentage of sales 
meeting Tier 1 standards, for PM, for purposes of certification, shall 
be the same engine families which comprise the required implementation 
schedule percentage of sales meeting the final in-use standards (labeled 
``Tier 1'' in the tables of in-use standards) for PM for in-use 
purposes.
    (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 in-use purposes.
    (4) A manufacturer cannot use one set of engine families to meet its 
in-use intermediate useful life standards and another to meet its in-use 
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) Engine families participating in the particulate averaging 
program as specified in Sec. 86.094-8 (a)(1)(ii) shall be subject, for 
purposes of in-use compliance, to the particulate family emission limit 
determined for that engine family for certification purposes, in lieu of 
the appropriate particulate standard shown in the tables of in-use 
standards in this section.
    (iii) CST emissions from model year 1996 and later 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: 220 ppm as hexane.
    (B) Carbon monoxide: 1.2 percent.
    (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) The provisions of Sec. 86.090-8(b) through (h) of subpart A of 
this part apply to this section. The provisions of Sec. 86.096-8(i) 
through (k) of subpart A of this part apply to this section.

[56 FR 25781, June 5, 1991, as amended at 57 FR 31922, July 17, 1992; 58 
FR 33211, June 16, 1993; 58 FR 58424, Nov. 1, 1993; 59 FR 33913, July 1, 
1994; 59 FR 48515, Sept. 21, 1994]



Sec. 86.708-98  In-use emission standards for 1998 and later model year light-

duty vehicles.

    Section 86.708-98 includes text that specifies requirements that 
differ from Sec. 86.090-8 of subpart A of this part. Where a paragraph 
in Sec. 86.090-8 is identical and applicable to Sec. 86.708-98, this 
may be indicated by specifying the corresponding paragraph and the 
statement ``[Reserved]. For guidance see Sec. 86.090-8.'' Where a 
corresponding paragraph of Sec. 86.090-8 is not applicable, this is 
indicated by the statement ``[Reserved].''
    (a)(1)(i) In-use exhaust emissions from 1998 and later model year 
light-duty vehicles shall meet all standards in tables H98-1 and H98-2 
in the rows designated with the applicable fuel type.

               Table H98-1--Intermediate Useful Life \1\ 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
----------------------------------------------------------------------------------------------------------------
\1\ The applicable useful life is 5 years or 50,000 miles, whichever first occurs.


[[Page 40]]


                   Table H98-2--Full Useful Life \1\ 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
----------------------------------------------------------------------------------------------------------------
\1\ The applicable useful life is 10 years or 100,000 miles, whichever first occurs, except that no enforcement
  testing will be done beyond 7 years or 75,000 miles, whichever first occurs.

    (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 cannot use one set of engine families to meet its 
in-use intermediate useful life standards and another to meet its in-use 
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: 220 ppm as hexane.
    (B) Carbon monoxide: 1.2 percent.
    (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. 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) The provisions of Sec. 86.090-8 (b) through (h) of subpart A of 
this part apply to this section. The provisions of Sec. 86.096-8 (i) 
through (j) of subpart A of this part apply to this section.

[56 FR 25781, June 5, 1991, as amended at 58 FR 58424, Nov. 1, 1993; 59 
FR 33913, July 1, 1994; 59 FR 48516, Sept. 21, 1994]



Sec. 86.709-94  In-use emission standards for 1994 and later model year light-

duty trucks.

    Section 86.709-94 includes text that specifies requirements that 
differ from Sec. 86.091-9 of subpart A of this part. Where a paragraph 
in Sec. 86.091-9 is identical and applicable to Sec. 86.709-94, this 
may be indicated by specifying the corresponding paragraph and the 
statement ``[Reserved]. For guidance see Sec. 86.091-9.'' Where a 
corresponding paragraph of Sec. 86.091-9 is not applicable, this is 
indicated by the statement ``[Reserved].''
    (a)(1) Standards--(i) Light light-duty trucks. In-use exhaust 
emissions from 1994 and later model year light light-duty trucks shall 
meet all standards in tables H94-9 and H94-10 in the rows designated 
with the applicable fuel type and loaded vehicle weight, according to 
the implementation schedule in table H94-8, and shall meet all standards 
in tables H94-12 and H94-13 in the rows designated with the applicable 
fuel type and loaded vehicle weight, according to the implementation 
schedules in table H94-11, as follows:
    (A)(1)(i) For model year 1994 and 1995, a minimum of the respective 
percentages shown in the Tier 1I column of table H94-8 of a 
manufacturer's sales of the applicable model year's light light-duty 
trucks shall not exceed the applicable Tier 1I standards in 
tables H94-9 and H94-10. The remaining vehicles, if any, shall not 
exceed the applicable Tier 0 standards in tables H94-9 and H94-10.
    (ii) For model years 1996 and 1997, a minimum of the percentages 
shown in the Tier 1 percentage column of table H94-8 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 H94-9 and H94-10, and 
the remaining vehicles,

[[Page 41]]

if any, shall not exceed the applicable Tier 1I standards in 
tables H94-9 and H94-10.
    (iii) For model year 1998 and beyond, a minimum of the percentage 
shown in the Tier 1 percentage column of table H94-8 of a manufacturer's 
sales of the applicable model year's light light-duty trucks shall not 
exceed the applicable Tier 1 standards in tables H94-9 and H94-10.
    (2) Particulates. For in-use exhaust emissions for 1994 and later, a 
minimum of the percentage shown in table H94-11 of a manufacturer's 
sales of the applicable model year's light light-duty trucks shall not 
exceed the applicable Tier 1 standards in tables H94-12 and H94-13. The 
remaining light light-duty trucks, if any, shall not exceed the 
applicable Tier 0 standards in tables H94-12 and H94-13.
    (3) Optionally, compliance with the Tier 1I and Tier 1 
implementation schedules of this section may be based on the combined 
sales of light-duty vehicles and light light-duty trucks, if such option 
was taken for certification as allowed in Sec. 86.094-8 and Sec. 
86.094-9 of subpart A of this part. Vehicles meeting Tier 1I 
in-use standards shall only be combined for this purpose with other 
vehicles meeting Tier 1I standards, and those meeting Tier 1 
standards shall only be combined with those meeting the Tier 1 
standards.

  Table H94-8--Implementation Schedule for Light Light-Duty Trucks for
                             HCs, CO and NOX
------------------------------------------------------------------------
                                                  Tier 1I       Tier 1
                  Model year                     percentage   percentage
------------------------------------------------------------------------
1994..........................................           40            0
1995..........................................           80            0
1996..........................................           60           40
1997..........................................           20           80
1998..........................................            0          100
------------------------------------------------------------------------


                       Table H94-9--Intermediate Useful Life \1\ 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....................       0.80  .........  .........  .........        10          1.2
Gasoline...................................       0-3750  Tier 1....................       0.80       0.32  .........  .........         5.2        0.4
Gasoline...................................       0-3750  Tier 1....................       0.80       0.25  .........  .........         3.4        0.4
Gasoline...................................    3751-5750  Tier 0....................       0.80  .........  .........  .........        10          1.7
Gasoline...................................    3751-5750  Tier 11...................       0.80       0.41  .........  .........         6.7        0.7
Gasoline...................................    3751-5750  Tier 1....................       0.80       0.32  .........  .........         4.4        0.7
Diesel.....................................       0-3750  Tier 0....................       0.80  .........  .........  .........        10          1.2
Diesel.....................................       0-3750  Tier 11...................       0.80       0.32  .........  .........         5.2        1.2
Diesel.....................................       0-3750  Tier 1....................       0.80       0.25  .........  .........         3.4        1.0
Diesel.....................................    3751-5750  Tier 0....................       0.80  .........  .........  .........        10          1.7
Diesel.....................................    3751-5750  Tier 11...................       0.80       0.41  .........  .........         6.7        1.7
Diesel.....................................    3751-5750  Tier 1....................       0.80       0.32  .........  .........         4.4        0.97
Methanol...................................       0-3750  Tier 0....................  .........  .........       0.80  .........        10          1.2
Methanol...................................       0-3750  Tier 11...................  .........  .........       0.80       0.32         5.2        0.4
Methanol...................................       0-3750  Tier 1....................  .........  .........       0.80       0.25         3.4        0.4
Methanol...................................    3751-5750  Tier 0....................  .........  .........       0.80  .........        10          1.7
Methanol...................................    3751-5750  Tier 11...................  .........  .........       0.80       0.41         6.7        0.7
Methanol...................................    3751-5750  Tier 1....................  .........  .........       0.80       0.32         4.4        0.7
Natural Gas................................       0-3750  Tier 0....................  .........       0.67  .........  .........        10          1.2
Natural Gas................................       0-3750  Tier 11...................  .........       0.32  .........  .........         5.2        0.4
Natural Gas................................       0-3750  Tier 1....................  .........       0.25  .........  .........         3.4        0.4
Natural Gas................................    3751-5750  Tier 0....................  .........       0.67  .........  .........        10          1.7
Natural Gas................................    3751-5750  Tier 11...................  .........       0.41  .........  .........         6.7        0.7
Natural Gas................................    3751-5750  Tier 1....................  .........       0.32  .........  .........         4.4        0.7
LPG........................................       0-3750  Tier 0....................       0.80  .........  .........         10         1.2
LPG........................................       0-3750  Tier 11...................       0.80       0.32  .........  .........         5.2        0.4
LPG........................................       0-3750  Tier 1....................       0.80       0.25  .........  .........         3.4        0.4
LPG........................................    3751-5750  Tier 0....................       0.80  .........  .........         10         1.7
LPG........................................    3751-5750  Tier 11...................       0.80       0.41  .........        6.7         0.7
LPG........................................    3751-5750  Tier 1....................       0.80       0.32  .........  .........         4.4        0.7
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The applicable useful life is 5 years or 50,000 miles, whichever first occurs.


[[Page 42]]


                             Table H94-10--Full Useful Life Standards (g/mi) for Light Light-Duty Trucks for HCs, CO and NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
                    Fuel                      LVW (lbs)            Standards            THC\2\    NMHC\1\    THCE\2\    NMHCE\1\     CO\1\      NOX\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gasoline...................................       0-3750  Tier 0....................       0.80  .........  .........  .........        10          1.2
Gasoline...................................       0-3750  Tier 1....................       0.80       0.31  .........  .........         4.2        0.60
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        0.60
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....................       2.93       0.67  .........  .........        10          1.2
Natural Gas................................       0-3750  Tier 1....................       2.93       0.31  .........  .........         4.2        0.60
Natural Gas................................    3751-5750  Tier 0....................       2.93       0.67  .........  .........        10          1.7
Natural Gas................................    3751-5750  Tier 1....................       2.93       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        0.60
LPG........................................    3751-5750  Tier 0....................       0.80  .........  .........  .........        10          1.7
LPG........................................    3751-5750  Tier 1....................       0.08       0.40  .........  .........         5.5        0.97
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The applicable useful life is 10 years or 100,000 miles, which ever first occurs, except that no enforcement testing will be done beyond 7 years or
  75,000 miles, whichever first occurs.
\2\ The applicable useful life is 11 years or 120,000 miles, whichever first occurs.


Table H94-11--Implementation Schedule for Light Light-Duty Trucks for PM
------------------------------------------------------------------------
                                                                Tier 1
                         Model year                           percentage
------------------------------------------------------------------------
1994.......................................................           0%
1995.......................................................          40%
1996.......................................................          80%
after 1996.................................................         100%
------------------------------------------------------------------------


  Table H94-12--Intermediate Useful Life \1\ 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.........       0.26
Diesel........................  0-3750        Tier 1.........       0.08
Diesel........................  3751-5750     Tier 0.........       0.13
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.........   \2\ 0.26
Natural Gas...................  0-3750        Tier 1.........       0.08
Natural Gas...................  3751-5750     Tier 0.........   \2\ 0.13
Natural Gas...................  3751-5750     Tier 1.........       0.08
LPG...........................  0-3750        Tier 0.........   \2\ 0.26
LPG...........................  0-3750        Tier 1.........       0.08
LPG...........................  3751-5750     Tier 0.........   \2\ 0.13
LPG...........................  3751-5750     Tier 1.........       0.08
------------------------------------------------------------------------
\1\ The applicable useful life is 5 years or 50,000 miles, whichever
  first occurs.
\2\ Applicable only to diesel-cycle vehicles.


Table H94-13--Full Useful Life \1\ 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........  ..........

[[Page 43]]

 
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........  ..........
Methanol......................  0-3750        Tier 1........        0.10
Methanol......................  3751-5750     Tier 0........  ..........
Methanol......................  3751-5750     Tier 1........        0.10
Natural Gas...................  0-3750        Tier 0........    \2\ 0.26
Natural Gas...................  0-3750        Tier 1........        0.10
Natural Gas...................  3751-5750     Tier 0........    \2\ 0.13
Natural Gas...................  3751-5750     Tier 1........        0.10
LPG...........................  0-3750        Tier 0........    \2\ 0.26
LPG...........................  0-3750        Tier 1........        0.10
LPG...........................  3751-5750     Tier 0........    \2\ 0.13
LPG...........................  3751-5750     Tier 1........        0.10
------------------------------------------------------------------------
\1\ The applicable useful life is 10 years or 100,000 miles, whichever
  first occurs, except that no enforcement testing will be done beyond 7
  years or 75,000 miles, whichever first occurs.
\2\ 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-duty vehicles 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)(3) 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. sale to be used in lieu of actual U.S. sales 
for purposes of determining compliance with the implementation schedule 
sales percentages of tables H94-8 and H94-11 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 vehicles that are counted toward the implementation 
schedule sales percentage, or toward the total on which such percentage 
is based, for certification purposes as prescribed by Sec. 86.094-
9(a)(1)(i)(B)(1)(iii) of subpart A of this part, shall be the same 
vehicles that are counted toward the implementation schedule sales 
percentage, or the total on which it is based, for in-use purposes.
    (iv) Small volume manufacturers, as defined in Sec. 86.092-14(b) 
(1) and (2), are exempt from the implementation schedules of table H94-8 
of this section for model years 1994 through 1997 and from the 
implementation schedules of table H94-11 of this section for model years 
1995 and 1996. For small volume manufacturers, Tier 0 standards of 
tables H94-9 and H94-10 continue to apply until model year 1998 and the 
Tier 0 standards of tables H94-12 and H94-13 continue to apply until 
model year 1997, when one hundred percent compliance with the Tier 1 
standards of such tables is required. This exemption does not apply to 
small volume engine families as defined in Sec. 86.092-14 (b)(5).
    (2)(i) For 1994 and 1995 model year light light-duty trucks, the 
engine families which comprise the required implementation schedule 
percentage of sales meeting Tier 1 standards for HCs, CO, and 
NOX, for purposes of certification, shall be the same engine 
families which comprise the required implementation schedule percentage 
of sales meeting the interim in-use standards

[[Page 44]]

(labeled ``Tier 1I'' in the tables of in-use standards) for 
in-use purposes.
    (ii) For 1996 and 1997 model year light light-duty trucks, the 
engine families which comprise the required implementation schedule 
percentage of sales meeting interim in-use standards (labeled ``Tier 
1I'' in the tables of in-use standards) and final in-use 
standards (labeled ``Tier 1'' in the tables of in-use standards) 
respectively, for HCs, CO, and NOX, for in-use purposes, 
shall be designated by the manufacturer at the time of certification.
    (iii) For 1995 and 1996 model year light light-duty trucks, the 
engine families which comprise the required implementation schedule 
percentage of sales meeting Tier 1 standards, for PM, for purposes of 
certification, shall be the same engine families which comprise the 
required implementation schedule percentage of sales meeting the final 
in-use standards (labeled ``Tier 1'' in the tables of in-use standards) 
for PM for in-use purposes.
    (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 in-use purposes.
    (4) A manufacturer can not use one set of engine families to meet 
its in-use intermediate useful life standards and another to meet its 
in-use 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. In-use exhaust emissions from 1994 and 
later model year heavy light-duty trucks shall meet all standards in 
tables H94-15 and H94-16 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 H94-14, 
and shall meet all standards in tables H94-18 and H94-19 in the rows 
designated with the applicable fuel type and loaded vehicle weight or 
adjusted loaded vehicle weight, as applicable, according to the 
implementation schedules in table H94-17, as follows:
    (A)(1)(i) For model years 1994 through 1997, a minimum of the 
percentage shown in the Tier 1I column of table H94-14 of a 
manufacturer's sales of the applicable model year's heavy light-duty 
trucks shall not exceed the applicable Tier 1I standards in 
tables H94-15 and H94-16. The remaining vehicles, if any, shall not 
exceed the applicable Tier 0 standards in tables H94-15 and H94-16.
    (ii) For model year 1998, a minimum of the percentage shown in table 
H94-14 of a manufacturer's sales of the applicable model year's heavy 
light-duty trucks shall not exceed the applicable Tier 1 standards in 
tables H94-15 and H94-16. The remaining vehicles shall not exceed the 
applicable Tier 1I standards in tables H94-15 and H94-16.
    (iii) For model years 1999 and later, a minimum of the percentage 
shown in table H94-14 of a manufacturer's sales of the applicable model 
year's heavy light-duty trucks shall not exceed the applicable Tier 1 
standards in tables H94-15 and H94-16.
    (2) Particulates. For in-use exhaust emissions for model year 1994 
and later, a minimum of the percentage shown in table H94-17 of a 
manufacturer's sales of the applicable model year's heavy light-duty 
trucks shall not exceed the applicable Tier 1 standards in tables H94-18 
and H94-19. The remaining heavy light-duty trucks, if any, shall not 
exceed the applicable Tier 0 standards in tables H94-18 and H94-19.

  Table H94-14--Implementation Schedule for Heavy Light-Duty Trucks for
                             HCs, CO and NOX
------------------------------------------------------------------------
                                                  Tier 1I       Tier 1
                  Model year                     percentage   percentage
------------------------------------------------------------------------
1994..........................................           0%           0%
1995..........................................           0%           0%
1996..........................................          50%           0%
1997..........................................         100%           0%
1998..........................................          50%          50%

[[Page 45]]

 
after 1998....................................           0%         100%
------------------------------------------------------------------------


                       Table H94-15--Intermediate Useful Life \1\ Standards (g/mi) for Heavy Light-Duty Trucks for HCs, CO and NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             ALVW
                    Fuel                      LVW (lbs)     (lbs)            Standards             THC        NMHC       THCE      NMHCE      CO    NOX
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gasoline...................................       0-3750  .........  Tier 0...................       0.80  .........  .........  .........     10    1.2
Gasoline...................................    .........  Tier 0...................       0.80  .........  .........  .........     10    1.7
                                                    3750
Gasoline...................................  ...........  3751-5750  Tier 1I..................       0.80       0.40  .........  .........    5.5   0.88
Gasoline...................................  ...........  3751-5750  Tier 1...................       0.80       0.32  .........  .........    4.4    0.7
Gasoline...................................  ...........    .........  Tier 0...................       0.80  .........  .........  .........     10    1.7
                                                    3750
Diesel.....................................       0-3750  3751-5750  Tier 1I..................       0.80       0.40  .........  .........    5.5    1.2
Diesel.....................................    3751-5750  Tier 1I..................       0.80       0.40  .........  .........    5.5    1.7
                                                    3750
Diesel.....................................  ...........  3751-5750  Tier 1...................       0.80       0.32  .........  .........    4.4   0.98
Diesel.....................................       0-3750      .........  Tier 0...................       0.80  .........  .........  .........     10    1.7
                                                    3750
Methanol...................................  ...........  3751-5750  Tier 1I..................  .........  .........       0.80       0.40    5.5   0.88
Methanol...................................  ...........  3751-5750  Tier 1...................  .........  .........       0.80       0.32    4.4    0.7
Methanol...................................  ...........    .........  Tier 0...................  .........       0.67  .........  .........     10    1.7
                                                    3750
Natural Gas................................  ...........  3751-5750  Tier 1I..................  .........       0.40  .........  .........    5.5   0.88
Natural Gas................................  ...........  3751-5750  Tier 1...................  .........       0.32  .........  .........    4.4    0.7
Natural Gas................................  ...........    .........  Tier 0...................       0.80  .........  .........  .........     10    1.7
                                                    3750
LPG........................................  ...........  3751-5750  Tier 1I..................       0.80       0.40  .........  .........    5.5   0.88
LPG........................................  ...........  3751-5750  Tier 1...................       0.80       0.32  .........  .........    4.4    0.7
LPG........................................  ...........    .........  Tier 0..................       0.80  .........  .........  .........     10     1.7
                                                    3750
Gasoline...................................  ...........  3751-5750  Tier 1..................       0.80       0.46  .........  .........    6.4    0.98
Gasoline...................................  ...........    .........  Tier 0..................       0.80  .........  .........  .........     10     1.7
                                                    3750
Diesel.....................................  ...........  3751-5750  Tier 1..................       0.80       0.46  .........  .........    6.4    0.98

[[Page 46]]

 
Diesel.....................................  ...........    .........  Tier 0..................  .........  .........       0.80  .........     10     1.7
                                                    3750
Methanol...................................  ...........  3751-5750  Tier 1..................  .........  .........       0.80       0.46    6.4    0.98
Methanol...................................  ...........    .........  Tier 0..................  .........       0.67  .........  .........     10     1.7
                                                    3750
Natural Gas................................  ...........  3751-5750  Tier 1..................  .........       0.46  .........  .........    6.4    0.98
Natural Gas................................  ...........    .........  Tier 0..................       0.80  .........  .........  .........     10     1.7
                                                    3750
LPG........................................  ...........  3751-5750  Tier 1..................       0.80       0.46  .........  .........    6.4    0.98
LPG........................................  ...........    ...........  Tier 0.......................  .........
                                                     3750
Gasoline....................................  ...........    3751-5750  Tier 1.......................       0.10
Gasoline....................................  ...........    Tier 1.......................       0.12
                                                                  5750
Diesel......................................       0-3750  ...........  Tier 0.......................       0.26
Diesel......................................    ...........  Tier 0.......................       0.13
                                                     3750
Diesel......................................  ...........    3751-5750  Tier 1.......................       0.10
Diesel......................................  ...........    Tier 1.......................       0.12
                                                                  5750
Methanol....................................       0-3750  ...........  Tier 0.......................  .........
Methanol....................................    ...........  Tier 0.......................  .........
                                                     3750
Methanol....................................  ...........    3751-5750  Tier 1.......................       0.10
Methanol....................................  ...........    Tier 1.......................       0.12
                                                                  5750
Natural Gas.................................       0-3750  ...........  Tier 0.......................   \2\ 0.26
Natural Gas.................................    ...........  Tier 0.......................   \2\ 0.13
                                                     3750
Natural Gas.................................  ...........    3751-5750  Tier 1.......................       0.10
Natural Gas.................................  ...........    Tier 1.......................       0.12
                                                                  5750
LPG.........................................       0-3750  ...........  Tier 0.......................   \2\ 0.26
LPG.........................................    ...........  Tier 0.......................   \2\ 0.13
                                                     3750
LPG.........................................  ...........    3751-5750  Tier 1.......................       0.10
LPG.........................................  ...........    Tier 1.......................       0.12
                                                                  5750
----------------------------------------------------------------------------------------------------------------
\1\ The applicable useful life is 5 years or 50,000 miles, whichever first occurs.
\2\ Applicable only to diesel-cycle vehicles.


             Table H94-19--Full Useful Life \1\ Standards (g/mi) for Heavy Light-Duty Trucks for PM
----------------------------------------------------------------------------------------------------------------
                    Fuel                       LVW (lbs)    ALVW (lbs)            Standards                PM
----------------------------------------------------------------------------------------------------------------
Gasoline....................................       0-3750  ...........  Tier 0.......................  .........
Gasoline....................................    ...........  Tier 0.......................  .........
                                                     3750
Gasoline....................................  ...........    3751-5750  Tier 1.......................       0.10
Gasoline....................................  ...........    Tier 1.......................       0.12
                                                                  5750
Diesel......................................       0-3750  ...........  Tier 0.......................       0.26
Diesel......................................    ...........  Tier 0.......................       0.13
                                                     3750

[[Page 47]]

 
Diesel......................................  ...........    3751-5750  Tier 1.......................       0.10
Diesel......................................  ...........    Tier 1.......................       0.12
                                                                  5750
Methanol....................................       0-3750  ...........  Tier 0.......................  .........
Methanol....................................    ...........  Tier 0.......................  .........
                                                     3750
Methanol....................................  ...........    3751-5750  Tier 1.......................       0.10
Methanol....................................  ...........    Tier 1.......................       0.12
                                                                  5750
----------------------------------------------------------------------------------------------------------------
\1\ The applicable useful life is 11 years or 120,000 miles, whichever first occurs, except that no enforcement
  testing will be done beyond 7 years or 90,000 miles, whichever first occurs.

    (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 light-duty vehicles 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 H94-14 and H94-17 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 vehicles that are counted toward the implementation 
schedule sales percentage, or toward the total on which such percentage 
is based, for certification purposes as prescribed by Sec. 86.094-
9(a)(1)(ii)(B)(1)(iii) of subpart A of this part, shall be the same 
vehicles that are counted toward the implementation schedule sales 
percentage, or the total on which it is based, for in-use purposes.
    (iv) Small volume manufacturers, as defined in Sec. 86.092-14(b) 
(1) and (2), are exempt from the implementation schedules of tables H94-
14 of this section for model years 1996 through 1998 and from the 
implementation schedules of table H94-17 of this section for model year 
1996. For small volume manufacturers, Tier 0 standards of tables H94-15 
and H94-16 continue to apply until model year 1999 and the Tier 0 
standards of tables H94-18 and H94-19 continue to apply until model year 
1997, when one hundred percent compliance with the Tier 1 standards of 
such tables is required. This exemption does not apply to small volume 
engine families as defined in Sec. 86.092-14(b)(5).
    (2)(i) For 1996 and 1997 model year heavy light-duty trucks, the 
engine families which comprise the required implementation schedule 
percentage of sales meeting Tier 1 standards for HCs, CO, and 
NOX, for purposes of certification, shall be the same engine 
families which comprise the required implementation schedule percentage 
of sales meeting the interim in-use standards (labeled ``Tier 
1I'' in the tables of in-use standards) for in-use purposes.
    (ii) For 1998 model year heavy light-duty trucks the engine families 
which comprise the required implementation schedule percentage of sales 
meeting interim in-use standards (labeled ``Tier 1I'' in the 
tables of in-use standards) and final in-use standards (labeled ``Tier 
1'' in the tables of in-use standards) for HCs, CO, and NOX, 
for in-use purposes, shall be designated by the manufacturer at the time 
of certification.
    (iii) For 1996 model year heavy light-duty trucks, the engine 
families which comprise the required implementation schedule percentage 
of sales meeting Tier 1 standards, for PM, for purposes of 
certification, shall be the same engine families which comprise the 
required implementation schedule percentage of sales meeting the final 
in-use standards (labeled ``Tier 1'' in the tables of in-use standards) 
for PM for in-use purposes.

[[Page 48]]

    (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.
    (4) A manufacturer can not use one set of engine families to meet 
its in-use intermediate useful life standards and another to meet its 
in-use 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-fueled diesel-cycle light-duty 
trucks only).
    (iv)(A) Engine families participating in the applicable 
NOX averaging program as specified in Sec. 86.094-
9(a)(1)(iv)(A) shall be subject, for purposes of in-use compliance, to 
the NOX family emission limit determined for that engine 
family for certification purposes, in lieu of the appropriate 
NOX standard shown in the tables of in-use standards in this 
section.
    (B) Engine families participating in the applicable particulate 
averaging program as specified in Sec. 86.094-9(a)(1)(iv)(B) shall be 
subject, for purposes of in-use compliance, to the particulate family 
emission limit determined for that engine family for certification 
purposes, in lieu of the appropriate particulate standard shown in the 
tables of in-use standards in this section.
    (v) CST emissions from model year 1996 and later 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: 220 ppm as hexane.
    (B) Carbon monoxide: 1.2 percent.
    (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 or Tier 1I 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.
    (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) The provision of Sec. 86.090-8(b) through (k) of subpart A of 
this part apply to this section.

[56 FR 25781, June 5, 1991, as amended at 57 FR 31922, July 17, 1992; 58 
FR 33211, June 16, 1993; 58 FR 58424, Nov. 1, 1993; 59 FR 48516, Sept. 
21, 1994]



Sec. 86.709-99  In-use emission standards for 1999 and later model year light-

duty trucks.

    Section 86.709-99 includes text that specifies requirements that 
differ from Sec. 86.091-9 of subpart A of this part. Where a paragraph 
in Sec. 86.091-9 is identical and applicable to Sec. 86.709-99, this 
may be indicated by specifying the corresponding paragraph and the 
statement ``[Reserved]. For guidance see Sec. 86.091-9.'' Where a 
corresponding paragraph of Sec. 86.091-9 is not applicable, this is 
indicated by the statement ``[Reserved].''
    (a)(1)(i)(A) Light light-duty trucks. In-use exhaust emissions from 
1999 and later model year light light-duty trucks shall meet all 
standards in tables H99-1 and H99-2 in the rows designated with the 
applicable fuel type and loaded vehicle weight.

[[Page 49]]



                                 Table H99-1--Intermediate Useful Life \1\ 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        0.97       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
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The applicable useful life is 5 years or 50,000 miles, whichever first occurs.


                                       Table H99-2--Full Useful Life Standards (g/mi) for Light Light-Duty Trucks
--------------------------------------------------------------------------------------------------------------------------------------------------------
                            Fuel                                LVW (lbs)    THC \2\    NMHC \1\   THCE \2\  NMHCE \1\    CO \1\     NOX\1\      PM \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
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\ The applicable useful life is 10 yeras or 100,000 miles, whichever first occurs, except that no enforcement testing will be done beyond 7 years or
  75,000 miles, whichever first occurs.
\2\ The applicable useful life is 11 years or 120,000 miles, whichever first occurs.

    (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 light-duty 
trucks of the applicable model year by a manufacturer.
    (2) A manufacturer can not use one set of engine families to meet 
its in-use intermediate useful life standards and another to meet its 
in-use 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)(A) Heavy light-duty trucks. In-use exhaust emissions from 1999 
and later model year heavy light-duty trucks shall meet all standards in 
tables H99-3 and H99-4 in the rows designated with the applicable fuel 
type and adjusted loaded vehicle weight.

                                 Table H99-3--Intermediate Useful Life \1\ Standards (g/mi) for Heavy Light-Duty Trucks
--------------------------------------------------------------------------------------------------------------------------------------------------------
                             Fuel                                ALVW (lbs)     THC        NMHC       THCE      NMHCE        CO        NOX         PM
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gasoline......................................................    3751-5750       0.80       0.32  .........  .........        4.4        0.7       0.10
Gasoline......................................................         0.80       0.39  .........  .........        5.0        1.1       0.12
                                                                       5750
Diesel........................................................    3751-5750       0.80       0.32  .........  .........        4.4       0.98       0.10
Diesel........................................................         0.80       0.39  .........  .........        5.0       1.53       0.12
                                                                       5750
Methanol......................................................    3751-5750  .........  .........       0.80       0.32        4.4        0.7       0.10
Methanol......................................................    .........  .........       0.80       0.39        5.0        1.1       0.12
                                                                       5750
Natural Gas...................................................    3751-5750  .........       0.32  .........  .........        4.4        0.7       0.10
Natural Gas...................................................    .........       0.39  .........  .........        5.0        1.1       0.12
                                                                       5750
LPG...........................................................    3751-5750       0.80       0.32  .........  .........        4.4        0.7       0.10
LPG...........................................................         0.80       0.39  .........  .........        5.0        1.1       0.12
                                                                       5750
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The applicable useful life is 5 years or 50,000 miles, whichever first occurs.


                                     Table H99-4--Full Useful Life \1\ Standards (g/mi) for Heavy Light-Duty Trucks
--------------------------------------------------------------------------------------------------------------------------------------------------------
                             Fuel                                ALVW (lbs)   THC \2\    NMHC \1\   THCE \2\  NMHCE \1\    CO \1\     NOX\1\     PM \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Gasoline......................................................    3751-5750       0.80       0.46  .........  .........        6.4       0.98       0.10
Gasoline......................................................         0.80       0.56  .........  .........        7.3       1.53       0.12
                                                                       5750
Diesel........................................................    3751-5750       0.80       0.46  .........  .........        6.4       0.98       0.10

[[Page 50]]

 
Diesel........................................................         0.80       0.56  .........  .........        7.3       1.53       0.12
                                                                       5750
Methanol......................................................    3751-5750  .........  .........       0.80       0.46        6.4       0.98       0.10
Methanol......................................................    .........  .........       0.80       0.56        7.3       1.53       0.12
                                                                       5750
Natural Gas...................................................    3751-5750  .........       0.46  .........  .........        6.4       0.98       0.10
Natural Gas...................................................    .........       0.56  .........  .........        7.3       1.53       0.12
                                                                       5750
LPG...........................................................    3751-5750       0.80       0.46  .........  .........        6.4       0.98       0.10
LPG...........................................................         0.80       0.56  .........  .........        7.3       1.53       0.12
                                                                       5750
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The applicable useful life is 11 years or 120,000 miles, whichever first occurs, except that no enforcement testing will be done beyond 7 years or
  90,000 miles, whichever first occurs.
\2\ The applicable useful life is 11 years or 120,000 miles, whichever first occurs.

    (B)(1) Vehicles subject to the standards of paragraph (a)(1)(ii)(A) 
of this section shall be all actual U.S. sales of heavy light-duty 
trucks of the applicable model year by a manufacturer.
    (2) A manufacturer can not use one set of engine families to meet 
its in-use intermediate useful life standards and another to meet its 
in-use 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 1999 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-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: 220 ppm as hexane.
    (B) Carbon monoxide: 1.2 percent.
    (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) The provisions of Sec. 86.097-9(b), (c), and (g) through (k) of 
subpart A of this part apply to this section.

[56 FR 25781, June 5, 1991, as amended at 57 FR 31922, July 17, 1992; 58 
FR 58425, Nov. 1, 1993; 59 FR 48520, Sept. 21, 1994]



Subpart I_Emission Regulations for New Diesel Heavy-Duty Engines; Smoke 
                         Exhaust Test Procedure

    Authority: Secs. 202, 206, 207, 208, 301(a), Clean Air Act; as 
amended 42 U.S.C. 7521, 7524, 7541, 7542, and 7601.

    Source: 48 FR 52203, Nov. 16, 1983, unless otherwise noted.



Sec. 86.884-1  General applicability.

    The provisions of this subpart are applicable to new petroleum-
fueled diesel heavy-duty engines beginning with the 1984 model year, 
methanol-fueled diesel heavy-duty engines beginning with the 1990 model 
year and natural gas-fueled and liquefied petroleum gas-fueled diesel 
heavy-duty engines beginning with the 1997 model year. The provisions of 
this subpart are optional prior to the 1997 model year for natural gas-
fueled

[[Page 51]]

and liquefied petroleum gas-fueled diesel heavy-duty engines.

[59 FR 48521, Sept. 21, 1994]



Sec. 86.884-2  Definitions.

    The definitions in Sec. 86.084-2 apply to this subpart.



Sec. 86.884-3  Abbreviations.

    The abbreviations in Sec. 86.078-3 apply to this subpart.



Sec. 86.884-4  Section numbering.

    The section numbering system set forth in Sec. 86.084-4 applies to 
this subpart.

[48 FR 52203, Nov. 16, 1983, as amended at 59 FR 48521, Sept. 21, 1994]



Sec. 86.884-5  Test procedures.

    The procedures described in this and subsequent sections will be the 
test program to determine the conformity of engines with the standards 
set forth in Sec. 86.084-11(b).
    (a) The test consists of a prescribed sequence of engine operating 
conditions on an engine dynamometer with continuous examination of the 
exhaust gases. The test is applicable equally to controlled engines 
equipped with means for preventing, controlling, or eliminating smoke 
emissions and to uncontrolled engines.
    (b) The test is designed to determine the opacity of smoke in 
exhaust emissions during those engine operating conditions which tend to 
promote smoke from diesel vehicles.
    (c) The test procedure begins with a preconditioned engine which is 
then run through preloading and preconditioning operations. After an 
idling period, the engine is operated through acceleration and lugging 
modes during which smoke emission measurements are made to compare with 
the standards. The engine is then returned to the idle condition and the 
acceleration and lugging modes are repeated. Three consecutive sequences 
of acceleration and lugging constitutes the full set of operating 
conditions for smoke emission measurement.
    (d)(1) Except in cases of component mulfunction or failure, all 
emission control systems installed on, or incorporated in, a new motor 
vehicle engine shall be functioning during all procedures in this 
subpart.
    (2) Maintenance to correct component malfunction or failure shall be 
authorized in accordance with Sec. 86.084-25.

[48 FR 52203, Nov. 16, 1983, as amended at 49 FR 48140, Dec. 10, 1984; 
54 FR 14559, Apr. 11, 1989]



Sec. 86.884-6  Fuel specifications.

    The requirements of this section are set forth in Sec. 86.1313.

[54 FR 14559, Apr. 11, 1989]



Sec. 86.884-7  Dynamometer operation cycle for smoke emission tests.

    (a) The following sequence of operations shall be performed during 
engine dynamometer testing of smoke emissions, starting with the 
dynamometer preloading determined and the engine preconditioned (Sec. 
86.884-12(c)).
    (1) Idle Mode. The engine is caused to idle for 5.0 to 5.5 minutes 
at the manufacturer's recommended curb idle speed. The dynamometer 
controls shall be set to provide the speed and load necessary to comply 
with the heavy-duty ``curb idle'' definition per Sec. 86.084-2, in 
accordance with predominant engine application.
    (2) Acceleration mode. (i) The engine speed shall be increased to 
200 50 rpm above the measured free idle speed 
measured at the point where the throttle begins to move from part-
throttle to the full throttle position. The speed anywhere during this 
mode should not exceed this checkpoint speed by more than 50 rpm. The 
duration of this first acceleration shall be three seconds or less 
measured from the point where the speed first begins to increase above 
idle to the point where the throttle reaches full open position.
    (ii) Immediately upon completion of the mode specified in paragraph 
(a)(2)(i) of this section, the throttle shall be moved rapidly to, and 
held in, the fully open position. The inertia of the engine and the 
dynamometer, or alternately a preselected dynamometer load, shall be 
used to control the acceleration of the engine so that the speed 
increases to 85 percent of the rated speed in 5 1.5 seconds. This acceleration shall be linear within 
100 rpm as specified in Sec. 86.884-13(c).

[[Page 52]]

    (iii) After the engine reaches the speed required in paragraph 
(a)(2)(ii) of this section the throttle shall be moved rapidly to, and 
held in, the fully closed position. Immediately after the throttle is 
closed, the preselected load required to perform the acceleration in 
paragraph (a)(2)(iv) of this section shall be applied. For electric 
motoring dynamometer operation in speed mode, the deceleration shall be 
performed in 21.5 seconds.
    (iv) When the engine decelerates to the intermediate speed (within 
50 rpm), the throttle shall be moved rapidly to, and held in, the fully 
open position. The preselected dynamometer load which was applied during 
the preceding transition period shall be used to control the 
acceleration of the engine so that the speed increases to at least 95 
percent of the rated speed in 10 2 seconds.
    (v) For electric dynamometer operation in speed mode, motoring 
assist may be used to offset excessive dynamometer inertia load when 
necessary. No negative flywheel torque shall occur during any of the 
three acceleration modes in paragraph (a)(2) of this section except for 
a maximum of 10ft-lbs. for the first 0.5 second of the mode.
    (3) Lugging mode. (i) Immediately upon the completion of the 
preceding acceleration mode, the dynamometer controls shall be adjusted 
to permit the engine to develop maximum horsepower at rated speed. This 
transition period shall be 50 to 60 seconds in duration. During the last 
10 seconds of this period, the average engine speed shall be maintained 
within 50 rpm of the rated speed, and the average observed power 
(corrected, if necessary, to rating conditions) shall be no less than 95 
percent of the maximum horsepower developed during the preconditioning 
prior to the smoke cycle.
    (ii) With the throttle remaining in the fully open position, the 
dynamometer controls shall be adjusted gradually so that the engine 
speed is reduced to the intermediate speed. This lugging operation shall 
be performed smoothly over a period of 355 seconds. The rate of 
slowing of the engine shall be linear, within 100 rpm, as specified in 
Sec. 86.884-13(c).
    (4) Engine unloading. Within five seconds of completing the 
preceding lugging mode, the dynamometer and engine controls shall be 
returned to the idle position described in paragraph (a)(1) of this 
section. The engine must be at free idle condition within one minute 
after completion of the lugging mode.
    (b) The procedures described in paragraphs (a)(1) through (a)(4) of 
this section shall be repeated until three consecutive valid cycles have 
been completed. If three valid cycles have not been completed after a 
total of six consecutive cycles have been run, the engine shall be 
preconditioned by operation at maximum horsepower at rated speed for 10 
minutes before the test sequence is repeated.

[48 FR 52203, Nov. 16, 1983, as amended at 49 FR 48141, Dec. 10, 1984; 
52 FR 47870, Dec. 16, 1987; 62 FR 47122, Sept. 5, 1997]



Sec. 86.884-8  Dynamometer and engine equipment.

    The following equipment shall be used for smoke emission testing of 
engines on engine dynamometers:
    (a) An engine dynamometer with adequate characteristics to perform 
the test cycle described in Sec. 86.884-7.
    (b) An engine cooling system having sufficient capacity to maintain 
the engine at normal operating temperatures during conduct of the 
prescribed engine tests.
    (c) An exhaust system with an appropriate type of smokemeter placed 
no more than 32 feet from the exhaust manifold(s), turbocharger 
outlet(s), exhaust aftertreatment device(s), or crossover junction (on 
Vee engines), whichever is farthest downstream. The smoke exhaust system 
shall present an exhaust backpressure 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. The following options may also be used:
    (1) For engines with multiple exhaust outlets, join the exhaust 
outlets together into a single exhaust system and install the smokemeter 
10 to 32 feet downstream from the junction of

[[Page 53]]

the individual exhaust outlets, or exhaust aftertreatment device(s), 
whichever is farthest downstream.
    (2) For engines with multiple exhaust outlets, install a smokemeter 
in each of the exhaust pipes 10 to 32 feet downstream from each exhaust 
manifold, turbocharger outlet, or exhaust aftertreatment device, 
whichever is farthest downstream.
    (3) For engines with multiple exhaust outlets, install a smokemeter 
on the exhaust pipe which produces the highest smoke levels 10 to 32 
feet downstream from the exhaust manifold, turbocharger outlet, or 
exhaust aftertreatment device, whichever is farthest downstream. It may 
be required to make smoke measurements from other exhaust outlets if 
deemed appropriate by the Administrator.
    (4) When utilizing an end-of-line smokemeter, the terminal two feet 
of the exhaust pipe used for smoke measurement shall be of a circular 
cross section and be free of elbows and bends. The end of the pipe shall 
be cut off squarely. The terminal two 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                     diameter
                                                               (inches)
------------------------------------------------------------------------
HP<50......................................................          1.5
50<=HP<100.................................................          2.0
100<=HP<200................................................          3.0
200<=HP<300................................................          4.0
300<=HP<500................................................          5.0
HP=500..........................................          6.0
------------------------------------------------------------------------

    (5) When utilizing an in-line smokemeter, there shall be no change 
in the exhaust pipe diameter within 3 exhaust pipe diameters before or 
after the centerline of the smokemeter optics. Within 6 exhaust pipe 
diameters upstream of the centerline of the smokemeter optics, no change 
in exhaust pipe diameter may exceed a 12 degree half-angle.
    (d) An engine air inlet system presenting an air inlet restriction 
within one 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 engine 
being tested.

[48 FR 52203, Nov. 16, 1983, as amended at 62 FR 47122, Sept. 5, 1997; 
63 FR 63967, Nov. 17, 1998; 70 FR 40437, July 13, 2005]



Sec. 86.884-9  Smoke measurement system.

    (a) Schematic drawing. The Figure I84-1 is a schematic drawing of 
the optical system of the light extinction meter.
[GRAPHIC] [TIFF OMITTED] TR06OC93.182

    (b) Equipment. The following equipment shall be used in the system.
    (1) Adapter--the smokemeter optical unit may be mounted on a fixed 
or

[[Page 54]]

movable frame. The normal unrestricted shape of the exhaust plume shall 
not be modified by the adaptor, the meter, or any ventilatory system 
used to remove the exhaust from the test site.
    (2) Smokemeter (light extinction meter)--continuous recording, full-
flow light obscuration meter.
    (i) It is positioned so that a built-in light beam traverses the 
exhaust smoke plume at right angles to the axis of the exhaust stream.
    (ii) The smokemeter light source shall be an incandescent lamp with 
a color temperature range of 2800K to 3250K, or a light source with a 
spectral peak between 550 to 570 nanometers.
    (iii) The light output is collimated to a beam with a maximum 
diameter of 1.125 inches and an included angle of divergence within a 
6[deg] included angle.
    (iv) The light detector shall be a photocell or photodiode. If the 
light source is an incandescent lamp, the detector shall have a spectral 
response similar to the photopic curve of the human eye (a maximum 
response in the range of 550 to 570 nanometers, to less than 4 percent 
of that maximum response below 430 nanometers and above 680 nanometers).
    (v) A collimating tube with apertures equal to the beam diameter is 
attached to the detector to restrict the viewing angle of the detector 
to within a 16[deg] included angle.
    (vi) An amplified signal corresponding to the amount of light 
blocked is recorded continuously on a remote recorder.
    (vii) An air curtain across the light source and detector window 
assemblies may be used to minimize deposition of smoke particles on 
those surfaces provided that it does not measurably affect the opacity 
of the plume.
    (viii) The smokemeter consists of two units; an optical unit and a 
remote control unit.
    (ix) Light extinction meters employing substantially identical 
measurement principles and producing substantially equivalent results, 
but which employ other electronic and optical techniques, may be used 
only after having been approved in advance by the Administrator.
    (3) Recorder--a continuous recorder, with variable chart speed over 
a minimal range of 0.5 to 8.0 inches per minute (or equivalent) and an 
automatic marker indicating 1-second intervals continuously records the 
exhaust gas opacity, engine rpm and throttle position.
    (i) The recorder is equipped to indicate only when the throttle is 
in the fully open or fully closed position.
    (ii) The recorder scale for opacity is linear and calibrated to read 
from 0 to 100 percent opacity full scale.
    (iii) The opacity trace has a resolution within one percent opacity.
    (iv) The recorder scale for engine rpm is linear and has a 
resolution of 30 rpm.
    (v) The throttle position trace clearly indicates when the throttle 
is in the fully open and fully closed positions.
    (vi) Any means other than a strip-chart recorder may be used 
provided it produces a permanent visual data record of quality equal to 
or better than that described above (e.g., tabulated data, traces, or 
plots).
    (4) The recorder used with the smokemeter shall be capable of full-
scale deflection in 0.5 second or less. The smokemeter-recorder 
combination may be damped so that signals with a frequency higher than 
10 cycles per second are attenuated. A separate lowpass electronic 
filter with the following performance characteristics may be installed 
between the smokemeter and the recorder to achieve the high-frequency 
attenuation:
    (i) Three decibel point--10 cycles per second.
    (ii) Insertion loss--zero 0.5 decibel.
    (iii) Selectivity--12 decibels per octave above 10 cycles per 
second.
    (iv) Attenuation--27 decibels down at 40 cycles per second minimum.
    (5) In lieu of the use of chart recorders, automatic data collection 
equipment may be used to record all required data. Automatic data 
processing equipment may then be used to perform the data analysis 
specified in Sec. 86.884-13. The automatic data collection equipment 
must be capable of sampling at least two records per second.
    (c) Assembling equipment. (1) The optical unit of the smokemeter 
shall be mounted radially to the exhaust pipe

[[Page 55]]

so that the measurement will be made at right angles to the axis of the 
exhaust plume. For an end-of-line smokemeter the distance from the 
optical centerline to the exhaust pipe outlet shall be 1 0.25 inch. The full flow of the exhaust stream shall be 
centered between the source and the detector apertures (or windows and 
lenses) and on the axis of the light beam.
    (2) Power shall be supplied to the control unit of the smokemeter in 
time to allow at least 15 minutes for stabilization prior to testing.

[48 FR 52203, Nov. 16, 1983, as amended at 49 FR 48141, Dec. 10, 1984; 
62 FR 47122, Sept. 5, 1997]



Sec. 86.884-10  Information.

    The following information, as applicable, shall be recorded for each 
test:
    (a) Engine description and specifications. A copy of the information 
specified in this paragraph must accompany each engine sent to the 
Administrator for compliance testing. If the engine is submitted to the 
Administrator for testing under subpart N of this part or 40 CFR part 
1065, only the specified information need accompany the engine. The 
manufacturer need not record the information specified in this paragraph 
for each test if the information, with the exception of paragraphs 
(a)(3), (a)(12), and (a)(13) of this section, 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) Idle rpm.
    (9) Fuel consumption at maximum power and torque.
    (10) Maximum air flow.
    (11) Maximum and test air inlet restriction.
    (12) Exhaust pipe diameter(s).
    (13) Maximum exhaust system backpressure.
    (b) Test data; general. This information may be recorded at any time 
between four hours prior to the test and four hours after the test.
    (1) Engine-system combination.
    (2) Engine identification numbers.
    (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) Calibration date(s) of neutral density filters used to calibrate 
the smokemeter.
    (c) Test data; pre-test.
    (1) Date and time of day.
    (2) Test number.
    (3) Barometric pressure.
    (4) [Reserved]
    (5) Intake air humidity and temperature:
    (i) 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 measurement must be made within the 
intake air supply system, and after the humidity conditioning has taken 
place.
    (ii) Non-conditioned air supply. Humidity measurements in non-
conditioned intake air supply systems must be made in the intake air 
stream entering the supply system and within 18 inches of the inlet for 
supply system. Alternatively, the humidity measurements can be measured 
within the intake air supply stream.
    (iii) 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) Test data; modal. (1) Observed engine torque and speed during 
the steady-state test conditions specified in Sec. 86.884-7(a)(3)(i).
    (2) On the recorder or automatic data collection equipment: Identify 
zero traces--calibration traces--idle traces (or printout of the zero 
and calibration values)--closed-throttle trace-open throttle trace--
acceleration and lugdown test traces--start and finish of each test.

[48 FR 52203, Nov. 16, 1983, as amended at 49 FR 48141, Dec. 10, 1984; 
62 FR 47123, Sept. 5, 1997; 70 FR 40437, July 13, 2005]

[[Page 56]]



Sec. 86.884-11  Instrument checks.

    (a) The smokemeter shall be checked according to the following 
procedure prior to each test:
    (1) [Reserved]
    (2) The zero control shall be adjusted under conditions of ``no 
smoke'' to give a recorder or data collection equipment response of 
zero;
    (3) Calibrated neutral density filters having approximately 10, 20, 
and 40 percent opacity shall be employed to check the linearity of the 
instrument. The filter(s) shall be inserted in the light path 
perpendicular to the axis of the beam and adjacent to the opening from 
which the beam of light from the light source emanates, and the recorder 
response shall be noted. Filters with exposed filtering media should be 
checked for opacity every six months; all other filters shall be checked 
every year, using NBS or equivalent reference filters. Deviations in 
excess of 1 percent of the nominal opacity shall be corrected.
    (b) The instruments for measuring and recording engine rpm, engine 
torque, air inlet restrictions, exhaust system backpressure, throttle 
position, etc., which are used in the test prescribed herein, shall be 
calibrated in accordance with good engineering practice.

[48 FR 52203, Nov. 16, 1983, as amended at 49 FR 48141, Dec. 10, 1984]



Sec. 86.884-12  Test run.

    (a) The temperature of the air supplied to the engine shall be 
between 68 [deg]F and 86 [deg]F. The engine fuel inlet temperature shall 
be 100 [deg]F 10 [deg]F and shall be measured at a 
point specified by the manufacturer. 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 will 
be made for possible increased smoke emissions because of such 
conditions.
    (b) The governor and fuel system shall have been adjusted to provide 
engine performance at the levels in the application for certification 
required under Sec. 86.084-21.
    (c) The following steps shall be taken for each test:
    (1) Start cooling system;
    (2) Warm up the engine by the procedure described in 40 CFR 
1065.530.
    (3) Determine by experimentation the dynamometer inertia and 
dynamometer load required to perform the acceleration in the dynamometer 
cycle for smoke emission tests (Sec. 86.884-7(a)(2)). In a manner 
appropriate for the dynamometer and controls being used, arrange to 
conduct the acceleration mode;
    (4) Install smokemeter optical unit and connect it to the recorder/
data collection system. Connect the engine rpm and throttle position 
sensing devices to the recorder/data collection system;
    (5) Turn on purge air to the optical unit of the smokemeter, if 
purge air is used;
    (6) Check and record zero and span settings of the smokemeter. (If a 
recorder is used, a chart speed of approximately one inch per minute 
shall be used.) The optical unit shall be retracted from its position 
about the exhaust stream if the engine is left running;
    (7) Precondition the engine by operating it for 10 minutes at 
maximum rated horsepower;
    (8) Proceed with the sequence of smoke emission measurements on the 
engine dynamometer as prescribed in Sec. 86.884-7;
    (9)(i) During the test sequence of Sec. 86.884-7, continuously 
record smoke measurements, engine rpm, and throttle position.
    (ii) If a chart recorder is used for data collection, it shall be 
run at a minimum chart speed of one inch per minute during the idle mode 
and transitional periods, and eight inches per minute during the 
acceleration and lugging modes.
    (iii) Automatic data collection equipment, if used, shall sample at 
least two records per second.
    (iv) The smoke meter zero and full scale response may be rechecked 
and reset during the idle mode of each test sequence.
    (v) If either zero or full-scale drift is in excess of 2 percent 
opacity, the smokemeter controls must be readjusted and the test must be 
repeated;
    (10) Turn off engine;

[[Page 57]]

    (11)(i) Check zero and reset if necessary.
    (ii) Check span response (linearity) of the smokemeter by inserting 
neutral density filters.
    (iii) If either zero drift or the linearity check is in excess of 
two percent opacity, the results shall be invalidated.

[48 FR 52203, Nov. 16, 1983, as amended at 49 FR 48141, Dec. 10, 1984; 
52 FR 47870, Dec. 16, 1987; 70 FR 40437, July 13, 2005]



Sec. 86.884-13  Data analysis.

    The following procedure shall be used to analyze the test data:
    (a) Locate the modes specified in Sec. 86.884-7(a)(1) through 
(a)(4) by applying the following starting and ending criteria:
    (1) The idle mode specified in Sec. 86.884-7(a)(1) starts when 
engine preconditioning or the lugging mode of a preceding cycle has been 
completed and ends when the engine speed is raised above the idle speed.
    (2) The acceleration mode specified in Sec. 86.884-7(a)(2)(i) 
starts when the preceding idle mode has been completed and ends when the 
throttle is in the fully open position, as indicated by the throttle 
position trace as specified in Sec. 86.884-7(a)(2)(ii).
    (3) The acceleration mode specified in Sec. 86.884-7(a)(2)(ii) 
starts when the preceding acceleration mode has been completed and ends 
when the engine speed reaches 85 percent of the rated speed.
    (4) The transition period specified in Sec. 86.884-7(a)(2)(iii) 
starts when the preceding acceleration mode has been completed and ends 
when the throttle is in the fully open position as indicated by the 
throttle position trace, as specified in Sec. 86.884-7(a)(2)(iv).
    (5) The acceleration mode specified in Sec. 86.884-7(a)(2)(iv) 
starts when the preceding transition period has been completed and ends 
when the engine speed reaches 95 percent of the rated speed.
    (6) The transition period specified in Sec. 86.884-7 (a)(3)(i) 
starts when the preceding acceleration mode has been completed and ends 
when the engine speed is 50 rpm below the rated speed and the provisions 
of Sec. 86.884-7 (a)(3)(i) are met.
    (7) The lugging mode specified in Sec. 86.884-7(a)(3)(ii) starts 
when the preceding transition period has been completed and ends when 
the engine speed is at the intermediate speed.
    (b) Determine if the test requirements of Sec. 86.884-7 are met by 
applying the following modal criteria:
    (1) Idle mode as specified in Sec. 86.884-7(a)(1):
    (i) Duration: 5 to 5.5 minutes.
    (ii) Speed: within specification during the last four minutes of the 
mode.
    (2) Acceleration mode as specified in Sec. 86.884-7(a)(2)(i).
    (i) Duration: three seconds or less.
    (ii) Speed increase: 20050 rpm.
    (3) Acceleration mode as specified in Sec. 86.884-7(a)(2)(ii);
    (i) Linearity: 100 rpm as specified in 
paragraph (c) of this section.
    (ii) Duration: 3.5 to 6.5 seconds.
    (iii) Throttle position: fully open until speed is at least 85 
percent of the rated speed.
    (4) Transition period as specified in Sec. 86.884-7(a)(2)(iii):
    (i) Throttle position: moved rapidly to, and held in, the fully 
closed position.
    (5) Acceleration mode as specified in Sec. 86.884-7(a)(2)(iv):
    (i) Duration: 8 to 12 seconds.
    (ii) Throttle position: fully open when speed is at intermediate 
speed.
    (6) Transition period as specified in Sec. 86.884-7(a)(3)(i):
    (i) Duration: 50 to 60 seconds.
    (ii) Average speed during the last 10 seconds shall be within 50 rpm of rated speed.
    (iii) Average observed power during the last 10 seconds shall be at 
least 95 percent of the horsepower developed during the preconditioning 
mode.
    (7) Lugging mode as specified in Sec. 86.884-7(a)(3)(ii):
    (i) Linearity: 100 rpm as specified in 
paragraph (c) of this section.
    (ii) Duration: 30 to 40 seconds.
    (iii) Speed at end: intermediate speed.
    (c) Determine if the linearity requirements of Sec. 86.884-7 were 
met by means of the following procedure:
    (1) For the acceleration mode specified in Sec. 86.884-7(a)(2)(ii), 
note the maximum deflection of the rpm trace from a straight line drawn 
between the

[[Page 58]]

starting and ending points specified in paragraph (a)(3) of this 
section.
    (2) For the lugging mode specified in Sec. 86.884-7(a)(3)(ii), note 
the maximum deflection of the rpm trace from a straight line drawn from 
the starting and ending points specified in paragraph (a)(7) of this 
section.
    (3) The test results will be invalid if any deflection is greater 
than 100 rpm.
    (4) This linearity check may be performed by direct analysis of the 
recorder traces, or by computer analysis of data collected by automatic 
data collection equipment.
    (d) Analyze the smoke trace by means of the following procedure:
    (1) Starting at the beginning of the first acceleration, as defined 
in paragraph (a)(2) of this section, and stopping at the end of the 
second acceleration, as defined in paragraph (a)(3) of this section, 
divide the smoke trace into half-second intervals. Similarly, subdivide 
into half-second intervals the third acceleration mode and the lugging 
mode as defined by paragraphs (a) (5) and (7) respectively, of this 
section.
    (2) Determine the average smoke reading during each half-second 
interval.
    (3) Locate and record the 15 highest half-second readings during the 
acceleration mode of each dynamometer cycle.
    (4) Locate and record the five highest half-second readings during 
the lugging mode of each dynamometer cycle.
    (5) Examine the average half-second values which were determined in 
paragraphs (d)(3) and (d)(4) of this section and record the three 
highest values for each dynamometer cycle.
    (6) This smoke trace analysis may be performed by direct analysis of 
the recorder traces, or by computer analysis of data collected by 
automatic data collection equipment.

[48 FR 52203, Nov. 16, 1983, as amended at 49 FR 48141, Dec. 10, 1984; 
62 FR 47123, Sept. 5, 1997]



Sec. 86.884-14  Calculations.

    (a) If the measured half-second opacity values were obtained with a 
smokemeter with an optical path length different than shown in the table 
in Sec. 86.884-8(c), then convert the measured half-second values or 
the original instantaneous values to the appropriate equivalent optical 
path length values specified in the table. Convert the opacity values 
according to the following equations:

[GRAPHIC] [TIFF OMITTED] TR15JA04.001

Lm and Ls must use consistent units in the above 
    equation

Where:

Nm=Measured half-second value for conversion, percent opacity
Lm=Measuring smokemeter optical path length, meters
Ls=Standard optical path length corresponding with engine 
power, n
Ns=Standard half-second value, percent opacity

    (b) Average the 45 readings in Sec. 86.884-13(d)(3) or the 
equivalent converted values from paragraph (a) of this section if 
appropriate, and designate the value as ``A''. This is the value for the 
engine acceleration mode.
    (c) Average the 15 readings in Sec. 86.884-13(d)(4) or the 
equivalent converted values from paragraph (a) of this section if 
appropriate, and designate the value as ``B''. This is the value for the 
engine lugging mode.
    (d) Average the 9 readings in Sec. 86.884-13(d)(5) or the 
equivalent converted values from paragraph (a) of this section if 
appropriate, and designate the value as ``C''. This is the value for the 
peaks in either mode.
    (e)(1) If multiple smokemeters were used, the half-second values for 
each mode from each smokemeter shall be combined and the calculated 
average based upon the total number of combined values.
    (2) For example, if two smokemeters were used for acceleration mode 
data, 45 half-second values in each data set from both smokemeters would 
be combined to form a data set of 90 values, which would then be 
averaged.

[62 FR 47123, Sept. 5, 1997, as amended at 69 FR 2441, Jan. 15, 2004]

[[Page 59]]



   Subpart J_Fees for the Motor Vehicle and Engine Compliance Program



Sec. 86.901  Assessment of fees.

    See 40 CFR part 85, subpart Y, for the applicable fees associated 
with certifying engines and vehicles under this part.

[71 FR 51487, Aug. 30, 2006]



  Subpart K_Selective Enforcement Auditing of New Heavy-Duty Engines, 
               Heavy-Duty Vehicles, and Light-Duty Trucks

    Source: 45 FR 63772, Sept. 25, 1980, unless otherwise noted.



Sec. 86.1001-84  Applicability.

    The provisions of this subpart are applicable for 1984 and later 
model year heavy-duty engines and light-duty trucks.
    (a) Section numbering; construction. (1) The model year of initial 
applicability is indicated by the two digits following the hyphen of the 
section number. A section remains in effect for subsequent model years 
until it is superseded.
    (2) A section reference without a model year suffix shall be 
interpreted to be a reference to the section applicable to the 
appropriate model year.
    (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 subpart S of this part.

[54 FR 14559, Apr. 11, 1989, as amended at 62 FR 31238, June 6, 1997; 64 
FR 23922, May 4, 1999; 65 FR 59957, Oct. 6, 2000]



Sec. 86.1002-2001  Definitions.

    (a) The definitions in this section apply to this subpart.
    (b) As used in this subpart, all terms not defined in this section 
have the meaning given them in the Act.
    (1) Acceptable quality level (AQL) means the maximum percentage of 
failing engines or vehicles, that for purposes of sampling inspection, 
can be considered satisfactory as a process average.
    (2) Compliance level means an emission level determined during a 
Production Compliance Audit pursuant to subpart L of this part.
    (3) Configuration means a subclassification, if any, of a heavy-duty 
engine family for which a separate projected sales figure is listed in 
the manufacturer's Application for Certification and which can be 
described on the basis of emission control system, governed speed, 
injector size, engine calibration and other parameters which may be 
designated by the Administrator, or for light-duty trucks a 
subclassification of a light-duty truck engine family/emission control 
system combination on the basis of engine code, inertia weight class, 
transmission type and gear ratios, axle ratio, and other parameters 
which may be designated by the Administrator and/or a subclassification 
of a light-duty truck evaporative/refueling emission family/emission 
control system.
    (4) Test sample means the collection of vehicles or engines of the 
same configuration which have been drawn from the population of vehicles 
or engines of that configuration and which will receive emission 
testing.
    (5) Inspection criteria means the pass and fail numbers associated 
with a particular sampling plan.
    (6) Test engine means an engine in a test sample.
    (7) Test vehicle means a vehicle in a test sample.
    (8) Axle ratio means all ratios within 3% of 
the axle ratio specified in the configuration in the test order.
    (9) Executive Officer means the Executive Officer of the California 
Air Resources Board or his or her authorized representative.
    (10) Executive Order means the document the Executive Officer grants 
a manufacturer for an engine family that certifies the manufacturer has 
verified the engine family complies with all applicable standards and 
requirements pursuant to Title 13 of the California Code of Regulations.
    (11) 50-state engine family means an engine family that meets both 
federal and California Air Resources Board

[[Page 60]]

motor vehicle emission control regulations and has received a federal 
certificate of conformity as well as an Executive Order.

[59 FR 16304, Apr. 6, 1994, as amended at 62 FR 31238, June 6, 1997]



Sec. 86.1003-90  Test orders.

    (a) The Administrator shall require any testing under this subpart 
by means of a test order addressed to the manufacturer.
    (b) The test order will be signed by the Assistant Administrator for 
Air and Radiation or his designee. The test order will be delivered in 
person by an EPA Enforcement Officer to a company representative or sent 
by registered mail, return receipt requested, to the manufacturer's 
representative who signs the Application for Certification submitted by 
the manufacturer pursuant to the requirements of this applicable section 
of subpart A of this part. Upon receipt of a test order, the 
manufacturer shall comply with all of the provisions of this subpart and 
instructions in the test order.
    (c)(1) The test order will specify the engine or vehicle 
configuration selected for testing, the manufacturer's vehicle or engine 
assembly plant or associated storage facility from which the engines or 
vehicles must be selected, the time and location at which engines or 
vehicles must be selected, and the procedure by which engines or 
vehicles of the specified configuration must be selected. The test order 
may specify the number of vehicles or engines to be selected per day.
    (i) If the total production of the specified vehicle configuration 
is less than the number specified in the test order, the manufacturer 
will select the actual number of vehicles produced per day.
    (ii) Heavy-duty engine manufacturers will be required to select a 
minimum of four engines per day unless an alternate selection procedure 
is approved pursuant to Sec. 86.1007-84(a) or unless total production 
of the specified configuration is less than four engines per day. If 
total production of the specified configuration is less than four 
engines per day, the manufacturer will select the actual number of 
engines produced that day.
    (2) The test order may include alternative configurations to be 
selected for testing in the event that engines or vehicles of the 
specified configuration are not available for testing because those 
engines or vehicles are not being manufactured during the specified 
time, or not being stored at the specified assembly plant or associated 
storage facilities.
    (3) If the specified configuration is not being manufactured at a 
rate of at least four vehicles per day, in the case of light-duty truck 
manufacturers, two engines per day, in the case of heavy-duty engine 
manufacturers specified in paragraph (g)(1) of Sec. 86.1008-84 or one 
engine per day, in the case of heavy-duty engine manufacturers specified 
in paragraph (g)(2) of Sec. 86.1008-90, over the expected duration of 
the audit, the Assistant Administrator or his designated representative 
may select engines or vehicles of the alternate configuration for 
testing.
    (4) In addition, the test order may include other directions or 
information essential to the administration of the required testing.
    (d) A manufacturer may submit a list of engine families and the 
corresponding assembly plants or associated storage facilities from 
which the manufacturer prefers to have engines or vehicles selected for 
testing or response to a test order. In order that a manufacturer's 
preferred location be considered for inclusion in a test order for a 
configuration of a particular engine family, the list must be submitted 
prior to issuance of the test order. Notwithstanding the fact that a 
manufacturer has submitted the above list, the Administrator may order 
selection at other than a preferred location.
    (e) Upon receipt of a test order, a manufacturer shall proceed in 
accordance with the provisions of this subpart.
    (f)(1) During a given model year, the Administrator shall not issue 
to a manufacturer more Selective Enforcement Audit (SEA) test orders 
than an annual limit determined by the following:
    (i) For manufacturers of heavy-duty engines, either petroleum-fueled 
or methanol-fueled, the number determined by dividing the projected 
heavy-

[[Page 61]]

duty engine sales bound for the United States market for that year, as 
made by the manufacturer in its Application for Certification, by 30,000 
and rounding to the nearest whole number, unless the projected sales are 
less than 15,000, in which case the number is one;
    (ii) For manufacturers of petroleum-fueled or methanol-fueled light-
duty trucks, the number determined by dividing the projected light-duty 
truck sales bound for the United States market for that model year, as 
made by the manufacturer in its report submitted under paragraph (a)(2) 
of Sec. 600.207-80 of the Automobile Fuel Economy Regulations, by 
300,000 and rounding to the nearest whole number, unless the projected 
sales are less than 150,000, in which case the number is one.
    (iii) If a manufacturer submits to EPA in writing prior to or during 
the model year a reliable sales projection update, that update will be 
used for recalculating the manufacturer's annual limit of SEA test 
orders.
    (2) Any SEA test order for which the configuration fails in 
accordance with Sec. 86.1010 or for which testing is not completed will 
not be counted against the annual limit.
    (3) When the annual limit has been met, the Administrator may issue 
additional test orders for those configurations for which evidence 
exists indicating noncompliance. An SEA test order issued on this basis 
will include a statement as to the reason for its issuance.

[54 FR 14559, Apr. 11, 1989]



Sec. 86.1003-2001  Test orders.

    Section 86.1003-2001 includes text that specifies requirements that 
differ from Sec. 86.1003-88. Where a paragraph in Sec. 86.1003-88 is 
identical and applicable to Sec. 86.1003-2001, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.1003-88.'' Where a corresponding paragraph of 
Sec. 86.1003-88 is not applicable, this is indicated by the statement 
``[Reserved].''.
    (a) through (c)(1)(ii) [Reserved]. For guidance see Sec. 86.1003-
88.
    (c)(1)(iii) Heavy-duty vehicle manufacturers will be required to 
select a minimum of four vehicles per day unless an alternate selection 
procedure is approved pursuant to Sec. 86.1007-84(a) or unless total 
production of the specified configuration is less than four vehicles per 
day. If total production of the specified configuration is less than 
four vehicles per day, the manufacturer will select the actual number of 
vehicles produced per day.
    (2) The test order may include alternative configurations to be 
selected for testing in the event that engines or vehicles of the 
specified configuration are not available for testing because those 
engines or vehicles are not being manufactured during the specified 
time, or not being stored at the specified assembly plant or associated 
storage facilities.
    (3) If the specified configuration is not being manufactured at a 
rate of at least four vehicles per day, in the case of light-duty truck 
manufacturers, two heavy-duty engines or heavy-duty vehicles, in the 
case of heavy-duty vehicle and heavy-duty engine manufacturers specified 
in Sec. 86.1008-2001(g)(1), or one engine or heavy-duty vehicle per 
day, in the case of heavy-duty vehicle or engine manufacturers specified 
in Sec. 86.1008-2001(g)(2), over the expected duration of the audit, 
the Assistant Administrator or a designated representative may select 
engines or vehicles of an alternate configuration for testing.
    (4) In addition, the test order may include other directions or 
information essential to the administration of the required testing.
    (d) A manufacturer may submit a list of engine families and, if 
applicable, evaporative/refueling families and the corresponding 
assembly plants or associated storage facilities from which the 
manufacturer prefers to have engines or vehicles selected for testing in 
response to a test order. In order that a manufacturer's preferred 
location be considered for inclusion in a test order for a configuration 
of a particular engine family and/or evaporative/refueling family, the 
list must be submitted prior to issuance of the test order. 
Notwithstanding the fact that a manufacturer has submitted the above 
list, the Administrator may, upon making the determination that evidence 
exists indicating noncompliance at other than

[[Page 62]]

the manufacturer's preferred plant, order testing at such other plant 
where vehicles of the configuration specified in the test order are 
assembled.
    (e) Upon receipt of a test order, a manufacturer shall proceed in 
accordance with the provisions of this subpart.
    (f)(1) During a given model year, the Administrator shall not issue 
to a manufacturer more Selective Enforcement Auditing (SEA) test orders 
than the annual limit determined by the following:
    (i) For manufacturers of heavy-duty engines or vehicles, either 
gasoline-fueled or diesel, the number determined by dividing the 
projected sales bound for the United States market for that year, as 
made by the manufacturer in its Application for Certification, by 30,000 
and rounded to the nearest whole number, unless the projected sales are 
less than 15,000, in which case the number is one;
    (f)(1)(ii) through (f)(3) [Reserved]. For guidance see Sec. 
86.1003-88.
    (g) In the event evidence exists indicating an engine family is in 
noncompliance, the Administrator may, in addition to other powers 
provided by this section, issue a test order specifying the engine 
family the manufacturer is required to test.

[59 FR 16305, Apr. 6, 1994, as amended at 62 FR 31238, June 6, 1997]



Sec. 86.1004-84  Testing by the Administrator.

    (a) The Administrator may require by test order that engines or 
vehicles of a specified configuration be selected in a manner consistent 
with the requirements of Sec. 86.1007-84 and submitted to him at such 
place as he may designate for the purpose of conducting emission tests. 
These tests will be conducted in accordance with Sec. 86.1008-84 of 
these regulations to determine whether engines or vehicles manufactured 
by the manufacturer conform with the regulations with respect to which 
the certificate of conformity was issued.
    (b)(1) Whenever the Administrator conducts a test on a test engine 
or vehicle or the Administrator and manufacturer each conduct a test on 
the same test engine or vehicle, the results of the Administrator's test 
will comprise the official data for that engine or vehicle.
    (2) Whenever the manufacturer conducts all tests on a test engine or 
vehicle, 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 (a) of this section that there is a substantial 
lack of agreement between the manufacturer's test results and the 
Administrator's test results, no manufacturer's test data from the 
manufacturer's test facility will be accepted for purposes of this 
subpart.
    (c) If testing conducted under paragraph (a) of this section 
demonstrates a lack of agreement under paragraph (b)(2) of this section, 
the Administrator shall:
    (1) Notify the manufacturer in writing of his determination that the 
test facility is inappropriate for conducting the tests required by this 
subpart and the reasons therefor; and
    (2) Reinstate any manufacturer's data upon a showing by the 
manufacturer that the data acquired under paragraph (a) of this section 
was erroneous and the manufacturer's data was correct.
    (d) The manufacturer may request in writing that the Administrator 
reconsider his determination in paragraph (b)(2) of this section based 
on data or information which indicates that changes have been made to 
the test facility and these changes have resolved the reasons for 
disqualification.



Sec. 86.1005-90  Maintenance of records; submittal of information.

    (a) The manufacturer of any new petroleum-fueled or methanol-fueled 
heavy-duty engine or light-duty truck subject to any of the provisions 
of this subpart shall establish, maintain, and retain the following 
adequately organized and indexed records:
    (1) General records. A description of all equipment used to test 
engines or vehicles in accordance with Sec. 86.1008 pursuant to a test 
order issued under this subpart, specifically:
    (i) If testing heavy-duty gasoline-fueled or methanol-fueled Otto-
cycle engines, the equipment requirements specified in 40 CFR part 1065, 
subparts B and C;

[[Page 63]]

    (ii) If testing heavy-duty petroleum-fueled or methanol-fueled 
diesel engines, the equipment requirements specified in 40 CFR part 
1065, subparts B and C;
    (iii) If testing gasoline-fueled or methanol-fueled Ottocycle light-
duty trucks, the equipment requirements specified in Sec. 86.106 
(excluding all references to evaporative and particulate emission 
testing), Sec. Sec. 86.206, and 86.1506-84 of this subpart; and
    (iv) If testing petroleum-fueled or methanol-fueled diesel light-
duty trucks, the equipment requirements specified in Sec. Sec. 86.106 
(excluding all references to evaporative emission testing) and 86.1506-
83 of this part.
    (2) Individual records. These records pertain to each audit 
conducted pursuant to this subpart.
    (i) The date, time, and location of each test;
    (ii) The number of hours of service accumulated on each engine or 
the number of miles on the vehicle when the test began and ended;
    (iii) The names of all supervisory personnel involved in the conduct 
of the audit;
    (iv) A record and description of any repairs performed prior to and/
or subsequent to approval by the Administrator, giving the date and time 
of the repair, the reason for it, the person authorizing it, and the 
names of all supervisory personnel responsible for the conduct of the 
repair;
    (v) The date when the engine or vehicle was shipped from the 
assembly plant or associated storage facility and when it was received 
at the testing facility;
    (vi) A complete record of all emission tests performed pursuant to 
this subpart (except tests performed by EPA directly), including all 
individual worksheets and/or other documentation relating to each test, 
or exact copies thereof, specifically
    (A) If testing gasoline-fueled or methanol-fueled Otto-cycle heavy-
duty engines, the record requirements specified in 40 CFR 1065.695;
    (B) If testing petroleum-fueled or methanol-fueled diesel heavy-duty 
engines, the record requirements specified in 40 CFR 1065.695;
    (C) If testing gasoline-fueled or methanol-fueled Ottocycle light-
duty trucks, the record requirements specified in Sec. Sec. 86.142 
(excluding all references to diesel vehicles), 86.242, and 86.1542; and
    (D) If testing petroleum-fueled or methanol-fueled diesel light-duty 
trucks, the record requirements specified in Sec. 86.142; and
    (vii) A brief description of any significant audit events commencing 
with the test engine or vehicle selection process, but not described by 
any subparagraph under paragraph (a)(2) of this section, including such 
extraordinary events as engine damage during shipment or vehicle 
accident.
    (viii) A paper copy of the driver's trace for each test.
    (3) The manufacturer shall record test equipment description, 
pursuant to paragraph (a)(1) of this section, for each test cell that 
can be used to perform emission testing under this subpart.
    (b) The manufacturer shall retain all records required to be 
maintained under this subpart for a period of one (1) year after 
completion of all testing in response to a test order. Records may be 
retained as hard copy or reduced to microfilm, punch cards, etc., 
depending upon the manufacturer's record retention procedure: Provided, 
that in every case all information contained in the hard copy is 
retained.
    (c) Pursuant to a request made by the Administrator, the 
manufacturer shall submit to him the following information with regard 
to engine or vehicle production:
    (1) Number of engines or vehicles, by configuration and assembly 
plant, scheduled for production for the time period designated in the 
request.
    (2) Number of engines or vehicles, by configuration and assembly 
plan, produced during the time period designated in the request which 
are complete form introduction into commerce.
    (d) 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.
    (e) The manufacturer shall address all reports, submissions, 
notifications,

[[Page 64]]

and requests for approvals made under this subpart to: Director, 
Manufacturers Operations Division, U.S. Environmental Protection Agency, 
EN-340, 1200 Pennsylvania Ave., NW., Washington, DC 20460.

[54 FR 14560, Apr. 11, 1989, as amended at 57 FR 31922, July 17, 1992; 
70 FR 40437, July 13, 2005]



Sec. 86.1006-84  Entry and access.

    (a) To allow the Administrator to determine whether a manufacturer 
is complying with the provisions of this subpart and a test order issued 
thereunder, EPA Enforcement Officers are authorized to enter during 
operating hours and upon presentation of credentials any of the 
following:
    (1) Any facility where any engine or vehicle to be introduced into 
commerce or any emission related component is manufactured, assembled, 
or stored;
    (2) Any facility where any tests conducted pursuant to a test order 
or any procedures or activities connected with these tests are or were 
performed;
    (3) Any facility where any engine or vehicle which is being tested, 
was tested, or will be tested is present; and
    (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 (a) of 
this section, EPA Enforcement Officers are authorized to perform the 
following inspection-related activities:
    (1) To inspect and monitor any aspects of engine or vehicle 
manufacture, assembly, storage, testing and other procedures, and the 
facilities in which these procedures are conducted;
    (2) To inspect and monitor any aspect of engine or vehicle test 
procedures or activities, including, but not limited to, monitoring 
engine or vehicle selection, preparation, service or mileage 
accumulation, preconditioning, emission test cycles, and maintenance; 
and to verify calibration of test equipment;
    (3) To inspect and make copies of any records or documents related 
to the assembly, storage, selection and testing of an engine or vehicle 
in compliance with a test order; and
    (4) To inspect and photograph any part or aspect of any engine or 
vehicle and any component used in the assembly thereof that is 
reasonably related to the purpose of the entry.
    (c) EPA Enforcement Officers are authorized to obtain reasonable 
assistance without cost from those in charge of a facility to help them 
perform any function listed in this subpart and are authorized to 
request the recipient of a test order to make arrangements with those in 
charge of a facility operated for its benefit to furnish reasonable 
assistance without cost to EPA whether or not the recipient controls the 
facility.
    (d) EPA Enforcement Officers are authorized to seek a warrant or 
court order authorizing the EPA Enforcement Officers 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 may proceed ex parte to obtain a warrant whether or 
not the Enforcement Officers first attempted to seek permission of the 
recipient of the test order or the party in charge of the facilities in 
question to conduct activities related to entry and access as authorized 
in this section.
    (e) A recipient of a test order shall permit EPA Enforcement 
Officers who present a warrant or court order as described in paragraph 
(d) 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 recipient shall cause those in charge of its facility or a 
facility operated for its benefit to permit EPA Enforcement Officers to 
conduct activities related to entry and access as authorized in this 
section pursuant to a warrant or court order whether or not the 
recipient controls the facility. In the absence of such a warrant or 
court order, EPA Enforcement Officers may conduct activities related to 
entry and access as authorized in this section only upon the consent of 
the recipient of the test order or the party in charge of the facilities 
in question.
    (f) It is not a violation of this part or the Clean Air Act for any 
person to refuse to permit EPA Enforcement Officers to conduct 
activities related to entry and access as authorized in this section 
without a warrant or court order.

[[Page 65]]

    (g) A manufacturer is responsible for locating its foreign testing 
and manufacturing facilities in jurisdictions in which local foreign law 
does not prohibit EPA Enforcement Officers from conducting the entry and 
access activities specified in this section. EPA will not attempt to 
make any inspections which it has been informed that local foreign law 
prohibits.
    (h) For purposes of this section, the following definitions are 
applicable:
    (1) Presentation of credentials means display of the document 
designating a person as an EPA Enforcement Officer.
    (2) Where engine or vehicle storage areas or facilities are 
concerned, operating hours 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 covered by paragraph 
(h)(2) of this section are concerned, operating hours means all times 
during which an assembly line is in operation, engine or vehicle 
assembly is taking place, testing, repair, service accumulation, 
production or compilation of records is taking place, or any other 
procedure or activity related to engine or vehicle manufacture, assembly 
or testing is being carried out in a facility.
    (4) Reasonable assistance includes, but is not limited to, clerical, 
copying, interpreting and translating services, and the making available 
on an EPA Enforcement Officer's 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 or her questions. 
Any employee whom an EPA Enforcement Officer requests the manufacturer 
to cause to appear for questioning will be entitled to be accompanied, 
represented and advised by counsel.

[45 FR 63772, Sept. 25, 1980, as amended at 48 FR 52208, Nov. 16, 1983]



Sec. 86.1007-84  Sample selection.

    (a) Engines or vehicles comprising a test sample which are required 
to be tested, pursuant to a test order issued in accordance with this 
subpart, will be selected at the location and in the manner specified in 
the test order. If a manufacturer determines that the test engines or 
vehicles cannot be selected in the manner specified in the test order, 
an alternative selection procedure may be employed: Provided, That the 
manufacturer requests approval of the alternative procedure in advance 
of the start of test sample selection and that the Administrator 
approves the procedure.
    (b) The manufacturer shall have assembled the test engines or 
vehicles of the configuration selected for testing using its normal mass 
production process for engines or vehicles to be distributed into 
commerce. During the audit, the manufacturer shall inform the 
Administrator of any change(s) implemented in its production processes, 
including quality control, which may reasonably be expected to affect 
the emissions of the vehicles or engines selected, between the time the 
manufacturer is notified of a test order and the time the manufacturer 
finishes selecting test vehicles or engines. In the case of heavy-duty 
engines, if the test engines are selected at a location where they do 
not have their operational and emission control systems installed, the 
test order will specify the manner and location for selection of 
components to complete assembly of the engines. The manufacturer shall 
assemble these components onto the test engines using normal assembly 
and quality control procedures as documented by the manufacturer.
    (c) No quality control, testing, or assembly procedures will be used 
on the completed test engine or vehicle or any portion thereof, 
including parts and subassemblies, that has not been or will not be used 
during the production and assembly of all other engines or vehicles of 
that configuration, except, that the Administrator may approve a 
modification in the normal assembly procedures pursuant to paragraph (b) 
of this section.
    (d) The test order may specify that EPA Enforcement Officers, rather 
than the manufacturer, will select the test engines or vehicles 
according to the method specified in the test order.
    (e) The order in which test engines or vehicles are selected 
determines the order in which test results are to be

[[Page 66]]

used in applying the sampling plan in accordance with Sec. 86.1010-84.
    (f) The manufacturer shall keep on hand all untested engines or 
vehicles, if any, comprising the test sample until such time as a pass 
or fail decision is reached in accordance with Sec. 86.1010-84(d). The 
manufacturer may ship any tested engine or vehicle which has not failed 
in accordance with Sec. 86.1010-84(b). However, once the manufacturer 
ships any test engine or vehicle, it relinquishes the prerogative to 
conduct retests as provided in Sec. 86.1008-84(i).

[45 FR 63772, Sept. 25, 1980, as amended at 48 FR 52208, Nov. 16, 1983]



Sec. 86.1008-2001  Test procedures.

    (a)(1)(i) For heavy-duty engines, the prescribed test procedure is 
the Federal Test Procedure as described in subparts N, I, and P of this 
part. The Administrator, may on the basis of a written application by a 
manufacturer, approve optional test procedures other than those in 
subparts N, I, and P of this part for any heavy-duty vehicle which is 
not susceptible to satisfactory testing using the procedures in subparts 
N, I, and P of this part.
    (ii) For heavy-duty vehicles the prescribed test procedures are the 
Fuel Dispensing Spitback Test as described in Sec. 86.1246-96 (for HDVs 
with a GVW of less than 14,000 pounds (6,400 kilograms)); this test for 
fuel spitback is conducted as a stand alone test, thus all references to 
the test sequence described in figure M96-1 of subpart M of this part 
can be ignored. Further, the Administrator may, on the basis of a 
written application by a manufacturer, approve optional test procedures 
other than those in subpart M of this part for any heavy-duty vehicle 
which is not susceptible to satisfactory testing using the procedures in 
subpart M of this part.
    (iii) During the testing of heavy-duty diesel engines, the 
manufacturer shall decide for each engine, prior to the start of the 
initial cold cycle, whether the measurement of background particulate is 
required for the cold and hot cycles to be valid. The manufacturer may 
choose to have different requirements for the cold and hot cycles. If a 
manufacturer chooses to require the measurement of background 
particulate, failure to measure background particulate shall void the 
test cycle regardless of the test results. If a test cycle is void, the 
manufacturer shall retest using the same validity requirements of the 
initial test.
    (2) For light-duty trucks, the prescribed test procedures are the 
Federal Test Procedure as described in subpart B and/or subpart R of 
this part, whichever is applicable, the idle CO test procedure as 
described in subpart P of this part, the cold temperature CO test 
procedure as described in subpart C of this part, and the Certification 
Short Test procedure as described in subpart O of this part. For 
purposes of Selective Enforcement Audit Testing, the manufacturer shall 
not be required to perform any of the test procedures in subpart B of 
this part relating to evaporative emission testing, other than refueling 
emissions testing, except as specified in paragraph (a)(3) of this 
section. The Administrator may select and prescribe the sequence of any 
CSTs. Further, the Administrator may, on the basis of a written 
application by a manufacturer, approve optional test procedures other 
than those in subparts B, C, P, O, and R of this part for any motor 
vehicle which is not susceptible to satisfactory testing using the 
procedures in subparts B, C, P, O, and R of this part.
    (3) When testing light-duty trucks, the following exceptions to the 
test procedures in subpart B and/or subpart R of this part are 
applicable to Selective Enforcement Audit testing:
    (i) For mileage accumulation, the manufacturer may use test fuel 
meeting the specifications for mileage and service accumulation fuels of 
Sec. 86.113, or, for vehicles certified to the National LEV standards, 
the specifications of Sec. 86.1771. Otherwise, the manufacturer may use 
fuels other than those specified in this section only with the advance 
approval of the Administrator.
    (ii) The manufacturer may measure the temperature of the test fuel 
at other than the approximate mid-volume of the fuel tank, as specified 
in Sec. 86.131-96(a) with only a single temperature sensor, and may 
drain the test fuel from other than the lowest point of the tank, as 
specified in Sec. Sec. 86.131-96(b) and 86.152-98(a), provided an

[[Page 67]]

equivalent method is used. Equivalency documentation shall be maintained 
by the manufacturer and shall be made available upon request.
    (iii) The manufacturer may perform additional preconditioning on SEA 
test vehicles other than the preconditioning specified in Sec. 86.132, 
or Sec. 86.1773 for vehicles certified to the National LEV standards, 
only if the additional preconditioning was performed on certification 
test vehicles of the same configuration.
    (iv) If the Administrator elects to use the evaporative/refueling 
canister preconditioning procedure described in Sec. 86.132-96(k), the 
manufacturer shall perform the heat build procedure 11 to 34 hours 
following vehicle preconditioning rather than according to the time 
period specified in Sec. 86.133-90(a). All references to an evaporative 
emission enclosure and analyzing for HC during the heat build can be 
ignored.
    (v) The manufacturer may substitute slave tires for the drive wheel 
tires on the vehicle as specified in paragraph Sec. 86.135-90(e): 
Provided, that the slave tires are the same size.
    (vi) If the Administrator elects to use the evaporative/refueling 
canister preconditioning procedure described in Sec. 86.132-96(k), the 
cold start exhaust emission test described in Sec. 86.137-96 shall 
follow the heat build procedure described in Sec. 86.133-90 by not more 
than one hour.
    (vii) In performing exhaust sample analysis under Sec. 86.140-94.
    (A) When testing diesel vehicles, or methanol-fueled Otto-cycle 
vehicles, the manufacturer shall allow a minimum of 20 minutes warm-up 
for the HC analyzer, and for diesel vehicles, a minimum of two hours 
warm-up for the CO, CO2. and NOX analyzers. (Power 
is normally left on infrared and chemiluminescent analyzers. When not in 
use, the chopper motors of the infrared analyzers are turned off and the 
phototube high voltage supply to the chemiluminescent analyzers is 
placed in the standby position.)
    (B) The manufacturer shall exercise care to prevent moisture from 
condensing in the sample collection bags.
    (viii) The manufacturer need not comply with Sec. 86.142, Sec. 
86.155, or Sec. 86.1775 since the records required therein are provided 
under other provisions of this subpart K.
    (ix) If a manufacturer elects to perform the background 
determination procedure described in paragraph (a)(3)(xi) of this 
section in addition to performing the refueling emissions test 
procedure, the elapsed time between the initial and final FID readings 
shall be recorded, rounded to the nearest second rather than minute as 
described in Sec. 86.154-98(e)(8). In addition, the vehicle soak 
described in Sec. 86.153-98(e) shall be conducted with the windows and 
luggage compartment of the vehicle open.
    (x) The Administrator may elect to perform a seal test, described in 
Sec. 86.153-98(b), of both integrated and non-integrated systems 
instead of the full refueling test. When testing non-integrated systems, 
a manufacturer may conduct the canister purge described in Sec. 86.153-
98(b)(1) directly following the preconditioning drive described in Sec. 
86.132-96(e) or directly following the exhaust emissions test described 
in Sec. 86.137-96.
    (xi) In addition to the refueling test, a manufacturer may elect to 
perform the following background emissions determination immediately 
prior to the refueling measurement procedure described in Sec. 86.154-
98, provided EPA is notified of this decision prior to the start of 
testing in an SEA.
    (A) The SHED shall be purged for several minutes immediately prior 
to the background determination. 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.
    (B) The FID (or HFID) hydrocarbon analyzer shall be zeroed and 
spanned immediately prior to the background determination. If not 
already on, the enclosure mixing fan and the spilled fuel mixing blower 
shall be turned on at this time.
    (C) Place the vehicle in the SHED. The ambient temperature level 
encountered by the test vehicle during the entire background emissions 
determination shall be 80 [deg]F 3 [deg]F. The 
windows

[[Page 68]]

and luggage compartment of the vehicle must be open and the gas cap must 
be secured.
    (D) Seal the SHED. Immediately analyze the ambient concentration of 
hydrocarbons in the SHED and record. This is the initial background 
hydrocarbon concentration.
    (E) Soak the vehicle for ten minutes 1 minute.
    (F) The FID (or HFID) hydrocarbon analyzer shall be zeroed and 
spanned immediately prior to the end of the background determination.
    (G) Analyze the ambient concentration of hydrocarbons in the SHED 
and record. This is the final background hydrocarbon concentration.
    (H) The total hydrocarbon mass emitted during the background 
determination is calculated according to Sec. 86.156-98. To obtain a 
per-minute background emission rate, divide the total hydrocarbon mass 
calculated in this paragraph by the duration of the soak, rounded to the 
nearest second, described in paragraph (a)(3)(xi)(G) of this section.
    (I) The background emission rate is multiplied by the duration of 
the refueling measurement obtained in paragraph (a)(3)(ix) of this 
section. This number is then subtracted from the total grams of 
emissions calculated for the refueling test according to Sec. 86.156-
98(a) to obtain the adjusted value for total refueling emissions. The 
final results for comparison with the refueling emission standard shall 
be computed by dividing the adjusted value for total refueling mass 
emissions by the total gallons of fuel dispensed in the refueling test 
as described in Sec. 86.156-98(b).
    (xii) In addition to the requirements of subpart B of this part, the 
manufacturer shall prepare gasoline-fueled and methanol-fueled vehicles 
as follows prior to emission testing:
    (A) The manufacturer shall inspect the fuel system to ensure the 
absence of any leaks of liquid or vapor to the atmosphere by applying a 
pressure of 14.50.5 inches of water (3.60.1 Kpa) to the fuel system allowing the pressure to 
stabilize and isolating the fuel system from the pressure source. 
Following isolation of the fuel system, pressure must not drop more than 
2.0 inches of water (0.5 Kpa) in five minutes. If required, the 
manufacturer shall perform corrective action in accordance with 
paragraph (d) of this section and report this action in accordance with 
Sec. 86.1009-2001(d).
    (B) When performing this pressure check, the manufacturer shall 
exercise care to neither purge nor load the evaporative or refueling 
emission control systems.
    (C) The manufacturer may not modify the test vehicle's evaporative 
or refueling emission control systems by component addition, deletion, 
or substitution, except to comply with paragraph (a)(3)(ii) of this 
section if approved in advance by the Administrator.
    (4) When testing light-duty trucks, the following exceptions to the 
test procedures in subpart C of this part are applicable to Selective 
Enforcement Audit testing:
    (i) The manufacturer may measure the temperature of the test fuel at 
other than the approximate mid-volume of the fuel tank, as specified in 
Sec. 86.131-90(a), and may drain the test fuel from other than the 
lowest point of the fuel tank as specified in Sec. 86.131-90(b), 
provided an equivalent method is used. Equivalency documentation shall 
be maintained by the manufacturer and shall be made available to the 
Administrator upon request.
    (ii) In performing exhaust sample analysis under Sec. 86.140-94, 
the manufacturer shall exercise care to prevent moisture from condensing 
in the sample collection bags.
    (iii) The manufacturer need not comply with Sec. 86.142-90 since 
the records required therein are provided under other provisions of this 
subpart K.
    (iv) In addition to the requirements of subpart C of this part, the 
manufacturer shall prepare gasoline-fueled vehicles as follows prior to 
exhaust emission testing:
    (A) The manufacturer shall inspect the fuel system to ensure the 
absence of any leaks of liquid or vapor to the atmosphere by applying a 
pressure of 14.50.5 inches of water (3.60.1 Kpa) to the fuel system allowing the pressure to 
stabilize and isolating the fuel system from the pressure source. 
Following isolation of the fuel system, pressure must not drop more than 
2.0

[[Page 69]]

inches of water (0.5 Kpa) in five minutes. If required, the manufacturer 
shall perform corrective action in accordance with paragraph (d) of this 
section and report this action in accordance with Sec. 86.1009-2001(d).
    (B) When performing this pressure check, the manufacturer shall 
exercise care to neither purge nor load the evaporative or refueling 
emission control system.
    (C) The manufacturer shall not modify the test vehicle's evaporative 
or refueling emission control system by component addition, deletion, or 
substitution, except if approved in advance by the Administrator, to 
comply with paragraph (a)(4)(ii) of this section.
    (5) When testing light-duty trucks, the exceptions to the test 
procedures in subpart O of this part applicable to Selective Enforcement 
Audit testing are listed in paragraphs (a)(5) (i) and (ii) of this 
section.
    (i) The manufacturer need not comply with Sec. 86.1442, since the 
records required therein are provided under provisions of this subpart 
K.
    (ii) In addition to the requirements of subpart O of this part, the 
manufacturer must prepare vehicles as in paragraphs (a)(5)(ii) (A) 
through (C) of this section prior to exhaust emission testing.
    (A) The manufacturer must inspect the fuel system to insure the 
absence of any leaks of liquid or vapor to the atmosphere by applying a 
pressure of 14.50.5 inches of water (3.60.1 Kpa) to the fuel system, allowing the pressure to 
stabilize, and isolating the fuel system from the pressure source. 
Pressure must not drop more than 2.0 inches of water (0.5 Kpa) in five 
minutes. If required, the manufacturer performs corrective action in 
accordance with this section and must report this action in accordance 
with Sec. 86.1009-2001.
    (B) When performing this pressure check, the manufacturer must 
exercise care to neither purge nor load the evaporative or refueling 
emission control system.
    (C) The manufacturer may not modify the test vehicle's evaporative 
or refueling emission control system by component addition, deletion, or 
substitution.
    (b)(1) The manufacturer shall not adjust, repair, prepare, or modify 
the vehicles selected for testing and shall not perform any emission 
tests on vehicles selected for testing pursuant to the test order unless 
this adjustment repair, preparation, modification, and/or tests are 
documented in the manufacturer's vehicle assembly and inspection 
procedures and are actually performed or unless these adjustments and/or 
tests are required or permitted under this subpart or are approved in 
advance by the Administrator.
    (2) For 1984 and later model years the Administrator may adjust or 
cause to be adjusted any engine or vehicle parameter which the 
Administrator has determined to be subject to adjustment for 
certification, Selective Enforcement Audit testing, and Production 
Compliance Audit testing in accordance with Sec. 86.090-22(c)(1), to 
any setting within the physically adjustable range of that parameter, as 
determined by the Administrator in accordance with Sec. 86.090-
22(e)(3)(ii), prior to the performance of any tests. 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 lower engine idle speed than will be possible 
within the physically adjustable range of the idle speed parameter if 
the manufacturer had accumulated 125 hours of service on the engine or 
4,000 miles on the vehicle under paragraph (c) of this section, all 
other parameters being identically adjusted for the purpose of 
comparison. The manufacturer may be requested to supply information to 
establish such an alternative minimum idle speed. 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 heavy-duty engines or light-duty trucks. 
In determining likelihood, the Administrator will consider factors such 
as, but not limited to, the effect of the adjustment on engine or 
vehicle performance characteristics and surveillance information from 
similar in-use vehicles.

[[Page 70]]

    (c) Prior to performing emission testing on an SEA test engine, the 
manufacturer may accumulate on each engine a number of hours of service 
equal to the greater of 125 hours or the number of hours the 
manufacturer accumulated during certification on the emission-data 
engine corresponding to the configuration specified in the test order. 
Prior to performing emission testing on an SEA test vehicle, the 
manufacturer may accumulate on each vehicle a number of miles equal to 
the greater of 4,000 miles, or the number of miles the manufacturer 
accumulated during certification on the emission-data vehicle 
corresponding to the configuration specified in the test order.
    (1) Service or mileage accumulation must be performed in a manner 
using good engineering judgment to obtain emission results 
representative of normal production vehicles. This service or mileage 
accumulation must be consistent with the new vehicle break-in 
instructions contained in the applicable vehicle owner's manual, if any.
    (2) The manufacturer shall accumulate service at a minimum rate of 
16 hours per engine or mileage at a minimum rate of 300 miles per 
vehicle during each 24-hour period, unless otherwise provided by the 
Administrator.
    (i) The first 24-hour period for service or mileage accumulation 
shall begin as soon as authorization checks, inspections and 
preparations are completed on each engine or vehicle.
    (ii) The minimum service or mileage accumulation rate does not apply 
on weekends or holidays.
    (iii) If the manufacturer's service or mileage accumulation target 
is less than the minimum rate specified (16 hours or 300 miles per day), 
then the minimum daily accumulation rate shall be equal to the 
manufacturer's service or mileage accumulation target.
    (3) Service or mileage accumulation shall be completed on a 
sufficient number of test engines or vehicles during consecutive 24-hour 
periods to assure that the number of engines or vehicles tested per day 
fulfills the requirements of paragraph (g) of this section.
    (d) The manufacturer shall not perform any maintenance on test 
vehicles or engines after selection for testing, nor shall the 
Administrator allow deletion of any test vehicle or engine from the test 
sequence, unless requested by the manufacturer, and approved by the 
Administrator before any test vehicle or engine maintenance or deletion.
    (e) The manufacturer shall expeditiously ship test engines or 
vehicles from the point of selection to the test facility. If the test 
facility is not located at or in close proximity to the point of 
selection, the manufacturer shall assure that the test engines or 
vehicles arrive at the test facility within 24 hours of selection: 
Except, that the Administrator may approve more time based upon a 
request by the manufacturer accompanied by a satisfactory justification.
    (f) If an engine or vehicle cannot complete the service or mileage 
accumulation or emission test because of a malfunction, the manufacturer 
may request that the Administrator authorize the repair of that engine 
or vehicle or its deletion from the test sequence.
    (g) Whenever the manufacturer conducts testing pursuant to a test 
order issued under this subpart, the manufacturer shall notify the 
Administrator within one working day of receipt of the test order, which 
test facility will be used to comply with the test order and the number 
of available test cells at that facility. If no test cells are available 
at the desired facility, the manufacturer must provide alternate testing 
capability satisfactory to the Administrator.
    (1) Heavy-duty engine manufacturers with projected sales for the 
United States market for that year of 30,000 or greater shall complete 
emission testing at their facility on a minimum of two engines per 24-
hour period, including each voided test and each diesel engine smoke 
test.
    (2) Heavy-duty engine manufacturers with projected sales for the 
United States market for that year of less than 30,000 shall complete 
emission testing at their facility on a minimum of one engine per 24-
hour period, including each voided test and each diesel engine smoke 
test.
    (3) Light-duty truck and heavy-duty vehicle manufacturers shall 
perform a

[[Page 71]]

combination of tests pursuant to paragraph (a) of this section so that a 
minimum of four tests are performed per 24 hour period, including voided 
tests, for each available test cell.
    (4) The Administrator may approve a longer period based upon a 
request by a manufacturer accompanied by satisfactory justification.
    (h) The manufacturer shall perform test engine or vehicle selection, 
shipping, preparation, service or mileage accumulation, and testing in 
such a manner as to assure that the audit is performed in an expeditious 
manner.
    (i) The manufacturer may retest any test vehicle or engine after a 
fail decision has been reached in accordance with Sec. 86.1010-2001(d) 
based on the first test on each vehicle or engine; except that the 
Administrator may approve retests at other times during the audit based 
upon a request by the manufacturer accompanied by a satisfactory 
justification. The manufacturer may test each vehicle or engine a total 
of three times. The manufacturer shall test each vehicle or engine the 
same number of times. The manufacturer may accumulate additional service 
or mileage before conducting retests, subject to the provisions of 
paragraph (c) of this section.

[59 FR 16305, Apr. 6, 1994, as amended at 62 FR 31239, June 6, 1997; 62 
FR 47123, Sept. 5, 1997]



Sec. 86.1008-2004  Test procedures.

    Section 86.1008-2004 includes text that specifies requirements that 
differ from Sec. 86.1008-2001. Where a paragraph in Sec. 86.1008-2001 
is identical and applicable to Sec. 86.1008-2004, this may be indicated 
by specifying the corresponding paragraph and the statement 
``[Reserved]. For guidance see Sec. 86.1008-2001.''.
    (a)(1)(i) For heavy-duty engines, the prescribed test procedure is 
the Federal Test Procedure as described in subparts N, I, and P of this 
part, except that 2004 and later model year engines shall not be subject 
to the test procedures specified in Sec. 86.1380, and 2007 and later 
model year engines shall not be subject to the test procedures specified 
in Sec. Sec. 86.1360(b)(2), 86.1360(f), 86.1370, and 86.1372. The 
Administrator may, on the basis of a written application by a 
manufacturer, approve optional test procedures other than those in 
subparts N, I, and P of this part for any heavy-duty vehicle which is 
not susceptible to satisfactory testing using the procedures in subparts 
N, I, and P of this part.
    (a)(1)(ii) through (i) [Reserved]. For guidance see Sec. 86.1008-
2001.

[65 FR 59957, Oct. 6, 2000]



Sec. 86.1009-2001  Calculation and reporting of test results.

    (a) Initial test results are calculated following the Federal Test 
Procedure specified in Sec. 86.1008-2001(a). Rounding is done 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.
    (b) Final test results are calculated by summing the initial test 
results derived in paragraph (a) of this section for each test vehicle 
or engine, dividing by the number of times that specific test has been 
conducted on the vehicle or engine, and rounding to the same number of 
decimal places contained in the applicable standard expressed to one 
additional significant figure. Rounding is done in accordance with ASTM 
E 29-67 (reapproved 1980) (as referenced in Sec. 86.094-
28(a)(4)(i)(B)(2)(ii)).
    (c) Final deteriorated test results. (1) The final deteriorated test 
results for each light-duty truck, heavy-duty engine, or heavy-duty 
vehicle tested according to subpart B, C, D, I, M, N, P, or R of this 
part are calculated by first multiplying or adding, as appropriate, the 
final test results by or to the appropriate deterioration factor derived 
from the certification process for the engine or evaporative/refueling 
family and model year to which the selected configuration belongs, and 
then by multiplying by the appropriate reactivity adjustment factor, if 
applicable. For the purpose of this paragraph (c), if a multiplicative 
deterioration factor as computed during the certification process is 
less than one, that deterioration factor will be one. If an additive 
deterioration factor as computed during the certification process is 
less than zero, that deterioration factor will be zero.

[[Page 72]]

    (2) Exceptions. There are no deterioration factors for light-duty 
truck emissions obtained during testing in accordance with subpart O of 
this part or with Sec. 86.146-96. Accordingly, for the CST and the fuel 
dispensing spitback test the term ``final deteriorated test results'' 
means the final test results derived in paragraph (b) of this section 
for each test vehicle.
    (3) The final deteriorated test results obtained in paragraph (c) 
(1) and (2) of this section are rounded to the same number of decimal 
places contained in the applicable emission standard. Rounding is done 
in accordance with ASTM E 29-67 (reapproved 1980) (as referenced in 
Sec. 86.094-28(a)(4)(i)(B)(2)(ii)).
    (d) Within five working days after completion of testing of all 
engines or vehicles pursuant to a test order, the manufacturer shall 
submit to the Administrator a report which includes the following 
information:
    (1) The location and description of the manufacturer's emission test 
facilities which were utilized to conduct testing reported pursuant to 
this section.
    (2) The applicable standards or compliance levels against which the 
engines or vehicles were tested.
    (3) Deterioration factors for the selected configuration.
    (4) A description of the engine or vehicle and any emission-related 
component selection method used.
    (5) For each test conducted.
    (i) Test engine or vehicle description including:
    (A) Configuration, engine family, and evaporative/refueling family 
identification.
    (B) Year, make, build date, and model of vehicle.
    (C) Vehicle Identification Number.
    (D) Miles accumulated on vehicle.
    (ii) Location where mileage accumulation was conducted and 
description of accumulation schedule.
    (iii) Test number, date initial test results, final results and 
final deteriorated test results for all valid and invalid exhaust 
emission tests, and the reason for invalidation, if applicable.
    (iv) A complete description of any modification, repair, 
preparation, maintenance and/or testing which was performed on the test 
engine or vehicle and has not been reported pursuant to any other 
paragraph of this subpart and will not be performed on all other 
production engines or vehicles.
    (v) Where an engine or vehicle was deleted from the test sequence by 
authorization of the Administrator, the reason for the deletion.
    (vi) For all valid and invalid exhaust emission tests, carbon 
dioxide emission values for LDTs and brake-specific fuel consumption 
values for HDEs.
    (vii) Any other information the Administrator may request relevant 
to the determination as to whether the new motor vehicles being 
manufactured by the manufacturer do in fact conform with the regulations 
with respect to which the certificate of conformity was issued.
    (6) The following statement and endorsement:

    This report is submitted pursuant to sections 206 and 208 of the 
Clean Air Act. This Selective Enforcement Audit was conducted in 
complete conformance with all applicable regulations under 40 CFR part 
86 and the conditions of the test order. No emission related change(s) 
to production processes or quality control procedures for the engine or 
vehicle configuration tested have been made between receipt of this test 
order and conclusion of the audit. All data and information reported 
herein is, to the best of

________________________________________________________________________
(Company Name)

knowledge, true and accurate. I am aware of the penalties associated 
with violations of the Clean Air Act and the regulations thereunder.

________________________________________________________________________
(Authorized Company Representative)

[59 FR 16308, Apr. 6, 1994, as amended at 62 FR 31239, June 6, 1997]



Sec. 86.1010-2001  Compliance with acceptable quality level and passing and 

failing criteria for Selective Enforcement Audits.

    (a) The prescribed acceptable quality level is 40 percent.
    (b) A failed vehicle or engine is one whose final deteriorated test 
results pursuant to Sec. 86.1009-2001(c) exceed at least one of the 
applicable emission standards associated with the test procedures 
pursuant to Sec. 86.1008-2001(a).
    (c)(1) Pass/fail criteria. The manufacturer shall test light-duty 
trucks,

[[Page 73]]

heavy-duty engines, or heavy-duty vehicles comprising the test sample 
until a pass decision is reached for all of the pollutants associated 
with all of the test procedures pursuant to Sec. 86.1008-2001(a) or a 
fail decision is reached for one of these pollutants. A pass decision is 
reached when the cumulative number of failed vehicles or engines, as 
defined in paragraph (b) of this section, for each pollutant is less 
than or equal to the fail decision number appropriate to the cumulative 
number of vehicles tested. A fail decision is reached when the 
cumulative number of failed vehicles or engines for one pollutant is 
greater than or equal to the fail decision number appropriate to the 
cumulative number of vehicles tested. The pass and fail decision numbers 
associated with the cumulative number of vehicles tested are determined 
by use of the tables in appendix X of this part appropriate to the 
projected sales as made by the heavy-duty engine or heavy-duty vehicle 
manufacturer in its Application for Certification, or as made by the 
light-duty truck manufacturer in its report submitted under Sec. 
600.207-80(a)(2) of this chapter (Automobile Fuel Economy Regulations). 
In the tables in appendix X of this part, sampling plan ``stage'' refers 
to the cumulative number of vehicles or engines tested. Once a pass 
decision has been made for a particular pollutant associated with a 
particular test procedure pursuant to Sec. 86.1008-2001(a), the number 
of vehicles or engines whose final deteriorated test results exceed the 
emission standard for that pollutant may not be considered any further 
for purposes of the audit.
    (2) CST criteria only. For CST testing pursuant to subpart O, a pass 
or fail decision is determined according to the pass/fail criteria 
described in paragraph (c)(1) of this section, except that for each 
vehicle, the CST in its entirety is considered one pollutant.
    (d) Passing or failing of an SEA audit occurs when the decision is 
made on the last vehicle or engine required to make a decision under 
paragraph (c) of this section.
    (e) The Administrator may terminate testing earlier than required in 
paragraph (c) of this section.

[59 FR 16309, Apr. 6, 1994]



Sec. 86.1012-97  Suspension and revocation of certificates of conformity.

    (a) The certificate of conformity is immediately suspended with 
respect to any engine or vehicle failing pursuant to Sec. 86.1010(b) 
effective from the time that testing of that engine or vehicle is 
completed.
    (b)(1) Selective Enforcement Audits. The Administrator may suspend 
the certificate of conformity for a configuration that does not pass a 
Selective Enforcement Audit pursuant to Sec. 86.1010(c) based on the 
first test, or all tests, conducted on each engine or vehicle. This 
suspension will not occur before ten days after failure to pass the 
audit.
    (2) California Assembly-Line Quality Audit Testing. The 
Administrator may suspend the certificate of conformity for a 50-state 
engine family or configuration tested in accordance with procedures 
prescribed under Sec. 86.1008 that the Executive Officer has determined 
to be in non-compliance with one or more applicable pollutants based on 
Chapter 1 or Chapter 2 of the California Regulatory Requirements 
Applicable to the National Low Emission Vehicle Program (October, 1996), 
if the results of vehicle testing conducted by the manufacturer do not 
meet the acceptable quality level criteria pursuant to Sec. 86.1010. 
The California Regulatory Requirements Applicable to the National Low 
Emission Vehicle Program (October, 1996) are incorporated by reference 
(see Sec. 86.1). A vehicle that is tested by the manufacturer in 
accordance with procedures prescribed under Sec. 86.1008 and determined 
to be a failing vehicle pursuant to Chapter 1 or Chapter 2 of the 
California Regulatory Requirements Applicable to the National Low 
Emission Vehicle Program (October, 1996) will be treated as a failed 
vehicle described in Sec. 86.1010(b), unless the manufacturer can show 
that the vehicle would not be considered a failed vehicle using the test 
procedures specified in Sec. 86.1008. This suspension will not occur 
before ten days after the manufacturer receives written notification 
that the Administrator has determined the 50-state engine family or 
configuration exceeds one or more applicable federal standards.

[[Page 74]]

    (c)(1) Selective Enforcement Audits. If the results of engine or 
vehicle testing pursuant to the requirements of this subpart indicate 
that engines or vehicles of a particular configuration produced at more 
than one plant do not conform to the regulations with respect to which 
the certificate of conformity was issued, the Administrator may suspend 
the certificate of conformity with respect to that configuration for 
engines or vehicles manufactured by the manufacturer in other plants of 
the manufacturer.
    (2) California Assembly-Line Quality Audit Testing. If the 
Administrator determines that the results of vehicle testing pursuant to 
Chapter 1 or Chapter 2 of the California Regulatory Requirements 
Applicable to the National Low Emission Vehicle Program (October, 1996) 
and the procedures prescribed in Sec. 86.1008 indicate the vehicles of 
a particular 50-state engine family or configuration produced at more 
than one plant do not conform to applicable regulations with respect to 
which a certificate of conformity was issued, the Administrator may 
suspend, pursuant to paragraph (b)(2) of this section, the certificate 
of conformity with respect to that engine family or configuration for 
vehicles manufactured by the manufacturer in other plants of the 
manufacturer. The California Regulatory Requirements Applicable to the 
National Low Emission Vehicle Program (October, 1996) are incorporated 
by reference (see Sec. 86.1).
    (d) The Administrator will notify the manufacturer in writing of any 
suspension or revocation of a certificate of conformity in whole or in 
part: Except, that the certificate is immediately suspended with respect 
to any failed engines or vehicles as provided for in paragraph (a) of 
this section.
    (e)(1) Selective Enforcement Audits. The Administrator may revoke a 
certificate of conformity for a configuration when the certificate has 
been suspended pursuant to paragraph (b)(1) or (c)(1) of this section if 
the proposed remedy for the nonconformity, as reported by the 
manufacturer to the Administrator is one requiring a design change(s) to 
the engine and/or emission control system as described in the 
Application for Certification of the affected configuration.
    (2) California Assembly-Line Quality Audit Testing. The 
Administrator may revoke a certificate of conformity for an engine 
family or configuration when the certificate has been suspended pursuant 
to paragraph (b)(2) or (c)(2) of this section if the proposed remedy for 
the nonconformity, as reported by the manufacturer to the Executive 
Officer and/or the Administrator, is one requiring a design change(s) to 
the engine and/or emission control system as described in the 
Application for Certification of the affected engine family or 
configuration.
    (f) Once a certificate has been suspended for a failed engine or 
vehicle as provided for in paragraph (a) of this section, the 
manufacturer must take the following actions:
    (1) Before the certificate is reinstated for that failed engine or 
vehicle--
    (i) Remedy the nonconformity; and
    (ii) Demonstrate that the engine or vehicle's final deteriorated 
test results conform to the applicable emission standards or family 
particulate emission limits, as defined in this part 86 by retesting the 
engine or vehicle in accordance with the requirements of this subpart.
    (2) Submit a written report to the Administrator within thirty days 
after successful completion of testing on the failed engine or vehicle, 
which contains a description of the remedy and test results for the 
engine or vehicle in addition to other information that may be required 
by this subpart.
    (g) Once a certificate has been suspended pursuant to paragraph (b) 
or (c) of this section, the manufacturer must take the following actions 
before the Administrator will consider reinstating such certificate:
    (1) Submit a written report to the Administrator which identifies 
the reason for the noncompliance of the vehicles, describes the proposed 
remedy, including a description of any proposed quality control and/or 
quality assurance measures to be taken by the manufacturer to prevent 
the future occurrence of the problem, and states the date on which the 
remedies will be implemented.

[[Page 75]]

    (2) Demonstrate that the engine family or configuration for which 
the certificate of conformity has been suspended does in fact comply 
with the requirements of this subpart by testing engines or vehicles 
selected from normal production runs of that engine family or 
configuration at the plant(s) or the facilities specified by the 
Administrator, in accordance with:
    (i) The conditions specified in the initial test order pursuant to 
Sec. 86.1003 for a configuration suspended pursuant to paragraph (b)(1) 
or (c)(1) of this section; or
    (ii) The conditions specified in a test order pursuant to Sec. 
86.1003 for an engine family or configuration suspended pursuant to 
paragraph (b)(2) or (c)(2) of this section.
    (3) If the Administrator has not revoked the certificate pursuant to 
paragraph (e) of this section and if the manufacturer elects to continue 
testing individual engines or vehicles after suspension of a 
certificate, the certificate is reinstated for any engine or vehicle 
actually determined to have its final deteriorated test results in 
conformance with the applicable standards through testing in accordance 
with the applicable test procedures.
    (4) In cases where the Administrator has suspended a certificate of 
conformity for a 50-state engine family or configuration pursuant to 
paragraph (b)(2) or (c)(2) of this section, manufacturers may request in 
writing that the Administrator reinstate the certificate of an engine 
family or configuration when, in lieu of the actions described in 
paragraphs (g) (1) and (2) of this section, the manufacturer has 
complied with Chapter 3 of the California Regulatory Requirements 
Applicable to the National Low Emission Vehicle Program (October, 1996), 
provided an Executive Order is in place for the engine family or 
configuration. The California Regulatory Requirements Applicable to the 
National Low Emission Vehicle Program (October, 1996) are incorporated 
by reference (see Sec. 86.1).
    (h) Once a certificate for a failed engine family or configuration 
has been revoked under paragraph (e) (1) or (2) of this section and the 
manufacturer desires to introduce into commerce a modified version of 
that engine family or configuration the following actions will be taken 
before the Administrator may issue a certificate for the new engine 
family or configuration:
    (1) If the Administrator determines that the proposed change(s) in 
engine or vehicle design may have an effect on emission performance 
deterioration and/or fuel economy, he/she shall notify the manufacturer 
within 5 working days after receipt of the report in paragraph (g)(1) of 
this section or after receipt of information pursuant to paragraph 
(g)(4) of this section whether subsequent testing under this subpart 
will be sufficient to evaluate the proposed change(s) or whether 
additional testing will be required.
    (2) After implementing the change(s) intended to remedy the 
nonconformity, the manufacturer shall demonstrate:
    (i) If the certificate was revoked pursuant to paragraph (e)(1) of 
this section, that the modified configuration does in fact conform with 
the requirements of this subpart by testing engines or vehicles selected 
from normal production runs of that modified configuration in accordance 
with the conditions specified in the initial test order pursuant to 
Sec. 86.1003. The Administrator shall consider this testing to satisfy 
the testing requirements of Sec. 86.079-32 or Sec. 86.079-33 if the 
Administrator had so notified the manufacturer. If the subsequent 
testing results in a pass decision pursuant to the criteria in Sec. 
86.1010(c), the Administrator shall reissue or amend the certificate, if 
necessary, to include that configuration: Provided, that the 
manufacturer has satisfied the testing requirements specified in 
paragraph (h)(1) of this section. If the subsequent audit results in a 
fail decision pursuant to the criteria in Sec. 86.1010(c), the 
revocation remains in effect. Any design change approvals under this 
subpart are limited to the modification of the configuration specified 
by the test order.
    (ii) If the certificate was revoked pursuant to paragraph (e)(2) of 
this section, that the modified engine family or configuration does in 
fact conform with the requirements of this subpart by testing vehicles 
selected from normal production runs of that modified engine family or 
configuration in accordance with the conditions specified

[[Page 76]]

in a test order pursuant to Sec. 86.1003. The Administrator shall 
consider this testing to satisfy the testing requirements of Sec. 
86.079-32 or Sec. 86.079-33 if the Administrator had so notified the 
manufacturer. If the subsequent testing results in a pass decision 
pursuant to Sec. 86.1010(c), the Administrator shall reissue or amend 
the certificate as necessary: Provided, that the manufacturer has 
satisfied the testing requirements specified in paragraph (h)(1) of this 
section. If the subsequent testing results in a fail decision pursuant 
to Sec. 86.1010(c), the revocation remains in effect. Any design change 
approvals under this subpart are limited to the modification of the 
engine family or configuration specified by the test order.
    (3) In cases where the Administrator has revoked a certificate of 
conformity for a 50-state engine family or configuration pursuant to 
paragraph (e)(2) of this section, manufacturers may request in writing 
that the Administrator reissue the certificate for an engine family or 
configuration when, in lieu of the actions described in paragraphs (h) 
(1) and (2) of this section, the manufacturer has complied with Chapter 
3 of the California Regulatory Requirements Applicable to the National 
Low Emission Vehicle Program (October, 1996), provided an Executive 
Order is in place for the engine family or configuration. The California 
Regulatory Requirements Applicable to the National Low Emission Vehicle 
Program (October, 1996) are incorporated by reference (see Sec. 86.1).
    (i) through (k) [Reserved]
    (l) At any time subsequent to an initial suspension of a certificate 
of conformity for a test engine or vehicle pursuant to paragraph (a) of 
this section, but not later than fifteen (15) days or such other period 
as may be allowed by the Administrator after notification of the 
Administrator's decision to suspend or revoke a certificate of 
conformity in whole or in part pursuant to paragraphs (b), (c), (d), 
(e), or (h) of this section, a manufacturer may request a hearing as to 
whether the tests have been properly conducted or any sampling methods 
have been properly applied.
    (m) After the Administrator suspends or revokes a certificate of 
conformity pursuant to this section or notifies a manufacturer of his 
intent to suspend, revoke or void a certificate of conformity under 
paragraph Sec. 86.087-30(e), and prior to the commencement of a hearing 
under Sec. 86.1014, if the manufacturer demonstrates to the 
Administrator's satisfaction that the decision to suspend, revoke or 
void the certificate was based on erroneous information, the 
Administrator shall reinstate the certificate.
    (n) To permit a manufacturer to avoid storing non-test engines or 
vehicles when conducting testing of an engine family or configuration 
subsequent to suspension or revocation of the certificate of conformity 
for that engine family or configuration pursuant to paragraph (b), (c), 
or (e) of this section, the manufacturer may request that the 
Administrator conditionally reinstate the certificate for that engine 
family or configuration. The Administrator may reinstate the certificate 
subject to the condition that the manufacturer consents to recall all 
engines or vehicles of that engine family or configuration produced from 
the time the certificate is conditionally reinstated if the engine 
family or configuration fails the subsequent testing and to remedy any 
nonconformity at no expense to the owner.

[62 FR 31240, June 6, 1997]



Sec. 86.1014-84  Hearings on suspension, revocation and voiding of certificate 

of conformity.

    (a) Applicability. The procedures prescribed by this section apply 
whenever a manufacturer requests a hearing pursuant to Sec. 86.087-30 
(e)(6)(i), Sec. 86.087-30(e)(7), or Sec. 86.1012-84(1).
    (b) Definitions. The following definitions are applicable to this 
section:
    (1) Hearing Clerk shall mean the Hearing Clerk of the Environmental 
Protection Agency.
    (2) Manufacturer means a manufacturer contesting a suspension or 
revocation order directed at the manufacturer.
    (3) Party means the Agency and the manufacturer.

[[Page 77]]

    (4) Presiding Officer means an Administrative Law Judge appointed 
pursuant to 5 U.S.C. 3105 (see also 5 CFR part 930 as amended).
    (5) 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.
    (c) Request for public hearing. (1) If the manufacturer disagrees 
with the Administrator's decision to suspend, revoke or void a 
certificate or disputes the basis for an automatic suspension pursuant 
to Sec. 86.1012-84(a), the manufacturer may request a public hearing as 
described in this section. The manufacturer shall file with the 
Administrator a request for this hearing not later than fifteen (15) 
days after the Administrator's notification of his decision to suspend 
or revoke unless otherwise specified by the Administrator. The 
manufacturer shall simultaneously serve two copies of this request upon 
the Director of the Manufacturers Operations Division and file two 
copies with the Hearing Clerk. Failure of the manufacturer to request a 
hearing within the time provided constitutes a waiver of the right to a 
hearing. 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 
suspension or revocation.
    (2) A manufacturer shall include in the request for a public 
hearing--
    (i) A statement as to which engine or vehicle configuration is to be 
the subject of the hearing;
    (ii) A concise statement of the issues to be raised by the 
manufacturer at the hearing: Provided, however, That in the case of the 
hearing requested under Sec. 86.1012-84(1), the hearing is restricted 
to the following issues:
    (A) Whether tests have been properly conducted, specifically, 
Whether the tests were conducted in accordance with applicable 
regulations under this part and whether test equipment was properly 
calibrated and functioning; and
    (B) Whether sampling plans have been properly applied, specifically, 
whether sampling procedures specified in appendix X were followed and 
whether there exists a basis for distinguishing engines or vehicles 
produced at plants other than the one from which engines or vehicles 
were selected for testing which would invalidate the Administrator's 
decision under Sec. 86.1012-84(e);
    (iii) A statement specifying reasons why the manufacturer believes 
it will prevail on the merits of each of the issues raised; and
    (iv) A summary of the evidence which supports the manufacturer's 
position on each of the issues raised.
    (3) A copy of all requests for public hearings will be kept on file 
in the Office of the Hearing Clerk and will be made available to the 
public during Agency business hours.
    (d) Summary decision. (1) In the case of a hearing requested under 
Sec. 86.1012-84(1), when it clearly appears from the data and other 
information contained in the request for a hearing that there is no 
genuine and substantial question of fact with respect to the issues 
specified in Sec. 86.1014-84(c)(2)(ii), the Administrator shall enter 
an order denying the request for a hearing and reaffirming the original 
decision to suspend or revoke a certificate of conformity, if this 
decision has been made pursuant to Sec. 86.1012-84(g) at any time prior 
to the decision to deny the request for a hearing.
    (2) In the case of a hearing requested under Sec. 86.087-
30(e)(6)(i), to challenge a proposed suspension of a certificate of 
conformity for the reasons specified in

[[Page 78]]

Sec. 86.087-30(e)(1)(i) or (e)(1)(ii), when it clearly appears from the 
data and other information contained in the request for the hearing that 
there is no genuine and substantial question of fact with respect to the 
issue of whether the refusal to comply with the provisions of a test 
order or any other requirement of Sec. 86.1003-84 was caused by 
conditions and circumstances outside the control of the manufacturer, 
the Administrator shall enter an order denying the request for a hearing 
and suspending the certificate of conformity.
    (3) Any order issued under paragraph (d) (1) or (2) of this section 
has the force and effect of a final decision of the Administrator, as 
issued pursuant to paragraph (w)(4) of this section.
    (4) If the Administrator determines that a genuine and substantial 
question of fact does exist with respect to any of the issues referred 
to in paragraphs (d) (1) and (2) of this section, he shall grant the 
request for a hearing and publish a notice of public hearing in 
accordance with paragraph (h) of this section.
    (e) Filing and service. (1) An original and two copies of all 
documents or papers required or permitted to be filed pursuant to this 
section must be filed with the Hearing Clerk. Filing is considered 
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 must be sent to the address set forth in the 
notice of public hearing as described in paragraph (h) of this section.
    (2) To the maximum extent possible, testimony will be presented in 
written form. Copies of written testimony will be served upon all 
parties as soon as practicable prior to the start of the hearing. A 
certificate of service will 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 must be sent by 
registered mail to:

Director, Manufacturers Operations Division, U.S. Environmental 
Protection Agency, EN-340, 401 M St., SW., Washington, DC 20460.


Service by registered mail is complete upon mailing.
    (f) 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 is not 
included. Saturdays, Sundays, and Federal legal holidays are included in 
computing the period allowed for the filing of any document or paper, 
except that when the period expires on a Saturday, Sunday, or Federal 
legal holiday, the period is 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 is computed from the time of service, except that 
when service is accomplished by mail, three days will be added to the 
prescribed period.
    (g) 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 consolidation will expedite or simplify consideration of 
these issues. Consolidation does not affect the right of any party to 
raise issues that could have been raised if consolidation had not 
occurred.
    (h) Notice of public hearings. Notice of a public hearing under this 
section is given by publication in the Federal Register and by such 
other means as the Administrator finds appropriate to provide notice to 
the public. To the extent possible hearings under this section will be 
scheduled to commence within fourteen (14) days of receipt of the 
application in paragraph (c) of this section.
    (i) Amicus curiae. Persons not parties to the proceeding wishing to 
file briefs may do so by leave of the Presiding Officer granted on 
motion. A motion for leave must identify the interest of the applicant 
and state the reasons why the proposed amicus brief is desirable.
    (j) Presiding Officer. The Presiding Officer shall conduct a fair 
and impartial hearing in accordance with 5 U.S.C. sections 554, 556 and 
557 and 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

[[Page 79]]

the Administrative Procedure Act necessary to this end, including the 
power:
    (1) To administer oaths and affirmations;
    (2) To rule upon offers of proof and exclude irrelevant or 
repetitious material;
    (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 to these proceedings;
    (6) To require the submission of direct testimony in written form 
with or without affidavit whenever, in his opinion, oral testimony is 
not necessary for full and true disclosure of the facts;
    (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 on the record of the hearing; and
    (12) To issue, upon good cause shown, protective orders as described 
in paragraph (n) of this section.
    (k) Conferences. (1) The Presiding Officer may hold conferences 
prior to or during any hearing. The Presiding Officer shall direct the 
Hearing Clerk to notify all parties of the time and location of any 
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, order 
depositions to be taken, identify disputed issues of fact and law, and 
require or allow the submission of written testimony from any witness or 
party;
    (ii) Set a hearing schedule for as many of the following as he 
considers necessary:
    (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; and
    (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 Presiding Officer shall summarize in writing the results of 
any conference, including all stipulations, if not transcribed, and 
shall make the summary 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.
    (3) Any party affected by an action in paragraph (l)(2) of this 
section 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 provided by paragraph (m)(1) of 
this section, further discovery, under this paragraph is permitted only 
upon determination by the Presiding Officer:

[[Page 80]]

    (i) That this discovery will not in any way unreasonably delay the 
proceeding;
    (ii) That the information to be obtained is not obtainable 
voluntarily; and
    (iii) That the 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 will 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. The motion must include:
    (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 the 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 
part 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 trade secrets of the 
person being divulged, the Presiding Officer may enter a protective 
order with respect to this material. Any protective order will contain 
terms governing the treatment of the information which are appropriate 
under the circumstances to prevent disclosure outside the hearing: 
Provided, That the order states that the material will be filed 
separately from other evidence and exhibits in the hearing. Disclosure 
is 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 for 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 is 
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. (This provision is not 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 will be 
made of the in camera proceedings. If the Presiding Officer enters a 
protective order following a showing in camera, the record of the 
showing will 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 issues 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 this motion, shall enter an order protecting the rights of the 
affected persons and parties and preventing unnecessary disclosure of

[[Page 81]]

this information, including the presentation of the 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 these proposed findings, briefs, 
or other papers to the documents or testimony, including generalized 
statements based on their contents. To the extent that counsel considers 
it necessary to include specific details in their presentations, these 
details will be incorporated in separate proposed findings, briefs, or 
other paper marked ``confidential'', and wil become part of the in 
camera record.
    (o) Motions. (1) All motions, except those made orally during the 
course of the hearing, must be in writing and state with particularity 
the grounds therefor, set forth the relief or order sought, and be filed 
with the Hearing Clerk and served upon all parties.
    (2) Within the time 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 Appeals Board, as 
appropriate, considers it necessary.
    (p) Evidence. (1) The official transcripts and exhibits, together 
with all papers and requests filed in the proceeding, consitute the 
record. Immaterial or irrelevant part of an admissible document will be 
segregated and excluded so far as practicable. Documents or parts 
thereof subject to a protective order under pargarph (n) of this section 
wil 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 will be determined by its 
reliability and probative value.
    (2) The Presiding Officer shall allow the parties to examine and 
cross-examine a witness to the extent that this examination and cross-
examination is necessary for a full and true disclosure of the facts.
    (3) Ruling of the Presiding Officer on the admissibility of 
evidence, the propriety of examination and cross-examination, and other 
procedural matters will appear in the record.
    (4) Parties shall automatically be presumed to have taken exception 
to an adverse ruling.
    (q) Record. (1) Hearings will be stenographically reported and 
transcribed and the original transcripts will be part of the record and 
the sole official transcript. Copies of the record will be filed with 
the Hearing Clerk and made available during Agency business hours for 
public inspection. Any thereof, except as provided in paragraph (n) of 
this section, shall be entitled to the same upon payment of the cost 
thereof.
    (2) The official transcripts and exhibits, together with all paper 
and requests filed in the proceeding, constitute the record.
    (r) Proposed findings, conclusions. (1) Within four (4) days of the 
close of the reception of evidence, or within such longer time as the 
Presiding Officer may fix, any party may submit for the consideration of 
the Presiding Officer proposed findings of fact, conclusions of law, and 
proposed order, together with reasons therefor and briefs in support 
thereof. These proposals will be in writing, be served upon all parties, 
and contain adequate references to the record and authorities relied 
upon.
    (2) The record will 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.

[[Page 82]]

    (s) 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 fourteen (14) days (or within 
seven (7) days in the case of a hearing requested under Sec. 86.1012-
84(1)) after the period for filing proposed findings as provided for in 
paragraph (r) of this section has expired.
    (2) The Presiding Officer's decision shall become the decision of 
the Environmental Appeals Board:
    (i) When no notice of intention to appeal as described in paragraphs 
(t) and (u) of this section is filed, ten (10) days after issuance 
thereof, unless in the interim the Environmental Appeals Board shall 
have acted 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 paragraphs (t) or (u) of this section, five 
(5) days after the period allowed for perfection of an appeal has 
expired unless within that five (5) day period, the Environmental 
Appeals Board shall have acted to review or stay the effective date of 
the decision.
    (3) The Presiding Officer's decision must 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. The decision must 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.
    (t) 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 ten (10) days after 
issuance of the Presiding Officer's decision the party files a notice of 
intention to appeal and an appeal brief within twenty (20) days of the 
decision.
    (2) When an appeal is taken from the decision of the Presiding 
Officer, any party may file a brief with respect to the appeal. The 
party shall file the brief within fifteen (15) days of the date of the 
filing of the appellant's brief.
    (3) Any brief filed pursuant to this paragraph will 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; provided, 
however, that in the case of a hearing requested under Sec. 86.1012-
84(l), the brief will be restricted to the issues specified in paragraph 
(c)(2)(ii) of this section;
    (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 order for the Environmental Appeals Board's 
consideration if different from the order contained in the Presiding 
Officer's decision.
    (4) No brief in excess of 40 pages will be filed without leave of 
the Environmental Appeals Board.
    (5) The Environmental Appeals Board may allow oral argument.
    (u) Summary appeal. (1) In the case of a hearing requested under 
Sec. 86.1012-84(l), any appeal taken from the decision of the Presiding 
Officer will be conducted under this subsection.
    (2) Any party to the proceeding may appeal the Presiding Officer's 
decision to the Environmental Appeals Board by filing a notice of appeal 
within ten (10) days.
    (3) The notice of appeal must be in the form of a brief and conform 
to the requirements of paragraph (t)(3) of this section.
    (4) Within ten (10) days after a notice of appeal from the decision 
of the Presiding Officer is filed under this paragraph, any party may 
file a brief with respect to that appeal.
    (5) No brief in excess of fifteen (15) pages will be filed without 
leave of the Environmental Appeals Board.

[[Page 83]]

    (v) Review of the Presiding Officer's decision in the absence of 
appeal. (1) If after the expiration of the period for taking an appeal 
as provided for by paragraph (t) or (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 the decision of the 
Presiding Officer has been filed, or if filed, not perfected pursuant to 
paragraph (t) or (u) of this section, may, on its own motion, within the 
time limits specified in paragraph (s)(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 issues to be considered and shall make provision for 
filing of briefs.
    (w) Decision of 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, 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 order 
contained in the decision of the Presiding Officer and shall set forth 
in its decision a statement of the reasons or basis 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.
    (4) Any decision rendered under this paragraph which completes 
disposition of a case constitutes a final decision of the Environmental 
Appeals Board.
    (x) Reconsideration. (1) 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 final order and upon which the 
petitioner had no opportunity to argue before the Presiding Officer or 
the Environmental Appeals Board; Provided, however, That in the case of 
a hearing requested under Sec. 86.1012-84(1) such new questions shall 
be limited to the issues specified in paragraph (c)(2)(ii) of this 
section.
    (2) Any party desiring to oppose this petition shall file an 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 limited 
additional evidence such as affidavits which he may require, or dismiss 
any party with prejudice, for any of the following reasons:
    (i) Failure to state a claim upon which relief can be granted, or 
direct or collateral estoppel;
    (ii) The lack of any genuine issue of material fact, causing a party 
to be entitled to judgment as a matter of law; or
    (iii) Such other reasons as are just, including specifically failure 
to obey a procedural order of the Presiding Officer.
    (2) If, under this subsection, an accelerated decision is issued as 
to all the issues and claims joined in the proceeding, the decision will 
be treated for the purposes of these procedures as the

[[Page 84]]

decision of the Presiding Officer as provided in paragraph (s) of this 
section.
    (3) If, under this subsection, 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 paragraphs (t) and (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 is considered ended at the 
expiration of all periods allowed for the appeal and review.
    (2) If an appeal of the Presiding Officer's decision is taken 
pursuant to paragraphs (t) and (u) of this section, or if, in the 
absence of this appeal, the Environmental Appeals Board moves to review 
the decision of the Presiding Officer pursuant to paragraph (v) of this 
section, the hearing is considered ended upon rendering of a final 
decision by the Environmental Appeals Board.
    (aa) Judicial review. (1) The Administrator shall designate the 
General Counsel, Environmental Protection Agency as the officer upon 
whom copy of any petition for judicial review must be served. This 
officer shall be responsible for filing in the court the record of 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.

[45 FR 63772, Sept. 25, 1980, as amended at 50 FR 35387, Aug. 30, 1985; 
57 FR 5332, Feb. 13, 1992]



Sec. 86.1014-97  Hearings on suspension, revocation and voiding of 

certificates of conformity.

    Section 86.1014-97 includes text that specifies requirements that 
differ from those specified in Sec. 86.1014-84. Where a paragraph in 
Sec. 86.1014-84 is identical and applicable to Sec. 86.1014-97, this 
may be indicated by specifying the corresponding paragraph and the 
statement ``[Reserved]. For guidance see Sec. 86.1014-84''.
    (a) through (c)(2)(ii) introductory text [Reserved]. For guidance 
see Sec. 86.1014-84.
    (c)(2)(ii)(A) Whether tests have been properly conducted, 
specifically, whether the tests were conducted in accordance with 
applicable regulations and whether test equipment was properly 
calibrated and functioning; and
    (c)(2)(ii) (B) through (aa) [Reserved]. For guidance see Sec. 
86.1014-84.

[62 FR 31241, June 6, 1997]



Sec. 86.1015  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 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

[[Page 85]]

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, as amended at 57 FR 5333, Feb. 13, 1992; 57 
FR 30657, July 10, 1992]



Subpart L_Nonconformance Penalties for Gasoline-Fueled and Diesel Heavy-
    Duty Engines and Heavy-Duty Vehicles, Including Light-Duty Trucks

    Source: 50 FR 35388, Aug. 30, 1985, unless otherwise noted.



Sec. 86.1101-87  Applicability.

    (a) The provisions of this subpart are applicable for 1987 and later 
model year gasoline-fueled and diesel heavy-duty engines and heavy-duty 
vehicles. These vehicles include light-duty trucks rated in excess of 
6,000 pounds gross vehicle weight.
    (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 trucks 
and Otto-cycle complete heavy-duty vehicles under the provisions of 
subpart S of this part.

[65 FR 59957, Oct. 6, 2000]



Sec. 86.1102-87  Definitions.

    (a) The definitions in this section apply to this subpart.
    (b) As used in this subpart, all terms not defined herein have the 
meaning given them in the Act.
    Compliance level means the deteriorated pollutant emissions level at 
the 60th percentile point for a population of heavy-duty engines or 
heavy-duty vehicles subject to Production Compliance Audit testing 
pursuant to the requirements of this subpart. A compliance level for a 
population can only be determined for a pollutant for which an upper 
limit has been established in this subpart.
    Configuration means a subdivision, if any, of a heavy-duty engine 
family for which a separate projected sales figure is listed in the 
manufacturer's Application for Certification and which can be described 
on the basis of emission control system, governed speed, injector size, 
engine calibration, or other parameters which may be designated by the 
Administrator, or a subclassification of light-duty truck engine family 
emission control system combination on the basis of engine code, inertia 
weight class, transmission type and gear ratios, rear axle ratio, or 
other parameters which may be designated by the Administrator.
    NCP means a nonconformance penalty as described in section 206(g) of 
the Clean Air Act and in this subpart.
    PCA means Production Compliance Audit as described in Sec. 86.1106-
87 of this subpart.
    Subclass means a classification of heavy-duty engines of heavy-duty 
vehicles based on such factors as gross vehicle weight rating, fuel 
usage (gasoline-, diesel-, and methanol-fueled), vehicle usage, engine 
horsepower or additional criteria that the Administrator shall apply. 
Subclasses include, but are not limited to:
    (i) Light-duty gasoline-fueled Otto cycle trucks (6,001-8,500 lb. 
GVW)
    (ii) Light-duty methanol-fueled Otto cycle trucks (6,001-8,500 lb. 
GVW)
    (iii) Light-duty petroleum-fueled diesel trucks (6,001-8,500 lb. 
GVW)
    (iv) Light-duty methanol-fueled diesel trucks (6,001-8,500 lb. GVW)
    (v) Light heavy-duty gasoline-fueled Otto cycle engines (for use in 
vehicles of 8,501-14,000 lb. GVW)
    (vi) Light heavy-duty methanol-fueled Otto cycle engines (for use in 
vehicles of 8,501-14,000 lb. GVW)
    (vii) Heavy heavy-duty gasoline-fueled Otto cycle engines (for use 
in vehicles of 14,001 lb and above GVW)
    (viii) Heavy heavy-duty methanol-fueled Otto cycle engines (for use 
in vehicles of 14,001 lb. and above GVW)
    (ix) Light heavy-duty petroleum-fueled diesel engines (see Sec. 
86.085-2(a)(1))
    (x) Light heavy-duty methanol-fueled diesel engines (see Sec. 
86.085-2(a)(1))
    (xi) Medium heavy-duty petroleum-fueled diesel engines (see Sec. 
86.085-2(a)(2))

[[Page 86]]

    (xii) Medium heavy-duty methanol-fueled diesel engines (see Sec. 
86.085-2(a)(2))
    (xiii) Heavy heavy-duty petroleum-fueled diesel engines (see Sec. 
86.085-2(a)(3))
    (xiv) Heavy heavy-duty methanol-fueled diesel engines (see Sec. 
86.085-2(a)(3))
    (xv) Petroleum-fueled Urban Bus engines (see Sec. 86.091-2)
    (xvi) Methanol-fueled Urban Bus engines (see Sec. 86.091-2).
    For NCP purposes, all optionally certified engines and/or vehicles 
(engines certified in accordance with Sec. 86.087-10(a)(3) and vehicles 
certified in accordance with Sec. 86.085-1(b)) shall be considered part 
of, and included in the FRAC calculation of, the subclass for which they 
are optionally certified.
    Test Sample means a group of heavy-duty engines or heavy-duty 
vehicles of the same configuration which have been selected for emission 
testing.
    Upper limit means the emission level for a specific pollutant above 
which a certificate of conformity may not be issued or may be suspended 
or revoked.

[50 FR 35388, Aug. 30, 1985, as amended at 55 FR 46628, Nov. 5, 1990]



Sec. 86.1103-87  Criteria for availability of nonconformance penalties.

    (a) EPA shall establish for each subclass of heavy-duty engines and 
heavy-duty vehicles (other than motorcycles), an NCP for a motor vehicle 
pollutant, when any new or revised emission standard is more stringent 
than the previous standard for the pollutant, or when an existing 
standard for that pollutant becomes more difficult to achieve because of 
a new or revised standard, provided that EPA finds:
    (1) That for such subclass of engines or vehicles, substantial work 
will be required to meet the standard for which the NCP is offered, and
    (2) That there is likely to be a technological laggard.
    (b) Substantial work, as used in paragraph (a)(1) of this section, 
means the application of technology not previously used in an engine or 
vehicle class or subclass, or the significant modification of existing 
technology or design parameters, needed to bring the vehicle or engine 
into compliance with either the more stringent new or revised standard 
or an existing standard which becomes more difficult to achieve because 
of a new or revised standard.



Sec. 86.1104-91  Determination of upper limits.

    (a) The upper limit applicable to a pollutant emission standard for 
a subclass of heavy-duty engines or heavy-duty vehicles for which an NCP 
is established in accordance with Sec. 86.1103-87, shall be the 
previous pollutant emission standard for that subclass.
    (b) If no previous standard existed for the pollutant under 
paragraph (a) of this section, the upper limit will be developed by EPA 
during rulemaking.
    (c) If a manufacturer participates in any of the emissions 
averaging, trading, or banking programs, and carries over certification 
of an engine family from the prior model year, the upper limit for that 
engine family shall be the family emission limit of the prior model 
year, unless the family emission limit is less than the upper limit 
determined in paragraph (a) of this section.

[55 FR 30629, July 26, 1990]



Sec. 86.1105-87  Emission standards for which nonconformance penalties are 

available.

    (a)-(b) [Reserved]
    (c) Effective in the 1991 model year, NCPs will be available for the 
following additional emission standards:
    (1) [Reserved]
    (2) Petroleum-fueled diesel heavy-duty engine oxides of nitrogen 
standard of 5.0 grams per brake horsepower-hour.
    (i) For petroleum-fueled light heavy-duty diesel engines:
    (A) The following values shall be used to calculate an NCP in 
accordance with Sec. 86.1113-87(a):
    (1) COC50: $830.
    (2) COC90: $946.
    (3) MC50: $1,167 per gram per brake horsepower-hour.
    (4) F: 1.2.
    (B) The following factor shall be used to calculate the engineering 
and development component of the NCP in accordance with Sec. 86.1113-
87(h): 0.12.
    (ii) For petroleum-fueled medium heavy-duty diesel engines:

[[Page 87]]

    (A) The following values shall be used to calculate an NCP in 
accordance with Sec. 86.1113-87(a):
    (1) COC50: $905.
    (2) COC90: $1,453.
    (3) MC50: $1,417 per gram per brake horsepower-hour.
    (4) F: 1.2.
    (B) The following factor shall be used to calculate the engineering 
and development component of the NCP in accordance with Sec. 86.1113-
87(h): 0.11.
    (iii) For petroleum-fueled heavy-duty diesel engines:
    (A) The following values shall be used to calculate an NCP in 
accordance with Sec. 86.1113-87(a):
    (1) COC50: $930.
    (2) COC90: $1,590.
    (3) MC50: $2,250 per gram per brake horsepower-hour.
    (4) F: 1.2.
    (B) The following factor shall be used to calculate the engineering 
and development component of the NCP in accordance with Sec. 86.1113-
87(h): 0.11.
    (3) Petroleum-fueled diesel light-duty trucks (between 6,001 and 
14,000 lbs GVW) particulate matter emission standard of 0.13 grams per 
vehicle mile.
    (i) The following values shall be used to calculate an NCP in 
accordance with Sec. 86.1113-87(a):
    (A) COC50: $711.
    (B) COC90: $1,396.
    (C) MC50: $2,960 per gram per brake horsepower-hour.
    (D) F: 1.2.
    (ii) The following factor shall be used to calculate the engineering 
and development component of the NCP in accordance with Sec. 86.1113-
87(h): 0.01.
    (d) Effective in the 1993 model year, NCPs will be available for the 
following additional emission standard:
    (1) Petroleum-fueled diesel bus engine (as defined in Sec. 86.093-
2) particulate emission standard of 0.10 grams per brake horsepower-
hour.
    (i) The following values shall be used to calculate an NCP for the 
standard set forth in Sec. 86.093-11(a)(1)(iv)(A) in accordance with 
Sec. 86.1113-87(a):
    (A) COC50: $4,020.
    (B) COC90: $4,535.
    (C) MC50: $22,971 per gram per brake horsepower-hour.
    (D) F: 1.2.
    (E) UL: 0.25 grams per brake horsepower-hour.
    (ii) The following factor shall be used to calculate the engineering 
and development component of the NCP for the standard set forth in Sec. 
86.093-11(a)(1)(iv)(A) in accordance with Sec. 86.1113-87(h): 0.02.
    (2) [Reserved]
    (e) The values of COC50, COC90, and 
MC50 in paragraphs (a) and (b) of this section are expressed 
in December 1984 dollars. The values of COC50, 
COC90, and MC50 in paragraphs (c) and (d) of this 
section are expressed in December 1989 dollars. The values of 
COC50, COC90, and MC50 in paragraph (f) 
of this section are expressed in December 1991 dollars. The values of 
COC50 COC90, and MC50 in paragraphs (g) 
and (h) of this section are expressed in December 1994 dollars. The 
values of COC50, COC90, and MC50 in 
paragraph (i) of this section are expressed in December 2001 dollars. 
These values shall be adjusted for inflation to dollars as of January of 
the calendar year preceding the model year in which the NCP is first 
available by using the change in the overall Consumer Price Index, and 
rounded to the nearest whole dollar in accordance with ASTM E29-67 
(reapproved 1980), Standard Recommended Practice for Indicating Which 
Places of Figures are to be Considered Significant in Specified Limiting 
Values. The method was approved by the Director of the Federal Register 
in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. This document is 
available from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, 
West Conshohocken, PA 19428-2959, and is also available for inspection 
as part of Docket A-91-06, located at the Central Docket Section, EPA, 
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. This incorporation by reference was approved by the 
Director of the Federal Register on January 13, 1992. These materials 
are incorporated as they exist on the date of the approval and a notice 
of any change in

[[Page 88]]

these materials will be published in the Federal Register.
    (f) Effective in the 1994 model year, NCPs will be available for the 
following emission standards:
    (1) Petroleum-fueled urban bus engine (as defined in Sec. 86.091-2) 
particulate emission standard of 0.07 grams per brake horsepower-hour.
    (i) The following values shall be used to calculate an NCP for the 
standard set forth in Sec. 86.094-11(a)(1)(iv)(A) in accordance with 
Sec. 86.1113-87(a):
    (A) COC50: $3292.
    (B) COC90: $10,014.
    (C) MC50: $109,733.
    (D) F: 1.2.
    (ii) The following factor shall be used to calculate the engineering 
and development component of the NCP for the standard set forth in Sec. 
86.094-11(a)(1)(iv)(A) in accordance with Sec. 86.1113-87(h): 0.38.
    (2) Petroleum-fueled diesel heavy-duty engine particulate matter 
emission standard of 0.10 grams per brake horsepower-hour.
    (i) For petroleum-fueled light heavy-duty diesel engines:
    (A) The following values shall be used to calculate an NCP in 
accordance with Sec. 86.1113-87(a):
    (1) COC50: $772.
    (2) COC90: $1,325.
    (3) MC50: $8,178 per gram per brake horsepower-hour.
    (4) F: 1.2.
    (B) The following factor shall be used to calculate the engineering 
and development component of the NCP in accordance with Sec. 86.1113-
87(h): 0.081.
    (ii) For petroleum-fueled medium heavy-duty diesel engines:
    (A) The following values shall be used to calculate an NCP in 
accordance with Sec. 86.1113-87(a):
    (1) COC50: $1,276.
    (2) COC90: $3,298.
    (3) MC50: $15,370 per gram per brake horsepower-hour.
    (4) F: 1.2.
    (B) The following factor shall be used to calculate the engineering 
and development component of the NCP in accordance with Sec. 86.1113-
87(h): 0.098.
    (iii) For petroleum-fueled heavy heavy-duty diesel engines:
    (A) The following values shall be used to calculate an NCP in 
accordance with Sec. 86.1113-87(a):
    (1) COC50: $2,105.
    (2) COC90: $6,978.
    (3) MC50: $30,070 per gram per brake horsepower-hour.
    (4) F: 1.2.
    (B) The following factor shall be used to calculate the engineering 
and development component of the NCP in accordance with Sec. 86.1113-
87(h): 0.083.
    (g) Effective in the 1996 model year, NCPs will be available for the 
following emission standard:
    (1) Light-duty truck 3 diesel-fueled vehicle at full useful life (as 
defined in Sec. 86.094-2) particulate matter emission standard of 0.10 
g/mi.
    (i) The following values shall be used to calculate an NCP for the 
standard set forth in Sec. 86.094-9(a)(1)(ii) in accordance with Sec. 
86.1113-87(a):
    (A) COC50: $441.
    (B) COC90: $1,471.
    (C) MC50: $14,700 per gram per mile.
    (D) F: 1.2.
    (ii) The following factor shall be used to calculate the engineering 
and development component of the NCP for the standard set forth in Sec. 
86.094-9(a)(1)(ii) in accordance with Sec. 86.1113-87(h): 0.093.
    (2) Light-duty truck 3 diesel-fueled vehicle at full useful life (as 
defined in Sec. 86.094-2) oxides of nitrogen emission standard of 0.98 
g/mi.
    (i) The following values shall be used to calculate an NCP for the 
standard set forth in Sec. 86.094-9(a)(1)(ii) in accordance with Sec. 
86.1113-87(a):
    (A) COC50: $654.
    (B) COC90: $779.
    (C) MC50: $908 per gram per mile.
    (D) F: 1.2.
    (ii) The following factor shall be used to calculate the engineering 
and development component of the NCP for the standard set forth in Sec. 
86.094-9(a)(1)(ii) in accordance with Sec. 86.1113-87(h): 0.082.
    (3) 1996 Urban Bus (as defined in Sec. 86.094-2) particulate matter 
emission standard of 0.05 g/BHp-hr.
    (i) The following values shall be used to calculate an NCP for the 
standard set forth in Sec. 86.094-9(a)(1)(ii) in accordance with Sec. 
86.1113-87(a):
    (A) COC50: $576.
    (B) COC90: $6,569.

[[Page 89]]

    (C) MC50: $28,800 per gram per brake horsepower-hour.
    (D) F: 1.2.
    (ii) The following factor shall be used to calculate the engineering 
and development component of the NCP for the standard set forth in Sec. 
86.094-9(a)(1)(ii) in accordance with Sec. 86.1113-87(h): 0.500.
    (h) Effective in the 1998 model year, NCPs will be available for the 
following emission standard:
    (1) Petroleum-fueled diesel heavy-duty engine oxides of nitrogen 
standard of 4.0 grams per brake horsepower-hour.
    (i) For petroleum-fueled light heavy-duty diesel engines:
    (A) The following values shall be used to calculate an NCP in 
accordance with Sec. 86.1113-87(a):
    (1) COC50: $833.
    (2) COC90: $1,513.
    (3) MC50: $833 per gram per brake horsepower-hour.
    (4) F: 1.2.
    (B) The following factor shall be used to calculate the engineering 
and development component of the NCP for the standard set forth in Sec. 
86.094-9(a)(1)(ii) in accordance with Sec. 86.1113-87(h): 0.039.
    (ii) For petroleum-fueled medium heavy-duty diesel engines:
    (A) The following values shall be used to calculate an NCP in 
accordance with Sec. 86.1113-87(a):
    (1) COC50: $444.
    (2) COC90: $1,368.
    (3) MC50: $444 per gram per brake horsepower-hour.
    (4) F: 1.2.
    (B) The following factor shall be used to calculate the engineering 
and development component of the NCP for the standard set forth in Sec. 
86.094-9(a)(1)(ii) in accordance with Sec. 86.1113-87(h): 0.043.
    (iii) For petroleum-fueled heavy heavy-duty diesel engines:
    (A) The following values shall be used to calculate an NCP in 
accordance with Sec. 86.1113-87(a):
    (1) COC50: $1,086.
    (2) COC90: $2,540.
    (3) MC50: $1,086 per gram per brake horsepower-hour
    (4) F: 1.2.
    (B) The following factor shall be used to calculate the engineering 
and development component of the NCP for the standard set forth in Sec. 
86.094-9(a)(1)(ii) in accordance with Sec. 86.1113-87(h): 0.039.
    (2) [Reserved]
    (i) Effective in the 2004 model year, NCPs will be available for the 
following emission standard:
    (1) Diesel heavy-duty engine non-methane hydrocarbon plus oxides of 
nitrogen standard of 2.4 grams per brake horsepower-hour (or 
alternatively, 2.5 grams per brake horsepower-hour with a limit on non-
methane hydrocarbon emissions of 0.5 grams per brake horsepower-hour), 
in Sec. 86.004-11(a)(1)(i).
    (i) For light heavy-duty diesel engines:
    (A) The following values shall be used to calculate an NCP in 
accordance with Sec. 86.1113-87(a):
    (1) COC50: $1,240.
    (2) COC90: $2,710.
    (3) MC50: $2,000 per gram per brake horsepower-hour.
    (4) F: 1.3.
    (5) UL: 4.5 grams per brake horsepower-hour; notwithstanding Sec. 
86.1104-91.
    (B) The following factor shall be used to calculate the engineering 
and development component of the NCP for the standard set forth in Sec. 
86.004-11(a)(1)(i) in accordance with Sec. 86.1113-87(h): 0.403.
    (ii) For medium heavy-duty diesel engines:
    (A) The following values shall be used to calculate an NCP in 
accordance with Sec. 86.1113-87(a):
    (1) COC50: $2,740.
    (2) COC90: $4,930.
    (3) MC50: $1,400 per gram per brake horsepower-hour.
    (4) F: 1.3.
    (5) UL: 4.5 grams per brake horsepower-hour; notwithstanding Sec. 
86.1104-91.
    (B) The following factor shall be used to calculate the engineering 
and development component of the NCP for the standard set forth in Sec. 
86.004-11(a)(1)(i) in accordance with Sec. 86.1113-87(h): 0.197.
    (iii) For heavy heavy-duty diesel engines:
    (A) The following values shall be used to calculate an NCP in 
accordance with Sec. 86.1113-87(a):
    (1) COC50: $6,810.
    (2) COC90: $12,210.
    (3) MC50: $5,600 per gram per brake horsepower-hour.

[[Page 90]]

    (4) F: 1.3.
    (5) UL: 6.0 grams per brake horsepower-hour; notwithstanding Sec. 
86.1104-91.
    (B) The following factor shall be used to calculate the engineering 
and development component of the NCP for the standard set forth in Sec. 
86.004-11(a)(1)(i) in accordance with Sec. 86.1113-87(h): 0.090.
    (iv) For diesel urban bus engines:
    (A) The following values shall be used to calculate an NCP in 
accordance with Sec. 86.1113-87(a):
    (1) COC 50: $3,930.
    (2) COC90: $6,660.
    (3) MC50: $3,800 per gram per brake horsepower-hour.
    (4) F: 1.3.
    (5) UL: 4.5 grams per brake horsepower-hour; notwithstanding Sec. 
86.1104-91.
    (B) The following factor shall be used to calculate the engineering 
and development component of the NCP for the standard set forth in Sec. 
86.004-11(a)(1)(i) in accordance with Sec. 86.1113-87(h): 0.155.
    (2) [Reserved]

[50 FR 53466, Dec. 31, 1985, as amended at 52 FR 47870, Dec. 16, 1987; 
53 FR 43878, Oct. 31, 1988; 56 FR 64712, Dec. 12, 1991; 58 FR 15802, 
Mar. 24, 1993; 58 FR 68540, Dec. 28, 1993; 60 FR 33925, June 29, 1995; 
61 FR 6949, 6953, Feb. 23, 1996; 67 FR 51477, Aug. 8, 2002; 69 FR 18803, 
Apr. 9, 2004]



Sec. 86.1106-87  Production compliance auditing.

    For a model year in which upper limits for heavy-duty engine or 
heavy-duty vehicle emission standards for one or more exhaust pollutants 
are specified in Sec. 86.1105-87, a manufacturer may elect to conduct a 
Production Compliance Audit (PCA) for each engine or vehicle 
configuration satisfying the following conditions:
    (a) Certification test results, pursuant to Sec. 86.082-23, exceed 
the emission standard for a particular pollutant but do not exceed the 
upper limit established for that pollutant. In that event, the 
manufacturer will be offered a qualified certificate of conformity 
allowing for the introduction into commerce of the specified engine 
family, Provided, That:
    (1) The manufacturer must agree to conduct a PCA of those engines or 
vehicles;
    (2) PCA testing must be conducted on the same configurations that 
exceeded the standard in certification. In lieu of that requirement, the 
Administrator may approve testing of a greater or lesser number of 
configurations provided the manufacturer agrees to pay the NCP 
determined from the CL of each tested configuration for that 
configuration and for other non-tested configurations that have similar 
emission characteristics. If an acceptable showing of similar emission 
characteristics is not made, the highest CL of the configurations tested 
will apply to all non-tested configurations exceeding the standard.
    (3) The selection of engines or vehicles for PCA testing must be 
initiated no later than five (5) days after the start of assembly-line 
production of the specified engine or vehicle configuration, unless that 
period is extended by the Administrator;
    (4) The manufacturer must agree:
    (i) To pay the NCP amount calculated as a result of PCA testing on 
each engine or vehicle, unless the manufacturer successfully challenges 
the Administrator's determination of the compliance level or penalty 
calculation or both under Sec. 86.1115-87(c);
    (ii) To recall any engines or vehicles introduced into commerce, 
without invoking the procedural requirements of section 207(c) of the 
Clean Air Act, if the compliance level for the engine or vehicle 
configuration of (a)(2) exceeds the upper limit as determined by the 
PCA;
    (5) If the compliance level determined in the PCA is below the 
emission standard, no NCP will be offered, and all appropriate 
qualifications will be removed from the qualified certificate of 
conformity.
    (b) An engine or vehicle configuration fails a Selective Enforcement 
Audit (SEA) under subpart K of 40 CFR part 86 with respect to the 
standard for a particular pollutant but does not fail with respect to 
the upper limit established for that pollutant, and no NCP has been 
previously assessed for that configuration, Provided, That:
    (1) The manufacturer must submit a written report to the 
Administrator within five (5) days after failure to pass the audit 
containing the following:

[[Page 91]]

    (i) A statement that the manufacturer does not intend, at that time, 
to make any engine and/or emission control system design changes that 
may remedy the nonconformity; and
    (ii) A request from the manufacturer to conduct the PCA, including 
the date the testing will begin;
    (2) Failure to submit the report within five (5) days after the SEA 
failure will result in the forfeiture of the NCP option, unless a 
satisfactory justification for the delay is provided to the 
Administrator;
    (3) The selection of any required engines or vehicles for PCA 
testing must be initiated no later than ten (10) days after the SEA 
failure unless extended by the Administrator; otherwise, the 
manufacturer may forfeit the option to elect an NCP;
    (4) PCA testing must be conducted on the same configuration that 
failed the SEA;
    (5) Test results from the SEA, together with any additional test 
results required during the PCA, will be used in establishing a 
compliance level for the configuration pursuant to Sec. 86.1112-87(a); 
and
    (6) The manufacturer, upon approval by the Administrator to conduct 
a PCA on a failed SEA engine or vehicle configuration, must agree:
    (i) To pay the NCP amount calculated as a result of PCA testing on 
each engine or vehicle introduced into commerce after the tenth day of 
the SEA failure, unless the manufacturer successfully challenges the 
Administrator's determination of the compliance level or penalty 
calculation or both under Sec. 86.1115-87(c);
    (ii) To recall any engines or vehicles introduced into commerce 
after the tenth day of the SEA failure, without invoking the procedural 
requirements of section 207(c) of the Clean Air Act, if the compliance 
level of the engine or vehicle configuration exceeds the upper limit as 
determined by the PCA.
    (c) An engine or vehicle configuration, for which an NCP has been 
previously assessed for a particular pollutant, either passes an SEA 
with respect to the particular pollutant standard, fails an SEA with 
respect to the particular pollutant standard but not the previous 
compliance level, or fails an SEA with respect to the previous 
compliance level but not the associated upper limit, Provided, That:
    (1) The manufacturer must submit a written statement to the 
Administrator within five (5) days of the conclusion of the SEA 
requesting a PCA, including the date the PCA testing will begin; 
otherwise, the manufacturer forfeits the option to establish a new 
compliance level;
    (2) The selection of any required engines or vehicles for PCA 
testing must be initiated no later than ten (10) days after the 
conclusion of the SEA unless the period is extended by the 
Administrator; otherwise, the manufacturer forfeits the option to 
establish a new compliance level;
    (3) PCA testing must be conducted on the same configuration tested 
during the SEA, and all conditions in the SEA test order must apply to 
the PCA;
    (4) Test results for the SEA, together with any additional test 
results required during the PCA, will be used in establishing a new 
compliance level for the configuration pursuant to Sec. 86.1112-87(a);
    (5) The manufacturer must agree:
    (i) To pay the NCP amount calculated as a result of PCA testing on 
each engine or vehicle introduced into commerce after the tenth day of 
the conclusion of the SEA, unless the manufacturer successfully 
challenges the Administrator's determination of the compliance level or 
penalty calculation or both under Sec. 86.1115-87(c);
    (ii) To recall any engines or vehicles introduced into commerce 
after the tenth day after the conclusion of the SEA, without invoking 
the procedural requirements of section 207(c) of the Clean Air Act, if 
the engine or vehicle configuration exceeds the upper limit as 
determined by the PCA;
    (6) A previously assessed NCP will be terminated and no NCP will be 
established as a result of the new PCA if the compliance level is 
determined to be below the applicable emission standards.
    (d) The implementation of a production running change that causes 
the emission level for a particular pollutant to be either above the 
emission standard but below the associated

[[Page 92]]

upper limit for a vehicle or engine configuration for which an NCP has 
not been previously assessed, or below the associated upper limit for a 
vehicle or engine configuration for which an NCP has been previously 
assessed, regardless of the previous compliance level. In that event, 
the manufacturer will be offered a qualified certificate of conformity 
allowing for the introduction into commerce of the engine or vehicle 
configuration resulting from the running change, Provided, That:
    (1) The manufacturer must submit a written report to the 
Administrator outlining the reason for the running change and the date 
the manufacturer will begin PCA testing;
    (2) The manufacturer must agree:
    (i) To pay the NCP amount calculated as a result of PCA testing on 
each engine or vehicle, unless the manufacturer successfully challenges 
the Administrator's determination of compliance level or penalty 
calculation or both under Sec. 86.1115-87(c);
    (ii) To recall any engines or vehicles introduced into commerce, 
without invoking the procedural requirements of section 207(c) of the 
Clean Air Act, if the engine or vehicle configuration exceeds the upper 
limit as determined by the PCA;
    (3) The selection of engines or vehicles for PCA testing must be 
initiated no later than five (5) days after the start of assembly line 
production of the engine or vehicle configuration resulting from the 
running change unless that period is extended by the Administrator; and
    (4) If the compliance level is determined to be below the applicable 
emission standard, a previously assessed NCP will be terminated, an NCP 
will not be established as a result of the PCA testing, and all 
qualifications will be removed from the qualified certificate of 
conformity.
    (e) The following requirements are applicable to each PCA under this 
subpart.
    (1) The manufacturer shall make the following documents available to 
EPA Enforcement Officers upon request;
    (i) A properly filed and current application for certification, 
following the format prescribed by the EPA for the appropriate model 
year; and
    (ii) A copy of the shop manual and dealer service bulletins for the 
configurations being tested.
    (2) Only one mechanic at a time per engine or vehicle shall make 
authorized checks, adjustments, or repairs, unless a particular check, 
adjustment, or repair requires a second mechanic as indicated in the 
shop manual or dealer service bulletins.
    (3) A mechanic shall not perform any check, adjustment, or repair 
without an Enforcement Officer present unless otherwise authorized.
    (4) The manufacturer shall utilize only those tools and test 
equipment utilized by its dealers or those dealers using its engines 
when performing authorized checks, adjustments, or repairs.

[50 FR 35388, Aug. 30, 1985, as amended at 58 FR 68540, Dec. 28, 1993]



Sec. 86.1107-87  Testing by the Administrator.

    (a) The Administrator may require that engines or vehicles of a 
specified configuration be selected in a manner consistent with the 
requirements of Sec. 86.1110-87 and submitted to him at such place as 
he may designate for the purpose of conducting emission tests in 
accordance with Sec. 86.1111-87 to determine whether engines or 
vehicles manufactured by the manufacturer conform with the regulations 
of this subpart.
    (b)(1) Whenever the Administrator conducts a test on a test engine 
or vehicle or the Administrator and manufacturer each conduct a test on 
the same test engine or vehicle, the results of the Administrator's test 
will comprise the official data for that engine or vehicle.
    (2) Whenever the manufacturer conducts all tests on a test engine or 
vehicle, 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 (a) of this section that there is a substantial 
lack of agreement between the manufacturer's test results and the 
Administrator's test results, no manufacturer's test data from the 
manufacturer's test facility will be accepted for purposes of this 
subpart.

[[Page 93]]

    (c) If the Administrator determines that testing conducted under 
paragraph (a) of this section demonstrates a lack of agreement under 
paragraph (b)(2) of this section, the Administrator shall:
    (1) Notify the manufacturer in writing of his determination that the 
manufacturer's test facility is inappropriate for conducting the tests 
required by this subpart and the reasons therefore; and
    (2) Reinstate any manufacturer's data only upon a showing by the 
manufacturer that the data acquired under paragraph (a) of this section 
was erroneous and the manufacturer's data was correct.
    (d) The manufacturer may request in writing that the Administrator 
reconsider his determination in paragraph (b)(2) of this section based 
on data or information which indicates that changes have been made to 
the test facility and that these changes have resolved the reasons for 
disqualification.



Sec. 86.1108-87  Maintenance of records.

    (a) The manufacturer of any new gasoline-fueled or diesel heavy-duty 
engine or heavy-duty vehicle subject to any of the provisions of this 
subpart shall establish, maintain, and retain the following adequately 
organized and indexed records:
    (1) General records. A description of all equipment used to test 
engines or vehicles in accordance with Sec. 86.1111-87, pursuant to PCA 
testing under this subpart, specifically;
    (i) If testing heavy-duty gasoline engines, the equipment 
requirements specified in 40 CFR part 1065, subparts B and C;
    (ii) If testing heavy-duty diesel engines, the equipment 
requirements specified in 40 CFR part 1065, subparts B and C;
    (iii) If testing light-duty gasoline-fueled trucks, the equipment 
requirements specified in Sec. Sec. 86.106 (excluding all references to 
particulate emission testing) and 86.1506-84 of this part; and
    (iv) If testing light-duty diesel trucks, the equipment requirements 
specified in Sec. 86.106 (excluding all references to evaporative 
emission testing) of this part.
    (2) Individual records. These records pertain to each Production 
Compliance Audit conducted pursuant to this subpart.
    (i) The date, time, and location of each test;
    (ii) The number of hours of service accumulated on the engine or the 
number of miles on the vehicle when the test began and ended;
    (iii) The names of all supervisory personnel involved in the conduct 
of the Production Compliance Audit;
    (iv) A record and description of any repair performed, giving the 
date and time of the repair, the reason for it, the person authorizing 
it, and the names of all personnel involved in the supervision and 
performance of the repair;
    (v) The date when the engine or vehicle was shipped from the 
assembly plant or associated storage facility and when it was received 
at the testing facility;
    (vi) A complete record of all emission tests performed pursuant to 
this subpart (except tests performed by EPA directly), including all 
individual worksheets and/or other documentation relating to each test, 
or exact copies thereof, specifically--
    (A) If testing heavy-duty gasoline engines, the record requirements 
specified in 40 CFR 1065.695;
    (B) If testing heavy-duty diesel engines, the record requirements 
specified in 40 CFR 1065.695;
    (C) If testing light-duty gasoline fueled trucks, the record 
requirements specified in Sec. Sec. 86.142 (excluding all references to 
diesel vehicles) and 86.1542-84; and
    (D) If the testing light-duty diesel trucks, the record requirements 
specified in Sec. 86.142; and
    (vii) A brief description of any significant Production Compliance 
Audit events commencing with the test engine or vehicle selection 
process, but not described by any subparagraph under paragraph (a)(2) of 
this section, including such extraordinary events as engine damage 
during shipment or vehicle accident.
    (3) The manufacturer shall record the test equipment description, 
pursuant to paragraph (a)(1) of this section, for

[[Page 94]]

each test cell that was used to perform emission testing under this 
subpart.
    (b) The manufacturer shall retain all records required to be 
maintained under this subpart for a period of six (6) years after 
completion of all testing. Records may be retained as hard copy or 
reduced to microfilm, punch cards, etc., depending upon the 
manufacturer's record retention procedure, provided that in every case 
all the information contained in the hard copy is retained.

[50 FR 35388, Aug. 30, 1985, as amended at 70 FR 40437, July 13, 2005]



Sec. 86.1109-87  Entry and access.

    (a) To allow the Administrator to determine whether a manufacturer 
is complying with the provisions of this subpart, EPA Enforcement 
Officers are authorized to enter any of the following (during operating 
hours and upon presentation of credentials):
    (1) Any facility where any engine or vehicle to be introduced into 
commerce or any emission related component is manufactured, assembled, 
or stored;
    (2) Any facility where any tests conducted pursuant to a PCA request 
or any procedures or activities connected with these tests are or were 
performed;
    (3) Any facility where any engine or vehicle which is being tested, 
was tested, or will be tested is present; and
    (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 (a) of 
this section, EPA Enforcement Officers are authorized to perform the 
following inspection-related activities:
    (1) To inspect and monitor any aspects of engine or vehicle 
manufacture, assembly, storage, testing and other procedures, and the 
facilities in which these procedures are conducted.
    (2) To inspect and monitor any aspect of engine or vehicle test 
procedures or activities, including, but not limited to, monitoring 
engine or vehicle selection, preparation, service or mileage 
accumulation, preconditioning, repairs, emission test cycles, and 
maintenance; and to verify calibration of test equipment;
    (3) To inspect and make copies of any records or documents related 
to the assembly, storage, selection and testing of an engine or vehicle; 
and
    (4) To inspect and photograph any part or aspect of any engine or 
vehicle and any component used in the assembly thereof that is 
reasonably related to the purpose of the entry.
    (c) EPA Enforcement Officers are authorized to obtain reasonable 
assistance without cost from those in charge of a facility to help them 
perform any function listed in this subpart and are authorized to 
request the manufacturer conducting the PCA to make arrangement with 
those in charge of a facility operated for its benefit to furnish 
reasonable assistance without cost to EPA, whether or not the 
manufacturer controls the facility.
    (d) EPA Enforcement Officers are authorized to seek a warrant or 
court order authorizing the EPA Enforcement Officers 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 may proceed ex parte to obtain a warrant whether or 
not the Enforcement Officers first attempted to seek permission of the 
manufacturer conducting the PCA or the party in charge of the facilities 
in question to conduct activities related to entry and access as 
authorized in this section.
    (e) A manufacturer that conducts a PCA shall permit EPA Enforcement 
Officers who present a warrant or court order as described in paragraph 
(d) 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 a 
facility operated for its benefit to permit EPA Enforcement Officers 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 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 95]]

    (f) It is not a violation of this part or the Clean Air Act for any 
person to refuse to permit EPA Enforcement Officers to conduct 
activities related to entry and access as authorized in this section 
without a warrant or court order.
    (g) A manufacturer is responsible for locating its foreign testing 
and manufacturing facilities in jurisdictions in which local foreign law 
does not prohibit EPA Enforcement Officers from conducting the entry and 
access activities specified in this section. EPA will not attempt to 
make any inspections which it has been informed that local foreign law 
prohibits.
    (h) For purposes of this section, the following definitions are 
applicable:
    (1) Presentation of Credentials means display of the document 
designating a person as an EPA Enforcement Officer.
    (2) Where engine or vehicle storage areas or facilities are 
concerned, operating hours 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 covered by paragraph 
(h)(2) of this section are concerned, operating hours means all times 
during which an assembly line is in operation, engine or vehicle 
assembly is taking place, testing repair, service accumulation, 
preparation or compilation of records is taking place, or any other 
procedure or activity related to engine or vehicle manufacture, assembly 
or testing is being carried out in a facility.
    (4) Reasonable assistance includes, but is not limited to, clerical, 
copying, interpreting and translating services, and making personnel of 
the facility being inspected available during their working hours on an 
EPA Enforcement Officer's request to inform the EPA Enforcement Officer 
of how the facility operates and to answer his or her questions. Any 
employee whom an EPA Enforcement Officer requests the manufacturer to 
cause to appear for questioning will be entitled to be accompanied, 
represented and advised by counsel.



Sec. 86.1110-87  Sample selection.

    (a) Engines or vehicles comprising a test sample which are required 
to be tested pursuant to a PCA in accordance with this subpart will be 
selected at the location and in the manner specified by EPA. If a 
manufacturer determines that the test engines or vehicles cannot be 
selected in the manner specified by EPA, an alternative selection 
procedure may be employed, provided that the manufacturer requests 
approval of the alternative procedure in advance of the start of test 
sample selection and that the Administrator approves the procedure.
    (b) The manufacturer shall have assembled the test engines or 
vehicles of the configuration selected for testing using its normal mass 
production processes for engines or vehicles to be distributed into 
commerce. In the case of heavy-duty engines, if the test engines are 
selected at a location where they do not have their operational and 
emission control systems installed, EPA will specify the manner and 
location for selection of components to complete assembly of the 
engines. The manufacturer shall assemble these components onto the test 
engines using normal assembly and quality control procedures as 
documented by the manufacturer.
    (c) No quality control, testing, or assembly procedures will be used 
on the completed test engine or vehicle or any portion thereof, 
including parts and subassemblies, that will not be used during the 
production and assembly of all other engines or vehicles of that 
configuration.
    (d) The EPA Enforcement Officers may specify that they, rather than 
the manufacturer, will select the test engines or vehicles.
    (e) The order in which test engines or vehicles are selected 
determines the order in which test results are to be used in applying 
the PCA testing plan in accordance with Sec. 86.1112-87.
    (f) The manufacturer shall keep on hand all engines or vehicles 
comprising the test sample until such time as a compliance level is 
determined in accordance with Sec. 86.1112-87(a) except that the 
manufacturer may ship any tested engine or vehicle which has not failed 
in accordance with Sec. 86.1112-87(f)(1).

[[Page 96]]

However, once the manufacturer ships any test engine or vehicle, it 
relinquishes the prerogative to conduct retests as provided in Sec. 
86.1111-87(i).



Sec. 86.1111-87  Test procedures for PCA testing.

    (a)(1) For heavy-duty engines, the prescribed test procedure for PCA 
testing is the Federal Test Procedure as described in subparts N, I, and 
P of this part.
    (2) For heavy-duty vehicles, the prescribed test procedure for PCA 
testing is described in subpart M of this part.
    (3) For light-duty trucks, the prescribed test procedure for PCA 
testing is the Federal Test Procedure as described in subparts B and P 
of this part.
    (4) During the testing of heavy-duty diesel engines, the 
manufacturer shall decide for each engine, prior to the start of the 
initial cold cycle, whether the measurement of background particulate is 
required for the cold and hot cycles to be valid. The manufacturer may 
choose to have different requirements for the cold and hot cycles. If a 
manufacturer chooses to require the measurement of background 
particulate, failure to measure background particulate shall void the 
test cycle regardless of the test results. If a test cycle is void, the 
manufacturer shall retest using the same validity requirements of the 
initial test.
    (5) When testing light-duty trucks, the following exceptions to the 
test procedures in subpart B are applicable:
    (i) The manufacturer may use gasoline test fuel meeting the 
specifications of paragraph (a) of Sec. 86.113 for mileage 
accumulation. Otherwise, the manufacturer may use fuels other than those 
specified in this section only with advance approval of the 
Administrator.
    (ii) The manufacturer may measure the temperature of the test fuel 
at other than the approximate midvolume of the fuel tank, as specified 
in paragraph (a) of Sec. 86.131, and may drain the test fuel from other 
than the lowest point of the fuel tank, as specified in paragraph (b) of 
Sec. 86.131, with the advance approval of the Administrator.
    (iii) The manufacturer may perform additional preconditioning on PCA 
test vehicles other than the preconditioning specified in Sec. 86.132 
only if the additional preconditioning has been performed on 
certification test vehicles of the same configuration.
    (iv) The manufacturer shall perform the heat build procedure 11 to 
34 hours following vehicle preconditioning rather than according to the 
time period specified in paragraph (a) of Sec. 86.133.
    (v) The manufacturer may substitute slave tires for the drive wheel 
tires on the vehicle as specified in paragraph (e) of Sec. 86.135, 
provided that the slave tires are the same size as the drive wheel 
tires.
    (vi) The cold start exhaust emission test described in Sec. 86.137 
shall follow the heat build procedure described in Sec. 86.133 by not 
more than one hour.
    (vii) In performing exhaust sample analysis under Sec. 86.140:
    (A) When testing diesel vehicles, the manufacturer shall allow a 
minimum of 20 minutes warm-up for the HC analyzer, and a minimum of 2 
hours warm-up for the CO, CO2 and NOX analyzers. 
[Power is normally left on for infrared and chemiluminescent analyzers. 
When not in use, the chopper motors of the infrared analyzers are turned 
off and the phototube high voltage supply to the chemiluminescent 
analyzers is placed in the standby position.]
    (B) The manufacturer shall exercise care to prevent moisture from 
condensing in the sample collection bags.
    (viii) The manufacturer need not comply with Sec. 86.142, since the 
records required therein are provided under other provisions of this 
subpart.
    (ix) In addition to the requirements of subpart B of this part, the 
manufacturer shall prepare gasoline-fueled vehicles as follows prior to 
exhaust emission testing:
    (A) The manufacturer shall inspect the fuel system to insure the 
absence of any leaks of liquid or vapor to the atmosphere by applying a 
pressure of 14.5 0.5 inches of water to the fuel 
system, allowing the pressure to stabilize, and isolating the fuel 
system from the pressure source. Following isolation of the fuel system, 
pressure must not drop more than 2.0 inches of water in 5 minutes. If 
required, the manufacturer

[[Page 97]]

shall perform corrective action in accordance with paragraph (d) of this 
section.
    (B) When performing this pressure check, the manufacturer shall 
exercise care to neither purge nor load the evaporative emission control 
system.
    (C) The manufacturer shall not modify the test vehicle's evaporative 
emission control system by component addition, deletion, or 
substitution, except to comply with paragraph (a)(4)(ii) of this section 
if approved in advance by the Administrator.
    (b)(1) The manufacturer shall not adjust, repair, prepare, or modify 
the engines or vehicles selected for testing and shall not perform any 
emission tests on engines or vehicles selected for testing pursuant to a 
PCA request unless the adjustment, repair, preparation, modification, or 
tests are documented in the manufacturer's engine or vehicle assembly 
and inspection procedures and are actually performed on all engines or 
vehicles produced or unless these adjustments or tests are required or 
permitted under this subpart or are approved in advance by the 
Administrator.
    (2) For 1984 and later model years the Administrator may adjust or 
cause to be adjusted any engine parameter which the Administrator has 
determined to be subject to adjustment for certification, Selective 
Enforcement Audit and Production. Compliance Audit testing in accordance 
with Sec. 86.084-22(e)(1), to any setting within the physically 
adjustable range of that parameter, as determined by the Administrator 
in accordance with Sec. 86.084-2(e)(3)(ii), prior to the performance of 
any tests. 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 any setting which causes a lower 
engine idle speed than would have been possible within the physically 
adjustable range of the idle speed parameter if the manufacturer had 
accumulated 125 hours of service on the engine or 4,000 miles on the 
vehicle under paragraph (c) of this section, all other parameters being 
identically adjusted for the purpose of the comparison. The manufacturer 
may be requested to supply information to establish such an alternative 
minimum idle speed. The Administrator, in making or specifying these 
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 or light-duty trucks. In determining 
likelihood, the Administrator may consider factors such as, but not 
limited to, the effect of the adjustment on engine or vehicle 
performance characteristics and surveillance information from similar 
in-use engines or vehicles.
    (c) Prior to performing emission testing on a PCA test engine, the 
manufacturer may accumulate on each engine a number of hours of service 
equal to the greater of 125 hours or the number of hours the 
manufacturer accumulated during certification on the emission-data 
engine corresponding to the configuration tested during PCA. Prior to 
performing emission testing on a PCA test vehicle, the manufacturer may 
accumulate a number of miles equal to the greater of 4,000 miles or the 
number of miles the manufacturer accumulated during certification on the 
emission-data vehicle corresponding to the configuration tested during 
PCA. Service or mileage accumulation may be performed in any manner the 
manufacturer desires.
    (d) No maintenance shall be performed on test engines or vehicles 
after selection for testing nor will any test engine or vehicle 
substitution or replacement be allowed, unless requested of and approved 
by the Administrator in advance of the performance of any maintenance or 
engine or vehicle substitution.
    (e) The manufacturer shall expeditiously ship test engines or 
vehicles from the point of selection to the test facility or other 
location to meet any other requirements of this subpart. If the test 
facility is not located at or in close proximity to the point of 
selection, the manufacturer shall assure that test engines or vehicles 
arrive at the test facility within 24 hours of selection, except that 
the Administrator may approve more time based upon a request by the 
manufacturer accompanied by a satisfactory justification.

[[Page 98]]

    (f) If an engine or vehicle cannot complete the service or mileage 
accumulation or emission tests because of engine or vehicle malfunction, 
the manufacturer may request that the Administrator authorize the repair 
of the engine or vehicle. If the engine or vehicle cannot be repaired 
expeditiously, EPA may delete it from the test sequence.
    (g)(1) Heavy-duty engine manufacturers with projected sales bound 
for the United States market for that year of 30,000 or greater, as made 
in their respective Applications for Certification, shall complete 
emission testing at their testing facility on a minimum of two engines 
per 24 hour period, including voided tests.
    (2) Heavy-duty engine manufacturers with projected sales bound for 
the United States market for that year of less than 30,000, as made in 
their respective Applications for Certification, Shall complete emission 
testing at one engine per 24 hour period, including voided tests.
    (3) Light-duty truck manufacturers shall complete emission testing 
on a minimum of four vehicles per 24 hour period, including voided 
tests.
    (4) The Administrator may approve a longer period of time for 
conducting emission tests based upon a request by a manufacturer 
accompanied by a satisfactory justification.
    (h) The manufacturer shall perform test engine or vehicle selection, 
shipping, preparation, service or mileage accumulation, and testing in 
such a manner as to insure that the audit is performed in an expeditious 
manner.
    (i) The manufacturer may retest any engines or vehicles tested 
during a Production Compliance Audit once a compliance level has been 
established in accordance with Sec. 86.1112-87 based on the first test 
on each engine or vehicle. The Administrator may approve retesting at 
other times based upon a request by the manufacturer accompanied by a 
satisfactory justification. The manufacturer may test each engine or 
vehicle a total of three times. The manufacturer shall test each engine 
or vehicle the same number of times. The manufacturer may accumulate 
additional service or mileage before conducting a retest, subject to the 
provisions of paragraph (c) of this section.

[50 FR 35388, Aug. 30, 1985, as amended at 62 FR 47123, Sept. 5, 1997]



Sec. 86.1112-87  Determining the compliance level and reporting of test 

results.

    (a) A manufacturer that has elected to conduct a PCA in accordance 
with Sec. 86.1106-87 may establish the compliance level for a pollutant 
for any engine or vehicle configuration by using the primary PCA 
sampling plan or either of two optional reduced PCA sampling plans (the 
fixed reduced sampling plan or the sequential reduced sampling plan) 
described below. A manufacturer that uses either of the two optional 
reduced PCA sampling plans may elect to continue testing and establish a 
compliance level under the primary PCA sampling plan.
    (1) A manufacturer that elects to conduct a PCA for a pollutant 
using the primary PCA sampling plan shall:
    (i) Conduct emission tests on 24 engines or vehicles in accordance 
with Sec. 86.1111-87 for the pollutants for which the PCA was 
initiated. If the PCA follows an SEA failure, the number of additional 
tests conducted shall be the difference between 24 and the number of 
engines or vehicles tested in the SEA. If 24 or more engines or vehicles 
were tested in the SEA, no additional tests shall be conducted; and
    (ii) Rank the final deteriorated test results, as defined by 
paragraph (e) of this section, obtained for that pollutant in order from 
the lowest to the highest value. If the PCA follows an SEA failure, all 
SEA test results for that pollutant shall be included in this ranking.
    (iii) The compliance level for that pollutant is the final 
deteriorated test result in the sequence determined from table 1 of 
appendix XII of these regulations.
    (2) A manufacturer that elects to conduct a PCA for a pollutant 
using the fixed reduced PCA sampling plan shall:
    (i) Select a sample size between 3 and 23 engines or vehicles. If 
the PCA follows an SEA failure, the sample size selected cannot be less 
than the number

[[Page 99]]

of engines or vehicles tested during the SEA; and
    (ii) Conduct emission tests on the selected sample in accordance 
with Sec. 86.1111-87 for the pollutants for which the PCA was 
initiated.
    (iii) The compliance level for the pollutant is the result of the 
following equation, using the test results obtained in paragraph 
(a)(2)(ii) of this section and all SEA test results for that pollutant 
if the PCA follows an SEA failure:

CL=X + Ks

where:

CL=The compliance level.
X=The mean of the final deteriorated test results, as defined by 
paragraph (e) of this section.
K=A value that depends on the size of the test sample. See table 2 of 
appendix XII of this part for the value of K that corresponds to the 
size of the test sample.
s=The sample standard deviation.


The compliance level is rounded to the same number of significant 
figures contained in the applicable standard in accordance with ASTM 
E29-67.
    (3) A manufacturer that elects to conduct a PCA for a pollutant 
using the sequential reduced PCA sampling plan shall perform the 
following:
    (i) Select a sample size of 4, 8, 12, 16 or 20 engines or vehicles. 
If the PCA follows an SEA failure, the sample size selected cannot be 
less than the number of engines or vehicles tested during the SEA.
    (ii) Conduct emission tests on the selected sample in accordance 
with Sec. 86.1111-87 for the pollutants for which the PCA was 
initiated.
    (iii) The compliance level for the pollutant is the result of the 
following equation, using the test results obtained in (a)(3)(ii) and 
all SEA test results for that pollutant if the PCA follows an SEA 
failure:

CL=X + Ks

where:

CL=The compliance level.
X=The mean of the final deteriorated test results, as defined by 
paragraph (e) of this section.
K=A value that depends on the size of the test sample. See table 3 of 
appendix XII of this part for the value of K that corresponds to the 
size of the test sample.
s=The sample standard deviation.


The compliance level is rounded to the same number of significant 
figures contained in the applicable standard in accordance with ASTM 
E29-67.
    (iv) After calculating a compliance level in accordance with 
paragraph (a)(3)(iii) of this section, a manufacturer may elect to 
increase the sample size by 4 engines or vehicles, or a multiple 
thereof, up to the maximum, including SEA engines or vehicles if any, of 
20. Upon that election, the manufacturer shall add the additional 
engines or vehicles to the sample and perform paragraphs (a)(3)(ii) and 
(a)(3)(iii) of this section. This election may be repeated if 
appropriate. A compliance level determined under this election shall 
replace a previously determined compliance level.
    (b) A fail decision is reached with respect to the upper limit when 
the compliance level determined in paragraph (a) of this section exceeds 
the applicable upper limit.
    (c) Initial test results are calculated following the Federal Test 
Procedure specified in Sec. 86.1111-87(a).
    (d) Final test results are calculated by summing the initial test 
results derived in paragraph (c) of this section for each test engine or 
vehicle, dividing by the number of tests conducted on the engine or 
vehicle, and rounding in accordance with ASTM E29-67 to the same number 
of decimal places contained in the applicable standard expressed to one 
additional significant figure.
    (e) Final deteriorated test results. (1) The final deteriorated test 
results for each heavy-duty engine or light-duty truck tested according 
to subpart B, I, N, or P of this part are calculated by applying the 
final test results by the appropriate deterioration factor, derived from 
the certification process for the engine family control system 
combination and model year for the selected configuration to which the 
test engine or vehicle belongs. If the deterioration factor computed 
during the certification process is multiplicative and it is less than 
one, that deterioration factor will be one. If the deterioration factor 
computed during the certification process is additive and it is

[[Page 100]]

less than zero, that deterioration factor will be zero.
    (2) The final deteriorated test results are rounded to the same 
number of significant figures contained in the applicable standard in 
accordance with ASTM E29-67.
    (f) A failed engine or vehicle is one whose final deteriorated test 
results, for one or more of the applicable exhaust pollutants, exceed:
    (1) The applicable emission standard, or
    (2) The compliance level established in paragraph (b) of this 
section.
    (g) Within five working days after completion of PCA testing of all 
engines or vehicles, the manufacturer shall submit to the Administrator 
a report which includes the following information:
    (1) The location and description of the manufacturer's emission test 
facilities which were utilized to conduct testing reported pursuant to 
this section;
    (2) The applicable standards against which the engines or vehicles 
were tested;
    (3) Deterioration factors for the engine family to which the 
selected configuration belongs;
    (4) A description of the engine or vehicle and any emission-related 
component selection method used;
    (5) For each test conducted:
    (i) Test engine or vehicle description, including;
    (A) Configuration and engine family identification,
    (B) Year, make and build date,
    (C) Engine or vehicle identification number, and
    (D) Number of hours of service accumulated on engine or number of 
miles on vehicle prior to testing;
    (ii) Location where service or mileage accumulation was conducted 
and description of accumulation procedure and schedule;
    (iii) Test number, date, initial test results before and after 
rounding, final test results and final deteriorated test results for all 
emission tests, whether valid or invalid, and the reason for 
invalidation, if applicable;
    (iv) A complete description of any modification, repair, 
preparation, maintenance, and/or testing which was performed on the test 
engine or vehicle and has not been reported pursuant to any other 
paragraph of this subpart and will not be performed on all other 
production engines or vehicles; and
    (v) Any other information the Administrator may request relevant to 
the determination as to whether the new heavy-duty engines or heavy-duty 
vehicles being manufactured by the manufacturer do in fact conform with 
the regulations of this subpart; and
    (6) The following statement and endorsement:

    This report is submitted pursuant to section 206 of the Clean Air 
Act. This Production Compliance Audit was conducted in complete 
conformance with all applicable regulations under 40 CFR part 86 et seq. 
All data and information reported herein is, to the best of

(Company Name)--------------------'s
knowledge, true and accurate. I am aware of the penalties associated 
with violations of the Clean Air Act and the regulations thereunder.

________________________________________________________________________
(Authorized Company Representative)



Sec. 86.1113-87  Calculation and payment of penalty.

    (a) The NCP for each engine or vehicle for which a compliance level 
has been determined under Sec. 86.1112-87 is calculated according to 
the formula in paragraph (a)(1) or (a)(2) of this section depending on 
the value of the compliance level. Each formula contains an annual 
adjustment factor (AAFi) which is defined in paragraph (a)(3) 
of this section. Other terms in the formulas are defined in paragraph 
(a)(4) of this section.
    (1) If the compliance level (CL) is greater than the standard and 
less than or equal to X (e.g., point CL1 in figure 1), then:
[GRAPHIC] [TIFF OMITTED] TR06OC93.111

where:

PR1 = (F) (MC50)

    (2) If the compliance level is greater than X and less than or equal 
to the upper limit as determined by Sec. 86.1104-87 (e.g., point 
CL2 in figure 1), then:

[[Page 101]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.112

where:
[GRAPHIC] [TIFF OMITTED] TR06OC93.113

    (3) AAFi has the following values:
    (i) If fraci-1 = 0, then AAFi = 1 + 
Ii-1
    (ii) If fraci-1 0, then:
    [GRAPHIC] [TIFF OMITTED] TR06OC93.114
    
    [GRAPHIC] [TIFF OMITTED] TR06OC93.183
    

If fraci-1 0.50, then fraci-1 will be 
set equal to 0.50.
    (iii) AAF1=1
    (iv) In calculating the NCP for year n, the value fraci-1 
for i=n will include actual NCP usage through March 31 of model year n-1 
and EPA's estimate of additional usage for the remainder of model year 
n-1 using manufacturer input. All manufacturers using NCPs must report 
by subclass actual NCP and non-NCP production numbers through March 31, 
an estimate of NCP and non-NCP production for the remainder of the model 
year, and the previous year's actual NCP and non-NCP production to EPA 
no later than April 30 of the model year. If EPA is unable to obtain 
similar information from manufacturers not using NCPs, EPA will use 
projected sales data from the manufacturers' application for 
certification in computing the total production of the subclass and the 
fraci-1. The value of fraci-1 will be corrected to 
reflect actual year-end usage of NCPs

[[Page 102]]

and a corrected AAF will be used to establish NCPs in future years. The 
correction of previous year's AAF will not affect the previous year's 
penalty.
    (4) The terms in the above formulas have the following meanings and 
values, which may be determined separately for each subclass and 
pollutant for which an NCP is offered. The production of Federal and 
California designated engines or vehicles shall be combined for the 
purpose of this section in calculating the NCP for each engine or 
vehicle.

NCPn=NCP for year n for each applicable engine or vehicle
CL=Compliance level for year n for applicable engines or vehicles
S=Emission standard
UL=Upper limit as determined by section 86.1104-87, except that, if the 
upper limit is determined by section 86.1104-87(c), the value of UL in 
paragraph (a)(2) of this section shall be the prior emission standard 
for that pollutant.
UL'=Upper limit as determined by section 86.1104-87(c). This value is 
not used in the above formulas.
X=Compliance level above the standard at which NCP1 equals 
COC50
[GRAPHIC] [TIFF OMITTED] TR06OC93.115

PR1=Penalty rate when CL <= X
PR2=Penalty rate when X < CL <= applicable upper limit
[GRAPHIC] [TIFF OMITTED] TR06OC93.116

i=An index representing a year. It represents the same year for both 
Federal and California designated engines or vehicles of the same 
production model year.
n=Index representing the number of model years for which the NCP has 
been available for an engine or vehicle subclass (i.e., n=1 for the 
first year that the NCP is available, and so on until n=n for the nth 
year that the NCP is available). The factor ``n'' is based on the model 
year the NCP is first available, as specified in section 86.1105-87 for 
the engine or vehicle subclass and pollutant for both Federal and 
California designated engines and vehicles.
COC50=Estimate of the average total incremental cost to 
comply with the standard relative to complying with the upper limit.
COC90=Estimate of the 90th percentile total incremental cost 
to comply with the standard relative to complying with the upper limit.
MC50=Estimate of the average marginal cost of compliance 
(dollars per emission unit) with the standard.
F=Factor used to estimate the 90th percentile marginal cost based on the 
average marginal cost (the minimum value of F is 1.1, the maximum value 
of F is 1.3).
AAFi=Annual adjustment factor for year i, 
fraci-1=Fraction of engines or vehicles of a subclass using 
NCPs in previous year (year i-1).
Ai=Usage adjustment factor in year i: Ai=0.10 for 
i=2; Ai=0.08 for i<2.
Ii=Percentage increase in overall consumer price index in 
year i.

    (5) The values of COC50, COC90, 
MC50 and F will be determined for each applicable subclass by 
EPA based on the cost data used by EPA in setting the applicable 
emission standard. However, where the rulemaking to establish a specific 
NCP occurs after the rulemaking to establish the standard, EPA may 
augment the data base used to establish the standard by including the 
best cost and emission performance data available to EPA during the 
specific NCP rulemaking.
    (6) In calculating the NCP, appropriate values of the following 
predefined terms should be used: CL, S, UL, F, and Ai. For 
all other terms, unrounded values of at least five figures beyond the 
decimal point should be used in calculations leading up to the penalty 
amount. Any NCP calculated under paragraph (a) of this section will be 
rounded to the nearest dollar in accordance with ASTM E29-67.
    (b) The NCP determined in paragraph (a) of this section is assessed 
against all those engines or vehicles of the nonconforming configuration 
or engine family produced at all assembly plants and distributed into 
commerce--
    (1) Since the beginning of the model year in the case of a 
certification failure described by Sec. 86.1106-87(a).

[[Page 103]]

    (2) Beginning ten days after an SEA failure described by Sec. 
86.1106-87 (b) or (c).
    (3) Following implementation of a production running change 
described by Sec. 86.1106-87(d).
    (c) The NCP will continue to be assessed during the model year, 
until such time, if any, that the configuration or engine family is 
brought into conformance with applicable emission standards.
    (d) A manufacturer may carry over an NCP from a model year to the 
next model year. There is no limit to the number of years that carryover 
can continue. The amount of the penalty will increase each year 
according to paragraph (a) of this section.
    (e) The Administrator shall notify the manufacturer in writing of 
the nonconformance penalty established under paragraph (a) of this 
section after the completion of the PCA under Sec. 86.1112-87.
    (f) A manufacturer may request a hearing under Sec. 86.1115-87 as 
to whether the compliance level (including a compliance level in excess 
of the upper limit) was determined in accordance with the procedures in 
Sec. 86.1112-87(a) or whether the nonconformance penalty was calculated 
in accordance with the procedures in Sec. 86.1113-87(a). If a 
nonconformance penalty has been established, such hearing must be 
requested within fifteen (15) days or such other period as may be 
allowed by the Administrator after the notification of the 
nonconformance penalty. If a manufacturer wishes to challenge a 
compliance level in excess of the upper limit, he must request a hearing 
within fifteen (15) days or such other period as may be allowed by the 
Administrator after the completion of the Production Compliance Audit.
    (g)(1) Except as provided in paragraph (g)(2) of this section, the 
nonconformance penalty or penalties assessed under this subpart must be 
paid as follows:
    (i) By the quarterly due dates, i.e., within 30 days of the end of 
each calendar quarter (March 31, June 30, September 30 and December 31), 
or according to such other payment schedule as the Administrator may 
approve pursuant to a manufacturer's request, for all nonconforming 
engines or vehicles produced by a manufacturer in accordance with 
paragraph (b) of this section and distributed into commerce for that 
quarter.
    (ii) The penalty shall be payable to U.S. Environmental Protection 
Agency, NCP Fund, P.O. Box 360277M, Pittsburgh, PA 15251.
    (2) When a manufacturer has requested a hearing under Sec. 86.1115-
87, it must pay the nonconformance penalty, and any interest, within ten 
days after the Presiding Officer renders his decision, unless the 
manufacturer first files a notice of intention to appeal to the 
Administrator pursuant to Sec. 86.1115-87(t)(1), or, if an appeal of 
the Presiding Officer's decision is taken, within ten days after the 
Administrator renders his decision, unless the manufacturer first files 
a petition for judicial review.
    (3) A manufacturer making payment under paragraph (g)(1) or (g)(2) 
of this section shall submit the following information by each quarterly 
due date to: Director, Manufacturers Operations Division, U.S. 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460. This information shall be submitted even if a 
manufacturer has no NCP production in a given quarter.
    (i) Corporate identification, identification and quantity of engines 
or vehicles subject to the NCP, certificate identification (number and 
date), NCP payment calculations and interest payment calculations, if 
applicable.
    (ii) The following statement and endorsement:

    This information is submitted pursuant to section 206 of the Clean 
Air Act. All information reported herein is, to the best of
------------------------------------------'s
(Company name)

knowledge, true and accurate. I am aware of the penalties associated 
with violations of the Clean Air Act and the regulations thereunder.

________________________________________________________________________
(Authorized Company Representative)

    (4) The Administrator may verify the production figures or other 
documentation submitted under paragraph (g)(3) of this section.
    (5)(i) Interest shall be assessed on any nonconformance penalty for 
which payment has been withheld under

[[Page 104]]

Sec. 86.113-87(g) (1) or (2). Interest shall be calculated from the due 
date for the first quarterly NCP payment, as determined under Sec. 
86.1113-87(g)(1), until either the date on which the Presiding Officer 
or the Administrator renders the final decision of the Agency under 
Sec. 86.1115-87 or the date when an alternate payment schedule 
(approved pursuant to Sec. 86.1113-87(g)(1)) ends.
    (ii) The combined principal plus interest on each quarterly NCP 
payment withheld pursuant to Sec. 86.1113-87(g) (1) or (2) shall be 
calculated according to the formula:

QNCP(1 + R).25n

where:
QNCP=the quarterly NCP payment
R=the interest rate applicable to that quarter
n=the number of quarters for which the quarterly NCP payment is 
outstanding.

    (iii) The number of quarters for which payment is outstanding for 
purposes of this paragraph shall be the number of quarterly NCP payment 
due dates, as determined under Sec. 86.1113-87(g)(1), which have 
elapsed throughout the duration of a hearing request, or alternate 
payment schedule.
    (iv) The interest rate applicable to a quarter for purposes of this 
paragraph shall be the rate published by the Secretary of the Treasury 
pursuant to the Debt Collection Act of 1982 and effective on the date on 
which the NCP payment was originally due.
    (6) A manufacturer will be refunded an overpayment, or be permitted 
to offset an overpayment by withholding a future payment, if approved in 
advance by the Administrator. The government shall pay no interest on 
overpayments.
    (h) A manufacturer that certifies as a replacement for the 
nonconforming configuration, a configuration that is in conformance with 
applicable standards, and that performs a production compliance audit 
(PCA) in accordance with Sec. 86.1112-87(a) that results in a 
compliance level below the applicable standard, will be eligible to 
receive a refund of a portion of the engineering and development 
component of the penalty. The engineering and development component will 
be determined by multiplying the base penalty amount by the engineering 
and development factor for the appropriate subclass and pollutant in 
Sec. 86.1105-87. The amount refunded will depend on the model year in 
which the certification and PCA take place. In cases where payment of 
penalties have been waived by EPA in accordance with paragraph 
(g)(1)(iii) of this section, EPA will refund a portion of the 
engineering and development component. The proportionate refund to be 
paid by EPA will be based on the proportion of vehicles or engines of 
the nonconforming configuration for which NCPs were paid to EPA. The 
refund is calculated as follows:

Rtot=Dn x FE&D x NCP1 x 
    Prodtot

RCal=(ProdCal/Prodtot) x 
    (Rtot)

REPA=Rtot-RCal

Where:

n=index representing the number of model years for which the NCP has 
been available for an engine or vehicle subclass (i.e., n=1 for the 
first year that NCPs are available, . . . , n=n for the n\th\ year the 
NCPs are available; same as ``n'' in paragraph (a)(4)).
Dn=discount factor depending on the number of model years (n) 
for which NCPs were available at the time of certification and PCA of 
the replacement configuration, and its value is as follows:
    D1=0.90
    D2=0.79
    D3=0.67
    D4=0.54
    D5=0.39
    D6=0.23
    D7=0.05
    Dn=0.00 for n=8 or larger
FE&D=the engineering and development factor specified in 
section 86.1105-87 for the appropriate subclass and pollutant
NCP1=the penalty for each engine or vehicle during the first 
(base) year the NCP is available as calculated in paragraph (a)
Prodtot=total number of engines or vehicles produced in the 
subclass for which NCPs were paid to EPA or to the State of California
ProdCal=number of engines or vehicles in the subclass 
demonstrated to have been titled, registered or principally used in the 
State of California and for which NCPs were paid to the State of 
California under paragraph (g)(1)
Rtot=Total refund due to the manufacturer for the engineering 
and development component of the NCP
RCal=Refund due to the manufacturer from the State of 
California for the engineering and development component of the NCP

[[Page 105]]

REPA=Refund due to the manufacturer from EPA for the 
engineering and development component of the NCP.

[50 FR 35388, Aug. 30, 1985, as amended at 50 FR 53467, Dec. 31, 1985; 
53 FR 19134, May 26, 1988; 55 FR 46629, Nov. 5, 1990; 61 FR 51366, Oct. 
2, 1996]



Sec. 86.1114-87  Suspension and voiding of certificates of conformity.

    (a) The certificate of conformity is suspended with respect to any 
engine or vehicle failing pursuant to paragraph (f) of Sec. 86.1112-87 
effective from the time that a fail decision is made for that engine or 
vehicle.
    (b) Once a certificate has been suspended for a failed engine or 
vehicle as provided for in paragraph (a) of this section, the 
manufacturer shall take the following actions:
    (1) Before the certificate is reinstated for that failed engine or 
vehicle,
    (i) Remedy the nonconformity, and
    (ii) Demonstrate that the engine or vehicle conforms to the 
applicable standards or compliance levels by retesting the engine or 
vehicle in accordance with these regulations; and
    (2) Submit a written report to the Administrator within five working 
days after successful completion of testing on the failed engine or 
vehicle, which contains a description of the remedy and test results for 
each engine or vehicle in addition to other information that may be 
required by this regulation.
    (c) The Administrator may suspend the certificate of conformity if 
the manufacturer, after electing to conduct a PCA, fails to adhere to 
the requirements stated in Sec. 86.1106-87(b)(3), (b)(6)(iii), (c)(2), 
or (c)(5)(iii).
    (d) The Administrator may suspend the qualified certificate of 
conformity issued under the conditions specified in Sec. 86.1106-87 if 
the manufacturer fails to adhere to the requirements stated in Sec. 
86.1106-87(a)(3), (a)(4)(iii), (d)(2)(iii), or (d)(3).
    (e) The Administrator may suspend the certificate of conformity or 
the qualified certificate of conformity if the compliance level as 
determined in Sec. 86.1112-87(a) is in excess of the upper limit.
    (f) The Administrator may void the certificate of conformity if the 
compliance level as determined in Sec. 86.1112-87(a) is in excess of 
the upper limit and the manufacturer fails to recall any engines or 
vehicles introduced into commerce pursuant to Sec. 86.1106-
87(a)(4)(ii), (b)(6)(ii), (c)(5)(ii) or (d)(2)(ii).
    (g) The Administrator may void the certificate of conformity for 
those engines or vehicles for which the manufacturer fails to meet the 
requirements of Sec. 86.1106-87(a)(4)(i), (b)(6)(i), (c)(5)(i), or 
(d)(2)(i).
    (h) The Administrator shall notify the manufacturer in writing of 
any suspension or voiding of a certificate of conformity in whole or in 
part, except as provided for in paragraph (a) of this section.
    (i) A certificate of conformity suspended or voided under paragaph 
(c), (d), (e), (f) or (g) of this section may be reinstated after a 
written request by the manufacturer and under such terms and conditions 
as the Administrator may require and after the manufacturer demonstrates 
compliance with applicable requirements.
    (j) After the Administrator suspends or voids a certificate of 
conformity pursuant to this section or notifies a manufacturer of his 
intent to suspend or void a certificate of conformity under Sec. 
86.087-30(e), and prior to the commencement of a hearing, if any, under 
Sec. 86.1115-87, if the manufacturer demonstrates to the 
Administrator's satisfaction that the decision to suspend or void the 
certificate was based on erroneous information, the Administrator shall 
reinstate the certificate.



Sec. 86.1115-87  Hearing procedures for nonconformance determinations and 

penalties.

    (a) Applicability. The procedures prescribed by this section shall 
apply whenever a manufacturer requests a hearing pursuant to Sec. 
86.087-30(e)(6)(i), Sec. 86.087-30(e)(7), or Sec. 86.1113-87(f).
    (b) Definitions. The following definitions shall be applicable to 
this section:
    (1) Hearing Clerk shall mean the Hearing Clerk of the Environmental 
Protection Agency.
    (2) Manufacturer means a manufacturer contesting a compliance level 
or penalty determination sent to the manufacturer.

[[Page 106]]

    (3) Party means the Agency and the manufacturer.
    (4) Presiding Officer shall mean an Administrative Law Judge 
appointed pursuant to 5 U.S.C. 3105 (see also 5 CFR part 930 as 
amended).
    (5) 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.
    (c) Request for public hearing. (1) A manufacturer may request a 
hearing pursuant to Sec. 86.1113-87(f) if it disagrees with the 
Administrator's determination of compliance level or penalty calculation 
or both, or pursuant to Sec. 86.085-30(e)(6)(i) or Sec. 86.085-
30(e)(7) if it disagrees with the Administrator's proposed suspension or 
voiding of a certificate of conformity. Requests for such a hearing 
shall be filed no later than 15 days:
    (i) After receipt of the Administrator's notification of NCP, if the 
compliance level is in the allowable range of non-conformity, or
    (ii) After completion of the Production Compliance Audit, if the 
compliance level exceeds the upper limit, or
    (iii) After receipt of the Administrator's notification of a 
proposed suspension or voiding of a certificate of conformity if the 
hearing is requested pursuant to Sec. Sec. 86.085-30(e)(6)(i) or 
86.085-30(e)(7), unless otherwise specified by the Administrator. The 
manufacturer shall simultaneously serve two copies of this request upon 
the Director of the Manufacturers Operations Division and file two 
copies with the Hearing Clerk. Failure of the manufacturer to request a 
hearing within the time provided constitutes a waiver of the right to a 
hearing. 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 
compliance level or penalty calculation.
    (2) The request for a public hearing shall contain:
    (i) A statement as to which vehicle or engine subclasses or 
configurations 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 vehicle or engine subclass or 
configuration for which the manufacturer has requested the hearing. 
Provided, however, That in the case of a hearing requested under Sec. 
86.1113-87(f), the hearing shall be restricted to the following issues:
    (A) Whether the compliance level was determined in accordance with 
the procedures in Sec. 86.1112-87(a); or
    (B) Whether the penalty was calculated in accordance with the 
procedures in Sec. 86.1113-87(a).
    (iii) A statement specifying reasons why the manufacturer believes 
it will prevail on the merits on each of the issues so raised; and
    (iv) A summary of the evidence which supports the manufacturer's 
position 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.
    (d) Summary decision. (1) In the case of a hearing requested under 
Sec. 86.1113-87(f) when it clearly appears from the data and other 
information contained in the request for a hearing that there is no 
genuine and substantial question of fact with respect to the issues 
specified in Sec. 86.1115-87(c)(2)(ii), the Administrator will enter an 
order denying the request for a hearing, and reaffirming the original 
compliance level determination or penalty calculation.
    (2) Any order issued under paragraph (d)(1) of this section shall 
have the force and effect of a final decision of

[[Page 107]]

the Administrator, as issued pursuant to paragraph (v)(4) of this 
section.
    (3) If the Administrator determines that a genuine and substantial 
question of fact does exist with respect to any of the issues referred 
to in paragraph (d)(1) of this section, he shall grant the request for a 
hearing and publish a notice of public hearing in accordance with 
paragraph (h) of this section.
    (e) 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 (h) of this section.
    (2) To the maximum extent possible, testimony shall be presented in 
written form. Copies of written testimony shall be served upon all 
parties as soon as practicable prior to the start of the hearing. 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 sent by 
registered mail to: Director, Manufacturers Operations Division, U.S. 
Environmental Protection Agency (EN-340F), 1200 Pennsylvania Ave., NW., 
Washington, DC 20460. Service by registered mail is complete upon 
mailing.
    (f) 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 a 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.
    (g)(1) Consolidation. The Administrator of 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.
    (2) If a vehicle or engine is determined to be in nonconformity 
during certification testing under subpart A of this part, then the 
manufacturer may wait to challenge the determination until after 
production compliance auditing and calculation of his penalty and may 
consolidate challenges to the determination of nonconformity and the 
compliance level determination or the penalty calculation, without 
losing any rights he would otherwise have had.
    (3) If a vehicle or engine is determined to be in nonconformity 
during selective enforcement auditing under subpart K of this part, then 
the manufacturer must wait to challenge the determination until after 
the compliance level determination and the penalty calculation, and must 
consolidate challenges to the determination of nonconformity and the 
compliance level determination or the calculation of the penalty.
    (h) Notice of public hearings. (1) Notice of public hearing under 
this section shall be given by publication in the Federal Register and 
by such other means as the Administrator finds appropriate to provide 
notice to the public. To the extent possible, hearings under this 
section shall be scheduled to commence within 30 days of receipt of the 
application in paragraph (c) of this section.
    (2) [Revised]
    (i) Amicus curiae. Persons not parties to the proceeding 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

[[Page 108]]

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 and 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 rules 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 exclude irrelevant or 
repetitious material;
    (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;
    (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 on 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 of the time 
and location of 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 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; and
    (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 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

[[Page 109]]

    (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 this expected testimony, to prepare for the presentation of this 
case.
    (m) Other discovery. (1) Except as provided by paragraph (m)(1) 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 trade secrets of the 
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 for 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, representatives of the Agency, and the person or 
party seeking the protective order.
    (3) Any party, subject to the terms and conditions of any protective 
order

[[Page 110]]

issued pursuant to paragraph (n)(1) of this section, that desires to 
make use of any in camera documents or testimony in the presentation of 
his case shall apply to the Presiding Officer by motion for permission 
to do so, and shall state the justification for the motion. The 
Presiding Officer, in granting any such motion, shall enter an order 
protecting the rights of the affected persons and parties as far as is 
practicable, and preventing unnecessary disclosure of such information 
and testimony concerning such information.
    (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. This shall not preclude 
references in such 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 therefore, shall set forth the relief or order 
sought, and shall be filed with the Hearing Clerk and served upon all 
parties.
    (2) Within such 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 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 irrelevent 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 
cross-examine 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) Record. (1) Hearings shall be stenographically reported and 
transcribed and the original transcripts shall be part of the record. 
Copies of the records shall be filed with the Hearing Clerk and made 
available during Agency business hours for public inspection. Any person 
who wants a copy of the record of the hearing or any part thereof, 
except as provided in paragraph (n) of this section, 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.
    (r) Proposed findings, conclusions. (1) Within 30 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 order, together with reasons therefore and briefs in support 
thereof. Such proposals shall be in writing, shall be served upon all

[[Page 111]]

parties, and shall contain adequate references to the record and 
authorities relied upon.
    (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.
    (s) 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 the period for 
filing proposed findings has expired, as provided for in paragraph (c) 
of this section.
    (2) The Presiding Officer's decision shall become the decision of 
the Environmental Appeals Board (i) 10 days after issuance thereof, if 
no notice of intention to appeal as described in paragraph (t) of this 
section is filed, unless in the interim the Environmental Appeals Board 
shall have taken action to review or stay the effective date of the 
decision; or (ii) 5 days after expiration of the period allowed by 
paragraph (t)(1) of this section for perfection of an appeal, if a 
notice of intention to appeal is filed but the appeal is not perfected, 
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 therefore, 
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.
    (t) 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 20 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 the same time limits as 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 appealed;
    (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 legal or other material 
relied upon; and
    (iv) A proposed order for the Environmental Appeals Board's 
consideration if different from the order contained in the Presiding 
Officer's decision.
    (4) No brief in excess of 15 pages shall be filed without leave of 
the Environmental Appeals Board.
    (5) Oral argument will be allowed only in the discretion of the 
Environmental Appeals Board.
    (u) 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 (t) 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 (t)(1) of this section, 
may, on its own motion, within 14 days after notice from the Hearing 
Clerk, 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

[[Page 112]]

all parties and shall set forth the scope of such review and the issues 
which shall be considered and shall make provisions for filing of 
briefs.
    (v) Decision of appeal or review. (1) Upon appeal from or review of 
the Presiding Officer's 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, 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 order 
contained in the decision of the Presiding Officer and shall set forth 
in its decision a statement of the reasons or bases for this 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 without final 
action pending the receipt of such additional information or views, or 
may remand the case to the Presiding Officer.
    (4) Any decision rendered under this paragraph which completed 
disposition of a case shall be a final decision of the Environmental 
Appeals Board.
    (w) Reconsideration. 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. This 
petition must be filed within 20 days of the issuance of the 
Environmental Appeals Board's decision, and must be confined to new 
questions raised by the decision or final order and which the petitioner 
had no opportunity to argue before the Presiding Officer or the 
Environmental Appeals Board, unless otherwise specified by the 
Environmental Appeals Board. Subsequent to the expiration of the period 
for petitioning for reconsideration, the Environmental Appeals Board 
may, in its discretion and for good cause shown, grant the manufacturer 
a hearing to contest the compliance level or the penalty calculation 
even though such issues may have been raised in the previous proceeding. 
Any party desiring to oppose such a petition, shall file an answer 
thereto within 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.
    (x) 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, for any of the following reasons:
    (i) Failure to state a claim upon which relief can be granted, or 
direct or collateral estoppel;
    (ii) The lack of any genuine issue of material fact, causing a party 
to be 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 (s) 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.
    (y) Conclusion of hearing. (1) If, after the expiration of the 
period for taking an appeal as provided by paragraph (t) of this 
section, no appeal has been

[[Page 113]]

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 (u) 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 (t) 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 (u) of this section, the 
hearing will be deemed to have ended upon issuance of a final decision 
by the Environmental Appeals Board.
    (z) Judicial review. (1) The Administrator hereby designates the 
General Counsel of the Environmental Protection Agency as the officer 
upon whom any copies 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) [Reserved]

[50 FR 35388, Aug. 30, 1985, as amended at 50 FR 53467, Dec. 31, 1985; 
55 FR 46630, Nov. 5, 1990; 57 FR 5333, Feb. 13, 1992]



Sec. 86.1116-87  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 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 34798, Aug. 27, 1985, as amended at 57 FR 5334, Feb. 13, 1992]



Subpart M_Evaporative Emission Test Procedures for New Gasoline-Fueled, 

 Natural Gas-Fueled, Liquefied Petroleum Gas-Fueled and Methanol-Fueled 

                           Heavy-Duty Vehicles

    Authority: Secs. 202, 206, 301, Clean Air Act as amended, 42 U.S.C. 
7521, 7525, 7601.

    Source: 48 FR 1456, Jan. 12, 1983, unless otherwise noted.



Sec. 86.1201-90  Applicability.

    (a) The provisions of this subpart are applicable to new gasoline-
fueled, natural gas-fueled, liquefied petroleum gas-fueled and methanol-
fueled heavy-duty vehicles.
    (b) Provisions of this subpart apply to tests performed by both the 
Administrator and motor vehicle manufacturers.
    (c) Test procedures and equipment other than those described in this 
subpart may be used by the vehicle manufacturer if shown to yield 
results which correlate with results yielded by those described in this 
subpart (with the reference driving schedule described in Sec. 86.1215-
85(a)) and if approved in advance by the Administrator.

[54 FR 14562, Apr. 11, 1989, as amended at 59 FR 48521, Sept. 21, 1994]

[[Page 114]]



Sec. 86.1202-85  Definitions.

    Applicable definitions in Sec. Sec. 86.077-2, 86.078-2, 86.079-2, 
86.080-2, 86.081-2, 86.082-2 and 86.085-2 apply to this subpart.



Sec. 86.1203-85  Abbreviations.

    The abbreviations in Sec. 86.079-3 apply to this subpart.



Sec. 86.1204  Section numbering.

    The section numbering system set forth in Sec. 86.104 applies to 
this subpart.

[59 FR 48521, Sept. 21, 1994]



Sec. 86.1205-90  Introduction; structure of subpart.

    (a) This subpart describes the equipment required and the procedures 
to follow in order to determine evaporative emission levels from 
gasoline-fueled, natural gas-fueled, liquefied petroleum gas-fueled and 
methanol-fueled heavy-duty vehicles.
    (b) Three topics are addressed in this subpart. Sections 86.1206 
through 86.1215 set forth specifications and equipment requirements; 
Sec. Sec. 86.1216 through 86.1226 discuss calibration methods and 
frequency; test procedures and data requirements are listed in 
Sec. Sec. 86.1227 through 86.1246.

[54 FR 14562, Apr. 11, 1989, as amended at 58 FR 16047, Mar. 24, 1993; 
59 FR 48521, Sept. 21, 1994]



Sec. 86.1206-96  Equipment required; overview.

    This subpart specifies procedures for testing of gasoline-fueled, 
natural gas-fueled, liquefied petroleum gas-fueled and methanol-fueled 
heavy-duty vehicles. Equipment required and specifications are as 
follows:
    (a) Evaporative emission tests. Section 86.1207 specifies the 
necessary equipment.
    (b) Fuel, analytical gas, and driving schedule specifications. Fuel 
specifications for emission testing and for service accumulation are 
specified in Sec. 86.1213. Analytical gases are specified in Sec. 
86.1214. Evaporative testing requires vehicle operation on a chassis 
dynamometer. The driving cycle is specified in Sec. 86.1215.

[58 FR 16047, Mar. 24, 1993, as amended at 59 FR 48521, Sept. 21, 1994; 
65 FR 59957, Oct. 6, 2000]



Sec. 86.1207-96  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. 86.1217-96. 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. 86.1233-96 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 moveable 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. 86.1217-96 over the specified

[[Page 115]]

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. 
86.1217-96(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 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. 86.1217-96. The enclosure may be equipped with a personnel 
door, provided that the enclosure can still meet the requirements of 
Sec. 86.1217-96 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. 86.1208. 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.

[[Page 116]]

    (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-, liquefied petroleum gas-, natural gas- 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). Provided evaporative emission results are not affected, 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 sample through 
the impingers. The analytical equipment shall consist of a gas 
chromatograph equipped with a flame ionization detector.
    (3) The methanol sampling system described in paragraph (b)(2) of 
this section 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. 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. 86.1233. 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 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. 86.1234(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.

[[Page 117]]

    (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 that 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. 86.1232(j)(2). Also, under exceptional 
circumstances in which airflow alone is insufficient to control fuel 
temperatures during the running loss test, direct fuel tank heating may 
be used (see Sec. 86.1234-96(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. 86.1230-96.
    (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. 
86.1229-85(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

[[Page 118]]

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 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

[[Page 119]]

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 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 16047, Mar. 24, 1993, as amended at 59 FR 48521, Sept. 21, 1994; 
60 FR 34358, June 30, 1995; 60 FR 43898, Aug. 23, 1995]



Sec. 86.1213-08  Fuel specifications.

    The test fuels listed in 40 CFR part 1065, subpart H, shall be used 
for evaporative emission testing.

[70 FR 40437, July 13, 2005]

[[Page 120]]



Sec. 86.1213-94  Fuel specifications.

    Use the fuels specified in subpart N of this part for evaporative 
emission testing.

[71 FR 51487, Aug. 30, 2006]



Sec. 86.1214-85  Analytical gases.

    (a) Analyzer gases. (1) Gases for the hydrocarbon 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.
    (2) Fuel for the evaporative emission enclosure FID (or HFID for 
methanol-fueled vehicles) shall be a blend of 40 2 
percent hydrogen with the balance being helium. The mixture shall 
contain less than 1 ppm equivalent carbon response. 98 to 100 percent 
hydrogen fuel may be used with advance approval by the Administrator.
    (3) The allowable zero air impurity concentration shall not exceed 1 
ppm equivalent carbon response.
    (4) ``Zero grade air'' includes artificial ``air'' consisting of a 
blend of nitrogen and oxygen with oxygen concentrations between 18 and 
21 mole percent.
    (5) 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 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 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.

[48 FR 1456, Jan. 12, 1983, as amended at 60 FR 34359, June 30, 1995]



Sec. 86.1215-85  EPA heavy-duty vehicle (HDV) urban dynamometer driving 

schedule.

    (a)(1) The EPA dynamometer driving schedule for heavy-duty vehicles 
is a 1060 second transient speed versus time cycle which is designed to 
simulate gasoline-fueled HDV operation in urban areas. A second by 
second listing of this schedule is given in appendix I(d) of this part. 
Thirty-three percent of the cycle is idle operation, and the average 
vehicle speed is 18.9 mph (30.4 km/hr). The Administrator will use this 
driving schedule when conducting evaporative emission tests, as 
described in Sec. 86.1230-96.
    (2) For evaporative emission testing of heavy-duty vehicles a 
manufacturer may optionally use the dynamometer driving schedule for 
light-duty vehicles and light-duty trucks specified in appendix I(a) of 
this part. This driving schedule may not be used for exhaust emissions 
testing of heavy-duty vehicles. If the manufacturer chooses to use this 
option, the Administrator will use this driving schedule when conducting 
evaporative emission tests, as described in Sec. 86.1230-96.
    (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 4 mph (6.4 km/h) higher than the highest 
point on the trace within 1 second of the given time.
    (2) The lower limit is 4 mph (6.4 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

[[Page 121]]

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. 86.1229, 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.

[48 FR 1456, Jan. 12, 1983, as amended at 58 FR 16050, Mar. 24, 1993; 65 
FR 59957, Oct. 6, 2000]



Sec. 86.1216-90  Calibrations; frequency and overview.

    (a) Calibrations shall be performed as specified in Sec. Sec. 
86.1217 through 86.1226.
    (b) At least yearly or after any maintenance which could alter 
background emission levels, enclosure background emission measurements 
shall be performed.
    (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 (see Sec. 86.1221). 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 (see Sec. 86.1218).
    (3) Perform a hydrocarbon retention check and calibration on the 
evaporative emission enclosure (see Sec. 86.1217).
    (d) At least twice annually or after any maintenance perform a 
methanol retention check and calibration on the evaporative emission 
enclosure (see Sec. 86.1217).
    (e) Calibrate the methanol analyzer as often as required by the 
manufacturer or as necessary according to good practice.

[54 FR 14564, Apr. 11, 1989, as amended at 60 FR 34359, June 30, 1995]



Sec. 86.1217-96  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. 86.1221, prior to 
its being placed in service is required for the determination of 
hydrocarbons. Proceed as follows:
    (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

[[Page 122]]

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. 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. 
86.1233-96) 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]
    (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) Inject into the enclosure 2 to 6 grams of pure methanol at a 
temperature of at least 150 [deg]F (65 [deg]C) and/or 2 to 6 grams of 
pure propane. The injected quantity may be measured by volume flow or by 
mass measurement. The

[[Page 123]]

method used to measure the quantity of methanol and propane shall have 
an accuracy of 0.2 percent of the 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 
calendar years through 1995, 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. 86.1233-96 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 3 percent of that determined in 
paragraph (c)(1)(viii) of this section. (For calendar years through 
1995, 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. 
86.1234-96) shall meet the calibration and retention requirements of 
Sec. 86.1217-90(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. 86.1238).
    (4) The Administrator, upon request, may waive the requirement to 
comply with 2 percent methanol recovery tolerance, 
and/or the 3 percent retention tolerance and 
instead require compliance with higher tolerances (not to exceed 6 percent for recoveries and 8 for 
retention), provided that:
    (i) The Administrator determines that compliance with these 
specified tolerances 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.
    (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:
[GRAPHIC] [TIFF OMITTED] TR06OC93.120


Where:

    (i) MCH3OH=Methanol mass change, [micro]g.
    (ii) V=Enclosure volume, ft\3\, as measured in paragraph (b)(1) of 
this section.
    (iii) [Reserved]

[[Page 124]]

    (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.
    (ix) i=Initial sample.
    (x) f=Final sample.
    (xi) 1=First impinger.
    (xii) 2=Second impinger.
    (xiii) MCH3OH,out=mass of methanol exiting the enclosure, 
in the case of fixed-volume enclosures for diurnal emission testing, 
[micro]g.
    (xiv) MCH3OH,in=mass of methanol entering 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, temperature, and pressure according to 
the following equation:
[GRAPHIC] [TIFF OMITTED] TR06OC93.121


Where:

    (i) MHC=Hydrocarbon mass change, g.
    (ii) CHC=FID hydrocarbon concentration as ppm carbon 
including FID response to methanol in the sample.
    (iii) CCH3OH=Methanol concentration as ppm carbon
    [GRAPHIC] [TIFF OMITTED] TR06OC93.122
    
    (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. 
86.1207(a)(1)(i), the following simplified form of the hydrocarbon mass 
change equation may be used:
[GRAPHIC] [TIFF OMITTED] TR06OC93.123


[[Page 125]]


    (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, 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. 86.1244 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 
Heavy-Duty Vehicle Urban Dynamometer Driving Schedule, as described in 
Sec. 86.1215 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 16050, Mar. 24, 1993, as amended at 60 FR 34360, June 30, 1995; 
60 FR 43900, Aug. 23, 1995]



Sec. 86.1218-85  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. If the dynamometer is to be 
used for driving only the reference (transient) schedule, the frictional 
power absorption needs to be determined only at 50.0 mph (80.5 km/hr). 
If the dynamometer is to be used for driving the steady-state cycle, the 
frictional power absorption needs to be determined through the range of 
15 to 50 mph. One method for determining dynamometer frictional power 
absorption at 50.0 mph (80.5 km/hr) is described below. The same general 
method can be used at other speeds. 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

[[Page 126]]

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 coastdown. 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. In the case of dynamometers with paired 
rolls, the inertia and power absorption of the free (rear) roll may be 
neglected if its inertia is less than 3.0 percent of the total 
equivalent inertia required for vehicle testing.
    (1) Devise a method to determine the speed of the roll(s) to be 
measured for power absorption. 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) If the dynamometer is capable of simulating more than a single 
inertia mass, 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 mph (80.5 km/hr).
    (5) Record indicated road power.
    (6) Drive the dynamometer up to 60 mph (96.9 km/hr).
    (7) Disengage the device used to drive the dynamometer.
    (8) Record the time for the dynamometer roll(s) to coastdown from 
55.0 mph (88.5 km/hr) to 45.0 mph (72.4 km/hr).
    (9) Adjust the power absorption unit to a different level.
    (10) Repeat steps (4) to (8) 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/hr) versus 
road load power at 50 mph (80.5 km/hr).
    (b) The performance check consists of conducting a dynamometer 
coastdown and comparing the coastdown time to that recorded during the 
last calibration. If the coastdown times differ by more than 1 second or 
by 5 percent of the time recorded during the last calibration, whichever 
is greater, a new calibration is required.
    (c) Calculations. The road load power actually absorbed by each roll 
assembly (or roll-inertia weight assembly) of the dynamometer is 
calculated from the following equation:

HPd = (\1/2\) (W/32.2) (V1\2\--V2\2\)/
    550t

Where:

HPd = Power, horsepower (kilowatts)
W = Equivalent inertia, lb (kg)
V 1 = 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 
km/hr).

(Expressions in parenthesis are for SI units). When the coastdown is 
from 55 to 45 mph (88.5 to 72.4 km/hr) the above equation reduces to:

HPd = 0.06073 (W/t)

For SI units:
HP d = 0.09984 (W/t)

    The total road load power actually absorbed by the dynamometer is 
the sum of the absorbed road load power of each roll assembly.



Sec. 86.1221-90  Hydrocarbon analyzer calibration.

    The FID hydrocarbon analyzer shall receive the following initial and 
periodic calibrations.
    (a) 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. 
(The HFID used with methanol-fueled vehicles shall be operated at 
235[deg] 15 [deg]F (113[deg] 8 [deg]C)). Analyzers used with gasoline-fuel and 
liquefied petroleum gas-fuel shall be optimized using propane. Analyzers 
used with natural gas-fuel may be optimized using methane, or if 
calibrated using propane the FID response to methane shall be determined 
and applied to the FID hydrocarbon reading. Alternate methods yielding 
equivalent results may be used, if approved in advance by the 
Administrator.

[[Page 127]]

    (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 (or methane as appropriate) in air mixture with a 
propane (or methane 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.
    (b) 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 (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 (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.
    (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 M90-1. 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 with an accuracy of 
2 percent.

[[Page 128]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.184

    (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 129]]

    (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] TR06OC93.124


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) The gas chromatograph used in the analysis of methanol samples 
shall be calibrated at least monthly following manufacturers' 
recommended procedures (certain equipment may require more frequent 
calibration based on use and good engineering judgment).
    (e) FID response factor to methane. When the FID analyzer to be used 
for the analysis of natural gas-fueled vehicle hydrocarbon samples has 
been calibrated using propane, 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 14566, Apr. 11, 1989, as amended at 59 FR 48523, Sept. 21, 1994; 
60 FR 34361, June 30, 1995]



Sec. 86.1226-85  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.



Sec. 86.1227-96  Test procedures; overview.

    (a) The overall test consists of prescribed sequences of fueling, 
parking, and operating conditions. Vehicles are tested only for 
evaporative emissions.
    (b) The evaporative emission test (gasoline-fueled, natural gas-
fueled, liquefied petroleum gas-fueled, and methanol-fueled vehicles) is 
designed to determine hydrocarbon and/or methanol evaporative emissions 
as a consequence of diurnal temperature fluctuation urban driving and 
hot soaks during engine-off periods. It is associated with a series of 
events representative of heavy-duty vehicle operation, which 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. 86.1233);
    (2) Running losses resulting from a simulated trip on a chassis 
dynamometer, measured by the enclosure or point-source technique (see 
Sec. 86.1234; this test is not required for gaseous-fueled vehicles); 
and
    (3) Hot soak losses, which result when the vehicle is parked and the 
hot engine is turned off, measured by the enclosure technique (see Sec. 
86.1238).
    (c) Background concentrations are measured for all species for which 
emissions measurements are made. For evaporative testing, this requires 
measuring initial concentrations. (When testing methanol-fueled 
vehicles, manufacturers may choose not to measure background 
concentrations of methanol, and then assume that the concentrations are 
zero during calculations.)

[58 FR 16052, Mar. 24, 1993, as amended at 59 FR 48523, Sept. 21, 1994; 
60 FR 34363, June 30, 1995]



Sec. 86.1228-85  Transmissions.

    (a) All test conditions, except as noted, shall be run in a manner 
representative of in-use operation, and where appropriate, according to 
the

[[Page 130]]

manufacturer's recommendation to the ultimate purchaser.
    (b) Except for the first idle mode, 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 first idle. The first idle mode and idle modes longer 
than one minute in length shall be run with automatic transmissions in 
``Neutral,'' and manual transmissions shall be in ``Neutral'' with the 
clutch engaged (clutch may be disengaged for engine start-up).
    (c) The vehicle shall be driven with minimum accelerator pedal 
movement to maintain the desired operation.
    (d) Accelerations shall be driven smoothly according to the 
manufacturer's recommendation to the ultimate purchaser. For manual 
transmissions, the operator shall accomplish each 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.
    (e) For those deceleration modes which decelerate to zero, manual 
transmission clutches shall be depressed when the speed drops below 15 
mph (24.1 km/hr), when engine roughness is evident, or when engine 
stalling is imminent.



Sec. 86.1229-85  Dynamometer load determination and fuel temperature profile.

    (a) Flywheels, electrical or other means of simulating inertia shall 
be used. The value of equivalent inertia weight shall be within 250 
pounds of the loaded vehicle weight (LVW). Loaded vehicle weight is 
defined as follows:
    (1) For test vehicles which have an actual weight less than 0.5 x 
(GVWR),

LVW = 0.5 x (Gross Vehicle Weight Rating)

    (2) For test vehicles which have an actual weight (As tested) 
greater than 0.5 x (GVWR),

LVW = Actual Weight of Test Vehicle,

    (b) Power absorption unit adjustment. (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. 86.1218-85 or other 
suitable means.
    (2) The road load power used shall be determined from the following 
equation:

RLP = 0.67(H - 0.75)W = 0.00125[LVW - (N x DW)]

Where:

RLP = Road Load Power at 50 mph (horsepower).
H = Vehicle overall maximum height (feet).
W = Vehicle overall maximum width (feet).
LVW = Loaded vehicle weight (pounds).
DW = Vehicle weight supported by the dynamometer (pounds).
N = Number of dynamometer rolls supporting a tire.


or the manufacturer may determine the road load power by an alternate 
procedure (including coastdown). Such alternate procedures shall exhibit 
good engineering judgement and shall be subject to review upon request 
by the Administrator. For vehicles which the manufacturer chooses to 
certify by the optional light-duty truck certification provision (Sec. 
86.082-1(b)), the evaporative emission test procedure (and standard) 
will be that specified by the light-duty truck regulations.
    (c) [Reserved]
    (d) Fuel temperature profile--(1) General requirements. (i) To be 
tested for running losses, as specified in Sec. 86.1234, 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

[[Page 131]]

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. 
86.1207-96(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 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

[[Page 132]]

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. 86.1213, 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. 86.1234-96).
    (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 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 953 [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. 86.1234-96(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

[[Page 133]]

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 the first driving cycle;
    (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. 86.1215. 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.
    (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.

[48 FR 1456, Jan. 12, 1983, as amended at 48 FR 52210, Nov. 16, 1983; 58 
FR 16053, Mar. 24, 1993; 60 FR 43901, Aug. 23, 1995; 65 FR 59957, Oct. 
6, 2000]

[[Page 134]]



Sec. 86.1230-96  Test sequence; general requirements.

    (a)(1) Gasoline- and methanol-fueled vehicles. The test sequence 
shown in figure M96-1 of this section 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 M96-1 tests vehicles for all sources 
of evaporative emissions. The supplemental two-diurnal test sequence is 
designed to verify that vehicles sufficiently purge their evaporative 
canisters during the dynamometer run. Sections 86.1232-96, 86.1233-96 
and 86.1238-96 describe the separate specifications of the supplemental 
two-diurnal test sequence.
    (2) Gaseous-fueled vehicles. The test sequence shown in figure M96-1 
of this section 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. 86.1246). 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 135]]

[GRAPHIC] [TIFF OMITTED] TR23AU95.009


[58 FR 16054, Mar. 24, 1993, as amended at 59 FR 48524, Sept. 21, 1994; 
60 FR 43902, Aug. 23, 1995]

[[Page 136]]



Sec. 86.1231-90  Vehicle preparation.

    (a) Prepare the fuel tank(s) for recording the temperature of the 
prescribed test fuel at the approximate mid-volume of the fuel when the 
tank is 40 percent full.
    (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)(1) Any vapor storage device which absorbs HC vapors and/or 
CH3OH vapors and subsequently releases them to the engine 
induction system during vehicle operation shall be subjected to a 
minimum of 30 load-purge cycles or the equivalent thereof (4,000 miles 
or more of actual in-use vehicle service accumulation shall be 
considered equivalent). One load-purge cycle shall be accomplished by 
conducting one of the following procedures:
    (i) Vehicle procedure. Park a fully-warm vehicle (a vehicle that has 
been driven for at least 15 minutes) for a time period of at least 3 
hours. Fill the fuel tank(s) to the prescribed ``tank fuel volume'' with 
specified test fuel (Sec. 86.1213) at room temperature. Then drive the 
vehicle through at least one cycle of the HDV reference (transient) 
urban dynamometer driving schedule.
    (ii) Laboratory procedure. Flow vapors (gasoline or methanol, as 
appropriate) into a pre-purged vapor storage device until at least 10 
percent of the input HC or CH3OH mass flow rate is passing 
through the device. Purge the device with a volume of air which is at 
least as great as, and which has a temperature no higher than that which 
would be drawn through the device if it were installed on the test 
vehicle and the vehicle was operated according to the HDV reference 
(transient) urban dynamometer driving schedule. The vapor flow rate, the 
method used to generate the vapors, the air flow rate, and the air 
temperature shall be recorded. If pre-blended gas is used, then the 
composition and characteristics of the gas shall be recorded.
    (2) Ten load-purge cycles accumulated immediately prior to testing 
shall be conducted according to the method in paragraph (c)(1)(i) of 
this section. The preceding 20 cycles (minimum) shall be conducted 
according to either of the methods in paragraph (c)(1) (i) or (ii) of 
this section.

[54 FR 14568, Apr. 11, 1989]



Sec. 86.1231-96  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. 86.1207-96(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. 86.1207-96 (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 16056, Mar. 24, 1993, as amended at 60 FR 43904, Aug. 23, 1995]



Sec. 86.1232-96  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

[[Page 137]]

with test fuel, as specified in Sec. 86.1213, 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 are 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) Gasoline- and methanol-fueled vehicles shall be soaked for at 
least 6 hours after being refueled. Gaseous-fueled vehicles shall be 
soaked for at 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 driving schedule, 
specified in Sec. 86.1215 and appendix I of this part. Once a test 
vehicle has completed the refueling and vehicle soak steps specified in 
paragraphs (b) and (c) 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) [Reserved]
    (e) The Administrator may choose to conduct additional 
preconditioning to ensure that the evaporative emissions control system 
is stabilized. The additional preconditioning shall consist of an 
initial one hour minimum soak and one, two or three driving cycles of 
the dynamometer driving schedule, 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 for the soak period that follows each driving 
cycle.
    (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. 86.1213, 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) 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. 
86.1213. 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. 86.1213. 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. 86.1230-96, 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

[[Page 138]]

(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.
    (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. 86.1230-96, 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.

[[Page 139]]

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.
    (vii) As soon as the canister reaches breakthrough, the vapor source 
shall be shut off.
    (viii) Reconnect the evaporative 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. 86.1213, 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

[[Page 140]]

the temperature recording system. A heat source, specified in Sec. 
86.1207-90(d), 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. 86.1213, 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 dynamometer run.
    (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. 86.1232-90 and 
86.1233-90, in lieu of the procedures specified in this section.
    (l) Vehicles to be tested for exhaust emissions only shall be 
processed according to Sec. Sec. 86.1235 through 86.1237. Vehicles to 
be tested for evaporative emissions shall be processed in accordance 
with the procedures in Sec. Sec. 86.1233 through 86.1238, starting with 
Sec. 86.1235.
    (m) Vehicles to be tested for evaporative emissions with the 
supplemental two-diurnal test sequence described in Sec. 86.1230-96, 
shall proceed according to Sec. Sec. 86.1235 through 86.1237, followed 
by the supplemental hot soak test (see Sec. 86.1238-96(k)) and the 
supplemental diurnal emission test (see Sec. 86.1233-96(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 Sec. 86.1232-
96(h), Sec. 86.1232-96 (j)(1) and Sec. 86.1232-96 (j)(2), 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 one of the methods outlined in the provisions 
of paragraphs (h), (j)(1), and (j)(2) of this section.

[58 FR 16056, Mar. 24, 1993, as amended at 59 FR 48524, Sept. 21, 1994; 
60 FR 43904, Aug. 23, 1995; 65 FR 59958, Oct. 6, 2000; 70 FR 72928, Dec. 
8, 2005]



Sec. 86.1233-96  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

[[Page 141]]

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. 86.1230-96.
    (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. 86.1238-96(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. 86.1238-96(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 723 [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. 86.1233 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 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. 86.1243. Hydrocarbon emissions may be sampled continuously during 
the test period.
    (6) Analyze the enclosure atmosphere for methanol, if applicable, 
and record.

[[Page 142]]

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. 86.1243. 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. 86.1243. 
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. 
86.1243. 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.
    (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. 86.1230-96.
    (p) For the supplemental two-diurnal test sequence described in 
Sec. 86.1230-96, 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. 86.1238-96(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 16057, Mar. 24, 1993; 59 FR 48524, Sept. 21, 1994, as amended at 
60 FR 43905, Aug. 23, 1995]

[[Page 143]]



Sec. 86.1234-96  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 three driving schedules (see Sec. 86.1215 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. 
86.1228 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. 86.1235-85(c) shall apply.
    (3) Practice runs over the prescribed driving schedule may not be 
performed at test point.
    (4) Provisions of Sec. 86.1235-85 (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.
    (6) Dynamometer roll or shaft revolutions shall be used to determine 
the actual driving distance for the running loss test, DRL, 
required in Sec. 86.1243. The revolutions shall be measured on the same 
roll or shaft used for measuring the vehicle's speed.
    (7) Provisions of Sec. 86.1235-85(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. 86.1236-
85(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. 86.1236-85(b) shall apply.
    (e) Pressure checks. No pressure checks of the evaporative system 
shall be allowed. Under no circumstances

[[Page 144]]

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 953 
[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. 86.1229-
85(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 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. 86.1207-96 
(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. 86.1207-96(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. 86.1243. Hydrocarbon emissions may be 
sampled continuously during the test period.
    (B) Analyze the enclosure atmosphere for methanol, if applicable, 
and

[[Page 145]]

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. 
86.1243. 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. 86.1229. 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. 86.1229. 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 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. 86.1229. 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. 86.1243.
    (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. 86.1243. 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. 86.1207-96(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.

[[Page 146]]

    (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. 86.1235-
85(b) and 86.1207-96(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. 86.1207-96(b).
    (v) Fans shall be positioned as described in Sec. 86.1207-96(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. 86.1207-96(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.
    (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. 86.1243 to calculate the mass of hydrocarbons emitted.
    (xv) At the end of the running loss test, turn off all the fans 
specified in Sec. 86.1207-96(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. 86.1238-96.

[58 FR 16059, Mar. 24, 1993, as amended at 59 FR 48524, Sept. 21, 1994; 
60 FR 43905, Aug. 23, 1995; 65 FR 59958, Oct. 6, 2000; 70 FR 72928, Dec. 
8, 2005]



Sec. 86.1235-96  Dynamometer procedure.

    Section 86.1235-96 includes text that specifies requirements that 
differ from Sec. 86.1235-85. Where a paragraph in Sec. 86.1235-85 is 
identical and applicable to Sec. 86.1235-96, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.1235-85.''

[[Page 147]]

    (a) The dynamometer run consists of one dynamometer driving schedule 
cycle (see Sec. 86.1215 and appendix I of this part) starting not less 
than 12 nor more than 36 hours after completion of the drive specified 
in Sec. 86.1232-96. This run includes engine startup (with all 
accessories turned off) and operation over the driving schedule.
    (b) through (i) [Reserved]. For guidance see Sec. 86.1235-85.

[58 FR 16060, Mar. 24, 1993, as amended at 65 FR 59958, Oct. 6, 2000]



Sec. 86.1236-85  Engine starting and restarting.

    (a) Starting. (1) The engine shall be started (including choke 
operation) according to the manufacturers recommended starting 
procedures in the owner's manual. The initial idle period shall begin 
when the engine starts.
    (2) The operator may use the choke, accelerator pedal, etc., where 
necessary to keep the engine running.
    (3) If the manufacturer's operating instructions in the owner's 
manual do not specify a warm engine starting procedure, the engine shall 
be started by depressing the accelerator pedal about half way and 
cranking the engine until it starts.
    (4) 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 the 
dynamometer run. If failure to start is caused by a vehicle malfunction, 
corrective action of less than 30 minutes duration may be taken, and the 
test continued. 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, and corrective action may be 
taken. The reasons for the malfunction (if determined) and the 
corrective action taken shall be recorded.
    (b) Stalling. (1) If the engine stalls during an idle period, the 
engine shall be restarted immediately and the driving schedule 
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 driving schedule continued. During acceleration 
to this point, shifting shall be performed in accordance with Sec. 
86.1228-85.
    (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 testing. The reason for 
the malfunction (if determined) and the corrective action taken shall be 
recorded.

[48 FR 1456, Jan. 12, 1983, as amended at 58 FR 16060, Mar. 24, 1993]



Sec. 86.1237-85  Dynamometer runs.

    (a) The vehicle shall be either driven or pushed onto the 
dynamometer; however, if driven, the period of engine operation between 
the end of the diurnal loss test and beginning of the hot soak 
preparation run shall not exceed 3 minutes, and the vehicle shall be 
driven at minimum throttle. The dynamometer run shall follow the diurnal 
heat build by not more than one hour. The vehicle shall be stored prior 
to dynamometer operation in such a manner that it is not exposed to 
precipitation (e.g., rain or dew).
    (b) The following steps shall be taken for the dynamometer run:
    (1) Place drive wheels of vehicle on the dynamometer.
    (2) Position the cooling fan(s).
    (3) Attach an exhaust tube to the vehicle tailpipe(s).
    (4) Start the engine.
    (5) Turn on the cooling fan(s).

[[Page 148]]

    (6) Operate the vehicle according to the dynamometer driving 
schedule (Sec. 86.1215-85).
    (7) At the end of the last deceleration, disconnect the exhaust tube 
from the vehicle tailpipe(s) and drive vehicle from the dynamometer.



Sec. 86.1237-96  Dynamometer runs.

    Section 86.1237-96 includes text that specifies requirements that 
differ from Sec. 86.1237-85. Where a paragraph in Sec. 86.1237-85 is 
identical and applicable to Sec. 86.1237-96, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.1237-85.''
    (a) The vehicle shall be either driven or pushed onto the 
dynamometer; however, if driven, the total time of engine operation 
during the 12 to 36 hour soak period shall not exceed 3 minutes, and the 
vehicle shall be driven at minimum throttle. The vehicle shall be stored 
prior to dynamometer operation in such a manner that it is not exposed 
to precipitation (e.g., rain or dew).
    (b) [Reserved]. For guidance see Sec. 86.1235-85.

[58 FR 16061, Mar. 24, 1993]



Sec. 86.1238-96  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. 
86.1207-96(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. 86.1234-
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. 86.1243. 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. 
86.1243. 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

[[Page 149]]

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]
    (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. 86.1243.
    (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. 
86.1243. 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. 
86.1230-96), the hot soak test described in Sec. 86.1238-90 shall be 
conducted immediately following the dynamometer run. This test requires 
ambient temperatures between 68[deg] and 86 [deg]F at all times. The 
equipment and calibration specifications of Sec. Sec. 86.1207-90 and 
86.1207-90 may apply for this testing. Enclosures meeting the 
requirements of Sec. Sec. 86.1207-96 and 86.1217-96 may also be used. 
This hot soak test is followed by two consecutive diurnal heat builds, 
described in Sec. 86.1233-96(p).
    (l) If the vehicle is to be tested for diurnal emissions, follow the 
procedure outlined in Sec. 86.1233-96.

[58 FR 16061, Mar. 24, 1993, as amended at 59 FR 48524, Sept. 21, 1994; 
60 FR 43906, Aug. 23, 1995]



Sec. 86.1242-90  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: ID number; Manufacturer; Model Year; Engine family; 
Evaporative emissions family; Basic engine description (including 
displacement, number of cylinders, and catalyst usage); Engine maximum 
power rating and rated speed; Fuel system

[[Page 150]]

(including number of carburetors, number of carburetor barrels, fuel 
injection type, fuel tank(s) capacity and location, and number and size 
(volume and working capacity)) of evaporative control canisters, Engine 
code; Gross vehicle weight rating; Actual curb weight at zero miles; 
Actual road load at 50 mph; Transmission configuration; Axle ratio; 
Vehicle line; Odometer reading; Idle rpm; and Drive wheel tire pressure, 
as applicable.
    (g) Indicated road load power absorption at 50 mph (80 km/hr) and 
dynamometer serial number. As an alternative to recording the 
dynamometer serial number, a reference to a vehicle test cell number may 
be used, provided the test cell records show the pertinent information.
    (h) All pertinent instrument information such as tuning, gain, 
serial number, detector number and range. As an alternative, a reference 
to a vehicle test cell number may be used, with the advance approval of 
the Administrator, provided test cell calibration records show the 
pertinent instrument information.
    (i) Recorder charts: Identify zero, span and enclosure gas sample 
traces.
    (j) Test cell barometric pressure and ambient temperature.
    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) Fuel temperatures as prescribed.
    (l) 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 concentration of the GC analyses of the test samples 
(methanol).
    (m) 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 hydrocarbons may be reported as a group.
    (n) 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 14570, Apr. 11, 1989, as amended at 59 FR 48524, Sept. 21, 1994; 
60 FR 34363, June 30, 1995]



Sec. 86.1243-96  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] TR06OC93.129
    

Where:

    (A) MCH23OH=Methanol mass change, [micro]g.
    (B) VFn=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]

[[Page 151]]

    (F) ACMS=GC concentration of sample.
    (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] TR06OC93.130
    

Where,

    (A) MHC=Hydrocarbon mass change, g.
    (B) CHC=FID hydrocarbon concentration as ppm carbon 
including FID response to methanol (or methane, as applicable) in the 
sample.
    (C) CCH3OH=Methanol concentration as ppm carbon.
    [GRAPHIC] [TIFF OMITTED] TR06OC93.131
    
    (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. 
86.1207(a)(1)(i), the following simplified form of the hydrocarbon mass 
change equation may be used:
[GRAPHIC] [TIFF OMITTED] TR06OC93.132


[[Page 152]]


    (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:
    [GRAPHIC] [TIFF OMITTED] TR06OC93.133
    

Where,

    (A) MCH3OH=methanol mass change, [micro]g.
    (B) [rho]CH3OH= 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:
    [GRAPHIC] [TIFF OMITTED] TR06OC93.134
    

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.
[GRAPHIC] [TIFF OMITTED] TR06OC93.136

where MDI=mass emissions from the diurnal emission test (see 
Sec. 86.1233), g.
[GRAPHIC] [TIFF OMITTED] TR06OC93.135

where MHS=mass emissions from the hot soak test (see Sec. 
86.1238), g.

[[Page 153]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.137

where MRL=mass emissions from the running loss test (see 
Sec. 86.1234), 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. 
86.1234-96(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. 86.1233-96(p) and 86.1238-96(k), respectively.

[58 FR 16062, Mar. 24, 1993, as amended at 59 FR 48525, Sept. 21, 1994; 
60 FR 34364, June 30, 1995; 60 FR 43906, Aug. 23, 1995]



Sec. 86.1246-96  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. 86.1213, 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 dynamometer driving schedule (specified in Sec. 86.1215 and 
appendix I of this part). The test vehicle may not be used to set the 
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

[[Page 154]]

drive. The average temperature of the dispensed fuel shall be 655 [deg]F (183 [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 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 51 gallons/minute (194 [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 16063, Mar. 24, 1993, as amended at 60 FR 43906, Aug. 23, 1995; 
65 FR 59958, Oct. 6, 2000]



Subpart N_Emission Regulations for New Otto-Cycle and Diesel Heavy-Duty 
        Engines; Gaseous and Particulate Exhaust Test Procedures

    Authority: Secs. 202, 206, 207, 208, 301(a), Clean Air Act as 
amended 42 U.S.C. 7521, 7524, 7541, 7542, and 7601.

    Source: 48 FR 52210, Nov. 16, 1983, unless otherwise noted.



Sec. 86.1301  Scope; applicability.

    This subpart specifies gaseous emission test procedures for Otto-
cycle and diesel heavy-duty engines, and particulate emission test 
procedures for diesel heavy-duty engines, as follows:
    (a) For model years 1990 through 2003, manufacturers must use the 
test procedures specified in Sec. 86.1305-90.
    (b) For model years 2004 through 2009, manufacturers may use the 
test procedures specified in Sec. 86.1305-2004 or Sec. 86.1305-2010. 
For any EPA testing before the 2010 model year, EPA will use the 
manufacturer's selected procedures for mapping engines, generating duty 
cycles, and applying cycle-validation criteria. For any other 
parameters, EPA may conduct testing using either of the specified 
procedures.
    (c) For model years 2010 and later, manufacturers must use the test 
procedures specified in Sec. 86.1305-2010.
    (d) As allowed under subpart A of this part, manufacturers may use 
carryover data from previous model years to demonstrate compliance with 
emission standards, without regard to the provisions of this section.

[70 FR 40438, July 13, 2005]



Sec. 86.1302-84  Definitions.

    The definitions in Sec. 86.084-2 apply to this subpart.



Sec. 86.1303-84  Abbreviations.

    The abbreviations in Sec. 86.084-3 apply to this subpart.



Sec. 86.1304  Section numbering; construction.

    (a) Section numbering. The model year of initial applicability is 
indicated by the section number. The digits following the hyphen 
designate the first

[[Page 155]]

model year for which a section is applicable. The section continues to 
apply to subsequent model years unless a later model year section is 
adopted. (Example: Sec. 86.13xx-2004 applies to the 2004 and subsequent 
model years. If a Sec. 86.13xx-2007 is promulgated it would apply 
beginning with the 2007 model year; Sec. 86.13xx-2004 would apply to 
model years 2004 through 2006.)
    (b) A section reference without a model year suffix refers to the 
section applicable for the appropriate model year.

[65 FR 59958, Oct. 6, 2000. Redesignated and amended at 70 FR 40438, 
July 13, 2005]



Sec. 86.1305-90  Introduction; structure of subpart.

    (a) This subpart describes the equipment required and the procedures 
to follow in order to perform exhaust emission tests on Otto-cycle 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 86.1306 
through 86.1315 set forth specifications and equipment requirements; 
Sec. Sec. 86.1316 through 86.1326 discuss calibration methods and 
frequency; test procedures are listed in Sec. Sec. 86.1327 through 
86.1341; calculation formula are found in Sec. 86.1342; and data 
requirements are found in Sec. 86.1344.

[54 FR 14571, Apr. 11, 1989]



Sec. 86.1305-2004  Introduction; structure of subpart.

    (a) This subpart describes the equipment required and the procedures 
to follow in order to perform exhaust emissions tests on Otto-cycle and 
diesel-cycle heavy duty engines. Subpart A of this part sets forth the 
emission standards and general testing requirements to comply with EPA 
certification procedures.
    (b) This subpart contains five key sets of requirements, as follows: 
specifications and equipment needs (Sec. Sec. 86.1306 through 86.1314); 
calibration methods and frequencies (Sec. Sec. 86.1316 through 
86.1326); test procedures (Sec. Sec. 86.1327 through 86.1341 and 
Sec. Sec. 86.1360 through 86.1380); calculation formulas (Sec. Sec. 
86.1342 and 86.1343); and data requirements (Sec. 86.1344).

[65 FR 59958, Oct. 6, 2000]



Sec. 86.1305-2010  Introduction; structure of subpart.

    (a) This subpart specifies the equipment and procedures for 
performing exhaust-emission tests on Otto-cycle and diesel-cycle heavy-
duty engines. Subpart A of this part sets forth the emission standards 
and general testing requirements to comply with EPA certification 
procedures.
    (b) Use the applicable equipment and procedures for spark-ignition 
or compression-ignition engines in 40 CFR part 1065 to determine whether 
engines meet the duty-cycle emission standards in subpart A of this 
part. Measure the emissions of all regulated pollutants as specified in 
40 CFR part 1065. Use the duty cycles and procedures specified in 
Sec. Sec. 86.1333-2010, 86.1360-2007, and 86.1362-2007. Adjust emission 
results from engines using aftertreatment technology with infrequent 
regeneration events as described in Sec. 86.004-28.
    (c) The provisions in Sec. Sec. 86.1370-2007 and Sec. Sec. 
86.1372-2007 apply for determining whether an engine meets the 
applicable not-to-exceed emission standards.
    (d) Measure smoke using the procedures in subpart I of this part for 
evaluating whether engines meet the smoke standards in subpart A of this 
part.
    (e) Use the fuels specified in 40 CFR part 1065 to perform valid 
tests, as follows:
    (1) For service accumulation, use the test fuel or any commercially 
available fuel that is representative of the fuel that in-use engines 
will use.
    (2) For diesel-fueled engines, use the ultra low-sulfur diesel fuel 
specified in 40 CFR part 1065 for emission testing.
    (f) You may use special or alternate procedures to the extent we 
allow them under 40 CFR 1065.10.
    (g) This subpart applies to you as a manufacturer, and to anyone who 
does testing for you.
    (h) This paragraph (h) describes how testing performed prior to July 
1, 2010 may be conducted using the test procedures of this subpart N 
rather than the

[[Page 156]]

corresponding provisions of 40 CFR part 1065 otherwise required by this 
section. You must use good engineering judgment when testing under this 
paragraph (h), and must comply with the following provisions of 40 CFR 
part 1065:
    (1) Generate a map of your engine according to 40 CFR 
1065.510(b)(5)(ii) and generate test cycles according to 40 CFR 
1065.610. Validate your cycle according to 40 CFR 1065.514.
    (2) Follow the provisions of 40 CFR 1065.342 to verify the 
performance of any sample dryers in your system. Correct your 
measurements according to 40 CFR 1065.659, except use the value of 
Kw in Sec. 1342-90(i) as the value of (1 - 
xH2Oexh) in Equation 1065.659-1.
    (3) Verify your NO2-to-NO converter according to 40 CFR 
1065.378.
    (4) For diesel engine testing, correct NOX emissions for 
intake-air humidity according to 40 CFR 1065.670.
    (5) You must comply with the provisions related to analyzer range 
and drift in 40 CFR 1065.550. If drift correction is required, correct 
your measurements according to 40 CFR 1065.672, but use the emission 
calculations specified in this subpart N rather than those specified in 
40 CFR 1065.650.
    (6) You must comply with 40 CFR 1065.125, 1065.127, and 1065.130, 
except for references to 40 CFR 1065.530(a)(1)(i), 1065.640, and 
1065.655.
    (7) Follow the provisions of 40 CFR 1065.370 to verify the 
performance of your CLD analyzer with respect to CO2 and 
H2O quench. You are not required to follow 40 CFR 
1065.145(d)(2), 1065.248, or 1065.750, which are referenced in 40 CFR 
1065.370.

[70 FR 40438, July 13, 2005, as amended at 73 FR 37192, June 30, 2008; 
73 FR 59178, Oct. 8, 2008]



Sec. 86.1306-07  Equipment required and specifications; overview.

    Section 86.1306-07 includes text that specifies requirements that 
differ from Sec. 86.1306-96. Where a paragraph in Sec. 86.1306-96 is 
identical and applicable to Sec. 86.1306-07, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.1306-96.''.
    (a) and (b) [Reserved]. For guidance see Sec. 86.1306-96.
    (c)(1) Upon request, the Administrator may allow a manufacturer to 
use some of the test equipment allowed for model year 2006 and earlier 
engines instead of the test equipment required for model year 2007 and 
later engines, provided that good engineering judgment indicates that it 
would not adversely affect determination of compliance with the 
applicable emission standards of this part.
    (2) A manufacturer may use the test equipment required for model 
year 2007 and later engines for earlier model year engines, provided 
that good engineering judgment indicates that it would not adversely 
affect determination of compliance with the applicable emission 
standards of this part.
    (d) Approval of alternate test system. (1) If on the basis of the 
information described in paragraph (d)(5) of this section, the 
Administrator determines that an alternate test system would 
consistently and reliably produce emission test results that are at 
least equivalent to the results produced using the test systems 
described in this subpart, he/she shall approve the alternate system for 
optional use instead of the test systems described in this subpart.
    (2) Any person may submit an application for approval of an 
alternate test system.
    (3) In approving an alternate test system, the Administrator may 
approve it for general use, or may approve it conditionally.
    (4) The Administrator may revoke the approval on the basis of new 
information that indicates that the alternate test system is not 
equivalent. However, revocation of approval must allow manufacturers 
sufficient lead-time to change the test system to an approved system. In 
determining the amount of lead-time that is required, the Administrator 
will consider relevant factors such as:
    (i) The ease with which the test system can be converted to an 
approved system.
    (ii) The degree to which the alternate system affects the measured 
emission rates.
    (iii) Any relevant conditions included in the approval.

[[Page 157]]

    (5) The application for approval must include:
    (i) An explanation of the theoretical basis of the alternate system. 
This technical description should explain why the detection principle of 
the alternate system would provide equivalent results to the detection 
principle of the prescribed system for the full range of emission 
properties being measured. This description may include equations, 
figures, and references. For example, a NOX measurement 
application should theoretically relate the alternate detection 
principle to the chemiluminescent detection principle of detecting 
nitric oxide for a typical range of NO to NO2 ratios. A PM 
measurement application should explain the principle(s) by which the 
alternate system quantifies PM mass independent of PM composition, and 
how it is impacted by semi-volatile and volatile species= phase 
distributions. For any proportioning or integrating system, the 
application should compare the alternate system's theoretical response 
to the prescribed system's response.
    (ii) A technical description of the alternate system. This section 
shall detail all of the hardware and software included in the alternate 
system. Dimensioned drawings, flow-charts, schematics, and component 
specifications shall be included. Any data manipulation (i.e. 
calculations) that the system performs shall be presented in this 
section.
    (iii) A description of the procedures used to operate the system 
including the level of training that an operator must have to achieve 
acceptable results. This section of the application shall describe all 
of the installation, calibration, operation, and maintenance procedures 
in a step-by-step format. Note that empirical calibration with respect 
to another prescribed or approved measurement system is not acceptable. 
Calibration should be performed with NIST traceable standards, or 
equivalent national standards. Diagrams, schematics, and other graphics 
may be used to enhance the description.
    (iv) A comparison of results from the alternate system and from the 
prescribed system (or other system approved by the Administrator). The 
two systems must be calibrated independently to NIST traceable standards 
or equivalent national standards for this comparison. While other 
statistical analyses may be acceptable, it is recommended that the 
comparison be based on a minimum of 7 collocated and simultaneous tests. 
This comparison shall be performed over the ``hot-start'' portion of the 
FTP test cycle. If the comparison is paired, it must demonstrate that 
the alternate system passes a two-sided, paired t-test described in this 
paragraph. If the test is unpaired, it must demonstrate that the 
alternate system passes a two-sided, unpaired t-test described in this 
paragraph. Other statistical criteria may be set by the Administrator. 
The average of these tests for the reference system must return results 
less than or equal to the applicable emissions standard. The t-test is 
performed as follows, where ``n'' equals the number of tests:
    (A) Calculate the average of the alternate system results; this is 
Aavg.
    (B) Calculate the average of the results of the system to which the 
alternate system was referenced; this is Ravg.
    (C) For an unpaired comparison, calculate the ``n-1'' standard 
deviation for the alternate and reference averages; these are 
Asd and Rsd respectively. Asd must be 
less than or equal to Rsd. If Asd is greater than 
Rsd, the Administrator will not approve the application.
    (D) For an unpaired comparison, calculate the t-value:

tunpaired = (Aavg-Ravg)/
    ((Asd\2\+Rsd\2\)/n)1/2

    (E) For a paired comparison, calculate the ``n-1'' standard 
deviation (squared) of the differences, di, between the 
paired results, where ``i'' represents the i\th\ test of n number of 
tests:

SD\2\ = (Sdi\2\- ((Sdi)\2\/n))/(n-1)

    (F)(1) For a paired comparison, calculate the t-value:

tpaired = (Aavg-Ravg)/
    (SD\2\/n)1/2

    (2) The absolute value of t must be less than the critical t value, 
tcrit at a 90% confidence interval for ``n-1'' degrees of 
freedom. The following table lists 90% confidence interval 
tcrit values for n-1 degrees of freedom:

[[Page 158]]



------------------------------------------------------------------------
90% Confidence interval critical t values vs. n-1 degrees of freedom for
                       a two-sided, paired t-test
-------------------------------------------------------------------------
                            n -1                                tcrit
------------------------------------------------------------------------
6..........................................................         1.94
7..........................................................         1.89
8..........................................................         1.86
9..........................................................         1.83
10.........................................................         1.81
11.........................................................         1.80
12.........................................................         1.78
13.........................................................         1.77
14.........................................................         1.76
15.........................................................         1.75
16.........................................................         1.75
17.........................................................         1.74
18.........................................................         1.73
19.........................................................         1.73
20.........................................................         1.72
------------------------------------------------------------------------


[66 FR 5168, Jan. 18, 2001]



Sec. 86.1306-96  Equipment required and specifications; overview.

    (a) Exhaust emission tests. All engines subject to this subpart are 
tested for exhaust emissions. Petroleum-, natural gas-, liquefied 
petroleum gas-, and methanol-fueled Otto-cycle and diesel engines are 
tested identically with two exceptions. First, the systems used to 
measure hydrocarbon, nitrogen oxide, methanol, formaldehyde and 
particulate depend on the type of engine being tested; petroleum-fueled 
diesel engines require a heated, continuous hydrocarbon detector and a 
heated, continuous nitrogen oxide detector (see Sec. 86.1310); 
methanol-fueled engines require a heated hydrocarbon detector, a 
methanol detector and a formaldehyde detector; either a heated or non-
heated continuous hydrocarbon detector may be used with natural gas-
fueled and liquefied petroleum gas-fueled diesel engines; gasoline-
fueled, natural gas- fueled, liquefied petroleum gas-fueled and 
methanol-fueled Otto-cycle engines are not tested for particulate 
emissions (see Sec. 86.1309). Second, if a gasoline-fueled and 
methanol-fueled engine is to be used in a vehicle equipped with an 
evaporative canister, the test engine must have a loaded evaporative 
canister attached for the exhaust emission test. Necessary equipment and 
specifications appear in Sec. Sec. 86.1308, 86.1309, 86.1310 and 
86.1311.
    (b) Fuel, analytical gas, and engine cycle specifications. Fuel 
specifications for exhaust emission testing are specified in Sec. 
86.1313. Analytical gases are specified in Sec. 86.1314. The EPA heavy-
duty transient engine cycles for use in exhaust testing are described in 
Sec. 86.1333 and specified in appendix I to this part.

[58 FR 16064, Mar. 24, 1993, as amended at 59 FR 48525, Sept. 21, 1994]



Sec. 86.1308-84  Dynamometer and engine equipment specifications.

    (a) Engine dynamometer. The engine dynamometer system must be 
capable of controlling engine torque and rpm simultaneously over 
transient cycles. The transient torque and rpm schedules described in 
Sec. 86.1333-84 and specified in appendix I ((f)(i), (2), and (3)) must 
be followed within the accuracy requirements specified in Sec. 86.1341-
84. In addition to these general requirements, the engine or dynamometer 
readout signals for speed and torque shall meet the following accuracy 
specifications:
    (1) Engine speed readout shall be accurate to within 2 percent of the absolute standard value, as defined in 
paragraph (d) of this section.
    (2) Engine flywheel torque readout shall be accurate to either 
within 3 percent of the NBS ``true'' value torque 
(as defined in paragraph (e) of this section), or the following 
accuracies:
    (i) 2.5 ft-lbs. of the NBS ``true'' value if 
the full scale value is 550 ft-lbs. or less.
    (ii) 5 ft-lbs. of the NBS ``true'' value if 
the full scale value is 1050 ft-lbs. or less.
    (iii) 10 ft.-lbs., of the NBS ``true'' value 
if the full scale value is greater than 1050 ft.-lbs.
    (3) Option. Internal dynamometer signals (i.e., armature current, 
etc.) may be used for torque measurement provided that it can be shown 
that the engine flywheel torque during the test cycle conforms to the 
accuracy specifications in paragraph (a) of this section. Such a 
measurement system must include compensation for increased or decreased 
flywheel torque due to the armature inertia during accelerations and 
decelerations in the test cycle.
    (b) Cycle verification equipment. In order to verify that the test 
engine has followed the test cycle correctly, the dynamometer or engine 
readout signals for speed and torque must be collected in a manner that 
allows a statistical correlation between the actual engine

[[Page 159]]

performance and the test cycle (See Sec. 86.1341-84). Normally this 
collection process would involve conversion of analog dynamometer or 
engine signals into digital values for storage in a computer. The 
conversion of dynamometer or engine values (computer or other) that are 
used to evaluate the validity of engine performance in relation to the 
test cycle shall be performed in a manner such that:
    (1) Speed values used for cycle evaluation are accurate to within 2 
percent of the dynamometer or engine flywheel torque readout value.
    (2) Engine flywheel torque values used for cycle evaluation are 
accurate to within 2 percent of the dynamometer or engine flywheel 
torque readout value.
    (c) Option. For some systems it may be more convenient to combine 
the tolerances in paragraphs (a) and (b) of this section. This is 
permitted if the root mean square method (RMS) is used. The RMS values 
would then refer to accuracy in relationship to absolute standard or to 
NBS ``true'' values.
    (1) Speed values used for cycle evaluation shall be accurate to 
within 2.8 percent of the absolute standard 
values, as defined in paragraph (d) of this section.
    (2) Engine flywheel torque values used for cycle evaluation shall be 
accurate to within 3.6 percent of NBS ``true'' 
values, as determined in paragraph (e) of this section.
    (d) Speed calibration equipment. A 60-tooth (or greater) wheel in 
combination with a common mode rejection frequency counter is considered 
an absolute standard for engine or dynamometer speed.
    (e) Torque calibration equipment. Two techniques are allowed for 
torque calibration. Alternate techniques may be used if shown to yield 
equivalent accuracies. The NBS ``true'' value torque is defined as the 
torque calculated by taking the product of an NBS traceable weight or 
force and a sufficiently accurate horizontal lever arm distance, 
corrected for the hanging torque of the lever arm.
    (1) The lever-arm dead-weight technique involves the placement of 
known weights at a known horizontal distance from the center of rotation 
of the torque measuring device. The equipment required is:
    (i) Calibration weights. A minimum of six calibration weights for 
each range of torque measuring device used are required. The weights 
must be approximately equally spaced and each must be traceable to NBS 
weights. Laboratories located in foreign countries may certify 
calibration weights to local government bureau standards. Certification 
of weight by state government Bureau of Weights and Measures is 
acceptable. Effects of changes in gravitational constant at the test 
site may be accounted for if desired.
    (ii) Lever arm. A lever arm with a minimum length of 24 inches is 
required. The horizontal distance from the centerline of the engine 
torque measurement device to the point of weight application shall be 
accurate to within 0.10 inches. The arm must be 
balanced, or the hanging torque of the arm must be known to within 
0.1 ft-lbs.
    (2) The transfer technique involves the calibration of a master load 
cell (i.e., dynamometer case load cell). This calibration can be done 
with known calibration weights at known horizontal distances, or by 
using a hydraulically actuated precalibrated master load cell. This 
calibration is then transferred to the flywheel torque measuring device. 
The technique involves the following steps:
    (i) A master load cell shall be either precalibrated or be 
calibrated per paragraph (e)(1)(i) of this section with known weights 
traceable to NBS, and used with the lever arm(s) specified in paragraph 
(e)(2)(ii) of this section. The dynamometer should be either running or 
vibrated during this calibration to minimize static hysteresis.
    (ii) A lever arm(s) with a minimum length of 24 inches is (are) 
required. The horizontal distances from the centerline of the master 
load cell, to the centerline of the dynamometer, and to the point of 
weight or force application shall be accurate to within 0.10 inches. The arm(s) must be balanced or the net 
hanging torque of the arm(s) must be known to within 0.1 ft.-lbs.
    (iii) Transfer of calibration from the case or master load cell to 
the flywheel

[[Page 160]]

torque measuring device shall be performed with the dynamometer 
operating at a constant speed. The flywheel torque measurement device 
readout shall be calibrated to the master load cell torque readout at a 
minimum of six loads approximately equally spaced across the full useful 
ranges of both measurement devices. (Note that good engineering practice 
requires that both devices have approximately equal useful ranges of 
torque measurement.) The transfer calibration shall be performed in a 
manner such that the accuracy requirements of paragraph (a)(2) of this 
section for the flywheel torque measurement device readout be met or 
exceeded.
    (3) Other techniques may be used if shown to yield equivalent 
accuracy.
    (f) Diesel engines only. If direct measurement of mass fuel 
consumption is chosen as an option in lieu of dilute exhaust 
CO2 measurement, the fuel measurement device shall be 
accurate to within 2 percent of actual mass fuel 
flow.

[48 FR 52210, Nov. 16, 1983, as amended at 49 FR 48142, Dec. 10, 1984; 
52 FR 47870, Dec. 16, 1987]



Sec. 86.1309-90  Exhaust gas sampling system; Otto-cycle and non-petroleum-

fueled engines.

    (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 gasoline-fueled, natural gas-fueled, liquefied 
petroleum gas-fueled or methanol-fueled engines. 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) Engine exhaust to CVS duct. For methanol-fueled engines, 
reactions of the exhaust gases in the exhaust duct connected to the 
dilution tunnel (for the purposes of this paragraph, the exhaust duct 
excludes the length of pipe representative of the vehicle exhaust pipe) 
shall be minimized. This may be accomplished by:
    (i) Using a duct of unrestricted length maintained at a temperature 
below 599 [deg]F (315 [deg]C). (Cooling capabilities as required); or
    (ii) Using a 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
    (iii) Omitting the duct and performing the exhaust gas dilution 
function at the engine exhaust manifold, immediately after exhaust 
aftertreatment systems, or after a length of pipe representative of the 
vehicle exhaust pipe; or
    (iv) Partial dilution of the exhaust gas prior to entering the 
dilution tunnel, which lowers the duct temperature below 599 [deg]F (315 
[deg]C).
    (3) Positive displacement pump. The Positive Displacement Pump 
Constant Volume Sampler (PDP-CVS), Figure N90-1 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, the methanol sample (Figure N90-2), and the formaldehyde 
sample (Figure N90-3), as applicable are achieved by sampling at a 
constant flow rate. For methanol-fueled engines, the sample lines for 
the methanol and formaldehyde samples are heated to prevent 
condensation. (Note: For 1990 through 1994 model year methanol-fueled 
engines, methanol and formaldehyde sampling may be omitted provided the 
bag sample (hydrocarbons and methanol) is analyzed using a HFID 
calibrated with methanol.)

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[[Page 162]]


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[[Page 163]]


[GRAPHIC] [TIFF OMITTED] TR06OC93.189

    (4) Critical flow venturi. The operation of the Critical Flow 
Venturi Constant Volume Sampler (CFV-CVS), Figure N90-4 is based upon 
the principles of fluid dynamics associated with critical flow. The CFV 
system is commonly called a constant volume system (CVS) even though the 
flow varies. It would

[[Page 164]]

be more proper to call the critical flow venturi (CFV) system a constant 
proportion sampling system since proportional sampling throughout 
temperature excursions is maintained by use of a small CFVs in the 
sample lines. For engines requiring measurement of methanol and/or 
formaldehyde, 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 lines for the methanol and 
formaldehyde samples are heated to prevent condensation with care being 
taken to ensure that the CFVs of the sample probes are not heated. 
(Note: For 1990 through 1994 model year methanol-fueled engines, 
methanol and formaldehyde sampling may be omitted provided the bag 
sample (hydrocarbons and methanol) is analyzed using a HFID calibrated 
with methanol. The variable mixture flow rate is maintained at choked 
flow, which 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.)

[[Page 165]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.190

    (5) Electronic Flow Control. The Electronic Flow Control Critical 
Flow Venturi Constant Volume Sampler (EFC-CFV-CVS) is identical to the 
CFV-CVS system, except that it uses electronic mass flow meters to 
maintain proportional sampling for methanol and

[[Page 166]]

formaldehyde. The flow rate of the exhaust plus dilution air and the 
sample flow rate are measured electronically. Proportionality is 
maintained by electronically controlled metering valves in the methanol 
and formaldehyde sample lines. Control of the valves is based on the 
electronic response of the flow meters. It is recommended that total 
flow sample volumes be measured by separate flow meters. For methanol-
fueled engines, 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 sample lines for methanol and 
for formaldehyde may both draw samples from a single static probe. The 
lines for the methanol and formaldehyde samples are heated to prevent 
condensation.
    (6) Other systems. Other sampling and/or analytical systems 
including the systems described in Sec. 86.1310 for petroleum-fueled 
diesel engines may be used if shown to yield equivalent results, and if 
approved in advance by the Administrator.
    (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. Other components such as snubbers, 
which are not needed to maintain accuracy on some systems, may be 
excluded if their exclusion is based upon good engineering judgment.
    (b) Component description, PDP-CVS. The PDP-CVS, Figure N90-1, 
consists of a dilution air filter and mixing assembly, heat exchanger, 
positive displacement pump, sampling systems (see Figure N90-2 for 
methanol sampling system and Figure N90-3 for formaldehyde sampling 
system) including sampling lines which are heated to prevent 
condensation in the case of the methanol-fueled engine, and associated 
valves, pressure and temperature sensors. The temperature of the sample 
lines shall be more than 5 [deg]F (3 [deg]C) above the maximum dew point 
of the mixture and less than 250 [deg]F (121 [deg]C). (It is recommended 
the they be maintained at 235 15 [deg]F (113 
8 [deg]C)). 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. 
The PDP-CVS shall conform to the following requirements:
    (1) Exhaust system backpressure must not be artificially lowered by 
the CVS or dilution air inlet system. Measurements to verify this should 
be made in the raw exhaust immediately upstream of the inlet to the CVS. 
(For diesel engines, this measurement should be made immediately 
upstream of the backpressure set device.) This verification requires the 
continuous measurement and comparison of raw exhaust static pressure 
observed during a transient cycle, both with and without the operating 
CVS. Static pressure measured with the operating CVS system shall remain 
within 5 inches of water (1.2 kPa) of the static 
pressure measured without connection to the CVS, at identical moments in 
the test cycle. (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.) This requirement is essentially a design 
specification for the CVS/dilution air inlet system, and should be 
performed as often as good engineering practice dictates (e.g., after 
installation of an uncharacterized CVS, addition of an unknown inlet 
restriction on the dilution air, etc.).
    (2) The gas mixture temperature, measured at a point immediately 
ahead of the positive displacement pump and after the heat exchanger, 
shall be maintained within 10 [deg]F (5.6 [deg]C) of the average operating temperature 
observed during the test. (The average operating temperature may be 
estimated from the average operating temperature from similar tests.) 
The temperature measuring system (sensors and readout) shall have an 
accuracy and precision of 3.4 [deg]F (1.9 [deg]C).
    (3) The pressure gauges shall have an accuracy and precision of 
3 mm Hg (0.4 kPa).
    (4) The flow capacity of the CVS shall be large enough to eliminate 
water

[[Page 167]]

condensation in the system. This is especially critical for methanol-
fueled engines and may also be of concern with natural gas- and 
liquefied petroleum gas-fueled engines; see ``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 is also allowed, provided:
    (i) The air (or air plus exhaust gas) temperature does not exceed 
250 [deg]F, or 125 [deg]F if particulate emissions are measured;
    (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 (where 
applicable).
    (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 
engine 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.
    (ii) The formaldehyde system shall be designed such that, if a test 
engine emitted formaldehyde at a rate equal to twenty percent of the 
maximum allowable level of THCE (i.e., 0.2 g/Bhp-hr for a 1.1 g/Bhp-hr 
THCE 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.
    (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. Sampling systems shall be identical for all phases.
    (c) Component description, CFV. The CFV sample system, Figure N90-4, 
consists of a dilution air filter (optional) and mixing assembly, 
cyclone particulate separator (optional), unheated sampling venturies 
for the bag, methanol and formaldehyde samples, as applicable, heated 
sample lines to prevent condensation in the case of the methanol-fueled 
engine, critical flow venturi, and associated valves, pressure and 
temperature sensors. The temperature of the sample lines shall be more 
than 5 [deg]F (3 [deg]C) above the maximum dew point of the mixture and 
less than 250 [deg]F (121 [deg]C). (It is recommended the they be 
maintained at 235 15 [deg]F (113 8 [deg]C)). 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. The CFV sample 
system shall conform to the following requirements:
    (1) Static pressure variations in the raw exhaust shall conform to 
the specifications detailed in paragraph (b)(1) of this section.
    (2) The temperature measuring system (sensors and readout) shall 
have an accuracy and precision of 3.4 [deg]F 
(1.9 [deg]C). The temperature measuring system 
used in a CVS without a heat exchanger shall have a response time of 
1.50 seconds to 62.5 percent of a temperature change (as measured in hot 
silicone oil). There is no response time

[[Page 168]]

requirement for a CVS equipped with a heat exchanger.
    (3) The pressure measuring system (sensors and readout) shall have 
an accuracy and precision of 3 mm Hg (0.4 kPa).
    (4) The flow capacity of the CVS shall be large enough to eliminate 
water condensation in the system. This is especially critical for 
methanol-fueled engines and may also be of concern with natural gas- and 
liquefied petroleum gas-fueled engines; see ``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 is also allowed, provided:
    (i) The air (or air plus exhaust gas) temperature does not exceed 
250 [deg]F, or 125 [deg]F if particulate emissions are measured.
    (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 (where 
applicable).
    (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 CFV. 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 
engine 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.
    (ii) The formaldehyde system shall be designed such that, if a test 
engine emitted formaldehyde at a rate equal to twenty percent of the 
maximum allowable level of THCE (i.e., 0.2 g/Bhp-hr for a 1.1 g/Bhp-hr 
THCE 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.
    (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. Sampling systems shall be identical for all phases of the 
test.
    (d) Component description, EFC-CFV. The EFC-CFV sample system, is 
identical to the CFV system described in paragraph (c) of this section, 
with the addition of electronic flow controllers, metering valves, 
separate flow meters to totalize sample flow volumes (optional), for 
methanol and formaldehyde samples. Both samples may be drawn from a 
single static probe. The EFC sample system shall conform to the 
following requirements:
    (1) All of the requirements of paragraph (c) of this section.
    (2) The ratio of sample flow to CVS flow must not vary by more 
5 percent from the setpoint of the test.
    (3) The sample flow totalizers shall meet the accuracy 
specifications of Sec. 86.1320. Total sample flow volumes may be 
obtained from the flow controllers, with advance approval of the 
Administrator, provided that they can be shown to meet the accuracy 
specifications of Sec. 86.1320.

[54 FR 14572, Apr. 11, 1989, as amended at 59 FR 48525, Sept. 21, 1994; 
60 FR 34364, June 30, 1995; 66 FR 5169, Jan. 18, 2001]

[[Page 169]]



Sec. 86.1310-90  Exhaust gas sampling and analytical system; diesel engines.

    (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 petroleum-fueled, natural gas-
fueled, liquefied petroleum gas-fueled and methanol-fueled heavy-duty 
diesel engines. This system utilizes the CVS concept (described in Sec. 
86.1309) of measuring the combined mass emissions of HC, 
CH3OH and HCHO from methanol-fueled engines and CO, 
CO2 and particulate from all fuel types. A continuously 
integrated system is required for THC (petroleum-fueled, natural gas-
fueled, and liquefied petroleum gas-fueled engines) and NOX 
(all engines) measurement, and is allowed for all CO and CO2 
measurements plus the combined emissions of CH3OH, HCHO, and 
HC from methanol-fueled engines. Where applicable, separate sampling 
systems are required for methanol and for formaldehyde. 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 sample flow and total flow over the test period. As an option, 
the measurement of total fuel mass consumed over a cycle may be 
substituted for the exhaust measurement of CO2. General 
requirements are as follows:
    (1) This sampling system requires the use of a PDP-CVS and a heat 
exchanger, a CFV-CVS (or an EFC-CFV-CVS) with either a heat exchanger or 
electronic flow compensation. Figure N90-5 is a schematic drawing of the 
PDP system. Figure N90-6 is a schematic drawing of the CFV-CVS system.

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[[Page 171]]


[GRAPHIC] [TIFF OMITTED] TR06OC93.192

    (2) The HC analytical system for petroleum-fueled diesel engines 
requires a heated flame ionization detector (HFID) and heated sample 
system (375 20 [deg]F (191 11 [deg]C)). For natural gas-fueled and liquefied 
petroleum gas-fueled diesel engines either a heated flame ionization 
detector and heated sample system as required for petroleum fuel or a 
non-heated flame ionization detector may be used.
    (3) Methanol-fueled engines require the use of a heated flame 
ionization detector (HFID) (235[deg]15 [deg]F 
(113[deg]8 [deg]C)) for hydrocarbon analysis. With 
a heated FID, the hydrocarbon analysis can be made on the bag sample and 
the methanol and formaldehyde analyses are

[[Page 172]]

performed on the samples collected for these purposes (Figures N90-2 and 
N90-3).
    Note: For 1990 through 1994 model year methanol-fueled engines, 
methanol and formaldehyde sampling may be omitted provided the 
hydrocarbon plus methanol analyses are performed using a FID calibrated 
on methanol.
    (4) For methanol-fueled engines, cooling or reaction of the exhaust 
gases in the exhaust duct connected to the dilution tunnel (for the 
purposes of this paragraph, the exhaust duct excludes the length of pipe 
representative of the vehicle exhaust pipe) shall be minimized. This may 
be accomplished by:
    (i) Using a duct of unrestricted length maintained at a temperature 
below 599 [deg]F (315 [deg]C). (Heating and possibly cooling 
capabilities as required); or
    (ii) Using a 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
    (iii) Omitting the duct and performing the exhaust gas dilution 
function at the engine exhaust manifold or immediately after exhaust 
aftertreatment systems, or after a length of pipe representative of the 
vehicle exhaust pipe; or
    (iv) Partial dilution of the exhaust gas prior to entering the 
dilution tunnel, which lowers the duct temperature below 599 [deg]F (315 
[deg]C).
    (5) Heated sample lines are required for the methanol and 
formaldehyde samples (care must be taken to prevent heating of the 
sample probes unless compensation for varying flow rate is made). The 
sample collection lines shall be heated to a temperature more than 5 
[deg]F (3 [deg]C) above the maximum dew point of the mixture, but below 
250 [deg]F (121 [deg]C).
    (6) The CO and CO2 analytical system requires:
    (i) Bag sampling (Sec. 86.1309) and analytical (Sec. 86.1311) 
capabilities, as shown in Figure N90-5 (or Figure N90-6), or
    (ii) Continuously integrated measurement of diluted CO and 
CO2 meeting the minimum requirements and technical 
specifications contained in paragraph (b)(5) of this section. Unless 
compensation for varying flow is made, a constant flow system must be 
used to ensure a representative sample.
    (7) The NOX analytical system requires a continuously 
integrated measurement of diluted NOX meeting the minimum 
requirements and technical specifications contained in paragraph (b)(5) 
of this section. Unless compensation for varying flow is made, a 
constant flow system must be used to ensure a representative sample.
    (8) The mass of particulate in the exhaust is determined via 
filtration. The particulate sampling system requires dilution of the 
exhaust in either one or two steps to a temperature never greater than 
125 [deg]F (51.7 [deg]C) at the primary sample filter. A backup filter 
provides a confirmation of sufficient filtering efficiency.
    (9) 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. Other components, such as snubbers, 
which are not needed to maintain accuracy on some systems, may be 
excluded if their exclusion is based upon good engineering judgment.
    (10) Other sampling and/or analytical systems may be used if shown 
to yield equivalent results and if approved in advance by the 
Administrator.
    (b) Component description. The components necessary for exhaust 
sampling shall meet the following requirements:
    (1) Exhaust dilution system. The PDP-CVS shall conform to all of the 
requirements listed for the exhaust gas PDP-CVS in Sec. 86.1309(b). The 
CFV-CVS shall conform to all of the requirements listed for the exhaust 
gas CFV-CVS in Sec. 86.1309(c). The EFC-CFV-CVS shall conform to all of 
the requirements listed for the exhaust gas EFC-CVS in Sec. 86.1309(d). 
In addition, the CFV-CVS and EFC-CFV-CVS must conform to the following 
requirements:
    (i) The flow capacity of the CVS must be sufficient to maintain the 
diluted exhaust stream at or below the temperatures required for the 
measurement of particulate and hydrocarbon emission noted below and at, 
or above, the temperatures where condensation

[[Page 173]]

of water in the exhaust gases could occur. This may be achieved by 
either of the following two methods:
    (A) Single-dilution method. The flow capacity of the CVS must be 
sufficient to maintain the diluted exhaust stream at a temperature of 
125 [deg]F (51.7 [deg]C) or less, at the sampling zone in the primary 
dilution tunnel and as required to prevent condensation at any point in 
the dilution tunnel. Direct sampling of the particulate material may 
then take place (Figure N90-5).
    (B) Double-dilution method. The flow capacity of the CVS must be 
sufficient to maintain the diluted exhaust stream in the primary 
dilution tunnel at a temperature of 375 [deg]F (191 [deg]C) (250 [deg]F 
(121 [deg]C) for methanol fueled engines) or less at the sampling zone 
and as required to prevent condensation at any point in the dilution 
tunnel. Gaseous emission samples may be taken directly from this 
sampling point. An exhaust sample must then be taken at this point to be 
diluted a second time for use in determining particulate emissions. The 
secondary dilution system must provide sufficient secondary dilution air 
to maintain the double-diluted exhaust stream at a temperature of 125 
[deg]F (51.7 [deg]C) or less immediately before the primary particulate 
filter in the secondary dilution tunnel.
    (ii) For the CFV-CVS or EFC-CFV-CVS, either a heat exchanger or 
electronic flow compensation (which also includes the particulate sample 
flows) is required (see Figure N90-6).
    (iii) For the CFV-CVS or EFC-CFV-CVS when 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 average operating 
temperature observed during the test with the simultaneous requirement 
that condensation does not occur. The temperature measuring 
system(sensors and readout) shall have an accuracy and precision of 
3.4 [deg]F (1.9 [deg]C). For systems utilizing a 
flow compensator to maintain proportional sampling, the requirement for 
maintaining constant temperature is not necessary.
    (iv) The primary dilution air and secondary dilution air (if 
applicable):
    (A) Shall have a temperature of 77[deg]9 
[deg]F (25[deg]5 [deg]C). For the first l0 seconds 
this specification is 77[deg]20 [deg]F 
(25[deg]11 [deg]C).
    (B) May be filtered at the dilution air inlet.
    (C) Primary dilution air may be sampled to determine background 
particulate levels, which can then be subtracted from the values 
measured in the diluted exhaust stream. The primary dilution air shall 
be sampled at the inlet to the primary dilution tunnel, if unfiltered, 
or downstream of any primary dilution air conditioning devices, if used.
    (2) [Reserved]
    (3) Continuous HC measurement system. (i) The continuous HC sample 
system (as shown in Figure N90-7 or N90-8) uses 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.

[[Page 174]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.193


[[Page 175]]


[GRAPHIC] [TIFF OMITTED] TR06OC93.194

    (ii) No other analyzers may draw a sample from the continuous HC 
sample 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 percent 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.
    (v) The continuous HC sampling system shall consist of a probe 
(which must raise the sample to the specified temperature) and, where 
used, a sample transfer system (which must maintain

[[Page 176]]

the specified temperature). The continuous hydrocarbon sampling system 
(exclusive of the probe) shall:
    (A) Maintain a wall temperature of 464K 11K 
(191 [deg]C 11 [deg]C) as measured at every 
separately controlled heated component (i.e., filters, heated line 
sections), using permanent thermocouples located at each of the separate 
components.
    (B) Have a wall temperature of 464K 11K (191 
[deg]C 11 [deg]C) over its entire length. The 
temperature of the system shall be demonstrated by profiling the thermal 
characteristics of the system at initial installation and after any 
major maintenance performed on the system. The temperature profile of 
the HC sampling system shall be demonstrated by inserting thermocouple 
wires (typically Teflon [reg] coated for ease of insertion) 
into the sampling system assembled in-situ where possible, using good 
engineering judgement. The wire should be inserted up to the HFID inlet. 
Stabilize the sampling system heaters at normal operating temperatures. 
Withdraw the wires in increments of 5 cm to 10 cm (2 inches to 4 inches) 
including all fittings. Record the stabilized temperature at each 
position. The system temperature will be monitored during testing at the 
locations and temperature described in Sec. 86.1310-90(b)(v)(A). 
Comment: It is understood that profiling of the sample line can be done 
under flowing conditions also as required with the probe.
    (C) Maintain a gas temperature of 464K 11K 
(191 [deg]C 11 [deg]C) immediately before the 
heated filter and HFID. These gas temperatures will be determined by a 
temperature sensor located immediately upstream of each component.
    (vi) The continuous hydrocarbon sampling probe shall:
    (A) Be defined as the first 25.4 cm (10 in) to 76.2 cm (30 in) of 
the continuous hydrocarbon sampling system.
    (B) Have a 0.483 cm (0.19 in) minimum inside diameter.
    (C) Be installed in the primary dilution tunnel at a point where the 
dilution air and exhaust are well mixed (i.e., approximately 10 tunnel 
diameters downstream of the point where the exhaust enters the dilution 
tunnel).
    (D) Be sufficiently distant (radially) from other probes and the 
tunnel wall so as to be free from the influence of any wakes or eddies.
    (E) Increase the gas stream temperature to 464K 11K (191 [deg]C 11 [deg]C) by the 
exit of the probe. The ability of the probe to accomplish this shall be 
demonstrated at typical sample flow rates using the insertion 
thermocouple technique at initial installation and after any major 
maintenance. Compliance with the temperature specification shall be 
demonstrated by monitoring during each test the temperature of either 
the gas stream or the wall of the sample probe at its terminus.
    (vii) The response time of the continuous measurement system shall 
be no greater than:
    (A) 1.5 seconds from an instantaneous step change at the port 
entrance to the analyzer to within 90 percent of the step change.
    (B) 20 seconds from an instantaneous step change at the entrance to 
the sample probe or overflow span gas port to within 90 percent of the 
step change. Analysis system response time shall be coordinated with CVS 
flow fluctuations and sampling time/test cycle offsets if necessary.
    (C) For the purpose of verification of response times, the step 
change shall be at least 60 percent of full-scale chart deflection.
    (4) Primary-dilution tunnel. (i) The primary dilution tunnel shall 
be:
    (A) Small enough in diameter to cause turbulent flow (Reynolds 
Number greater than 4000) and of sufficient length to cause complete 
mixing of the exhaust and dilution air;
    (B) At least 18 inches (46 cm) in diameter with a single-dilution 
system or at least 8 inches (20 cm) in diameter with a double-dilution 
system;
    (C) Constructed of electrically conductive material which does not 
react with the exhaust components; and
    (D) Electrically grounded.
    (ii) The temperature of the diluted exhaust stream inside of the 
primary dilution tunnel shall be sufficient to prevent water 
condensation.
    (iii) The engine exhaust shall be directed downstream at the point 
where it is introduced into the primary dilution tunnel.

[[Page 177]]

    (5) Continuously integrated NOX, CO, and CO2 measurement systems. 
(i) The sample probe shall:
    (A) Be in the same plane as the continuous HC probe, but shall be 
sufficiently distant (radially) from other probes and the tunnel wall so 
as to be free from the influences of any wakes or eddies.
    (B) Heated and insulated over the entire length, to prevent water 
condensation, to a minimum temperature of 131 [deg]F (55 [deg]C). Sample 
gas temperature immediately before the first filter in the system shall 
be at least 131 [deg]F (55 [deg]C).
    (ii) The continuous NOX, CO, or CO2 sampling 
and analysis system shall conform to the specifications of 40 CFR part 
86, subpart D, with the following exceptions and revisions:
    (A) The system components required to be heated by subpart D need 
only be heated to prevent water condensation, the minimum component 
temperature shall be 131 [deg]F (55 [deg]C).
    (B) The system response defined in Sec. 86.329-79 shall be no 
greater than 20 seconds. Analysis system response time shall be 
coordinated with CVS flow fluctuations and sampling time/test cycle 
offsets, if necessary.
    (C) Alternative NOX measurement techniques outlined in 
Sec. 86.346-79 are not permitted for NOX measurement in this 
subpart.
    (D) All analytical gases shall conform to the specifications of 
Sec. 86.1314.
    (E) Any range on a linear analyzer below 155 ppm shall have and use 
a calibration curve conforming to Sec. 86.330-79.
    (F) The measurement accuracy requirements specified in Sec. 86.338-
79 are superseded by those specified in Sec. 86.1338.
    (iii) The chart deflections or voltage output of analyzers with non-
linear calibration curves shall be converted to concentration values by 
the calibration curve(s) specified in subpart D (Sec. 86.330-79) before 
flow correction (if used) and subsequent integration takes place.
    (6) Particulate sampling system. The particulate collection system 
must be configured in either of two ways. The single-dilution method 
collects a proportional sample from the primary tunnel, and then passes 
this sample through the collection filter. The double-dilution method 
collects a proportional sample from the primary tunnel, and then 
transfers this sample to a secondary dilution tunnel where the sample is 
further diluted; the double-diluted sample is then passed through the 
collection filter. Proportionality (i.e., mass flow ratio) between the 
primary tunnel flow rate and the sample flow rate must be maintained 
within 5 percent. The requirements for these two 
systems are:
    (i) Single dilution method. (A) The particulate sample probe shall 
be:
    (1) Installed facing upstream at a point where the dilution air and 
exhaust air are well mixed (i.e., on the primary tunnel centerline, 
approximately 10 tunnel diameters downstream of the point where the 
exhaust enters the primary dilution tunnel).
    (2) Sufficiently distant (radially) from other sampling probes so as 
to be free from the influence of any wakes or eddies produced by the 
other probes.
    (3) 0.5 in. (1.3 cm) minimum inside diameter.
    (4) The distance from the sampling tip to the filter holder shall be 
at least 5 probe diameters for filters located inside the primary 
dilution tunnel, and not more than 40 inches (102 cm) for filters 
located outside the primary dilution tunnel.
    (5) Designed to minimize the deposition of particulate in the probe 
(i.e., bends should be as gradual as possible, protrusions (due to 
sensors, etc.) should be smooth and not sudden, etc.).
    (B) The particulate sample pump(s) shall be located sufficiently 
distant from the dilution tunnel so that the inlet gas temperature is 
maintained at a constant temperature (5 [deg]F 
(2.8 [deg]C)) if flow compensation is not used.
    (C) The gas meters or flow instrumentation shall be located 
sufficiently distant from the tunnel so that the inlet gas temperature 
remains constant (5 [deg]F (2.8 [deg]C)) if flow compensation is not used.
    (D) Other sample flow handling and/or measurement systems may be 
used if shown to yield equivalent results and if approved in advance by 
the Administrator.
    (ii) Double-dilution method. (A) The particulate sample transfer 
tube shall be configured and installed so that:

[[Page 178]]

    (1) The inlet faces upstream in the primary dilution tunnel at a 
point where the primary dilution air and exhaust are well mixed (i.e., 
on the primary tunnel centerline, approximately 10 tunnel diameters 
downstream of the point where the exhaust enters the primary dilution 
tunnel).
    (2) The particulate sample exits on the centerline of the secondary 
tunnel and points downstream.
    (B) The particulate sample transfer tube shall be:
    (1) Sufficiently distant (radially) from other sampling probes (in 
the primary dilution tunnel) so as to be free from the influence of any 
wakes or eddies produced by the other probes.
    (2) 0.5 in (1.3 cm) minimum inside diameter.
    (3) No longer than 36 in (91 cm) from inlet plane to exit plane.
    (4) Designed to minimize the deposition of particulate during 
transfer (i.e., bends should be as gradual as possible, protrusions (due 
to sensors, etc.) should be smooth and not sudden, etc.).
    (5) Constructed of electrically conductive material which does not 
react with the exhaust components, and electrically grounded.
    (C) The secondary dilution air shall be at a temperature of 
77[deg]9 [deg]F (25[deg]5 
[deg]C). For the first 10 seconds this specification is 77[deg]20 [deg]F (25[deg]11 [deg]C).
    (D) The secondary-dilution tunnel shall be:
    (1) 3.0 inches (7.6 cm) minimum inside diameter.
    (2) Of sufficient length so as to provide a residence time of at 
least 0.25 seconds for the double-diluted sample.
    (3) Constructed of electrically conductive material which does not 
react with the exhaust components, and electrically grounded.
    (E) Additional dilution air must be provided so as to maintain a 
sample temperature of 125 [deg]F (51.7 [deg]C) or less immediately 
before the primary sample filter.
    (F) The primary filter holder shall be located within 12.0 in (30.5 
cm) of the exit of the secondary dilution tunnel.
    (G) Other sample flow handling and/or measurement systems may be 
used if shown to yield equivalent results and if approved in advance by 
the Administrator.
    (7) Particulate sampling filters. (i) Fluorocarbon-coated glass 
fiber filters or fluorocarbon-based (membrane) filters are required.
    (ii) Particulate filters must have a minimum diameter of 70 mm (60 
mm stain diameter). Larger diameter filters are acceptable.
    (iii) The dilute exhaust will be simultaneously sampled by a pair of 
filters (one primary and one back-up filter) during the cold-start test 
and by a second pair of filters during the hot-start test. The back-up 
filter holder shall be located no more than 4 inches (10 cm) downstream 
of the primary filter holder. The primary and back-up filters shall not 
be in contact with each other.
    (iv) It is recommended that the filter loading should be maximized 
consistent with other temperature requirements and the requirement to 
avoid moisture condensation. A filter pair loading of 1 mg is typically 
proportional to a 0.1 g/bhp-hr emission level. All particulate filters, 
reference filters, and background filters shall be handled in pairs 
during all weighing operations for emissions testing.
    (8) Methanol sampling system. The methanol sampling system, shown in 
Figure N90-2, consists of impingers (or sample collection capsules) 
containing known volumes of deionized water and sampling pump to draw 
the proportional sample through the impingers.
    (9) Formaldehyde sampling system. The formaldehyde sampling system, 
Figure N90-3, consists of sample collection impingers and sampling pump 
to draw the proportional sample through the impingers.

[54 FR 14578, Apr. 11, 1989, as amended at 59 FR 48525, Sept. 21, 1994; 
60 FR 34370, June 30, 1995; 62 FR 47124, Sept. 5, 1997]



Sec. 86.1310-2007  Exhaust gas sampling and analytical system for gaseous 

emissions from heavy-duty diesel-fueled engines and particulate emissions from 

all engines.

    (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 heavy-duty diesel engines, and 
particulate emissions in the exhaust of all heavy-duty engines.

[[Page 179]]

(Gaseous emissions from non-petroleum-fueled diesel engines are measured 
using the system described in Sec. 86.1309.) This system utilizes the 
CVS concept (described in Sec. 86.1309) of measuring the combined mass 
emissions of THC, NOX, CH4 (if applicable) CO, 
CO2 and particulate matter. For all emission measurement 
systems described in this section, multiple or redundant systems may be 
used during a single test. Statistical averages of data from multiple 
systems may be used to calculate test results, consistent with good 
engineering judgment. Weighted averages are allowed, where appropriate 
Statistical outliers may be discarded, but all results must be reported. 
If the Administrator determines that the statistical analysis is not 
consistent with good engineering judgment, he/she may determine 
compliance from the arithmetic mean of the results. A continuously 
integrated system may be used for THC, NOX , CO and 
CO2 measurement. The use of proportional bag sampling for 
sample integration is allowed for THC, NOX, CO, and 
CO2 measurement, but requirements specific to bag sampling 
from diesel exhaust must be met for the THC and NOX emissions 
measurements. CH4 measurement for calculation of NMHC (if 
applicable) is measured using GC-FID analysis of a proportional bag 
sample. 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 sample flow and total flow over the 
test period. As an option, the measurement of total fuel mass consumed 
over a cycle may be substituted for the exhaust measurement of 
CO2. General requirements are as follows:
    (1) This sampling system requires the use of a CVS The CVS system 
may use a PDP or a CFV. PDP systems must use a heat exchanger. CFV 
systems may use either a heat exchanger or electronic flow compensation. 
When electronic flow compensation is used, the CFV may be replaced by a 
subsonic venturi (SSV) as long as the CVS concept as defined in Sec. 
86.1309 is maintained (i.e., a constant volumetric flow-rate through the 
CVS is maintained for the duration of the test). Figure N07-1 is a 
schematic drawing of the CVS system.
    (2) The THC analytical system for diesel engines requires a heated 
flame ionization detector (HFID) and heated sample system (191 11 [deg]C) using either:
    (i) Continuously integrated measurement of diluted THC meeting the 
minimum requirements and technical specifications contained in paragraph 
(b)(3) of this section. Unless compensation for varying mass flow is 
made, a constant mass flow system must be used to ensure a proportional 
sample; or
    (ii) Heated (191 11 [deg]C) proportional bag 
sampling systems for hydrocarbon measurement will be allowed if the bag 
sampling system meets the performance specifications for outgassing and 
permeability as defined in paragraph (b)(2) of this section.
    (3) CH4 measurement, if applicable, shall be conducted 
using a proportional bag sampling system with subsequent analysis using 
a gas chromatograph and FID. The CH4 measurement shall be 
done in accordance with SAE Recommended Practice J1151, ``Methane 
Measurement Using Gas Chromatography'' (1994 SAE Handbook, Volume 1: 
Materials, Fuels, Emissions, and Noise, Section 13, Page 13.170), which 
is incorporated by reference pursuant to Sec. 86.1(b)(2). As an 
alternative, the manufacturer may choose one of the options set forth in 
Sec. 86.004-28(c)(8).
    (4)-(5) [Reserved]
    (6) The CO and CO2 analytical system requires:
    (i) Bag sampling (Sec. 86.1309) and analytical (Sec. 86.1311) 
capabilities, as shown in Figure N07-1; or
    (ii) Continuously integrated measurement of diluted CO and 
CO2 meeting the minimum requirements and technical 
specifications contained in paragraph (b)(5) of this section. Unless 
compensation for varying flow is made, a constant flow system must be 
used to ensure a proportional sample; and
    (7) The NOX analytical system requires:
    (i) Continuously integrated measurement of diluted NOX 
meeting the minimum requirements and technical specifications contained 
in paragraph (b)(5) of this section. Unless compensation for varying 
flow is made, a constant

[[Page 180]]

flow system must be used to ensure a proportional sample.
    (ii) Bag sampling (Sec. 86.1309) and analytical (Sec. 86.1311) 
capabilities, as shown in Figure N07-1 (or Figure 07-2) will be allowed 
provided that sample gas temperature is maintained above the sample's 
aqueous dewpoint at all times during collection and analysis.
    (8) The mass of particulate in the exhaust is determined via 
filtration. The particulate sampling system requires dilution of the 
exhaust to a temperature of 47 [deg]C 5 [deg]C, 
measured upstream of a single high-efficiency sample filter (as close to 
the filter as practical).
    (9) 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 components of the system. Other components, such as 
snubbers, which are not needed to maintain accuracy on some systems, may 
be excluded if their exclusion is based upon good engineering judgment.
    (10) Other sampling and/or analytical systems may be used if shown 
to yield equivalent results and if approved in advance by the 
Administrator (see Sec. 86.1306-07).
    (b) Component description. The components necessary for exhaust 
sampling shall meet the following requirements:
    (1) Exhaust dilution system. The CVS shall conform to all of the 
requirements listed for the exhaust gas CVS systems in Sec. 86.1309(b), 
(c), and (d). With respect to PM measurement, the intent of this 
measurement procedure is to perform the sample cooling primarily via 
dilution and mixing with air rather than via heat transfer to the 
surfaces of the sampling system. In addition the CVS must conform to the 
following requirements:
    (i) The flow capacity of the CVS must be sufficient to maintain the 
diluted exhaust stream at the temperatures required for the measurement 
of particulate and hydrocarbon emission noted below and at, or above, 
the temperatures where aqueous condensation in the exhaust gases could 
occur. This is achieved by the following method. The flow capacity of 
the CVS must be sufficient to maintain the diluted exhaust stream in the 
primary dilution tunnel at a temperature of 191 [deg]C or less at the 
sampling zone and as required to prevent condensation at any point in 
the dilution tunnel. Gaseous emission samples may be taken directly from 
this sampling point. An exhaust sample must then be taken at this point 
to be diluted a second time for use in determining particulate 
emissions. The secondary dilution system must provide sufficient 
secondary dilution air to maintain the double-diluted exhaust stream at 
a temperature of 47 C 5 C, measured at a point 
located between the filter face and 16 cm upstream of the filter face.
    (ii) For the CVS , either a heat exchanger (i.e. CFV-CVS) or 
electronic flow compensation (i.e. EFC-CFV-CVS), which also includes the 
particulate sample flows is required Refer to Figure N07-1.
    (iii) When a heat exchanger is used, the gas mixture temperature, 
measured at a point immediately ahead of the critical flow venturi, 
shall be within 11 [deg]C of the average operating 
temperature observed during the test with the simultaneous requirement 
that aqueous condensation does not occur. The temperature measuring 
system (sensors and readout) shall have an accuracy and precision of 
1.9 [deg]C. For systems utilizing a flow 
compensator to maintain proportional sampling, the requirement for 
maintaining constant temperature is not necessary.
    (iv) The primary dilution air and secondary dilution air:
    (A) Shall have a primary and secondary dilution air temperature 
equal to or greater than 15 [deg]C.
    (B) Primary dilution air shall be filtered at the dilution air 
inlet. The manufacturer of the primary dilution air filter shall state 
that the filter design has successfully achieved a minimum particle 
removal efficiency of 98% (less than 0.02 penetration) as determined 
using ASTM test method F 1471-93 (incorporated by reference at section 
86.1). Secondary dilution air shall be filtered at the dilution air 
inlet using a high-efficiency particulate air filter (HEPA). The HEPA 
filter manufacturer shall state the HEPA filter design has successfully 
achieved a

[[Page 181]]

minimum particle removal efficiency of 99.97% (less than 0.0003 
penetration) as determined using ASTM test method F 1471-93. It is 
recommended that the primary dilution air be filtered using a HEPA 
filter. EPA intends to utilize HEPA filters to condition primary 
dilution air in its test facilities. It is acceptable to use of a 
booster blower upstream or downstream of a HEPA filter in the primary 
dilution tunnel (and upstream of the introduction of engine exhaust into 
the CVS) to compensate for the additional pressure loss associated with 
the filter. The design of any booster blower located downstream of the 
filter should minimize the introduction of additional particulate matter 
into the CVS.
    (C) Primary dilution air may be sampled to determine background 
particulate levels, which can then be subtracted from the values 
measured in the diluted exhaust stream. In the case of primary dilution 
air, the background particulate filter sample shall be taken immediately 
downstream of the dilution air filter and upstream of the engine exhaust 
flow (Figure N07-1). The provisions of paragraphs (b)(7) of this 
section, and of Sec. 86.1312-2007 also apply to the measurement of 
background particulate matter, except that the filter temperature must 
be maintained below 52 [deg]C.
    (2) Heated proportional bag sampling systems. If a heated (191 
11 [deg]C) proportional bag sampling system is 
used for THC measurement, sample bags must demonstrate minimal 
outgassing and permeability by passing the following performance test:
    (i) Performance test for sample bag HC outgassing and CO2 
permeability. Bring the bag system to its operational temperature. Fill 
the heated sample bag with a nominal mixture of 1% CO2 in 
N2. Perform an initial measurement of CO2 and THC 
from the sample bag, and repeat the measurement after one hour. 
Acceptable performance criteria are <2% decrease of the initial 
CO2 reading and <1 ppmC THC.
    (ii) [Reserved]
    (3) Continuous HC measurement system. (i) The continuous HC sample 
system (as shown in Figure N07-1) uses 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 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.
    (v) The continuous HC sampling system shall consist of a probe 
(which must raise the sample to the specified temperature) and, where 
used, a sample transfer system (which must maintain the specified 
temperature). The continuous hydrocarbon sampling system (exclusive of 
the probe) shall:
    (A) Maintain a wall temperature of 191 [deg]C 11 [deg]C as measured at every separately controlled 
heated component (i.e., filters, heated line sections), using permanent 
thermocouples located at each of the separate components.
    (B) Have a wall temperature of 191 [deg]C 11 
[deg]C over its entire length. The temperature of the system shall be 
demonstrated by profiling the thermal characteristics of the system at 
initial installation and after any major maintenance performed on the 
system. The temperature profile of the HC sampling system shall be 
demonstrated by inserting thermocouple wires (typically Teflon\TM\ 
coated for ease of insertion) into the sampling system assembled in-situ 
where possible, using good engineering judgment. The wire should be 
inserted up to the HFID inlet. Stabilize the sampling system heaters at 
normal operating temperatures. Withdraw the wires in increments of 5 cm 
to 10 cm (2 inches to 4 inches) including all fittings. Record the 
stabilized temperature at each position. The system temperature will be 
monitored during testing at the locations and temperature described in 
Sec. 86.1310-90(b)(3)(v)(A).


[[Page 182]]


    Note: It is understood that profiling of the sample line can be done 
under flowing conditions also as required with the probe. This test may 
be cumbersome if test facilities utilize long transfer lines and many 
fittings; therefore it is recommended that transfer lines be kept as 
short as possible and the use of fittings should be kept minimal.

    (C) Maintain a gas temperature of 191 [deg]C 11 [deg]C immediately before the heated filter and HFID. 
These gas temperatures will be determined by a temperature sensor 
located immediately upstream of each component.
    (vi) The continuous hydrocarbon sampling probe shall:
    (A) Be defined as the first 25.4 cm (10 in) to 76.2 cm (30 in) of 
the continuous hydrocarbon sampling system;
    (B) Have a 0.483 cm (0.19 in) minimum inside diameter;
    (C) Be installed in the primary dilution tunnel at a point where the 
dilution air and exhaust are well mixed (i.e., approximately 10 tunnel 
diameters downstream of the point where the exhaust enters the dilution 
tunnel);
    (D) Be sufficiently distant (radially) from other probes and the 
tunnel wall so as to be free from the influence of any wakes or eddies; 
and
    (E) Increase the gas stream temperature to 191 [deg]C 11 [deg]C by the exit of the probe. The ability of the 
probe to accomplish this shall be demonstrated at typical sample flow 
rates using the insertion thermocouple technique at initial installation 
and after any major maintenance. Compliance with the temperature 
specification shall be demonstrated by monitoring during each test the 
temperature of either the gas stream or the wall of the sample probe at 
its terminus.
    (vii) The response time of the continuous measurement system shall 
be no greater than:
    (A) 1.5 seconds from an instantaneous step change at the port 
entrance to the analyzer to within 90 percent of the step change;
    (B) 10 seconds from an instantaneous step change at the entrance to 
the sample probe or overflow span gas port to within 90 percent of the 
step change. Analysis system response time shall be coordinated with CVS 
flow fluctuations and sampling time/test cycle offsets if necessary; and
    (C) For the purpose of verification of response times, the step 
change shall be at least 60 percent of full-scale chart deflection.
    (4) Primary-dilution tunnel. (i) The primary dilution tunnel shall 
be:
    (A) Small enough in diameter to cause turbulent flow (Reynolds 
Number greater than 4000) and of sufficient length to cause complete 
mixing of the exhaust and dilution air. Good engineering judgment shall 
dictate the use of mixing plates and mixing orifices to ensure a well-
mixed sample. To verify mixing, EPA recommends flowing a tracer gas 
(i.e. propane or CO2) from the raw exhaust inlet of the 
dilution tunnel and measuring its concentration at several points along 
the axial plane at the sample probe. Tracer gas concentrations should 
remain nearly constant (i.e. within 2%) between all of these points.
    (B) At least 8 inches (20 cm) in diameter.
    (C) Constructed of electrically conductive material which does not 
react with the exhaust components.
    (D) Electrically grounded.
    (E) EPA recommends that the tunnel should have minimal thermal 
capacitance such that the temperature of the walls tracks with the 
temperature of the diluted exhaust.
    (ii) The temperature of the diluted exhaust stream inside of the 
primary dilution tunnel shall be sufficient to prevent water 
condensation.
    (iii) The engine exhaust shall be directed downstream at the point 
where it is introduced into the primary dilution tunnel.
    (5) Continuously integrated NOX, CO, and CO2 measurement systems. 
(i) The sample probe shall:
    (A) Be in the same plane as the continuous HC probe, but shall be 
sufficiently distant (radially) from other probes and the tunnel wall so 
as to be free from the influences of any wakes or eddies; and
    (B) Heated and insulated over the entire length, to prevent water 
condensation, to a minimum temperature of 131 [deg]F (55 [deg]C). Sample 
gas temperature immediately before the first filter in the system shall 
be at least 131 [deg]F (55 [deg]C).
    (ii) The continuous NOX, CO, or CO2 sampling and analysis 
system shall

[[Page 183]]

conform to the specifications of subpart D of this part, with the 
following exceptions:
    (A) The system components required to be heated by subpart D need 
only be heated to prevent water condensation, the minimum component 
temperature shall be 131 [deg]F (55 [deg]C);
    (B) The system response defined in Sec. 86.329-79 shall be no 
greater than 10 seconds. Analysis system response time shall be 
coordinated with CVS flow fluctuations and sampling time/test cycle 
offsets, if necessary;
    (C) Alternative NOX measurement techniques outlined in 
Sec. 86.346-79 are not permitted for NOX measurement in this 
subpart;
    (D) All analytical gases shall conform to the specifications of 
Sec. 86.1314;
    (E) Any range on a linear analyzer below 100 ppm shall have and use 
a calibration curve conforming to Sec. 86. 1323-07; and
    (F) The measurement accuracy requirements are specified in Sec. 86. 
1338-07 .
    (iii) The signal output of analyzers with non-linear calibration 
curves shall be converted to concentration values by the calibration 
curve(s) specified in subpart D of this part (Sec. 86.330-79) before 
flow correction (if used) and subsequent integration takes place.
    (6) Particulate sampling system. This method collects a proportional 
sample from the primary tunnel, and then transfers this sample to a 
secondary dilution tunnel where the sample is further diluted. The 
double-diluted sample is then passed through the collection filter. 
Proportionality (i.e., mass flow ratio) between the primary tunnel flow 
rate and the sample flow rate must be maintained within 5%, excluding the first 10 seconds of the test at start-
up. The requirements for this system are:
    (i) The particulate sample transfer tube shall be configured and 
installed so that:
    (A) The inlet faces upstream in the primary dilution tunnel at a 
point where the primary dilution air and exhaust are well mixed.
    (B) The particulate sample exits on the centerline of the secondary 
tunnel.
    (ii) The entire particulate sample transfer tube shall be:
    (A) Sufficiently distant (radially) from other sampling probes (in 
the primary dilution tunnel) so as to be free from the influence of any 
wakes or eddies produced by the other probes.
    (B) 0.85 cm minimum inside diameter.
    (C) No longer than 36 in (91 cm) from inlet plane to exit plane.
    (D) Designed to minimize the diffusional and thermophoretic 
deposition of particulate matter during transfer (i.e., sample residence 
time in the transfer tube should be as short as possible, temperature 
gradients between the flow stream and the transfer tube wall should be 
minimized). Double-wall, thin-wall, air-gap insulated, or a controlled 
heated construction for the transfer tube is recommended.
    (E) Constructed such that the surfaces exposed to the sample shall 
be an electrically conductive material, which does not react with the 
exhaust components, and this surface shall be electrically grounded so 
as to minimize electrostatic particulate matter deposition.
    (iii) The secondary dilution air shall be at a temperature equal to 
or greater than 15 [deg]C.
    (iv) The secondary-dilution tunnel shall be constructed such that 
the surfaces exposed to the sample shall be an electrically conductive 
material, which does not react with the exhaust components, and this 
surface shall be electrically grounded so as to minimize electrostatic 
particulate deposition.
    (v) Additional dilution air must be provided so as to maintain a 
sample temperature of 47 [deg]C 5 [deg]C upstream 
of the sample filter. Temperature shall be measured with a thermocouple 
with a \3/16\ shank, having thermocouple wires with a gage 
diameter 24 AWG or smaller, a bare-wire butt-welded junction; or other 
suitable temperature measurement with an equivalent or faster time 
constant and an accuracy and precision of 1.9 
[deg]C.
    (vi) The filter holder assembly shall be located within 12.0 in 
(30.5 cm) of the exit of the secondary dilution tunnel.
    (vii) The face velocity through the sample filter shall not exceed 
100 cm/s (face velocity is defined as the standard volumetric sample 
flow rate (i.e.,

[[Page 184]]

scm3/sec) divided by the sample filter stain area (i.e., cm2)).
    (7) Particulate sampling--(i) Filter specifications. (A) 
Polytetrafluoroethylene (PTFE or Teflon\TM\) coated borosilicate glass 
fiber high-efficiency filters or polytetrafluoroethylene (PTFE or 
Teflon\TM\) high-efficiency membrane filters with an integral support 
ring of polymethylpentene (PMP) or equivalent inert material are 
required. Filters shall have a minimum clean filter efficiency of 99% as 
measured by the ASTM D2986-95a DOP test (incorporated by reference at 
Sec. 86.1).
    (B) Particulate filters must have a diameter of 46.50 0.6 mm ( 38 mm minimum stain diameter).
    (C) The dilute exhaust is simultaneously sampled by a single high-
efficiency filter during the cold-start test and by a second high 
efficiency filter during the hot-start test.
    (D) It is recommended that the filter loading should be maximized 
consistent with temperature requirements.
    (ii) Filter holder assembly. The filter holder assembly shall comply 
with the specifications set forth for ambient PM measurement in 40 CFR 
part 50, appendix L 7.3.5, figures L-25 and L-26, with the following 
exceptions:
    (A) The material shall be 302, 303, or 304 stainless steel instead 
of anodized aluminum.
    (B) The 2.84 cm diameter entrance to the filter holder may be 
adapted, using sound engineering judgment and leak-free construction, to 
an inside diameter no smaller than 0.85 cm, maintaining the 12.5[deg] 
angle from the inlet of the top filter holder to the area near the 
sealing surface of the top of the filter cartridge assembly. Figure N07-
2 shows acceptable variation from the design in 40 CFR part 50, appendix 
L. Similar variations using sound engineering design are also acceptable 
provided that they provide even flow distribution across the filter 
media and a similar leak-free seal with the filter cartridge assembly.
    (C) If additional or multiple filter cartridges are stored in a 
particulate sampler as part of an automatic sequential sampling 
capability, all such filter cartridges, unless they are installed in the 
sample flow (with or without flow established) shall be covered or 
sealed to prevent communication of semi-volatile matter from filter to 
filter; contamination of the filters before and after sampling; or loss 
of volatile or semi-volatile particulate matter after sampling.
    (iii) Filter cartridge assembly. The filter cartridge assembly shall 
comply with the specifications set forth for ambient PM measurement in 
40 CFR part 50, appendix L 7.3.5, figures L-27, L-28, and L-29, with the 
following exceptions:
    (A) In addition to the specified Delrin \TM\ material, 302, 303, or 
304 stainless steel, polycarbonate or acrylonitrile/butadiene/styrene 
(ABS) resin, or a combination of these materials may also be used.
    (B) A bevel introduced on the inside diameter of the entrance to the 
filter cartridge, as used by some commercially available automated 
sequential particulate filter cartridge changers, is also acceptable 
(see Figure N07-3).
    (iv) Particle preclassifier. A particle preclassifier shall be 
installed immediately upstream of the filter holder assembly (N07-1). 
The purpose of the preclassifier is to remove coarse, mechanically 
generated particles (e.g., rust from the engine exhaust system or carbon 
sheared from the sampling system walls) from the sample flow stream 
while allowing combustion-generated particles to pass through to the 
filter. The preclassifier may be either an inertial impactor or a 
cyclonic separator. The preclassifier manufacturer 50% cutpoint particle 
diameter shall be between 2.5 [micro]m and 10 [micro]m at the volumetric 
flow rate selected for sampling of particulate matter emissions. 
Sharpness of cut is not specifically defined, but the preclassifier 
geometry shall allow at least 99% of the mass concentration of 1 
[micro]m particles to pass through the exit of the preclassifier to the 
filter at the volumetric flow rate selected for sampling particulate 
matter emissions. Periodic servicing of the preclassifier will be 
necessary to prevent a buildup of mechanically separated particles. The 
particle preclassifier may be made integral with the top of the filter 
holder assembly. The preclassifier may also be made integral with a 
mixing-tee for introduction of secondary dilution air, thus

[[Page 185]]

replacing the secondary dilution tunnel; provided that the preclassifier 
provides sufficient mixing.
[GRAPHIC] [TIFF OMITTED] TR18JA01.008


[[Page 186]]


[GRAPHIC] [TIFF OMITTED] TR18JA01.009


[[Page 187]]


[GRAPHIC] [TIFF OMITTED] TR18JA01.010


[66 FR 5169, Jan. 18, 2001]

[[Page 188]]



Sec. 86.1311-94  Exhaust gas analytical system; CVS bag sample.

    (a) Schematic drawings. Figure N94-1 is a schematic drawing of the 
exhaust gas analytical system used for analyzing CVS bag samples from 
either Otto-cycle or diesel engines. 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. Other components such 
as snubbers, which are not needed to maintain accuracy in some systems, 
may be excluded if their exclusion is based upon good engineering 
judgment.
    (b) Major component description. The analytical system, Figure N94-
1, consists of a flame ionization detector (FID) (heated for methanol-
fueled (235 15 [deg]F (113 8 
[deg]C)) and for petroleum-fueled diesel (375 10 
[deg]F (191 6 [deg]C) engines) for the measurement 
of hydrocarbons, a methane analyzer (consisting of a gas chromatograph 
combined with a FID) for the determination of CH4 (for 
engines subject to NMHC standards, where applicable), nondispersive 
infrared analyzers (NDIR) for the measurement of carbon monoxide and 
carbon dioxide, and a chemiluminescence analyzer (CL) for the 
measurement 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-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 (NDIR) analyzer may require a sample 
conditioning column containing CaSO4 or desiccating silica 
gel to remove water vapor, and containing ascarite to remove carbon 
dioxide from the CO analysis stream.
    (i) If CO instruments are used which are essentially free of 
CO2 and water vapor interference, the use of the conditioning 
column may be deleted (see Sec. Sec. 86.1322 and 86.1342).
    (ii) A CO instrument will be considered to be essentially free of 
CO2 and water vapor interference if its response to a mixture 
of three 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 one 
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. 
86.1322).
    (3)(i) Using a methane analyzer consisting of a gas chromatograph 
combined with a FID, the measurement of methane shall be done in 
accordance with SAE Recommended Practice J1151, ``Methane Measurement 
Using Gas Chromatography.'' (Incorporated by reference pursuant to Sec. 
86.1(b)(2).)
    (ii) For natural gas vehicles, the manufacturer has the option of 
using gas chromatography to measure NMHC through direct quantitation of 
individual hydrocarbon species. The manufacturer shall conform to 
standard industry practices and use good engineering judgement.
    (c) Alternate analytical systems. Analysis systems meeting the 
specifications of subpart D of this part may be used for testing 
required under this subpart, with the exception of Sec. Sec. 86.346 and 
86.347, provided that the systems in subpart D of this part meet the 
specifications of this subpart. Heated analyzers may be used in their 
heated configuration.
    (d) 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.

[59 FR 48525, Sept. 21, 1994, as amended at 59 FR 50073, Sept. 30, 1994; 
61 FR 127, Jan. 3, 1996; 62 FR 54730, Oct. 21, 1997]



Sec. 86.1312-88  Weighing chamber and microgram balance specifications.

    (a) Ambient conditions--(1) Temperature. The ambient temperature of 
the

[[Page 189]]

chamber (or room) in which the particulate filters are conditioned and 
weighed shall be maintained at 295 K 3 K (22 
[deg]C 3 [deg]C) during all filter conditioning 
and weighing.
    (2) Humidity. The humidity of the chamber (or room) in which the 
particulate filters are conditioned and weighed shall be maintained at a 
dew point temperature of 282.5 K 3 K (9.4 [deg]C 
3 [deg]C) and a relative humidity of 45% 8%. Either the dew point temperature or the relative 
humidity or both may be averaged over the preceding 10 minute period on 
a moving average basis.
    (3) The chamber (or room) environment shall be free of any ambient 
contaminates (such as dust) that would settle on the particulate filters 
during their stabilization. It is required that at least two unused 
reference filter pairs remain in the weighing room at all times in 
covered (to reduce dust contamination) but unsealed (to permit humidity 
exchange) petri dishes. These reference filter pairs shall be placed in 
the same general area as the sample filters. These reference filter 
pairs shall be weighed within 4 hours of, but preferably at the same 
time as, the sample filter pair weighings.
    (4) If the average weight of the reference filter pairs changes 
between sample filter weighings by more than 40 micrograms, then all 
sample filters and background filters in the process of stabilization 
shall be discarded and the emissions tests repeated.
    (5) If the room (or chamber) environmental conditions are not met, 
then the filters shall remain in the conditioning room for at least one 
hour after correct conditions are met prior to weighing.
    (6) The reference filter pairs shall be changed at least once a 
month, but never between clean and used weighings of a given sample 
filter pairs. More than one set of reference filter pair may be used. 
The reference filters shall be the same size and material as the sample 
filters.
    (b) Weighing balance specifications. The microgram balance used to 
determine the weights of all filters shall have a precision (standard 
deviation) of 20 micrograms and readability of 10 micrograms.

(Secs. 202, 203, 206, 207, 208, 301a, Clean Air Act, as amended; 42 
U.S.C. 7521, 7522, 7525, 7541, 7542, 7601a)

[50 FR 10702, Mar. 15, 1985, as amended at 52 FR 47871, Dec. 16, 1987; 
62 FR 47124, Sept. 5, 1997]



Sec. 86.1312-2007  Filter stabilization and microbalance workstation 

environmental conditions, microbalance specifications, and particulate matter 

filter handling and weighing procedures.

    (a) Ambient conditions for filter stabilization and weighing--(1) 
Temperature and humidity. (i) The filter stabilization environment shall 
be maintained at 22 [deg]C 3 [deg]C and a dewpoint 
of 9.5 [deg]C 1 [deg]C. Dewpoint shall be measured 
with an instrument that exhibits an accuracy of at least 0.25 [deg]C NIST traceable as stated by the instrument 
manufacturer. Temperature shall be measured with an instrument that 
exhibits an accuracy of at least 0.2 [deg]C or 
better.
    (ii) The immediate microbalance workstation environment shall be 
maintained at 22 [deg]C 1 [deg]C and a dewpoint of 
9.5 [deg]C 1 [deg]C. If the microbalance 
workstation environment freely circulates with the filter stabilization 
environment, and this entire environment meets 22 [deg]C 1 [deg]C and a dewpoint of 9.5 [deg]C 1 [deg]C , then there is no requirement to measure 
temperature and dewpoint at the microbalance separate from the filter 
stabilization location. Otherwise, temperature at the microbalance 
workstation shall be measured with an instrument that exhibits an 
accuracy of at least 0.2 [deg]C or better, and 
dewpoint shall be measured with an instrument that exhibits an accuracy 
of at least 0.25 [deg]C NIST traceable as stated 
by the instrument manufacturer.
    (2) Cleanliness. (i) The microbalance and filter stabilization 
environments shall be free of ambient contaminants (such as dust or 
other aerosols) that could settle on the particulate filters. It is 
recommended that these environments be built to conform with the Class 
1000 specification (or cleaner) as determined by Federal Standard 209D 
or 209E for clean room classification

[[Page 190]]

(Available from the Institute of Environmental Standards and Technology 
website at www.iest.org or phone (847) 255-1561). An alternative 
recommendation would be to equilibrate and/or weigh the filters within a 
separate, smaller, particle-free, temperature and humidity-controlled 
chamber (i.e., ``glove box'').
    (ii) Reference filters shall be used to monitor for gross particle 
contamination. It is required that at least two unused reference filters 
remain in the filter stabilization environment at all times in partially 
covered glass petri dishes, as in paragraph (c) (1) of this section. 
These reference filters shall be placed in the filter stabilization 
environment. The reference filters shall be weighed within 2 hours of, 
but preferably at the same time as, the sample filters. The reference 
filters shall be changed at least once a month, but never while any 
sample filters are between their tare weight (pre-sampling) and gross 
weight (post-sampling) measurements. The reference filters shall be the 
same size and material as the sample filters.
    (3) Quality control of ambient conditions. (i) If, before the start 
of a weighing session, the temperature or dewpoint of the filter 
stabilization environment are not within specifications, then filters 
must remain in the environment for at least 30 minutes after conditions 
are corrected. If the filter stabilization environment changes during a 
weighing session such that the specifications are no longer met, the 
weighing session shall be suspended until the environment has returned 
to within specifications for at least 30 minutes. Once the environment 
has returned to within specifications for at least 30 minutes, the 
reference filters shall be reweighed and the criteria in paragraph 
(a)(3)(ii) of this section shall apply. Note that temperature and 
dewpoint shall be sampled once per second, and an unweighted 5-minute 
moving average of this data shall be calculated once per second. This 
moving average shall be used to determine the environment temperature 
and dewpoint for the purpose of determining whether or not the 
environment is within specifications.
    (ii) If the average change in weight of the reference filters is 
more than 10 micrograms (after correcting for buoyancy as described in 
paragraph (c)(3) of this section), then all filters in the process of 
stabilization shall be discarded and all data collected with respect to 
the discarded filters shall be considered void. Note that more than 2 
reference filters may be used to achieve a more robust average of the 
change in weight of the reference filters.
    (b) Microbalance specifications. The microbalance used to determine 
the weights of all filters shall have a precision (standard deviation) 
of at least 0.25 micrograms or better for repeated 
weighing of a calibration weight, a precision of at least 2.5 micrograms or better for repeated weighing of a 
clean filter, and a readability equal to or less than 0.1 micrograms. It 
is recommended that the microbalance be installed on a vibration 
isolation platform to isolate the microbalance's load cell from external 
vibration. It is also recommended that the microbalance should be 
shielded from convective airflow by means of an electrically grounded 
static dissipative draft shield. Microbalance manufacturer 
specifications for all preventive maintenance, periodic certification, 
calibration, and re-zeroing shall be followed. All certification and 
calibration procedures shall be NIST traceable, or traceable to an 
equivalent national standard.
    (c) Particulate matter filter handling and weighing. Care should be 
taken to prevent contamination of the sample filters and to prevent a 
buildup of static charge on the filters that could interfere with filter 
weighing. Static neutralizers, such as Po-210 sources, shall be used to 
neutralize charge on a filter prior to each weighing. A static 
neutralizer should be replaced at the interval recommended by its 
manufacturer, or when it is no longer able to reduce static charge on a 
filter to less than 2 VDC as measured with an 
electrostatic monitor at the microbalance workstation. The person 
weighing filters shall be grounded with respect to the microbalance to 
prevent imparting a static charge on the filters. This can be 
accomplished safely by using a

[[Page 191]]

grounding strap such as the wrist straps that are commonly used in the 
microelectronics industry, or by connecting a similar grounding strap to 
the tweezers. To prevent electrical shock, a 1-megohm resistor should be 
installed in series between the person weighing filters and ground.
    (1) Within the filter stabilization environment, a pair of clean and 
electrically conductive tweezers shall be used to place a filter in the 
lower half of a filter cassette and the cassette shall be placed in a 
partially open glass petri dish. The petri dish lid should extend over 
the filter to prevent gross contamination, but it should be left 
slightly open on one edge to permit stabilization with the environment 
for at least 30 minutes.
    (2) After at least 30 minutes of stabilization, each filter shall be 
weighed using the specified microbalance. The process of weighing a 
filter may be repeated and a statistical mean weight of a single filter 
may be calculated. Sound engineering judgment shall dictate the use of 
statistics to discard outliers and the weighting of averages. For a 
clean filter its single weight or statistical mean weight shall be 
considered the uncorrected tare weight of the filter.
    (3) All filter weights shall be corrected for filter buoyancy in 
air. For the uncorrected tare weight of a filter, this calculated value 
is the corrected tare weight of the filter, and it must be recorded (see 
Sec. 86.1344(e)(18)). Barometric pressure of the microbalance 
environment shall be measured with an instrument that exhibits 0.01% full-scale accuracy and 0.01% per-year full scale 
stability, and the full-scale value used for such a specification shall 
not exceed 200 kPa.
    (i) Buoyancy correction calculation. (A) Calculate vapor pressure of 
liquid water using the dewpoint temperature in the Magnus formula:

Pw = 0.6113 x 10[and] ((7.5 x Tdp)/(237.3 + 
    Tdp))

Where:

Pw=vapor pressure of liquid water, kPa.
Tdp=dewpoint temperature, [deg]C.

    (B) Calculate air density using the ideal gas relationship and 
molecular weights of standard air and water:

A=(3.484xP-1.317xPw)/(T+273.15)

Where:

A=air density, kg/m\3\.
P=barometric pressure, kPa.
Pw=vapor pressure of liquid water, kPa.
T=temperature, [deg]C.

    (C) Buoyancy correction:

M=Rx(1-(A/[rho]w))/(1-(A/[rho]s)).

Where:

M=corrected mass in units of the balance display.
R=uncorrected filter weight in units of the balance display.
A=calculated air density, kg/m\3\.
[rho]w=density of calibration weight used to calibrate the 
balance, kg/m\3\.
[rho]s=density of filter material used to sample PM 
emissions, kg/m\3\.

    (ii) For determining [rho]s note that PTFE (Teflon\TM\) 
and borosilicate glass both have densities in the range of 2,200 to 
2,400 kg/m\3\. Therefore, for PTFE-coated borosilicate glass fiber 
filters, an acceptable [rho]s is 2,300 kg/m\3\. Note also 
that polymethylpentene has a density of 850 kg/m\3\. Because Teflon PTFE 
membrane filters have an integral polymethylpentene support ring that 
accounts for 95% of the filter mass, an acceptable [rho]s for 
these filters is 920 kg/m\3\. Other [rho]s values for other 
filters may be obtained similarly. Information about ``[rho]s 
should be available from the calibration weight manufacturer.
    (iii) This paragraph (c)(3)(iii) shows an example of the buoyancy 
correction. This example assumes the following inputs: Barometric 
pressure (P)=101.325 kPa, temperature (T)=22.0 [deg]C, dewpoint 
temperature (Tdp)=9.5 [deg]C, balance display (R)=100.0000 
mg, calibration weight density ([rho]w)=8,000 kg/m\3\, and 
filter material density ([rho]s)=2,300 kg/m\3\. Then:
    (A) The water vapor pressure (Pw) is calculated as:

Pw = 0.6113 x 10 ((7.5 x 9.5)/(237.3 + 9.5)) = 1.186 kPa.

    (B) The air density (A) is calculated as:

A = (3.484 x101.325 - 1.317 x 1.186)/(22.0 + 273.15) = 1.191 kg/m\3\.

    (C) The corrected mass (M) is calculated as:

M=100.0000 x (1 - (1.191/8000))/(1 - (1.191/2300)) = 100.0369 mg.


[[Page 192]]


    (4) The uncorrected weight, corrected weight, barometric pressure, 
temperature and humidity, of the filter shall be recorded. Afterward the 
filter shall be returned to the lower half of the filter cassette, and 
the upper half of the cassette shall be set in place. The cassette-with 
filter-shall then be stored in a covered glass petri dish or a sealed 
(i.e., ends plugged) filter holder assembly, either of which shall 
remain in the filter stabilization environment until needed for testing. 
It is recommended that the filter be transported between the filter 
stabilization environment and the location of the emissions test within 
a sealed filter holder assembly.
    (5) After the emissions test, the filter cassette shall be removed 
from the filter holder assembly. If this removal is performed in the 
filter stabilization environment, the upper half of the cassette shall 
be removed using a properly designed separator tool, the lower half of 
the cassette-with filter-shall be placed in a partially covered petri 
dish, and allowed to stabilize for at least 30 minutes. Otherwise, the 
cassette and filter shall be placed in a closed petri dish until it can 
be returned to the filter stabilization environment. Once the closed 
petri dish is returned to the filter stabilization environment, the 
petri dish shall be opened, the upper half of the cassette shall be 
removed using a properly designed separator tool, the lower half of the 
cassette-with filter-shall be placed in a partially covered petri dish, 
and allowed to stabilize for at least one hour.
    (6) After at least 30 minutes, but no more than 60 hours of 
stabilization, each filter may be weighed using the specified 
microbalance. The process of weighing a filter may be repeated and a 
statistical mean may be calculated. Sound engineering judgment shall 
dictate the use of statistics to discard outliers and the weighting of 
averages. For a used filter, its single weight or statistical mean 
weight shall be identified as the uncorrected gross weight of the 
filter. The uncorrected gross weight shall be corrected for filter 
buoyancy using the procedure in (c)(3) of this section. The uncorrected 
gross filter weight, corrected gross filter weight, barometric pressure, 
temperature, and dewpoint shall be recorded.
    (7) The net particulate matter weight (Pf) of each filter shall be 
equal to the corrected gross filter weight minus the corrected tare 
filter weight.
    (8) Should the particulate matter on the filters contact the petri 
dish, tweezers, microbalance or any other surface, the data with respect 
to that filter is void.

[66 FR 5177, Jan. 18, 2001]



Sec. 86.1313-94  Fuel specifications.

    (a) Gasoline fuel. (1) Gasoline having the specifications listed in 
table N94-1 will be used by the Administrator in exhaust emission 
testing. Gasoline having these specifications or substantially 
equivalent specifications approved by the Administrator, shall be used 
by the manufacturer in exhaust emission testing, except that the octane 
specification does not apply.

                               Table N94-1
------------------------------------------------------------------------
                        Item                           ASTM      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, [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)
    Sulphur, Max., wt. pct.........................    D1266        0.10
    Phosphorus, max., g/U.S. gal. (g/liter)........    D3231       0.005
                                                                (0.0013)
    RVP, psi (kPa).................................     D323     8.0-9.2
                                                              (60.0-63.4
                                                                       )
Hydrocarbon composition:
    Olefins, max. pct..............................    D1319          10
    Aromatics, max. pct............................    D1319          35
    Saturates......................................    D1319       (\2\)
------------------------------------------------------------------------
\1\ Maximum.
\2\ Remainder.

    (2)(i) Unleaded gasoline representative of commercial gasoline which 
will be generally available through retail outlets shall be used in 
service accumulation.

[[Page 193]]

    (ii) The octane rating of the gasoline used shall not be higher than 
one 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 
paragraph (a) of this section shall be reported in accordance with Sec. 
86.094-21(b)(3).
    (b) Petroleum diesel test fuel. (1) The petroleum fuels for testing 
diesel engines employed for testing 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 engines meeting the specifications in 
Table N94-2, or substantially equivalent specifications approved by the 
Administrator, shall be used in exhaust emissions testing. The grade of 
petroleum fuel used shall be commercially designated as ``Type 2-D'' 
grade diesel fuel except that fuel commercially designated at ``Type 1-
D'' grade diesel fuel may be substituted provided that the manufacturer 
has submitted evidence to the Administrator demonstrating to the 
Administrator's satisfaction that this fuel will be the predominant in-
use fuel. Such evidence could include such things as copies of signed 
contracts from customers indicating the intent to purchase and use 
``Type 1-D'' grade diesel fuel as the primary fuel for use in the 
engines or other evidence acceptable to the Administrator.

                                                   Table N94-2
----------------------------------------------------------------------------------------------------------------
                   Item                                   ASTM                    Type 1-D          Type 2-D
----------------------------------------------------------------------------------------------------------------
Cetane Number............................  D613                                          40-54             40-48
Cetane Index.............................  D976                                          40-54             40-48
Distillation range:
    IBP [deg]F...........................  D86                                         330-390           340-400
    ( [deg]C)............................  .................................     (165.6-198.9)     (171.1-204.4)
    10 percent point, [deg]F.............  D86                                         370-430           400-460
    ( [deg]C)............................  (187.8-221.1)                         (204.4-237.8)
    50 percent point, [deg]F.............  D86                                         410-480           470-540
    ( [deg]C)............................  .................................       (210-248.9)     (243.3-282.2)
    90 percent point, [deg]F.............  D86                                         460-520           560-630
    ( [deg]C)............................  .................................     (237.8-271.1)     (293.3-332.2)
    EP, [deg]F...........................  D86                                         500-560           610-690
    ( [deg]C)............................  .................................     (260.0-293.3)     (321.1-365.6)
Gravity, [deg]API........................  D287                                          40-44             32-37
Total Sulfur, percent....................  D2622                                     0.03-0.05         0.03-0.05
Hydrocarbon composition:
    Aromatics, pct.......................  D1319 or D5186                                \1\ 8            \1\ 27
    Paraffins, Naphthenes, Olefins.......  D1319                                       ( \2\ )           ( \2\ )
Flashpoint, [deg]F.......................  D93                                             120               130
    ( [deg]C)............................  .................................            (48.9)            (54.4)
    (minimum)............................  .................................  ................  ................
Viscosity, Centistokes...................  D445                                        1.6-2.0           2.0-3.2
----------------------------------------------------------------------------------------------------------------
\1\ Minimum.
\2\ Remainder.

    (3) Petroleum diesel fuel for diesel engines meeting the 
specifications in table N94-3, or substantially equivalent 
specifications approved by the Administrator, shall be used in service 
accumulation. The grade of petroleum diesel fuel used shall be 
commercially designated as ``Type 2-D'' grade diesel fuel except that 
fuel commercially designated as ``Type 1-D'' grade diesel fuel may be 
substituted provided that the manufacturer has submitted evidence to the 
Administrator demonstrating to the Administrator's satisfaction that

[[Page 194]]

this fuel will be the predominant in-use fuel. Such evidence could 
include such things as copies of signed contracts from customers 
indicating the intent to purchase and use ``Type 1-D'' grade diesel fuel 
as the primary fuel for use in the engines or other evidence acceptable 
to the Administrator.

                                                   Table N94-3
----------------------------------------------------------------------------------------------------------------
                               Item                                  ASTM        Type 1-D           Type 2-D
----------------------------------------------------------------------------------------------------------------
Cetane Number....................................................     D613              40-56              30-58
Cetane Index.....................................................     D976            Min. 40            Min. 40
Distillation range:
    90 pct. point [deg]F ( [deg]C)...............................      D86            440-530            540-630
                                                                                (226.7-276.7)      (282.2-332.2)
Gravity [deg]API.................................................     D287              39-45              30-42
Total sulfur, min. pct...........................................    D2622          0.03-0.05          0.03-0.05
Flashpoint, min. [deg]F ( [deg]C)................................      D93                120                130
                                                                                       (48.9)               54.4
Viscosity, centistokes...........................................     D445            1.2-2.2            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 must be provided prior to the start of testing.
    (5) The specification range of the fuels to be used under paragraph 
(b) of this section shall be reported in accordance with Sec. 86.094-
21(b)(3).
    (c) Methanol-fuel. (1) Methanol fuel used for exhaust and 
evaporative emission testing and in service accumulation of methanol-
fueled engines 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 (b)(4)(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).
    (d) Mixtures of petroleum and methanol fuels for flexible fuel 
vehicles. (1) Mixtures of petroleum and methanol fuels used for exhaust 
emission testing and service accumulation for flexible fuel vehicles 
shall consist of the methanol and petroleum fuels listed in paragraph 
(a) or (b) of this section, and shall be within the range of fuel 
mixtures for which the vehicle was designed, as reported in accordance 
with Sec. 86.94-21. The Administrator may use any 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) A petroleum fuel specified in paragraph (a) or paragraph (b) of 
this section;
    (B) A methanol fuel representative of the methanol fuel expected to 
the found in use.

[[Page 195]]

    (ii) For service accumulation, an alternating combination of the 
fuels specified in paragraphs (a) or (b), and (c) of this section that, 
based on good engineering judgement, demonstrates the durability of the 
emissions control system. The combination shall be selected 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. The fuels 
shall be or alternated at intervals not to exceed 500 hours.
    (iii) Or, other combinations for testing and/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 (d) shall be reported in accordance with Sec. 86.094-21.
    (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 engines:

              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 representative of commercial natural gas-fuel 
and 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; 
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) and (e)(2) of this section shall be reported in accordance with 
Sec. 86.094-21(b)(3).
    (f) Liquified petroleum gas-fuel. (1) Liquified 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:
    (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.
    (3) The specification range of the fuels to be used under paragraphs 
(f)(1) and (f)(2) of this section shall be measured in accordance with 
ASTM D2163-91 and reported in accordance with Sec. 86.094-21(b)(3).
    (g) Fuels not meeting the specifications set forth in this section 
may be used only with the advance approval of the Administrator.

[59 FR 48528, Sept. 21, 1994, as amended at 60 FR 34371, June 30, 1995; 
62 FR 47125, Sept. 5, 1997]



Sec. 86.1313-98  Fuel specifications.

    Section 86.1313-98 includes text that specifies requirements that 
differ from Sec. 86.1313-94. Where a paragraph in Sec. 86.1313-94 is 
identical and applicable to Sec. 86.1313-98, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.1313-94''.

[[Page 196]]

    (a) through (b)(1) [Reserved]. For guidance see Sec. 86.1313-94.
    (b)(2) Petroleum fuel for diesel engines meeting the specifications 
in Table N98-2, or substantially equivalent specifications approved by 
the Administrator, shall be used in exhaust emissions testing. The grade 
of petroleum fuel used shall be commercially designated as ``Type 2-D'' 
grade diesel fuel except that fuel commercially designated at ``Type 1-
D'' grade diesel fuel may be substituted provided that the manufacturer 
has submitted evidence to the Administrator demonstrating to the 
Administrator's satisfaction that this fuel will be the predominant in-
use fuel. Such evidence could include such things as copies of signed 
contracts from customers indicating the intent to purchase and use 
``Type 1-D'' grade diesel fuel as the primary fuel for use in the 
engines or other evidence acceptable to the Administrator.

                                                   Table N98-2
----------------------------------------------------------------------------------------------------------------
             Item                                       ASTM test method No.      Type 1-D          Type 2-D
----------------------------------------------------------------------------------------------------------------
Cetane Number.................                         D 613                             40-54             40-50
Cetane Index..................                         D 976                             40-54             40-50
Distillation range:
  IBP.........................  [deg]F                 D 86                            330-390           340-400
                                ([deg]C)                                         (165.6-198.9)     (171.1-204.4)
  10 pct. point...............  [deg]F                 D 86                            370-430           400-460
                                ([deg]C)                                         (187.8-221.1)     (204.4-237.8)
  50 pct. point...............  [deg]F                 D 86                            410-480           470-540
                                ([deg]C)                                         (210.0-248.9)     (243.3-282.2)
  90 pct. point...............  [deg]F                 D 86                            460-520           560-630
                                ([deg]C)                                         (237.8-271-1)     (293.3-332.2)
  EP..........................  [deg]F                 D 86                            500-560           610-690
                                ([deg]C)                                         (260.0-293.3)     (321.1-365.6)
Gravity.......................  [deg]API               D 287                             40-44             32-37
Total sulfur..................  pct.                   D 2622                        0.03-0.05         0.03-0.05
Hydrocarbon composition:
  Aromatics, minimum..........  pct.                   D 5186                                8                27
  Paraffins, Naphthenes,                               D 1319                              \1\               \1\
   Olefins.
Flashpoint, min...............  [deg]F                 D 93                                120               130
                                ([deg]C)                                                (48.9)            (54.4)
Viscosity.....................  centistokes            D 445                           1.6-2.0          2.0-3.2
----------------------------------------------------------------------------------------------------------------
\1\ Remainder.

    (b)(3) through (e) [Reserved]. For guidance see Sec. 86.1313-94.

[62 FR 47126, Sept. 5, 1997, as amended at 65 FR 8278, Feb. 18, 2000]



Sec. 86.1313-2004  Fuel specifications.

    Section 86.1313-04 includes text that specifies requirements that 
differ from Sec. Sec. 86.1313-94 and 86.1313-98. Where a paragraph in 
Sec. 86.1313-94 or Sec. 86.1313-98 is identical and applicable to 
Sec. 86.1313-04, this may be indicated by specifying the corresponding 
paragraph and the statement ``[Reserved]. For guidance see Sec. 
86.1313-94.'' or ``[Reserved]. For guidance see Sec. 86.1313-98.''.
    (a) Gasoline fuel. (1) Gasoline having the following specifications 
will be used by the Administrator in exhaust and evaporative emission 
testing of petroleum-fueled Otto-cycle engines, 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:

----------------------------------------------------------------------------------------------------------------
                  Item                      ASTM test method No.                        Value
----------------------------------------------------------------------------------------------------------------
(i) Octane, Research, Min..............  D2699                       93
(ii) Sensitivity, Min..................  ..........................  7.5
(iii) Lead (organic), maximum: g/U.S.    D3237                       0.050 (0.013)
 gal. (g/liter).
(iv) Distillation Range:...............  D86
(A) IBP \1\: [deg]F ( [deg]C)..........  ..........................  75-95 (23.9-35)

[[Page 197]]

 
(B) 10 pct. point: [deg]F ( [deg]C)....  ..........................  120-135 (48.9-57.2)
(C) 50 pct. point: [deg]F ( [deg]C)....  ..........................  200-230 (93.3-110)
(D) 90 pct. point: [deg]F ( [deg]C)....  ..........................  300-325 (148.9-162.8)
(E) EP, max: [deg]F ( [deg]C)..........  ..........................  415 (212.8)
(v) Sulfur, weight pct.................  D1266                       0.0015-0.008
(vi) Phosphorous, max. g/U.S. gal (g/    D3231                       0.005 (0.0013)
 liter).
(vii) RVP \2,3\........................  D3231                       8.7-9.2 (60.0-63.4)
(viii) Hydrocarbon composition:........  D1319
(A) Olefins, max. pct..................  ..........................  10
(B) Aromatics, max, pct................  ..........................  35
(C) 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 engines certified for sale in the 50 United States, 
``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). 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. 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
------------------------------------------------------------------------
(i) Octane, (R+M)/2 (min)........  91
(ii) Sensitivity (min)...........  7.5
(iii) Lead, g/gal (max) (No lead   0-0.01
 added).
(iv) Distillation Range, [deg]F:.  .....................................
(A) 10 pct. point,...............  130-150
(B) 50 pct. point,...............  200-210
(C) 90 pct. point,...............  290-300
(D) EP, maximum..................  390
(v) Residue, vol % (max).........  2.0
(vi) 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.
(vii) Phosphorous, g/gal (max)...  0.005
(viii) RVP, psi..................  6.7-7.0
(ix) Olefins, vol %..............  4.0-6.0
(x) Total Aromatic Hydrocarbons    22-25
 (vol %).
(xi) Benzene, vol %..............  0.8-1.0
(xii) Multi-Substituted Alkyl      12-14
 Aromatic Hydrocarbons, vol %.
(xiii) MTBE, vol %...............  10.8-11.2
(xiv) 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).
(xv) Copper Corrosion............  No. 1
(xvi) Gum, Washed, mg/100 ml       3.0
 (max).
(xvii) Oxidation Stability,        1000
 minutes (min).
(xviii) Specific Gravity.........  No limit; report to purchaser
                                    required
(xix) Heat of Combustion.........  No limit; report to purchaser
                                    required
(xx) Carbon, wt %................  No limit; report to purchaser
                                    required
(xxi) Hydrogen, wt %.............  No limit; report to purchaser
                                    required
------------------------------------------------------------------------


[[Page 198]]

    (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. 
Unless otherwise approved by the Administrator, this gasoline must have 
a minimum sulfur content of 15 ppm. Unless otherwise approved by the 
Administrator, fuel used for evaporative emission durability 
demonstration 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 
paragraph (a) of this section must be reported in accordance with Sec. 
86.094-21(b)(3).
    (b) heading and (b)(1) [Reserved]. For guidance see Sec. 86.1313-
94.
    (b)(2) [Reserved]. For guidance see Sec. 86.1313-98.
    (b)(3) through (g) [Reserved]. For guidance see Sec. 86.1313-94.

[66 FR 5178, Jan. 18, 2001]



Sec. 86.1313-2007  Fuel specifications.

    Section 86.1313-2007 includes text that specifies requirements that 
differ from Sec. Sec. 86.1313-94 and 86.1313-2004. Where a paragraph in 
Sec. 86.1313-94 or Sec. 86.1313-2004 is identical and applicable to 
Sec. 86.1313-2007, this may be indicated by specifying the 
corresponding paragraph and the statement ``[Reserved]. For guidance see 
Sec. 86.1313-94.'' or ``[Reserved]. For guidance see Sec. 86.1313-
04.''.
    (a) [Reserved]. For guidance see Sec. 86.1313-2004.
    (b) heading and (b)(1) [Reserved]. For guidance see Sec. 86.1313-
94.
    (b)(2) Petroleum fuel for diesel engines meeting the specifications 
in Table N07-2, or substantially equivalent specifications approved by 
the Administrator, shall be used in exhaust emissions testing. The grade 
of petroleum fuel used shall be commercially designated as ``Type 2-D'' 
grade diesel fuel except that fuel commercially designated as ``Type 1-
D'' grade diesel fuel may be substituted provided that the manufacturer 
has submitted evidence to the Administrator demonstrating to the 
Administrator's satisfaction that this fuel will be the predominant in-
use fuel. Such evidence could include such things as copies of signed 
contracts from customers indicating the intent to purchase and use 
``Type 1-D'' grade diesel fuel as the primary fuel for use in the 
engines or other evidence acceptable to the Administrator. (Note: 
Vehicles certified under Sec. 86.007-11(f) must be tested using the 
test fuel specified in Sec. 86.1313-2004, unless otherwise allowed by 
the Administrator.) Table N07-2 follows:

                                                   Table N07-2
----------------------------------------------------------------------------------------------------------------
            Item                                    ASTM test method No.        Type 1-D            Type 2-D
----------------------------------------------------------------------------------------------------------------
(i) Cetane Number...........  ....................  D613................  40-54...............            40-50
(ii) Cetane Index...........  ....................  D976................  40-54...............           40-50
(iii) Distillation range:
    (A) IBP.................  [deg]F..............  D86.................  330-390.............          340-400
                              ( [deg]C)...........  ....................  (165.6-198.9).......     (171.1-204.4)
    (B) 10 pct. point.......  [deg]F..............  D86.................  370-430.............          400-460
                              ( [deg]C)...........  ....................  (187.8-221.1).......     (204.4-237.8)
    (C) 50 pct. point.......  [deg]F..............  D86.................  410-480.............          470-540
                              ( [deg]C)...........  ....................  (210.0-248.9).......     (243.3-282.2)

[[Page 199]]

 
    (D) 90 pct. point.......  [deg]F..............  D86.................  460-520.............          560-630
                              ( [deg]C)...........  ....................  (237.8-271-1).......     (293.3-332.2)
    (E) EP..................  [deg]F..............  D86.................  500-560.............          610-690
                              ( [deg]C)...........  ....................  (260.0-293.3).......     (321.1-365.6)
(iv) Gravity................  [deg]API............  D287................  40-44...............            32-37
(v) Total sulfur............  ppm.................  D2622...............  7-15................             7-15
(vi) Hydrocarbon
 composition:.
    (A) Aromatics, minimum    pct.................  D5186...............  8...................               27
     (Remainder shall be
     paraffins, naphthenes,
     and olefins).
(vii) Flashpoint, min.......  [deg]F..............  D93.................  120.................              130
                              ( [deg]C)...........  ....................  (48.9)..............            (54.4)
(viii) Viscosity............  centistokes.........  D445................  1.6-2.0.............          2.0-3.2
----------------------------------------------------------------------------------------------------------------

    (3) Petroleum Diesel fuel for diesel engines meeting the 
specifications in table N07-3, or substantially equivalent 
specifications approved by the Administrator, shall be used in service 
accumulation. The grade of petroleum diesel fuel used shall be 
commercially designated as Type 2-D'' grade diesel fuel except that fuel 
commercially designated as ``Type 1-D'' grade Diesel fuel may be 
substituted provided that the manufacturer has submitted evidence to the 
Administrator demonstrating to the Administrator's satisfaction that 
this fuel will be the predominant in-use fuel. Such evidence could 
include such things as copies of signed contracts from customers 
indicating the intent to purchase and use ``Type 1-D'' grade diesel fuel 
as the primary fuel for use in the engines or other evidence acceptable 
to the Administrator. Table N07-03 follows:

                                                   Table N07-3
----------------------------------------------------------------------------------------------------------------
            Item                                    ASTM test method No.        Type 1-D            Type 2-D
----------------------------------------------------------------------------------------------------------------
(i) Cetane Number...........  ....................  D613................  40-56...............            38-58
(ii) Cetane Index...........  ....................  D976................  min. 40.............         min. 40
(iii) Distillation range:
    90 pct. point...........  [deg]F..............  D86.................  440-530.............          540-630
                              ( [deg]C)...........  ....................  (226.7-276-7).......     (293.3-332.2)
(iv) Gravity................  [deg]API............  D287................  39-45...............            30-39
(v) Total sulfur............  ppm.................  D2622...............  7-15................             7-15
(vi) Flashpoint, min........  [deg]F..............  D93.................  130.................              130
                              ( [deg]C)...........  ....................  (54.4)..............            (54.4)
(vii) Viscosity.............  centistokes.........  D445................  1.2-2.2.............          1.5-4.5
----------------------------------------------------------------------------------------------------------------

    (b)(4) through (g) [Reserved]. For guidance see Sec. 86.1313-94.

[66 FR 5180, Jan. 18, 2001]



Sec. 86.1314-94  Analytical gases.

    (a) Gases for the CO and CO2 analyzers shall be single 
blends of CO and CO2. respectively, using nitrogen as the 
diluent.
    (b) Gases for the hydrocarbon analyzer shall be:
    (1) Single blends of propane using air as the diluent; and
    (2) Optionally, for response factor determination, single blends of 
methanol using air as the diluent.
    (c) Gases for the methane analyzer shall be single blends of methane 
using air as the diluent.
    (d) Gases for the NOX analyzer shall be single blends of 
NO named as NOX with a maximum NO2 concentration 
of five percent of the nominal value using nitrogen as the diluent.
    (e) Fuel for FIDs and HFIDs and methane analyzers shall be a blend 
of 40 2 percent hydrogen with the balance being 
helium. The mixture shall

[[Page 200]]

contain less than 1 ppm equivalent carbon response. 98 to 100 percent 
hydrogen fuel may be used with advance approval by the Administrator.
    (f) 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.
    (g)(1) ``Zero-grade air'' includes artificial ``air'' consisting of 
a blend of nitrogen and oxygen with oxygen concentrations between 18 and 
21 mole percent.
    (2) 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.
    (3) 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.
    (4) Methanol in air gases used for response factor determination 
shall:
    (i) Be traceable to within 2 percent of NIST 
(formerly NBS) gas standards, or other standards which have been 
approved by the Administrator; and
    (ii) 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.
    (h) The use of precision blending devices (gas dividers) to obtain 
the required calibration gas concentrations is acceptable, provided that 
the blended gases are accurate to within 1.5 
percent of NBS gas standards, or other gas standards which have been 
approved by the Administrator. This accuracy implies that primary gases 
used for blending must be ``named'' to an accuracy of at least 1 percent, traceable to NBS or other approved gas 
standards.

[59 FR 48530, Sept. 21, 1994, as amended at 60 FR 34371, June 30, 1995]



Sec. 86.1316-94  Calibrations; frequency and overview.

    (a) Calibrations shall be performed as specified in Sec. Sec. 
86.1318 through 86.1326.
    (b) At least monthly or after any maintenance which could alter 
calibration, the following calibrations and checks shall be performed:
    (1) Calibrate the hydrocarbon analyzer, carbon dioxide analyzer, 
carbon monoxide analyzer, and oxides of nitrogen analyzer (certain 
analyzers may require more frequent calibration depending on the 
equipment and use). New calibration curves need not be generated each 
month if the existing curve meets the requirements of Sec. Sec. 86.1321 
through 86.1324.
    (2) Calibrate the engine dynamometer flywheel torque and speed 
measurement transducers, and calculate the feedback signals to the cycle 
verification equipment.
    (3) Check the oxides of nitrogen converter efficiency.
    (c) At least weekly or after any maintenance which could alter 
calibration, the following checks shall be performed:
    (1) Perform a CVS system verification.
    (2) Check the shaft torque feedback signal at steady-state 
conditions by comparing:
    (i) Shaft torque feedback to dynamometer beam load; or
    (ii) By comparing in-line torque to armature current; or
    (iii) By checking the in-line torque meter with a dead weight per 
Sec. 86.1308(e).
    (d) 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. 86.1319).
    (e) 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.

[[Page 201]]

    (f) For diesel fuel testing only. The carbon monoxide analyzer shall 
be calibrated at least every two months or after any maintenance which 
could alter calibration.

[59 FR 48530, Sept. 21, 1994, as amended at 60 FR 34371, June 30, 1995; 
62 FR 47126, Sept. 5, 1997]



Sec. 86.1318-84  Engine dynamometer system calibrations.

    (a) The engine flywheel torque and engine speed measurement 
transducers shall be calibrated at least once each month with the 
calibration equipment described in Sec. 86.1308-84.
    (b) The engine flywheel torque feedback signals to the cycle 
verification equipment shall be electronically checked before each test, 
and adjusted as necessary.
    (c) Other engine dynamometer system calibrations shall be performed 
as dictated by good engineering practice.
    (d) When calibrating the engine flywheel torque transducer, any 
lever arm used to convert a weight or a force through a distance into a 
torque shall be used in a horizontal position (5 
degrees).
    (e) Calibrated resistors may not be used for engine flywheel torque 
transducer calibration, but may be used to span the transducer prior to 
engine testing.



Sec. 86.1319-90  CVS calibration.

    (a) The CVS is calibrated using an accurate flowmeter and restrictor 
valve. The flowmeter calibration shall be traceable to the NBS, and will 
serve as the reference value (NBS ``true'' value) for the CVS 
calibration. (Note: In no case should an upstream screen or other 
restriction which can affect the flow be used ahead of the flowmeter 
unless calibrated throughout the flow range with such a device.) The CVS 
calibration procedures are designed for use of a ``metering venturi'' 
type flowmeter. Large radius or ASME flow nozzles are considered 
equivalent if traceable to NBS measurements. Other measurement systems 
may be used if shown to be equivalent under the test conditions in this 
section and traceable to NBS measurements. Measurements of the various 
flowmeter parameters are recorded and related to flow through the CVS. 
Procedures used by EPA for both PDP-CVS and CFV-CVS are outlined below. 
Other procedures yielding equivalent results may be used if approved in 
advance by the Administrator.
    (b) After the calibration curve has been obtained, verification of 
the entire system may 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, leaks, or HC hangup). A 
verification procedure is found in paragraph (e) of this section.
    (c) PDP calibration. (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.
    (i) 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.
    (ii) 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 of a specific combination of pump 
parameters.
    (iii) The linear equation which relates the pump flow and the 
correlation function is then determined.
    (iv) 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. Two conditions must be maintained to assure the 
accuracy and integrity of the calibration curve:
    (i) The temperature stability must be maintained during calibration. 
(Flowmeters are sensitive to inlet temperature oscillations; this can 
cause the data points to be scattered. Gradual changes in temperature 
are acceptable as long as they occur over a period of several minutes.)
    (ii) All connections and ducting between the flowmeter and the CVS

[[Page 202]]

pump must be absolutely void of 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 N84-6. 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 measurements and accuracies are 
required:

                                          Calibration Data Measurements
----------------------------------------------------------------------------------------------------------------
                                                                                              Sensor-readout
              Parameter                        Symbol                    Units                  tolerances
----------------------------------------------------------------------------------------------------------------
Barometric pressure (corrected)......  PB                      in. Hg (kPa).............  0.10 in. Hg (0.340
                                                                                           kPa).
Ambient temperature..................  TA                      [deg]F ( [deg]C).........  0.5 [deg]F (0.28
                                                                                           [deg]C).
Air temperature into metering venturi  ETI                     [deg]F ( [deg]C).........  2.0 [deg]F (1.1
                                                                                           [deg]C).
Pressure drop between the inlet and    EDP                     in. H20 (kPa)............  0.05 in H2O (0.012 kPa).
Air flow.............................  QS                      ft\3\/min (m\3\/min).....  0.5% of NBS
                                                                                           ``true'' value.
Air temperature at CVS pump inlet....  PTI                     [deg]F ( [deg]C).........  2.0 [deg]F (1.1
                                                                                           [deg]C).
Pressure depression at CVS pump inlet  PPI                     in. Fluid (kPa)..........  0.13 in. Fluid
                                                                                           (0.055 kPa).
Specific gravity of manometer fluid    Sp.Gr.                  .........................  .
 (1.75 oil).
Pressure head at CVS pump outlet.....  PPO                     in. Fluid (kPa)..........  0.13 in. Fluid
                                                                                           (0.055 kPa).
Air temperature at CVS pump outlet     PTO                     [deg]F ( [deg]C).........  2.0 [deg]F (1.1
                                                                                           [deg]C).
Pump revolutions during test period..  N                       Revs.....................  1 Rev.
Elapsed time for test period.........  t                       sec......................  0.5 sec.
----------------------------------------------------------------------------------------------------------------

    (5) After the system has been connected as shown in Figure N84-6, 
set the variable restrictor in the wide open position and run the CVS 
pump for 20 minutes. Record the calibration data.
    (6) Reset the restrictor valve to a more restricted condition in an 
increment of pump inlet depression 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 (68[deg], 29.92 in. Hg.) 
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:

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) Tp = Pump inlet temperature [deg]R([deg]K) = PTI + 
460 ([deg]R), or = PTI + 273 ([deg]K).
    (E) Pp = Absolute pump inlet pressure, in. Hg. (kPa)
    = PB - PPI(Sp.Gr./13.5955) and
    = PB - PPI for SI units.

Where:
    (F) PB = barometric pressure, in. Hg. (kPa).
    (G) PPI = Pump inlet depression, in. fluid (kPa).
    (H) Sp.Gr. = Specific gravity of manometer fluid.

[[Page 203]]

    (iii) The correlation function at each test point is then calculated 
from the calibration data:
[GRAPHIC] [TIFF OMITTED] TR06OC93.209


Where:
    (A) Xo = correlation function.
    (B) Dp = The pressure differential from pump inlet to 
pump outlet, in. Hg. (kPa).
    = Pe-Pp.
    (C) Pe = Absolute pump outlet pressure, in. Hg. (kPa)
    = PB + PPO (Sp.Gr./13.5955) and
    = PB + PPO for SI units.

Where:
    (D) PPO = Pressure head at pump outlet, in. fluid (kPa).
    (iv) A linear least squares fit is performed to generate the 
calibration equation which has the form:

Vo = Do - M(Xo)

Do and M are the intercept and slope constants, respectively, 
describing the regression line.

    (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 over time 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.
    (d) 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] TR06OC93.210


Where:
    (i) Qs = flow.
    (ii) Kv = calibration coefficient.
    (iii) P = absolute pressure.
    (iv) T = absolute temperature.
    The calibration procedure described in paragraph (d)(3) of this 
section 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              Sensor-readout tolerances
----------------------------------------------------------------------------------------------------------------
Barometric pressure (corrected)....  Pb                 in Hg (kPa)...........  .01 in Hg
                                                                                 (.034
                                                                                 kPa).
Air temperature, into flowmeter....  ETI                [deg]F ([deg]C).......  0.5 [deg]F
                                                                                 (.28
                                                                                 [deg]C).
Pressure drop between the inlet and  EDP                Inches H2O (kPa)......  0.05 in
 throat of metering venturi.                                                     H2O (.012 kPa).
Air flow...........................  Qs                 Ft\3\/min. (m\3\/min).  .5 % of
                                                                                 NBS ``true'' value.
CFV inlet depression...............  PPI                Inches fluid (kPa)....  .13 in
                                                                                 fluid (.055 kPa).
CFV outlet pressure................  PPO                Inches Hg (kPa).......  .05 in Hg
                                                                                 (.17 kPa)
                                                                                 \1\.
Temperature at venturi inlet.......  Tv                 [deg]F ([deg]C).......  4.0 [deg]F
                                                                                 (2.22
                                                                                 [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 N84-7 and eliminate leaks. 
(Leaks between the flow measuring devices 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.

[[Page 204]]

    (6) Vary the flow restrictor and make at least eight 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:
[GRAPHIC] [TIFF OMITTED] TC07JA94.021


Where:
    (A) Qs = Flow rate in standard cubic feet per minute, at 
the standard conditions of 68 [deg]F, 29.92 in Hg (20 [deg]C, 101.3 
kPa).
    (B) Tv = Temperature at venturi inlet, [deg]R([deg]K).
    (C) Pv = Pressure at venturi inlet, in. Hg. (kPA)
     = PB - PPI (Sp.GR./13.5955), and
     = PB - PPI for SI units.

Where:
    (D) PPI = Venturi inlet pressure depression, in. fluid (kPa).
    (E) Sp.Gr. = Specific gravity of manometer fluid.
    (iii) Plot Kv as a function of venturi inlet pressure. 
For choked flow, Kv will have a relatively constant value. As 
pressure decreases (vacuum increases), the venturi becomes unchoked and 
Kv decreases. (See Figure N84-8.)
    (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 
inlet pressure. With this set of calibration data, calculated the 
following CFV pressure ratio limit, Prratio-lim:
[GRAPHIC] [TIFF OMITTED] TR18FE00.024

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] TR18FE00.025

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.
    (e) SSV calibration. (1) The calibration of the SSV located in the 
tunnel shall be conducted in a similar manner as the CFV or PDP 
calibration. Gas flow within the SSV is a function of inlet pressure, 
P1, the inlet temperature, T1, and the pressure 
drop between the throat and the inlet, DP. Note that the following 
procedure is consistent with SAE J244. The calibration procedure 
described in paragraph (e)(3) of this section establishes the values of 
the coefficients at measured values of pressure, temperature and 
airflow.
    (i) The flow rate for a subsonic venturi is calculated as a 
volumetric flow rate (Qs) or a mass flow rate (Qm) 
as follows: or
[GRAPHIC] [TIFF OMITTED] TR18JA01.011

[GRAPHIC] [TIFF OMITTED] TR18JA01.012


[[Page 205]]


Where:

Kq = 0.0021074 (SI units).
Qs = Air Volume Flow, SCFM (m\3\/min).
Qm = Air Mass Flow, lbm/min (kg/min).
[rho]s = Density at Standard Conditions, lbm/ft\3\ (kg/m\3\) 
as specified in paragraph (e)(1)(v) of this section.
[rho]s = Density at inlet conditions, lbm/ft\3\ (kg/m\3\), as 
specified in paragraph (e)(1)(iii) of this section.
Cd = Coefficient of Discharge = Actual Air Flow/Theoretical 
Air Flow.
Y = Expansion factor, as specified in paragraph (e)(1)(ii) of this 
section.
d = Throat diameter, inch (mm).
[beta] = Ratio of venturi throat diameter to approach pipe diameter.
[Delta]P = Pressure drop between inlet and throat, in. H2O 
(kPa).

    (ii) The expansion factor (Y) is calculated as follows:
    [GRAPHIC] [TIFF OMITTED] TR18JA01.013
    
    (iii) The inlet density ([rho]1) is calculated as follows:
    [GRAPHIC] [TIFF OMITTED] TR18JA01.068
    
Where:
Pabs = P1+PB
Tabs = T1 + 2731
Rmix = Ru/[verbar]MWmix
Ru = 8.3144 kJ/kg-mole-K
MWmix = the molecular weight of the mix, as calculated in 
paragraph (e)(1)(iv) of this section.

    (iv) The molecular weight of the mix, is calculated as follows:
    [GRAPHIC] [TIFF OMITTED] TR18JA01.014
    
Where:

PV = Vapor pressure, in Hg (kPa)
MWAIR = 28.964 kg/kg-mole
MWH20 = 18.015 kg/kg-mole

    (v) The density at standard conditions of 101.33 kPa and 20 [deg]C 
is calculated as follows:

[[Page 206]]

[GRAPHIC] [TIFF OMITTED] TR18JA01.015

    (2) The venturi manufacturer's recommended procedure shall be 
followed for calibrating electronic portions of the SSV.
    (3) Measurements necessary for flow calibration of the SSV are as 
follows:

                                          Calibration Data Measurement
----------------------------------------------------------------------------------------------------------------
             Parameter                      Sym                  Units                      Tolerance
----------------------------------------------------------------------------------------------------------------
(i) Barometric pressure (corrected   PB                 in. Hg (kPa)...........  .01in. Hg
 to 32 [deg]F).                                                                   (.034kPa)
(ii) Air temperature, into           ETI                [deg]F ( [deg]C).......  .5 [deg]F
 calibration venturi.                                                             (.28 [deg]C)
(iii) Pressure drop between the      EDP                in. H2O (kPA)..........  .05 in.
 inlet and throat of calibration                                                  H2O (.012kPa)
 venturi (corrected to 68 [deg]F)..
(iv) Air Flow......................  QS                 Std ft\3\/min (m\3\/     5% of
                                                         min).                    NIST ``true'' value
(v) SSV inlet depression...........  P1                 in. H2O (kPa)..........  .23 in.
                                                                                  H2O (.057kPa)
(vi) Pressure drop between the       DP                 in. H2O (kPa)..........  .05 in.
 inlet and throat of SSV.                                                         H2O (.012kPa)
(vii) Water vapor pressure of inlet  PV                 in. Hg (kPa)...........  .10 in.
 air.                                                                             Hg (.34kPa)
(vii) Temperature at SSV inlet.....  T1                 [deg]F ( [deg]C).......  4.0
                                                                                  [deg]F (2.2 [deg]C)
----------------------------------------------------------------------------------------------------------------

    (4) Set up equipment similar to CFV or PDP calibration except the 
variable flow restrictor valve can be deleted or set in the open 
position, and the pressure drop reading device must be added. The 
calibration test must be conducted with the test subsonic venturi in 
place in its permanent position. Any subsequent changes in upstream or 
downstream configuration could cause a shift in calibration. Leaks 
between the calibration metering device and the SSV must be eliminated.
    (5) Adjust the variable flow blower or restrictor valve to its 
maximum in-use flow rate. Allow the system to stabilize and record data 
from all instruments. Be sure to avoid choke condition.
    (6) Vary the flow through a minimum of eight steps covering the 
intended in-use operating range of the SSV.
    (7) Data analyses. If the calibration venturi is used at the tunnel 
inlet (free standing), then assume a value of [beta]=0. If the SSV 
installed in the CVS tunnel, use the actual inside tunnel diameter and 
the throat diameter to compute [beta].
    (i) Assume an initial value for Cd = 0.98 to calculate Qm 
for the calculation of Reynolds number, Re,:
[GRAPHIC] [TIFF OMITTED] TR18JA01.016

Where: [mu] = viscosity of air, centipoise
[GRAPHIC] [TIFF OMITTED] TR18JA01.017

K[mu]=1.458E-3
TK=(T1 [deg]C+273.16)

    (ii) From the initial calibration of the venturi, establish an 
equation of Cd as a function of Re. The following functional forms 
should be reviewed, but a power series, least-squares fit polynomial 
equation may result in the best fit. Many factors involved in the 
installation of SSV and the operating range of the Reynolds number can 
affect the functional relationship of the Cd with Re. Calculate Cd based 
on this initial equation of Re. Compute a final Qm based on 
this calculated Cd for both the calibration nozzle and the inline SSV.
    (8)(i) Compute the percent difference in air flow between the 
calibration venturi and the inline SSV. If the difference in percent of 
point is greater than 1%, compute a new Cd and Re for the in-tunnel 
venturi as follows:

Cdnew=Actual Air Flow/Theoretical Air Flow=Qmact /
    Qmtheo
    [GRAPHIC] [TIFF OMITTED] TR18JA01.018
    
    (ii) Qmact is flow measured by the calibration venturi 
and Qmtheo is the theoretical calculated flow based on the 
in-tunnel SSV conditions with Cd set equal to 1. Renew is 
based on the calibrated venturi flow, but the in-tunnel SSV properties. 
Recalculate a new curve fit of Cdnew for the inline venturi 
as a function of Renew following the

[[Page 207]]

guidelines in paragraph (e)(7) of this section. Agreement of the fit 
should be within 1.0% of point. Install the new Cd curve fit in the test 
cell flow computing device and conduct the propane injection, flow 
verification test.
    (f) 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. 
(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 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 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. 86.1342 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.
    (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 6 percent.)
    (8) 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 these 
specified tolerances 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 14591, Apr. 11, 1989, as amended at 60 FR 34371, June 30, 1995; 
63 FR 24449, May 4, 1998; 65 FR 8279, Feb. 18, 2000; 66 FR 5181, Jan. 
18, 2001]



Sec. 86.1320-90  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:
    (1)(i) Install a calibration device in series with the instrument. A 
critical flow orifice, a bellmouth nozzle, or 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 sample 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

[[Page 208]]

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).
    (7) For double dilution systems, the accuracy of the secondary 
dilution flow measurement device should be within 1.0 percent of the total flow through the filter.
    (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.

[54 FR 14593, Apr. 11, 1989]



Sec. 86.1321-94  Hydrocarbon analyzer calibration.

    The FID hydrocarbon analyzer shall receive the following initial and 
periodic calibration. The HFID used with petroleum-fueled, natural gas-
fueled and liquefied petroleum gas-fueled diesel engines shall be 
operated to a set point 10 [deg]F (5.5 [deg]C) between 365 and 385 [deg]F (185 and 197 
[deg]C). The HFID used with methanol-fueled engines shall be operated at 
235 15 [deg]F (113 8 
[deg]C).
    (a) Initial and periodic optimization of detector response. Prior to 
introduction into service and at least annually thereafter, the FID 
hydrocarbon analyzer shall be adjusted for optimum hydrocarbon response.
    (1) Follow good engineering practices for initial instrument start-
up and basic operating adjustment using the appropriate fuel (see Sec. 
86.1314) and zero-grade air.
    (2) Optimize the FID's response on the most common operating range. 
The response is to be optimized with respect to fuel pressure or flow 
while meeting the analyzer response time given in Sec. 
86.1310(b)(3)(vii)(A) for continuous HC measurement. Efforts shall be 
made to minimize response variations to different hydrocarbon species 
that are expected to be in the exhaust. Good engineering judgement is to 
be used to trade off optimal FID response to propane-in-air against 
reductions in relative responses to other hydrocarbons. A good example 
of trading off response on propane for relative responses to other 
hydrocarbon species is given in Society of Automotive Engineers (SAE) 
Paper No. 770141, ``Optimization of Flame Ionization Detector for 
Determination of Hydrocarbon in Diluted Automotive Exhausts''; author 
Glenn D. Reschke. It is also required that the response be set to 
optimum condition with respect to air flow and sample flow. Heated Flame 
Ionization Detectors (HFIDs) must be at their specified operating 
temperature.
    (3) One of the following procedures is to be used for FID or HFID 
optimization:
    (i) Use the procedures outlined in Society of Automotive Engineers 
(SAE) paper number 770141, ``Optimization of Flame Ionization Detector 
for Determination of Hydrocarbons in Diluted Automobile Exhaust''; 
author, Glenn D. Reschke, as an example. Available from Society of 
Automotive Engineers International, 400 Commonwealth Dr., Warrendale, PA 
15096-0001.
    (ii) The procedure listed in Sec. 86.331-79(c).
    (iii) The procedures specified by the manufacturer of the FID or 
HFID.
    (iv) Alternative procedures may be used if approved in advance by 
the Administrator.

[[Page 209]]

    (4) After the optimum fuel, air and sample pressures or flow rates 
have been determined, they shall be recorded for future reference.
    (b) Initial and periodic calibration. Prior to introduction into 
service and monthly thereafter, the FID or HFID hydrocarbon analyzer 
shall be calibrated on all normally used instrument ranges. Use the same 
flow rate and pressures as when analyzing samples. Calibration gases 
shall be introduced directly at the analyzer, unless the ``overflow'' 
calibration option of Sec. 86.1310(b)(3)(i) for the HFID is taken.
    (1) Adjust analyzer to optimize performance.
    (2) Zero the hydrocarbon analyzer with zero-grade air.
    (3) Calibrate on each used operating range with a minimum of 6, 
approximately equally spaced, propane-in-air calibration gases (e.g., 
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 within 2 percent of the value at each non-zero 
data point and within 0.3 percent of full scale on 
the zero data point, then concentration values may be calculated by 
using the linear calibration equation for that range. If the deviation 
exceeds these limits, then the best-fit non-linear equation which 
represents the data within these limits shall be used to determine 
concentration values.
    (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. 86.1314.
    (1) The bag sample of methanol for analysis in the FID, if used, 
shall be prepared using the apparatus shown in Figure N94-10. 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 
specifications of Sec. 86.1320.

[[Page 210]]

[GRAPHIC] [TIFF OMITTED] TR30JN95.051

    (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 211]]

    (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] TR30JN95.038


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 natural gas-fueled vehicle 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.

[59 FR 48531, Sept. 21, 1994, as amended at 60 FR 34371, June 30, 1995; 
62 FR 47128, Sept. 5, 1997; 70 FR 40438, July 13, 2005]



Sec. 86.1322-84  Carbon monoxide analyzer calibration.

    The NDIR carbon monoxide analyzer shall receive the following 
initial and periodic 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 good engineering practices for instrument start-up 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 more than 3 ppm on ranges below 300 
ppm full scale requires 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 used operating range with a minimum of 6, 
approximately equally spaced, carbon monoxide-in-N2 
calibration gases (e.g., 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 within 2 percent of the 
value at each non-zero data point and within 0.3 
percent of full scale on the zero data point, then concentration values 
may be calculated by using the linear calibration equation for that 
range. If the deviation exceeds these limits, then the best-fit not-
linear equation which represents the data within these limits shall be 
used to determine concentration values.
    (c) The initial and periodic interference, system check, and 
calibration test procedures specified in 40 CFR part 86, subpart D may 
be used in lieu of the procedures specified in this section.

[48 FR 52210, Nov. 16, 1983, as amended at 62 FR 47128, Sept. 5, 1997]



Sec. 86.1323-84  Oxides of nitrogen analyzer calibration.

    The chemiluminescent oxides of nitrogen analyzer shall receive the 
following initial and periodic calibration.

[[Page 212]]

    (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 N84-9 is a reference 
for paragraphs (a) (1) through (11) of this section.
    (1) Follow good engineering practices for instrument start-up 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 213]]

    (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 
paragraph (a)(5) of this section. 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 paragraph (a)(5) of this section. 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 generator 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 paragraph (a)(4) of this section.
    (11) Calculate the efficiency of the NOX converter by 
substituting the concentrations obtained into the following equation:
[GRAPHIC] [TIFF OMITTED] TR06OC93.212

Where:

a = concentration obtained in paragraph (a)(8),
b = concentration obtained in paragraph (a)(9),
c = concentration obtained in paragraph (a)(6),
d = concentration obtained in paragraph (a)(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 used operating range with a minimum of 6, 
approximately equally spaced, NO-in-N2 calibration gases 
(e.g., 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 within 2 percent of the value at each non-zero 
data point and within 0.3 percent of full scale on 
the zero data point, then concentration values may be calculated using 
the linear calibration equation for that range. If the deviation exceeds 
these limits, then the best-fit non-linear equation which represents the 
data within these limits shall be used to determine concentration 
values.
    (c) The initial and periodic interference, system check, and 
calibration test procedures specified in 40 CFR part 86, subpart D, may 
be used in lieu of the procedures specified in this section.
    (d) When testing methanol-fueled engines it may be necessary to 
clean the analyzer frequently to prevent interference with 
NOX measurements (see EPA/60/S3-88/040).

[48 FR 52210, Nov. 16, 1983, as amended at 49 FR 48144, Dec. 10, 1984; 
58 FR 58426, Nov. 1, 1993; 60 FR 34374, June 30, 1995; 62 FR 47129, 
Sept. 5, 1997]



Sec. 86.1323-2007  Oxides of nitrogen analyzer calibration.

    This section describes the initial and periodic calibration of the 
chemiluminescent oxides of nitrogen analyzer.
    (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. The Administrator may 
approve less frequent checks of the converter efficiency. Figure N84-9 
is a reference for paragraphs (a) (1) through (11) of this section.
    (1) Follow good engineering practices for instrument start-up and 
operation. Adjust the analyzer to optimize performance.
    (2) Zero the oxides of nitrogen analyzer with zero-grade nitrogen.

[[Page 214]]

    (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.
    (6) Turn on the NOX generator O2 supply and adjust the O2 
flow rate so that the NO indicated by the analyzer is about 10 percent 
less than indicated in paragraph (a)(5) of this section. 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 by the analyzer is 20 
percent of that measured in paragraph (a)(5) of this section. 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 generator 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 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 
paragraph (a)(4) of this section.
    (11) Calculate the efficiency of the NOX converter by 
substituting the concentrations obtained into the following equation:
[GRAPHIC] [TIFF OMITTED] TR18JA01.019

Where:

a = concentration obtained in paragraph (a)(8) of this section,
b = concentration obtained in paragraph (a)(9) of this section,
c = concentration obtained in paragraph (a)(6) of this section,
d = concentration obtained in paragraph (a)(7) of this section.

    (12) If converter efficiency is not greater than 90 percent, repair 
the analyzer. The repaired analyzer must achieve a converter efficiency 
greater than 90 percent before the analyzer may be used.
    (b) Accuracy. The accuracy at the minimum limit of the 
NOX analyzer is defined in Sec. 86.1338-2007. In general the 
analyzer's minimum limit shall be the lowest concentration within a 
given range, in which it has an accuracy of 2 
percent of point.
    (c) 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 nitrogen 
(N2).
    (3) (i) Calibrate all operating ranges with a minimum of 9 NO-in-N2 
calibration gases (e.g., 10, 20, 30, 40, 50, 60, 70, 80, and 90 percent 
of that range) and one zero-grade N2 gas. Sound engineering judgment 
shall dictate appropriate spacing and weighting of the calibration 
points.
    (ii) For each range calibrated, if all deviations from a least-
squares best-fit straight line are within 2 
percent of the value at each non-zero data point and within 0.3 percent of full scale on the zero data point, then 
concentration values may be calculated using the linear calibration 
equation for that range. If the specified deviations are exceeded for 
ranges that have a minimum limit of 1 ppm or greater, then the best-fit 
non-linear equation that represents the data within these deviations may 
be used to determine concentration values. For ranges that have a 
minimum limit less than 1 ppm, only a linear or second order non-linear 
equation that represents the data within these deviations, may be used 
to determine concentration values.
    (d) Chemiluminescent NOX analyzer interference check 
(i.e., quench check).

[[Page 215]]

Prior to its introduction into service and at least once per year 
thereafter, the quench check described in this section shall be 
performed on CLD NOX analyzers. CO2 and water vapor interfere 
with the response of a CLD by collisional quenching. The combined quench 
effect at their highest expected concentrations shall not exceed 2 
percent.
    (1) CO2 quench check procedure: (i) For the procedure 
described in this paragraph, variations are acceptable provided that 
they produce equivalent %CO2quench results. Connect a 
pressure-regulated CO2 span gas to one of the inlets of a 
three-way valve. Its CO2 concentration should be approximately twice the 
maximum CO2 concentration expected during testing. The valve 
must be leak-free, and its wetted parts must be made of a stainless 
steel or other inert material. Connect a pressure-regulated zero-grade 
N2 gas to the other inlet of the three-way valve. Connect the 
single outlet of the valve to the balance-gas port of a properly 
operating gas divider. Connect a pressure-regulated NO span gas, which 
has approximately twice the typical NO concentration expected during 
testing, to the span-port of the gas divider. Configure the gas divider 
such that nearly equal amounts of the span gas and balance gas are 
blended with each other. Viscosity corrections shall be applied 
appropriately to ensure correct mass flow determinations.
    (ii) With the CO2 flowing to the balance port and the NO 
flowing to the span port, measure a stable CO2 concentration 
from the gas divider's outlet with a properly calibrated NDIR analyzer. 
Record this concentration in percent (%); this is ``%CO2''. 
This value will be used in the water vapor quench check calculations 
that are detailed in the following section. After the %CO2 
measurement, measure the NO concentration at the gas divider outlet with 
the CLD analyzer in the NO mode. Record this concentration in ppm; this 
is ``NOCO2''. Then switch the three-way valve such that 100 
percent N2 flows to the balance port inlet. Monitor the 
CO2 concentration of the gas divider's outlet until its 
concentration stabilizes at zero. Then measure the stable NO 
concentration from the gas divider's outlet. Record this value in ppm; 
this is ``NON2''. Calculate %CO2quench as follows:

%CO2quench = (1.00-(NOCO2/NON2)) x 100

    (2) Water vapor quench check procedure:
    (i) For all dry CLD analyzers it must be demonstrated that for the 
highest expected water vapor concentration (i.e., 
``%H2Oexp'' as calculated later in this section), 
the water removal technique maintains CLD humidity at less than or equal 
to 5 gwater/kgdry air (or about 0.008 percent 
H2O), which is 100% RH at 3.9 [deg]C and 101.3 kPa. This 
humidity specification is also equivalent to about 25% RH at 25 [deg]C 
and 101.3 kPa. This may be demonstrated by measuring the temperature at 
the outlet of a thermal dehumidifier, or by measuring humidity at a 
point just upstream of the CLD. Humidity of the CLD exhaust might also 
be measured as long as the only flow into the CLD is the flow out of the 
dehumidifier.
    (ii) For all ``wet'' CLD analyzers the following water vapor quench 
check procedure shall be followed. Measure an NO span gas, which has 90% 
to 100% of the typical NO expected during testing, using the CLD in the 
NO mode. Record this concentration in ppm; this is ``NOdry''. 
Then bubble the same NO span gas through distilled water in a sealed 
vessel at 25 [deg]C 10 [deg]C. This temperature 
specification imposed to ensure that the H2Ovol 
calculation (refer to (iii) of this section) returns an accurate result. 
To prevent subsequent condensation, this temperature must also be less 
than any temperature that the wetted sample will experience between the 
sealed vessel's outlet and the CLD. Record the vessel's water 
temperature in [deg]C; this is ``Tsat''. Record the vessel's 
absolute pressure in kPa; this is ``Psat''. Measure the 
wetted span gas with the CLD, and record this value in ppm; this is 
``NOwet''.
    (iii) Calculations for water quench must consider dilution of the NO 
span gas with water vapor and scaling of the water vapor concentration 
to that expected during testing.
    (A) Calculate the volume fraction of water vapor in the wetted span 
gas, as H2Ovol = (exp(3.69-(81.28/
Tsat)) + 1.61)/Psat. This calculation approximates 
some of the thermodynamic properties of water

[[Page 216]]

based on the ``1995 Formulation for the Thermodynamic Properties of 
Ordinary Water Substance for General and Scientific Use'', issued by The 
International Association for the Properties of Water and Steam (IAPWS). 
However, this approximation should only be used as prescribed in this 
section because it is an exponential fit that is accurate for data at 25 
[deg]C 10 [deg]C. Then, assuming a diesel fuel 
atomic hydrogen to carbon ratio of 1.8, and an intake and dilution air 
humidity of 75 grains (10.71 gwater/kgdry air or 
54.13 percent RH at 25 [deg]C and 101.3 kPa),
    (B) Calculate the maximum percent water vapor expected during 
testing; as %H2Oexp = (0.90 x %CO2) + 
1.69. %CO2 is the value measured during the %CO2 
quench check.
    (C) Calculate the expected wet concentration of NO in ppm; as 
NOexp = NOdry x (1.00-
H2Ovol)
    (iv) Calculate the percent water vapor quench as:

%H2Oquench = ((NOexp-NOwet)/
    NOexp) x (%H2Oexp/
    H2Ovol)

    (3) Add the %CO2quench and the 
%H2Oquench values. Their sum may not exceed the 
limit set in paragraph (d). If their sum is greater than this limit, 
then the CLD instrument may not be used to perform testing unless it is 
repaired. The analyzer must be shown to pass this quench check after the 
repair before it may be used for testing.

[66 FR 5182, Jan. 18, 2001]



Sec. 86.1324-84  Carbon dioxide analyzer calibration.

    Prior to its introduction into service and monthly thereafter, the 
NDIR carbon dioxide analyzer shall be calibrated as follows:
    (a) Follow good engineering practices for instrument start-up 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 used operating range with a minimum of 6, 
approximately equally spaced, carbon dioxide-in-N2 
calibration or span gases (e.g., 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 within 2 percent 
or less of the value at each non-zero data point and within 0.3 percent of full scale on the zero data point, then 
concentration values may be calculated by using the linear calibration 
equation for that range. If the deviation exceeds these limits, then the 
best-fit non-linear equation which represents the data within these 
limits shall be used to determine concentration values.
    (d) The initial and periodic interference, system check, and 
calibration test procedures specified in 40 CFR part 86, subpart D, may 
be used in lieu of the procedures in this section.

[48 FR 52210, Nov. 16, 1983, as amended at 62 FR 47129, Sept. 5, 1997]



Sec. 86.1325-94  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 used operating range with a minimum of 6, 
approximately equally spaced, CH4 in air calibration gases (e.g., 15, 
40, 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 within 2 percent of the value at each non-zero 
data point and within 0.3 percent of full scale on 
the zero data point, then concentration values may be calculated by 
using the linear calibration equation for that range. If the deviation 
exceeds these limits, then the best-fit non-linear equation which 
represents the data within these limits shall be used to determine 
concentration values.

[59 FR 48531, Sept. 21, 1994, as amended at 62 FR 47129, Sept. 5, 1997]



Sec. 86.1326-90  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

[[Page 217]]

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 14596, Apr. 11, 1989]



Sec. 86.1327-96  Engine dynamometer test procedures; overview.

    (a) The engine dynamometer test procedure is designed to determine 
the brake specific emissions of hydrocarbons, nonmethane hydrocarbons, 
carbon monoxide, oxides of nitrogen, particulate, methanol and 
formaldehyde, as applicable. The test procedure consists of a ``cold'' 
start test following either natural or forced cool-down periods 
described in Sec. Sec. 86.1334 and 86.1335, respectively. A ``hot'' 
start test follows the ``cold'' start test after a hot soak of 20 
minutes. The idle test of subpart P of this part may be run after the 
``hot'' start test. The exhaust emissions are diluted with ambient air 
and a continuous proportional sample is collected for analysis during 
both the cold- and hot-start tests. The composite samples collected are 
analyzed either in bags or continuously for hydrocarbons (HC), methane 
(CH4) carbon monoxide (CO), carbon dioxide (CO2), 
and oxides of nitrogen (NOX), or in sample collection 
impingers for methanol (CH3OH) and sample collection 
impingers (or cartridges) for formaldehyde (HCHO), as applicable. 
Measurement of CH3OH and HCHO may be omitted for 1990 through 
1994 model year methanol-fueled engines when a FID calibrated on 
methanol is used. A bag or continuous sample of the dilution air is 
similarly analyzed for background levels of hydrocarbon, carbon 
monoxide, carbon dioxide, and oxides of nitrogen and, if appropriate, 
methane and/or methanol and/or formaldehyde. In addition, for diesel-
cycle engines, particulates are collected on fluorocarbon-coated glass 
fiber filters or fluorocarbon-based (membrane) filters, and the dilution 
air may be prefiltered.
    (b) Engine torque and rpm command set points shall be issued at 5 
(10 Hz recommended) Hz or greater during both the cold and hot start 
tests. Feedback engine torque and rpm shall be recorded at least once 
every second during the test.
    (c) Using the torque and rpm feedback signals, integrate the brake 
horsepower with respect to time for the cold and hot cycles. This 
produces a brake horsepower-hour value that enables the brake-specific 
emissions to be determined (see Sec. Sec. 86.1342 and 86.1343).
    (d)(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) For gasoline- and methanol-fueled engines, evaporative emission 
canisters must be loaded with fuel vapors and connected to the engine. 
The canisters used for testing must be of the same design as those used 
in engine applications.
    (3) On air-cooled engines, the fan shall be installed.
    (4) Additional accessories (e.g., oil cooler, alternators, air 
compressors, etc.) may be installed or their loading simulated if 
typical of the in-use application.
    (5) The engine may be equipped with a production-type starter.
    (e) Means of engine cooling that will maintain the engine operating 
temperatures (e.g., temperatures of intake air, oil, water, etc.) at 
approximately the same temperature as specified by the manufacturer 
shall be used. An auxiliary fan(s) may be used to maintain engine 
cooling during operation on the dynamometer. Rust inhibitors and 
lubrication additives may be used, up to the levels recommended by the 
additive manufacturer. Antifreeze mixtures and other coolants typical of 
those approved for use by the manufacturer may be used.
    (f) Exhaust system. The exhaust system term shall meet the following 
requirements:
    (1) Gasoline-fueled and methanol-fueled Otto-cycle engines. A 
chassis-type exhaust system shall be used. 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 data showing equivalent performance at another location. The 
catalyst container may be removed during all test sequences prior to the 
practice cycle, and replaced with an equivalent

[[Page 218]]

container having an inactive catalyst support.
    (2) Petroleum-fueled and methanol-fueled diesel engines. Either a 
chassis-type or a facility-type exhaust system or both systems 
simultaneously may be used. If the engine is equipped with an exhaust 
aftertreatment device, the exhaust pipe must be the same diameter as 
found in-use for at least 4 pipe diameters upstream to the inlet of the 
beginning of the expansion section containing the aftertreatment device. 
The exhaust backpressure or restriction shall follow the same criteria 
as in Sec. 86.1330-90(f) and may be set with a valve (muffler omitted). 
The catalyst container may be removed during all test sequences prior to 
the practice cycle, and replaced with an equivalent container having an 
inactive catalyst support.
    (i) The engine exhaust systems shall meet the following 
requirements:
    (A) The total length of the tubing from the exit of the engine 
exhaust manifold, turbocharger outlet or aftertreatment device to the 
primary dilution tunnel shall not exceed 32 feet (9.8 m).
    (B) The initial portion of the exhaust system may consist of a 
typical in-use (i.e., length, diameter, material, etc.) chassis-type 
exhaust system.
    (C) The distance from the exhaust manifold flange(s) or turbocharger 
outlet to any exhaust aftertreatment device shall be the same as in the 
vehicle configuration or within the distance specifications provided by 
the manufacturer.
    (D) For engines which are not equipped with exhaust aftertreatment 
devices, all tubing in excess of 12 feet (3.7 m) from the exit of the 
turbocharger or exhaust manifold shall be insulated. For engines 
equipped with exhaust aftertreatment devices, all tubing after the 
aftertreatment device which is in excess of 12 feet (3.7 m) shall be 
insulated.
    (E) If the tubing is required to be insulated, the radial thickness 
of the insulation must be at least 1.0 inch (25 mm). The thermal 
conductivity of the insulating material must have a value no greater 
than 0.75 BTU-in/hr/ft\2\/ [deg]F (0.065 W/m-K) measured at 700 [deg]F 
(371 [deg]C).
    (F) A smoke meter or other instrumentation may be inserted into the 
exhaust system tubing. If this option is exercised in the insulated 
portion of the tubing, then a minimal amount of tubing not to exceed 18 
inches may be left uninsulated. However, no more than 12 feet (3.66 m) 
of tubing can be left uninsulated in total, including the length at the 
smoke meter.
    (ii) The facility-type exhaust system shall meet the following 
requirements:
    (A) It must be composed of smooth tubing made of typical in-use 
steel or stainless steel. This tubing shall have a maximum inside 
diameter of 6.0 in (15 cm).
    (B) Short sections (altogether not to exceed 20 percent of the 
entire tube length) of flexible tubing at connection points are allowed.

[58 FR 16064, Mar. 24, 1993, as amended at 59 FR 48533, Sept. 21, 1994; 
60 FR 34374, June 30, 1995; 62 FR 47130, Sept. 5, 1997]



Sec. 86.1327-98  Engine dynamometer test procedures; overview.

    Section 86.1327-98 includes text that specifies requirements that 
differ from Sec. 86.1327-96. Where a paragraph in Sec. 86.1327-96 is 
identical and applicable to Sec. 86.1327-98, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.1327-96''.
    (a) through (d)(3) [Reserved]. For guidance see Sec. 86.1327-96.
    (d)(4) Additional accessories (e.g., oil cooler, alternators, air 
compressors, etc.) may be installed or their loading simulated if 
typical of the in-use application. This loading shall be parasitic in 
nature and, if used, shall be applied during all engine testing 
operations, including mapping. The accessory work performed shall not be 
included in the integrated work used in emissions calculations.
    (d)(5) through (f) [Reserved]. For guidance see Sec. 86.1327-96.

[62 FR 47130, Sept. 5, 1997]



Sec. 86.1330-90  Test sequence; general requirements.

    (a) The test sequence shown in Figure N90-10 shows the major steps 
of the test procedure, as follows:

[[Page 219]]

[GRAPHIC] [TIFF OMITTED] TR18JA01.020

    (b) Control of air temperature. (1) The temperature of the CVS 
dilution air shall be maintained at greater than 68 [deg]F (20 [deg]C) 
for Otto cycle engines and between 68 [deg]F and 86 [deg]F (20 [deg]C 
and 30 [deg]C) for diesel cycle engines throughout the test sequence, 
except as permitted by Sec. 86.1335-84.

[[Page 220]]

    (2) For engines with auxiliary emission control devices which sense 
or detect ambient air temperature and operate at 68 [deg]F or higher, 
the test cell ambient air temperature and the temperature of the engine 
intake air shall be maintained at 77 [deg]F 9 
[deg]F (25 [deg]C 5 [deg]C) throughout the test 
sequence. For engines with auxiliary emission control devices which are 
temperature dependent and operate at 68 [deg]F or higher, the 
temperature of the engine intake air shall be maintained at 77 [deg]F 
9 [deg]F (25 [deg]C 5 
[deg]C) throughout the test sequence.
    (3) For engines which are not equipped with temperature dependent 
auxiliary emission control devices, the test cell ambient air 
temperature and the temperature of the engine intake air shall be 
greater than 68 [deg]F (20 [deg]C). No corrections will be made in test 
results or measured engine power if 86 [deg]F (30 [deg]C) is exceeded.
    (4) The only exceptions to these temperatures are as noted in Sec. 
86.1335.
    (5) For engines equipped with an air-to-air intercooler (or any 
other low temperature charge air cooling device) between the 
turbocharger compressor and the intake manifold, the procedure for 
simulating the device in the transient dynamometer test facilities shall 
follow the SAE Recommended Practice J1937, ``Engine Testing with Low 
Temperature Charge Air Cooling System in a Dynamometer Test Cell.''
    (c) No control of ambient air, engine intake or CVS dilution air 
humidity is required (dehumidification of the dilution air prior to 
entering the CVS is allowed).
    (d) The idle test of subpart P may be run after completion of the 
hot start exhaust emission test, if applicable.
    (e) The barometric pressure observed during the generation of the 
maximum torque curve shall not deviate more than 1 in. Hg. from the 
value measured at the beginning of the map. The average barometric 
pressure observed during the exhaust emission test must be within 1 in. 
Hg. of the average observed during the maximum torque curve generation.
    (f) Petroleum-fueled and methanol-fueled diesel engines. (1)(i) Air 
inlet restriction shall be set to a value midway between a clean filter 
and the maximum restriction specified by the manufacturer. The exhaust 
restriction normally shall be set at 80 percent of the manufacturer's 
recommended maximum specified exhaust restriction. The manufacturer 
shall be liable for emission compliance from the minimum in-use 
restrictions to the maximum restrictions specified by the manufacturer 
for that particular engine.
    (ii) Inlet depression and exhaust backpressure shall be set with the 
engine operating at rated speed and wide open throttle, except for the 
case of inlet depression for naturally aspirated engines, which shall be 
set at maximum engine speed and nominal zero load (high idle).
    (iii) The location at which the inlet depression and exhaust 
backpressure is measured shall be specified by the manufacturer.
    (iv) The settings shall take place during the final mode of the 
preconditioning prior to determining the maximum torque curve.
    (2)(i) The temperature of the inlet fuel to the engine shall not 
exceed 110 [deg]F (or 130 [deg]F during the first 10 seconds of the hot 
start test).
    (ii) The pressure of the inlet fuel and the point at which it is 
measured shall be specified by the manufacturer.
    (g) Pre-test engine measurements (e.g., governed petroleum-fueled or 
methanol-fueled diesel engine high idle speed, petroleum-fueled or 
methanol-fueled diesel engine fuel flows, etc.), pre-test engine 
performance checks (e.g., verification of actual rated rpm, etc.) and 
pre-test system calibrations (e.g., inlet and exhaust restrictions, 
etc.) shall be made prior to generation of the maximum torque curve. 
This can be done during engine preconditioning, or at the manufacturer s 
convenience subject to the requirements of good engineering practice.

[54 FR 14597, Apr. 11, 1989, as amended at 60 FR 34374, June 30, 1995; 
62 FR 47131, Sept. 5, 1997; 66 FR 5184, Jan. 18, 2001]



Sec. 86.1332-90  Engine mapping procedures.

    (a) Mount test engine on the engine dynamometer.
    (b) Determine minimum mapping speed. The minimum speed is defined as 
the warm engine curb idle rpm.

[[Page 221]]

    (c) Determine maximum mapping speed per the following methodologies. 
(Note paragraph (d)(1) below.)
    (1) Otto-cycle engines. (i) For ungoverned engines using the 
transient operating cycle set forth in paragraph (f)(1) of appendix I to 
this part, the maximum mapping speed shall be no less than that 
calculated from the following equation:
[GRAPHIC] [TIFF OMITTED] TR06OC93.213


or when a 3.0 percent drop in maximum horsepower occurs, whichever of 
the two is greater
    (ii) For ungoverned engines using the transient operating cycle set 
forth in paragraph (f)(3) of appendix I to this part, the maximum 
mapping shall be no less than that calculated from the following 
equation:
[GRAPHIC] [TIFF OMITTED] TR06OC93.214


or when a 3.0 percent drop in maximum horsepower occurs, whichever of 
the two is greater
    (iii) For governed engines the maximum mapped speed shall be no less 
than either that speed at which the wide-open throttle torque drops off 
to zero, or the maximum speed as calculated for ungoverned engines 
(paragraph (c)(1)(i) of this section)
    (2) Diesel engines. (i) For ungoverned engines, the maximum mapping 
speed shall be no less than that calculated from the following equation:
[GRAPHIC] [TIFF OMITTED] TR06OC93.215


or when a 3.0 drop in horsepower occurs, whichever of the two is greater
    (ii) For governed engines, the maximum mapping speed shall be no 
less than either that speed at which wide-open throttle torque drops off 
to zero, or the maximum speed as calculated for ungoverned engines 
(paragraph (c)(2)(i) of this section).
    (d) Perform an engine power map.
    (1) During engine preparation or warm-up, the engine may be operated 
such that a preliminary estimate of measured rated rpm can be made.
    (2) Otto-cycle engines. (i) For a cold engine, start the engine and 
operate at zero load in accordance with the manufacturer's start-up and 
warm-up procedures for 1 minute 30 seconds.
    (ii) Operate the engine at a torque equivalent to 103 percent of the most recent determination of maximum 
torque for 4 minutes 30 seconds at 2000 rpm.
    (iii) Operate the engine at a torque equivalent to 555 percent of the most recent determination of maximum 
torque for 35 minutes 1 minute at 2000 rpm.
    (iv) Operate the engine at idle (minimum speed).
    (v) Open the throttle fully.
    (vi) While maintaining wide-open throttle and full-load, maintain 
minimum engine speed for at least 15 seconds. Record the average torque 
during the last 5 seconds.

[[Page 222]]

    (vii) In no greater than 10020 rpm increments, 
determine the maximum torque curve from minimum speed to maximum speed. 
Hold each test point for 15 seconds, and record the average torque over 
the last 5 seconds.
    (viii) Alternate mapping technique. In place of paragraphs (d)(2) 
(vi) and (vii) of this section, a continual sweep of rpm is allowed. 
While operating at wide-open throttle, the engine speed is increased at 
an average rate of 8 rpm/sec (1 rpm/sec) from 
minimum speed to maximum speed. Speed and torque points shall be 
recorded at a sample rate of at least one point per second.
    (ix) Recalculate the maximum speed per paragraph (c)(1) (i) or (ii) 
of this section using the measured rated speed derived from the new 
maximum torque curve. If the new maximum speed lies outside the range of 
speeds encompassed by the actual map, then the map shall be considered 
void, and another map will need to be run using the newly derived 
measured rated speed in all calculations.
    (x) For warm engines, the entire warm-up procedure specified in 
paragraphs (d)(2) (i) through (iii) of this section need not be 
repeated. It is sufficient for an engine already at normal operating 
temperatures to be operated at the conditions specified in paragraph 
(d)(2)(iii) of this section until oil and water temperatures are 
stabilized, after which the procedures of paragraph (d)(2) (iv) through 
(vii) of this section may be performed. The oil and water temperatures 
are defined as stabilized if they are maintained within 2 percent of 
point for 2 minutes.
    (3) Diesel engines. (i) If the engine is cold, start and operate at 
free 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 wide-open throttle for 
25 to 30 minutes.
    (iv) Option. The engine may be pre-conditioned by operating 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. This optional 
procedure may be substituted for paragraph (d)(3)(iii) of this section.
    (v) Unload the engine and operate at the curb idle speed.
    (vi) Operate the engine at wide open throttle and minimum engine 
speed. Increase the engine speed at an average rate of 8 rpm/sec (1 rpm/sec) from minimum to maximum speed. Engine speed 
and torque points shall be recorded at a sample rate of at least one 
point per second.
    (vii) Recalculate the maximum speed per paragraph (c)(2) (i) or (ii) 
of this section using the measured rated speed derived from the new 
maximum torque curve. If the new maximum speed lies outside the range of 
speeds encompassed by the actual map, then the map shall be considered 
void. The entire mapping procedure shall be repeated, using the newly 
derived measured rated speed in all calculations.
    (viii) For warm engines, the entire warm-up procedure specified in 
paragraphs (d)(3) (i) through (iv) of this section need not be repeated. 
It is sufficient for an engine already at normal operating temperatures 
to be operated per the requirements of paragraph (d)(3)(iv) of this 
section, after which the procedures of paragraph (d)(3) (v) through (vi) 
of this section may be performed.
    (e) Mapping curve generation--(1) Otto-cycle engines. (i) Fit all 
data points recorded under paragraphs (d)(2) (vi) and (vii) of this 
section (100 rpm increments) with a cubic spline, Akima, or other 
technique approved in advance by the Administrator. The resultant curve 
shall be accurate to within 1.0 ft-lbs of all 
recorded engine torques.
    (ii) All points generated under the continuous rpm sweep by 
paragraphs (d)(2) (vi) and (viii) of this section shall be connected by 
linear interpolation between points.
    (iii) For governed engines, all points above the maximum speed (see 
paragraph (c)(1)(ii) of this section) shall be assigned maximum torque 
values of zero for purposes of cycle generation.
    (iv) For all engines, all speed points below the minimum speed shall 
be assigned a maximum torque value equal to that observed at minimum 
speed for purposes of cycle generation.

[[Page 223]]

    (v) The torque curve resulting from paragraphs (e)(1) (i) through 
(iv) of this section is the mapping curve and will be used to convert 
the normalized torque values in the engine cycle (see paragraph (f)(1) 
of appendix I to this part) to actual torque values for the test cycle.
    (2) Diesel engines. (i) Connect all data points recorded under 
paragraph (d)(3)(vi) of this section using linear interpolation between 
points.
    (ii) For governed engines, all points above the maximum speed (see 
paragraph (c)(2)(ii) of this section) shall be assigned maximum torque 
values of zero for purposes of cycle generation.
    (iii) For all engines, all speed points below the minimum speed 
shall be assigned a maximum torque value equal to that observed at the 
minimum speed for purposes of cycle generation.
    (iv) The torque curve resulting from paragraphs (e)(2) (i) through 
(iii) of this section is the mapping curve and will be used to convert 
the normalized torque values in the engine cycle (see paragraph (f)(2) 
of appendix I to this part) into actual torque values for the test 
cycle.
    (f) Alternate mapping. If a manufacturer believes that the above 
mapping techniques are unsafe or unrepresentative for any given engine 
or engine family, alternate mapping techniques may be used. These 
alternate techniques must satisfy the intent of the specified mapping 
procedures to determine the maximum available torque at all engine 
speeds achieved during the test cycles. Deviations from the mapping 
techniques specified in this section for reasons of safety or 
representativeness shall be reported per Sec. 86.1344(e)(6), along with 
the justification for their use. In no case, however, shall descending 
continual sweeps of rpm be used for governed or turbocharged engines.
    (g) Replicate Tests. An engine need not be mapped before each and 
every cold cycle test. An engine shall be remapped prior to a cold cycle 
test if:
    (1) An unreasonable amount of time has transpired since the last 
map, as determined by engineering judgment, or
    (2) The barometric pressure prior to the start of the cold cycle 
test has changed more than 1 in hg. from the average barometric pressure 
observed during the map, or
    (3) Physical changes or recalibrations have been made to the engine 
which may potentially affect engine performance.

[54 FR 14597, Apr. 11, 1989, as amended at 59 FR 48533, Sept. 21, 1994]



Sec. 86.1333-90  Transient test cycle generation.

    (a) The heavy-duty transient engine cycles for Otto-cycle and diesel 
engines are listed in appendix I ((f) (1), (2) and (3)) to this part. 
These second-by-second listings represent torque and rpm maneuvers 
characteristic of heavy-duty engines. Both rpm and torque are normalized 
(expressed as a percentage of maximum) in these listings.
    (1) To unnormalize rpm, use the following equation:
    [GRAPHIC] [TIFF OMITTED] TR06OC93.216
    

The method of calculating measured rated rpm is detailed in paragraph 
(g) of this section.
    (2) Torque is normalized to the maximum torque at the rpm listed 
with it. Therefore, to unnormalize the torque values in the cycle, the 
maximum torque curve for the engine in question must be used. The 
generation of the maximum torque curve is described in Sec. 86.1332.
    (3) The EPA Engine Dynamometer Schedule for Heavy Duty Diesel 
Engines listed in appendix I (f)(2) contains torque points referred to 
as ``closed rack motoring.'' For reference cycle calculation torque 
points shall take on unnormalized values determined in either of the 
following three ways:

[[Page 224]]

    (i) Negative 40 percent of the positive torque available at the 
associated speed point. The generation of this positive maximum torque 
curve is described in Sec. 86.1332.
    (ii) Map the amount of negative torque required to motor the engine 
between idle and maximum mapping speed and use this map to determine the 
amount of negative torque required at the associated speed point.
    (iii) Determine the amount of negative torque required to motor the 
engine at idle and rated speeds and linearly interpolate using these two 
points.
    (b) Example of the unnormalization procedure. The following test 
point shall be unnormalized:
[GRAPHIC] [TIFF OMITTED] TR06OC93.219


Given the following values:
    Measured Rated rpm = 3800.
    Curb Idle rpm = 600.
    (1) Calculate actual rpm:
    [GRAPHIC] [TIFF OMITTED] TR06OC93.217
    
    [GRAPHIC] [TIFF OMITTED] TR06OC93.218
    
    (2) Determine actual torque: Determine the maximum observed torque 
at 1976 rpm from the maximum torque curve. Then multiply this value 
(e.g., 358 ft-lbs) by 0.82. This results in an actual torque of 294 ft-
lbs.
    (c) Engine speed and torque shall be recorded at least once every 
second during the cold start test and hot start test. The torque and rpm 
feedback signals may be filtered.
    (d) Idle Speed Enhancement Devices (e.g. cold idle, alternator idle, 
etc.). For an engine equipped with an idle speed enhancement device, the 
zero percent speed specified in the engine dynamometer schedules 
(appendix I (f)(1), (f)(2), or (f)(3) to this part) does not apply. The 
idle speed shall be the speed that results from the proper operation of 
the engine's idle speed enhancement device.
    (1) During idle speed enhancement device operation, a manual 
transmission engine shall be allowed to idle at whatever speed is 
required to target a feedback torque equal to zero (using, for example, 
clutch disengagement, speed to torque control switching, software 
overrides, etc.) at those points in appendix I(f)(1), (f)(2), or (f)(3) 
to this part where both reference speed and reference torque are zero 
percent values. For each idle segment that is ten seconds or longer, the 
average feedback torque must be within 10 ft-lbs 
of zero. To allow for transition, up to the first four seconds may be 
deleted from each idle segment calculation.
    (2) During idle speed enhancement device operation, an automatic 
transmission engine shall be allowed to idle at whatever speed is 
required to target a feedback torque equal to CITT (see paragraph (e)(2) 
of this section for definition of CITT) at those points in appendix 
I(f)(1), (f)(2), or (f)(3) to this part where both reference speed and 
reference torque are zero percent values. For each idle segment that is 
ten seconds or longer, the average feedback torque must be within 10 ft-lbs of CITT. To allow for transition, up to the 
first four seconds may be deleted from each idle segment calculation.
    (e) Automatic transmissions. The reference cycles in paragraphs (f) 
(1) and (2) of appendix I to this part shall be altered for test engines 
intended primarily for use with automatic transmissions.
    (1) Zero percent speed for automatic transmission engines is defined 
as curb idle rpm (i.e., in-vehicle, coupled with automatic transmission 
in gear).
    (2) All zero-percent speed, zero-percent torque points (idle points) 
shall be

[[Page 225]]

modified to zero percent speed, Curb Idle Transmission Torque (CITT), 
except as permitted in Sec. 86.1337-90(a)(9). Also, all points with 
speed equal to or less than zero percent and torque less than CITT shall 
be modified to CITT. Motoring torque shall remain unchanged. In order to 
provide a smooth torque transition, all consecutive torque points that 
are between 0 and CITT shall be changed to CITT if the first of these is 
preceded or the last of these is succeeded by idle points. The 
manufacturer's specified CITT shall be based upon that value observed in 
typical applications at the mean of the manufacturers' specified idle 
speed range at stabilized temperature conditions.
    (f) Clutch operation. Manual transmission engines may be tested with 
a clutch. If used, the clutch shall be disengaged at all zero percent 
speeds, zero percent torque points, but may be engaged up to two points 
preceeding a non-zero point, and may be engaged for time segments with 
zero percent speed and torque points of durations less than four 
seconds. (See Sec. 86.1341 for allowances in the cycle validation 
criteria.)
    (g) Measured rated rpm. The measured rated rpm corresponds to the 
100 percent rpm values specified in the reference cycles (paragraphs (f) 
(1) and (2) of appendix I to this part). It is generally intended to 
represent the rpm at which maximum brake horsepower occurs. For the 
purposes of this test sequence, it shall either be defined as the 
manufacturer's specified rated speed, or calculated in the following 
way, whichever yields the higher speed:
    (1) From the maximum torque curve generated per Sec. 86.1332, find 
the maximum observed brake horsepower of the engine.
    (2) Calculate 98 percent of the observed maximum brake horsepower, 
and determine from the maximum torque curve the highest and lowest 
engine rpms at which this brake horsepower is observed.
    (3) The highest and lowest of the 98 percent power rpms represent 
the endpoints of an rpm range. The midpoint of this range shall be 
considered the measured rated rpm for cycle generation purposes.

[54 FR 14599, Apr. 11, 1989, as amended at 62 FR 47131, Sept. 5, 1997; 
63 FR 24449, May 4. 1998; 65 FR 8279, Feb. 18, 2000]



Sec. 86.1333-2010  Transient test cycle generation.

    (a) Generating transient test cycles. The heavy-duty transient 
engine cycles for Otto-cycle and diesel engines are listed in appendix 
I((f) (1), (2) and (3)) to this part. These second-by-second listings 
represent torque and rpm maneuvers characteristic of heavy-duty engines. 
Both rpm and torque are normalized (expressed as a percentage of 
maximum) in these listings.
    (1) To unnormalize rpm, use the following equations:
    (i) For diesel engines:
    [GRAPHIC] [TIFF OMITTED] TR13JY05.001
    
Where:

MaxTestSpeed = the maximum test speed as calculated in 40 CFR part 1065.

    (ii) For Otto-cycle engines:
    [GRAPHIC] [TIFF OMITTED] TR13JY05.002
    
Where:

MaxTestSpeed = the maximum test speed as calculated in 40 CFR part 1065.


[[Page 226]]


    (2) Torque is normalized to the maximum torque at the rpm listed 
with it. Therefore, to unnormalize the torque values in the cycle, the 
maximum torque curve for the engine in question must be used. The 
generation of the maximum torque curve is described in 40 CFR part 1065.
    (b) Example of the unnormalization procedure. Unnormalize the 
following test point, given Maximum Test speed = 3800 rpm and Curb Idle 
Speed = 600 rpm.
[GRAPHIC] [TIFF OMITTED] TR13JY05.003

    (1) Calculate actual rpm:
    [GRAPHIC] [TIFF OMITTED] TR13JY05.004
    
    (2) Determine actual torque: Determine the maximum observed torque 
at 1829 rpm from the maximum torque curve. Then multiply this value 
(e.g., 358 ft-lbs) by 0.82. This results in an actual torque of 294 ft-
lbs.
    (c) Clutch operation. Manual transmission engines may be tested with 
a clutch. If used, the clutch shall be disengaged at all zero percent 
speeds, zero percent torque points, but may be engaged up to two points 
preceding a non-zero point, and may be engaged for time segments with 
zero percent speed and torque points of durations less than four 
seconds. (See 40 CFR 1065.514 for allowances in the cycle validation 
criteria.)
    (d) Determine idle speeds as specified in Sec. 86.1337-2007(a)(9).

[70 FR 40438, July 13, 2005, as amended at 73 FR 37192, June 30, 2008]



Sec. 86.1334-84  Pre-test engine and dynamometer preparation.

    (a) Control system calibration. (1) Before the cold soak or cool 
down:
    (i) Final calibration of the dynamometer and throttle control 
systems may be performed. These calibrations may consist of steady-state 
operations and/or actual practice cycle runs, and must be completed 
before sampling system preconditioning (if applicable).
    (ii) Conduct sampling system preconditioning for diesel engines 
(optional for model years prior to 2007) by operating the engine at a 
condition of rated-speed, 100 percent torque for a minimum of 20 minutes 
while simultaneously operating the CVS and secondary dilution system and 
taking particulate matter emissions samples from the secondary dilution 
tunnel . Particulate sample filters need not be stabilized or weighed, 
and may be discarded. Filter media may be changed during conditioning as 
long as the total sampled time through the filters and sampling system 
exceeds 20 minutes. Flow rates shall be set at the approximate flow 
rates selected for transient testing. Torque shall be reduced from 100 
percent torque while maintaining the rated speed condition as necessary 
to prevent exceeding the maximum sample zone temperature specifications 
of Sec. 86.1310-2007.
    (2) Following sampling system preconditioning cycle, the engine 
shall be cooled per Sec. 86.1335-90.
    (b) [Reserved]

[48 FR 52210, Nov. 16, 1983, as amended at 49 FR 48145, Dec. 10, 1984; 
52 FR 47874, Dec. 16, 1987; 62 FR 47131, Sept. 5, 1997; 66 FR 5186, Jan. 
18, 2001]]



Sec. 86.1335-90  Cool-down procedure.

    (a) This cool-down procedure applies to Otto-cycle and diesel 
engines.
    (b) Engines may be soaked at ambient conditions. No substances or 
fluids may be applied to the engine's internal or external surfaces 
except for water and air as prescribed in paragraphs (c) and (d) of this 
section.
    (c) For water-cooled engines, two types of cooling are permitted:
    (1) Water may be circulated through the engine's water coolant 
system.
    (i) The coolant may be flowed in either direction and at any desired 
flow rate. The thermostat may be removed or blocked open during the 
cool-down but must be restored before the exhaust emissions test begins.

[[Page 227]]

    (ii) The temperature of the circulated or injected water shall be at 
least 10 [deg]C (50 [deg]F). In addition, the temperature of the cooling 
water shall not exceed 30 [deg]C (86 [deg]F) during the last 30 minutes 
of the cool-down.
    (iii) Only water, including the use of a building's standard water 
supply, or the coolant type that is already in the engine (per Sec. 
86.1327-90(e)) is permitted for cool-down purposes.
    (2) Flows of air may be directed at the exterior of the engine.
    (i) The air shall be directed essentially uniformly over the 
exterior surface of the engine at any desired flow rate.
    (ii) The temperature of the cooling air shall not exceed 86 [deg]F 
(30 [deg]C) during the last 30 minutes of the cool-down, but may be less 
than 68 [deg]F (20 [deg]C) at any time.
    (d) For air-cooled engines, only cooling as prescribed in paragraph 
(c)(2) of this section is permitted.
    (e)(1) The cold cycle exhaust emission test may begin after a cool-
down only when the engine oil and water temperatures are stabilized 
between 68 [deg]F and 86 [deg]F (20 [deg]C and 30 [deg]C) for a minimum 
of fifteen minutes.
    (i) These temperature measurements are to be made by temperature 
measurement devices immersed in the sump oil and in the thermostat 
housing or cylinder head cooling circuit, the sensor parts of which are 
not in contact with any engine surface.
    (ii) The flow of oil and water shall be shut off during this 
measurement. Air flow, except as necessary to keep the cell temperature 
between 68 [deg]F and 86 [deg]F (20 [deg]C and 30 [deg]C), shall be shut 
off. No engine oil change is permitted during the test sequence.
    (2) Direct cooling of engine oil through the use of oil coolers or 
heat exchangers is permitted. The cold cycle emission test may begin 
only when the requirements in paragraph (e)(1)(ii) are met.
    (3) Any other means for the direct cooling of the engine oil must be 
approved in advance by the Administrator.
    (f)(1) The cold cycle exhaust emission test for engines equipped 
with exhaust aftertreatment devices may begin after a cool-down only 
when the aftertreatment device is 77 [deg]F 9 
[deg]F (25 [deg]C 5 [deg]C), in addition to the 
temperature restrictions in paragraph (e) of this section. For 
catalysts, this temperature must be measured at the outlet of the 
catalyst bed.
    (2) Exhaust aftertreatment device cool-down may be accomplished in 
whatever manner and using whatever coolant deemed appropriate by proper 
engineering judgment. The aftertreatment device, engine, and exhaust 
piping configurations shall not be separated, altered, or moved in any 
way during the cool-down.
    (g) For engines with auxiliary emission control devices which are 
temperature dependent, the cold start shall not begin until the 
temperature readings of the auxiliary emission control devices are 
stable at 77 [deg]F 9 [deg]F (25 [deg]C 5 [deg]C).
    (h) At the completion of the cool-down all of the general 
requirements specified in Sec. 86.1330, the oil temperature 
specification set forth in paragraph (e) of this section, and the 
catalyst temperature specifications in paragraph (f) of this section 
must be met before the cold cycle exhaust emission test may begin.

[62 FR 47131, Sept. 5, 1997]



Sec. 86.1336-84  Engine starting, restarting, and shutdown.

    (a) The engine shall be started according to the manufacturer's 
recommended starting procedure in the owner's manual, using either a 
production starter motor or the dynamometer. The speed at which the 
engine is cranked (motored) with the dynamometer shall be equal to the 
cranking speed (nominal speed 10 percent) in the 
vehicle with a fully charged battery. The time taken to accelerate the 
engine to cranking speed by the dynamometer shall be equal (nominal 
0.5 seconds) to the time required with a starter 
motor. Motoring by the dynamometer shall be terminated not more than one 
second after the engine starts. The 24 1-second 
free idle period, and declutching if applicable, shall begin when the 
engine is determined to have started.
    (1) Engines equipped with automatic chokes shall be operated 
according to

[[Page 228]]

the manufacturer's operating instructions in the owner's manual, 
including choke setting and ``kick-down'' from cold fast idle.
    (2) Engines equipped with manual chokes shall be operated according 
to the manufacturer's operating instructions in the owner's manual.
    (3) The operator may use the choke, throttle, etc. where necessary 
to keep the engine running.
    (4) 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 
throttle half way and cranking the engine until it starts.
    (b)(1) If the engine does not start after 15 seconds of cranking, 
cranking shall cease and the reason for failure to start shall be 
determined. The gas flow measuring device (or revolution counter) on the 
constant volume sampler (and the hydrocarbon integrator when testing 
diesel-fueled engines) shall be turned off 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 engine shall be 
rescheduled for testing from a cold start.
    (2) If longer cranking times are necessary and recommended to the 
ultimate purchaser, such cranking times may be used in lieu of the 15-
second limit, provided the owner's manual and the service repair manual 
indicate that the longer cranking times are normal.
    (3) If a failure to start occurs during the cold portion of the test 
and is caused by an engine malfunction, corrective action of less than 
30 minutes duration may be taken (according to Sec. 86.084-25), and the 
test continued. The sampling system shall be reactivated at the same 
time cranking begins. When the engine starts, the timing sequence shall 
begin. If failure to start is caused by engine malfunction and the 
engine cannot be started, the test shall be voided and corrective action 
may be taken according to Sec. 86.084-25.
    (4) If a failure to start occurs during the hot start portion of the 
test and is caused by engine malfunction, the engine must be started 
within one minute of key on. The sampling system shall be reactivated at 
the same time cranking begins. When the engine starts, the transient 
engine cycle timing sequence shall begin. If the engine cannot be 
started within one minute of key on, the test shall be voided, 
corrective action taken (according to Sec. 86.084-25), and the engine 
rescheduled for testing.
    (c) Engine stalling. (1) If the engine stalls during the initial 
idle period of either the cold or hot start test, the engine shall be 
restarted immediately using the appropriate cold or hot starting 
procedure and the test continued.
    (2) If the engine stalls anywhere in the cold cycle, except in the 
initial idle period, the test shall be voided.
    (3) If the engine stalls on the hot cycle portion of the test at any 
time other than the initial idle, the engine may be shut off and 
resoaked for 20 minutes. The hot cycle may then be rerun. Only one hot 
start resoak and restart is permitted.
    (d) Engine shutdown. Engine shutdown shall be performed in 
accordance with manufacturer's specifications.
    (e) Test equipment malfunction--(1) Gasoline- and methanol-fueled 
engines. If a malfunction occurs in any of the required test equipment 
during the test run, the test shall be voided.
    (2) Diesel-fueled, natural gas-fueled and liquefied petroleum gas-
fueled engines. (i) If a malfunction occurs in any of the required test 
equipment during the cold cycle portion of the test, the test shall be 
voided.
    (ii) If a malfunction occurs in any of the required test equipment 
(computer, gaseous emissions analyzer, etc.) during the hot cycle 
portion of the test, complete the full engine cycle before engine shut-
down then resoak for 20 minutes.
    (A) If the test equipment malfunction can be corrected before the 
resoak period has been completed, the hot cycle portion of the test may 
be rerun.
    (B)(1) If the test equipment malfunction is corrected after the 
completion of the resoak period, then the preconditioning cycle must be 
run before the hot cycle. This consists of a full 20 minute transient 
cycle followed by a 20 minute soak and then the for-record hot cycle.

[[Page 229]]

    (2) In no case can the start of the cold cycle and the start of the 
hot cycle be separated by more than 4 hours.

(Secs. 202, 203, 206, 207, 208, 301a, Clean Air Act, as amended; 42 
U.S.C. 7521, 7522, 7525, 7541, 7542, 7601a)

[48 FR 52210, Nov. 16, 1983, as amended at 49 FR 48145, Dec. 10, 1984; 
50 FR 10694, Mar. 15, 1985; 52 FR 47874, Dec. 16, 1987; 58 FR 16065, 
Mar. 24, 1993; 59 FR 48533, Sept. 21, 1994]



Sec. 86.1337-96  Engine dynamometer test run.

    (a) The following steps shall be taken for each test:
    (1) Prepare for the cold-start test. (i) For gasoline- and methanol-
fueled engines only, evaporative emission canisters shall be prepared 
for use in this testing in accordance with the procedures specified in 
Sec. 86.1232-96 (h) or (j). The size of the canisters used for testing 
shall correspond with the largest canister capacity expected in the 
range of vehicle applications for each engine. The Administrator may, at 
his discretion, use a smaller canister capacity. Attach the evaporative 
emission canister(s) to the engine, using the canister purge plumbing 
and controls employed in vehicle applications of the engine being 
tested. Plug the canister port that is normally connected to the fuel 
tank.
    (ii) Prepare the engine, dynamometer, and sampling system.
    (iii) Change filters, etc., and leak check as necessary. For a 
single dilution particulate system, a propane check will not reveal a 
pressure side leak (that portion of the system downstream of the pump) 
since the volume concentration in ppm will not change if a portion of 
the sample is lost. A separate leak check is needed. A leak check of a 
filter assembly that has only one seal ring in contact with the filter 
media will not detect a leak when tested under vacuum. A pressure leak 
test should be performed.
    (2) Connect evacuated sample collection bags to the dilute exhaust 
and dilution air sample collection systems.
    (3) For methanol-fueled vehicles, install fresh methanol and 
formaldehyde impingers (or cartridges) in the exhaust and dilution air 
sample systems for methanol and formaldehyde. A single dilution air 
sample covering the total test period may be utilized for methanol and 
formaldehyde background. (Background measurements of methanol and 
formaldehyde may be omitted and concentrations assumed to be zero for 
calculations in Sec. 86.1344.)
    (4) Attach the CVS to the engine exhaust system any time prior to 
starting the CVS.
    (5) Start the CVS (if not already on), the sample pumps (except for 
the particulate sample pump(s), if applicable), the engine cooling 
fan(s), and the data collection system. The heat exchanger of the 
constant volume sampler (if used), and the heated components of any 
continuous sampling system(s) (if applicable) shall be preheated to 
their designated operating temperatures before the test begins. (See 
Sec. 86.1340(e) for continuous sampling procedures.)
    (6) Adjust the sample flow rates to the desired flow rates and set 
the CVS gas flow measuring devices to zero. CFV-CVS sample flow rate is 
fixed by the venturi design.
    (7) For diesel engines tested for particulate emissions, carefully 
install a clean particulate sample filter into each of the filter 
holders and install the assembled filter holders in the sample flow line 
(filter holders may be preassembled).
    (8) Follow the manufacturer's choke and throttle instructions for 
cold starting. Simultaneously start the engine and begin exhaust and 
dilution air sampling. For petroleum-fueled diesel engines (and natural 
gas-fueled, liquified petroleum gas-fueled or methanol-fueled diesels, 
if used) turn on the hydrocarbon and NOX (and CO and 
CO2. if continuous) analyzer system integrators (if used), 
and turn on the particulate sample pumps and indicate the start of the 
test on the data collection medium.
    (9) As soon as it is determined that the engine is started, start a 
``free idle'' timer. Allow the engine to idle freely with no-load for 
241 seconds. This idle period for automatic 
transmission engines may be interpreted as an idle speed in neutral or 
park. All other idle conditions shall be interpreted as an idle speed in 
gear. It is permissible to lug the engine down to

[[Page 230]]

curb idle speed during the last 8 seconds of the free idle period for 
the purpose of engaging dynamometer control loops.
    (10) Begin the transient engine cycles such that the first non-idle 
record of the cycle occurs at 251 seconds. The 
free idle time is included in the 251 seconds.
    (i) During diesel particulate sampling it must be demonstrated that 
the ratio of main tunnel flow to particulate sample flow does not change 
by more than 5.0 percent of its set point value 
(except for the first 10 seconds of sampling). For double dilution 
operation, sample flow is the net difference between the flow rate 
through the sample filters and the secondary dilution air flow rate.
    (ii) Record the average temperature and pressure at the gas meter(s) 
or flow instrumentation inlet, where needed to calculate flow. 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 and/or a larger diameter filter.
    (11) Begin the transient engine cycles such that the first non-idle 
record of the cycle occurs at 251 seconds. The 
free idle time is included in the 251 seconds.
    (12) On the last record of the cycle, cease sampling. Immediately 
turn the engine off and start a hot-soak timer. Also turn off the 
particulate sample pumps, the gas flow measuring device(s) and any 
continuous analyzer system integrator and indicate the end of the test 
on the data collection medium. Sampling systems should continue to 
sample after the end of the test cycle until system response times have 
elapsed.
    (13) Immediately after the engine is turned off, turn off the engine 
cooling fan(s) if used, and the CVS blower (or disconnect the exhaust 
system from the CVS). As soon as possible, transfer the ``cold start 
cycle'' exhaust and dilution air bag samples to the analytical system 
and process the samples according to Sec. 86.1340. A stabilized reading 
of the exhaust sample on all analyzers shall be obtained within 20 
minutes of the end of the sample collection phase of the test. Analysis 
of the methanol and formaldehyde samples shall be obtained within 24 
hours of the end of the sample collection period. For petroleum-fueled 
and methanol-fueled diesel engines, carefully remove the filter holder 
from the sample flow apparatus, remove each particulate sample filter 
from its holder and invert the secondary filter and place it stain side 
to stain side on top of the primary filter. Place the filter pair in a 
petri dish and cover.
    (14) Allow the engine to soak for 201 minutes.
    (15) Prepare the engine and dynamometer for the hot start test.
    (16) Connect evacuated sample collection bags to the dilute exhaust 
and dilution air sample collection systems.
    (17) Install fresh methanol and formaldehyde impingers (or capsules) 
in the exhaust and dilution air sample systems for methanol and 
formaldehyde.
    (18) Start the CVS (if not already on) or connect the exhaust system 
to the CVS (if disconnected). Start the sample pumps (except the 
particulate sample pump(s), if applicable), the engine cooling fan(s) 
and the data collection system. The heat exchanger of the constant 
volume sampler (if used) and the heated components of any continuous 
sampling system(s) (if applicable) shall be preheated to their 
designated operating temperatures before the test begins. See Sec. 
86.1340(e) for continuous sampling procedures.
    (19) Adjust the sample flow rates to the desired flow rate and set 
the CVS gas flow measuring devices to zero.
    (20) For diesel engines tested for particulate, carefully install a 
clean particulate filter in each of the filter holders and install 
assembled filter holders in the sample flow line (filter holders may be 
preassembled).
    (21) Follow the manufacturer's choke and throttle instruction for 
hot starting. Simultaneously start the engine and begin exhaust and 
dilution air sampling. For diesel engines, turn on the hydrocarbon and 
NOX (and CO and CO2. if continuous) analyzer 
system integrator (if used), indicate the start of the test on the data 
collection medium, and turn on the particulate sample pump(s).

[[Page 231]]

    (22) As soon as it is determined that the engine is started, start a 
``free idle'' timer.
    (23) Allow the engine to idle freely with no-load for 241 seconds. The provisions and interpretations of 
paragraph (a)(9) of this section apply.
    (24) Begin the transient-engine cycle such that the first non-idle 
record of the cycle occurs at 251 seconds. The 
free idle is included in the 251 seconds.
    (25) On the last record of the cycle, allow sampling system response 
times to elapse and cease sampling. Turn off the particulate sample 
pump(s) (if appropriate), the gas flow measuring device(s) and any 
continuous analyzer system integrator and indicate the end of the test 
on the data collection medium.
    (26) As soon as possible, transfer the ``hot start cycle'' exhaust 
and dilution air bag samples to the analytical system and process the 
samples according to Sec. 86.1340. A stabilized reading of the exhaust 
sample on all analyzers shall be obtained within 20 minutes of the end 
of the sample collection phase of the test. Analyze the methanol and 
formaldehyde samples within 24 hours. (If it is not possible to perform 
analysis within 24 hours, the samples should be stored in a cold 
(approximately 0 [deg]C) dark environment until analysis can be 
performed). For petroleum-fueled and methanol-fueled diesel engines, 
carefully remove the assembled filter holder from the sample flow lines 
and remove each particulate sample filter from its holder and invert the 
secondary filter and place it stain side to stain side on top of the 
primary filter. Place the filter pairs in a clean petri dish and cover 
as soon as possible. Within 1 hour after the end of the hot start phase 
of the test, transfer the particulate filters to the weighing chamber 
for post-test conditioning.
    (27) The CVS and the engine may be turned off, if desired.
    (b) The procedure in paragraph (a) of this section is designed for 
one sample bag for the cold start portion and one for the hot start 
portion. It is also permissible to use more than one sample bag per test 
portion.
    (c) If a dynamometer test run is determined to be void, corrective 
action may be taken. The engine may then be allowed to cool (naturally 
or forced) and the dynamometer test rerun per paragraph (a) or (b) of 
this section.

[58 FR 16065, Mar. 24, 1993, as amended at 59 FR 48533, Sept. 21, 1994; 
60 FR 34375, June 30, 1995; 62 FR 47133, Sept. 5, 1997]



Sec. 86.1337-2007  Engine dynamometer test run.

    (a) The following steps shall be taken for each test:
    (1) Prepare for the cold-start test.
    (i) For gasoline- and methanol-fueled engines only, evaporative 
emission canisters shall be prepared for use in this testing in 
accordance with the procedures specified in Sec. 86.1232-96 (h) or (j). 
The size of the canisters used for testing shall correspond with the 
largest canister capacity expected in the range of vehicle applications 
for each engine. (The Administrator may, at his/her discretion, use a 
smaller canister capacity.) Attach the evaporative emission canister(s) 
to the engine, using the canister purge plumbing and controls employed 
in vehicle applications of the engine being tested. Plug the canister 
port that is normally connected to the fuel tank.
    (ii) Prepare the engine, dynamometer, and sampling system.
    (iii) Change filters, etc., and leak check as necessary.
    (2) Connect evacuated sample collection bags to the dilute exhaust 
and dilution air sample collection systems if bag sampling is used.
    (3) For methanol-fueled vehicles, install fresh methanol and 
formaldehyde impingers (or cartridges) in the exhaust and dilution air 
sample systems for methanol and formaldehyde. A single dilution air 
sample covering the total test period may be utilized for methanol and 
formaldehyde background. (Background measurements of methanol and 
formaldehyde may be omitted and concentrations assumed to be zero for 
calculations in Sec. 86.1344.)
    (4) Attach the CVS to the engine exhaust system any time prior to 
starting the CVS.
    (5) Start the CVS (if not already on), the sample pumps (except for 
the particulate sample pump(s), if applicable), the engine cooling 
fan(s), and the data collection system. The heat exchanger of the 
constant volume sampler (if

[[Page 232]]

used), and the heated components of any continuous sampling system(s) 
(if applicable) shall be preheated to their designated operating 
temperatures before the test begins. (See Sec. 86.1340(e) for 
continuous sampling procedures.)
    (6) Adjust the sample flow rates to the desired flow rates and set 
the CVS gas flow measuring devices to zero. CFV-CVS sample flow rate is 
fixed by the venturi design.
    (7) For engines tested for particulate emissions, carefully install 
a clean, loaded particulate sample filter cartridge into the filter 
holder assembly. It is recommended that this be done within the filter 
stabilization environment, with both ends of the filter holder assembly 
plugged during transport to the emissions test facility. Install the 
assembled filter holder into the sample flow line.
    (8) Follow the manufacturer's instructions for cold starting. 
Simultaneously start the engine and begin exhaust and dilution air 
sampling. For petroleum-fueled diesel engines (and natural gas-fueled, 
liquified petroleum gas-fueled or methanol-fueled diesels, if used) Turn 
on the hydrocarbon and NOX (and CO and CO2. if 
continuous) analyzer system integrators (if used), and turn on the 
particulate sample pumps and indicate the start of the test on the data 
collection medium.
    (9) Allow the engine to idle freely with no-load for 241 seconds. This idle period for automatic transmission 
engines may be interpreted as an idle speed in neutral or park. All 
other idle conditions shall be interpreted as an idle speed in gear. It 
is permissible to lug the engine down to curb idle speed during the last 
8 seconds of the free idle period for the purpose of engaging 
dynamometer control loops.
    (10) Begin the transient engine cycles such that the first non-idle 
record of the cycle occurs at 251 seconds. The 
free idle time is included in the 251 seconds.
    (i) During particulate sampling it must be demonstrated that the 
ratio of main tunnel flow to particulate sample flow does not change by 
more than 5.0 percent of its set point value 
(except for the first 10 seconds of sampling). For double dilution 
operation, sample flow is the net difference between the flow rate 
through the sample filters and the secondary dilution air flow rate.
    (ii) Record flow. 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 sample flow rate or greater 
dilution.
    (11) Begin the transient engine cycles such that the first non-idle 
record of the cycle occurs at 251 seconds. The 
free idle time is included in the 251 seconds.
    (12) On the last record of the cycle, cease sampling. Immediately 
turn the engine off and start a hot-soak timer. Also turn off the 
particulate sample pumps, the gas flow measuring device(s) and any 
continuous analyzer system integrator and indicate the end of the test 
on the data collection medium. Sampling systems should continue to 
sample after the end of the test cycle until system response times have 
elapsed.
    (13) Immediately after the engine is turned off, turn off the engine 
cooling fan(s) if used. As soon as possible, transfer the ``cold start 
cycle'' exhaust and dilution air bag samples to the analytical system 
and process the samples according to Sec. 86.1340. A stabilized reading 
of the exhaust sample on all analyzers shall be obtained within 20 
minutes of the end of the sample collection phase of the test. Analysis 
of the methanol and formaldehyde samples shall be obtained within 24 
hours of the end of the sample collection period. For particulate 
measurements, carefully remove the filter holder from the sample flow 
apparatus
    (14) Allow the engine to soak for 201 minutes.
    (15) Prepare the engine and dynamometer for the hot start test.
    (16) Connect evacuated sample collection bags to the dilute exhaust 
and dilution air sample collection systems.
    (17) Install fresh methanol and formaldehyde impingers (or capsules) 
in the exhaust and dilution air sample systems for methanol and 
formaldehyde.
    (18) Start the sample pumps (except the particulate sample pump(s), 
if applicable), the engine cooling fan(s) and the data collection 
system. The heat

[[Page 233]]

exchanger of the constant volume sampler (if used) and the heated 
components of any continuous sampling system(s) (if applicable) shall be 
preheated to their designated operating temperatures before the test 
begins. See Sec. 86.1340(e) for continuous sampling procedures.
    (19) Adjust the sample flow rates to the desired flow rate and set 
the CVS gas flow measuring devices to zero.
    (20) For diesel engines tested for particulate, carefully install a 
clean, loaded particulate sample filter cartridge in the filter holder 
assembly and install the filter holder assembly in the sample flow line.
    (21) Follow the manufacturer's choke and throttle instruction for 
hot starting. Simultaneously start the engine and begin exhaust and 
dilution air sampling. For diesel engines, turn on the hydrocarbon and 
NOX (and CO and CO2, if continuous) analyzer system 
integrator (if used), indicate the start of the test on the data 
collection medium, and turn on the particulate sample pump(s).
    (22) [Reserved]
    (23) Allow the engine to idle freely with no-load for 241 seconds. The provisions and interpretations of 
paragraph (a)(9) of this section apply.
    (24) Begin the transient-engine cycle such that the first non-idle 
record of the cycle occurs at 251 seconds. The 
free idle is included in the 251 seconds.
    (25) On the last record of the cycle, allow sampling system response 
times to elapse and cease sampling. Turn off the particulate sample 
pump(s) (if appropriate), the gas flow measuring device(s) and any 
continuous analyzer system integrator and indicate the end of the test 
on the data collection medium.
    (26) As soon as possible, transfer the ``hot start cycle'' exhaust 
and dilution air bag samples to the analytical system and process the 
samples according to Sec. 86.1340. A stabilized reading of the exhaust 
sample on all analyzers shall be obtained within 20 minutes of the end 
of the sample collection phase of the test. Analyze the methanol and 
formaldehyde samples within 24 hours. (If it is not possible to perform 
analysis within 24 hours, the samples should be stored in a cold 
(approximately 0 deg.C) dark environment until analysis can be 
performed). For particulate measurements, carefully remove the filter 
holder assembly. It is recommended that the filter cartridge be 
transferred to and from the filter stabilization environment within the 
filter holder assembly with both ends plugged, and that the cartridge be 
removed from the filter holder assembly within the stabilization 
environment. Transfer the particulate filter to the stabilization 
environment for post-test stabilization. Filters may be stabilized in 
the petri dishes while still within the filter cartridges, or the 
cartridge tops may be removed for stabilization, or the filters may be 
entirely removed from the filter cartridges and stabilized in the petri 
dishes alone. Removal of the filters from the filter cartridges shall 
only take place within the stabilization environment.
    (27) The CVS and the engine may be turned off, if desired.
    (b) The procedure in paragraph (a) of this section is designed for 
one sample bag for the cold start portion and one for the hot start 
portion.
    (c) If a dynamometer test run is determined to be void, corrective 
action may be taken. The engine may then be allowed to cool (naturally 
or forced) and the dynamometer test rerun.

[66 FR 5186, Jan. 18, 2001]



Sec. 86.1338-84  Emission measurement accuracy.

    (a) Measurement accuracy--Bag sampling. (1) Good engineering 
practice dictates that exhaust emission sample analyzer readings below 
15 percent of full scale chart deflection should generally not be used.
    (2) Some high resolution read-out systems such as computers, data 
loggers, etc., can provide sufficient accuracy and resolution below 15 
percent of full scale. Such systems may be used provided that additional 
calibrations of at least 4 non-zero nominally equally spaced points, 
using good engineering judgement, below 15 percent of full scale are 
made to ensure the accuracy of the calibration curves.
    (3) The following procedure shall be followed:

[[Page 234]]

    (i) Span the analyzer using a calibration gas that meets the 
accuracy requirements of Sec. 86.1314-84(f)(2), is within the operating 
range of the analyzer and at least 90% of full scale.
    (ii) Generate calibration data over the full concentration range at 
a minimum of 6, approximately equally spaced, points (e.g. 15, 30, 45, 
60, 75 and 90 percent of the range of concentrations provided by the gas 
divider). If a gas divider or blender is being used to calibrate the 
analyzer and the requirements of paragraph (a)(2) of this section are 
met, verify that a second calibration gas with a concentration between 
10 and 20 percent of full scale can be named within 2 percent of its 
certified concentration. If more calibration points are needed to meet 
the requirements of paragraph (a)(2) of this section, continue with 
paragraph (a)(3)(iii) of this section.
    (iii) If a gas divider or blender is being used to calibrate the 
analyzer, input the value of a second calibration gas (a span gas may be 
used for calibrating a CO2 analyzer) having a named 
concentration between 10 and 20 percent of full scale. This gas shall be 
included on the calibration curve. Continue adding calibration points by 
dividing this gas until the requirements of paragraph (a)(2) of this 
section are met.
    (iv) Fit a calibration curve per Sec. Sec. 86.1321 through 86.1324 
for the full scale range of the analyzer using the calibration data 
obtained with both calibration gases.
    (b) Measurement accuracy--Continuous sampling. (1) Analyzers used 
for continuous analysis must be operated such that the measured 
concentration falls between 15 and 100 percent of full scale chart 
deflection. Exceptions to these limits are:
    (i) Analyzer response less than 15 percent or more than 100 percent 
of full scale may be used if automatic range change circuitry is used 
and the limits for range changes are between 15 and 100 percent of full 
scale chart deflection;
    (ii) Analyzer response less than 15 percent of full scale may be 
used if one of the following is true:
    (A) Alternative (a)(2) of this section is used to ensure that the 
accuracy of the calibration curve is maintained below 15 percent; or
    (B) The full scale value of the range is 155 ppm (C) or less.
    (iii) Analyzer response over 100% of full scale may be used if it 
can be shown that readings in this range are accurate.
    (iv) The HC and CO readings are allowed to ``spike'' above full 
scale of the analyzer's maximum operating range for a maximum 
accumulation of 5 seconds. These analyzer readings shall default to the 
maximum readable value during this time.
    (c) If a gas divider is used, the gas divider shall conform to the 
accuracy requirements specified in Sec. 86.1314-84(g), and shall be 
used according to the procedures contained in (a) and (b) of this 
section.

[62 FR 47133, Sept. 5, 1997]



Sec. 86.1338-2007  Emission measurement accuracy.

    (a) Minimum limit. (1) The minimum limit of an analyzer must be 
equal to or less than one-half of the average diluted concentration for 
an engine emitting the maximum amount of the applicable pollutant 
allowed by the applicable standard. For example, if with a given 
dilution and sampling system, an engine emitting NOX at the 
level of the standard (e.g., 0.20 g/bhp-hr NOX) would result 
in an average NOX concentration of 1.0 ppm in the diluted 
sample, then the minimum limit for the NOX analyzer must be 
less than or equal to 0.5 ppm.
    (2) For the purpose of this section, ``minimum limit'' means the 
lowest of the following levels:
    (i) The lowest NOX concentration in the calibration curve 
for which an accuracy of 2 percent of point has 
been demonstrated as specified in paragraph (a)(3) of this section; or
    (ii) Any NOX concentration for which the test facility 
has demonstrated sufficient accuracy to the Administrator's satisfaction 
prior to the start of testing, such that it will allow a meaningful 
determination of compliance with respect to the applicable standard.
    (3) For determination of the analyzer's minimum limit, a 
NOX concentration that is less than or equal to

[[Page 235]]

one-half of the average NOX concentration determined in 
paragraph (a)(1) of this section shall be measured by the oxides of 
nitrogen analyzer following the analyzer's monthly periodic calibration. 
This measurement must be made to ensure the accuracy of the calibration 
curve to within 2 percent of point accuracy of the 
appropriate least-squares fit, at less than or equal to one half of the 
average expected diluted NOX concentration determined in 
paragraph (a)(1) of this section.
    (b) Measurement accuracy--Bag sampling. Analyzers used for bag 
analysis must be operated such that the measured concentration falls 
between 15 and 100 percent of full scale, with the following exception: 
concentrations below 15 percent of full scale may be used if the minimum 
limit of the analyzer within the range meets the requirement of 
paragraph (a) of this section.
    (c) Measurement accuracy--Continuous measurement. (1) Analyzers used 
for continuous analysis must be operated such that the measured 
concentration falls between 15 and 100 percent of full scale, with the 
following exceptions:
    (i) Concentrations below 15 percent of full scale may be used if the 
minimum limit of the analyzer within the range meets the requirement of 
paragraph (a) of this section.
    (ii) Analyzer response over 100% of full scale may be used if it can 
be shown that readings in this range are accurate.
    (2) If the analyzer response exceeds the level allowed by paragraph 
(c)(1)(ii) of this section, the test must be repeated using a higher 
range and both results must be reported. The Administrator may waive 
this requirement.
    (d) If a gas divider is used, the gas divider shall conform to the 
accuracy requirements specified in Sec. 86.1314-84(g), and shall be 
used according to the procedures contained in paragraphs (a) and (b) of 
this section.

[66 FR 5187, Jan. 18, 2001]



Sec. 86.1339-90  Particulate filter handling and weighing.

    (a) At least 1 hour before the test, place a filter pair in a closed 
(to eliminate dust contamination) but unsealed (to permit humidity 
exchange) petri dish and place in a weighing chamber meeting the 
specifications of Sec. 86.1312 for stabilization.
    (b) At the end of the stabilization period, weigh each filter pair 
on a balance having a precision of 20 micrograms and a readability of 10 
micrograms. This reading is the tare weight of the filter pair and must 
be recorded (see Sec. 86.1344(e)(18)).
    (c) The filter pair shall then be stored in a covered petri dish or 
a sealed filter holder, either of which shall remain in the weighing 
chamber until needed for testing.
    (d) If the filter pair is not used within 1 hour of its removal from 
the weighing chamber, it must be re-weighed before use. This limit of 1 
hour may be replaced by an 8-hour limit if either of the following three 
conditions are met:
    (1) A stabilized filter pair is placed and kept in a sealed filter 
holder assembly with the ends plugged; or
    (2) A stabilized filter pair is placed in a sealed filter holder 
assembly, which is then immediately placed in a sample line through 
which there is no flow; or
    (3) A combination of the conditions specified in paragraphs (d) (1) 
and (2) of this section.
    (e) After the emissions test, remove the filters from the filter 
holder and place them face to face in a covered but unsealed petri dish. 
They must then be conditioned in the weighing chamber for at least one 
hour. The filters are then weighed as a pair. This reading is the gross 
weight of the filters (Pf) and must be recorded (see Sec. 86.1344-
90(e)(19)).
    (f) The net particulate weight (Pf) on each filter pair is the gross 
weight minus the tare weight. Should the sample on the filters (exhaust 
or background) contact the petri dish or any other surface, the test is 
void and must be rerun.
    (g) Static neutralizers shall be used on petri dishes in accordance 
with good engineering judgement.
    (h)This section does not apply for tests conducted according to the 
provisions of Sec. 86.1312-2007.

[62 FR 47134, Sept. 5, 1997, as amended at 66 FR 5187, Jan. 18, 2001]



Sec. 86.1340-90  Exhaust sample analysis.

    (a) The analyzer response may be read by automatic data collection

[[Page 236]]

(ADC) equipment such as computers, data loggers, etc. If ADC equipment 
is used the following is required:
    (1) For bag analysis, the analyzer response must be stable at 
greater than 99 percent of the final reading for the dilute exhaust 
sample bag. A single value representing the average chart deflection 
over a 10-second stabilized period shall be stored. For the background 
bag, all readings taken during the 10-second interval must be stable at 
the final value to within 1 percent of full scale.
    (2) For continuous analysis systems, the ADC system must read at 
least two analyzer readings per second. A single value representing the 
average integrated concentration over a cycle shall be stored.
    (3) The chart deflections or average integrated concentrations 
required in paragraphs (a) (1) and (2) of this section may be stored on 
long-term computer storage devices such as computer tapes, storage 
discs, punch cards, or they may be printed in a listing for storage. In 
either case a chart recorder is not required and records from a chart 
recorder, if they exist, need not be stored.
    (4) If the data from ADC equipment is used as permanent records, the 
ADC equipment and the analyzer values as interpreted by the ADC 
equipment are subject to the calibration specifications in Sec. Sec. 
86.1316 through 86.1326, as if the ADC equipment were part of the 
analyzer.
    (b) Data records from any one or a combination of analyzers may be 
stored as chart recorder records.
    (c) Software zero and span. (1) The use of ``software'' zero and 
span is permitted. The process of software zero and span refers to the 
technique of initially adjusting the analyzer zero and span responses to 
the calibration curve values, but for subsequent zero and span checks 
the analyzer response is simply recorded without adjusting the analyzer 
gain. The observed analyzer response recorded from the subsequent check 
is mathematically corrected back to the calibration curve values for 
zero and span. The same mathematical correction is then applied to the 
analyzer's response to a sample of exhaust gas in order to compute the 
true sample concentration.
    (2) The maximum amount of software zero and span mathematical 
correction is 10 percent of full scale chart 
deflection.
    (3) Software zero and span may be used to switch between ranges 
without adjusting the gain of the analyzer.
    (4) The software zero and span technique may not be used to mask 
analyzer drift. The observed chart deflection before and after a given 
time period or event shall be used for computing the drift. Software 
zero and span may be used after the drift has been computed to 
mathematically adjust any span drift so that the ``after'' span check 
may be transformed into the ``before'' span check for the next segment.
    (d) For bag sample analysis perform the following sequence:
    (1) Warm-up and stabilize the analyzers; clean and/or replace filter 
elements, conditioning columns (if used), etc., as necessary.
    (2) Obtain a stable zero reading.
    (3) Zero and span the analyzers with zero and span gases. The span 
gases shall have concentrations between 75 and 100 percent of full-scale 
chart deflection. The flow rates and system pressures during spanning 
shall be approximately the same as those encountered during sampling. A 
sample bag may be used to identify the required analyzer range.
    (4) Re-check zero response. If this zero response differs from the 
zero response recorded in paragraph (d)(3) of this section by more than 
1 percent of full scale, then paragraphs (d) (2), (3), and (4) of this 
section should be repeated.
    (5) If a chart recorder is used, identify and record the most recent 
zero and span response as the pre-analysis values.
    (6) If ADC equipment is used, electronically record the most recent 
zero and span response as the pre-analysis values.
    (7) Measure HC (except diesels), CO, CO2. and 
NOX sample and background concentrations in the sample bag(s) 
with approximately the same flow rates and pressures used in paragraph 
(d)(3) of this section. (Constituents

[[Page 237]]

measured continuously do not require bag analysis.)
    (8) A post-analysis zero and span check of each range must be 
performed and the values recorded. The number of events that may occur 
between the pre and post checks is not specified. However, the 
difference between pre-analysis zero and span values (recorded in 
paragraph (d) (5) or (6) of this section) versus those recorded for the 
post-analysis check may not exceed the zero drift limit or the span 
drift limit of 2 percent of full scale chart deflection for any range 
used. Otherwise the test is void.
    (e) For continuous sample analysis perform the following sequence:
    (1) Warm-up and stabilize the analyzers; clean and/or replace filter 
elements, conditioning columns (if used), etc., as necessary.
    (2) Leak check portions of the sampling system that operate at 
negative gauge pressures when sampling, and allow heated sample lines, 
filters, pumps, etc., to stabilize at operating temperature.
    (3) Optional: Perform a hang-up check for the HFID sampling system:
    (i) Zero the analyzer using zero air introduced at the analyzer 
port.
    (ii) Flow zero air through the overflow sampling system. Check the 
analyzer response.
    (iii) If the overflow zero response exceeds the analyzer zero 
response by 2 percent or more of the HFID full-scale deflection, hang-up 
is indicated and corrective action must be taken.
    (iv) The complete system hang-up check specified in paragraph (f) of 
this section is recommended as a periodic check.
    (4) Obtain a stable zero reading.
    (5) Zero and span each range to be used on each analyzer used prior 
to the beginning of the cold cycle. The span gases shall have a 
concentration between 75 and 100 percent of full scale chart deflection. 
The flow rates and system pressures shall be approximately the same as 
those encountered during sampling. The HFID analyzer shall be zeroed and 
spanned through the overflow sampling system.
    (6) Re-check zero response. If this zero response differs from the 
zero response recorded in paragraph (e)(5) of this section by more than 
1 percent of full scale, then paragraphs (e) (4), (5), and (6) of this 
section should be repeated.
    (7) If a chart recorder is used, identify and record the most recent 
zero and span response as the pre-analysis values.
    (8) If ADC equipment is used, electronically record the most recent 
zero and span response as the pre-analysis values.
    (9) Measure the emissions (HC required for diesels; NOX, 
CO, CO2 optional) continuously during the cold start cycle. 
Indicate the start of the test, the range(s) used, and the end of the 
test on the recording medium (chart paper or ADC equipment). Maintain 
approximately the same flow rates and system pressures used in paragraph 
(e)(5) of this section.
    (10) Collect background HC, CO, CO2. and NOX 
in a sample bag.
    (11) Perform a post-analysis zero and span check for each range used 
at the conditions specified in paragraph (e)(5) of this section. Record 
these responses as the post-analysis values.
    (12) Neither the zero drift nor the span drift between the pre-
analysis and post-analysis checks on any range used may exceed 3 percent 
for HC, or 2 percent for NOX, CO, and CO2. of full 
scale chart deflection, or the test is void. (If the HC drift is greater 
than 3 percent of full-scale chart deflection, hydrocarbon hang-up is 
likely.)
    (13) Determine HC background levels for the cold start cycle by 
introducing the background sample into the overflow sample system.
    (14) Determine background levels of NOX, CO, or 
CO2 (if necessary) by the bag technique outlined in paragraph 
(d) of this section.
    (15) Repeat paragraphs (e) (4) through (14) of this section for the 
hot cycle. The post-analysis zero and span check for the cold start (or 
previous hot start) cycle may be used for the pre-analysis zero and span 
for the following hot start cycle.
    (f) HC hang-up. If HC hang-up is indicated, the following sequence 
may be performed:
    (1) Fill a clean sample bag with background air.

[[Page 238]]

    (2) Zero and span the HFID at the analyzer ports.
    (3) Analyze the background air sample bag through the analyzer 
ports.
    (4) Analyze the background air through the entire sample probe 
system.
    (5) If the difference between the readings obtained is 2 percent or 
more of the HFID full scale deflection, clean the sample probe and the 
sample line.
    (6) Reassemble the sample system, heat to specified temperature, and 
repeat the procedure in paragraphs (f) (1) through (6) of this section.
    (g) For CH3OH (where applicable), introduce test samples 
into the gas chromatograph and measure the concentration. This 
concentration is CMS in the calculations.
    (h) For HCHO (where applicable), introduce 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.

[54 FR 14602, Apr. 11, 1989, as amended at 60 FR 34375, June 30, 1995]



Sec. 86.1340-94  Exhaust sample analysis.

    Section 86.1340-94 includes text that specifies requirements that 
differ from Sec. 86.1340-90. Where a paragraph in Sec. 86.1340-90 is 
identical and applicable to Sec. 86.1340-94, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.1340-90.''
    (a) through (d)(6) [Reserved]. For guidance see Sec. 86.1340-90.
    (d)(7) Measure HC (except diesels), CH4 (natural gas-
fueled engines only), CO, CO2. and NOX sample 
bag(s) with approximately the same flow rates and pressures used in 
Sec. 86.1340-90(d)(3). (Constituents measured continuously do not 
require bag analysis.)
    (d)(8) through (h) [Reserved]. For guidance see Sec. 86.1340-90.

[59 FR 48534, Sept. 21, 1994, as amended at 60 FR 34375, June 30, 1995]



Sec. 86.1341-90  Test cycle validation criteria.

    (a) To minimize the biasing effect of the time lag between the 
feedback and reference cycle values, the entire engine speed and torque 
feedback signal sequence may be advanced or delayed in time with respect 
to the reference speed and torque sequence. If the feedback signals are 
shifted, both speed and torque must be shifted the same amount in the 
same direction.
    (b) Brake horsepower-hour calculation. (1) Calculate the brake 
horsepower-hour for each pair of engine feedback speed and torque values 
recorded. Also calculate the reference brake horsepower-hour for each 
pair of engine speed and torque reference values. Calculations shall be 
to five significant digits.
    (2) In integrating the reference and the feedback horsepower-hour, 
all negative torque values shall be set equal to zero and included. If 
integration is performed at a frequency of less than 5 Hz, and if during 
a given time segment, the torque value changes from positive to negative 
or negative to positive, then the negative portion must be computed by 
linear interpolation and set equal to zero and the positive portion 
included. The same methodology shall be used for integrating both 
reference and actual brake horsepower-hour.
    (c) Regression line analysis to calculate validation statistics. (1) 
Linear regressions of feedback value on reference value shall be 
performed for speed, torque and brake horsepower on 1 Hz data after the 
feedback shift has occurred (see paragraph (a) of this section). The 
method of least squares shall be used, with the best fit equation having 
the form:


y=mx+b

Where:

y = The feedback (actual) value of speed (rpm), torque (ft-lbs), or 
brake horsepower.
m = Slope of the regression line.
x = The reference value (speed, torque, or brake horsepower).
b = The y-intercept of the regression line.

    (2) The standard error of estimate (SE) of y on x and the 
coefficient of determination (r\2\) shall be calculated for each 
regression line.
    (3) For a test to be considered valid, the criteria in Figure N90-11 
must be met for both cold and hot cycles individually. Point deletions 
from the regression analyses are permitted where noted in Figure N90-11.

[[Page 239]]



                                                                      Figure N90-11
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Speed                                    Torque                          BHP
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Regression Line Tolerances
 
                                                   Petroleum-fueled and methanol-fueled diesel engines
Standard error of estimate (SE) of Y    100 rpm...........................................  13 pct. of power map maximum   8 pct. of power map maximum
 on X.                                                                                       engine torque                  BHP.
Slope of the regression line, m.......  0.970 to 1.030....................................  0.83-1.03 (hot), 0.77-1.03     0.89-1.03 (hot), 0.87-1.03
                                                                                             (cold)                         (cold).
Coefficient of determination, r \2\...  \1\ 0.9700........................................  \1\ 0.8800 (hot), \1\ 0.8500   \1\ 0.9100.
                                                                                             (cold).
Y intercept of the regression line, b.  50 rpm............................................  15 ft-lb.....................  5.0
                                                 Gasoline-fueled and methanol-fueled Otto-cycle engines
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
Standard error of estimate (SE) of Y    100 rpm...........................................  10% (hot), 11% (cold) of       5% (hot), 6% (cold) of power
 on X.                                                                                       power map max. engine torque.  map maximum BHP.
Slope of the regression line, m.......  0.980 to 1.020....................................  0.92-1.03 (hot), 0.88-1.03     0.93-1.03 (hot), 0.89-1.03
                                                                                             (cold)                         (cold).
Coefficient of determination, r \2\...  \1\ 0.9700........................................  \1\ 0.9300 (hot), \1\ 0.9000   \1\ 0.9400 (hot), \1\ 0.9300
                                                                                             (cold)                         (cold).
Y intercept of the regression line, b.  25 (hot), 40 (cold)...............................  4%(hot), 5 (cold) of power     2.0% (hot), 2.5% (cold) of
                                                                                             map max. engine torque.        power map BHP.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Minimum.


[[Page 240]]


           Permitted Point Deletions From Regression Analysis
------------------------------------------------------------------------
                 Condition                      Points to be deleted
------------------------------------------------------------------------
1. Wide Open Throttle and Torque Feedback   Torque, and/or BHP.
 < Torque Reference.
2. Closed Throttle, Not an Idle Point,      Torque, and/or BHP.
 Torque Feedback Torque
 Reference.
3. Closed Throttle, Idle Point, and Torque  Speed, and/or BHP.
 Feedback = CITT (10 ft-lb).
 
For the purposes of this discussion:....................................
 
An Idle Point is defined as a point having a Normalized Reference Torque
 of 0 and a Normalized Reference Speed of 0 and an engine tested as
 having a manual transmission has a CITT of 0. Point deletion may be
 applied either to the whole or to any part of the cycle. EXPSTB='00'.
------------------------------------------------------------------------

    (4)(i) For petroleum-fueled and methanol-fueled diesel engines, the 
integrated brake horsepower-hour for each cycle (cold and hot start) 
shall be between -15 percent and +5 percent of the integrated brake 
horsepower-hour for the reference cycle, or the test is void.
    (ii) For gasoline-fueled and methanol-fueled Otto-cycle engines, the 
integrated brake horsepower-hour of the feedback cycle shall be within 5 
percent of the integrated brake horsepower-hour of the reference cycle 
for the cold cycle, or the test is void. The tolerance for the hot cycle 
shall be 4 percent.
    (5) If a dynamometer test run is determined to be statistically or 
experimentally void, corrective action shall be taken. The engine shall 
then be allowed to cool (naturally or forced) and the dynamometer test 
rerun per Sec. 86.1337 or be restarted at Sec. 86.1336-84(e).
    (d) For petroleum-fueled and methanol-fueled diesel engines, all 
reference torque values specified (in paragraph (f)(2) of appendix I to 
this part) as ``closed throttle'' shall be deleted from the calculation 
of cycle torque and power validation statistics.

[54 FR 14604, Apr. 11, 1989, as amended at 62 FR 47134, Sept. 5, 1997]



Sec. 86.1341-98  Test cycle validation criteria.

    Section 86.1341-98 includes text that specifies requirements that 
differ from Sec. 86.1341-90. Where a paragraph in Sec. 86.1341-90 is 
identical and applicable to Sec. 86.1341-98, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.1341-90''
    (a) Through (b)(2) [Reserved]. For guidance see Sec. 86.1341-90.
    (b)(3) All feedback torques due to accessory loads, either actual or 
simulated as defined in Sec. 86.1327-90 (d)(4), shall be excluded from 
both cycle validation and the integrated work used for emissions 
calculations.
    (4) For reference idle portions of the cycle where CITT is not 
applied, use measured torque values for cycle validation and the 
reference torque values for calculating the brake horsepower-hour value 
used in the emission calculations. For reference idle portions of the 
cycle where CITT is applied, use measured torque values for cycle 
validation and calculating the brake horsepower-hour value used in the 
emission calculations.
    (c) Through (d) [Reserved]. For guidance see Sec. 86.1341-90.

[62 FR 47135, Sept. 5, 1997]



Sec. 86.1342-90  Calculations; exhaust emissions.

    (a) The final reported transient emission test results should be 
computed by using the following formula:
[GRAPHIC] [TIFF OMITTED] TR06OC93.232


[[Page 241]]



Where:

    (1) AWM = Weighted mass emission level (HC, CO, 
CO2. or NOX) in grams per brake horsepower-hour 
and, if appropriate, the weighted mass total hydrocarbon equivalent, in 
grams per brake horsepower-hour.
    (2) gC = Mass emission level in grams or grams carbon 
mass equivalent, measured during the cold start test.
    (3) gH = Mass emission level in grams or grams carbon 
mass equivalent, measured during the hot start test.
    (4) BHP - hrC = Total brake horsepower-hour (brake 
horsepower integrated over time) for the cold start test.
    (5) BHP-hrH = Total brake horsepower-hour (brake 
horsepower integrated over time) for the hot start test.
    (b) The mass of each pollutant for the cold start test and the hot 
start test for bag measurements and diesel continuously heated sampling 
system measurements is determined from the following equations:
    (1) Hydrocarbon mass:

HCmass = Vmix x DensityHC x 
    (HCconc/10\6\)

    (2) Oxides of nitrogen mass:

NOxmass = Vmix x DensityNO2 x 
    KH x (NOxconc/10\6\)

    (3) Carbon monoxide mass:

COmass = Vmix x DensityCO x 
    (COconc/10\6\)

    (4) Carbon dioxide mass:

CO2mass = Vmix x Density CO2 x 
    (CO2conc/10\2\)

    (5) Methanol mass:

CH3OHmass = Vmix x Density CH3OH x 
    (CH3OHconc/10\6\)

    (6) Formaldehyde mass:

HCHOmass = Vmix x DensityHCHO x 
    (HCHOconc/10\6\)

    (7) Total hydrocarbon equivalent mass:
    (i)
    [GRAPHIC] [TIFF OMITTED] TR06OC93.231
    
    (c) The mass of each pollutant for the cold start test and the hot 
start test for flow compensated sample systems is determined from the 
following equations:

[[Page 242]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.233

    (d) Meaning of symbols:
    (1)(i) HCmass = Hydrocarbon emissions, in grams per test 
phase.
    (ii) DensityHC = Density of hydrocarbons = 16.33 g/ft\3\ 
(0.5768 kg/m\3\) for gasoline and the gasoline fraction of methanol-
fuel, and may be used for petroleum and the petroleum fraction of 
methanol diesel fuel if desired, 16.42 g/ft\3\ (0.5800 kg/m\3\) for 
l petroleum diesel fuel and 16.27 g/ft\3\ (0.5746 kg/m\3\) for 
2 diesel, assuming an average carbon to hydrogen ratio of 
1:1.85 for gasoline, 1:1.93 for 1 petroleum diesel fuel and 
1:1.80 for 2 petroleum diesel fuel at 68 [deg]F (20 [deg]C) and 
760 mm Hg (101.3 kPa) pressure.
    (iii)(A) HCconc = 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 = Hydrocarbon concentration of the dilute 
exhaust bag sample or, for diesel continuous heated sampling systems, 
average hydrocarbon concentration of the dilute exhaust

[[Page 243]]

sample as determined from the integrated HC traces, in ppm carbon 
equivalent. For flow compensated systems (HCe)i is 
the instantaneous concentration.
    (B) For petroleum-fueled engines, HCe is the FID 
measurement.
    (C) For methanol-fueled engines:
    HCe = FID HCe - (r)CCH3OHe
    (v) FID HCe = Concentration of hydrocarbon plus methanol 
in dilute exhaust as measured by the FID, ppm carbon equivalent.
    (vi) r = FID response to methanol.
    (vii) CCH3OHe = 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, in ppm carbon equivalent.
    (B) HCd = FID HCd - (r)CCH3OHd
    (ix) FID HCd = Concentration of hydrocarbon plus methanol 
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 in ppm carbon.
    (2)(i) NOxmass = Oxides of nitrogen emissions, in grams 
per test phase.
    (ii) DensityNO2 = Density of oxides of nitrogen is 54.16 
g/ft\3\ (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 (101.3 kPa) pressure.
    (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 bag sample as measured, in ppm. For flow compensated 
sample systems (NOxe)i is the instantaneous 
concentration.
    (v) NOxd = Oxides of nitrogen concentration of the 
dilution air as measured, in ppm.
    (3)(i) COmass = Carbon monoxide emissions, grams per test 
phase.
    (ii) DensityCO = Density of carbon monoxide is 32.97 g/
ft\3\ (1.164 kg/m\3\), 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, ppm.
    (B) COconc = COe - COd[1 - (1/DF)]

Where:
    (iv) COe = Carbon monoxide concentration of the dilute 
exhaust bag sample volume corrected for water vapor and carbon dioxide 
extraction, in ppm. For flow compensated sample systems 
(COe)i is the instantaneous concentration.
    (v)(A) COe = (1 - 0.01925CO2. - 
0.000323R)COem for gasoline and petroleum diesel fuel, with 
hydrogen to carbon ratio of 1.85:1.
    (B) COe = [1 - (0.01 + 0.005HCR) CO2. - 
0.000323R] COem for methanol fuel, where HCR is hydrogen to 
carbon ratio as measured for the fuel used.

Where:
    (vi) COem = Carbon monoxide concentration of the dilute 
exhaust sample as measured, in ppm.
    (vii)(A) CO2. = Carbon dioxide concentration of the 
dilute exhaust bag sample, in percent, if measured. For flow compensated 
sample systems, (CO2.)i is the instantaneous 
concentration. For cases where exhaust sampling of CO2 is not 
performed, the following approximation is permitted:
    (B)
    [GRAPHIC] [TIFF OMITTED] TR31AU93.062
    

Where:

    (C) [alpha] = Average carbon to hydrogen ratio, as specified by the 
Administrator.
    (D) M' = Fuel mass consumed during the test cycle.
    (E) R = Relative humidity of the dilution air, percent.

[[Page 244]]

    (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. 
86.1311 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) CO2conc = Carbon dioxide concentration of the 
dilute exhaust sample corrected for background, in percent.
    (iv) CO2mass = CO2. - CO2.[1 - (1/
DF)].

Where:
    (v) CO2. = 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\ 
(1.332 kg/m\3\), at 68 [deg]F (20 [deg]C) and 760 mm Hg (101.3kPa) 
pressure.
    (iii)(A) CH3OHconc = Methanol concentration of 
the dilute exhaust corrected for background, in ppm.
    (B) CH3OHconc = CCH3OHe - 
CCH3OHd [1 - (1/DF)].

Where:
    (iv)(A) CCH3OHe = Methanol concentration in the dilute 
exhaust, in ppm.
    (B)
    [GRAPHIC] [TIFF OMITTED] TC07JA94.024
    
    (v)(A) CCH3OHd = Methanol concentration in the dilution 
air, in ppm.
    (B)
    [GRAPHIC] [TIFF OMITTED] TC07JA94.025
    
    (vi) CCH3OHR = Concentration of methanol in standard 
sample for calibration of GC, [micro]g/ml.
    (vii) ACH3OHR = GC peak area of standard sample.
    (viii) TEM = Temperature of methanol sample withdrawn 
from dilute exhaust, [deg]R.
    (ix) TDM = Temperature of methanol sample withdrawn from 
dilution air, [deg]R.
    (x) PB = Barometric pressure during test, mm Hg.
    (xi) VEM = Volume of methanol sample withdrawn from 
dilute exhaust, ft\3\.
    (xii) VDM = Volume of methanol sample withdrawn from 
dilution air, ft\3\.
    (xiii) AS = GC peak area of sample drawn from dilute 
exhaust.
    (xiv) AD = GC peak area of sample drawn from dilution 
air.
    (xv) AVS = Volume of absorbing reagent (deionized water) 
in impinger through which methanol sample from dilute exhaust is drawn, 
ml.
    (xvi) AVD = Volume of absorbing reagent (deionized water) 
in impinger through which methanol sample from dilution air is drawn, 
ml.
    (xvii) 1 = first impinger.
    (xviii) 2 = second impinger.
    (6)(i) HCHOmass = Formaldehyde emissions corrected for 
background, grams per test phase.
    (ii) DensityHCHO = Density of formaldehyde is 35.36 g/
ft\3\ (1.249 kg/m\3\), at 68 [deg]F (20 [deg]C) and 760 mmHg (101.3 kPa) 
pressure.

[[Page 245]]

    (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] TC07JA94.026
    
    (v)(A) CHCHOd = Formaldehyde concentration in dilution 
air, ppm.
[GRAPHIC] [TIFF OMITTED] TC07JA94.027

    (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/
[CO2.+(HCe+COe)10-4] for 
petroleum-fueled vehicles, or DF=13.4/CO2.
[GRAPHIC] [TIFF OMITTED] TC07JA94.028


for methanol-fueled vehicles, where fuel composition is CX 
Hy Oz as measured for the fuel used.
    (8)(i) KH = Humidity correction factor.
    (ii) For gasoline-fueled and methanol-fueled diesel engines: 
KH = 1/[1 - 0.0047 (H - 75)] (or for SI units, KH 
= 1/[1 - 0.0329(H - 10.71)]).
    (iii) For petroleum-fueled and methanol-fueled diesel engines: 
KH = 1/[1 - 0.0026 (H - 75)] (or for SI units = 1/[1 - 0.0182 
(H - 10.71)]).

[[Page 246]]


Where:
    (iv)(A) H = Absolute humidity of the engine intake air in grains 
(grams) of water per pound (kilogram) of dry air.
    (B)(1) H = [(43.478)Ri x Pd]/[PB - 
(Pd x Ri/100)]
    (2) For SI units,

H = [(6.211)Ri x Pd]/[PB - 
(Pd x Ri/100)]
    (C) Ri = Relative humidity of the engine intake air, 
percent.
    (D) Pd = Saturated vapor pressure, in mm Hg (kPa) at the 
engine intake air dry bulb temperature.
    (E) PB = Barometric pressure, in mm Hg (kPa).
    (9)(i) 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).
    (ii) (Vmix)i = Instantaneous dilute exhaust 
volumetric flow rate (for compensated flow systems), ft\3\/sec.
    (iii) T = Time interval (seconds) between samples in flow 
compensated systems.
    (iv) T = Total sampling time (seconds).
    (v) For PDP-CVS:
    (A)
    [GRAPHIC] [TIFF OMITTED] TR31AU93.067
    
    (B) For SI units,
    [GRAPHIC] [TIFF OMITTED] TR31AU93.068
    

Where:
    (vi) Vo = Volume of gas pumped by the positive 
displacement pump, in cubic feet (cubic meters) per revolution. This 
volume is dependent on the pressure differential across the positive 
displacement pump.
    (vii) N = Number of revolutions of the positive displacement pump 
during the test phase while samples are being collected.
    (viii) PB = Barometric pressure, mm Hg (kPa).
    (ix) P4 = Pressure depression below atmospheric measured 
at the inlet to the positive displacement pump, in mm Hg (kPa) (during 
an idle mode).
    (x) Tp = Average temperature of dilute exhaust entering 
positive displacement pump during test, [deg]R ([deg]K).
    (e) Sample calculation of mass values of exhaust emissions:
    (1) Assume the following test results for a gasoline engine:

------------------------------------------------------------------------
                         Cold start cycle test     Hot start cycle test
                                results                  results
------------------------------------------------------------------------
Vmix..................  6924 ft \3\............  6873 ft\3\.
R.....................  30.2 percent...........  30.2 percent.
Ri....................  30.2 percent...........  30.2 percent.
PB....................  735 mm Hq..............  735 mm Hg.
Pd....................  22.676 mm Hq...........  22.676 mm Hq.
HCe...................  132.07 ppm C equiv.....  86.13 ppm C equiv.
NOxe..................  7.86 ppm...............  10.98 ppm.
COem..................  171.22 ppm.............  114.28 ppm.
CO2...................  0.178 percent..........  0.381 percent.
HCd...................  3.60 ppm C equiv.......  8.70 ppm C equiv.
NOd...................  0.0 ppm................  0.10 ppm.
COdm..................  0.89 ppm...............  0.89 ppm.
C02...................  0.0 percent............  0.038 percent.
BHP-hr................  0.259..................  0.347.
------------------------------------------------------------------------


Then:
    (2) Cold Start Test:
    (i) H
 = [(43.478)(30.2)(22.676)]/[735-
 (22.676)(30.2)/100]
 = 41 grains of water per pound of dry air.
    (ii) KH = 1/[1-0.0047(41-75)] = 0.862
    (iii) COe
 = [1-0.01925(.178)-
 0.000323(30.2)]171.22
 = 169.0 ppm
    (iv) COd=[1-0.000323(30.2)] 0.89=
 0.881 ppm
    (v) DF
 = 13.4/[.178 + (132.07 + 169.0)(10-4)]
 = 64.390
    (vi) HCconc
 = 132.07-3.6[1-(1/64.390)]
 = 128.5 ppm
    (vii) HCmass
 = 6924(16.33)(128.5/10\6\)
 = 14.53 grams
    (viii) NOxconc
 = 7.86-0.0[1-(1/64.390)]
 = 7.86 ppm
    (ix) NOxmass
 = 6924(54.16)(.862)(7.86/10\6\)
 = 2.54 grams
    (x) COconc
 = 169.0-.881[1-(1/64.390)]
 = 168.0 ppm
    (xi) COmass
 = 6924(32.97)(168.0/10\6\)
 = 38.35 grams
    (xii) CO2conc=.178-0[1-1/64.390)]=
 0.178%

[[Page 247]]

    (xiii) CO2mass=6924(51.81)(.178/100)=639
 grams
    (3) Hot start test: Similar calculations result in the following:
    (i) HCmass = 8.72 grams
    (ii) NOxmass = 3.49 grams
    (iii) COmass = 25.70 grams
    (iv) CO2mass = 1226 grams
    (4) Weighted mass emission results:
    (i) HCwm = 1/7(14.53) + 6/7(8.72)/1/7(0.259) + 6/7(0.347) 
= 28.6 grams/BHP-hr
    (ii) NOXwm = 1/7(2.54) + 6/7(3.49)/1/7(0.259) + 6/
7(0.347) = 10.0 grams/BHP-hr
    (iii) COwm = 1/7(38.35) + 6/7(25.70)/1/7(0.259) + 6/
7(0.347) = 82.2 grams/BHP-hr
    (iv) CO2wm = 1/7(639) + 6/7(1226)/1/7(0.259) + 6/7(0.347) 
= 3415 grams/BHP-hr
    (f) The final reported brake-specific fuel consumption (BSFC) shall 
be computed by use of the following formula:
[GRAPHIC] [TIFF OMITTED] TR06OC93.222


Where:

    (1) BSFC = brake-specific fuel consumption in pounds of fuel per 
brake horsepower-hour (lbs/BHP-hr).
    (2) MC = mass of fuel, in lbs, used by the engine during 
the cold start test.
    (3) MH = mass of fuel, in lbs, used by the engine during 
the hot start test.
    (4) BHP-hrC = total brake horsepower-hours (brake 
horsepower integrated with respect to time) for the cold start test.
    (5) BHP-hrH = total brake horsepower-hours (brake 
horsepower integrated with respect to time) for the hot start test.
    (g)(1) The mass of fuel for the cold start and hot start test is 
determined from mass fuel flow measurements made during the tests, or 
from the following equation:
M = (Gs/R2)(1/453.6)
    (2) Meaning of symbols:
    (i) M = Mass of fuel, in lbs, used by the engine during the cold or 
hot start test.
    (ii) Gs = Grams of carbon measured during the cold or hot 
start test:
[GRAPHIC] [TIFF OMITTED] TR31AU93.069


Where:
    (iii) HCmass = Hydrocarbon emissions, in grams, for cold 
or hot start test.
    (iv) COmass = Carbon monoxide emissions, in grams, for 
cold or hot start test.
    (v) CO2mass = Carbon dioxide emissions, in grams, for 
cold or hot start test.
    (vi) [alpha] = The atomic hydrogen to carbon ratio of the fuel.
    (vii)(A) R2 = The grams of carbon in the fuel per gram of 
fuel.
    (B) R2 = 12.011/[12.011 + [alpha](1.008)]
    (h) Sample calculation of brake-specific fuel consumption:
    (1) Assume the following test results:

------------------------------------------------------------------------
                                                 Cold start   Hot start
                                                 cycle test   cycle test
                                                  results      results
------------------------------------------------------------------------
BHP-hr........................................        6.945        7.078
[alpha].......................................        1.85         1.85
HCmass (grams)................................       37.08        28.82
COmass (grams)................................      357.69       350.33
C02mass (grams)...............................    5,419.62     5,361.32
------------------------------------------------------------------------


Then:
    (i) Gs for cold start test = [12.011/(12.011 + 
(1.008)(1.85))](37.08) + 0.429(357.69) + 0.273(5419.62) = 1665.10 grams
    (ii) Gs for hot start test = [12.011/(12.011 + 
(1.008)(1.85))](28.82) + 0.429(350.33) + 0.273(5361.32) = 1638.88 grams
    (iii) R2 = 12.011/[12.011 + (1.008)1.85] = 0.866
    (iv)(A) Mc = (1665.10/.866)(1/453.6) = 4.24 lbs 
(calculated), or
    (B) = 4.24 lbs (directly measured).
    (v)(A) MH = (1638.88/.866)(1/453.6) = 4.17 lbs 
(calculated), or
    (B) = 4.17 lbs (directly measured).
    (2) Brake-specific fuel consumption results:


[[Page 248]]



BSFC + (1/7)(4.24) =(6/7)(4.17)/(1/7)(6.945) + (6/7)(7.078) = 0.592 lbs 
of fuel/BHP-hr

    (i) For dilute sampling systems which require conversion of as-
measured dry concentrations to wet concentrations, the following 
equation shall be used for any combination of bagged, continuous, or 
fuel mass-approximated sample measurements (except for CO measurements 
made through conditioning columns, as explained in paragraph (d)(3) of 
this section):

Wet concentration = Kw x dry concentration.


Where:

    (1)(i) For English units,

Kw = 1-([alpha]/200) x CO2.(')-((1.608 x H)/(7000 
    + 1.608 x H))

    See paragraph (d)(1) of this section for [alpha] values.

    (ii) For SI units,

Kw = 1-([alpha]/200) x CO2.(')-((1.608 x H)/(1000 
    + 1.608 x H))

    See paragraph (d)(1) of this section for [alpha] values.

    (2) CO2.(') = either CO2. or CO2.' 
as applicable.

    (3)(i) H = Absolute humidity of the CVS dilution air, in grains 
(grams) of water per lb (kg) of dry air.

    (ii) For English units,

H ' = [(43.478)Ri' x Pd']/[PB-
    (Pd' x Ri'/100)]

    (iii) For SI units,

H' = [(6.211)Ri' x Pd']/[PB-
    (Pd' x Ri'/100)]

    (4) Ri = Relative humidity of the CVS dilution air, in 
percent.
    (5) Pd = Saturated vapor pressure, in mm Hg (kPa) at the 
ambient dry bulb temperature of the CVS dilution air.
    (6) PB = Barometric pressure, mm Hg (kPa).

[54 FR 14605, Apr. 11, 1989, as amended at 62 FR 47135, Sept. 5, 1997]



Sec. 86.1342-94  Calculations; exhaust emissions.

    Section 86.1342-94 includes text that specifies requirements that 
differ from Sec. 86.1342-90. Where a paragraph in Sec. 86.1342-90 is 
identical and applicable to Sec. 86.1342-94, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.1342-90.''
    (a) introductory text [Reserved]. For guidance see Sec. 86.1342-90.
    (a)(1) AWM=Weighted mass emission level (HC, CO, 
CO2. or NOX) in grams per brake horsepower-hour 
and, if appropriate, the weighted mass total hydrocarbon equivalent, 
formaldehyde, or non-methane hydrocarbon emission level in grams per 
brake horsepower-hour.
    (a)(2) through (b)(7) [Reserved]. For guidance see Sec. 86.1342-90.
    (b)(8) Non-methane hydrocarbon mass:

NMHCmass = Vmix x DensityNMHC x 
    (NMHCconc/1,000,000)

    (c) through (d)(1)(i) [Reserved]. For guidance see Sec. 86.1342-90.
    (d)(1)(ii) DensityHC = Density of hydrocarbons.
    (A) For gasoline and the gasoline fraction of methanol-fuel, and may 
be used for petroleum and the petroleum fraction of methanol diesel fuel 
if desired; 16.33 g/ft\3\-carbon atom (0.5768 kg/m\3\-carbon atom).
    (B) For 1 petroleum diesel fuel; 16.42 g/ft\3\-carbon atom 
(0.5800 kg/m\3\-carbon atom).
    (C) For 2 diesel 16.27 g/ft\3\-carbon atom (0.5746 kg/m\3\-
carbon atom). Average carbon to hydrogen ratios of 1:1.85 for gasoline, 
1:1.93 for 1 petroleum diesel fuel and 1:1.80 for 2 
petroleum diesel fuel are assumed at 68 [deg]F (20 [deg]C) and 760 mm Hg 
(101.3 kPa) pressure.
    (D) For natural gas and liquified petroleum gas-fuel; 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 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.
    (d)(1)(iii) through (d)(1)(iv)(A) [Reserved]. For guidance see Sec. 
86.1342-90.
    (d)(1)(iv)(B) For petroleum-fueled, natural gas-fueled and liquified 
petroleum gas-fueled engines, HCe is the FID measurement.
    (d)(1)(iv)(C) through (d)(3)(v)(A) [Reserved]. For guidance see 
Sec. 86.1342-90.
    (d)(3)(v)(B) COe = [1 - (0.01 + 0.005HCR) CO2. 
- 0.000323R] COem for methanol-fuel, natural gas-fuel and 
liquified petroleum gas-fuel where HCR

[[Page 249]]

is hydrogen to carbon ratio as measured for the fuel used.

Where:

    (d)(3)(vi) through (d)(5)(iii)(B) [Reserved]. For guidance see Sec. 
86.1342-90.
    (d)(5)(iv)(A) CCH3OHe=Methanol concentration in the 
dilute exhaust, in ppm.

(B)
[GRAPHIC] [TIFF OMITTED] TR30JN95.039

    (v)(A) CCH3OHd=Methanol concentration in the dilution 
air, in ppm

(B)
[GRAPHIC] [TIFF OMITTED] TR30JN95.040

    (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
    (xii) CD=GC concentration of sample drawn from dilution 
air
    (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.
    (d)(6)(i) through (d)(7)(i) [Reserved]. For guidance see Sec. 
86.1342-90.
    (d)(7)(ii) For methanol-fueled vehicles, where fuel composition is 
CX Hy Oz as measured, or calculated, 
for the fuel used:
[GRAPHIC] [TIFF OMITTED] TR30JN95.041

    (d)(8)(i) [Reserved]. For guidance see Sec. 86.1342-90.
    (d)(8)(ii) For Otto-cycle engines: KH=1/[1-0.0047(H-75)] 
(or for SI units, KH=1/[1-0.0329(H-10.71)]).
    (iii) For diesel engines: KH = 1/[1-0.0026 (H-75)] (or 
for SI units = 1/[1-0.0182 (H-10.71)]).

Where:

    (d)(8)(iv) through (d)(9)(x) [Reserved]. For guidance see Sec. 
86.1342-90.
    (d)(10)(i) NMHCconc = HCconc-
CH4conc
    (ii) DensityNMHC = The density of non-methane 
hydrocarbon, is 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

[[Page 250]]

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 = rCH4 x (CH4e-
CH4d(1-1/DF))

Where:

    (1) CH4e = Methane exhaust bag concentration in ppm 
carbon equivalent.
    (2) CH4d = Methane concentration of the dilution air in 
ppm carbon equivalent.
    (3) rCH4 = HC FID response to methane for natural gas-
fueled vehicles as measured in Sec. 86.1321 (d).
    (e) Through (i) [Reserved]. For guidance see Sec. 86.1342-90.

[59 FR 48534, Sept. 21, 1994, as amended at 60 FR 34375, June 30, 1995; 
62 FR 47135, Sept. 5, 1997]



Sec. 86.1343-88  Calculations; particulate exhaust emissions.

    (a) The final reported transient emission test results shall be 
computed by use of the following formula:
[GRAPHIC] [TIFF OMITTED] TR06OC93.234

    (1) Pwm = Weighted mass particulate, grams per brake 
horsepower-hour.
    (2) PC = Mass particulate measured during the cold-start 
test, grams.
    (3) PH = Mass particulate measured during the hot-start 
test, grams.
    (4) BHP-hrC = Total brake horsepower-hour (brake 
horsepower integrated with respect to time) for the cold-start test.
    (5) BHP-hrH = Total brake horsepower-hour (brake 
horsepower integrated with respect to time) for the hot-start test.
    (b) The mass of particulate for the cold-start test and the hot-
start test is determined from the following equation:
[GRAPHIC] [TIFF OMITTED] TR31AU93.070

    (1) Pmass = Mass of particulate emitted per test phase, 
grams per test phase. (PH = Pmass for the hot-
start test and PC = Pmass for the cold-start test.
    (2) Vmix = Total dilute exhaust volume corrected to 
standard conditions (528[deg] R (293[deg] K) and 760 mm Hg (101.3 kPa)), 
cubic feet per test phase. For a PDP-CVS:
[GRAPHIC] [TIFF OMITTED] TR06OC93.226


in SI units,
[GRAPHIC] [TIFF OMITTED] TR06OC93.227


Where:

    (2)(i)(A) For a CFV-CVS: Vmix = Total dilute exhaust 
volume corrected to standard conditions (293 [deg]K (20 [deg]C) and 
101.3 kPa (760 mm Hg)), cubic feet per test phase.
    (B) For a PDP-CVS:
    [GRAPHIC] [TIFF OMITTED] TR05SE97.006
    

in SI units,
[GRAPHIC] [TIFF OMITTED] TR05SE97.007


Where:

    (ii) Vo = Volume of gas pumped by the positive 
displacement pump, cubic feet (cubic meters) per revolution. This volume 
is dependent on the pressure

[[Page 251]]

differential across the positive displacement pump.
    (iii) N = Number of revolutions of the positive displacement pump 
during the test phase while samples are being collected.
    (iv) PB = Barometric pressure, mm Hg (kPa).
    (v) P4 = Pressure depressions below atmospheric measured 
at the inlet to the positive displacement pump (during an idle mode), mm 
Hg (kPa).
    (vi) Tp = Average temperature of dilute exhaust entering 
the positive displacement pump during test, [deg]R ([deg]K).
    (3) Vsf = Total volume of sample removed from the primary 
dilution tunnel, cubic feet at standard conditions.
    (i) For a single-dilution system:
    [GRAPHIC] [TIFF OMITTED] TR06OC93.228
    

Where:

    (A) Vas = Actual volume of dilute sample removed from the 
primary-dilution tunnel, cubic feet.
    (B) PB = Barometric pressure, mm Hg.
    (C) Pis = Pressure elevation above ambient measured at 
the inlet to the dilute exhaust sample gas meter or flow 
instrumentation, mm Hg. (For most gas meters or flow instruments with 
unrestricted discharge, Pis is negligible and can be assumed 
= 0.)
    (D) Tis = Average temperature of the dilute exhaust 
sample at the inlet to the gas meter or flow instrumentation, [deg]R.
    (E) Vsf may require correction according to Sec. 
86.1320-87(a)(6).
    (ii) For a double-dilution system:
Vsf = Vvf - Vpf'

Where:
[GRAPHIC] [TIFF OMITTED] TR31AU93.071

    (B) Vav = Actual volume of double diluted sample which 
passed through the particulate filter, cubic feet.
    (C) PB = Barometric pressure, mm Hg.
    (D) Piv = Pressure elevation above ambient measured at 
the inlet to the sample gas meter located at the exit side of the 
secondary-dilution tunnel, mm Hg. (For most gas meters with unrestricted 
discharge Piv is negligible and can be assumed = 0.)
    (E) Tiv = Average temperature of the dilute exhaust 
sample at the inlet to the exit side gas meter or flow instrumentation, 
[deg]R.
[GRAPHIC] [TIFF OMITTED] TR06OC93.229

    (G) Vap = Actual volume of secondary dilution air, cubic 
feet.
    (H) Pa = Barometric pressure, mm Hg.
    (I) Pip = Pressure elevation above ambient measured at 
the inlet to the sample gas meter or flow instrumentation located at the 
inlet side of the secondary dilution tunnel, mm Hg. (For most gas meters 
with unrestricted discharge Pip is negligible and can be 
assumed = 0.)
    (J) Tip = Average temperature of the secondary dilution 
air at the inlet to the inlet side gas meter or flow instrumentation, 
[deg]R.
    (K) Both Vvf and Vpf may require correction 
according to Sec. 86.1320-87(a)(6). These corrections must be applied 
before Vsf is determined.
    (4) Pf = Mass of particulate on the sample filter (or 
sample and back-up filters if the back-up filter is required to be 
included, see Sec. 86.1339-87(g) for determination), grams per test 
phase.
    (5) Pbf = Net weight of particulate on the background 
particulate filter, grams.
[GRAPHIC] [TIFF OMITTED] TR06OC93.230


Where:

    (i) Vab = Actual volume of primary dilution air sampled 
by background particulate sampler, cubic feet.
    (ii) Pib = Pressure elevation above ambient measured at 
the inlet to the background gas meter or flow instrument, mm Hg. (for 
most gas meters or flow instruments with unrestricted discharge, 
Pib is negligible and can be assumed = 0.)
    (iii) Tib = Average temperature of the background sample 
at the inlet to the gas meter or flow instrument, [deg]R.
    (7) For definition of DF see Sec. 86.1342-84(d)(5).

[[Page 252]]

    (8)(i) Real time flow rate measurement and calculating devices are 
permitted under these regulations. The appropriate changes in the above 
calculations shall be made using sound engineering principles.
    (ii) Other systems and options, as permitted under these 
regulations, may require calculations other than these, but these must 
be based on sound engineering principles and be approved in advance by 
the Administrator at the time the alternate system is approved.

(Secs. 202, 203, 206, 207, 208, 301a, Clean Air Act, as amended; 42 
U.S.C. 7521, 7522, 7525, 7541, 7542, 7601a)

[50 FR 10706, Mar. 15, 1985, as amended at 52 FR 47876, Dec. 16, 1987; 
62 FR 47135, Sept. 5, 1997]



Sec. 86.1344-94  Required information.

    (a) The required test data shall be grouped into the following three 
general categories:
    (1) Engine set up and descriptive data. These data must be provided 
to the EPA supervisor of engine testing for each engine sent to the 
Administrator for confirmatory testing prior to the initiation of engine 
set-up. These data are necessary to ensure that EPA test personnel have 
the correct data in order to set up and test the engine in a timely and 
proper manner. These data are not required for tests performed by the 
manufacturers.
    (2) Pre-test data. These data are general test data that must be 
recorded for each test. The data are of a more descriptive nature such 
as identification of the test engine, test site number, etc. As such, 
these data can be recorded at any time within 24 hours of the test.
    (3) Test data. These data are physical test data that must be 
recorded at the time of testing.
    (b) When requested, data shall be supplied in the format specified 
by the Administrator.
    (c) Engine set-up data. Because specific test facilities may change 
with time, the specific data parameters and number of items may vary. 
The Application Format for Certification for the applicable model year 
will specify the exact requirements. In general, the following types of 
data will be required:
    (1) Engine manufacturer.
    (2) Engine system combination.
    (3) Engine code and CID.
    (4) Engine identification number.
    (5) Applicable engine model year.
    (6) Engine fuel type.
    (7) Recommended oil type.
    (8) Exhaust pipe configuration, pipe sizes, etc.
    (9) Curb or low idle speed.
    (10) Dynamometer idle speed (automatic transmission engines only).
    (11) Engine parameter specifications such as spark timing, operating 
temperature, advance curves, etc.
    (12) Engine performance data, such as maximum BHP, previously 
measured rated rpm, fuel consumption, governed speed, etc.
    (13) Recommended start-up procedure.
    (14) Maximum safe engine operating speed.
    (15) Number of hours of operation accumulated on engine.
    (16) Manufacturer's recommended inlet depression limit and typical 
in-use inlet depression level.
    (17) Exhaust system:
    (i) Diesel engines:
    (A) Header pipe inside diameter.
    (B) Tailpipe inside diameter.
    (C) Minimum distance in-use between the exhaust manifold flange and 
the exit of the chassis exhaust system.
    (D) Manufacturer's recommended maximum exhaust backpressure limit 
for the engine.
    (E) Typical backpressure, as determined by typical application of 
the engine.
    (F) Minimum backpressure required to meet applicable noise 
regulations.
    (ii) Otto-cycle engines: Typical in-use backpressure in vehicle 
exhaust system.
    (d) Pre-test data. The following data shall be recorded and reported 
to the Administrator for each test conducted for compliance with the 
provisions of subpart A of this part:
    (1) Engine-system combination.
    (2) Engine identification.
    (3) Instrument operator(s).
    (4) Engine operator(s).
    (5) Number of hours of operation accumulated on the engine prior to 
beginning the test sequence (Figure N84-10).

[[Page 253]]

    (6) Identification and specifications of test fuel used.
    (7) Date of most recent analytical assembly calibration.
    (8) All pertinent instrument information such as tuning, gain, 
serial numbers, detector number, calibration curve number, etc. As long 
as this information is traceable, it may be summarized by system or 
analyzer identification numbers.
    (e) Test data. The physical parameters necessary to compute the test 
results and ensure accuracy of the results shall be recorded for each 
test conducted for compliance with the provisions of subpart A of this 
part. Additional test data may be recorded at the discretion of the 
manufacturer. Extreme details of the test measurements such as analyzer 
chart deflections will generally not be required on a routine basis to 
be reported to the Administrator for each test, unless a dispute about 
the accuracy of the data arises. The following types of data shall be 
required to be reported to the Administrator. The Application Format for 
Certification for the applicable model year will specify the exact 
requirements which may change slightly from year to year with the 
addition or deletion of certain items.
    (1) Date and time of day.
    (2) Test number.
    (3) Engine intake air or test cell temperature.
    (4) Barometric pressure. (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.)
    (5) Engine intake or test cell and CVS dilution air humidity.
    (6) Maximum torque versus speed curve as determined in Sec. 
86.1332, with minimum and maximum engine speeds, and a description of 
the mapping technique used.
    (7) Measured maximum horsepower and maximum torque speeds.
    (8) Measured maximum horsepower and torque.
    (9) Measured high idle engine speed (governed diesel engines only).
    (10) Measured fuel consumption at maximum power and torque (diesel 
engines only).
    (11) Cold-soak time interval and cool down procedures.
    (12) Temperature set point of the heated continuous analysis system 
components (if applicable).
    (13) Test cycle validation statistics as specified in Sec. 86.1341 
for each test phase (cold and hot).
    (14) Total CVS flow rate with dilution factor for each test phase 
(cold and hot).
    (15) Temperature of the dilute exhaust mixture and secondary 
dilution air (in the case of a double dilution system) at the inlet to 
the respective gas meter(s) or flow instrumentation used for particulate 
sampling.
    (16) The maximum temperature of the dilute exhaust mixture 
immediately ahead of the particulate filter.
    (17) Sample concentrations (background corrected) for HC, CO, 
CO2 and NOX for each test phase (cold and hot).
    (18) For engines requiring methanol and/or formaldehyde measurement 
(as applicable):
    (i) Volume of sample passed through the methanol sampling system and 
the volume of deionized water in each impinger.
    (ii) The methanol concentration of the GC analyses of the test 
samples, [micro]g/ml.
    (iii) Volume of sample passed through the formaldehyde sampling 
system.
    (iv) The formaldehyde concentration of the LC analysis of the test 
sample, [micro]g/ml.
    (v) Specification of the methanol test fuel, or fuel mixtures, used 
during testing.
    (vi) 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.
    (19) For natural gas-fueled engines: Composition, including all 
carbon containing compounds; e.g., CO2. of the

[[Page 254]]

natural gas-fuel used during the test. C1 and C2 
compounds shall be individually reported. C3 and heavier 
compounds, and C6 and heavier compounds may be reported as a 
group.
    (20) For liquefied petroleum gas-fueled engines: 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.
    (21) The stabilized pre-test weight and post-test weight of each 
particulate sample and back-up filter or pair of filters.
    (22) Brake specific emissions (g/BHP-hr) for HC, CO, NOX, 
and, if applicable NMHC, NMHCE, THCE, CH3OH, and HCHO for 
each test phase (cold and hot).
    (23) The weighted (cold and hot) brake specific emissions (g/BHP-hr) 
for the total test.
    (24) The weighted (cold and hot) carbon balance or mass-measured 
brake specific fuel consumption for the total test.
    (25) The number of hours of operation accumulated on the engine 
after completing the test sequences described in Figure N84-10.

[59 FR 48535, Sept. 21, 1994, as amended at 60 FR 34376, June 30, 1995; 
62 FR 54730, Oct. 21, 1997]



Sec. 86.1360-2007  Supplemental emission test; test cycle and procedures.

    The test procedures of this subpart N apply for supplemental 
emission testing, except as specified otherwise in this section.
    (a) Applicability. This section applies to 2007 and later diesel 
heavy duty engines.
    (b) Test cycle. (1) Perform testing as described in Sec. 86.1362-
2007 for determining whether an engine meets the applicable standards 
when measured over the supplemental emission test.
    (2) For engines not certified to a NOX standard or FEL 
less than 1.5 g/bhp-hr, EPA may select, and require the manufacturer to 
conduct the test using, up to three discrete test points within the 
control area defined in paragraph (d) of this section. EPA will notify 
the manufacturer of these supplemental test points in writing in a 
timely manner before the test. Emission sampling for these discrete test 
modes must include all regulated pollutants except particulate matter.
    (3) For engines certified using the ramped-modal cycle specified in 
Sec. 86.1362, perform the three discrete test points described in 
paragraph (b)(2) of this section as follows:
    (i) Allow the engine to idle as needed to complete equipment checks 
following the supplemental emission test described in this section, then 
operate the engine over the three additional discrete test points.
    (ii) Validate the additional discrete test points as a composite 
test separate from the supplemental emission test, but in the same 
manner.
    (iii) Use the emission data collected during the time interval from 
35 to 5 seconds before the end of each mode (excluding transitions) to 
perform the MAEL calculations in paragraph (f) of this section.
    (c) Determining engine speeds. (1) The engine speeds A, B and C, 
referenced in the table in paragraph (b)(1) of this section, and speeds 
D and E, referenced in Sec. 86.1380, must be determined as follows:

Speed A = nlo + 0.25 x (nhi-nlo)
Speed B = nlo + 0.50 x (nhi-nlo)
Speed C = nlo + 0.75 x (nhi-nlo)
Speed D = nhi
Speed E = nlo + 0.15 x (nhi-nlo)

Where: nhi = High speed as determined by calculating 70% of 
          the maximum power. The highest engine speed where this power 
          value occurs on the power curve is defined as nhi.
nlo = Low speed as determined by calculating 50% of the 
          maximum power. The lowest engine speed where this power value 
          occurs on the power curve is defined as nlo.
Maximum power = the maximum observed power calculated according to the 
          engine mapping procedures defined in Sec. 86.1332.
    (d) Determining the control area. The control area extends from the 
engine speed A to C, as defined in paragraph (c) of this section, and 
extends from 25 to 100 percent load.
    (e) [Reserved]
    (f) Maximum allowable emission limits. (1) For gaseous emissions, 
the 12 non-idle test point results and the four-point linear 
interpolation procedure specified in paragraph (g) of this section for 
intermediate conditions, shall

[[Page 255]]

define Maximum Allowable Emission Limits for purposes of Sec. 86.007-
11(a)(3) except as modified under paragraph (f)(3) of this section. Each 
engine shall have it's own Maximum Allowable Emission Limits generated 
from the 12 non-idle supplemental steady state test points from that 
engine. The control area extends from the 25% to the 75% engine speeds, 
at engine loads of 25% to 100%, as defined in paragraph (d) of this 
section. Figure 1 of this paragraph (f)(1) depicts a sample Maximum 
Allowable Emission Limit curve, for illustration purposes only, as 
follows:
[GRAPHIC] [TIFF OMITTED] TR06OC00.006

    (2) If the weighted average emissions, calculated according to 
paragraph (e)(6) of this section, for any gaseous pollutant is equal to 
or lower than required by Sec. 86.007-11(a)(3), each of the 13 test 
values for that pollutant shall first be multiplied by the ratio of the 
applicable emission standard (under Sec. 86.007-11(a)(3)) to the 
weighted average emissions value, and then by 1.10 for interpolation 
allowance, before determining the Maximum Allowable Emission Limits 
under paragraph (f)(1) of this section.
    (3) If the Maximum Allowable Emission Limit for any point, as 
calculated under paragraphs (f)(1) and (2) of this section, is greater 
than the applicable Not-to-Exceed limit (if within the Not-to-Exceed 
control area defined in Sec. 86.1370-2007(b)), then the Maximum 
Allowable Emission Limit for that point shall be defined as the 
applicable Not-to-Exceed limit.

[[Page 256]]

    (g) Calculating intermediate test points. (1) For the three test 
points selected by EPA under paragraph (b)(2) of this section, the 
emissions must be measured and calculated as described in paragraph 
(e)(6)(i) of this section (except that n = 1 and WF = 1). The measured 
values then must be compared to the interpolated values according to 
paragraph (g)(3) of this section. The interpolated values are determined 
from the modes of the test cycle closest to the respective test point 
according to paragraph (g)(2) of this section.
    (2) Interpolating emission values from the test cycle. The gaseous 
emissions for each regulated pollutant for each of the control points 
(Z) must be interpolated from the four closest modes of the test cycle 
that envelop the selected control point Z as shown in Figure 2 of this 
paragraph (g)(2).
    (i) For these modes (R, S, T, U), the following definitions apply:
    (A) Speed (R) = Speed(T) = nRT.
    (B) Speed (S) = Speed(U) = nSU.
    (C) Per cent load (R) = Per cent load (S).
    (D) Per cent load (T) = Per cent load (U).
    (ii) The interpolated value of the brake specific gaseous emissions 
of the selected control point Z(EZ) must be calculated as follows:

EZ = ERS + (ETU-ERS) * 
    (MZ-MRS) / (MTU-MRS)

ETU = ET + (EU-ET) * 
    (nZ-nRT) / (nSU-nRT)

ERS = ER + (ES-ER) * 
    (nZ-nRT) / (nSU-nRT)

MTU = MT + (MU-MT) * 
    (nZ-nRT) / (nSU-nRT)

MRS = MR + (MS-MR) * 
    (nZ-nRT) / (nSU-nRT)

Where:

ER, ES, ET, EU = for each 
regulated pollutant, brake specific gaseous emissions of the enveloping 
modes adjusted according to the factors in(f)(2).
MR, MS, MT, MU = engine 
torque of the enveloping modes.
MZ = engine torque of the selected control point Z.
nZ = engine speed of the selected control point Z.

    (iii) Figure 2 follows:
    [GRAPHIC] [TIFF OMITTED] TR06OC00.007
    

[[Page 257]]


    (3) Comparing calculated and interpolated emission values. The 
measured brake specific gaseous emissions of the control point Z 
(XZ) must be less than or equal to the interpolated value 
(EZ).

[65 FR 59958, Oct. 6, 2000, as amended at 66 FR 5188, Jan. 18, 2001; 70 
FR 40439, July 13, 2005; 71 FR 51487, Aug. 30, 2006; 73 FR 37192, June 
30, 2008]



Sec. 86.1362-2007  Steady-state testing with a ramped-modal cycle.

    This section describes how to test engines under steady-state 
conditions. Manufacturers may alternatively use the procedures specified 
in Sec. 86.1363-2007 through the 2009 model year.
    (a) Start sampling at the beginning of the first mode and continue 
sampling until the end of the last mode. Calculate emissions as 
described in 40 CFR 1065.650 and cycle statistics as described in 40 CFR 
1065.514.
    (b) Measure emissions by testing the engine on a dynamometer with 
the following ramped-modal duty cycle to determine whether it meets the 
applicable steady-state emission standards:

----------------------------------------------------------------------------------------------------------------
                                          Time in mode
                RMC mode                    (seconds)        Engine  speed \1,2\        Torque  (percent) \2,3\
----------------------------------------------------------------------------------------------------------------
1a Steady-state........................             170  Warm Idle..................  0
1b Transition..........................              20  Linear Transition..........  Linear Transition
2a Steady-state........................             170  A..........................  100
2b Transition..........................              20  A..........................  Linear Transition
3a Steady-state........................             102  A..........................  25
3b Transition..........................              20  A..........................  Linear Transition
4a Steady-state........................             100  A..........................  75
4b Transition..........................              20  A..........................  Linear Transition
5a Steady-state........................             103  A..........................  50
5b Transition..........................              20  Linear Transition..........  Linear Transition
6a Steady-state........................             194  B..........................  100
6b Transition..........................              20  B..........................  Linear Transition
7a Steady-state........................             219  B..........................  25
7b Transition..........................              20  B..........................  Linear Transition
8a Steady-state........................             220  B..........................  75
8b Transition..........................              20  B..........................  Linear Transition
9a Steady-state........................             219  B..........................  50
9b Transition..........................              20  Linear Transition..........  Linear Transition
10a Steady-state.......................             171  C..........................  100
10b Transition.........................              20  C..........................  Linear Transition
11a Steady-state.......................             102  C..........................  25
11b Transition.........................              20  C..........................  Linear Transition
12a Steady-state.......................             100  C..........................  75
12b Transition.........................              20  C..........................  Linear Transition
13a Steady-state.......................             102  C..........................  50
13b Transition.........................              20  Linear Transition..........  Linear Transition
14 Steady-state........................             168  Warm Idle..................  0
----------------------------------------------------------------------------------------------------------------
\1\ Speed terms are defined in 40 CFR part 1065.
\2\ Advance from one mode to the next within a 20-second transition phase. During the transition phase, command
  a linear progression from the speed or torque setting of the current mode to the speed or torque setting of
  the next mode.
\3\ The percent torque is relative to maximum torque at the commanded engine speed.

    (c) During idle mode, operate the engine with the following 
parameters:
    (1) Hold the speed within your specifications.
    (2) Set the engine to operate at its minimum fueling rate.
    (3) Keep engine torque under 5 percent of maximum test torque.
    (d) [Reserved]
    (e) See 40 CFR part 1065 for detailed specifications of tolerances 
and calculations.
    (f) Perform the ramped-modal test with a warmed-up engine. If the 
ramped-modal test follows directly after testing over the Federal Test 
Procedure, consider the engine warm. Otherwise, operate the engine to 
warm it up as described in 40 CFR part 1065, subpart F.

[70 FR 40439, July 13, 2005, as amended 73 FR 37193, June 30, 2008]



Sec. 86.1362-2010  Steady-state testing with a ramped-modal cycle.

    This section describes how to test engines under steady-state 
conditions. For model years through 2009, manufacturers may use the mode 
order described in this section or in Sec. 86.1362-

[[Page 258]]

2007. Starting in model year 2010 manufacturers must use the mode order 
described in this section with the following exception: for model year 
2010, manufacturers may continue to use the cycle specified in Sec. 
86.1362-2007 as long as it does not adversely affect the ability to 
demonstrate compliance with the standards.
    (a) Start sampling at the beginning of the first mode and continue 
sampling until the end of the last mode. Calculate emissions as 
described in 40 CFR 1065.650 and cycle statistics as described in 40 CFR 
1065.514.
    (b) Measure emissions by testing the engine on a dynamometer with 
the following ramped-modal duty cycle to determine whether it meets the 
applicable steady-state emission standards:

----------------------------------------------------------------------------------------------------------------
                                           Time in mode
                RMC mode                     (seconds)       Engine  speed \1\ \2\     Torque  (percent) \2\ \3\
----------------------------------------------------------------------------------------------------------------
1a Steady-state.........................             170  Warm Idle.................  0
1b Transition...........................              20  Linear Transition.........  Linear Transition.
2a Steady-state.........................             173  A.........................  100
2b Transition...........................              20  Linear Transition.........  Linear Transition.
3a Steady-state.........................             219  B.........................  50
3b Transition...........................              20  B.........................  Linear Transition.
4a Steady-state.........................             217  B.........................  75
4b Transition...........................              20  Linear Transition.........  Linear Transition.
5a Steady-state.........................             103  A.........................  50
5b Transition...........................              20  A.........................  Linear Transition.
6a Steady-state.........................             100  A.........................  75
6b Transition...........................              20  A.........................  Linear Transition.
7a Steady-state.........................             103  A.........................  25
7b Transition...........................              20  Linear Transition.........  Linear Transition.
8a Steady-state.........................             194  B.........................  100
8b Transition...........................              20  B.........................  Linear Transition.
9a Steady-state.........................             218  B.........................  25
9b Transition...........................              20  Linear Transition.........  Linear Transition.
10a Steady-state........................             171  C.........................  100
10b Transition..........................              20  C.........................  Linear Transition.
11a Steady-state........................             102  C.........................  25
11b Transition..........................              20  C.........................  Linear Transition.
12a Steady-state........................             100  C.........................  75
12b Transition..........................              20  C.........................  Linear Transition.
13a Steady-state........................             102  C.........................  50
13b Transition..........................              20  Linear Transition.........  Linear Transition.
14 Steady-state.........................             168  Warm Idle.................  0
----------------------------------------------------------------------------------------------------------------
\1\ Speed terms are defined in 40 CFR part 1065.
\2\ Advance from one mode to the next within a 20-second transition phase. During the transition phase, command
  a linear progression from the speed or torque setting of the current mode to the speed or torque setting of
  the next mode.
\3\ The percent torque is relative to maximum torque at the commanded engine speed.

    (c) During idle mode, operate the engine at its warm idle as 
described in 40 CFR part 1065.
    (d) See 40 CFR part 1065 for detailed specifications of tolerances 
and calculations.
    (e) Perform the ramped-modal test with a warmed-up engine. If the 
ramped-modal test follows directly after testing over the Federal Test 
Procedure, consider the engine warm. Otherwise, operate the engine to 
warm it up as described in 40 CFR part 1065, subpart F.

[73 FR 37193, June 30, 2008]



Sec. 86.1363-2007  Steady-state testing with a discrete-mode cycle.

    This section describes an alternate procedure for steady-state 
testing that manufacturers may use through the 2009 model year.
    (a) Use the following 13-mode cycle in dynamometer operation on the 
test engine:

----------------------------------------------------------------------------------------------------------------
                                                                   Percent load      Weighting      Mode length
               Mode No.                     Engine speed \1\            \2\           factors      (minutes) \3\
----------------------------------------------------------------------------------------------------------------
1....................................  Warm Idle................  ..............            0.15               4
2....................................  A........................             100            0.08               2
3....................................  B........................              50            0.10               2

[[Page 259]]

 
4....................................  B........................              75            0.10               2
5....................................  A........................              50            0.05               2
6....................................  A........................              75            0.05               2
7....................................  A........................              25            0.05               2
8....................................  B........................             100            0.09               2
9....................................  B........................              25            0.10               2
10...................................  C........................             100            0.08               2
11...................................  C........................              25            0.05               2
12...................................  C........................              75            0.05               2
13...................................  C........................              50            0.05               2
----------------------------------------------------------------------------------------------------------------
\1\ Speed terms are defined in 40 CFR part 1065.
\2\ The percent torque is relative to the maximum torque at the commanded test speed.
\3\ Upon Administrator approval, the manufacturer may use other mode lengths.

    (b) Prior to beginning the test sequence, the engine must be warmed-
up according to the procedures in Sec. 86.1332-90(d)(3)(i) through 
(iv).
    (c) The test must be performed in the order of the mode numbers in 
paragraph (a) of this section. Where applicable, the EPA-selected test 
points identified under Sec. 86.1360-2007(b)(2) must be performed 
immediately upon completion of mode 13. The engine must be operated for 
the prescribed time in each mode, completing engine speed and load 
changes in the first 20 seconds of each mode. The specified speed must 
be held to within 50 rpm and the specified torque 
must be held to within plus or minus two percent of the maximum torque 
at the test speed.
    (d) One filter shall be used for sampling PM over the 13-mode test 
procedure. The modal weighting factors specified in paragraph (a) of 
this section shall be taken into account by taking a sample proportional 
to the exhaust mass flow during each individual mode of the cycle. This 
can be achieved by adjusting sample flow rate, sampling time, and/or 
dilution ratio, accordingly, so that the criterion for the effective 
weighting factors is met. The sampling time per mode must be at least 4 
seconds per 0.01 weighting factor. Sampling must be conducted as late as 
possible within each mode. Particulate sampling shall be completed no 
earlier than 5 seconds before the end of each mode.
    (e) The test must be conducted with all emission-related engine 
control variables in the highest brake-specific NOX emissions 
state which could be encountered for a 30 second or longer averaging 
period at the given test point and for the conditions under which the 
engine is being tested.
    (f) Manufacturers must follow the exhaust emissions sample analysis 
procedures under Sec. 86.1340, and the calculation formulas and 
procedures under Sec. 86.1342, for the 13-mode cycle and the 3 EPA-
selected test points as applicable for steady-state testing, including 
the NOX correction factor for humidity.
    (g) Calculate the weighted average emissions as follows:
    (1) For each regulated gaseous pollutant, calculate the weighted 
average emissions using the following equation:
[GRAPHIC] [TIFF OMITTED] TR06MY08.009

Where:

AWA = Weighted average emissions for each regulated gaseous 
pollutant, in grams per brake horse-power hour.
AM = Modal average mass emissions level, in grams per hour. 
Mass emissions must be calculated as described in Sec. 86.1342.
AP = Modal average power, in brake horse-power. Any power 
measured during the idle mode (mode 1) is not included in this 
calculation.
WF = Weighting factor corresponding to each mode of the steady-state 
test cycle, as defined in paragraph (a) of this section.
i = The modes of the steady-state test cycle defined in paragraph (a) of 
this section.
n = 13, corresponding to the 13 modes of the steady-state test cycle 
defined in paragraph (a) of this section.

    (2) For PM measurements, a single filter must be used to measure PM 
over the 13 modes. The brake-specific PM emission level for the test 
must be calculated as described for a transient hot

[[Page 260]]

start test in Sec. 86.1343. Only the power measured during the sampling 
period shall be used in the calculation.
    (h) The test fuel used for supplemental steady-state testing under 
this section must meet the requirements of Sec. 86.1313.
    (i) Ambient conditions, charge cooling specifications, and intake 
and exhaust restrictions for supplemental steady-state testing and 
maximum allowable emission limit testing under this section must meet 
the requirements of Sec. 86.1330.

[70 FR 40440, July 13, 2005, as amended at 73 FR 37193, June 30, 2008]



Sec. 86.1370-2007  Not-To-Exceed test procedures.

    (a) General. The purpose of this test procedure is to measure in-use 
emissions of heavy-duty diesel engines while operating within a broad 
range of speed and load points (the Not-To-Exceed Control Area) and 
under conditions which can reasonably be expected to be encountered in 
normal vehicle operation and use. Emission results from this test 
procedure are to be compared to the Not-To-Exceed Limits specified in 
Sec. 86.007-11(a)(4), or to later Not-To-Exceed Limits. The Not-To-
Exceed Limits do not apply for engine-starting conditions. Tests 
conducted using the procedures specified in Sec. 86.1301 are considered 
valid Not-To-Exceed tests (Note: duty cycles and limits on ambient 
conditions do not apply for Not-To-Exceed tests).
    (b) Not-to-exceed control area for diesel heavy-duty engines. The 
Not-To-Exceed Control Area for diesel heavy-duty engines consists of the 
following engine speed and load points:
    (1) All operating speeds greater than the speed calculated using the 
following formula, where nhi and nlo are 
determined according to the provisions in Sec. 86.1360(c):

nlo+0.15x(nhi-nlo)

    (2) All engine load points greater than or equal to 30% or more of 
the maximum torque value produced by the engine.
    (3) Notwithstanding the provisions of paragraphs (b)(1) and (b)(2) 
of this section, all operating speed and load points with brake specific 
fuel consumption (BSFC) values within 5% of the minimum BSFC value of 
the engine. For the purposes of this requirement, BFSC must be 
calculated under the general test cell conditions specified in Sec. 
86.1330. The manufacturer may petition the Administrator at 
certification to exclude such points if the manufacturer can demonstrate 
that the engine is not expected to operate at such points in normal 
vehicle operation and use. Engines equipped with drivelines with multi-
speed manual transmissions or automatic transmissions with a finite 
number of gears are not subject to the requirements of this paragraph 
(b)(3).
    (4) Notwithstanding the provisions of paragraphs (b)(1) through 
(b)(3) of this section, speed and load points below 30% of the maximum 
power value produced by the engine shall be excluded from the Not-To-
Exceed Control Area for all emissions.
    (5) [Reserved]
    (6)(i) For petroleum-fueled diesel cycle engines, the manufacturer 
may identify particular engine-vehicle combinations and may petition the 
Administrator at certification to exclude operating points from the Not-
to-Exceed Control Area defined in Sec. 86.1370(b)(1) through (5) if the 
manufacturer can demonstrate that the engine is not capable of operating 
at such points when used in the specified engine-vehicle combination(s).
    (ii) For diesel cycle engines that are not petroleum-fueled, the 
manufacturer may petition the Administrator at certification to exclude 
operating points from the Not-to-Exceed Control Area defined in Sec. 
86.1370(b)(1) through (5) if the manufacturer can demonstrate that the 
engine is not expected to operate at such points in normal vehicle 
operation and use.
    (7) Manufacturers may petition the Administrator to limit NTE 
testing in a single defined region of speeds and loads. Such a defined 
region must generally be of elliptical or rectangular shape, and must 
share some portion of its boundary with the outside limits of the NTE 
zone. Under this provision testing would not be allowed with sampling 
periods in which operation within that region constitutes more than 5.0 
percent of the time-weighted operation

[[Page 261]]

within the sampling period. Approval of this limit by the Administrator 
is contingent on the manufacturer satisfactorily demonstrating that 
operation at the speeds and loads within that region accounts for less 
than 5.0 percent of all in-use operation (weighted by vehicle-miles-
traveled or other EPA-approved weightings) for the in-use engines of 
that configuration (or sufficiently similar engines). At a minimum, this 
demonstration must include operational data from representative in-use 
vehicles.
    (c) [Reserved]
    (d) Not-to-exceed control area limits. (1) When operated within the 
Not-To-Exceed Control Area defined in paragraph (b) of this section, 
diesel engine emissions shall not exceed the applicable Not-To-Exceed 
Limits specified in Sec. 86.007-11(a)(4) when averaged over any period 
of time greater than or equal to 30 seconds, except where a longer 
averaging period is required by paragraph (d)(2) of this section.
    (2) For engines equipped with emission controls that include 
discrete regeneration events, if a regeneration event occurs during the 
NTE test, then the averaging period must be at least as long as the time 
between the events multiplied by the number of full regeneration events 
within the sampling period. The requirement in this paragraph (d)(2) 
only applies for engines that send an electronic signal indicating the 
start of the regeneration event.
    (e) Ambient corrections. The measured data shall be corrected based 
on the ambient conditions under which it was taken, as specified in this 
section.
    (1) For engines operating within the ambient conditions specified in 
Sec. 86.007-11(a)(4)(ii)(a):
    (i) NOX emissions shall be corrected for ambient air 
humidity to a standard humidity level of 50 grains (7.14 g/kg) if the 
humidity of the intake air was below 50 grains, or to 75 grains (10.71 
g/kg) if above 75 grains.
    (ii) NOX and PM emissions shall be corrected for ambient 
air temperature to a temperature of 55 degrees F (12.8 degrees C) for 
ambient air temperatures below 55 degrees F or to 95 degrees F (35.0 
degrees C) if the ambient air temperature is above 95 degrees F.
    (iii) No ambient air temperature or humidity correction factors 
shall be used within the ranges of 50-75 grains or 55-95 degrees F.
    (iv) Where test conditions require such correction factors, the 
manufacturer must use good engineering judgement and generally accepted 
engineering practice to determine the appropriate correction factors, 
subject to EPA review.
    (2) For engines operating within the ambient conditions specified in 
Sec. 86.007-11(a)(4)(ii)(b):
    (i) NOX emissions shall be corrected for ambient air 
humidity to a standard humidity level of 50 grains (7.14 g/kg) if the 
humidity of the intake air was below 50 grains, or to 75 grains (10.71 
g/kg) if above 75 grains.
    (ii) NOX and PM emissions shall be corrected for ambient 
air temperature to a temperature of 55 degrees F (12.8 degrees C) for 
ambient air temperatures below 55 degrees F.
    (iii) No ambient air temperature or humidity correction factors 
shall be used within the ranges of 50-75 grains or for temperatures 
greater than or equal to 55 degrees F.
    (iv) Where test conditions require such correction factors, the 
manufacturer must use good engineering judgement and generally accepted 
engineering practice to determine the appropriate correction factors, 
subject to EPA review.
    (f) NTE cold temperature operating exclusion. Engines equipped with 
exhaust gas recirculation (EGR) whose operation within the NTE control 
area specified in Sec. 86.1370(b) when operating during cold 
temperature conditions as specified in paragraph (f)(1) of this section 
are not subject to the NTE emission limits during the specified cold 
temperature operation conditions.
    (1) Cold temperature operation is defined as engine operating 
conditions meeting either of the following two criteria:
    (i) Intake manifold temperature (IMT) less than or equal to the 
temperature defined by the following relationship between IMT and 
absolute intake manifold pressure (IMP) for the corresponding IMP:
[GRAPHIC] [TIFF OMITTED] TR06OC00.009


[[Page 262]]


Where:

P = absolute intake manifold pressure in bars.
IMT = intake manifold temperature in degrees Fahrenheit.

    (ii) Engine coolant temperature (ECT) less than or equal to the 
temperature defined by the following relationship between ECT and 
absolute intake manifold pressure (IMP) for the corresponding IMP:
[GRAPHIC] [TIFF OMITTED] TR06OC00.010

Where:

P = absolute intake manifold pressure in bars.
ECT = engine coolant temperature in degrees Fahrenheit.

    (2) [Reserved]
    (g) NOX and NMHC aftertreatment warm-up. For engines 
equipped with one or more aftertreatment devices that reduce 
NOX or NMHC emissions, the NTE NOX and NMHC 
emission limits do not apply when the exhaust gas temperature is 
measured within 12 inches of the outlet of the aftertreatment device and 
is less the 250 [deg]C. For multi-bed systems, it is the temperature at 
the outlet of the device with the maximum flow rate that determines 
whether the NTE limits apply.

[65 FR 59961, Oct. 6, 2000, as amended at 66 FR 5188, Jan. 18, 2001; 70 
FR 40441, July 13, 2005]



Sec. 86.1372-2007  Measuring smoke emissions within the NTE zone.

    This section contains the measurement techniques to be used for 
determining compliance with the filter smoke limit or opacity limits in 
Sec. 86.007-11(b)(1)(iv).
    (a) For steady-state or transient smoke testing using full-flow 
opacimeters, equipment meeting the requirements of subpart I of this 
part or ISO/DIS-11614 ``Reciprocating internal combustion compression-
ignition engines--Apparatus for measurement of the opacity and for 
determination of the light absorption coefficient of exhaust gas'' is 
required. This document is incorporated by reference (see Sec. 86.1).
    (1) All full-flow opacimeter measurements shall be reported as the 
equivalent percent opacity for a five inch effective optical path length 
using the Beer-Lambert relationship.
    (2) Zero and full-scale (100 percent opacity) span shall be adjusted 
prior to testing.
    (3) Post test zero and full scale span checks shall be performed. 
For valid tests, zero and span drift between the pre-test and post-test 
checks shall be less than two percent of full-scale.
    (4) Opacimeter calibration and linearity checks shall be performed 
using manufacturer's recommendations or good engineering practice.
    (b) For steady-state testing using a filter-type smokemeter, 
equipment meeting the requirements of ISO/FDIS-10054 ``Internal 
combustion compression-ignition engines--Measurement apparatus for smoke 
from engines operating under steady-state conditions--Filter-type 
smokemeter'' is recommended. Other equipment may be used provided it is 
approved in advance by the Administrator.
    (1) All filter-type smokemeter results shall be reported as a filter 
smoke number (FSN) that is similar to the Bosch smoke number (BSN) 
scale.
    (2) Filter-type smokemeters shall be calibrated every 90 days using 
manufacturer's recommended practices or good engineering practice.
    (c) For steady-state testing using a partial-flow opacimeter, 
equipment meeting the requirements of ISO-8178-3 and ISO/DIS-11614 is 
recommended. Other equipment may be used provided it is approved in 
advance by the Administrator.
    (1) All partial-flow opacimeter measurements shall be reported as 
the equivalent percent opacity for a five inch effective optical path 
length using the Beer-Lambert relationship.
    (2) Zero and full scale (100 percent opacity) span shall be adjusted 
prior to testing.
    (3) Post-test zero and full scale span checks shall be performed. 
For valid tests, zero and span drift between the pre-test and post-test 
checks shall be less than two percent of full scale.
    (4) Opacimeter calibration and linearity checks shall be performed 
using manufacturer's recommendations or good engineering practice.
    (d) Replicate smoke tests may be run to improve confidence in a 
single test

[[Page 263]]

or stabilization. If replicate tests are run, three additional tests 
which confirm to this section shall be run, and the final reported test 
results must be the average of all the valid tests.
    (e) A minimum of thirty seconds sampling time shall be used for 
average transient smoke measurements. The opacity values used for this 
averaging must be collected at a minimum rate of 1 data point per 
second, and all data points used in the averaging must be equally spaced 
in time.

[65 FR 59962, Oct. 6, 2000]



Sec. 86.1375-2007  Equipment specifications for field testing.

    For testing conducted with engines installed in vehicles, including 
field testing conducted to measure emissions under Not-To-Exceed test 
procedures, use the test procedures and equipment specified in 40 CFR 
part 1065, subpart J.

[70 FR 34619, June 14, 2005]



Sec. 86.1380-2004  Load response test.

    (a) General. This section applies to 2004 through 2007 model year 
heavy-duty diesel engines. The purpose of this test procedure is to 
measure the brake-specific gaseous and particulate emissions from a 
heavy-duty diesel engine as it is suddenly loaded, with its fueling 
lever, at a given engine operating speed. The results of this test 
procedure are not compared to emission standards, and this test is not 
considered part of the Federal Test Procedure. This procedure shall be 
conducted on a dynamometer.
    (b) Test conditions and equipment. All laboratory conditions, 
laboratory equipment, engine set-up procedures, test fuel, and testing 
conditions specified in this subpart for transient testing shall apply 
to the Load Response Test where applicable.
    (c) Test sequence. (1) The test has 5 separate measurement segments, 
each identified by a specific engine speed. At each of the following 
speeds, beginning with the lowest torque point at that engine speed 
within the NTE control area for NMHC+NOX, the engine fuel 
control shall be moved suddenly to the full fuel position and held at 
that point for four seconds, while the specified speed is maintained 
constant within the tolerances of the test facility. After the four 
second full fuel position, the load should be immediately brought back 
to the minimum NTE control area load for the specified engine speed for 
a period of 6 seconds. Prior to the beginning of each measurement 
segment, the engine shall be warmed up at the supplemental steady-state 
Mode 4 conditions (75% engine load, Speed B as specified in Sec. 
86.1360) until engine oil temperature has stabilized.
    (i) Speed A as determined in Sec. 86.1360(c);
    (ii) Speed B as determined in Sec. 86.1360(c);
    (iii) Speed C as determined in Sec. 86.1360(c);
    (iv) Speed D as determined in Sec. 86.1360(c);
    (v) Speed E as determined in Sec. 86.1360(c).
    (2) The test sequence at each engine speed may be repeated, without 
pause between repeats, if it is necessary to obtain sufficient 
particulate matter sample amount for analysis.
    (3) The exhaust emissions sample shall be analyzed using the 
applicable procedures under Sec. 86.1340, and the exhaust emission 
shall be calculated using the applicable procedures under Sec. 86.1342, 
for each measurement segment. Sampling rates for engine speed, engine 
load, and gaseous emissions shall performed a minium rate of 10 Hz. 
Emissions for all regulated pollutants must be calculated and reported 
for each test speed condition in terms of g/bhp-hr.
    (4) Data must be collected beginning with the start of the 
transition from the minimum NTE control area load to the full fuel 
position. Data must be collected until the end of the (final if 
repeated) 6 second operational period at the minimum NTE control area 
load described in paragraph (c)(1) of this section. Good engineering 
practice must be used to ensure that the sampling time is properly 
aligned with the engine operation.

[65 FR 59963, Oct. 6, 2000]

[[Page 264]]



Subpart O_Emission Regulations for New Gasoline-Fueled Otto-Cycle Light-

  Duty Vehicles and New Gasoline-Fueled Otto-Cycle Light-Duty Trucks; 

                   Certification Short Test Procedures

    Source: 58 FR 58426, Nov. 1, 1993, unless otherwise noted.



Sec. 86.1401  Scope; applicability.

    (a) This subpart contains CST procedures for gasoline-fueled Otto-
cycle light-duty vehicles, and for gasoline-fueled Otto-cycle light-duty 
trucks, including those certified to operate using both gasoline and 
another fuel (for example, ``flexible-fuel'' or ``dual-fuel'' light-duty 
vehicles and light-duty trucks). For the purposes of the Certification 
Short Test, flexible-fuel or dual-fuel vehicles will be treated as 
dedicated gasoline vehicles. This subpart applies to 1996 and later mode 
years.
    (b) References in this subpart to engine families and emission 
control systems shall be deemed to refer to durability groups and test 
groups as applicable for manufacturers certifying new light-duty 
vehicles and light-duty trucks under the provisions of subpart S of this 
part.

[64 FR 23922, May 4, 1999]



Sec. 86.1402  Definitions.

    The definitions in Sec. 86.096-2 apply to this subpart.



Sec. 86.1403  Abbreviations.

    The abbreviations in Sec. 86.096-3 apply to this subpart.



Sec. 86.1404  [Reserved]



Sec. 86.1405  Introduction; structure of subpart.

    (a) This subpart describes equipment and the procedures required to 
perform the CST on gasoline-fueled Otto-cycle light-duty vehicles and 
gasoline-fueled Otto-cycle light-duty trucks (including those certified 
to operate using both gasoline and another fuel). Subpart A of this part 
sets forth the testing requirements, reporting requirements and test 
intervals necessary to comply with EPA certification procedures, subpart 
G of this part sets forth the requirements for Selective Enforcement 
Auditing of light-duty vehicles, subpart H of this part sets forth the 
standards for in-use testing, subpart K of this part sets forth the 
requirements for Selective Enforcement Auditing of light-duty trucks, 
and part 85, subpart W of this chapter sets forth the testing 
requirements for inspection and maintenance testing (which also may be 
utilized as part of the CST as defined in this subpart).
    (b) Three topics are addressed in this subpart. Sections 86.1406 
through 86.1413 set forth specifications and equipment requirements; 
Sec. Sec. 86.1416 through 86.1426 discuss calibration methods and 
frequency; and test procedures and data requirements are described in 
Sec. Sec. 86.1427 through 86.1442.



Sec. 86.1406  Equipment required and specifications; overview.

    (a) Exhaust emission tests. All vehicles subject to this subpart are 
tested for exhaust emissions.
    (1) Dynamometer. (i) When a CST employs steady state loaded 
operation, the dynamometer must be adjusted to the lowest available 
inertia weight setting and must meet the load speed relationships 
described in Sec. 86.1439(d). When a CST employs transient loaded 
warmup operation or loaded preconditioning, the dynamometer must be 
adjusted to the power absorption unit and inertia weight settings as 
described in Sec. 86.129 of this part.
    (ii) All other requirements of this paragraph are set forth in 
Sec. Sec. 85.2230 and 85.2233 of this chapter.
    (2) Exhaust gas analysis system. (i) The requirements for the 
exhaust gas analysis system are set forth in Sec. Sec. 85.2225 and 
85.2233 of this chapter, except that the NO channel is optional. For the 
purposes of the CST, non-dispersive infrared analyzers are specified for 
measuring emissions.
    (ii) If desired, the line extending between the sample probe and the 
analyzer may be insulated to minimize condensation.
    (b) Fuel and analytical tests. Fuel requirements for the CST are 
specified in Sec. Sec. 86.113, 86.213, and 86.1413.

[58 FR 58426, Nov. 1, 1993; 59 FR 33913, July 1, 1994]

[[Page 265]]



Sec. Sec. 86.1407-86.1412  [Reserved]



Sec. 86.1413  Fuel specifications.

    (a) The test fuel to be used for the CST test options described in 
tables O-96-1 and O-96-2 of Sec. 86.1430(b) must conform to the 
specifications listed in paragraph (b) of this section except that for 
manufacturer data submittal testing for the purposes of obtaining a 
certificate of conformity and for Selective Enforcement Audit testing, 
the octane specification of the fuels does not apply. For all gasoline-
fueled Otto-cycle light-duty vehicles and gasoline-fueled Otto-cycle 
light-duty trucks (including those certified to operate using both 
gasoline fuel and another fuel), CST procedures performed for the 
purpose of obtaining a certificate of conformity must be conducted using 
the appropriate gasoline fuel only, as indicated in paragraph (b) of 
this section.
    (b) CST test fuels by option. (1) Test Option 1: Use Cold CO fuel as 
specified in the table in Sec. 86.213-94.
    (2) Test Option 2: Use Cold CO fuel, as specified in the table in 
Sec. 86.213-94; optionally, the Administrator may substitute Otto-cycle 
test fuel, as described in Sec. 86.113-94(a)(1).
    (3) Test Option 3: Use Otto-cycle test fuel as specified in the 
table in Sec. 86.113-94(a)(1).



Sec. Sec. 86.1414-86.1415  [Reserved]



Sec. 86.1416  Calibration; frequency and overview.

    (a) Calibrations are performed as specified in Sec. 85.2233 of this 
chapter, with the exception that the calibrations performed at 72 hour 
intervals in Sec. 85.2233(e) of this chapter are instead performed 
prior to each CST.
    (b) At least monthly, or after any maintenance which could alter 
calibration, the calibration of the analyzer must be checked. The 
analyzer must be adjusted or repaired as necessary.
    (c) Water traps, filters, and conditioning columns must be checked 
before each test, and adjusted, repaired or replaced as necessary.
    (d) Other equipment used for testing must be calibrated as often as 
necessary in accordance with good engineering practice.



Sec. Sec. 86.1417-86.1421  [Reserved]



Sec. 86.1422  Analyzer calibration.

    (a) Determine that the analyzer has met the acceptance criteria 
specified in Sec. 85.2225 of this chapter.
    (b) Initial and periodic check. Prior to its introduction into 
service and at specified periods thereafter, the analyzer must receive 
calibration in accordance with Sec. 85.2233 of this chapter and with 
good engineering practice.



Sec. Sec. 86.1423-86.1426  [Reserved]



Sec. 86.1427  Certification Short Test procedure; overview.

    (a) The test procedure described in this subpart is designed to 
measure raw concentrations of CO (percent) and HC (parts per million) in 
the exhaust flow under conditions and test modes that may be encountered 
in the conduct of the Emission Control System Performance Warranty Short 
Tests, described in part 85, subpart W of this chapter. Emission 
sampling may occur during idle, 2500 rpm, and loaded modes. Specific 
conditions defined by this test procedure include fuel characteristics, 
ambient temperature, and waiting periods prior to being tested.
    (b) Testing by the manufacturer for certification data submittal. 
(1) The options provided for testing under this subpart include a cold 
temperature test with Cold CO fuel, a moderate temperature test with 
Cold CO fuel, and a warm temperature test with FTP Otto-cycle test fuel, 
as described in table O-96-1 of Sec. 86.1430. The manufacturer must 
complete testing for the data submittal (as required by the provisions 
of Sec. 86.096-23(c)) under a minimum of one of these scenarios.
    (2) In addition to testing under one of the sets of conditions 
specified in this subpart, the manufacturer may optionally test under 
conditions outside the ranges specified in this subpart.
    (c) Testing by the Administrator. The Administrator reserves the 
right to conduct testing in accordance with the test procedures 
described in Sec. 86.1439, under test conditions within the ranges 
specified in this subpart. The options provided for testing under this 
subpart include a cold temperature test with Cold CO fuel, a moderate 
temperature

[[Page 266]]

test with Cold CO fuel, a moderate temperature test with Otto-cycle test 
fuel, and a warm temperature test with Otto-cycle test fuel, as 
described in table O-96-2 of Sec. 86.1430. In order for an engine 
family to be eligible for certification, each of its test vehicles that 
is subjected to one or more CSTs must obtain a passing result for each 
combination of fuel, temperature, and test procedure employed in those 
CSTs, subject to the Administrator's discretion.
    (d) Alternative test procedures and exemptions. (1) The manufacturer 
may request an exemption from any specific test(s) described in Sec. 
86.1439 for any engine family for which the specific test(s) is not 
appropriate. The requester will supply relevant test data and technical 
support to substantiate the request for an Administrator-granted 
exemption.
    (2) The manufacturer may request alternative test procedures for any 
engine family for which none of the test procedures described in Sec. 
86.1439 is appropriate. The alternative test procedure(s) must be 
approved in advance by the Administrator in accordance with the 
provisions of Sec. 85.2208 of this chapter.
    (3) If the manufacturer does not submit a written application for 
use of alternative test procedures or for exemptions from specific test 
procedures described in Sec. 86.1439 but the Administrator determines 
that an engine family 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).
    (4) The emission control information label for any vehicle for which 
approval of exemptions or alternative test procedure(s) has been granted 
must note such approval, in accordance with Sec. 86.096-35, in order 
for the exemptions or alternative procedures to be effective for that 
vehicle.



Sec. Sec. 86.1428-86.1429  [Reserved]



Sec. 86.1430  Certification Short Test sequence; general requirements.

    (a) The following sequence lists the major steps encountered during 
the CST. These steps are described in paragraph (b) of this section and 
in Sec. Sec. 86.1432, 86.1437, 86.1438, and 86.1439. Testing conducted 
for the manufacturer's data submittal must be in accordance with the 
provisions of Sec. Sec. 86.096-23 and 86.1442.
    (1) Test conditions and procedures--(i) Manufacturer's data 
submittal. Test conditions must be selected from table O-96-1 of 
paragraph (b) of this section. Further, the vehicle preparation and test 
run must be those described in Sec. Sec. 86.1432 and 86.1437. Figure 
O96-1 shows the steps encountered as the test vehicle undergoes the 
procedures subsequently described.

[[Page 267]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.236


[[Page 268]]


    (ii) Testing by the Administrator. Test conditions are selected from 
among the set of conditions in table O-96-2 of paragraph (b) of this 
section. Further, one or more CST(s) are performed in accordance with 
the provisions of Sec. Sec. 86.1432, 86.1438, and 86.1439. Figure O96-2 
shows the steps encountered as the test vehicle undergoes the procedures 
subsequently described.

[[Page 269]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.237

    (2) Fuel tank drain and refill, or transient test procedure. Fuel 
tank drain and fill is performed or a transient test procedure is 
performed, as described in Sec. 86.1432(b).

[[Page 270]]

    (3) Soak. A soak lasting up to 36 hours in duration may optionally 
be performed as specified in Sec. 86.1432(c).
    (4) Warmup operation--(i) Manufacturer's data submittal. The test 
vehicle may optionally be administered the first 505 seconds of the 
Urban Dynamometer Driving Schedule (UDDS), as described in Sec. 
86.1432(d)(1). If the test vehicle was subjected to a Cold CO Test 
Procedure in lieu of the steps listed in paragraphs (a) (2) through (4) 
of this section, it will not receive a warmup.
    (ii) Testing by the Administrator. (A) If the test vehicle has not 
been subjected to a transient loaded test procedure as permitted in 
Sec. 86.1432(b)(2) prior to the wait time, or if the vehicle has 
undergone a soak period exceeding 60 seconds, the test vehicle must be 
administered, at minimum, the first 505 seconds of the UDDS, as 
described in Sec. 86.1432(d)(2).
    (B) If the test vehicle is exposed to ambient temperatures outside 
of the specified temperature range between an initial test and a retest, 
it will receive a full UDDS, as described in Sec. 86.1438.
    (5) Wait time--(i) Manufacturer's data submittal. A 25 to 30 minute 
vehicle wait time of free idle, with optional engine off/restart cycles, 
must be performed as specified in Sec. 86.1437(b).
    (ii) Testing by the Administrator. A three to 30 minute vehicle wait 
time of free idle with optional engine off/restart cycles must be 
performed as specified in Sec. 86.1438(b).
    (6) Preconditioning--(i) Manufacturer's data submittal. Optional 
preconditioning consisting of 2500 rpm (300 rpm) 
idle operation or loaded operation at 30 mph to 50 mph (48 kph to 80 
kph) may be performed for 25 to 30 seconds as specified in Sec. 
86.1437(c).
    (ii) Testing by the Administrator. Preconditioning consisting of 
2500 rpm (300 rpm) idle operation or loaded 
operation at 30 mph to 50 mph (48 kph to 80 kph) must be performed for a 
minimum of 30 seconds as specified in Sec. 86.1438(c).
    (7) Test procedure--(i) Manufacturer's data submittal. The test 
procedure consists of the Two Speed Idle Test (first chance only), which 
is performed as specified in Sec. 86.1437 (e) through (g).
    (ii) Testing by the Administrator. The Administrator will perform 
one or more test procedures described in Sec. 86.1439. For recall 
program testing, in-use vehicles will be set to the manufacturer's 
specifications, if appropriate.
    (b) The sets of test conditions identified in this subpart are based 
on the test fuel type present in the vehicle fuel tank and the ambient 
temperature during the test. Tables O-96-1 and O-96-2 outline the 
specific ranges of conditions to be employed in the CST. The 
manufacturer must perform the CST described in this subpart under at 
least one of the three sets of conditions shown in table O-96-1 for data 
submittal under the provisions of Sec. 86.096-23. The set of conditions 
selected is the one that, in the manufacturer's best judgment, 
represents the worst case, meaning the highest probability that the test 
vehicle would fail.

          Table O--96-1--Sets of Conditions To Be Employed for Manufacturer's Data Submittal in the CST
----------------------------------------------------------------------------------------------------------------
                                            Test Option 1            Test Option 2            Test Option 3
                                      --------------------------------------------------------------------------
                                           Cold Temperature       Moderate Temperature       Warm Temperature
----------------------------------------------------------------------------------------------------------------
Fuel Type............................  Cold CO fuel (see table  Cold CO fuel (see table  Otto-cycle test fuel
                                        in Sec.  86.213-94).    in Sec.  86.213-94).    (see table in Sec.
                                                                                          86.113-94(a)(1))
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
Ambient temperature..................  15 [deg]F--25 [deg]F (-  68 [deg]F--86 [deg]F     86 [deg]F--96 [deg]F
                                        9 [deg]C---4 [deg]C).    (20 [deg]C--30 [deg]C).  (30 [deg]C--36 [deg]C)
----------------------------------------------------------------------------------------------------------------


                Table O--96-2--Sets of Conditions To Be Employed by the Administrator in the CST
----------------------------------------------------------------------------------------------------------------
                                            Test Option 1            Test Option 2            Test Option 3
                                      --------------------------------------------------------------------------
                                           Cold Temperature       Moderate Temperature       Warm Temperature
----------------------------------------------------------------------------------------------------------------
Fuel Type............................  Cold CO fuel (see table  Otto-cycle test fuel or  Otto-cycle test fuel
                                        in Sec.  86.213-94).    Cold CO fuel (see        (see table in Sec.
                                                                 table in Sec.  86.113-  86.113-94)
                                                                 94(a)(1) or in Sec.
                                                                 86.213-94).
----------------------------------------------------------------------------------------------------------------

[[Page 271]]

 
Ambient temperature..................  15 [deg]F--25 [deg]F (-  68 [deg]F--86 [deg]F     86 [deg]F--96 [deg]F
                                        9 [deg]C---4 [deg]C).    (20 [deg]C--30 [deg]C).  (30 [deg]C--36 [deg]C)
----------------------------------------------------------------------------------------------------------------

    (c) For testing conducted in accordance with this subpart, the 
ambient temperature to which the test vehicle is exposed must not fall 
outside the range specified in this paragraph.
    (1) For the cold temperature compliance pathways--(i) For the 
manufacturer's data submittal. The ambient temperature for the steps 
following the fuel drain and fill or transient test procedure must 
remain between 15 [deg]F and 25 [deg]F (between -9 [deg]C and -4 
[deg]C).
    (ii) For testing by the Administrator. The ambient temperature for 
the remainder of the compliance pathway beginning with the step 
following the fuel drain and fill must remain between 15 [deg]F and 68 
[deg]F (between -9 [deg]C and 20 [deg]C). In addition, from the warmup 
operation step (if performed) or the wait time step forward through the 
remainder of the CST, the ambient temperature must be maintained within 
5 [deg]F (3 [deg]C) of the selected ambient 
temperature of the CST.
    (2) For the moderate and warm temperature compliance pathways--(i) 
For the manufacturer's data submittal. The ambient temperature for the 
steps preceding the warmup operation (if performed) or the wait time (if 
no warmup is performed) must remain within the specific ambient 
temperature range selected for the CST, that is, either moderate or 
warm, as specified in table O-96-1.
    (ii) For testing by the Administrator. The ambient temperature for 
the steps preceding the warmup operation (if performed) or the wait time 
(if no warmup is performed) must remain between 68 [deg]F and 96 [deg]F 
(between 20 [deg]C and 36 [deg]C), except as provided in paragraph 
(c)(3) of this section.
    (iii) The warmup operation (if performed) and the entire test run 
from the wait time forward, as described in Sec. 86.1437 or Sec. 
86.1438, must remain within the specific ambient temperature range 
selected for the CST, that is, either moderate or warm, as specified in 
tables O-96-1 and O-96-2.
    (3) For testing by the Administrator only. If Cold CO fuel is 
selected in conjunction with the moderate temperature compliance 
pathway, the specific provisions described in paragraphs (c)(3) (i) and 
(ii) of this section apply.
    (i) The ambient temperature must be maintained within the moderate 
temperature range, as specified in table O-96-2, from the drain and fuel 
step forward throughout the remainder of the compliance pathway.
    (ii) The ambient temperature of the test cell may not exceed 80 
[deg]F (27 [deg]C) for the warmup operation (if performed) nor for the 
entire test run from the wait time forward, as described in Sec. Sec. 
86.1438 and 86.1439.
    (d) If the engine stalls at any time during the test run, the CST is 
void unless the stall falls during the wait time within the guidelines 
for engine off time described in Sec. Sec. 86.1437 (b) and (d) and 
86.1438(d)(1)(i).

[58 FR 58426, Nov. 1, 1993; 59 FR 33913, July 1, 1994]



Sec. 86.1431  [Reserved]



Sec. 86.1432  Vehicle preparation.

    (a) The test conditions to be employed in the CST procedure must be 
selected from the applicable options specified in table O-96-1 or table 
O-96-2 of Sec. 86.1430(b). The fuel tank must be fitted, as required, 
to accommodate a fuel drain at the lowest point possible in the tank(s) 
as installed on the vehicle.
    (b) Fuel tank drain and fill, or transient test procedure--(1) CST 
performed as a stand-alone procedure. For the first CST compliance 
pathway performed as a stand-alone procedure on a particular test 
vehicle, the fuel tank(s) must be filled to approximately the prescribed 
``tank fuel volume'' (as defined in Sec. 86.082-2) with the specified 
test fuel.

[[Page 272]]

For the cold temperature compliance pathway, the temperature of the fuel 
prior to its delivery to the fuel tank must be less than or equal to 60 
[deg]F (16 [deg]C). If the existing fuel in the fuel tank(s) does not 
meet the specifications contained in Sec. Sec. 86.1413 and 86.1430(b), 
the existing fuel must be drained prior to the fuel fill as specified 
above. Other refueling during a CST may not be performed. Draining and 
refueling between successive CSTs is allowed and is required prior to 
any CST for which the specified fuel is different than that existing in 
the tank(s). Any soak or operation that follows this step, until the 
conclusion of the CST sequence, must occur at an ambient temperature 
that is within the allowable temperature range described in Sec. 
86.1430(c).
    (2) CST performed in sequence with other confirmatory testing. 
Certain complete confirmatory test procedures, as indicated in 
paragraphs (b)(2) (i) and (ii) of this section, may be substituted for 
the vehicle preparation steps described in paragraph (b)(1), (c), and 
(d) of this section. If the vehicle is to be subjected to one or more of 
these other confirmatory test procedures, the vehicle is prepared in 
accordance with the applicable complete procedures from the point of 
fuel drain and fill.
    (i) Manufacturer's data submittal. The only test procedure that the 
manufacturer may select to substitute for paragraphs (b)(1), (c)(1), and 
(d)(1) of this section for the purposes of its data submittal is the 
Cold CO Test Procedure, performed in accordance with subpart C of this 
part.
    (ii) Testing by the Administrator. The complete confirmatory test 
sequences that the Administrator may select to substitute for paragraph 
(b)(1) of this section are listed in paragraphs (b)(2)(ii) (A) through 
(C) of this section.
    (A) Federal Test Procedure for exhaust emissions (except when 
performing evaporative test sequence) or for fuel economy testing, in 
accordance with subpart B of this part.
    (B) Highway Fuel Economy Test Procedure, in accordance with part 600 
of this chapter (which must follow a Federal Test Procedure).
    (C) Cold CO Test Procedure, in accordance with subpart C of this 
part.
    (c) Soak--(1) Manufacturer's data submittal. A vehicle soak prior to 
the wait time is optional if the CST sequence is performed as a stand-
alone procedure. If the manufacturer elects to perform a Cold CO Test 
Procedure in conjunction with the CST as permitted in paragraph (b)(2) 
of this section, the soak and subsequent warmup are not conducted, and 
instead the procedure must move directly to the wait time step described 
in Sec. 86.1437(b). If the test vehicle undergoes a soak period, it 
must be maintained at an ambient temperature within the temperature 
range specified in Sec. 86.1430(c), for a period not to exceed 36 hours 
in duration, except as provided in paragraph (d)(1) of this section. 
Ambient temperature during soak periods must remain within the 
appropriate temperature range for the selected test option.
    (2) Testing by the Administrator. (i) The test sequence may proceed 
directly to the wait time step described in Sec. 86.1438(b) within 60 
seconds of the end of vehicle operation conducted in accordance with 
paragraph (b)(2) of this section.
    (ii) Optionally, the test vehicle may soak at an ambient temperature 
within the temperature range specified in Sec. 86.1430(c), for a period 
up to 36 hours in duration, except as provided in paragraph (d)(2) of 
this section. If the Administrator opts to soak the test vehicle, warmup 
operation must be performed as described in paragraph (d)(2) of this 
section.
    (d) Warmup operation--(1) Manufacturer's data submittal. Warmup 
operation is optional. Warmup consists of loaded operation over the 
first 505 seconds of the UDDS (in accordance with Sec. 86.115 and 
appendix I to this part), or optionally, if the soak period has exceeded 
36 hours, a full UDDS. Warmup operation must occur within the specific 
ambient temperature range for the selected test option, as given in 
table O-96-1 of Sec. 86.1430.
    (2) Testing by the Administrator. Warmup operation is performed if 
no transient operation of the type specified in Sec. 86.1432(b)(2) is 
performed prior to the wait time, or if the optional soak exceeds 60 
seconds. Warmup operation consists of, at a minimum, loaded operation 
over the first 505 seconds of

[[Page 273]]

the UDDS (in accordance with Sec. 86.115 and appendix I to this part), 
or, if the soak period has exceeded 36 hours, a full UDDS. Warmup 
operation must occur within the specific ambient temperature range for 
the selected test option, as given in table O-96-2 of Sec. 86.1430, 
except as specified in paragraphs (e)(2)(i) and (ii) of this section. 
Warmup operation must proceed immediately to the wait time step at Sec. 
86.1438(b).
    (i) For moderate temperature testing utilizing Cold CO fuel only, 
the ambient temperature may not exceed 80 [deg]F (27 [deg]C) during 
warmup operation, or any of the succeeding steps in the CST sequence.
    (ii) For the cold temperature pathway only, warmup operation must 
occur not only within the specific ambient temperature range indicated 
in table O-96-2 of Sec. 86.1430, but must also occur within 5 [deg]F (3 
[deg]C) of the selected test temperature.



Sec. 86.1433  [Reserved]



Sec. 86.1434  Equipment preparation.

    (a) Immediately prior to the wait time portion of the test run 
described in Sec. 86.1437 or Sec. 86.1438, or immediately prior to 
warmup operation, the steps described in paragraphs (b) through (d) of 
this section must be performed.
    (b) Check the device(s) for removing water from the exhaust sample 
and the sample filter(s). Remove any water from the water trap(s). Clean 
and replace the filter(s) as necessary.
    (c) Set the zero and span points of the analyzer with the electrical 
spanning network or with analytical gases.
    (d) Attach the tachometer to the vehicle in accordance with the 
analyzer manufacturer's instructions. The manufacturer must ensure, for 
all test and production vehicles and engines, that the rpm signal is 
capable of being read by an exhaust gas analyzer via:
    (1) A conventional inductive tachometer; or
    (2) The onboard diagnostics (OBD) connector, as described under the 
provisions of Sec. 86.094-17; or
    (3) A dedicated electrical lead, marked ``rpm'' and located under 
the hood, with a female-type, quarter-inch spade terminal. The digital 
transistor-transistor logic (TTL) signal must span the 0V-5V range at a 
rate of one pulse per engine revolution, synchronized to the top dead 
center position.



Sec. Sec. 86.1435-86.1436  [Reserved]



Sec. 86.1437  Test run--manufacturer.

    (a) This section describes the test run performed by the 
manufacturer for its data submittal pursuant to obtaining a certificate 
of conformity under the provisions of Sec. 86.096-23. The test run 
consists of the wait time, vehicle preconditioning (optional), and the 
selected test procedure. The entire test run is performed in accordance 
with the conditions in the option selected from table O-96-1 of Sec. 
86.1430.
    (b) Wait time. (1) If the vehicle is not already idling, the vehicle 
is started and allowed to idle freely with the transmission in neutral. 
The vehicle wait time begins when the vehicle engine speed is between 
350 and 1100 rpm. The engine speed must attain the specified idle speed 
within ten seconds of beginning the idle period. A timer for the wait 
time portion of the test run will initiate (wt=0) when the vehicle is 
turned on or when it returns to idle after any transient test procedure, 
as described in Sec. 86.1432.
    (2) Following the first three minutes of idle, this wait time may be 
interrupted by engine off/restart cycles occurring no more frequently 
than every five minutes, with each engine off period having a maximum 
duration of two minutes. Each period of idle following a restart must be 
a minimum of three minutes in duration. During each idle period, the 
engine speed must not exceed 1100 rpm or fall below 350 rpm for more 
than five seconds in any one excursion. The total duration of the wait 
time, including time at idle and time during engine off periods, is 25 
to 30 minutes.
    (c) Optional preconditioning. Immediately following the wait time, 
the engine speed is increased to 2500300 rpm for 
25 to 30 seconds or, optionally, the vehicle will undergo loaded 
operation for a minimum of 30 seconds between the speeds of 30 and 50 
mph (48 to 80 kph). The period allowed for preconditioning commences 
upon attaining the specified rpm or speed range. No more

[[Page 274]]

than ten seconds may elapse between terminating the wait time and 
attaining the specified rpm or speed range for preconditioning.
    (d) Immediately following the wait time, described in paragraph (b) 
of this section, or, if performed, the optional preconditioning 
described in paragraph (c), the test procedure as described in 
paragraphs (e) through (g) of this section is performed on the test 
vehicle. The general requirements described in paragraphs (d) (1) 
through (4) of this section apply.
    (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) 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.
    (3) Multiple exhaust pipes. Exhaust gas concentrations from vehicle 
engines equipped with multiple exhaust pipes must be sampled 
simultaneously.
    (4) 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. 86.096-8(a) for light-duty vehicles and in 
Sec. 86.096-9(a) for light-duty trucks, and the measured value for HC 
and CO as described in paragraph (d)(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.
    (e) Test sequence--general requirements. (1) The test sequence 
consists of an idle mode followed by a high-speed mode. The test timer 
starts when the conditions specified in this paragraph are met. The 
overall maximum test time is 290 seconds (tt=290). The test terminates 
immediately upon reaching the overall maximum test time. A vehicle that 
has not yielded passing results by the expiration of the overall test 
time fails the test.
    (2) The test sequence begins only after the requirements described 
in paragraphs (e)(2) (i) and (ii) of this section are met. If these 
conditions are not met within one minute upon completion of the wait 
time or, if performed, the preconditioning, the CST must be aborted.
    (i) The vehicle is tested 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) The tachometer must be attached to the vehicle in accordance 
with the analyzer manufacturer's instructions.
    (iii) The sample probe is inserted into the 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, or the probe may be 
inserted into the tailpipe to CVS connector through an aperture provided 
for this purpose.
    (iv) The measured concentration of CO plus CO2 must be 
greater than or equal to six percent.
    (f) Idle mode. (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 time is 30 seconds. The maximum idle 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 terminated as described in paragraphs (f)(2) (i) through 
(iii) of this section.
    (i) The vehicle passes the idle mode and the mode is terminated at 
the end of an elapsed time of 30 seconds (mt=30) if the measured values 
are less than or equal to the applicable short test standards as 
described in paragraph (d)(4) of this section.
    (ii) 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

[[Page 275]]

90 seconds (mt=90), the measured values are less than or equal to the 
applicable short test standards as described in paragraph (d)(4) of this 
section.
    (iii) The vehicle fails the idle mode and the test is terminated if 
none of the provisions of paragraphs (f)(2) (i) and (ii) of this section 
is met by an elapsed time of 90 seconds (mt=90).
    (g) High-speed mode. This mode follows immediately upon termination 
of the idle mode.
    (1) 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 all excursions within 30 seconds of the final 
measured value used in 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 in 
paragraph (g)(2) of this section. The maximum high-speed 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 terminated as described in paragraphs (g)(2)(i) through 
(iii) of this section.
    (i) The vehicle passes the high-speed mode and the mode is 
terminated at the end of an elapsed time of 30 seconds (mt=30) if the 
measured values are less than or equal to the applicable short test 
standards as described in paragraph (d)(4) of this section.
    (ii) The vehicle passes the high-speed 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 described in 
paragraph (d)(4) of this section.
    (iii) The vehicle fails the high-speed mode and the test is 
terminated if none of the provisions of paragraphs (g)(2) (i) and (ii) 
of this section is met by an elapsed time of 90 seconds (mt=90).

[58 FR 58426, Nov. 1, 1993; 59 FR 33913, July 1, 1994]



Sec. 86.1438  Test run--EPA.

    (a) This section describes the test run performed by the 
Administrator for confirmatory testing pursuant to issuing a certificate 
of conformity under the provisions of Sec. 86.091-29. The Administrator 
may also employ this procedure for Selective Enforcement Audit and 
recall purposes. For recall program testing, in-use vehicles will be set 
to manufacturer's specifications prior to conduct of the CST. The test 
run consists of the wait time, vehicle preconditioning, and the selected 
test procedure. The test run is performed in accordance with the 
conditions in the option selected from table O-96-2 of Sec. 86.1430. If 
the CST is performed in conjunction with other confirmatory testing in 
accordance with Sec. 86.1432(b)(2) and (c)(2), the vehicle must undergo 
the CST at the same specified ambient temperature range as that of the 
other confirmatory testing performed immediately prior to the optional 
vehicle soak, except as specified in paragraphs (a) (1) and (2) of this 
section.
    (1) If the transient confirmatory testing was performed at the 
moderate temperature range specified in Sec. 86.1430 and utilized Otto-
cycle test fuel, it may optionally be followed by a CST sequence as 
described in Sec. 86.1432 (b) and (c) at the warm ambient temperature 
range.
    (2) If the transient confirmatory testing was performed at the 
moderate temperature range specified in Sec. 86.1430 and utilized Cold 
CO test fuel, it may optionally be followed by a CST sequence as 
described in Sec. 86.1432 (b) and (c) at the moderate ambient 
temperature range, except that if the ambient temperature exceeds 80 
[deg]F (27 [deg]C) at any point for the remainder of the sequence from 
the wait time forward, a non-passing test result renders the test void.
    (b) Wait time. (1) If the vehicle is not already idling, the vehicle 
is started and allowed to idle freely with the transmission in neutral. 
The vehicle wait time begins when the vehicle engine speed is between 
350 and 1100 rpm. The specified idle speed range must be attained within 
ten seconds of beginning the idle operation. A timer for the wait time 
portion of the test run will initiate (wt=0) when it returns to idle

[[Page 276]]

after any transient operation that occurs immediately prior to the wait 
time, as described in Sec. 86.1432, or when the vehicle is restarted 
after being shut off prior to the wait time.
    (2) Following the first three minutes of idle, this wait time may be 
interrupted by vehicle engine off/restart cycles occurring no more 
frequently than every five minutes, with each engine off period having a 
maximum duration of two minutes. Each period of idle following a restart 
must be a minimum of three minutes in duration. During each idle period, 
the engine speed must not exceed 1100 rpm or fall below 350 rpm for more 
than five seconds in any one excursion, except during the allowable 
engine-off periods. The total duration of the wait time, including time 
at idle and time during engine off periods, is three to 30 minutes.
    (c) Preconditioning. Immediately following the wait time, the 
vehicle is preconditioned by increasing engine speed to 2500 300 rpm for a minimum of 30 seconds, or, optionally, the 
vehicle will undergo loaded operation for a minimum of 30 seconds 
between the speeds of 30 and 50 mph (48 to 80 kph).
    (d) Immediately following the preconditioning described in paragraph 
(c) of this section, the test procedure as described in paragraphs (e) 
through (g) of this section is performed on the test vehicle. When the 
CST--Loaded Test as described in Sec. 86.1439(d) is selected, the 
appropriate changes to dynamometer power absorption and inertia weight 
settings must be completed and the test sequence resumed as soon as 
possible following completion of preconditioning. The general 
requirements described in paragraphs (d) (1) through (4) of this section 
apply.
    (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) 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.
    (3) Multiple exhaust pipes. Exhaust gas concentrations from vehicle 
engines equipped with multiple exhaust pipes must be sampled 
simultaneously.
    (4) Pass/fail determination. For certification and Selective 
Enforcement Audit testing, a pass or fail determination is made for each 
applicable test mode based on a comparison of the measured value for HC 
and CO as described in paragraph (d)(1) of this section with the short 
test standards contained in Sec. 86.096-8(a) for light-duty vehicles or 
in Sec. 86.096-9(a) for light-duty trucks. For recall testing, a pass 
or fail determination is made for each applicable test mode based on a 
comparison of the measured value for HC and CO as described in paragraph 
(d)(1) of this section with the short test standards contained in Sec. 
86.708(a) for light-duty vehicles or in Sec. 86.709(a) for light-duty 
trucks. 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.
    (e) Test sequence--general requirements. The test timer starts only 
after the requirements described in paragraphs (e) (1) through (4) of 
this section are met. If these conditions are not met within one minute 
upon completion of the preconditioning, the CST must be aborted.
    (1) The vehicle is tested 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).
    (2) The tachometer must be attached to the vehicle in accordance 
with the analyzer manufacturer's instructions.
    (3) The sample probe is inserted into the 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, or the probe may be 
inserted into the tailpipe to CVS connector through an aperture provided 
for this purpose.

[[Page 277]]

    (4) The measured concentration of CO plus CO2 must be 
greater than or equal to six percent.
    (f) When the requirements listed in paragraph (e) of this section 
have been satisfied, the procedure selected by the Administrator from 
among the emission tests described in Sec. 86.1439 is performed on the 
test vehicle in accordance with the conditions prescribed in this 
section and Sec. Sec. 86.1430 and 86.1432.
    (g) If a certification test vehicle fails its initial confirmatory 
CST, a retest must be given in accordance with the provisions of Sec. 
86.091-29(a)(3)(iii)(B)(1) unless the manufacturer withdraws the vehicle 
from the certification process.
    (1) A vehicle receiving a retest must re-enter the confirmatory 
pathway at either:
    (i) The soak time step, as described in Sec. 86.1432, or
    (ii) The drain and fill step preceding the soak time option, as 
described in Sec. 86.1432(b)(1), using the same type of fuel as was 
used in the initial CST. The vehicle may optionally be filled to the 
specified level defined in Sec. 86.082 without being drained.
    (2) A vehicle receiving a retest must either:
    (i) Be maintained in the same ambient temperature range as that 
specified for the initial confirmatory CST (as described in Sec. 
86.1430(c)) from the termination of the initial confirmatory CST 
throughout the retest, or,
    (ii) If the vehicle is exposed to ambient temperatures outside of 
the specified temperature range, before it enters the wait time it must 
be given a warmup consisting of a full Urban Dynamometer Driving 
Schedule procedure at the specified ambient temperature range for the 
initial CST. The test vehicle will be maintained at the same ambient 
temperature range as that specified for the initial confirmatory CST 
from this step throughout the remainder of the retest.
    (h) Multiple CSTs. The Administrator may elect to conduct more than 
one type of CST on a test vehicle.
    (1) If the Administrator elects to change fuels between one CST and 
a subsequent CST, the subsequent CST initiates at the drain and fill 
step described in Sec. 86.1432(b)(1).
    (2) If the Administrator elects to utilize the same fuel between one 
CST and a subsequent CST other than a retest, the Administrator may 
optionally initiate the subsequent CST at the vehicle soak step 
specified in Sec. 86.1432(d).

[58 FR 58426, Nov. 1, 1993; 59 FR 33913, July 1, 1994]



Sec. 86.1439  Certification Short Test emission test procedures--EPA.

    (a) The portions of the performance warranty test procedures 
described in part 85, subpart W of this chapter designated as ``second-
chance'' which are analogous to the CST emission test procedures do not 
apply to the testing performed in accordance with this subpart. The 
Administrator selects from among the CST emission test procedures listed 
in paragraphs (b) through (f) of this section, which are incorporated 
into the vehicle test run at the point described in Sec. 86.1438(f); 
that is, after the requirements of Sec. 86.1438(e) have been satisfied.
    (b) CST--Two-speed idle test. This test consists of an idle sampling 
mode followed immediately by a high-speed sampling mode. The test timer 
starts (tt=0) when the conditions specified in Sec. 86.1438(e) are met. 
The overall maximum test time is 290 seconds (tt=290). The test 
terminates immediately upon reaching the overall maximum test time. A 
vehicle that has not yielded passing results by the expiration of the 
overall test time fails the test.
    (1) 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 mode time is 30 seconds. 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 (b)(1)(ii) (A) and 
(B) of this section.
    (A) The vehicle passes the idle mode if the measured values are less 
than or equal to the applicable short test standards as described in 
Sec. 86.1438(d)(4) prior to an elapsed time of 90 seconds (mt=90). If 
the vehicle passes, the mode

[[Page 278]]

terminates immediately, or after an elapsed time of 30 seconds (mt=30), 
whichever comes second.
    (B) The vehicle fails the idle mode and the test is immediately 
terminated if the requirements of paragraph (b)(1)(i)(A) of this section 
are not satisfied by an elapsed time of 90 seconds (mt=90).
    (2) High-speed mode. This mode follows immediately upon termination 
of the 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 all excursions within 30 seconds of the final 
measured value used in 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 in 
paragraph (b)(2)(ii) of this section. The maximum 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 terminates as described in paragraphs (b)(2)(ii) (A) and 
(B) of this section.
    (A) The vehicle passes the high-speed mode and the test is 
immediately terminated if, at any point prior to an elapsed time of 90 
seconds (mt=90), the measured values are less than or equal to the 
applicable short test standards as described in Sec. 86.1438(d)(4).
    (B) The vehicle fails the high-speed mode and the test is terminated 
if the requirements of paragraph (b)(2)(ii)(A) of this section are not 
satisfied by an elapsed time of 90 seconds (mt=90).
    (c) CST--Idle test. This test consists of an idle sampling mode 
only. The test timer starts when the conditions specified in Sec. 
86.1438(e) are met. The overall maximum test time is 145 seconds 
(tt=145). The test terminates immediately upon reaching the overall 
maximum test time. A vehicle that has not yielded passing results by the 
expiration of the overall test time fails the test.
    (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) and 
(ii) of this section.
    (i) The vehicle passes the idle mode and the test is immediately 
terminated if, at any point prior to an elapsed time of 90 seconds 
(mt=90), the measured values are less than or equal to the applicable 
short test standards as described in Sec. 86.1438(d)(4).
    (ii) The vehicle fails the idle mode and the test is terminated if 
the requirements of paragraph (c)(2)(i) of this section are not 
satisfied by an elapsed time of 90 seconds (mt=90).
    (d) CST--Loaded test. This test consists of a loaded sampling mode 
followed immediately by an idle sampling mode. The test timer starts 
(tt=0) when the conditions specified in Sec. 86.1438(e) are met, and 
the gear selector is in `drive' for automatic transmissions, or in 
second gear (or third gear if more appropriate) for manual 
transmissions. The overall maximum test time is 240 seconds (tt=240). 
The test terminates immediately upon reaching the overall maximum test 
time. A vehicle that has not yielded passing results by the expiration 
of the overall test time fails the test.
    (1) Loaded mode. (i) 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 
(d)(1)(ii) (A) and (B) of this section. The maximum mode length is 90 
seconds elapsed time (mt=90).

[[Page 279]]



                        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)
------------------------------------------------------------------------

    (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 (d)(1)(ii) (A) 
and (B) of this section.
    (A) The vehicle passes the loaded mode if the measured values are 
less than or equal to the applicable short test standards as described 
in Sec. 86.1438(d)(4) prior to an elapsed time of 90 seconds (mt=90). 
If the vehicle passes, the mode terminates immediately, or after an 
elapsed time of 30 seconds (mt=30), whichever comes second.
    (B) The vehicle fails the loaded mode and the test is terminated if 
the requirements of paragraph (d)(1)(ii)(A) of this section are not 
satisfied by an elapsed time of 90 seconds (mt=90).
    (2) Idle mode. (i) The mode timer starts (mt=0) five seconds after 
the dynamometer speed has reached zero and the gear selector is in 
`park' or `neutral'. The minimum idle mode length is determined as 
described in paragraph (d)(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 is terminated in accordance with paragraphs (d)(2)(ii) (A) 
and (B) of this section.
    (A) The vehicle passes the idle mode and the test is immediately 
terminated if, at any point prior to an elapsed time of 90 seconds 
(mt=90), measured values are less than or equal to the applicable short 
test standards described in Sec. 86.1438(d)(4).
    (B) The vehicle fails the idle mode and the test terminates if the 
requirements of paragraph (d)(2)(ii)(A) of this section are not 
satisfied by an elapsed time of 90 seconds (mt=90).
    (e) CST--Preconditioned idle test. This test consists of a high-
speed preconditioning mode followed immediately by an idle sampling 
mode. The test timer starts (tt=0) when the conditions specified in 
Sec. 86.1438(e) are met. The overall maximum test time is 200 seconds 
(tt=200). The test terminates immediately upon reaching the overall 
maximum test time. A vehicle that has not yielded passing results by the 
expiration of the overall test time fails the test.
    (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 (e)(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 (e)(2)(ii) (A) and 
(B) of this section.
    (A) The vehicle passes the idle mode and the test is immediately 
terminated if, at any point prior to an elapsed time of 90 seconds 
(mt=90), the measured values are less than or equal to the applicable 
short test standards as described in Sec. 86.1438(d)(4).
    (B) The vehicle fails the idle mode and the test terminates if the 
requirements of paragraph (e)(2)(ii)(A) of this section are not 
satisfied by an elapsed time of 90 seconds (mt=90).
    (f) CST--Preconditioned two-speed idle test. This test consists of a 
high-speed sampling mode followed immediately by an idle sampling mode. 
The test timer starts (tt=0) when the conditions specified in Sec. 
86.1438(e) are met. The overall maximum test time is 290 seconds 
(tt=290). The test terminates immediately upon reaching the overall 
maximum test time. A vehicle that has

[[Page 280]]

not yielded passing results by the expiration of the overall test time 
fails the test.
    (1) 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 (f)(1)(ii) (A) 
and (B) 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 
described in Sec. 86.1438(d).
    (B) The vehicle fails the high-speed mode and the test is terminated 
if the requirements of paragraph (f)(1)(ii)(A) of this section are not 
satisfied by an elapsed time of 90 seconds (mt=90).
    (2) 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 idle mode length is determined as described 
in paragraph (f)(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 is terminated in accordance with paragraphs (f)(2)(ii) (A) 
and (B) of this section.
    (A) The vehicle passes the idle mode and the test is immediately 
terminated if, at any point prior to an elapsed time of 90 seconds 
(mt=90), the measured values are less than or equal to the applicable 
short test standards as described in Sec. 86.1438(d)(4).
    (B) The vehicle fails the idle mode and the test is terminated if 
the requirements of paragraphs (f)(2)(ii)(A) of this section are not 
satisfied by an elapsed time of 90 seconds (mt=90).

[58 FR 58426, Nov. 1, 1993; 59 FR 33913, 33914, July 1, 1994]



Sec. Sec. 86.1440-86.1441  [Reserved]



Sec. 86.1442  Information required.

    (a) General data. The information listed in paragraphs (a) (1) 
through (14) of this section must be recorded with respect to each CST. 
Elements of this general data may be located separately from the CST 
emission data, as long as the general data can easily be presented 
together with the CST emission data when a complete data set for the 
vehicle is desired.
    (1) Test number.
    (2) Vehicle description, including engine family code, vehicle ID 
number, version number, manufacturer, number of cylinders, equivalent 
test weight, weight class and odometer reading.
    (3) Date and time of day for the test.
    (4) Driver and equipment operator IDs.
    (5) Gas analyzers: Analyzer bench ID, analyzer ranges, recordings of 
analyzer output during zero, span, and sample readings.
    (6) Recorder charts or computer printouts: Test number, date, 
vehicle ID, operator ID, and identification of the measurements 
recorded.
    (7) Soak area ambient temperature ([deg]F).
    (8) Test cell ambient temperature ([deg]F), barometric pressure, and 
humidity. (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.)
    (9) Test fuel: RVP and type (Otto-cycle test fuel or Cold CO test 
fuel).
    (10) Warmup operation performed, for example, none, full Urban 
Dynamometer Driving Schedule (UDDS), first 505 seconds of the UDDS, 
other confirmatory test procedure, other transient operation.

[[Page 281]]

    (11) Wait time characteristics, including total time and engine off/
restart cycle schedule.
    (12) Preconditioning; duration and type, for example, minimum 2500 
rpm idle or minimum 30 mph (48 kph) loaded steady state operation.
    (13) CST procedure type, as described in Sec. 86.1439.
    (14) Dynamometer ID.
    (b) CST emission data. For each CST, the information listed in 
paragraphs (b) (1) through (3) of this section must be recorded with 
respect to each sampling mode.
    (1) The reported exhaust concentrations, i.e., those for which the 
product of HC+(151*CO) is at a minimum. Round initial test results to 
the number of decimal places contained in the respective standards 
expressed to one additional significant figure; round final test results 
to the number of decimal places contained in the respective standards. 
Rounding is done in accordance with ASTM E 29-90, Standard Practice for 
Using Significant Digits in Test Data to Determine Conformance with 
Specifications. This procedure has been incorporated by reference (see 
Sec. 86.1).
    (2) The test time and mode time at which the reported exhaust 
concentrations are at a minimum.
    (3) Minimum CO+CO2 concentration (if applicable).



 Subpart P_Emission Regulations for Otto-Cycle Heavy-Duty Engines, New 

 Methanol-Fueled Natural Gas-Fueled, and Liquefied Petroleum Gas-Fueled 

 Diesel-Cycle Heavy-Duty Engines, New Otto-Cycle Light-Duty Trucks, and 

  New Methanol-Fueled Natural Gas-Fueled, and Liquefied Petroleum Gas-

       Fueled Diesel-Cycle Light-Duty Trucks; Idle Test Procedures

    Authority: Secs. 202, 206, 207, 208, 301(a), Clean Air Act, as 
amended 42 U.S.C. 7521, 7525, 7541, 7542, and 7601.

    Source: 48 FR 52252, Nov. 16, 1983, unless otherwise noted.



Sec. 86.1501  Scope; applicability.

    (a) This subpart contains gaseous emission idle test procedures for 
light-duty trucks and heavy-duty engines for which idle CO standards 
apply. It applies to 1994 and later model years. The idle test 
procedures are optionally applicable to 1994 through 1996 model year 
natural gas-fueled and liquified petroleum gas-fueled light-duty trucks 
and heavy-duty engines.
    (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 trucks 
and Otto-cycle complete heavy-duty vehicles under the provisions of 
subpart S of this part.

[65 FR 59963, Oct. 6, 2000. Redesignated at 73 FR 37194, June 30, 2008]



Sec. 86.1502  Definitions.

    The definitions in Sec. 86.084-2 or Sec. 86.1803-01, as 
applicable, apply to this subpart.

[64 FR 23923, May 4, 1999. Redesignated at 73 FR 37194, June 30, 2008]



Sec. 86.1503  Abbreviations.

    The abbreviations in Sec. 86.084-3 or in Sec. 86.1804-01, as 
applicable, apply to this subpart.

[64 FR 23923, May 4, 1999. Redesignated at 73 FR 37194, June 30, 2008]



Sec. 86.1505  Introduction; structure of subpart.

    (a) This subpart describes the equipment and the procedures required 
to perform idle exhaust emission tests on heavy-duty engines and light-
duty trucks. Subpart A of this part sets forth the testing requirements, 
reporting requirements and test intervals necessary to comply with EPA 
certification procedures.
    (b) Four topics are addressed in this subpart. Sections 86.1505 
through 86.1515 set forth specifications and equipment requirements; 
Sec. Sec. 86.1516 through 86.1526 discuss calibration methods and 
frequency; test procedures and data requirements are listed in

[[Page 282]]

Sec. Sec. 86.1527 through 86.1542 and calculation formulas are found in 
Sec. 86.1544.

[59 FR 48536, Sept. 21, 1994, as amended at 60 FR 34376, June 30, 1995. 
Redesignated at 73 FR 37194, June 30, 2008]



Sec. 86.1506  Equipment required and specifications; overview.

    (a) This subpart contains procedures for performing idle exhaust 
emission tests on Otto-cycle heavy-duty engines and Otto-cycle light-
duty trucks. Equipment required and specifications are as follows:
    (1) Exhaust emission tests. All engines and vehicles subject to this 
subpart are tested for exhaust emissions. Necessary equipment and 
specifications appear in Sec. Sec. 86.1509 through 86.1511.
    (2) Fuel and analytical tests. Fuel requirements for idle exhaust 
emission testing are specified in Sec. 86.1513. Analytical gases are 
specified in Sec. 86.1514.
    (b) Through the 2009 model year, manufacturers may elect to use the 
appropriate test procedures in this part 86 instead of the procedures 
referenced in 40 CFR part 1065 without getting advance approval by the 
Administrator.

[59 FR 48536, Sept. 21, 1994. Redesignated and amended at 73 FR 37194, 
June 30, 2008]



Sec. 86.1509  Exhaust gas sampling system.

    (a) The exhaust gas sampling system shall transport the exhaust 
sample from the engine or vehicle to the analysis system in such a 
manner as to maintain the integrity of the sample constituents that are 
to be analyzed.
    (b) The sample system shall supply a dry sample (i.e., water 
removed) to the analysis system.
    (c) A CVS sampling system with bag or continuous analysis as 
specified in 40 CFR part 1065 is permitted as applicable. The inclusion 
of an additional raw carbon dioxide (CO2) analyzer as 
specified in 40 CFR part 1065 is required if the CVS system is used, in 
order to accurately determine the CVS dilution factor. The heated sample 
line specified in 40 CFR part 1065 for raw emission requirements is not 
required for the raw (CO2) measurement.
    (d) A raw exhaust sampling system as specified in 40 CFR part 1065 
is permitted.

[48 FR 52252, Nov. 16, 1983, as amended at 60 FR 34376, June 30, 1995; 
70 FR 40441, July 13, 2005. Redesignated at 73 FR 37194, June 30, 2008]



Sec. 86.1511  Exhaust gas analysis system.

    (a) Analyzers used for this subpart shall meet the following 
specifications:
    (1) The analyzer used shall conform to the accuracy provisions of 40 
CFR part 1065, subparts C, D, and F.
    (2) The resolution of the readout device(s) for the range specified 
in paragraph (a)(1) of this section shall be equal to or less than 0.05 
percent for the CO analyzer.
    (3) For the range specified in paragraph (a)(1) of this section, the 
precision shall be less than 3 percent of full-
scale deflection. The precision is defined as two times the standard 
deviation of five repetitive responses to a given calibration gas.
    (4) For the range specified in paragraph (a)(1) of this section, the 
mean response to a zero calibration gas shall not exceed 3 percent of full-scale deflection during a 1-hour 
period.
    (5) For the range specified in paragraph (a)(1) of this section the 
drift of the mean calibration response shall be less than 3 percent of full scale during a 1-hour period. The 
calibration response is defined as the analyzer response to a 
calibration gas after the analyzer has been spanned by the electrical 
spanning network at the beginning of the 1-hour period.
    (6) The analyzer must respond to an instantaneous step change at the 
entrance to the sampling system with a response equal to 90 percent of 
that step change within 15 seconds or less on the range specified in 
paragraph (a)(1) of this section. The step change shall be at least 60 
percent of full-scale deflection.
    (7) The interference gases listed shall individually or collectively 
produce an analyzer reading less than 2 percent of 
full scale on the range specified in paragraph (a)(1) of this section.

------------------------------------------------------------------------
                                                           Applicable
         Interference gas             Concentration         analyzer
------------------------------------------------------------------------
CO2..............................  14 percent.........  CO

[[Page 283]]

 
C3H8.............................  1 percent..........  CO
H2O..............................  Saturated vapor at   CO
                                    100[deg] F.
NOX..............................  1,000 ppm..........  CO
O2...............................  5 percent..........  CO
------------------------------------------------------------------------

    (8) The analyzer shall be able to meet the specifications in 
paragraph (a) of this section under the following conditions:
    (i) After a 30 minute warm-up from the prevailing ambient 
conditions;
    (ii) Between 0 to 85 percent relative humidity; and
    (iii) During variations of 50 percent of 
nominal sample flow.
    (b) The inclusion of a raw CO2 analyzer as specified in 
40 CFR part 1065 is required in order to accurately determine the CVS 
dilution factor.

[48 FR 52252, Nov. 16, 1983, as amended at 60 FR 34377, June 30, 1995; 
70 FR 40441, July 13, 2005. Redesignated at 73 FR 37194, June 30, 2008]



Sec. 86.1513  Fuel specifications.

    The requirements of this section are set forth in 40 CFR part 1065, 
subpart H, for heavy-duty engines and in Sec. 86.113-94 for light-duty 
trucks.

[70 FR 40441, July 13, 2005. Redesignated at 73 FR 37194, June 30, 2008]



Sec. 86.1514  Analytical gases.

    (a) The final idle emission test results shall be reported as 
percent for carbon monoxide on a dry basis.
    (b) If the raw CO sampling system specified in 40 CFR part 1065 is 
used, the analytical gases specified in 40 CFR part 1065, subpart H, 
shall be used.
    (c) If a CVS sampling system is used, the analytical gases specified 
in 40 CFR part 1065, subpart H, shall be used.

[48 FR 52252, Nov. 16, 1983, as amended at 51 FR 24613, July 7, 1986; 60 
FR 34377, June 30, 1995; 70 FR 40441, July 13, 2005. Redesignated at 73 
FR 37194, June 30, 2008]



Sec. 86.1516  Calibration; frequency and overview.

    (a) Calibrations shall be performed as specified in Sec. Sec. 
86.1518-84 through 86.1526-84.
    (b) At least monthly or after any maintenance which could alter 
calibration, check the calibration of the CO analyzer. Adjust or repair 
the analyzer as necessary.
    (c) Water traps, filters, or conditioning columns should be checked 
before each test.

[48 FR 52252, Nov. 16, 1983. Redesignated at 73 FR 37194, June 30, 2008]



Sec. 86.1519  CVS calibration.

    If the CVS system is used for sampling during the idle emission 
test, the calibration instructions are specified in 40 CFR part 1065, 
subpart D, for heavy-duty engines, and Sec. 86.119-78 for light-duty 
trucks.

[70 FR 40441, July 13, 2005. Redesignated at 73 FR 37194, June 30, 2008]



Sec. 86.1522  Carbon monoxide analyzer calibration.

    (a) Initial check. (1) Follow good engineering practice for 
instrument start-up and operation. Adjust the analyzer to optimize 
performance on the range specified in Sec. 86.1511-84(a)(1).
    (2) Calibrate the analyzer with the calibration gas specified in 
Sec. 86.1514-84.
    (3) Adjust the electrical span network such that the electrical span 
point is correct when the analyzer reads the calibration gas correctly.
    (4) Determine that the analyzer complies with the specifications in 
Sec. 86.1511-84.
    (b) Periodic check. Follow paragraphs (a) (1), (2), and (3) of this 
section as specified by Sec. 86.1516-84(b). Adjust or repair the 
analyzer as necessary.

[48 FR 52252, Nov. 16, 1983. Redesignated at 73 FR 37194, June 30, 2008]



Sec. 86.1524  Carbon dioxide analyzer calibration.

    (a) The calibration requirements for the dilute-sample 
CO2 analyzer are specified in 40 CFR part 1065, subpart D, 
for heavy-duty engines and Sec. 86.124-78 for light-duty trucks.
    (b) The calibration requirements for the raw CO2 analyzer 
are specified in 40 CFR part 1065, subpart D.

[70 FR 40441, July 13, 2005. Redesignated at 73 FR 37194, June 30, 2008]

[[Page 284]]



Sec. 86.1526  Calibration of other equipment.

    Other test equipment used for testing shall be calibrated as often 
as necessary according to good engineering practice.

[48 FR 52252, Nov. 16, 1983. Redesignated at 73 FR 37194, June 30, 2008]



Sec. 86.1527  Idle test procedure; overview.

    (a) The idle emission test procedure is designed to determine the 
raw concentration (in percent) of CO in the exhaust flow at idle. The 
test procedure begins with the engine at normal operating temperature. 
(For example, the warm-up for an engine may be the transient engine or 
chassis dynamometer test.)
    (b) Raw emission sampling must be made before dilution occurs from a 
single exhaust pipe in which exhaust products are homogeneously mixed. 
The configuration for dual-exhaust systems must also allow for raw 
emission measurements, which will require that an additional ``Y'' pipe 
be placed in the exhaust system before dilution.

[48 FR 52252, Nov. 16, 1983. Redesignated at 73 FR 37194, June 30, 2008]



Sec. 86.1530  Test sequence; general requirements.

    (a) The following test sequence lists the major steps encountered 
during the idle test:

Preparation
Warm-up (or Emission Test)
Preconditioning, 30 seconds minimum, six minutes maximum
Idle Stabilization, 305 seconds
Idle Emission Sampling, one minute minimum, six minutes maximum


These steps are described by subsequent procedures.
    (b) Ambient test cell conditions during the test shall be those 
specified in Sec. 86.130-78 or 40 CFR part 1065, subpart F.

[48 FR 52252, Nov. 16, 1983, as amended at 70 FR 40441, July 13, 2005. 
Redesignated at 73 FR 37194, June 30, 2008]



Sec. 86.1537  Idle test run.

    The following steps shall be taken for each test:
    (a) Check the device(s) for removing water from the exhaust sample 
and the sample filter(s). Remove any water from the water trap(s). Clean 
and replace the filter(s) as necessary.
    (b) Set the zero and span points of the CO analyzer with the 
electrical spanning network or with analytical gases.
    (c) Achieve normal engine operating condition. The transient engine 
or chassis dynamometer test is an acceptable technique for warm-up to 
normal operating condition for the idle test. If the emission test is 
not performed prior to the idle emission test, a heavy-duty engine may 
be warmed up according to 40 CFR part 1065, subpart F. A light-duty 
truck may be warmed up by operation through one Urban Dynamometer 
Driving Schedule test procedure (see Sec. 86.115-78 and appendix I to 
this part).
    (d) Operate the warm engine at 2500 50 rpm, or 
rated torque speed for diesel-cycle engines, and zero load for a minimum 
of 30 seconds and a maximum of 6 minutes.
    (e) If the CVS sampling system is used, the following procedures 
apply:
    (1) If bag samples are drawn, with the sample selector valves in the 
standby position connect evacuated sample collection bags to the dilute 
exhaust and dilution air sample collection systems.
    (2) Start the CVS (if not already on), the sample pumps, 
integrators, and the raw CO2 analyzer, as applicable. (The 
heat exchanger of the constant volume sampler, if used, shall be running 
at operating temperature before sampling begins.)
    (3) Adjust the sample flow rates to the desired flow rate and set 
the gas flow measuring devices to zero.
    (4) Operate the engine or vehicle at curb idle for 305 seconds with the clutch disengaged or in neutral gear. 
A heavy-duty engine may also be disconnected from the dynamometer, or 
the dynamometer may be shut off.
    (5) Begin raw and dilute sampling.
    (6) For bag sampling, sample idle emissions long enough to obtain a 
sufficient bag sample, but in no case shorter than 60 seconds nor longer 
than 6 minutes. Follow the sampling and exhaust measurements 
requirements of 40

[[Page 285]]

CFR part 1065, subpart F, for conducting the raw CO2 
measurement.
    (7) As soon as possible, transfer the idle test exhaust and dilution 
air samples to the analytical system and process the samples according 
to Sec. 86.1540-84. Obtain a stabilized reading of the exhaust sample 
on all analyzers within 20 minutes of the end of the sample collection 
phase of the test.
    (f) If the raw exhaust sampling and analysis technique specified in 
40 CFR part 1065 is used, the following procedures apply:
    (1) Warm up the engine or vehicle per paragraphs (c) and (d) of this 
section. Operate the engine or vehicle at the conditions specified in 
paragraph (e)(4) of this section.
    (2) Follow the sampling and exhaust measurement requirements of 40 
CFR part 1065, subpart F. The idle sample shall be taken for 60 seconds 
minimum, and no more than 64 seconds. The chart reading procedures of 40 
CFR part 1065, subpart F, shall be used to determine the analyzer 
response.
    (g) If the engine or vehicle stalls at any time during the test run, 
the test is void.

[48 FR 52252, Nov. 16, 1983, as amended at 60 FR 34377, June 30, 1995; 
70 FR 40441, July 13, 2005. Redesignated at 73 FR 37194, June 30, 2008]



Sec. 86.1540  Idle exhaust sample analysis.

    (a) Record the CO idle concentrations in percent.
    (b) If the CVS sampling system is used, the analysis procedures for 
dilute CO and CO2 specified in 40 CFR part 1065 apply. Follow 
the raw CO2 analysis procedure specified in 40 CFR part 1065, 
subpart F, for the raw CO2 analyzer.
    (c) If the continuous raw exhaust sampling technique specified in 40 
CFR part 1065 is used, the analysis procedures for CO specified in 40 
CFR part 1065, subpart F, apply.

[48 FR 52252, Nov. 16, 1983, as amended at 70 FR 40441, July 13, 2005. 
Redesignated at 73 FR 37194, June 30, 2008]



Sec. 86.1542  Information required.

    (a) General data--heavy-duty engines. Information shall be recorded 
for each idle emission test as specified in 40 CFR part 1065, subpart G. 
The following test data are required:
    (1) Date and time of day.
    (2) Test number.
    (3) Engine intake air or test cell temperature.
    (4) Barometric pressure.

    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.

    (5) Engine intake or test cell and CVS dilution air humidity.
    (6) Curb idle speed during the test.
    (7) Idle exhaust CO concentration (dry basis).
    (8) Idle exhaust raw CO2 concentration (if applicable).
    (9) Dilute bag sample CO and CO2 concentrations (if 
applicable).
    (10) Total CVS flow rate with calculated dilution factor for the 
idle mode (if applicable).
    (b) General data--light-duty trucks. The following information shall 
be recorded with respect to each test:
    (1) Test number.
    (2) System or device tested (brief description).
    (3) Date and time of day for the test.
    (4) Instrument operated.
    (5) Vehicle: ID number, manufacturer, model year, standards, engine 
family, evaporative emissions family, basic engine description 
(including displacement, number of cylinders, turbocharger 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 and transmission configuration, as applicable.
    (6) All pertinent instrument information such as tuning, gain, 
serial number, detector number and range. As an alternative a reference 
to a vehicle test cell number may be used, with the advance approval of 
the Administrator, provided test cell calibration records show the 
pertinent instrument information.
    (7) Recorder charts or computer printouts: Identify zero, span, 
exhaust gas and dilution air sample traces or computer readings (if 
applicable).
    (8) Test cell ambient temperature and, if applicable, barometric 
pressure and humidity.

[[Page 286]]

    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.
    (9) Pressure of the mixture of exhaust and dilution air entering the 
CVS metering device (or pressure drop across the CFV), the pressure 
increase across the device, and the temperature at the inlet (if 
applicable). The temperature may be recorded continuously or digitally 
to determine temperature variations (if applicable).
    (10) The number of revolutions of the positive displacement pump 
accumulated while exhaust samples are being collected (if applicable). 
The number of standard cubic feet metered by a critical flow venturi 
would be the equivalent record for a CFV (if applicable).
    (11) 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.
    (12) Curb idle engine speed during the test.
    (13) Idle exhaust CO concentration (dry basis).
    (14) Idle exhaust raw CO2 concentration (if applicable).
    (15) Dilute bag sample CO and CO2 concentrations (if 
applicable).
    (16) Total CVS flow rate with calculated dilution factor for the 
idle mode (if applicable).

[48 FR 52252, Nov. 16, 1983, as amended at 49 FR 48149, Dec. 10, 1984; 
70 FR 40441, July 13, 2005. Redesignated at 73 RF 37194, June 30, 2008]



Sec. 86.1544  Calculation; idle exhaust emissions.

    (a) The final idle emission test results shall be reported as 
percent for carbon monoxide on a dry basis.
    (b) If a CVS sampling system is used, the following procedure shall 
apply:
    (1) Use the procedures, as applicable, in 40 CFR 1065.650 to 
determine the dilute wet-basis CO and CO2 in percent.
    (2) Use the procedure, as applicable, in 40 CFR 1065.650 to 
determine the raw dry-basis CO2 in percent.
    (3) Convert the raw dry-basis CO2 to raw wet-basis. An 
assumption that the percent of water by volume in the raw sample is 
equal to the percent of raw dry-basis CO2 minus 0.5 percent 
is acceptable. For example:

10.0% dry CO2-0.5%=9.5% water

(1.00-0.095) (10.0% dry CO2)=9.05% wet CO2

    (4) Calculate the CVS dilution factor (DF) by:
    [GRAPHIC] [TIFF OMITTED] TR06OC93.138
    
    (5) Convert the dilute wet-basis CO to dilute dry-basis values. An 
assumption that the percent of water by volume in the sample bag is 2 
percent is acceptable. For example:

Dilute dry CO=(dilute wet CO)/(1.00-0.02)

    (6) Calculate the raw dry-basis CO values by:

Raw dry CO=(DF) (dilute dry CO)

    (c) If the raw exhaust sampling and analysis system specified in 40 
CFR part 1065 is used, the percent for carbon monoxide on a dry basis 
shall be calculated using the procedure, as applicable, in 40 CFR 
1065.650.

(Secs. 202, 203, 206, 207, 208, 301a, Clean Air Act, as amended; 42 
U.S.C. 7521, 7522, 7525, 7541, 7542, 7601a)

[48 FR 52252, Nov. 16, 1983, as amended at 49 FR 48149, Dec. 10, 1984; 
50 FR 10708, Mar. 15, 1985; 51 FR 24613, July 7, 1986; 70 FR 40441, July 
13, 2005. Redesignated at 73 FR 37194, June 30, 2008]



 Subpart Q_Regulations for Altitude Performance Adjustments for New and 
                    In-Use Motor Vehicles and Engines

    Authority: Secs. 215 and 301, Clean Air Act, as amended (42 U.S.C. 
7550 and 7601).

    Source: 45 FR 66956, Oct. 8, 1980, unless otherwise noted.



Sec. 86.1601  General applicability.

    This subpart applies to manufacturers of motor vehicles and motor 
vehicle engines (hereafter referred to as vehicles) which are subject to 
the requirements of title II of the Clean Air Act. This subpart applies 
to the following vehicles:

[[Page 287]]

    (a) 1968 and later model year light-duty vehicles and light-duty 
trucks.
    (b) 1970 and later model year heavy-duty engines built after 
December 31, 1969.
    (c) 1978 and later model year motorcycles built after December 31, 
1977.
    (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 Otto-cycle complete heavy-duty vehicles 
under the provisions of subpart S of this part.

[45 FR 66956, Oct. 8, 1980, as amended at 64 FR 23923, May 4, 1999; 65 
FR 59963, Oct. 6, 2000]



Sec. 86.1602  Definitions.

    The definitions provided in subpart A also apply in this subpart. 
Additional definitions that apply in this subpart are as follow:
    Altitude performance adjustments are adjustments or modifications 
made to vehicle, engine, or emission control functions in order to 
improve emission control performance at altitudes other than those for 
which the vehicles were designed.
    Low altitude means any elevation less than or equal to 1,219 meters 
(4,000 feet).
    Manufacturer parts are parts produced or sold by the manufacturer of 
the motor vehicle or motor vehicle engine.



Sec. 86.1603  General requirements.

    (a) Manufacturers of vehicles specified in Sec. 86.1601 shall 
submit to the Administrator for approval the following altitude 
performance adjustment instructions.
    (1) Low-altitude adjustment instructions for vehicles certified to 
meet the appropriate high-altitude emission standards.
    (2) High-altitude adjustment instructions for vehicles certified to 
meet the appropriate low-altitude emission standards.
    (b) Manufacturers are not required to submit altitude adjustment 
instructions for vehicles equipped with systems or devices that 
compensate (in full or in part) the engine fuel metering system for air 
density changes. Manufacturers claiming this exemption must submit to 
the Administrator for approval a notification of the claim specifying 
the affected vehicles. The notification must also describe the 
compensating system used.
    (c) Manufacturers may request the Administrator to waive the 
application of this regulation for vehicles which potentially may never 
be operated at an altitude other than that for which they were designed 
(such as vehicles which are not offered for sale within the continental 
United States).
    (d) Manufacturers shall meet the requirements of paragraph (a), 
according to the following schedule:
    (1) Altitude adjustment instructions for all 1980 and earlier model 
year vehicles or engines shall be submitted to the Administrator within 
one (1) year of the effective date of this regulation.
    (2) Altitude adjustment instructions for 1982 and later model year 
vehicles or engines shall be submitted to the Administrator within 30 
days of the issuance of the certificate of conformity for those vehicles 
or engines. For vehicles or engines certified for the 1981 model year 
before the publication of this regulation, altitude adjustment 
instructions shall be submitted within 90 days of the publication of 
this regulation.
    (e) Failure to submit altitude performance adjustment instructions 
in accordance with this section is a violation of section 203(a)(3) of 
the Clean Air Act and may result in penalties as specified in section 
205 of the Clean Air Act. The Administrator may grant extensions of the 
schedule in paragraph (c) if the manufacturer submits a written request 
to the Administrator specifying the reasons for the need for the 
extension. Requests for an extension must be received by EPA at least 5 
working days prior to the submittal date contained in paragraph (d).
    (f) The adjustment instructions (including labels) that the 
Administrator approves under this subpart shall be made available by the 
manufacturer at no cost to service outlets and the general public. EPA 
encourages manufacturers to notify vehicle owners in high-altitude areas 
of the availability of high-altitude adjustments.
    (g) If altitude adjustments are performed according to the 
instructions

[[Page 288]]

approved by the Administrator, they will not be treated as violations of 
the tampering provisions of section 203(a) of the Act except as 
described below:



Sec. 86.1604  Conditions for disapproval.

    (a) The Administrator shall not approve altitude performance 
adjustments that will:
    (1) Cause any regulated pollutant emission level to increase if the 
emission level exceeded the appropriate emission standard before 
adjustment was made.
    (2) Cause any regulated pollutant emission level to exceed the 
appropriate emission standard if the emission level did not exceed the 
emission standard before the adjustment was made.
    (3) For light-duty vehicles, light-duty trucks, motorcycles, heavy-
duty gasoline-fueled engines, cause any reduction of vehicle performance 
(as evaluated by the manufacturer) such that vehicle drivers will likely 
complain.
    (4) Be of such technical complexity or require such complex, 
expensive, or exclusive equipment that a competent mechanic in an 
average service establishment cannot perform the adjustments correctly. 
Adjustment procedures should not require knowledge or training beyond 
that required to perform normal engine maintenance. All required 
equipment must be available to any service establishment at competitive 
cost.
    (5) Require the use of manufacturer parts, unless they are necessary 
to ensure emission control performance and unless the Administrator 
grants a waiver under section 207(c)(3)(B) of the Act.
    (6) Removes or defeats the parameter adjustment controls for the 
parameters listed in Sec. Sec. 86.081-22(e)(1)(i) and 86.082-
22(e)(1)(i) for light-duty vehicles and light-duty trucks, and Sec. 
86.428-80(d) for motorcycles unless:
    (i) The manufacturer determines that it is reasonable to restore the 
parameter adjustment control in use and provides appropriate instruction 
as part of the high-altitude performance adjustment instructions, or
    (ii) The manufacturer determines that is is not reasonable to 
restore the parameter adjustment control in use and alternatively 
includes on the label required in Sec. 86.1606 a statement to the 
effect that the labeled vehicle can be adjusted but that adjustment to 
other than manufacturer specification may be considered violation of 
Federal law.
    (b) If the Administrator determines that the altitude performance 
adjustment instructions cannot be approved, the Administrator shall 
notify the manufacturer in writing of the disapproval. This notification 
shall explain the reasons for the disapproval.
    (1) Within 20 working days of the date of a notification of 
disapproval, the manufacturer may file a written appeal to the 
Administrator. The Administrator may allow additional oral or written 
testimony prior to rendering a final decision.
    (2) If the manufacturer files no appeal with the Administrator, the 
disapproval becomes final.
    (3) Within 30 days following the Administrator's final decision of 
disapproval, the manufacturer must submit new altitude performance 
adjustment instructions applying to all of the vehicles for which the 
disapproved instructions applied. If these new instructions are not 
submitted within 30 days, EPA may take action under sections 203(a)(3) 
and 205 of the Act. If the new altitude performance adjustment 
instructions are disapproved by the Administrator, the manufacturer may 
follow the appeal procedures under paragraphs (b)(1) and (b)(2) of this 
section.
    (c) If the Administrator makes a final decision to disapprove the 
new instructions, EPA may take action under sections 203(a)(3) and 205 
of the Act.



Sec. 86.1605  Information to be submitted.

    (a) Manufacturers shall submit to the Administrator the text of the 
altitude performance adjustment instructions to be provided to vehicle 
owners and service establishments. Each set of altitude performance 
adjustment instructions must set forth the adjustment procedure 
(including the installation of the label required by Sec. 86.1606) to 
be followed and identify the vehicles for which the instructions are 
applicable. At a minimum, each set of instructions shall identify the 
vehicle applicability by manufacturer, car line, model

[[Page 289]]

year, engine displacement, engine family, and exhaust emission control 
systems. Manufacturers may specify vehicle applicability in greater 
detail if necessary, but such specifications must be identifiable to the 
public and the service industry through vehicle marking or codes.
    (b) The manufacturer shall submit to the Administrator the following 
information about the adjustments:
    (1) Specifications of changes in calibrations of any component, 
including the original and new calibration values or curves;
    (2) Descriptions of component additions, including a full 
description of the new components along with the configurations (sketch 
or drawing), calibration values, and part numbers;
    (3) Descriptions of component replacements, including all items in 
paragraph (b)(2) of this section, for the new parts. Also, a description 
of the differences between the original component and the new component 
with respect to design, calibration, and function;
    (4) Descriptions of any special tools necessary to perform the 
adjustments.
    (c) The manufacturer shall submit to the Administrator the following 
evaluations of the adjustments:
    (1) A statement that the conditions of Sec. 86.1604 (a) (1) and (2) 
are not caused by the adjustment, and supporting information for this 
statement consisting of technical evaluations (consistent with good 
engineering practice) or emission test data.
    (2) A statement that vehicle performance is generally unchanged or 
improved as result of the adjustments, and supporting information for 
this statement consisting of technical evaluations or driver 
evaluations.
    (3) Information that shows compliance with section 202(a)(4)(A) of 
the Act (which prohibits vehicles from causing unreasonable risks to 
public health, welfare, and safety).
    (d) The manufacturer shall submit to the Administrator for approval 
a copy or sample of the label required by Sec. 86.1606 and a copy of 
the instructions for installation of the label.



Sec. 86.1606  Labeling.

    (a) The manufacturer shall make available to the public as part of 
the altitude performance adjustment instructions the labels described in 
this section. Instructions for installing the labels according to the 
requirements of this section shall be provided with each label.
    (b) The label installation instructions shall indicate the following 
information.
    (1) For light-duty vehicles, light-duty trucks, and heavy-duty 
engines, the label should be affixed in a readily visible position in 
the engine compartment and beside (to the extent possible) the existing 
label which is required under Sec. 86.079-35.
    (2) For motorcycles, the label should be affixed in a readily 
accessible position and beside (to the extent possible) the existing 
label which is required under Sec. 86.413-78(a)(1).
    (3) The instructions shall also indicate that the label should not 
be affixed to any equipment that can be easily detached from the 
vehicle.
    (c) The label must be constructed such that if installed properly, 
it cannot be removed without destroying or defacing the label.
    (d) The label shall contain the following information lettered in 
the English language in block letters and numerals, which must be of a 
color that contrasts with the background of the label:
    (1) The label heading: Vehicle Emission Control Information Update;
    (2) Full corporate name and trademark of the vehicle manufactuer;
    (3) The statement: ``This vehicle has been (adjusted) (modified) to 
improve emission control performance when operated at (high) (low) 
altitude'';
    (4) Information on where altitude performance adjustment 
instructions may be obtained or include the actual altitude performance 
adjustment instructions;
    (5) The new tuneup specifications (if changed from the original 
label specifications) at the applicable altitude.

[[Page 290]]



  Subpart R_General Provisions for the Voluntary National Low Emission 
      Vehicle Program for Light-Duty Vehicles and Light-Duty Trucks

    Source: 62 FR 31242, June 6, 1997, unless otherwise noted.



Sec. 86.1701-99  General applicability.

    (a) The provisions of this subpart may be adopted by vehicle 
manufacturers pursuant to the provisions specified in Sec. 86.1705. The 
provisions of this subpart are generally applicable to 1999 and later 
model year light-duty vehicles and light light-duty trucks to be sold in 
the Northeast Trading Region, and 2001 and later model year light-duty 
vehicles and light light-duty trucks to be sold in the United States. In 
cases where a provision applies only to certain vehicles based on model 
year, vehicle class, motor fuel, engine type, vehicle emission category, 
intended sales destination, or other distinguishing characteristics, 
such limited applicability is cited in the appropriate section or 
paragraph. The provisions of this subpart shall be referred to as the 
``National Low Emission Vehicle Program'' or ``National LEV'' or 
``NLEV.''
    (b) All requirements of 40 CFR parts 85 and 86, unless specifically 
superseded by the provisions of this subpart, shall apply to vehicles 
under the National LEV Program. Compliance with the provisions of this 
subpart will be deemed compliance with some of the requirements of 40 
CFR parts 85 and 86, as set forth elsewhere in this subpart.
    (c) The requirements of this subpart apply to new vehicles 
manufactured by covered manufacturers through model year 2003. In 
addition, the requirements of this subpart apply to new vehicles 
manufactured by covered manufacturers for model years prior to the first 
model year for which a mandatory federal exhaust emissions program for 
light-duty vehicles and light light-duty trucks is at least as stringent 
as the National LEV program with respect to NMOG, NOX, and CO 
exhaust emissions, as determined by the Administrator, provided that 
such a program is promulgated no later than December 15, 2000, and is 
effective no later than model year 2006.
    (d) Adoption of the National LEV program does not impose gasoline or 
other in-use fuel requirements and is not intended to require any new 
federal or state regulation of fuels. Vehicles under National LEV will 
be able to operate on any fuels, including conventional gasoline, that, 
in the absence of the National LEV program, could be sold under federal 
or state law.
    (e) References in this subpart to engine families and emission 
control systems shall be deemed to refer to durability groups and test 
groups as applicable for manufacturers certifying new light-duty 
vehicles and light-duty trucks under the provisions of subpart S of this 
part.
    (f) The provisions of this subpart are not applicable to 2004 or 
later model year vehicles, except where specific references to 
provisions of this subpart are made in conjunction with provisions 
applicable to such vehicles.

[62 FR 31242, June 6, 1997. Redesignated and amended at 63 FR 966, Jan. 
7, 1998; 64 FR 23923, May 4, 1999; 65 FR 6851, Feb. 10, 2000]



Sec. 86.1702-99  Definitions.

    (a) The definitions in subpart A of this part apply to this subpart, 
except where the same term is defined differently in paragraph (b) of 
this section.
    (b) The following definitions shall apply to this subpart:
    Advanced technology vehicle (ATV) means any light-duty vehicle or 
light light-duty truck that is covered by a federal certificate of 
conformity or an Executive Order, as defined in Sec. 86.1002, which is 
either:
    (1) A dual fuel, flexible fuel, or dedicated alternatively fueled 
vehicle certified as a TLEV or more stringent when operated on the 
alternative fuel;
    (2) A ULEV or Inherently Low-Emission Vehicle (ILEV), as defined in 
40 CFR 88.302, either conventionally or alternatively fueled;
    (3) An HEV or ZEV.
    Alcohol fuel means either methanol or ethanol as those terms are 
defined in this subpart.
    All-electric range test means a test sequence used to determine the 
range of

[[Page 291]]

an electric vehicle or of a hybrid electric vehicle without the use of 
its auxiliary power unit. The All-Electric Range Test cycle is defined 
in Sec. 86.1770.
    All States Trading Region (ASTR) means the region comprised of all 
states except the OTC States that have not opted into National LEV 
pursuant to the opt-in provisions at Sec. 86.1705 or that have opted 
out of National LEV and whose opt-outs have become effective, as 
provided at Sec. 86.1707; California; and any state outside the OTR 
with a Section 177 Program in effect that does not allow National LEV as 
a compliance alternative.
    Averaging sets are the categories of LDVs and LDTs for which the 
manufacturer calculates a fleet average NMOG value. The four averaging 
sets for fleet average NMOG value calculation purposes are:
    (1) Class A delivered to a point of first sale in the Northeast 
Trading Region;
    (2) Class A delivered to a point of first sale in the All States 
Trading Region;
    (3) Class B delivered to a point of first sale in the Northeast 
Trading Region;
    (4) Class B delivered to a point of first sale in the All States 
Trading Region.
    Axle ratio means the number of times the input shaft to the 
differential (or equivalent) turns for each turn of the drive wheels.
    Battery pack means any electrical energy storage device consisting 
of any number of individual battery modules which is used to propel 
electric or hybrid electric vehicles.
    Certification level means the official exhaust emission result from 
an emission-data vehicle which has been adjusted by the applicable mass 
deterioration factor and is submitted to the Administrator for use in 
determining compliance with an emission standard for the purpose of 
certifying a particular engine family. For those engine families which 
are certified using reactivity adjustment factors developed by the 
manufacturer pursuant to appendix XVII of this part, the exhaust NMOG 
certification level shall include adjustment by the ozone deterioration 
factor.
    Class A comprises LDVs and LDTs 0-3750 lbs LVW that are subject to 
the provisions of this subpart.
    Class B comprises LDTs 3751-5750 lbs LVW that are subject to the 
provisions of this subpart.
    Continually regenerating trap oxidizer system means a trap oxidizer 
system that does not utilize an automated regeneration mode during 
normal driving conditions for cleaning the trap.
    Conventional gasoline means any certification gasoline which meets 
the specifications of Sec. 86.113(a). The ozone-forming potential of 
conventional gasoline vehicle emissions shall be determined by using the 
methods and gasoline specifications contained in appendix XVII of this 
part.
    Core Stable Standards means the standards and other requirements 
listed in Sec. 86.1707(d)(9)(i) (A) through (F).
    Covered state means a state that meets the conditions specified 
under Sec. 86.1705(d).
    Covered vehicle or engine means a vehicle specified in Sec. 
86.1701(a), or an engine in such a vehicle, that is manufactured by a 
covered manufacturer.
    Credits means fleet average NMOG credits as calculated from the 
amount that the manufacturer's applicable fleet average NMOG value is 
below the applicable fleet average NMOG standard, times the applicable 
production for a given model year. NMOG credits have units of g/mi.
    Debits means fleet average NMOG debits as calculated from the amount 
that the manufacturer's applicable fleet average NMOG value is above the 
applicable fleet average NMOG standard, times the applicable production 
for a given model year. NMOG debits have units of g/mi.
    Dedicated ethanol vehicle means any ethanol-fueled motor vehicle 
that is engineered and designed to be operated solely on ethanol.
    Dedicated methanol vehicle means any methanol-fueled motor vehicle 
that is engineered and designed to be operated solely on methanol.
    Diesel engine means any engine powered with diesel fuel, gaseous 
fuel, or alcohol fuel for which diesel engine speed/torque 
characteristics and vehicle applications are retained.

[[Page 292]]

    Electric vehicle means any vehicle which operates solely by use of a 
battery or battery pack. This definition also includes vehicles which 
are powered mainly through the use of an electric battery or battery 
pack, but which use a flywheel that stores energy produced by the 
electric motor or through regenerative braking to assist in vehicle 
operation.
    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.
    Ethanol means any fuel for motor vehicles and motor vehicle engines 
that is composed of either commercially available or chemically pure 
ethanol (CH3CH2OH) and gasoline as specified in 
Sec. 86.1771 (Fuel Specifications). The required fuel blend is based on 
the type of ethanol-fueled vehicle being certified and the particular 
aspect of the certification procedure being conducted.
    Ethanol vehicle means any motor vehicle that is engineered and 
designed to be operated using ethanol as a fuel.
    Executive Officer of the California Air Resources Board (ARB), as 
used in the referenced materials listed in Sec. 86.1 and appendix XIII 
of this part, means the Administrator of the Environmental Protection 
Agency (EPA).
    Existing ZEV Mandate means any state regulation or other law that 
imposes (or purports to impose) obligations on auto manufacturers to 
produce, deliver for sale, or sell a certain number or percentage of 
ZEVs and that was adopted prior to December 16, 1997.
    Fleet average NMOG value is the fleet average NMOG value calculated 
for a particular averaging set, based upon the applicable production for 
that averaging set.
    49 states is the region comprised of the United States excluding 
California.
    Fuel-fired heater means a fuel burning device which creates heat for 
the purpose of warming the passenger compartment of a vehicle but does 
not contribute to the propulsion of the vehicle.
    Gaseous fuels means liquefied petroleum gas, compressed natural gas, 
or liquefied natural gas fuels for use in motor vehicles.
    Hybrid electric vehicle (HEV) means any vehicle which is included in 
the definition of a ``series hybrid electric vehicle,'' a ``parallel 
hybrid electric vehicle,'' or a ``battery assisted combustion engine 
vehicle.''
    Low emission vehicle (LEV) means any vehicle certified to the low 
emission vehicle standards specified in this subpart.
    Low volume manufacturer, for a particular model year, means any 
vehicle manufacturer that: Is considered a ``small volume manufacturer'' 
by the State of California according to the State of California 
regulatory definition of ``small volume manufacturer'', contained in the 
California Regulatory Requirements Applicable to the National Low 
Emission Vehicle Program (October, 1996), which is incorporated by 
reference (see Sec. 86.1); and has nationwide sales of light-duty 
vehicles and light light-duty trucks less than or equal to 40,000 units 
per model year based on the average number of vehicles sold by the 
manufacturer for each of the three most recent model years. For 
manufacturers certifying for the first time, model-year sales shall be 
based on projected sales.
    Methane reactivity adjustment factor means a factor applied to the 
mass of methane emissions from natural gas fueled vehicles for the 
purpose of determining the gasoline equivalent ozone-forming potential 
of the methane emissions.
    Methanol means any fuel for motor vehicles and motor vehicle engines 
that is composed of either commercially available or chemically pure 
methanol (CH3OH) and gasoline as specified in Sec. 86.1771 
(Fuel Specifications). The required fuel blend is based on the type of 
methanol-fueled vehicle being certified and the particular aspect of the 
certification procedure being conducted.
    Methanol vehicle means any motor vehicle that is engineered and 
designed to be operated using methanol as a fuel.
    Natural gas means either compressed natural gas or liquefied natural 
gas.

[[Page 293]]

    Natural gas vehicle means any motor vehicle that is engineered and 
designed to be operated using either compressed natural gas or liquefied 
natural gas.
    Non-Core Stable Standards means the standards and other requirements 
listed in Sec. 86.1707(d)(9)(i) (G) through (L).
    Non-methane organic gases (NMOG) means the sum of oxygenated and 
non-oxygenated hydrocarbons contained in a gas sample as measured in 
accordance with Chapter 5 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).
    Non-regeneration emission test means a complete emission test which 
does not include a regeneration.
    Northeast Trading Region (NTR) means the region comprised of the 
states that meet the conditions specified under Sec. 86.1705(d).
    Organic material non-methane hydrocarbon equivalent (or OMNMHCE) for 
methanol-fueled vehicles means the sum of the carbon mass contribution 
of non-oxygenated hydrocarbons (excluding methane), methanol, and 
formaldehyde as contained in a gas sample, expressed as gasoline-fueled 
hydrocarbons. For ethanol-fueled vehicles, organic material non-methane 
hydrocarbon equivalent (OMNMHCE) means the sum of carbon mass 
contribution of non-oxygenated hydrocarbons (excluding methane), 
methanol, ethanol, formaldehyde and acetaldehyde as contained in a gas 
sample, expressed as gasoline-fueled hydrocarbons.
    Ozone deterioration factor means a factor applied to the mass of 
NMOG emissions from TLEVs, LEVs, or ULEVs which accounts for changes in 
the ozone-forming potential of the NMOG emissions from a vehicle as it 
accumulates mileage.
    Ozone Transport Commission States or OTC States means the States of 
Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, 
New Jersey, New York, Pennsylvania, Rhode Island, Vermont and Virginia, 
and the District of Columbia.
    Parallel hybrid electric vehicle means any vehicle which allows 
power to be delivered to the driven wheels by either a combustion engine 
and/or by a battery powered electric motor.
    Periodically regenerating trap oxidizer system means a trap oxidizer 
system that utilizes, during normal driving conditions for cleaning the 
trap, an automated regeneration mode which can be easily detected.
    Point of first sale is the location where the completed light-duty 
vehicle or light-duty truck is purchased, also known as the final 
product purchase location. The point of first sale may be a retail 
customer, dealer, distributor, fleet operator, broker, secondary 
manufacturer, or any other entity which comprises the point of first 
sale. In cases where the end user purchases the completed vehicle 
directly from the manufacturer, the end user is the point of first sale.
    Production is the number of vehicles and/or trucks that a 
manufacturer produces in a given model year that are subject to the 
provisions of this subpart and are included in the same averaging set.
    Reactivity adjustment factor means a fraction applied to the mass of 
NMOG emission from a vehicle powered by a fuel other than conventional 
gasoline for the purpose of determining a gasoline-equivalent NMOG 
emission value. The reactivity adjustment factor is defined as the 
ozone-forming potential of the exhaust from a vehicle powered by a fuel 
other than conventional gasoline divided by the ozone-forming potential 
of conventional gasoline vehicle exhaust.
    Regeneration means the process of oxidizing accumulated particulate 
matter. It may occur continually or periodically.
    Regeneration emission test means a complete emission test which 
includes a regeneration.
    Regeneration interval means the interval from the start of a 
regeneration to the start of the next regeneration.
    Section 177 Program means State regulations or other laws, except 
ZEV Mandates, that apply to any of the following categories of motor 
vehicles: Passenger cars, light-duty trucks up through 6,000 pounds 
GVWR, and medium-duty vehicles from 6,001 to 14,000 pounds GVWR if 
designed to operate on gasoline, as these categories of motor

[[Page 294]]

vehicles are defined in the California Code of Regulations, Title 13, 
Division 3, Chapter 1, Article 1, Section 1900.
    Series hybrid electric vehicle means any vehicle which allows power 
to be delivered to the driven wheels solely by a battery powered 
electric motor, but which also incorporates the use of a combustion 
engine to provide power to the battery and/or electric motor.
    37 States is the trading region comprised of the United States 
excluding California and the Northeast Trading Region.
    Transitional low emission vehicle (TLEV) means any vehicle certified 
to the transitional low emission vehicle standards specified in this 
subpart.
    Trap oxidizer system means an emission control system which consists 
of a trap to collect particulate matter and a mechanism to oxidize the 
accumulated particulate.
    Type A hybrid electric vehicle means an HEV which achieves a minimum 
range of 60 miles over the All-Electric Range Test as defined in Sec. 
86.1770.
    Type B hybrid electric vehicle means an HEV which achieves a range 
of 40-59 miles over the All-Electric Range Test as defined in Sec. 
86.1770.
    Type C hybrid electric vehicle means an HEV which achieves a range 
of 0-39 miles over the All-Electric Range test and all other HEVs 
excluding ``Type A'' and ``Type B'' HEVs as defined in Sec. 86.1770.
    Ultra-low emission vehicle (ULEV) means any vehicle certified to the 
ultra-low emission vehicle standards specified in this subpart.
    Zero-emission vehicle (ZEV) means any vehicle which is certified to 
produce zero emissions of any criteria pollutants under any and all 
possible operational modes and conditions. Incorporation of a fuel fired 
heater shall not preclude a vehicle from being certified as a ZEV 
provided the fuel fired heater cannot be operated at ambient 
temperatures above 40 degrees Fahrenheit and the heater is demonstrated 
to have zero evaporative emissions under any and all possible 
operational modes and conditions.
    ZEV Mandate means any state regulation or other law that imposes (or 
purports to impose) obligations on auto manufacturers to produce, 
deliver for sale, or sell a certain number or percentage of ZEVs.

[62 FR 31242, June 6, 1997. Redesignated and amended at 63 FR 966, Jan. 
7, 1998]



Sec. 86.1703-99  Abbreviations.

    (a) The abbreviations in subpart A of this part apply to this 
subpart.
    (b) In addition, the following abbreviations shall apply to this 
subpart:

ASTR--All States Trading Region
HEV--hybrid electric vehicle.
LEV--low emission vehicle.
NMOG--non-methane organic gases.
NTR--Northeast Trading Region.
OTC--Ozone Transport Commission
TLEV--transitional low emission vehicle.
ULEV--ultra low emission vehicle.
ZEV--zero emission vehicle.

[62 FR 31242, June 6, 1997. Redesignated and amended at 63 FR 967, Jan. 
7, 1998]



Sec. 86.1704-99  Section numbering; construction.

    (a) The model year of initial applicability is indicated by the last 
two digits of the six-digit group of the section number. A section 
remains in effect for subsequent model years until it is superseded.
    (b) A section reference without a model year suffix shall be 
interpreted to be a reference to the section applicable to the 
appropriate model year.

[62 FR 31242, June 6, 1997. Redesignated at 63 FR 967, Jan. 7, 1998]



Sec. 86.1705-99  General provisions; opt-in.

    (a) Covered manufacturers. Covered manufacturers must comply with 
the provisions in this subpart, and in addition, must comply with the 
requirements of 40 CFR parts 85 and 86. A manufacturer shall be a 
covered manufacturer if:
    (1) The manufacturer (or, in the case of joint ventures or similar 
cooperative arrangements between two or more manufacturers, the 
participating manufacturers) has opted into the program pursuant to 
paragraph (c) of this section;
    (2) Where a manufacturer has included a condition on opt-in provided 
for in paragraph (c)(2) of this section, that condition has been 
satisfied; and

[[Page 295]]

    (3) The manufacturer has not opted out, pursuant to Sec. 86.1707, 
or the manufacturer has opted out but that opt-out has not become 
effective under Sec. 86.1707.
    (b) Covered manufacturers must comply with the standards and 
requirements specified in this subpart beginning in model year 1999. A 
manufacturer not listed in Sec. 86.1706(c) that opts into the program 
after EPA issues a finding pursuant to Sec. 86.1706(b) that the program 
is in effect must comply with the standards and requirements of this 
subpart beginning in the model year named for the calendar year after 
the calendar year in which EPA receives the manufacturer's opt-in. 
Light-duty vehicles and light light-duty trucks sold by covered 
manufacturers must comply with the provisions of this subpart.
    (c) Manufacturer opt-ins. (1) To opt into the National LEV program, 
a motor vehicle manufacturer must submit a written opt-in notification 
to the Administrator signed by a person or entity within the corporation 
or business with authority to bind the corporation or business to its 
election and holding the position of vice president for environmental 
affairs or a position of comparable or greater authority. The 
manufacturer shall send a copy of this notification to : Director, 
Vehicles Programs and Compliance Division; U.S. Environmental Protection 
Agency; 2565 Plymouth Road; Ann Arbor, Michigan, 48105. The notification 
must unambiguously and unconditionally (apart from the permissible 
conditions specified in paragraph (c)(2) of this section) indicate the 
manufacturer's agreement to opt into the program and be subject to the 
provisions in this subpart, and include the following language:

    XX COMPANY, its subsidiaries, successors and assigns hereby opts 
into the voluntary National LEV program, as set forth in 40 CFR part 86, 
subpart R, and agrees to be legally bound by all of the standards, 
requirements and other provisions of the National LEV program. XX 
COMPANY commits not to challenge EPA's authority to establish or enforce 
the National LEV program, and commits not to seek to certify any vehicle 
except in compliance with the regulations in subpart R.

    (2) The opt-in notification may indicate that the manufacturer opts 
into the program subject to either or both of the following conditions:
    (i) That the Administrator finds under Sec. 86.1706 that the 
National LEV program is in effect, to be indicated with the following 
language:

    This opt-in is subject to the condition that the Administrator make 
a finding pursuant to 40 CFR 86.1706 that the National LEV program is in 
effect.

    (ii) That certain states (limited to the OTC States) and/or motor 
vehicle manufacturers opt into National LEV pursuant to Sec. 86.1705, 
to be indicated with the following language (language in brackets 
indicates that either or both formulations are acceptable):

    This opt-in is subject to the condition that [each of the states of 
[list state names]/[and] each of the following manufacturers [list 
manufacturer names]] opt into National LEV pursuant to 40 CFR 86.1705.

    (3) A manufacturer shall be considered to have opted in upon the 
Administrator's receipt of the opt-in notification and satisfaction of 
the conditions set forth in paragraph (c)(2) of this section, if 
applicable.
    (d) Covered states. An OTC State shall be a covered state if:
    (1) The state has opted into National LEV pursuant to paragraph (e) 
of this section;
    (2) Where a state has included a condition on opt-in provided for in 
paragraph (e)(3)(viii) of this section, that condition has been 
satisfied; and
    (3) The state has not opted out, pursuant to Sec. 86.1707, or the 
state has opted out but that opt-out has not become effective under 
Sec. 86.1707.
    (e) OTC State opt-ins. To opt into the National LEV program, a state 
must submit an opt-in notification to the Administrator, with a copy to 
Director, Vehicle Programs and Compliance Division; U.S. Environmental 
Protection Agency; 2565 Plymouth Road; Ann Arbor, Michigan, 48105. The 
notification must contain the following or substantively identical 
language:
    (1)(i) An Executive Order signed by the governor of the state (or 
the mayor of the District of Columbia) that unambiguously and 
unconditionally (apart from the permissible conditions set forth in this 
section) indicates the

[[Page 296]]

state's agreement to opt into the National LEV program and includes the 
following language (language in brackets indicates that either 
formulation is acceptable):

    This Executive Order [commits STATE to/opts STATE into] the National 
Low Emission Vehicle (National LEV) program, in accordance with the EPA 
National LEV program regulations at 40 CFR part 86, subpart R.
    I hereby direct HEAD OF APPROPRIATE STATE AGENCY to forward to EPA 
with my concurrence the [enclosed letter signed/enclosed letter and 
proposed regulations signed and proposed] by the HEAD OF APPROPRIATE 
STATE AGENCY, which [specifies/specify] the details of STATE's 
commitment to the National LEV program.
    I hereby direct APPROPRIATE STATE AGENCY to follow the procedures 
prescribed
by the general statutes of STATE to take the necessary steps to adopt 
regulations and submit a state implementation plan (SIP) revision 
committing STATE to National LEV in accordance with the EPA National LEV 
program regulations on SIP revisions at 40 CFR part 86, subpart R, and 
with section 110 of the Clean Air Act and its implementing regulations 
at 40 CFR parts 51 and 52.

    (ii) States with Existing ZEV Mandates may add language to the 
Executive Order submitted pursuant to this paragraph (e)(1) confirming 
that this opt-in will not affect the state's requirements pertaining to 
ZEVs.
    (2)(i) If a state does not submit an Executive Order pursuant to 
paragraph (e)(1) of this section, a letter signed by the governor of the 
state (or the mayor of the District of Columbia) that unambiguously and 
unconditionally (apart from the permissible conditions set forth in this 
section) indicates the state's agreement to opt into the National LEV 
program and includes the following language (language in brackets 
indicates that either formulation is acceptable):

    This submittal is made in accordance with the EPA National Low 
Emission Vehicle (National LEV) regulations at 40 CFR part 86, subpart R 
to [commit STATE to/opt STATE into] the National LEV program.
    [I am forwarding to EPA the [enclosed letter signed enclosed letter 
and proposed regulations which were signed and proposed] by HEAD OF 
APPROPRIATE STATE AGENCY at my direction, and which [specifies/specify] 
the details of STATE's commitment to the National LEV program. I am 
forwarding to EPA and concur with the [enclosed letter signed/enclosed 
letter and proposed regulations signed and proposed] by HEAD OF 
APPROPRIATE STATE AGENCY, which [specifies/specify] the details of 
STATE's commitment to the National LEV program.]
    I [hereby direct/have directed] APPROPRIATE STATE AGENCY to follow 
the procedures prescribed by the general statutes of STATE to take the 
necessary steps to adopt regulations and submit a state implementation 
plan (SIP) revision committing STATE to National LEV in accordance with 
the EPA National LEV regulations on SIP revisions at 40 CFR part 86, 
subpart R, and with section 110 of the Clean Air Act and its 
implementing regulations at 40 CFR parts 51 and 52.

    (ii) States with Existing ZEV Mandates may add language to the 
letter submitted pursuant to this paragraph (e)(2) confirming that this 
opt-in will not affect the state's requirements pertaining to ZEVs.
    (3) A letter signed by the head of the appropriate state agency that 
would unconditionally (except as set forth in this section) include the 
following:
    (i) States without a Section 177 Program, or with a Section 177 
Program but not an Existing ZEV Mandate, shall include the following 
language:

    National LEV is designed as a compliance alternative for OTC State 
programs adopted pursuant to section 177 of the Clean Air Act that apply 
to passenger cars, light-duty trucks up through 6,000 pounds GVWR, and/
or medium-duty vehicles from 6,001 to 14,000 pounds GVWR if designed to 
operate on gasoline, as these categories of motor vehicles are defined 
in the California Code of Regulations, Title 13, Division 3, Chapter 1, 
Article 1, Section 1900. For the duration of STATE's participation in 
National LEV, [STATE will allow manufacturers to / manufacturers may] 
comply with National LEV or equally stringent mandatory Federal 
standards in lieu of compliance with any program adopted by STATE 
pursuant to the authority provided in section 177 of the Clean Air Act 
applicable to the vehicle classes specified above, including any ZEV 
mandates. STATE's participation in National LEV extends until model year 
2006, except as provided in 40 CFR 86.1707. If, no later than December 
15, 2000, the US EPA does not adopt standards at least as stringent as 
the National LEV standards provided in 40 CFR part 86 subpart R that 
apply to new motor vehicles in model year 2004, 2005 or 2006, STATE's 
participation in National LEV extends only until model year 2004, except 
as provided in 40 CFR 86.1707.
    For the duration of STATE's participation in National LEV, STATE 
[intends to/will]

[[Page 297]]

forbear from adopting and implementing a ZEV mandate effective before 
model year 2006.

    (ii) States with a Section 177 Program and an Existing ZEV Mandate, 
shall include the following language:

    National LEV is designed as a compliance alternative for OTC State 
programs adopted pursuant to section 177 of the Clean Air Act that apply 
to passenger cars, light-duty trucks up through 6,000 pounds GVWR, and 
medium-duty vehicles from 6,001 to 14,000 pounds GVWR if designed to 
operate on gasoline, as these categories of motor vehicles are defined 
in the California Code of Regulations, Title 13, Division 3, Chapter 1, 
Article 1, Section 1900. With the exception of any requirements 
pertaining to ZEVs, for the duration of STATE's participation in 
National LEV, [STATE will allow manufacturers to / manufacturers may] 
comply with National LEV or equally stringent mandatory Federal 
standards in lieu of compliance with any program adopted by STATE 
pursuant to the authority provided in section 177 of the Clean Air Act 
applicable to the vehicle classes specified above. STATE's participation 
in National LEV extends until model year 2006, except as provided in 40 
CFR 86.1707. If, no later than December 15, 2000, the US EPA does not 
adopt standards at least as stringent as the National LEV standards 
provided in 40 CFR part 86 subpart R that apply to new motor vehicles in 
model year 2004, 2005 or 2006, STATE's participation in National LEV 
extends only until model year 2004, except as provided in 40 CFR 
86.1707. Any existing or future requirement pertaining to ZEVs is not 
affected by STATE's acceptance of National LEV as a compliance 
alternative for other state requirements.

    (iii) All states shall include the following language:

    Based on EPA's determination in the preamble to the final National 
LEV rule [CITE], STATE believes that National LEV will achieve 
reductions of VOC and NOX emissions that are equivalent to or 
greater than the reductions that would be achieved through OTC State 
adoption of California Low Emission Vehicle programs in the Ozone 
Transport Region.

    (iv) All states shall include the following language:

    STATE intends National LEV to be STATE's new motor vehicle emissions 
control program.

    (v) All states shall include the following language:

    STATE recognizes that motor vehicle manufacturers are committing to 
National LEV with the expectation that, until model year 2006 (or, under 
the circumstances specified above, model year 2004), the OTC States that 
commit to the National LEV program will allow National LEV as a 
compliance alternative for state programs adopted pursuant to the 
authority provided in section 177 of the Clean Air Act, applying to the 
vehicle classes specified above (except any requirements pertaining to 
ZEVs in states with Existing ZEV Mandates). It is our intent to abide by 
this commitment. [However, the provisions of this letter will not have 
the force of law until STATE adopts them as state regulations. / 
Regulations providing for STATE's opt-in to National LEV have been 
approved for proposed rulemaking by APPROPRIATE STATE AGENCY on [INSERT 
DATE]. However, they will not have the force and effect of law until 
they are approved as final regulations.] Adoption of state regulations 
and the contents of a final state implementation plan revision will be 
determined through a state rulemaking process pursuant to the state 
requirements at [CITE to STATE law] and Federal law. Also, STATE must 
comply with any subsequent STATE legislation that might affect this 
commitment.

    (vi) All states shall include the following language:

    If the manufacturers exit the National LEV program pursuant to the 
EPA National LEV regulations at 40 CFR 86.1707, STATE [acknowledges / 
provides in its proposed rule] that the transition from National LEV 
requirements to any STATE program adopted pursuant to the authority 
provided in section 177 of the Clean Air Act applying to the vehicle 
classes specified above, including any requirements pertaining to ZEVs 
(except any requirements pertaining to ZEVs in states with Existing ZEV 
Mandates), will proceed in accordance with the EPA National LEV 
regulations at 40 CFR 86.1707.

    (vii) All states shall include the following language:

    STATE supports the legitimacy of the National LEV program and EPA's 
authority to promulgate the National LEV regulations.

    (viii) Any state may include the following language:

    [This [commitment/opt-in] / As provided in the proposed regulations, 
STATE's opt-in] is conditioned on all motor vehicle manufacturers 
(listed in EPA regulations at 40 CFR 86.1706(c)) opting into National 
LEV and on EPA finding that National LEV is in effect pursuant to 40 CFR 
86.1706.

    (4) In lieu of statements described in paragraphs (e)(3)(i), 
(e)(3)(ii) and (e)(3)(vi) of this section, states may

[[Page 298]]

submit proposed regulations containing the provisions required under 
paragraphs (g)(1), (g)(2), (g)(3), and (g)(5) of this section.
    (f) A state shall be considered to have opted in upon the 
Administrator's receipt of the opt-in notification and satisfaction of 
the conditions set forth in paragraph (e)(3)(viii) of this section, if 
applicable.
    (g) Each OTC State that opts into National LEV pursuant to paragraph 
(e) of this section shall submit a state implementation plan (SIP) 
revision within one year and seventy-five days of December 16, 1997 
except for the District of Columbia, New Hampshire, Delaware, and 
Virginia, for which the deadline is 18 months and seventy-five days from 
December 16, 1997. The SIP revisions shall include the following using 
identical or substantively identical language:
    (1) Covered states without any Section 177 Program, or with a 
Section 177 Program but not an Existing ZEV Mandate, shall submit 
regulations containing the following language:

    For the duration of STATE's participation in National LEV, 
manufacturers may comply with National LEV or equally stringent 
mandatory Federal standards in lieu of compliance with any program, 
including any mandates for sales of zero emission vehicles (ZEVs), 
adopted by STATE pursuant to the authority provided in section 177 of 
the Clean Air Act applicable to passenger cars, light-duty trucks up 
through 6,000 pounds GVWR, and/or medium-duty vehicles from 6,001 to 
14,000 pounds GVWR if designed to operate on gasoline, as these 
categories of motor vehicles are defined in the California Code of 
Regulations, Title 13, Division 3, Chapter 1, Article 1, Section 1900.
    STATE's participation in National LEV extends until model year 2006, 
except as provided in 40 CFR 86.1707. If, no later than December 15, 
2000, the US EPA does not adopt standards at least as stringent as the 
National LEV standards provided in 40 CFR part 86 subpart R that apply 
to new motor vehicles in model year 2004, 2005 or 2006, STATE's 
participation in National LEV extends only until model year 2004, except 
as provided in 40 CFR 86.1707.

    (2) Covered states with a Section 177 Program and an Existing ZEV 
Mandate shall submit regulations containing the following language:

    With the exception of any STATE requirements pertaining to zero 
emission vehicles (ZEVs), for the duration of STATE's participation in 
National LEV, manufacturers may comply with National LEV or equally 
stringent mandatory Federal standards in lieu of compliance with any 
program adopted by STATE pursuant to the authority provided in section 
177 of the Clean Air Act applicable to passenger cars, light-duty trucks 
up through 6,000 pounds GVWR, and/or medium-duty vehicles from 6,001 to 
14,000 pounds GVWR if designed to operate on gasoline, as these 
categories of motor vehicles are defined in the California Code of 
Regulations, Title 13, Division 3, Chapter 1, Article 1, Section 1900.
    STATE's participation in National LEV extends until model year 2006, 
except as provided in 40 CFR 86.1707. If, no later than December 15, 
2000, the US EPA does not adopt standards at least as stringent as the 
National LEV standards provided in 40 CFR part 86 subpart R that apply 
to new motor vehicles in model year 2004, 2005 or 2006, STATE's 
participation in National LEV extends only until model year 2004, except 
as provided in 40 CFR 86.1707.
    Any existing or future STATE requirement pertaining to ZEVs is not 
affected by STATE's acceptance of National LEV as a compliance 
alternative for other state requirements.

    (3) All covered states shall submit regulations containing the 
following language:

    If a covered manufacturer, as defined at 40 CFR 86.1702, opts out of 
the National LEV program pursuant to the EPA National LEV regulations at 
40 CFR 86.1707, the transition from National LEV requirements to any 
STATE section 177 program applicable to passenger cars, light-duty 
trucks up through 6,000 pounds GVWR, and/ or medium-duty vehicles from 
6,001 to 14,000 pounds GVWR if designed to operate on gasoline, as these 
categories of motor vehicles are defined in the California Code of 
Regulations, Title 13, Division 3, Chapter 1, Article 1, Section 1900, 
will proceed in accordance with the EPA National LEV regulations at 40 
CFR 86.1707.

    (4) All covered states shall accompany the regulatory language with 
the following language:

    STATE commits to support National LEV as an acceptable alternative 
to state Section 177 Programs for the duration of STATE's participation 
in National LEV.
    STATE recognizes that its commitment to National LEV is necessary to 
ensure that National LEV remain in effect.
    STATE is submitting this SIP revision in accordance with the 
applicable Clean Air Act requirements at section 110 and EPA regulations 
at 40 CFR part 86 and 40 CFR Parts 51 and 52.


[[Page 299]]


    (5) States without Existing ZEV Mandates shall accompany the 
regulatory language with the following language:

    For the duration of STATE's participation in National LEV, STATE 
[intends to / will] forbear from adopting and implementing a ZEV mandate 
effective prior to model year 2006. Notwithstanding the previous 
sentence, if, no later than December 15, 2000, the US EPA does not adopt 
standards at least as stringent as the National LEV standards provided 
in 40 CFR part 86 subpart R that apply to new motor vehicles in model 
year 2004, 2005 or 2006, STATE [intends to / will] forbear from adopting 
and implementing a ZEV mandate effective prior to model year 2004.

[62 FR 31242, June 6, 1997. Redesignated and amended at 63 FR 967, Jan. 
7, 1998]



Sec. 86.1706-99  National LEV program in effect.

    (a) No later than March 2, 1998, EPA shall issue a finding as to 
whether National LEV is in effect. EPA shall base this finding on opt-in 
notifications from OTC States submitted pursuant to Sec. 86.1705(e) and 
received by EPA January 30, 1998, and on opt-in notifications from 
manufacturers submitted pursuant to Sec. 86.1705(c) and received by EPA 
February 17, 1998.
    (b) EPA shall find that the National LEV program is in effect and 
shall subsequently publish this determination if the following 
conditions have been met:
    (1) All manufacturers listed in paragraph (c) of this section have 
lawfully opted in pursuant to Sec. 86.1705(c) and any conditions placed 
on the opt-ins allowed under Sec. 86.1705(c)(2) have been met (apart 
from a condition that EPA find the National LEV program in effect);
    (2) Each OTC State that opts in has lawfully opted in pursuant to 
Sec. 86.1705(e) and any conditions placed on opt-ins by OTC States that 
are allowed under Sec. 86.1705(e)(3)(viii) have been met (apart from a 
condition that EPA find the National LEV program in effect); and
    (3) No valid opt-out has become effective pursuant to Sec. 86.1707.
    (c) List of manufacturers of light-duty vehicles and light-duty 
trucks:

American Honda Motor Company, Inc.
American Suzuki Motor Corporation
BMW of North America, Inc.
Chrysler Corporation
Fiat Auto U.S.A., Inc.
Ford Motor Company
General Motors Corporation
Hyundai Motor America
Isuzu Motors America, Inc.
Jaguar Motors Ltd.
Kia Motors America, Inc.
Land Rover North America, Inc.
Mazda (North America) Inc.
Mercedes-Benz of North America
Mitsubishi Motor Sales of America, Inc.
Nissan North America, Inc.
Porsche Cars of North America, Inc.
Rolls-Royce Motor Cars Inc.
Saab Cars USA, Inc.
Subaru of America, Inc.
Toyota Motor Sales, U.S.A., Inc.
Volkswagen of America, Inc.
Volvo North America Corporation

[63 FR 969, Jan. 7, 1998]



Sec. 86.1707-99  General provisions; opt-outs.

    A covered manufacturer or covered state may opt out of the National 
LEV program only according to the provisions of this section. Vehicles 
certified under the National LEV program must continue to meet the 
standards to which they were certified, regardless of whether the 
manufacturer of those vehicles remains a covered manufacturer. A 
manufacturer that has opted out remains responsible for any debits 
outstanding on the effective date of opt-out, pursuant to Sec. 
86.1710(d)(3).
    (a) Procedures for opt-outs--manufacturers. To opt out of the 
National LEV program, a covered manufacturer must notify the 
Administrator as provided in Sec. 86.1705(c)(1), except that the 
notification shall specify the condition and final action allowing opt-
out, indicate the manufacturer's intent to opt out of the program and no 
longer be subject to the provisions in this subpart, and specify an 
effective date for the opt-out. The effective date shall be specified in 
terms of the first model year for which the opt-out shall be effective, 
but shall be no earlier than the applicable date indicated in paragraphs 
(d) through (j) of this section. For an opt-out pursuant to paragraph 
(d) of this section, the manufacturer shall specify the revision 
triggering the opt-out and shall also provide evidence that the 
triggering revision does not harmonize the standard or requirement with 
a

[[Page 300]]

comparable California standard or requirement, if applicable, or that 
the triggering revision has increased the stringency of the revised 
standard or requirement, if applicable. The notification shall include 
the following language:

    XX COMPANY, its subsidiaries, successors and assigns hereby opt out 
of the voluntary National LEV program, as set forth in 40 CFR part 86, 
subpart R.

    (b) Procedures for opt-outs--OTC states. To opt out of the National 
LEV program, a covered state must notify the Administrator through a 
written statement from the head of the appropriate state agency. A copy 
of the notification shall be sent to the Director, Vehicle Programs and 
Compliance Division; U.S. Environmental Protection Agency; 2565 Plymouth 
Road; Ann Arbor, Michigan, 48105. The notification shall specify the 
final action allowing opt-out, indicate the state's intent to opt out of 
the program and no longer be subject to the provisions in this subpart, 
and specify an effective date for the opt-out. The effective date shall 
be specified in terms of the first model year for which the opt-out 
shall be effective, but shall be no earlier than the applicable date 
indicated in paragraphs (d) through (k) of this section. The 
notification shall include the following language:

    STATE hereby opts out of the voluntary National LEV program, as set 
forth in 40 CFR part 86, subpart R.

    (c) Procedures for opt-outs--EPA notification. Upon receipt of an 
opt-out notification under this section, EPA shall promptly notify the 
covered states and covered manufacturers of the opt-out. Publication in 
the Federal Register of notice of receipt of the opt-out notification is 
sufficient but not necessary to meet EPA's obligation to notify covered 
states and covered manufacturers.
    (d) Conditions allowing manufacturer opt-outs--change to Stable 
Standards. A covered manufacturer may opt out if EPA promulgates a final 
rule or takes other final agency action making a revision not specified 
in paragraph (d)(9)(iii) of this section to a standard or requirement 
listed in paragraph (d)(9)(i) of this section and the covered 
manufacturer objects to the revision.
    (1) A covered manufacturer may opt out within 180 calendar days of 
the EPA action allowing opt-out under this paragraph (d). A valid opt-
out based on a revision to a Core Stable Standard shall be effective no 
earlier than the model year named for the calendar year following the 
calendar year in which EPA receives the manufacturer's opt-out 
notification. A valid opt-out based on a revision to a Non-Core Stable 
Standard may become effective no earlier than the first model year to 
which that revision applies.
    (i) Only a covered manufacturer that objects to a revision may opt 
out if EPA adopts that revision, except that if such a manufacturer opts 
out, other manufacturers that did not object to the revision may also 
opt out pursuant to paragraph (j) of this section. An objection shall be 
sufficient for this purpose only if it was filed during the public 
comment period on the proposed revision and the objection states that 
the proposed revision is sufficiently significant to allow opt-out under 
this paragraph (d).
    (ii) [Reserved]
    (2) Within sixty days of receipt of an opt-out notification under 
this paragraph (d), EPA shall determine whether the opt-out is valid by 
determining whether the alleged condition allowing opt-out has occurred 
and whether the opt-out complies with the requirements under paragraphs 
(a) and (d) of this section. An EPA determination regarding the validity 
of an opt-out is not a rule, but is a nationally applicable final agency 
action subject to judicial review pursuant to section 307(b) of the 
Clean Air Act (42 U.S.C. 7607(b)).
    (3) A manufacturer that has submitted an opt-out notification to EPA 
under this paragraph (d) remains a covered manufacturer until the opt-
out has come into effect under paragraph (d)(1) of this section and EPA 
or a reviewing court determines that the opt-out is valid.
    (4) In the event that a manufacturer petitions for judicial review 
of an EPA determination that an opt-out is invalid, the manufacturer 
remains a covered manufacturer until final judicial resolution of the 
petition. Pending resolution of the petition, and starting with the 
model year for which the opt-

[[Page 301]]

out would have come into effect under paragraph (d)(1) of this section 
if EPA had determined the opt-out was valid, the manufacturer may 
certify vehicles to any standards in this part applicable to vehicles 
certified in that model year and sell such vehicles without regard to 
the limitations contained in Sec. 86.1711. However, if the opt-out is 
finally determined to be invalid, the manufacturer will be liable for 
any failure to comply with Sec. Sec. 86.1710 through 86.1712.
    (5) Upon the effective date of a manufacturer's opt-out under this 
paragraph (d), that manufacturer shall be subject to all requirements 
(except ZEV Mandates) that would apply to a manufacturer that had not 
opted into the National LEV program, including all applicable standards 
and other requirements promulgated under title II of the Clean Air Act 
(42 U.S.C. 7521 et seq.) and any state standards and other requirements 
(except ZEV Mandates) in effect pursuant to section 177 of the Clean Air 
Act (42 U.S.C. 7507). For any state Section 177 Program that allowed 
National LEV as a compliance alternative and was adopted at least two 
years before the effective date of a manufacturer's opt-out, a 
manufacturer waives its right under section 177 of the Clean Air Act to 
two years of lead time to the extent that the effective date of its opt-
out provides for less than two years of lead time and to the extent such 
a waiver is necessary. With respect to ZEV Mandates, the manufacturer 
will not be deemed to have waived its two-year lead time under section 
177 of the Clean Air Act. A manufacturer shall not be subject to any ZEV 
Mandates (except Existing ZEV Mandates) in OTC States until the model 
year (as defined in part 85, subpart X) that commences two years after 
the date of EPA's receipt of the manufacturer's opt-out notice.
    (6) If a covered manufacturer opts out under this paragraph (d), any 
covered state that is not a violating state under paragraph (e), (f), 
(g) or (h) of this section may opt out within 90 calendar days of the 
date of either an EPA finding that the opt-out is valid, or a judicial 
ruling that a disputed opt-out is valid. The state's opt-out 
notification shall specify an effective date for the state's opt-out no 
earlier than two calendar years after the date of EPA's receipt of the 
state's opt-out notification and shall provide that the opt out is not 
effective for model years (as defined in part 85, subpart X) that 
commence prior to this effective date.
    (7) In a state that opts out pursuant to paragraph (d)(6) of this 
section, obligations under National LEV shall be unaffected for covered 
manufacturers until the effective date of the state's opt-out. Upon the 
effective date of the state's opt-out, in that state covered 
manufacturers shall comply with any state standards and other 
requirements in effect pursuant to section 177 of the Clean Air Act or, 
if such state standards are not in effect, with all requirements that 
would apply to a manufacturer that had not opted into the National LEV 
program, including all applicable standards and other requirements 
promulgated under title II of the Clean Air Act (42 U.S.C. 7521 et 
seq.).
    (8) In a state that has not opted out, obligations under National 
LEV shall be unaffected for covered manufacturers.
    (9)(i) The following are the emissions standards and requirements 
that, if revised, may provide covered manufacturers the opportunity to 
opt out pursuant to paragraph (d)(1) of this section:
    (A) The tailpipe emissions standards for NMOG, NOX, CO, 
HCHO, and PM specified in Sec. Sec. 86.1708(b) and (c) and 86.1709(b) 
and (c);
    (B) Fleet average NMOG standards and averaging, banking and trading 
provisions specified in Sec. 86.1710;
    (C) Provisions regarding limitations on sale of Tier 1 vehicles and 
TLEVs contained in Sec. 86.1711;
    (D) The compliance test procedure (Federal Test Procedure) as 
specified in subparts A and B of this part, as used for determining 
compliance with the exhaust emission standards specified in Sec. Sec. 
86.1708(b) and (c) and 86.1709(b) and (c);
    (E) The compliance test fuel, as specified in Sec. 86.1771;
    (F) The definition of low volume manufacturer specified in Sec. 
86.1702;
    (G) The on-board diagnostic system requirements specified in Sec. 
86.1717;

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    (H) The light-duty vehicle refueling emissions standards and 
provisions specified in Sec. 86.099-8(d), and the light-duty truck 
refueling emissions standards and provisions specified in Sec. 86.001-
9(d);
    (I) The cold temperature carbon monoxide standards and provisions 
for light-duty vehicles specified in Sec. 86.099-8(k), and for light 
light-duty trucks specified in Sec. 86.099-9(k);
    (J) The evaporative emissions standards and provisions for light-
duty vehicles specified in Sec. 86.099-8(b), and the evaporative 
emissions standards and provisions for light light-duty trucks specified 
in Sec. 86.099-9(b);
    (K) The reactivity adjustment factors and procedures specified in 
Sec. 86.1777(d);
    (L) The Supplemental Federal Test Procedure, standards and phase-in 
schedules specified in Sec. Sec. 86.1708(e), 86.1709(e), 86.127(f) and 
(g), 86.129(e) and (f), 86.130(e), 86.131(f), 86.132(n) and (o), 86.158, 
86.159, 86.160, 86.161, 86.162, 86.163, 86.164, and appendix I to this 
part, paragraphs (g) and (h).
    (ii) The standards and requirements listed in paragraphs 
(d)(9)(i)(A) through (d)(9)(i)(F) of this section are the ``Core Stable 
Standards''; the standards and requirements listed in paragraphs 
(d)(9)(i)(G) through (d)(9)(i)(L) of this section are the ``Non-Core 
Stable Standards.''
    (iii) The following types of revisions to the Stable Standards 
listed in paragraph (d)(9)(i) of this section do not provide covered 
manufacturers the right to opt out of the National LEV program:
    (A) Revisions to which covered manufacturers do not object;
    (B) Revisions to a Non-Core Stable Standard that do not increase the 
overall stringency of the standard or requirement;
    (C) Revisions to a Non-Core Stable Standard that harmonize the 
standard or requirement with the comparable California standard or 
requirement for the same model year (even if the harmonization increases 
the stringency of the standard or requirement), provided that, if the 
relevant California factor is raised to 1.0 or higher, EPA can only 
raise to 1.0 any of the reactivity adjustment factors specified in 
86.1777 applicable to gasoline meeting the specifications of 
86.1771(a)(1); and
    (D) Revisions to cold temperature carbon monoxide standards and 
provisions for light-duty vehicles (as specified in Sec. 86.099-8(k)) 
and for light light-duty trucks (as specified in Sec. 86.099-9(k)) that 
are effective after model year 2000.
    (10) Promulgation by EPA of mandatory tailpipe standards and other 
related requirements effective model year 2004 or later does not provide 
an opportunity to opt out of the National LEV program.
    (e) Conditions allowing manufacturer opt-outs--state Section 177 
Program that does not allow National LEV as a compliance alternative. A 
covered manufacturer may opt out of National LEV if a covered state 
takes final action such that it has in its regulations or state law a 
state Section 177 Program and/or a ZEV Mandate (except in a state with 
an Existing ZEV Mandate), that does not allow National LEV as a 
compliance alternative for the duration of the state's commitment to the 
National LEV program. The state's commitment to National LEV extends 
until model year 2006. If, no later than December 15, 2000, EPA has not 
adopted standards at least as stringent as the National LEV standards 
provided in 40 CFR part 86, subpart R that apply to new motor vehicles 
in model year 2004, 2005 or 2006, the state's commitment to National LEV 
only extends until model year 2004. A manufacturer could opt out based 
on this condition even if the state regulations or law are contrary to 
an approved SIP revision committing the state to National LEV pursuant 
to Sec. 86.1705(g). For purposes of this paragraph (e), such a state 
shall be called the ``violating state.''
    (1) A covered manufacturer may opt out any time after the violating 
state takes such final action, provided that the violating state has not 
withdrawn or otherwise nullified the relevant final action prior to 
EPA's receipt of the opt-out notification. An opt-out under this 
paragraph (e) shall be effective no earlier than the model year named 
for the calendar year following the calendar year in which EPA receives 
the manufacturer's opt-out notification.

[[Page 303]]

    (2) As of the model year named for the calendar year following the 
calendar year of the violating state's final action, the violating state 
shall no longer be included in the applicable trading region for 
purposes of calculating covered manufacturers' compliance with the fleet 
average NMOG standards under Sec. Sec. 86.1710, and 86.1711 shall no 
longer apply to vehicles sold in the violating state. Beginning in that 
model year and until the violating state's requirements become effective 
pursuant to sections 110(l) and 177 of the Clean Air Act or until the 
date specified in the following sentence, whichever is earlier, the 
National LEV program allows covered manufacturers to certify and produce 
for sale vehicles meeting the exhaust emission standards of Sec. 
86.096-8(a)(1)(i) and subsequent model year provisions or Sec. 86.097-
9(a)(1)(i) and subsequent model year provisions in the violating state. 
If the violating state withdraws or otherwise nullifies the relevant 
violating final action, vehicles sold in that state shall count towards 
the covered manufacturers' fleet NMOG standards under Sec. 86.1710 and 
be subject to Sec. 86.1711 as of the model year named for the second 
calendar year following the calendar year in which the violating state 
took the final action nullifying or withdrawing the final violating 
action, or as of the model year named for the fourth calendar year 
following the calendar year in which the violating state took the 
violating final action, whichever is later. The two-year lead time 
required by section 177 of the Clean Air Act for the state Section 177 
Program or ZEV Mandate shall run from the date of the violating final 
action. Notwithstanding an earlier effective date of a manufacturer's 
opt-out under this paragraph (e), the manufacturer's opt-out is not 
effective in the violating state until the two-year lead time for the 
violating state's program has passed (which shall run from the date of 
the violating final action). For model years for which vehicles sold in 
the violating state do not count towards the National LEV NMOG average, 
in calculating emissions reductions from new motor vehicles creditable 
for state implementation plan requirements, the violating state's 
emissions reductions shall be based on the emission standards of 
Sec. Sec. 86.096-8(a)(1)(i), 86.097-9(a)(1)(i) and subsequent model 
year provisions, and shall not be based on the National LEV standards, 
provided that vehicles sold in the violating state are certified to Tier 
1 levels when sold in that state.
    (3) Upon the effective date of a manufacturer's opt-out under this 
paragraph (e) in any covered state that is not a violating state under 
this paragraph (e), that manufacturer shall be subject to all 
requirements (except ZEV Mandates) that would apply to a manufacturer 
that had not opted into the National LEV program, including all 
applicable standards and other requirements promulgated under title II 
of the Clean Air Act and any state standards and other requirements 
(except ZEV Mandates) in effect pursuant to section 177 of the Clean Air 
Act (42 U.S.C. 7507). For any state Section 177 Program that allowed 
National LEV as a compliance alternative and was adopted by a non-
violating state at least two years before the effective date of a 
manufacturer's opt-out, a manufacturer waives its right under section 
177 of the Clean Air Act to two years of lead time to the extent that 
the effective date of its opt-out provides for less than two years of 
lead time and to the extent such a waiver is necessary. With respect to 
ZEV Mandates, the manufacturer will not be deemed to have waived its 
two-year lead time under section 177 of the Clean Air Act. A 
manufacturer shall not be subject to any ZEV Mandates (except Existing 
ZEV Mandates) in OTC States until the model year (as defined in part 85, 
subpart X) that commences two years after the date of EPA's receipt of 
the manufacturer's opt-out notice.
    (4) If a covered manufacturer opts out under this paragraph (e), any 
covered state that is not a violating state under paragraph (e), (f), 
(g) or (h) of this section may opt out within 90 calendar days of EPA's 
receipt of the manufacturer's opt-out notification. The state's opt-out 
notification shall specify an effective date for the state's opt-out no 
earlier than two calendar years after the date of EPA's receipt of the 
state's opt-out notification and

[[Page 304]]

shall provide that the opt-out is not effective for model years (as 
defined in part 85, subpart X), that commence prior to this effective 
date.
    (5) In a non-violating state that opts out pursuant to paragraph 
(e)(4) of this section, obligations under National LEV shall be 
unaffected for covered manufacturers until the effective date of the 
non-violating state's opt-out. Upon the effective date of the state's 
opt-out, in that state covered manufacturers shall comply with any state 
standards and other requirements in effect pursuant to section 177 of 
the Clean Air Act or, if such state standards are not in effect, with 
all requirements that would apply to a manufacturer that had not opted 
into the National LEV program, including all applicable standards and 
other requirements promulgated under title II of the Clean Air Act (42 
U.S.C. 7521 et seq.).
    (6) In a non-violating state that has not opted out, obligations 
under National LEV shall be unaffected for covered manufacturers.
    (f) Conditions allowing manufacturer opt-outs--failure to submit SIP 
revision. A covered manufacturer may opt out of National LEV if a 
covered state fails to submit a National LEV SIP revision on the date 
specified in Sec. 86.1705(g). For purposes of this paragraph (f), such 
a state shall be called the ``violating state.''
    (1) A covered manufacturer may opt out any time after the violating 
state misses the deadline for its National LEV SIP revision, provided 
that EPA has not received a National LEV SIP revision from the violating 
state prior to EPA's receipt of the manufacturer's opt-out notification. 
If a manufacturer opts out within 180 calendar days from the deadline 
for the state to submit its National LEV SIP revision, the opt-out must 
be conditioned on the state not submitting a National LEV SIP revision 
within 180 calendar days from the deadline for such SIP revision. If the 
state submits such a SIP revision within the 180-day period, any 
manufacturer opt-outs under this paragraph (f) would be invalidated and 
would not come into effect. An opt-out under this paragraph (f) shall be 
effective no earlier than model year 2000 (or model year 2001 if the 
violating state is the District of Columbia, New Hampshire, Delaware, or 
Virginia) or the model year named for the calendar year following the 
calendar year in which EPA receives the opt-out notification, whichever 
is later.
    (2) For a manufacturer that opts out under this paragraph (f), as of 
model year 2000 (or model year 2001 if the violating state is the 
District of Columbia, New Hampshire, Delaware, or Virginia) or the model 
year named for the calendar year following the calendar year in which 
EPA receives the opt-out notification, whichever is later, the violating 
state shall no longer be included in the applicable trading region for 
purposes of calculating that manufacturer's compliance with the fleet 
average NMOG standards under Sec. 86.1710 and the manufacturer does not 
have to comply with Sec. 86.1711 for vehicles sold in the violating 
state. Beginning in that model year and until the manufacturer's opt-out 
becomes effective, the National LEV program allows a manufacturer that 
has opted out under this paragraph (f) to certify and produce for sale 
vehicles meeting the exhaust emission standards of Sec. 86.096-
8(a)(1)(i) and subsequent model year provisions or Sec. 86.097-
9(a)(1)(i) and subsequent model year provisions in the violating state. 
For model years in which vehicles sold in the violating state do not 
count towards the National LEV NMOG average, in calculating emission 
reductions from new motor vehicles creditable for state implementation 
plan requirements, the violating state's emissions reductions shall be 
based on the emissions standards of Sec. Sec. 86.096-8(a)(1)(i), 
86.097-9(a)(1)(i), and subsequent model year provisions, and shall not 
be based on the National LEV standards, provided that vehicles sold in 
the violating state are certified to Tier 1 levels when sold in that 
state. National LEV obligations in the violating state remain unchanged 
for those manufacturers that do not opt out based on this condition.
    (3) Upon the effective date of a manufacturer's opt-out under this 
paragraph (f), in any covered state that is not a violating state under 
this paragraph (f), that manufacturer shall be subject

[[Page 305]]

to all requirements (except ZEV Mandates) that would apply to a 
manufacturer that had not opted into the National LEV program, including 
all applicable standards and other requirements promulgated under title 
II of the Clean Air Act and any state standards and other requirements 
(except ZEV Mandates) in effect pursuant to section 177 of the Clean Air 
Act (42 U.S.C. 7507). For any state Section 177 Program that allowed 
National LEV as a compliance alternative and was adopted by a non-
violating state at least two years before the effective date of a 
manufacturer's opt-out, a manufacturer waives its right under section 
177 of the Clean Air Act to two years of lead time to the extent that 
the effective date of its opt-out provides for less than two years of 
lead time and to the extent such a waiver is necessary. With respect to 
ZEV Mandates, the manufacturer will not be deemed to have waived its 
two-year lead time under section 177 of the Clean Air Act. A 
manufacturer shall not be subject to any ZEV Mandates (except Existing 
ZEV Mandates) in OTC States until the model year (as defined in part 85, 
subpart X) that commences two years after the date of EPA's receipt of 
the manufacturer's opt-out notice.
    (4) If a covered manufacturer opts out under this paragraph (f), any 
covered state that is not a violating state under paragraph (e), (f), 
(g) or (h) of this section may opt out within 90 calendar days of EPA's 
receipt of the manufacturer's opt-out notification. The state's opt-out 
notification shall specify an effective date for the state's opt-out no 
earlier than two calendar years after the date of EPA's receipt of the 
state's opt-out notification and shall provide that the opt-out is not 
effective for model years (as defined in part 85, subpart X), that 
commence prior to this effective date.
    (5) In a non-violating state that opts out pursuant to paragraph 
(f)(4) of this section, obligations under National LEV shall be 
unaffected for covered manufacturers until the effective date of the 
non-violating state's opt-out. Upon the effective date of the state's 
opt-out, in that state covered manufacturers shall comply with any state 
standards and other requirements in effect pursuant to section 177 of 
the Clean Air Act or, if such state standards are not in effect, with 
all requirements that would apply to a manufacturer that had not opted 
into the National LEV program, including all applicable standards and 
other requirements promulgated under title II of the Clean Air Act (42 
U.S.C. 7521 et seq.).
    (6) In a non-violating state that has not opted out, obligations 
under National LEV shall be unaffected for covered manufacturers.
    (g) Conditions allowing manufacturer opt-outs--inadequate National 
LEV SIP submission. A covered manufacturer may opt out of National LEV 
if EPA disapproves a covered state's National LEV SIP submission or 
finds that it fails to meet the requirements for a National LEV SIP 
revision set forth in Sec. 86.1705(g) or if EPA has not taken final 
action regarding such a SIP submission and more than one year has passed 
since such SIP submission was submitted to EPA. For purposes of this 
paragraph (g), such a state shall be called the ``violating state.''
    (1) A covered manufacturer may opt out any time after EPA has 
disapproved a state's National LEV SIP submission or found that it does 
not meet the requirements of Sec. 86.1705(g), provided that EPA has not 
subsequently approved a revised National LEV SIP revision from that 
state and found that the SIP revision meets the requirements of Sec. 
86.1705(g). A covered manufacturer may also opt out any time after one 
year EPA's receipt of a state's National LEV SIP submission, provided 
that EPA has not approved the revision or has not found that the SIP 
revision meets the requirements of Sec. 86.1705(g). An opt-out under 
this condition shall be effective no earlier than the model year named 
for the calendar year following the calendar year in which the EPA 
receives the manufacturer's opt-out notification.
    (2) For a manufacturer that opts out under this paragraph (g), as of 
the model year named for the calendar year following the calendar year 
in which EPA receives the opt-out notification, the violating state 
shall no longer be included in the applicable trading region for 
purposes of calculating that manufacturer's compliance

[[Page 306]]

with the fleet average NMOG standards under Sec. 86.1710 and the 
manufacturer does not have to comply with Sec. 86.1711 for vehicles 
sold in the violating state. Beginning in that model year and until the 
manufacturer's opt-out becomes effective, the National LEV program 
allows a manufacturer that has opted out under this paragraph (g) to 
certify and produce for sale vehicles meeting the exhaust emission 
standards of Sec. 86.096-8(a)(1)(i) and subsequent model year 
provisions or Sec. 86.097-9(a)(1)(i) and subsequent model year 
provisions in the violating state. For model years in which vehicles 
sold in the violating state do not count towards the National LEV NMOG 
average, in calculating emission reductions from new motor vehicles 
creditable for state implementation plan requirements, the violating 
state's emissions reductions shall be based on the emissions standards 
of Sec. Sec. 86.096-8(a)(1)(i), 86.097-9(a)(1)(i), and subsequent model 
year provisions, and shall not be based on the National LEV standards, 
provided that vehicles sold in the violating state are certified to Tier 
1 levels when sold in that state. National LEV obligations in the 
violating state remain unchanged for those manufacturers that do not opt 
out based on this condition.
    (3) Upon the effective date of a manufacturer's opt-out under this 
paragraph (g), in any covered state that is not a violating state under 
this paragraph (g), that manufacturer shall be subject to all 
requirements (except ZEV Mandates) that would apply to a manufacturer 
that had not opted into the National LEV program, including all 
applicable standards and other requirements promulgated under title II 
of the Clean Air Act and any state standards and other requirements 
(except ZEV Mandates) in effect pursuant to section 177 of the Clean Air 
Act (42 U.S.C. 7507). For any state Section 177 Program that allowed 
National LEV as a compliance alternative and was adopted by a non-
violating state at least two years before the effective date of a 
manufacturer's opt-out, a manufacturer waives its right under section 
177 of the Clean Air Act to two years of lead time to the extent that 
the effective date of its opt-out provides for less than two years of 
lead time and to the extent such a waiver is necessary. With respect to 
ZEV Mandates, the manufacturer will not be deemed to have waived its 
two-year lead time under section 177 of the Clean Air Act. A 
manufacturer shall not be subject to any ZEV Mandates (except Existing 
ZEV Mandates) in OTC States until the model year (as defined in part 85, 
subpart X) that commences two years after the date of EPA's receipt of 
the manufacturer's opt-out notice.
    (4) If a covered manufacturer opts out under this paragraph (g), any 
covered state that is not a violating state under paragraph (e), (f), 
(g) or (h) of this section may opt out within 90 calendar days of EPA's 
receipt of the manufacturer's opt-out notification. The state's opt-out 
notification shall specify an effective date for the state's opt-out 
that is no earlier than two calendar years after the date of EPA's 
receipt of the state's opt-out notification and shall provide that the 
opt-out is not effective for model years (as defined in part 85, subpart 
X that commence prior to this effective date.
    (5) In a non-violating state that opts out pursuant to paragraph 
(g)(4) of this section, obligations under National LEV shall be 
unaffected for covered manufacturers until the effective date of the 
non-violating state's opt-out. Upon the effective date of the state's 
opt-out, in that state covered manufacturers shall comply with any state 
standards and other requirements in effect pursuant to section 177 of 
the Clean Air Act or, if such state standards are not in effect, with 
all requirements that would apply to a manufacturer that had not opted 
into the National LEV program, including all applicable standards and 
other requirements promulgated under title II of the Clean Air Act (42 
U.S.C. 7521 et seq.).
    (6) In a non-violating state that has not opted out, obligations 
under National LEV shall be unaffected for covered manufacturers.
    (h) Conditions allowing manufacturer opt-outs--adoption of a ZEV 
Mandate. A covered manufacturer to which a ZEV Mandate might apply may 
opt out of National LEV if a covered state without an Existing ZEV 
Mandate takes final action such that it has in its regulations or state 
law a ZEV Mandate

[[Page 307]]

that allows National LEV as a compliance alternative that would be 
effective during the state's commitment to National LEV. For purposes of 
this paragraph (h), such a state shall be called the ``violating 
state.''
    (1) A covered manufacturer may opt out any time after the violating 
state takes the final action, provided that the violating state has not 
withdrawn or otherwise nullified the relevant final action prior to 
EPA's receipt of the opt-out notification. An opt-out under this opt-out 
condition shall be effective no earlier than the model year named for 
the calendar year following the calendar year in which EPA receives the 
manufacturer's opt-out notification.
    (2) For a manufacturer that opts out under this paragraph (h), as of 
the model year named for the calendar year following the calendar year 
in which EPA receives the opt-out notification, the violating state 
shall no longer be included in the applicable trading region for 
purposes of calculating that manufacturer's compliance with the fleet 
average NMOG standards under Sec. 86.1710 and the manufacturer does not 
have to comply with Sec. 86.1711 for vehicles sold in the violating 
state. Beginning in that model year and until the manufacturer's opt-out 
becomes effective, the National LEV program allows a manufacturer that 
has opted out under this paragraph (h) to certify and produce for sale 
vehicles meeting the exhaust emission standards of Sec. 86.096-
8(a)(1)(i) and subsequent model year provisions or Sec. 86.097-
9(a)(1)(i) and subsequent model year provisions in the violating state. 
For model years in which vehicles sold in the violating state do not 
count towards the National LEV NMOG average, in calculating emission 
reductions from new motor vehicles creditable for state implementation 
plan requirements, the violating state's emissions reductions shall be 
based on the emissions standards of Sec. Sec. 86.096-8(a)(1)(i), 
86.097-9(a)(1)(i), and subsequent model year provisions, and shall not 
be based on the National LEV standards, provided that vehicles sold in 
the violating state are certified to Tier 1 levels when sold in that 
state. National LEV obligations in the violating state remain unchanged 
for those manufacturers that do not opt out based on this condition.
    (3) Upon the effective date of a manufacturer's opt-out under this 
paragraph (h), in any covered state that is not a violating state under 
this paragraph (h), that manufacturer shall be subject to all 
requirements (except ZEV Mandates) that would apply to a manufacturer 
that had not opted into the National LEV program, including all 
applicable standards and other requirements promulgated under title II 
of the Clean Air Act and any state standards and other requirements 
(except ZEV Mandates) in effect pursuant to section 177 of the Clean Air 
Act (42 U.S.C. 7507). For any state Section 177 Program that allowed 
National LEV as a compliance alternative and was adopted by a non-
violating state at least two years before the effective date of a 
manufacturer's opt-out, a manufacturer waives its right under section 
177 of the Clean Air Act to two years of lead time to the extent that 
the effective date of its opt-out provides for less than two years of 
lead time and to the extent such a waiver is necessary. With respect to 
ZEV Mandates, the manufacturer will not be deemed to have waived its 
two-year lead time under section 177 of the Clean Air Act. A 
manufacturer shall not be subject to any ZEV Mandates (except Existing 
ZEV Mandates) in OTC States until the model year (as defined in part 85, 
subpart X) that commences two years after the date of EPA's receipt of 
the manufacturer's opt-out notice.
    (4) If a covered manufacturer opts out under this paragraph (h), any 
covered state that is not a violating state under paragraph (e), (f), 
(g) or (h) of this section may opt out within 90 calendar days of EPA's 
receipt of the manufacturer's opt-out notification. The state's opt-out 
notification shall specify an effective date for the state's opt-out 
that is no earlier than two calendar years after the date of EPA's 
receipt of the state's opt-out notification and shall provide that the 
opt-out is not effective for model years (as defined in part 85, subpart 
X) that commence prior to this effective date.
    (5) In a non-violating state that opts out pursuant to paragraph 
(h)(4) of this section, obligations under National

[[Page 308]]

LEV shall be unaffected for covered manufacturers until the effective 
date of the non-violating state's opt-out. Upon the effective date of 
the state's opt-out, in that state covered manufacturers shall comply 
with any state standards and other requirements in effect pursuant to 
section 177 of the Clean Air Act or, if such state standards are not in 
effect, with all requirements that would apply to a manufacturer that 
had not opted into the National LEV program, including all applicable 
standards and other requirements promulgated under title II of the Clean 
Air Act (42 U.S.C. 7521 et seq.).
    (6) In a non-violating state that has not opted out, obligations 
under National LEV shall be unaffected for covered manufacturers.
    (i) Conditions allowing manufacturer opt-outs--EPA failure to 
consider in-use fuel issues. A covered manufacturer may opt out of 
National LEV if EPA does not meet its obligations related to fuel sulfur 
effects, as those obligations are set forth in paragraph (i)(7) of this 
section.
    (1) A manufacturer may request in writing that EPA consider taking a 
specific action with regard to a fuel sulfur effect described in 
paragraph (i)(7) of this section. The request must identify the alleged 
fuel sulfur related problem, demonstrate that the problem exists and is 
caused by in-use fuel sulfur levels, ask EPA to consider taking a 
specific action, and demonstrate the emissions impact of the requested 
change. Within 60 calendar days of EPA's receipt of the manufacturer's 
request, EPA must consider the manufacturer's request and respond to it 
in writing, stating the Agency's decision and explaining the basis for 
the decision. The date of EPA's response is the date the response is 
signed.
    (2) If EPA fails to respond to a manufacturer's request within the 
time provided, the covered manufacturer that submitted the request may 
opt out within 180 calendar days of the deadline for the EPA response. 
(If such a manufacturer opts out, other manufacturers that did not 
submit requests may also opt out pursuant to paragraph (j) of this 
section.) An opt-out notification under this paragraph (i) is not valid 
if received by EPA after EPA responds to the request, even if EPA 
responds after the expiration of the 60-day EPA deadline. An opt-out 
under this paragraph (i) shall be effective no earlier than the model 
year named for the calendar year following the calendar year in which 
EPA receives the manufacturer's opt-out notification.
    (3) Upon the effective date of a manufacturer's opt-out under this 
paragraph (i), the manufacturer shall be subject to all requirements 
(except ZEV Mandates) that would apply to a manufacturer that had not 
opted into the National LEV program, including all applicable standards 
and other requirements promulgated under title II of the Clean Air Act 
(42 U.S.C. 7521 et seq.) and any state standards and other requirements 
(except ZEV Mandates) in effect pursuant to section 177 of the Clean Air 
Act (42 U.S.C. 7507). For any state Section 177 Program that allowed 
National LEV as a compliance alternative and was adopted at least two 
years before the effective date of a manufacturer's opt-out, a 
manufacturer waives its right under section 177 of the Clean Air Act to 
two years of lead time to the extent that the effective date of its opt-
out provides for less than two years of lead time and to the extent such 
a waiver is necessary. With respect to ZEV Mandates, the manufacturer 
will not be deemed to have waived its two-year lead time under section 
177 of the Clean Air Act. A manufacturer shall not be subject to any ZEV 
Mandates (except Existing ZEV Mandates) in OTC States until the model 
year (as defined in part 85, subpart X) that commences two years after 
the date of EPA's receipt of the manufacturer's opt-out notice.
    (4) If a covered manufacturer opts out under this paragraph (i), any 
covered state that is not a violating state under paragraph (e), (f), 
(g) or (h) of this section may opt out within 90 calendar days of EPA's 
receipt of the manufacturer's opt-out notification. The state's opt-out 
notification shall specify an effective date for the state's opt-out 
that is no earlier than two calendar years after the date of EPA's 
receipt of the state's opt-out notification and shall provide that the 
opt out is

[[Page 309]]

not effective for model years (as defined in part 85, subpart X), that 
commence prior to this effective date.
    (5) In a state that opts out pursuant to paragraph (i)(4) of this 
section, obligations under National LEV shall be unaffected for covered 
manufacturers until the effective date of the state's opt-out. Upon the 
effective date of the state's opt-out, in that state covered 
manufacturers shall comply with any state standards and other 
requirements in effect pursuant to section 177 of the Clean Air Act or, 
if such state standards are not in effect, with all requirements that 
would apply to a manufacturer that had not opted into the National LEV 
program, including all applicable standards and other requirements 
promulgated under title II of the Clean Air Act (42 U.S.C. 7521 et 
seq.).
    (6) In a state that has not opted out, obligations under National 
LEV shall be unaffected for covered manufacturers.
    (7) Following are the actions that a manufacturer may request EPA to 
consider under paragraph (i)(1) of this section:
    (i) During the certification process and upon a manufacturer's 
written request, EPA will consider allowing the use of an on-board 
diagnostic system (as required by Sec. 86.1717), that functions 
properly on low sulfur gasoline, but indicates sulfur-induced passes 
when exposed to high sulfur gasoline.
    (ii) Upon a manufacturer's written request, if vehicles exhibit 
illuminations of the emission control diagnostic system malfunction 
indicator light (as defined in Sec. 86.094-17(c)) due to high sulfur 
gasoline, EPA will consider allowing modifications to such vehicles on a 
case-by-case basis so as to eliminate the sulfur-induced illumination.
    (iii) Upon a manufacturer's written request, prior to in-use 
testing, that presents information to EPA regarding pre-conditioning 
procedures designed solely to remove the effects of high sulfur from 
currently available gasoline, EPA will consider allowing such procedures 
on a case-by-case basis.
    (j) Conditions allowing manufacturer opt-outs--OTC State or 
manufacturer opts out. A covered manufacturer may opt out of National 
LEV if a covered state or another covered manufacturer opts out of the 
National LEV program pursuant to this section.
    (1) If a covered manufacturer's opt-out under this paragraph (j) is 
based on a covered state's or covered manufacturer's opt-out under 
paragraph (e), (f), (g), (h), (i), (j) or (k) of this section, the 
manufacturer may opt out within 90 calendar days of EPA's receipt of the 
underlying state's or manufacturer's opt-out notification. If a 
manufacturer's opt-out under this paragraph (j) is based on a 
manufacturer's opt-out under paragraph (d) of this section, the 
manufacturer may only opt out within 90 calendar days of the date of 
either an EPA finding or a judicial ruling that the opt-out under 
paragraph (d) of this section is valid. An opt-out under this paragraph 
(j) shall be effective no earlier than the model year named for the 
calendar year following the calendar year in which the EPA receives the 
manufacturer's opt-out notification.
    (2) Upon the effective date of a manufacturer's opt-out under this 
paragraph (j), in any covered state that manufacturer shall be subject 
to all requirements (except ZEV Mandates) that would apply to a 
manufacturer that had not opted into National LEV, including all 
applicable standards and other requirements promulgated under title II 
of the Clean Air Act and any state standards and other requirements 
(except ZEV Mandates) in effect pursuant to section 177 of the Clean Air 
Act (42 U.S.C. 7507). For any state Section 177 Program that allowed 
National LEV as a compliance alternative and was adopted at least two 
years before the effective date of a manufacturer's opt-out, a 
manufacturer waives its right under section 177 of the Clean Air Act to 
two years of lead time to the extent that the effective date of its opt-
out provides for less than two years of lead time and to the extent such 
a waiver is necessary. With respect to ZEV Mandates, the manufacturer 
will not be deemed to have waived its two-year lead time under section 
177 of the Clean Air Act. A manufacturer shall not be subject to any ZEV 
Mandates (except Existing ZEV Mandates) in OTC States until the model 
year (as defined in part 85, subpart X) that commences two years after 
the date of

[[Page 310]]

EPA's receipt of the manufacturer's opt-out notice.
    (3) If a covered manufacturer opts out under this paragraph (j), any 
covered state that is not a violating state under paragraph (e), (f), 
(g) or (h) of this section may opt out within 90 calendar days of EPA's 
receipt of the manufacturer's opt-out notification. The state's opt-out 
notification shall specify an effective date for the state's opt-out no 
earlier than two calendar years after the date of EPA's receipt of the 
state's opt-out notification and shall provide that the opt-out is not 
effective for model years (as defined in part 85, subpart X), that 
commence prior to this effective date.
    (4) In a state that opts out pursuant to paragraph (j)(3) of this 
section, obligations under National LEV shall be unaffected for covered 
manufacturers until the effective date of the state's opt-out. Upon the 
effective date of the state's opt-out, in that state covered 
manufacturers shall comply with any state standards and other 
requirements in effect pursuant to section 177 of the Clean Air Act or, 
if such state standards are not in effect, with all requirements that 
would apply to a manufacturer that had not opted into the National LEV 
program, including all applicable standards and other requirements 
promulgated under title II of the Clean Air Act (42 U.S.C. 7521 et 
seq.).
    (5) In a state that has not opted out, obligations under National 
LEV remain unaffected for covered manufacturers.
    (k) Conditions allowing OTC State opt-outs--EPA finding of 
inequivalency. Any covered state may opt out of National LEV if EPA 
determines that National LEV would not produce (or is not producing) 
emissions reductions at least equivalent to the OTC State Section 177 
Programs.
    (1) At any time during National LEV, a covered state may request in 
writing that EPA reevaluate its initial equivalency determination (of 
December 16, 1997) that National LEV would produce emissions reductions 
at least equivalent to the OTC State Section 177 Programs that would be 
operative in the absence of National LEV. Within 180 calendar days of 
receipt of the state's request, EPA must take final agency action to 
determine whether the determination that National LEV will produce at 
least equivalent emission reductions to OTC State Section 177 Program is 
still valid. These EPA determinations are not rules, but are nationally 
applicable final agency actions subject to judicial review pursuant to 
section 307(b) of the Clean Air Act (42 U.S.C. 7607(b)). In reevaluating 
its equivalency determination, EPA shall use the same Mobile emission 
factor model and the same inputs and assumptions (including vehicle 
miles traveled, MOBILE5a model inputs, inspection and maintenance 
programs, reformulated gasoline, and permanent migration effects) as 
used in the initial determination, with the following exceptions:
    (i) In modeling the emission reductions from National LEV, EPA shall 
use any revised federal new motor vehicle standard or other requirement 
in place of the standard or other requirement as it existed when EPA 
made its initial determination; and, to the extent that the modeling 
reflects EPA's implementation of federal new motor vehicle standards or 
other requirements, EPA shall take any changes in such implementation 
into account.
    (ii) In modeling the emissions reductions that would be achieved 
through the OTC State Section 177 Programs that would apply in the 
absence of National LEV, EPA shall take into account all Section 177 
Programs adopted by OTC States (including programs that allow National 
LEV as a compliance alternative) that had been adopted subsequent to 
EPA's initial equivalency determination. In accounting for the emissions 
effect of OTC State Section 177 Programs, EPA shall continue to assume 
that all OTC State Section 177 Programs have the same substantive 
requirements used in EPA's initial equivalency determination and shall 
not model any effects of state regulation of medium-duty vehicles (as 
defined in the California Code of Regulations, Title 13, Division 3, 
Chapter 1, Article 1, Section 1900).
    (2) A covered state may opt out of National LEV within 90 calendar 
days of a final EPA determination pursuant to paragraph (k)(1) of this 
section that National LEV would not produce (or is

[[Page 311]]

not producing) emissions reductions at least equivalent to OTC State 
Section 177 Programs. The state's opt-out notification shall specify an 
effective date for the state's opt-out that is no earlier than two 
calendar years after the date of EPA's receipt of the state's opt-out 
notification and shall provide that the opt-out is not effective for 
model years (as defined in part 85, subpart X), that commence prior to 
this effective date.
    (3) If a covered state opts out based on this condition, a covered 
manufacturer may opt out of National LEV pursuant to paragraph (j) of 
this section.
    (4) In a state that opts out pursuant to paragraph (k)(1) of this 
section, obligations under National LEV shall be unaffected for covered 
manufacturers until the effective date of that state's opt-out. Upon the 
effective date of the state's opt-out, in that state covered 
manufacturers shall comply with any state standards and other 
requirements in effect pursuant to section 177 of the Clean Air Act or, 
if such state standards and other requirements are not in effect, with 
all requirements that would apply to a manufacturer that had not opted 
into the National LEV program, including all applicable standards and 
other requirements promulgated under title II of the Clean Air Act (42 
U.S.C. 7521 et seq.).

[63 FR 970, Jan. 7, 1998]



Sec. 86.1708-99  Exhaust emission standards for 1999 and later light-duty 

vehicles.

    (a) Light-duty vehicles certified under the provisions of this 
subpart shall comply with the applicable exhaust emission standards in 
this section. In addition to the exhaust emission standards in this 
section, light-duty vehicles certified under the provisions of this 
subpart shall comply with all applicable emission standards and 
requirements in Sec. 86.096-8 and subsequent model year provisions.
    (1) Light-duty vehicles that meet the exhaust emission standards in 
this section are deemed to be in compliance with all the exhaust 
emission standards in Sec. 86.096-8(a)(1)(i) and subsequent model year 
provisions, except for the emission standards and test procedures for 
total hydrocarbon (THC), particulate matter (PM), and high altitude 
conditions. Diesel light-duty vehicles that meet the PM standard in this 
section are deemed to be in compliance with the PM standard in Sec. 
86.096-8 and subsequent model year provisions.
    (b)(1) Standards. (i) Exhaust emissions from 1999 and later model 
year light-duty vehicles classified as TLEVs, LEVs, and ULEVs shall not 
exceed the standards in Tables R99-1 and R99-2 in rows designated with 
the applicable vehicle emission category. These standards shall apply 
equally to certification and in-use vehicles, except as provided in 
paragraph (c) of this section. The tables follow:

   Table R99-1--Intermediate Useful Life (50,000 mile) Standards (g/mi) for Light-Duty Vehicles Classified as
                                             TLEVs, LEVs, and ULEVs
----------------------------------------------------------------------------------------------------------------
                  Vehicle emission category                       NMOG          CO          NOX          HCHO
----------------------------------------------------------------------------------------------------------------
TLEV........................................................        0.125          3.4          0.4        0.015
LEV.........................................................        0.075          3.4          0.2        0.015
ULEV........................................................        0.040          1.7          0.2        0.008
----------------------------------------------------------------------------------------------------------------


Table R99-2--Full Useful Life (100,000 mile) Standards (g/mi) for Light-Duty Vehicles Classified as TLEVs, LEVs,
                                                    and ULEVs
----------------------------------------------------------------------------------------------------------------
                                                                                                     PM (diesels
           Vehicle emission category                 NMOG          CO          NOX          HCHO        only)
----------------------------------------------------------------------------------------------------------------
TLEV...........................................        0.156          4.2          0.6        0.018         0.08
LEV............................................        0.090          4.2          0.3        0.018         0.08
ULEV...........................................        0.055          2.1          0.3        0.011         0.04
----------------------------------------------------------------------------------------------------------------


[[Page 312]]

    (ii) Diesel vehicles. The particulate matter (PM) standards in 
paragraph (b)(1)(i) of this section are applicable to diesel light-duty 
vehicles only. For diesel vehicles certifying to the standards set forth 
in paragraph (b)(1)(i) of this section, ``NMOG'' shall mean non-methane 
hydrocarbons.
    (iii) NMOG standards for flexible-fuel and dual-fuel light-duty 
vehicles. Flexible-fuel and dual-fuel light-duty vehicles shall be 
certified to exhaust emission standards for NMOG established both for 
the operation of the vehicle on an available fuel other than gasoline 
and for the operation of the vehicle on gasoline as specified in Sec. 
86.1771.
    (A) The applicable NMOG emission standards for flexible-fuel and 
dual-fuel light-duty vehicles when certifying the vehicle for operation 
on fuels other than gasoline shall be the NMOG standards in paragraph 
(b)(1)(i) of this section.
    (B) The applicable NMOG emission standards for flexible-fuel and 
dual-fuel light-duty vehicles when certifying the vehicle for operation 
on gasoline shall be the NMOG standards in Tables R99-3 and R99-4 in the 
rows designated with the applicable vehicle emission category, as 
follows:

 Table R99-3--Intermediate Useful Life (50,000 mile) NMOG Standards (g/
  mi) for Flexible-Fuel and Dual-Fuel Light-Duty Vehicles Classified as
                         TLEVs, LEVs, and ULEVs
------------------------------------------------------------------------
                  Vehicle emission category                      NMOG
------------------------------------------------------------------------
TLEV........................................................       0.25
LEV.........................................................       0.125
ULEV........................................................       0.075
------------------------------------------------------------------------


 Table R99-4--Full Useful Life (100,000 mile) NMOG Standards (g/mi) for
  Flexible-Fuel and Dual-Fuel Light-Duty Vehicles Classified as TLEVs,
                             LEVs, and ULEVs
------------------------------------------------------------------------
                  Vehicle emission category                      NMOG
------------------------------------------------------------------------
TLEV........................................................       0.31
LEV.........................................................       0.156
ULEV........................................................       0.090
------------------------------------------------------------------------

    (iv) Highway NOX. The maximum projected NOX 
emissions measured on the federal Highway Fuel Economy Test in 40 CFR 
part 600, subpart B, shall not be greater than 1.33 times the applicable 
light-duty vehicle standards shown in tables R99-1 and R99-2. Both the 
projected emissions and the Highway Fuel Economy Test standard shall be 
rounded to the nearest 0.1 g/mi 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, before 
being compared. These procedures are incorporated by reference (see 
Sec. 86.1).
    (v) Hybrid electric vehicle requirements. Deterioration factors for 
hybrid electric vehicles shall be based on the emissions and mileage 
accumulation of the auxiliary power unit. For certification purposes 
only, Type A hybrid electric vehicles shall demonstrate compliance with 
50,000 mile emission standards (using 50,000 mile deterioration 
factors), and shall not be required to demonstrate compliance with 
100,000 mile emission standards. For certification purposes only, Type B 
hybrid electric vehicles shall demonstrate compliance with 50,000 mile 
emission standards (using 50,000 mile deterioration factors) and 100,000 
mile emission standards (using 75,000 mile deterioration factors). For 
certification purposes only, Type C hybrid electric vehicles shall 
demonstrate compliance with 50,000 mile emission standards (using 50,000 
mile deterioration factors) and 100,000 mile emission standards (using 
100,000 mile deterioration factors).
    (vi) 50 degree F requirements. Light-duty vehicles shall comply with 
the emission standards for NMOG, CO, NOX, and HCHO in 
paragraph (b)(1)(i) of this section at 50 [deg]F, according to the 
procedure specified in Sec. 86.1773. Hybrid electric, natural gas, and 
diesel fueled vehicles are not required to comply with the provisions of 
this paragraph (b)(1)(vi).
    (2) [Reserved]
    (c) In-use emission standards. (1) 1999 model year light-duty 
vehicles certified as LEVs and 1999 through 2002 model year light-duty 
vehicles certified as ULEVs shall meet the applicable intermediate and 
full useful life in-use standards in paragraph (c)(2) of this section, 
according to the following provisions:
    (i) [Reserved]

[[Page 313]]

    (ii) The applicable in-use emission standards for vehicle emission 
categories and model years not shown in Tables R99-5 and R99-6 shall be 
the intermediate and full useful life standards in paragraph (b) of this 
section.
    (2) Light-duty vehicles, including flexible-fuel and dual-fuel 
light-duty vehicles when operated on gasoline and on an available fuel 
other than gasoline, shall meet all intermediate and full useful life 
in-use standards for the applicable vehicle emission category and model 
year in Tables R99-5 and R99-6, as follows:

       Table R99-5--Intermediate Useful Life (50,000 mile) In-Use Standards (g/mi) for Light-Duty Vehicles
----------------------------------------------------------------------------------------------------------------
                     Vehicle emission category                        Model year   NMOG     CO      NOX    HCHO
----------------------------------------------------------------------------------------------------------------
LEV................................................................         1999   0.100     3.4     0.3   0.015
ULEV...............................................................    1999-2002   0.055     2.1     0.3   0.008
----------------------------------------------------------------------------------------------------------------


          Table R99-6--Full Useful Life (100,000 mile) In-Use Standards (g/mi) for Light-Duty Vehicles
----------------------------------------------------------------------------------------------------------------
                     Vehicle emission category                        Model year   NMOG     CO      NOX    HCHO
----------------------------------------------------------------------------------------------------------------
LEV................................................................         1999   0.125     4.2     0.4   0.018
ULEV...............................................................    1999-2002   0.075     3.4     0.4   0.011
----------------------------------------------------------------------------------------------------------------

    (d) NMOG measurement and reactivity adjustment. NMOG emissions shall 
be measured in accordance with Chapter 5 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). NMOG emissions shall be compared to the applicable NMOG 
emissions certification or in-use standard according to the following 
calculation procedures:
    (1) For TLEVs, LEVs, and ULEVs designed to operate on any fuel other 
than conventional gasoline, and for flexible-fuel and dual-fuel TLEVs, 
LEVs, and ULEVs when operated on a fuel other than gasoline as specified 
in Sec. 86.1771, manufacturers shall multiply NMOG exhaust mass 
emission levels by the applicable reactivity adjustment factor set forth 
in Sec. 86.1777, or established by the Administrator pursuant to Sec. 
86.1777. The product of the NMOG exhaust emission levels and the 
reactivity adjustment factor shall be compared to the applicable 
certification or in-use exhaust NMOG mass emission standards established 
for the particular vehicle emission category to determine compliance.
    (2) In addition to multiplying the exhaust NMOG mass emission levels 
by the applicable reactivity adjustment factor, TLEV, LEV, or ULEV 
natural gas vehicles shall multiply the exhaust methane mass emission 
level by the applicable methane reactivity adjustment factor in Sec. 
86.1777 or established by the Administrator pursuant to Sec. 86.1777. 
The reactivity-adjusted NMOG value shall be added to the reactivity-
adjusted methane value and then the sum shall be compared to the 
applicable certification or in-use exhaust NMOG mass emission standards 
established for the particular vehicle emission category to determine 
compliance.
    (3) The exhaust NMOG mass emission levels for fuel-flexible and 
dual-fuel vehicles when operating on gasoline as specified in Sec. 
86.1771 shall not be multiplied by a reactivity adjustment factor.
    (e) SFTP Standards. Exhaust emissions from 2001 and later model year 
light-duty vehicles shall meet the additional SFTP standards in this 
paragraph (e) according to the implementation schedules in this 
paragraph (e). The standards set forth in this paragraph (e) 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.
    (1) Tier 1 vehicles and TLEVs. The SFTP exhaust emission levels from 
new 2001 and subsequent model year light-duty vehicles certified to the 
exhaust emission standards in Sec. 86.099-8(a)(1)(i) and subsequent 
model year provisions and light-duty vehicles certified as TLEVs shall 
not exceed the standards in Table R99-7.1, according to the 
implementation schedule in this paragraph (e)(1).

[[Page 314]]



               Table R99-7.1--SFTP Exhaust Emission Standards (g/mi) for Tier 1 Vehicles and TLEVs
----------------------------------------------------------------------------------------------------------------
                                                                                             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) Phase-in requirements--2001 to 2003 model years. For the 
purposes of this paragraph (e)(1)(i) only, each manufacturer's light-
duty vehicle and light light-duty truck fleet shall be defined as the 
total projected number of the following types of vehicles sold in 
California: light-duty vehicles certified to the exhaust emission 
standards in Sec. 86.099-8(a)(1)(i) and subsequent model year 
provisions, and light light-duty trucks certified to the exhaust 
emission standards in Sec. 86.099-9(a)(1)(i) and subsequent model year 
provisions, and light-duty vehicles and light light-duty trucks 
certified as TLEVs. As an option, a manufacturer may elect to have its 
total light-duty vehicle and light light-duty truck fleet defined, for 
the purposes of this paragraph (e)(1)(i) only, as the total projected 
number of the manufacturer's light-duty vehicles and light light-duty 
trucks, other than zero emission vehicles, certified and sold in 
California.
    (A) Manufacturers of light-duty vehicles and light light-duty 
trucks, except low volume manufacturers, shall certify a minimum 
percentage of their light-duty vehicle and light light-duty truck fleet 
according to the following phase-in schedule:

------------------------------------------------------------------------
                         Model year                           Percentage
------------------------------------------------------------------------
2001.......................................................           25
2002.......................................................           50
2003.......................................................           85
------------------------------------------------------------------------

    (B) [Reserved]
    (ii) Phase-in requirements--2004 and later model years. For the 
purposes of this paragraph (e)(1)(ii) only, each manufacturer's light-
duty vehicle and light light-duty truck fleet shall be defined as the 
total projected number of the following types of vehicles sold in the 
United States: light-duty vehicles certified to the exhaust emission 
standards in Sec. 86.099-8(a)(1)(i) and subsequent model year 
provisions, and light light-duty trucks certified to the exhaust 
emission standards in Sec. 86.099-9(a)(1)(i) and subsequent model year 
provisions, and light-duty vehicles and light light-duty trucks 
certified as TLEVs. As an option, a manufacturer may elect to have its 
total light-duty vehicle and light light-duty truck fleet defined, for 
the purposes of this paragraph (e)(1)(ii) only, as the total projected 
number of the manufacturer's light-duty vehicles and light light-duty 
trucks, other than zero emission vehicles, certified and sold in the 
United States.
    (A) In 2004 and subsequent model years, manufacturers of light-duty 
vehicles and light light-duty trucks, including low volume 
manufacturers, shall certify 100 percent of their light-duty vehicle and 
light light-duty truck fleet to the standards in this paragraph (e)(l).
    (B) [Reserved]
    (iii) Phase-in requirements--vehicles sold outside California. 
Light-duty vehicles and light light-duty trucks sold outside California 
shall be certified to the applicable emission standards in this 
paragraph (e) if a vehicle has been certifed to the emission standards 
in this paragraph (e) for sale in California and is identical in the 
following respects:
    (A) Vehicle manufacturer;
    (B) Vehicle make and model;
    (C) Cylinder block configuration (L-6, V-8, and so forth);
    (D) Displacement;
    (E) Combustion cycle;
    (F) Transmission class; and
    (G) Axle ratio.
    (2) LEVs and ULEVs. The SFTP standards in this paragraph (e)(2) 
represent the maximum SFTP exhaust emissions at 4,000 miles 250 miles or at

[[Page 315]]

the mileage determined by the manufacturer for emission data vehicles in 
accordance with Sec. 86.1726. The SFTP exhaust emission levels from new 
2001 and subsequent model year light-duty vehicle LEVs and ULEVs shall 
not exceed the standards in the following table, according to the 
implementation schedule in this paragraph (e)(2)(i).

Table R99-7.2--SFTP Exhaust Emission Standards (g/mi) for LEVs and ULEVs
------------------------------------------------------------------------
              US06 Test                            A/C Test
------------------------------------------------------------------------
    NMHC + NOX             CO            NMHC + NOX             CO
------------------------------------------------------------------------
        0.14                8.0               0.20               2.7
------------------------------------------------------------------------

    (i) Phase-in requirements--2001 to 2003 model years. For the 
purposes of this paragraph (e)(2)(i) only, each manufacturer's light-
duty vehicle and light light-duty truck fleet shall be defined as the 
total projected number of light-duty vehicles and light light-duty 
trucks certified as LEVs and ULEVs sold in California.
    (A) Manufacturers of light-duty vehicles and light light-duty 
trucks, except low volume manufacturers, shall certify to the standards 
in this paragraph (e)(2) a minimum percentage of their light-duty 
vehicle and light light-duty truck fleet according to the following 
phase-in schedule:

------------------------------------------------------------------------
                         Model year                           Percentage
------------------------------------------------------------------------
2001.......................................................           25
2002.......................................................           50
2003.......................................................           85
------------------------------------------------------------------------

    (B) Manufacturers may use an ``Alternative or Equivalent Phase-in 
Schedule'' to comply with the phase-in requirements. An ``Alternative 
Phase-in'' is one that achieves at least equivalent emission reductions 
by the end of the last model year of the scheduled phase-in. Model-year 
emission reductions shall be calculated by multiplying the percent of 
vehicles (based on the manufacturer's projected California sales volume 
of the applicable vehicle fleet) meeting the new requirements per model 
year by the number of model years implemented prior to and including the 
last model year of the scheduled phase-in. The ``cumulative total'' is 
the summation of the model-year emission reductions (e.g., a four model-
year 25/50/85/100 percent phase-in schedule would be calculated as: 
(25%* 4 years) + (50%* 3 years) + (85%* 2 years) + (100%* 1 year) + 
520). Any alternative phase-in that results in an equal or larger 
cumulative total than the required cumulative total by the end of the 
last model year of the scheduled phase-in shall be considered acceptable 
by the Administrator under the following conditions: All vehicles 
subject to the phase-in shall comply with the respective requirements in 
the last model year of the required phase-in schedule; and if a 
manufacturer uses the optional phase-in percentage determination in 
paragraph (e)(1)(i) of this section, the cumulative total of model-year 
emission reductions as determined only for light-duty vehicles and light 
light-duty trucks certified to this paragraph (e)(2) must also be equal 
to or larger than the required cumulative total by end of the 2004 model 
year. Manufacturers shall be allowed to include vehicles introduced 
before the first model year of the scheduled phase-in (e.g., in the 
previous example, 10 percent introduced one year before the scheduled 
phase-in begins would be calculated as: (10%* 5 years) and added to the 
cumulative total).
    (ii) Phase-in requirements--2004 and later model years. For the 
purposes of this paragraph (e)(2)(ii) only, each manufacturer's light-
duty vehicle and light light-duty truck fleet shall be defined as the 
total projected number of light-duty vehicles and light light-duty 
trucks certified as LEVs and ULEVs sold in the United States.
    (A) In 2004 and subsequent model years, manufacturers of light-duty 
vehicles and light light-duty trucks, including low volume 
manufacturers, shall certify 100 percent of their light-duty vehicle and 
light light-duty truck fleet to the standards in this paragraph (e)(2).
    (iii) Phase-in requirements--vehicles sold outside California. 
Light-duty vehicles and light light-duty trucks sold outside California 
shall be certified to the applicable emission standards in this 
paragraph (e) if a vehicle has been certifed to the emission standards 
in this paragraph (e) for sale in California and is identical in the 
following respects:

[[Page 316]]

    (A) Vehicle manufacturer;
    (B) Vehicle make and model;
    (C) Cylinder block configuration (L-6, V-8, and so forth);
    (D) Displacement;
    (E) Combustion cycle;
    (F) Transmission class; and
    (G) Axle ratio.
    (3) A/C-on specific calibrations. A/C-on specific calibrations (e.g. 
air to fuel ratio, spark timing, and exhaust gas recirculation), may be 
used which differ from A/C-off calibrations for given engine operating 
conditions (e.g., engine speed, manifold pressure, coolant temperature, 
air charge temperature, and any other parameters). Such calibrations 
must not unnecessarily reduce the NMHC+NOX emission control 
effectiveness during A/C-on operation when the vehicle is operated under 
conditions which may reasonably be expected to be encountered during 
normal operation and use. If reductions in control system 
NMHC+NOX effectiveness do occur as a result of such 
calibrations, the manufacturer shall, in the Application for 
Certification, specify the circumstances under which such reductions do 
occur, and the reason for the use of such calibrations resulting in such 
reductions in control system effectiveness. A/C-on specific ``open-
loop'' or ``commanded enrichment'' air-fuel enrichment strategies (as 
defined below), which differ from A/C-off ``open-loop'' or ``commanded 
enrichment'' air-fuel enrichment strategies, may not be used, with the 
following exceptions: Cold-start and warm-up conditions, or, subject to 
Administrator approval, conditions requiring the protection of the 
vehicle, occupants, engine, or emission control hardware. Other than 
these exceptions, such strategies which are invoked based on manifold 
pressure, engine speed, throttle position, or other engine parameters 
shall use the same engine parameter criteria for the invoking of this 
air-fuel enrichment strategy and the same degree of enrichment 
regardless of whether the A/C is on or off. ``Open-loop'' or 
``commanded'' air-fuel enrichment strategy is defined as enrichment of 
the air to fuel ratio beyond stoichiometry for the purposes of 
increasing engine power output and the protection of engine or emissions 
control hardware. However, ``closed-loop biasing,'' defined as small 
changes in the air-fuel ratio for the purposes of optimizing vehicle 
emissions or driveability, shall not be considered an ``open-loop'' or 
``commanded'' air-fuel enrichment strategy. In addition, ``transient'' 
air-fuel enrichment strategy (or ``tip-in'' and ``tip-out'' enrichment), 
defined as the temporary use of an air-fuel ratio rich of stoichiometry 
at the beginning or duration of rapid throttle motion, shall not be 
considered an ``open-loop'' or ``commanded'' air-fuel enrichment 
strategy.
    (4) ``Lean-on-cruise'' calibration strategies. (i) In the 
Application for Certification, the manufacturer shall state whether any 
``lean-on-cruise'' strategies are incorporated into the vehicle design. 
A ``lean-on-cruise'' air-fuel calibration strategy is defined as the use 
of an air-fuel ratio significantly greater than stoichiometry, during 
non-deceleration conditions at speeds above 40 mph. ``Lean-on-cruise'' 
air-fuel calibration strategies shall not be employed during vehicle 
operation in normal driving conditions, including A/C usage, unless at 
least one of the following conditions is met:
    (A) Such strategies are substantially employed during the FTP or 
SFTP;
    (B) Such strategies are demonstrated not to significantly reduce 
vehicle NMHC+NOX emission control effectiveness over the 
operating conditions in which they are employed;
    (C) Such strategies are demonstrated to be necessary to protect the 
vehicle occupants, engine, or emission control hardware.
    (ii) If the manufacturer proposes to use a ``lean-on-cruise'' 
calibration strategy, the manufacturer shall specify the circumstances 
under which such a calibration would be used, and the reason or reasons 
for the proposed use of such a calibration.
    (iii) The provisions of this paragraph (e)(4) shall not apply to 
vehicles powered by ``lean-burn'' engines or diesel-cycle engines. A 
``lean-burn'' engine is defined as an Otto-cycle engine designed to run 
at an air-fuel ratio significantly greater than stoichiometry during the 
large majority of its operation.

[[Page 317]]

    (5) Applicability to alternative fuel vehicles. These SFTP standards 
do not apply to vehicles certified on fuels other than gasoline and 
diesel fuel, but the standards do apply to the gasoline and diesel fuel 
operation of flexible-fuel vehicles and dual-fuel vehicles.
    (6) Single-roll electric dynamometer requirement. For all vehicles 
certified to the SFTP standards, a single-roll electric dynamometer or a 
dynamometer which produces equivalent results, as set forth in Sec. 
86.108, must be used for all types of emission testing to determine 
compliance with the associated emission standards.

[62 FR 31242, June 6, 1997. Redesignated and amended at 63 FR 976, Jan. 
7, 1998; 70 FR 40442, July 13, 2005]



Sec. 86.1709-99  Exhaust emission standards for 1999 and later light light-

duty trucks.

    (a) Light light-duty trucks certified under the provisions of this 
subpart shall comply with the applicable exhaust emission standards in 
this section. In addition to the exhaust emission standards in this 
section, light light-duty trucks certified under the provisions of this 
subpart shall comply with all applicable emission standards and 
requirements in Sec. 86.097-9 and subsequent model year provisions.
    (1) Light light-duty trucks that meet the exhaust emission standards 
in this section are deemed to be in compliance with all the exhaust 
emission standards in Sec. 86.097-9(a)(1)(i) and subsequent model year 
provisions, except for the emission standards and test procedures for 
total hydrocarbon (THC), particulate matter (PM), and high altitude 
conditions. Diesel light light-duty trucks that meet the PM standard in 
this section are deemed to be in compliance with the PM standards in 
Sec. 86.097-9 and subsequent model year provisions.
    (2) [Reserved]
    (b)(1) Standards. (i) Exhaust emissions from 1999 and later model 
year light light-duty trucks classified as TLEVs, LEVs, and ULEVs shall 
not exceed the standards in Tables R99-8 and R99-9 in rows designated 
with the applicable vehicle emission category and loaded vehicle weight. 
These standards shall apply equally to certification and in-use 
vehicles, except as provided in paragraph (c) of this section. The 
tables follow:

 Table R99-8--Intermediate Useful Life (50,000 mile) Standards (g/mi) for Light Light-Duty Trucks Classified as
                                             TLEVs, LEVs, and ULEVs
----------------------------------------------------------------------------------------------------------------
                                         Vehicle emission
        Loaded vehicle weight                category             NMOG          CO          NOX          HCHO
----------------------------------------------------------------------------------------------------------------
3751................................  TLEV..................        0.125          3.4          0.4        0.015
                                      LEV...................        0.075          3.4          0.2        0.015
                                      ULEV..................        0.040          1.7          0.2        0.008
3751-5750...........................  TLEV..................        0.160          4.4          0.7        0.018
                                      LEV...................        0.100          4.4          0.4        0.018
                                      ULEV..................        0.050          2.2          0.4        0.009
----------------------------------------------------------------------------------------------------------------


 Table R99-9--Full Useful Life (100,000 mile) Standards (g/mi) for Light Light-Duty Trucks Classified as TLEVs,
                                                 LEVs, and ULEVs
----------------------------------------------------------------------------------------------------------------
                                                                                                           PM
       Loaded vehicle weight           Vehicle emission       NMOG        CO        NOX        HCHO     (diesels
                                           category                                                      only)
----------------------------------------------------------------------------------------------------------------
0-3750............................  TLEV.................      0.156        4.2        0.6      0.018       0.08
                                    LEV..................      0.090        4.2        0.3      0.018       0.08
                                    ULEV.................      0.055        2.1        0.3      0.011       0.04
3751-5750.........................  TLEV.................      0.200        5.5        0.9      0.023       0.10
                                    LEV..................      0.130        5.5        0.5      0.023       0.10
                                    ULEV.................      0.070        2.8        0.5      0.013       0.05
----------------------------------------------------------------------------------------------------------------

    (ii) Diesel vehicles. The particulate matter (PM) standards in 
paragraph (b)(1)(i) of this section are applicable to diesel vehicles 
only. For diesel vehicles certifying to the standards set forth in 
paragraph (b)(1)(i) of this section,

[[Page 318]]

``NMOG'' shall mean non-methane hydrocarbons.
    (iii) NMOG standards for flexible-fuel and dual-fuel light duty 
trucks. Flexible-fuel and dual-fuel light light-duty trucks shall be 
certified to exhaust emission standards for NMOG established both for 
the operation of the vehicle on an available fuel other than gasoline 
and for the operation of the vehicle on gasoline as specified in Sec. 
86.1771.
    (A) The applicable NMOG emission standards for flexible-fuel and 
dual-fuel light light-duty trucks when certifying the vehicle for 
operation on fuels other than gasoline shall be the NMOG standards in 
paragraph (b)(1)(i) of this section.
    (B) The applicable NMOG emission standards for flexible-fuel and 
dual-fuel light light-duty trucks when certifying the vehicle for 
operation on gasoline shall be the NMOG standards in Tables R99-10 and 
R99-11 in the rows designated with the applicable vehicle emission 
category and loaded vehicle weight, as follows:

 Table R99-10--Intermediate Useful Life (50,000 mile) NMOG Standards (g/
 mi) for Flexible-Fuel and Dual-Fuel Light Light-Duty Trucks Classified
                        as TLEVs, LEVs, and ULEVs
------------------------------------------------------------------------
  Loaded
  vehicle                 Vehicle emission category                NMOG
  weight
------------------------------------------------------------------------
    0-3750  TLEV................................................   0.25
            LEV.................................................   0.125
            ULEV................................................   0.075
 3751-5750  TLEV................................................   0.32
            LEV.................................................   0.160
            ULEV................................................   0.100
------------------------------------------------------------------------


 Table R99-11--Full Useful Life (100,000 mile) NMOG Standards (g/mi) for
Flexible-Fuel and Dual-Fuel Light Light-Duty Trucks Classified as TLEVs,
                             LEVs, and ULEVs
------------------------------------------------------------------------
  Loaded
  vehicle                 Vehicle emission category                NMOG
  weight
------------------------------------------------------------------------
    0-3750  TLEV................................................   0.31
            LEV.................................................   0.156
            ULEV................................................   0.090
 3751-5750  TLEV................................................   0.40
            LEV.................................................   0.200
            ULEV................................................   0.130
------------------------------------------------------------------------

    (iv) Highway NOX. The maximum projected NOX 
emissions measured on the federal Highway Fuel Economy Test in 40 CFR 
part 600, subpart B, shall be not greater than 1.33 times the applicable 
light light-duty truck standards shown in tables R99-8 and R99-9. Both 
the projected emissions and the Highway Fuel Economy Test standard shall 
be rounded to the nearest 0.1 g/mi 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, before 
being compared. These procedures are incorporated by reference (see 
Sec. 86.1).
    (v) Hybrid electric vehicle requirements. Deterioration factors for 
hybrid electric vehicles shall be based on the emissions and mileage 
accumulation of the auxiliary power unit. For certification purposes 
only, Type A hybrid electric vehicles shall demonstrate compliance with 
50,000 mile emission standards (using 50,000 mile deterioration 
factors), and shall not be required to demonstrate compliance with 
100,000 mile emission standards. For certification purposes only, Type B 
hybrid electric vehicles shall demonstrate compliance with 50,000 mile 
emission standards (using 50,000 mile deterioration factors) and 100,000 
mile emission standards (using 75,000 mile deterioration factors). For 
certification purposes only, Type C hybrid electric vehicles shall 
demonstrate compliance with 50,000 mile emission standards (using 50,000 
mile deterioration factors) and 100,000 mile emission standards (using 
100,000 mile deterioration factors).
    (vi) 50 degree F requirements. Light light-duty trucks shall comply 
with the emission standards for NMOG, CO, NOX, and HCHO in 
paragraph (b)(1)(i) of this section at 50 degrees F, according to the 
procedure specified in Sec. 86.1773. Hybrid electric vehicles, natural 
gas vehicles, and diesel fueled vehicles are not required to comply with 
the provisions of this paragraph (b)(1)(vi).
    (2) [Reserved]
    (c) In-use emission standards. (1) 1999 model year light light-duty 
trucks certified as LEVs and 1999 through 2002 model year light light-
duty trucks certified as ULEVs shall meet the applicable intermediate 
and full useful life in-use standards in paragraph (c)(2) of this 
section, according to the following provisions:

[[Page 319]]

    (i) [Reserved]
    (ii) The applicable in-use emission standards for vehicle emission 
categories and model years not shown in Tables R99-12 and R99-13 shall 
be the intermediate and full useful life standards in paragraph (b) of 
this section.
    (2) Light light-duty trucks, including flexible-fuel and dual-fuel 
light light-duty trucks when operated on gasoline and on an available 
fuel other than gasoline, shall meet all intermediate and full useful 
life in-use standards for the applicable vehicle emission category, 
loaded vehicle weight, and model year in Tables R99-12 and R99-13, as 
follows:

    Table R99-12--Intermediate Useful Life (50,000 mile) In-Use Standards (g/mi) for Light Light-Duty Trucks
----------------------------------------------------------------------------------------------------------------
  Loaded
  vehicle           Vehicle emission category         Model year     NMOG         CO          NOX        HCH0
  weight
----------------------------------------------------------------------------------------------------------------
    0-3750  LEV.....................................        1999       0.100         3.4         0.3       0.015
            ULEV....................................   1999-2002       0.055         2.1         0.3       0.008
 3751-5750  LEV.....................................        1999       0.130         4.4         0.5       0.018
            ULEV....................................   1999-2002       0.070         2.8         0.5       0.009
----------------------------------------------------------------------------------------------------------------


        Table R99-13--Full Useful Life (100,000 mile) In-Use Standards (g/mi) for Light Light-Duty Trucks
----------------------------------------------------------------------------------------------------------------
  Loaded
  vehicle           Vehicle emission category         Model year     NMOG         CO          NOX        HCHO
  weight
----------------------------------------------------------------------------------------------------------------
    0-3750  LEV.....................................        1999       0.125         4.2         0.4       0.018
            ULEV....................................   1999-2002       0.075         3.4         0.4       0.011
 3751-5750  LEV.....................................        1999       0.160         5.5         0.7       0.023
            ULEV....................................   1999-2002       0.100         4.4         0.7       0.013
----------------------------------------------------------------------------------------------------------------

    (d) NMOG measurement and reactivity adjustment. NMOG emissions shall 
be measured in accordance with Chapter 5 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). NMOG emissions shall be compared to the applicable NMOG 
emissions certification or in-use standard according to the following 
calculation procedures:
    (1) For TLEVs, LEVs, and ULEVs designed to operate on any fuel other 
than conventional gasoline, and for flexible-fuel and dual-fuel TLEVs, 
LEVs, and ULEVs when operated on a fuel other than gasoline as specified 
in Sec. 86.1771, manufacturers shall multiply NMOG mass exhaust 
emission levels by the applicable reactivity adjustment factor set forth 
in Sec. 86.1777 or established by the Administrator pursuant to Sec. 
86.1777. The product of the NMOG exhaust emission levels and the 
reactivity adjustment factor shall be compared to the applicable 
certification or in-use exhaust NMOG mass emission standards established 
for the particular vehicle emission category to determine compliance.
    (2) In addition to multiplying the exhaust NMOG mass emission levels 
by the applicable reactivity adjustment factor, TLEV, LEV, or ULEV 
natural gas vehicles shall multiply the exhaust methane mass emission 
level by the applicable methane reactivity adjustment factor in Sec. 
86.1777 or established by the Administrator pursuant to Sec. 86.1777. 
The reactivity-adjusted NMOG value shall be added to the reactivity-
adjusted methane value and then the sum shall be compared to the 
applicable certification or in-use exhaust NMOG mass emission standards 
established for the particular vehicle emission category to determine 
compliance.
    (3) The exhaust NMOG mass emission levels for fuel-flexible and 
dual-fuel vehicles when operating on gasoline as specified in Sec. 
86.1771 shall not be multiplied by a reactivity adjustment factor.
    (e) SFTP Standards. Exhaust emissions from 2001 and later model year 
light light-duty trucks shall meet the additional SFTP standards in this 
paragraph (e) according to the implementation schedules in this 
paragraph

[[Page 320]]

(e). The standards set forth in this paragraph (e) 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.
    (1) Tier 1 vehicles and TLEVs. The SFTP exhaust emission levels from 
new 2001 and subsequent model year light light-duty trucks certified to 
the exhaust emission standards in Sec. 86.099-9(a)(1)(i) and subsequent 
model year provisions and light light-duty trucks certified as TLEVs 
shall not exceed the standards in Table R99-14.1, according to the 
implementation schedule in this paragraph (e)(1).

              Table R99-14.1--SFTP Exhaust Emission Standards (g/mi) for Tier 1 Vehicles and TLEVs
----------------------------------------------------------------------------------------------------------------
                                                                                             CO
                                                               NMHC + NOX --------------------------------------
         Useful life               Fuel type      LVW (lbs)    composite                              Composite
                                                                             A/C test    US06 test      option
----------------------------------------------------------------------------------------------------------------
Intermediate.................  Gasoline........       0-3750         0.65          3.0          9.0          3.4
                               ................    3751-5750         1.02          3.9         11.6          4.4
                               Diesel..........       0-3750         1.48           NA          9.0          3.4
                               ................    3751-5750           NA           NA           NA           NA
Full.........................  Gasoline........       0-3750         0.91          3.7         11.1          4.2
                               ................    3751-5750         1.37          4.9         14.6          5.5
                               Diesel..........       0-3750         2.07           NA         11.1          4.2
                               ................    3751-5750           NA           NA           NA           NA
----------------------------------------------------------------------------------------------------------------

    (i) Phase-in requirements--2001 to 2003 model years. For the 
purposes of paragraph (e)(1)(i) of this section only, each 
manufacturer's light-duty vehicle and light light-duty truck fleet shall 
be defined as the total projected number of the following types of 
vehicles sold in Calfornia: light-duty vehicles certified to the exhaust 
emission standards in Sec. 86.099-8(a)(1)(i) and subsequent model year 
provisions, and light light-duty trucks certified to the exhaust 
emission standards in Sec. 86.099-9(a)(1)(i) and subsequent model year 
provisions, and light-duty vehicles and light light-duty trucks 
certified as TLEVs. As an option, a manufacturer may elect to have its 
total light-duty vehicle and light light-duty truck fleet defined, for 
the purposes of this paragraph (e)(1)(i) only, as the total projected 
number of the manufacturer's light-duty vehicles and light light-duty 
trucks, other than zero emission vehicles, certified and sold in 
California.
    (A) Manufacturers of light-duty vehicles and light light-duty 
trucks, except low volume manufacturers, shall certify a minimum 
percentage of their light-duty vehicle and light light-duty truck fleet 
according to the following phase-in schedule:

------------------------------------------------------------------------
                       Model year                           Percentage
------------------------------------------------------------------------
2001....................................................              25
2002....................................................              50
2003....................................................              85
------------------------------------------------------------------------

    (B) [Reserved]
    (ii) Phase-in requirements--2004 and later model years. For the 
purposes of paragraph (e)(1)(ii) of this section only, each 
manufacturer's light-duty vehicle and light light-duty truck fleet shall 
be defined as the total projected number of the following types of 
vehicles sold in the United States: light-duty vehicles certified to the 
exhaust emission standards in Sec. 86.099-8(a)(1)(i) and subsequent 
model year provisions, light light-duty trucks certified to the exhaust 
emission standards in Sec. 86.099-9(a)(1)(i) and subsequent model year 
provisions, and light-duty vehicles and light light-duty trucks 
certified as TLEVs. As an option, a manufacturer may elect to have its 
total light-duty vehicle and light light-duty truck fleet defined, for 
the purposes of this paragraph (e)(1)(ii) only, as the total projected 
number of the manufacturer's light-duty vehicles and light light-duty 
trucks, other than zero emission vehicles, certified and sold in the 
United States.
    (A) In 2004 and subsequent model years, manufacturers of light-duty 
vehicles and light light-duty trucks, including low volume 
manufacturers,

[[Page 321]]

shall certify 100 percent of their light-duty vehicle and light light-
duty truck

fleet to the standards in this paragraph (e)(1).
    (B) [Reserved]
    (iii) Phase-in requirements--vehicles sold outside California. 
Light-duty vehicles and light light-duty trucks sold outside California 
shall be certified to the applicable emission standards in this 
paragraph (e) if a vehicle has been certifed to the emission standards 
in this paragraph (e) for sale in California and is identical in the 
following respects:
    (A) Vehicle manufacturer;
    (B) Vehicle make and model;
    (C) Cylinder block configuration (L-6, V-8, and so forth);
    (D) Displacement;
    (E) Combustion cycle;
    (F) Transmission class; and
    (G) Axle ratio.
    (2) LEVs and ULEVs. The SFTP standards in this paragraph (e)(2) 
represent the maximum SFTP exhaust emissions at 4,000 miles =/-250 miles 
or at the mileage determined by the manufacturer for emission data 
vehicles in accordance with Sec. 86.1726. The SFTP exhaust emission 
levels from new 2001 and subsequent model year light light-duty truck 
LEVs and ULEVs shall not exceed the standards in the following table, 
according to the implementation schedule in this paragraph (e)(2).

                    Table R99-14.2--SFTP Exhaust Emission Standards (g/mi) for LEVs and ULEVs
----------------------------------------------------------------------------------------------------------------
                                                                         US06 Test               A/C Test
----------------------------------------------------------------------------------------------------------------
                   Loaded vehicle weight (lbs)                    MNHC + NOX      CO      NMHC + NOX      CO
----------------------------------------------------------------------------------------------------------------
0-3750..........................................................        0.14         8.0        0.20         2.7
3751-5750.......................................................        0.25        10.5        0.27         3.5
----------------------------------------------------------------------------------------------------------------

    (i) Phase-in requirements--2001 to 2003 model years. For the 
purposes of this paragraph (e)(2)(i) only, each manufacturer's light-
duty vehicle and light light-duty truck fleet shall be defined as the 
total projected number of light-duty vehicles and light light-duty 
trucks certified as LEVs and ULEVs sold in California.
    (A) Manufacturers of light-duty vehicles and light light-duty 
trucks, except low volume manufacturers, shall certify to the standards 
in this paragraph (e)(2) a minimum percentage of their light-duty 
vehicle and light light-duty truck fleet according to the following 
phase-in schedule:

------------------------------------------------------------------------
                         Model year                           Percentage
------------------------------------------------------------------------
2001.......................................................           25
2002.......................................................           50
2003.......................................................           85
------------------------------------------------------------------------

    (B) Manufacturers may use an ``Alternative or Equivalent Phase-in 
Schedule'' to comply with the phase-in requirements. An ``Alternative 
Phase-in'' is one that achieves at least equivalent emission reductions 
by the end of the last model year of the scheduled phase-in. Model-year 
emission reductions shall be calculated by multiplying the percent of 
vehicles (based on the manufacturer's projected California sales volume 
of the applicable vehicle fleet) meeting the new requirements per model 
year by the number of model years implemented prior to and including the 
last model year of the scheduled phase-in. The ``cumulative total'' is 
the summation of the model-year emission reductions (e.g., a four model-
year 25/50/85/100 percent phase-in schedule would be calculated as: 
(25%*4 years)+(50%*3 years)+(85%*2 years)+(100%*1 year) + 520). Any 
alternative phase-in that results in an equal or larger cumulative total 
than the required cumulative total by the end of the last model year of 
the scheduled phase-in shall be considered acceptable by the 
Administrator under the following conditions: All vehicles subject to 
the phase-in shall comply with the respective requirements in the last 
model year of the required phase-in schedule; and if a manufacturer uses 
the optional phase-in percentage determination in paragraph (e)(1)(i) of 
this section, the cumulative total of model-

[[Page 322]]

year emission reductions as determined only for light-duty vehicles and 
light light-duty trucks certified to this paragraph (e)(2) must also be 
equal to or larger than the required cumulative total by the end of the 
2004 model year. Manufacturers shall be allowed to include vehicles 
introduced before the first model year of the scheduled phase-in (e.g., 
in the previous example, 10 percent introduced one year before the 
scheduled phase-in begins would be calculated as: (10%*5 years) and 
added to the cumulative total).
    (ii) Phase-in requirements--2004 and later model years. For the 
purposes of this paragraph (e)(2)(ii) only, each manufacturer's light-
duty vehicle and light light-duty truck fleet shall be defined as the 
total projected number of light-duty vehicles and light light-duty 
trucks certified as LEVs and ULEVs sold in the United States.
    (A) In 2004 and subsequent model years, manufacturers of light-duty 
vehicles and light light-duty trucks, including low volume 
manufacturers, shall certify 100 percent of their light-duty vehicle and 
light light-duty truck fleet to the standards in this paragraph (e)(2).
    (B) [Reserved]
    (iii) Phase-in requirements--vehicles sold outside California. 
Light-duty vehicles and light light-duty trucks sold outside California 
shall be certified to the applicable emission standards in this 
paragraph (e) if a vehicle has been certifed to the emission standards 
in this paragraph (e) for sale in California and is identical in the 
following respects:
    (A) Vehicle manufacturer;
    (B) Vehicle make and model;
    (C) Cylinder block configuration (L-6, V-8, and so forth);
    (D) Displacement;
    (E) Combustion cycle;
    (F) Transmission class; and
    (G) Axle ratio.
    (3) A/C-on specific calibrations. A/C-on specific calibrations 
(e.g., air to fuel ratio, spark timing, and exhaust gas recirculation), 
may be used which differ from A/C-off calibrations for given engine 
operating conditions (e.g., engine speed, manifold pressure, coolant 
temperature, air charge temperature, and any other parameters). Such 
calibrations must not unnecessarily reduce the NMHC+NOX 
emission control effectiveness during A/C-on operation when the vehicle 
is operated under conditions which may reasonably be expected to be 
encountered during normal operation and use. If reductions in control 
system NMHC+NOX effectiveness do occur as a result of such 
calibrations, the manufacturer shall, in the Application for 
Certification, specify the circumstances under which such reductions do 
occur, and the reason for the use of such calibrations resulting in such 
reductions in control system effectiveness. A/C-on specific ``open-
loop'' or ``commanded enrichment'' air-fuel enrichment strategies (as 
defined below), which differ from A/C-off ``open-loop'' or ``commanded 
enrichment'' air-fuel enrichment strategies, may not be used, with the 
following exceptions: Cold-start and warm-up conditions, or, subject to 
Administrator approval, conditions requiring the protection of the 
vehicle, occupants, engine, or emission control hardware. Other than 
these exceptions, such strategies which are invoked based on manifold 
pressure, engine speed, throttle position, or other engine parameters 
shall use the same engine parameter criteria for the invoking of this 
air-fuel enrichment strategy and the same degree of enrichment 
regardless of whether the A/C is on or off. ``Open-loop'' or 
``commanded'' air-fuel enrichment strategy is defined as enrichment of 
the air to fuel ratio beyond stoichiometry for the purposes of 
increasing engine power output and the protection of engine or emissions 
control hardware. However, ``closed-loop biasing,'' defined as small 
changes in the air-fuel ratio for the purposes of optimizing vehicle 
emissions or driveability, shall not be considered an ``open-loop'' or 
``commanded'' air-fuel enrichment strategy. In addition, ``transient'' 
air-fuel enrichment strategy (or ``tip-in'' and ``tip-out'' enrichment), 
defined as the temporary use of an air-fuel ratio rich of stoichiometry 
at the beginning or duration of rapid throttle motion, shall not be 
considered an ``open-loop'' or ``commanded'' air-fuel enrichment 
strategy.

[[Page 323]]

    (4) ``Lean-on-cruise'' calibration strategies. (i) In the 
Application for Certification, the manufacturer shall state whether any 
``lean-on-cruise'' strategies are incorporated into the vehicle design. 
A ``lean-on-cruise'' air-fuel calibration strategy is defined as the use 
of an air-fuel ratio significantly greater than stoichiometry, during 
non-deceleration conditions at speeds above 40 mph. ``Lean-on-cruise'' 
air-fuel calibration strategies shall not be employed during vehicle 
operation in normal driving conditions, including A/C usage, unless at 
least one of the following conditions is met:
    (A) Such strategies are substantially employed during the FTP or 
SFTP;
    (B) Such strategies are demonstrated not to significantly reduce 
vehicle NMHC+NOX emission control effectiveness over the 
operating conditions in which they are employed;
    (C) Such strategies are demonstrated to be necessary to protect the 
vehicle occupants, engine, or emission control hardware.
    (ii) If the manufacturer proposes to use a ``lean-on-cruise'' 
calibration strategy, the manufacturer shall specify the circumstances 
under which such a calibration would be used, and the reason or reasons 
for the proposed use of such a calibration.
    (iii) The provisions of this paragraph (e)(4) shall not apply to 
vehicles powered by ``lean-burn'' engines or diesel-cycle engines. A 
``lean-burn'' engine is defined as an Otto-cycle engine designed to run 
at an air-fuel ratio significantly greater than stoichiometry during the 
large majority of its operation.
    (5) Applicability to alternative fuel vehicles. These SFTP standards 
do not apply to vehicles certified on fuels other than gasoline and 
diesel fuel, but the standards do apply to the gasoline and diesel fuel 
operation of flexible-fuel vehicles and dual-fuel vehicles.
    (6) Single-roll electric dynamometer requirement. For all vehicles 
certified to the SFTP standards, a single-roll electric dynamometer or a 
dynamometer which produces equivalent results, as set forth in Sec. 
86.108, must be used for all types of emission testing to determine 
compliance with the associated emission standards.

[62 FR 31242, June 6, 1997. Redesignated and amended at 63 FR 979, Jan. 
7, 1998; 70 FR 40442, July 13, 2005]



Sec. 86.1710-99  Fleet average non-methane organic gas exhaust emission 

standards for light-duty vehicles and light light-duty trucks.

    (a) Fleet average NMOG standards and compliance. (1) Each 
manufacturer shall certify light-duty vehicles or light light-duty 
trucks to meet the exhaust emission standards in this subpart for TLEVs, 
LEVs, ULEVs, or ZEVs, or the exhaust emission standards of Sec. 86.096-
8(a)(1)(i) and subsequent model year provisions or Sec. 86.097-
9(a)(1)(i) and subsequent model year provisions, such that, using the 
applicable intermediate useful life standards, the manufacturer's fleet 
average NMOG values for light-duty vehicles and light light-duty trucks 
sold in the applicable region according to the specifications of Tables 
R99-15 and R99-16 are less than or equal to the standards in Tables R99-
15 and R99-16 in the rows designated with the applicable vehicle type, 
loaded vehicle weight, and model year, as follows:

Table R99-15--Fleet Average Non-Methane Organic Gas Standards (g/mi) for
  Light-Duty Vehicles and Light Light-Duty Trucks Sold in the Northeast
                             Trading Region
------------------------------------------------------------------------
                                                                  Fleet
         Vehicle type           Loaded vehicle    Model year     average
                                    weight                        NMOG
------------------------------------------------------------------------
Light light-duty vehicles.....  All...........  1999..........     0.148
                                                2000..........     0.095
and
Light light-duty trucks.......  0-3750........
Light light-duty trucks.......  3751-5750.....  1999..........     0.190
                                                2000..........     0.124
------------------------------------------------------------------------


[[Page 324]]


Table R99-16--Fleet Average Non-Methane Organic Gas Standards (g/mi) for
 Light-Duty Vehicles and Light Light-Duty Trucks Sold in the All States
                             Trading Region
------------------------------------------------------------------------
                                                                  Fleet
         Vehicle type           Loaded vehicle    Model year     average
                                    weight                        NMOG
------------------------------------------------------------------------
Light-duty vehicles...........  All...........  2001 and later     0.075
and
Light light-duty trucks.......  0-3750........
Light light-duty trucks.......  3751-5750.....  2001 and later     0.100
------------------------------------------------------------------------

    (2)(i) For the purpose of calculating the HEV contribution factor 
for the fleet average NMOG value, a manufacturer may use adjusted values 
to estimate the contributions of hybrid electric vehicles (or ``HEVs'') 
based on the range of the HEV without the use of the engine. See Sec. 
86.1702 for definitions of HEV types for purposes of calculating 
adjusted NMOG emissions.
    (ii) For the purpose of calculating fleet average NMOG values, 
vehicles that have no tailpipe emissions but use fuel-fired heaters and 
that are not certified as ZEVs shall be treated as Type A HEV ULEVs.
    (3)(i) Each manufacturer's applicable fleet average NMOG value for 
all light light-duty trucks from 0-3750 lbs. loaded vehicle weight and 
light-duty vehicles sold in the applicable region according to Tables 
R99-15 and R99-16 shall be calculated in units of g/mi NMOG according to 
the following equation, where the term ``Sold'' means sold in the 
applicable region according to Tables R99-15 and R99-16, and the term 
``Vehicles'' means light light-duty trucks from 0-3750 lbs loaded 
vehicle weight and light-duty vehicles: (((No. of Vehicles Certified to 
the Federal Tier 1 Exhaust Emission Standards and Sold)x(0.25))+((No. of 
TLEVs Sold excluding HEVs)x (0.125))+((No. of LEVs Sold excluding 
HEVs)x(0.75))+((No. of ULEVs Sold excluding HEVs)x(0.040))+(HEV 
contribution factor))/(Total No. of Vehicles Sold, including ZEVs and 
HEVs).
    (A) For model years 1997 through 2000, ``Vehicles'' in the preceding 
equation shall include California-certified vehicles, including vehicles 
certified to California Tier 1 standards.
    (B) For model years 2001 and later, ``vehicles'' in the preceding 
equation shall not include California-certified vehicles unless they are 
also certified under the National LEV program.
    (ii)(A) ``HEV contribution factor'' shall mean the NMOG emission 
contribution of HEVs to the fleet average NMOG value. The HEV 
contribution factor shall be calculated in units of g/mi as follows, 
where the term ``Sold'' means sold in the applicable region according to 
tables R99-15 and R99-16.
    (B) HEV contribution factor = (((No. of Type A HEV TLEVs Sold) x 
(0.100)) + ((No. of Type B HEV TLEVs Sold) x (0.113)) + ((No. of Type C 
HEV TLEVs Sold) x (0.125))) + (((No. of Type A HEV LEVs Sold) x (0.057)) 
+ ((No. of Type B HEV LEVs Sold) x (0.066)) + ((No. of Type C HEV LEVs 
Sold) x (0.075))) + (((No. of Type A HEV ULEVs Sold) x (0.020)) + ((No. 
of Type B HEV ULEVs Sold) x (0.030)) + ((No. of Type C HEV ULEVs Sold) x 
(0.040))).
    (iii)(A) For any model year in which a manufacturer certifies its 
entire fleet of light-duty vehicles and light light-duty trucks from 0-
3750 lbs LVW to intermediate useful life NMOG emission standards 
specified in Sec. Sec. 86.1708 and 86.1709 that are less than or equal 
to the applicable fleet average NMOG standard specified in Tables R99-15 
and R99-16, the manufacturer may elect not to calculate a fleet average 
NMOG value for such vehicles for that model year.
    (B) The fleet average NMOG value for a manufacturer electing under 
paragraph (a)(3)(iii)(A) of this section not to calculate a fleet 
average NMOG value shall be deemed to be the applicable fleet average 
NMOG standard specified in Table R99-15 or R99-16 for the applicable 
model year.
    (C) A manufacturer making the election under paragraph 
(a)(3)(iii)(A) of this section may not generate credits for that model 
year for light light-duty

[[Page 325]]

trucks from 0-3750 lbs LVW and light-duty vehicles.
    (4)(i) Each manufacturer's applicable fleet average NMOG value for 
all light light-duty trucks from 3751-5750 lbs loaded vehicle weight 
sold in the applicable region according to Tables R99-15 and R99-16 
shall be calculated in units of g/mi NMOG according to the following 
equation, where the term ``Sold'' means sold in the applicable region 
according to Tables R97-15 and R97-16, and the term ``Vehicles'' means 
light light-duty trucks from 3751-5750 lbs loaded vehicle weight: (((No. 
of Vehicles Certified to the Federal Tier 1 Exhaust Emission Standards 
and Sold)x(0.32))+((No. of TLEVs Sold excluding HEVs) x (0.160)) + ((No. 
of LEVs Sold excluding HEVs)x(0.100)) + (No. of ULEVs Sold excluding 
HEVs)x(0.050))+(HEV Contribution factor)) / (Total No. of Vehicles Sold, 
including ZEVs and HEVs).
    (A) For model years 1997 through 2000, ``Vehicles'' in the preceding 
equation shall include California-certified vehicles, including vehicles 
certified to California Tier 1 standards.
    (B) For model years 2001 and later, ``Vehicles'' in the preceding 
equation shall not include California-certified vehicles unless they are 
also certified under the National LEV program.
    (ii)(A) ``HEV contribution factor'' shall mean the NMOG emission 
contribution of HEVs to the fleet average NMOG. The HEV contribution 
factor shall be calculated in units of g/mi as follows, where the term 
``Sold'' means sold in the applicable region according to tables R99-15 
and R99-16.
    (B) HEV contribution factor=(((No. of Type A HEV TLEVs Sold) x 
(0.130)) + ((No. of Type B HEV TLEVs Sold) x (0.145)) + ((No. of Type C 
HEV TLEVs Sold) x (0.160))) + (((No. of Type A HEV LEVs Sold) x (0.075)) 
+ ((No. of Type B HEV LEVs Sold) x (0.087)) + ((No. of Type C HEV LEVs 
Sold) x (0.100))) + (((No. of Type A HEV ULEVs Sold) x (0.025)) + ((No. 
of Type B HEV ULEVs Sold) x (0.037)) + ((No. of Type C HEV ULEVs Sold) x 
(0.050))).
    (iii)(A) For any model year in which a manufacturer certifies its 
entire fleet of light light-duty trucks from 3751-5750 lbs LVW to 
intermediate useful life NMOG emission standards specified in Sec. 
86.1709 that are less than or equal to the applicable fleet average NMOG 
requirements specified in Tables R99-15 and R99-16, the manufacturer may 
elect not to calculate a fleet average NMOG value for such vehicles for 
that model year.
    (B) The fleet average NMOG value for a manufacturer electing under 
paragraph (a)(4)(iii)(A) of this section not to calculate a fleet 
average NMOG value shall be deemed to be the applicable fleet average 
NMOG standard specified in Table R99-15 or R99-16 for the applicable 
model year.
    (5)(i) The calculation of the fleet average NMOG value pursuant to 
paragraphs (a)(3) and (a)(4) of this section shall exclude ATVs, as 
defined in Sec. 86.1702, purchased in the NTR by state governments. In 
determining the quantity of vehicles to be excluded from the NMOG 
calculations, a manufacturer shall only be required to exclude vehicles 
that are reported by the purchasing government in a timely letter, 
containing adequate information, directed to the representative of the 
manufacturer listed in the manufacturer's application for certification. 
Such letter shall be considered timely only if it is received no later 
than February 1 of the calendar year following the model year of the 
purchased vehicles.
    (ii) Adequate information includes the number of vehicles purchased, 
vehicle makes and models, and the associated engine families. A copy of 
the letter should be sent to: Director, Vehicle Programs and Compliance 
Division, U.S. Environmental Protection Agency, 2565 Plymouth Road, Ann 
Arbor, Michigan, 48105.
    (6) For any model year prior to model year 2001 for which a 
manufacturer meets the definition of ``low volume manufacturer'' in 
Sec. 86.1702, it shall be exempt from the requirements in paragraph 
(a)(1) of this section. The requirements in paragraph (a)(1) of this 
section applicable to the 2001 and later model years shall apply to low 
volume manufacturers.
    (b) Fleet average NMOG credit and debit calculations. (1) For each 
averaging set, as defined in Sec. 86.1702, manufacturers that achieve 
fleet average

[[Page 326]]

NMOG values lower than the fleet average NMOG standard for the 
corresponding model year may generate credits.
    (2) For each averaging set, manufacturers that obtain applicable 
fleet average NMOG values exceeding the fleet average NMOG standard for 
the corresponding model year shall generate debits.
    (3) For each averaging set, credits and debits are to be calculated 
according to the following equation and 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, which is incorporated by reference (see Sec. 86.1), to 
the nearest whole number (intermediate calculations will not be 
rounded): Number of Credits/Debits = (((Applicable Fleet Average NMOG 
Standard) - (Manufacturer's Applicable Fleet Average NMOG Value)) x 
(Applicable Production)).
    (4) For each applicable region and model year, a manufacturer's 
available credits or level of debits shall be the sum of credits or 
debits derived from the respective class A and class B averaging sets 
for that region and model year. Paragraph (d)(2)(ii)(C) of this section 
contains a special provision for manufacturers that end model year 2000 
with a debit balance in the NTR.
    (c) Intermediate in-use emission standards. (1) Only credits 
generated in the NTR may be used to offset NMOG debits incurred in the 
NTR. Manufacturers may use in the ASTR credits generated in the NTR.
    (2) Only after credits are earned may they be used, traded, or 
carried over to another model year. Before trading or carrying over 
credits to the next model year, a manufacturer must apply available 
credits to offset any of its debits from the same region, where the 
deadline to offset such debits has not yet passed.
    (3) Credits earned in any given model year shall retain full value 
through the subsequent model year.
    (4) Unused credits that are available at the end of the second, 
third, and fourth model years after the model year in which the credits 
were generated shall be discounted to 50%, 25%, and 0% of the original 
value of the credits, respectively. The discounting of credits also 
applies to credits transferred to other parties.
    (5) Credits may not be used to remedy any nonconformities determined 
by a Selective Enforcement Audit, recall testing, or testing performed 
with respect to Title 13, Chapter 2, Articles 1 and 2 of the California 
Code of Regulations.
    (6) Prior to model year 2001, low volume manufacturers may earn 
credits in the NTR to transfer to other motor vehicle manufacturers for 
use in the NTR or the ASTR, or to bank for their own use in the ASTR. 
Such credits will be calculated as set forth in paragraphs (a) and (b) 
of this section, except that the applicable fleet average NMOG standard 
shall be 0.25 g/mi NMOG for the averaging set for light light-duty 
trucks from 0-3750 lbs LVW and light-duty vehicles or 0.32 g/mi NMOG for 
the averaging set for light light-duty trucks from 3751-5750 lbs LVW. 
Credits shall be discounted in accordance with the provisions in 
paragraph (c)(4) of this section.
    (7) Prior to model year 2001, manufacturers may earn credits in the 
ASTR states that are not in the NTR and may bank those credits for use 
in the ASTR. Such credits will be calculated as set forth in paragraphs 
(a) and (b) of this section, except that the applicable fleet average 
NMOG standard shall be 0.25 g/mi NMOG for the averaging set for light 
light-duty trucks from 0-3750 lbs LVW and light-duty vehicles or 0.32 g/
mi NMOG for the averaging set for light light-duty trucks from 3751-5750 
lbs LVW, and ``sold'' shall mean sold in the ASTR states that are not in 
the NTR.
    (i) Emission credits earned in the ASTR states outside the NTR prior 
to model year 2001 shall be treated as generated in model year 2001.
    (ii) In the 2001 model year, a one-time discount rate of 10 percent 
shall be applied to all credits earned under the provisions of this 
paragraph (c)(7).
    (iii) These credits shall be discounted in accordance with the 
provisions in paragraph (c)(4) of this section.
    (8) Manufacturers may earn and bank credits in the NTR for model 
years 1997 and 1998. In states without a Section

[[Page 327]]

177 Program effective in model year 1997 or 1998, such credits will be 
calculated as set forth in paragraphs (a) and (b) of this section, 
except that the applicable fleet average NMOG standard shall be 0.25 g/
mi NMOG for the averaging set for light light-duty trucks from 0-3750 
lbs LVW and light-duty vehicles or 0.32 g/mi NMOG for the averaging set 
for light light-duty trucks from 3751-5750 lbs LVW. In states that opt 
into National LEV and have a Section 177 Program effective in model year 
1997 or 1998, such credits will equal the unused credits earned in those 
states.
    (i) Emissions credits earned in the NTR prior to the 1999 model year 
shall be treated as generated in the 1999 model year.
    (ii) In the 1999 model year, a one-time discount rate of 10 percent 
shall be applied to all credits earned under the provisions of this 
paragraph (c)(8).
    (iii) These credits shall be discounted in accordance with the 
provisions in paragraph (c)(4) of this section.
    (9) There are no property rights associated with credits generated 
under the provisions of this section. Credits are a limited 
authorization to emit the designated amount of emissions. Nothing in the 
regulations or any other provision of law should be construed to limit 
EPA's authority to terminate or limit this authorization through a 
rulemaking. If EPA were to terminate or limit the authorization to emit 
associated with emissions credits generated under the provisions of this 
section, this paragraph (c)(9) would have no effect on manufacturers' 
ability to opt out of the National LEV program pursuant to Sec. 
86.1707.
    (d) Fleet average NMOG debits. (1) Manufacturers shall offset any 
debits for a given model year by the fleet average NMOG reporting 
deadline for the model year following the model year in which the debits 
were generated. Manufacturers may offset debits by generating credits or 
acquiring credits generated by another manufacturer. Only credits 
generated in the NTR may be used to offset NMOG debits generated in the 
NTR.
    (2) The provisions of this paragraph (d)(2) apply only when a 
manufacturer has a debit balance in the NTR at the end of model year 
2000. Manufacturers shall offset any debits incurred in the NTR for 
model year 2000 by the fleet average NMOG reporting deadline for model 
year 2001.
    (i) A manufacturer may offset debits generated in the NTR in model 
year 2000 either by generating credits in the NTR in model year 2001 or 
by applying NTR credits acquired under the provisions of this section.
    (ii) If a manufacturer has a debit balance in the NTR at the end of 
model year 2000, then such manufacturer shall be required to calculate 
fleet average NMOG values for both the NTR and the ASTR for model year 
2001.
    (A) The NTR values shall be calculated according to paragraphs (a) 
and (b) of this section, with the fleet average NMOG standards equal to 
the standards for model year 2001 in the ASTR.
    (B) If such a manufacturer has a credit balance in the NTR for model 
year 2001, before trading or carrying over credits to the next model 
year, the manufacturer must apply available NTR credits to offset its 
debits in the NTR.
    (C) Notwithstanding paragraph (b)(4) of this section, for the ASTR 
and model year 2001, such a manufacturer's available credits or level of 
debits shall be the sum of credits or debits derived from the respective 
class A and class B averaging sets for the ASTR and model year 2001, 
minus any credits used pursuant to paragraph (d)(2)(ii)(B).
    (iii) To transfer a credit as an NTR credit earned in model year 
2001, a manufacturer must have credits generated in the NTR based on 
separate fleet average NMOG values calculated for the NTR in model year 
2001. In addition, the number of model year 2001 NTR credits available 
for a manufacturer to transfer cannot exceed the manufacturer's 
available number of model year 2001 ASTR credits. Any transferred model 
year 2001 NTR credits shall be deducted from the manufacturer's 
available model year 2001 ASTR credits.
    (3)(i) Failure to meet the requirements of paragraphs (a) through 
(d) of this section within the required timeframe for offsetting debits 
will be considered to be a failure to satisfy the

[[Page 328]]

conditions upon which the certificate(s) was issued and the individual 
noncomplying vehicles not covered by the certificate shall be determined 
according to this section.
    (ii) If debits are not offset within the specified time period, the 
number of vehicles not meeting the fleet average NMOG standards and not 
covered by the certificate shall be calculated by dividing the total 
amount of debits for the model year by the fleet average NMOG standard 
applicable for the model year and averaging set in which the debits were 
first incurred. If both averaging sets are in debit, any applicable 
credits will first be allocated between the averaging sets according to 
the manufacturer's expressed preferences. Then, the number of vehicles 
not covered by the certificate shall be calculated using the revised 
debit values.
    (iii) EPA will determine the vehicles for which the condition on the 
certificate was not satisfied by designating vehicles in those engine 
families with the highest certification NMOG emission values first and 
continuing until a number of vehicles equal to the calculated number of 
noncomplying vehicles as determined above is reached. If this 
calculation determines that only a portion of vehicles in an engine 
family contribute to the debit situation, then EPA will designate actual 
vehicles in that engine family as not covered by the certificate, 
starting with the last vehicle produced and counting backwards.
    (4) If a manufacturer opts out of the National LEV program pursuant 
to Sec. 86.1707, the manufacturer continues to be responsible for 
offsetting any debits outstanding on the effective date of the opt-out 
within the required time period. Any failure to offset the debits will 
be considered to be a violation of paragraph (d)(1) of this section and 
may subject the manufacturer to an enforcement action for sale of 
vehicles not covered by a certificate, pursuant to paragraph (d)(2) of 
this section.
    (5) For purposes of calculating tolling of the statute of 
limitations, a violation of the requirements of paragraph (d)(1) of this 
section, a failure to satisfy the conditions upon which a certificate(s) 
was issued and hence a sale of vehicles not covered by the certificate, 
all occur upon the expiration of the deadline for offsetting debits 
specified in paragraph (d)(1) of this section.
    (e) NMOG credit transfers. (1) EPA may reject NMOG credit transfers 
if the involved manufacturers fail to submit the credit transfer 
notification in the annual report.
    (2) A manufacturer may not sell credits that are not available for 
sale pursuant to the provisions in paragraphs (c)(2) or (d)(2) of this 
section.
    (3) Except in instances of fraud on the part of the credit 
recipient, where a manufacturer sells credits that were not available 
for sale, the credits shall be treated as valid, and the manufacturer 
that sold the credits shall be liable for any resulting shortfall.
    (4)(i) If a manufacturer transfers a credit that it has not 
generated pursuant to paragraph (b) of this section or acquired from 
another party, the manufacturer will be considered to have generated a 
debit in the model year that the manufacturer transferred the credit. 
The manufacturer must offset such debits by the deadline for the annual 
report for that same model year.
    (ii) Failure to offset the debits within the required time period 
will be considered a failure to satisfy the conditions upon which the 
certificate(s) was issued and will be addressed pursuant to paragraph 
(d)(3) of this section.

[62 FR 31242, June 6, 1997. Redesignated and amended at 63 FR 983, Jan. 
7, 1998; 70 FR 40442, July 13, 2005]

    Effective Date Note: At 62 FR 31242, June 6, 1997, subpart R was 
added, effective Aug. 5, 1997. Section 86.1710-99(a) contains 
information collection and recordkeeping requirements and will not 
become effective until approval has been given by the Office of 
Management and Budget.



Sec. 86.1711-99  Limitations on sale of Tier 1 vehicles and TLEVs.

    (a) In the 2001 and subsequent model years, manufacturers may sell 
Tier 1 vehicles and TLEVs in the NTR only if vehicles with the same 
engine families are certified and offered for sale in California in the 
same model year, except as provided under Sec. 86.1707(d)(4).

[[Page 329]]

    (b) [Reserved]

[62 FR 31242, June 6, 1997. Redesignated and amended at 63 FR 985, Jan. 
7, 1998; 70 FR 40442, July 13, 2005]



Sec. 86.1712-99  Maintenance of records; submittal of information.

    (a) Maintenance of records. (1) The manufacturer producing any 
light-duty vehicles and/or light light-duty trucks subject to the 
provisions in this subpart shall establish, maintain, and retain the 
following information in adequately organized and indexed records for 
each averaging set of each model year:
    (i) Model year;
    (ii) Averaging set;
    (iii) Fleet average NMOG value achieved; and
    (iv) All values used in calculating the fleet average NMOG value 
achieved.
    (2) The manufacturer producing any light-duty vehicles and/or light 
light-duty trucks subject to the provisions in this subpart shall 
establish, maintain, and retain the following information in adequately 
organized and indexed records for each vehicle or truck subject to this 
subpart:
    (i) Model year;
    (ii) Averaging set;
    (iii) EPA engine family, or if applicable for model year 1999 or 
2000, the California engine family;
    (iv) Assembly plant;
    (v) Vehicle identification number;
    (vi) NMOG standard to which the vehicle or truck is certified; and
    (vii) Information on the point of first sale, including the 
purchaser, city, and state.
    (3) The manufacturer shall retain all records required to be 
maintained under this section for a period of eight years from the due 
date for the annual report. Records may be retained as hard copy or 
reduced to microfilm, ADP diskettes, and so forth, depending on the 
manufacturer's record retention procedure; provided, that in every case 
all information contained in the hard copy is retained.
    (4) Nothing in this section limits the Administrator's discretion to 
require 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 the Administrator the information that the 
manufacturer is required to retain.
    (6) EPA may void ab initio a certificate of conformity for a vehicle 
certified to National LEV certification standards as set forth or 
otherwise referenced in Sec. 86.1708 or Sec. 86.1709 for which the 
manufacturer fails to retain the records required in this section or to 
provide such information to the Administrator upon request.
    (b) Reporting. (1) Each covered manufacturer shall submit an annual 
report. Except as provided in paragraph (b)(2) of this section, the 
annual report shall contain, for each averaging set, the fleet average 
NMOG value achieved, all values required to calculate the NMOG value, 
the number of credits generated or debits incurred, and all the values 
required to calculate the credits or debits. For each applicable region 
(NTR and ASTR), the annual report shall contain the resulting balance of 
credits or debits.
    (2) When a manufacturer calculates compliance with the fleet average 
NMOG standards using the provisions in Sec. 86.1710(a)(3)(iii) or Sec. 
86.1710(a)(4)(iii), then the annual report shall state that the 
manufacturer has elected to use such provision and shall contain, for 
each averaging set, the fleet average NMOG values as specified in Sec. 
86.1710(a)(3)(iii) or Sec. 86.1710(a)(4)(iii).
    (3) The annual report shall also include documentation on all credit 
transactions the manufacturer has engaged in since those included in the 
last report. Information for each transaction shall include:
    (i) Name of credit provider;
    (ii) Name of credit recipient;
    (iii) Date the transfer occurred;
    (iv) Quantity of credits transferred;
    (v) Model year in which the credits were earned; and
    (vi) Region (NTR or ASTR) to which the credits belong.
    (4) Unless a manufacturer reports the data required by this section 
in the annual production report required under Sec. 86.085-37(b) and 
subsequent model year provisions, a manufacturer shall submit an annual 
report for each model

[[Page 330]]

year after production ends for all affected vehicles and trucks produced 
by the manufacturer subject to the provisions of this subpart and no 
later than May 1 of the calendar year following the given model year. 
Annual reports shall be submitted to: Director, Vehicle Programs and 
Compliance Division, U.S. Environmental Protection Agency, 2565 Plymouth 
Road, Ann Arbor, Michigan, 48105.
    (5) Failure by a manufacturer to submit the annual report in the 
specified time period for all vehicles and trucks subject to the 
provisions in this section is a violation of section 203(a)(1) of the 
Clean Air Act for each subject vehicle and truck produced by that 
manufacturer.
    (6) If EPA or the manufacturer determines that a reporting error 
occurred on an annual report previously submitted to EPA, the 
manufacturer's credit or debit calculations will be recalculated. EPA 
may void erroneous credits, unless transferred, and shall adjust 
erroneous debits. In the case of transferred erroneous credits, EPA 
shall adjust the manufacturer's credit or debit balance to reflect the 
sale of such credits and any resulting generation of debits.
    (c) Notice of opportunity for hearing. Any voiding of the 
certificate under paragraph (a)(6) of this section will be made only 
after EPA has offered the manufacturer concerned an opportunity for a 
hearing conducted in accordance with Sec. 86.614 for light-duty 
vehicles or Sec. 86.1014 for light-duty trucks and, if a manufacturer 
requests such a hearing, will be made only after an initial decision by 
the Presiding Officer.

[62 FR 31242, June 6, 1997. Redesignated and amended at 63 FR 985, Jan. 
7, 1998]

    Effective Date Note: At 62 FR 31242, June 6, 1997, subpart R was 
added, effective Aug. 5, 1997. Section 86.1712-99 contains information 
collection and recordkeeping requirements and will not become effective 
until approval has been given by the Office of Management and Budget.



Sec. 86.1713-01  [Reserved]



Sec. 86.1713-99  Light-duty exhaust durability programs.

    The provisions of Sec. 86.094-13 and subsequent model year 
provisions apply to this subpart, except that: Section 86.094-13(f) and 
subsequent model year provisions does not apply to this subpart.

[62 FR 31242, June 6, 1997. Redesignated at 63 FR 986, Jan. 7, 1998]



Sec. 86.1714-01  [Reserved]



Sec. 86.1714-99  Small volume manufacturers certification procedures.

    The provisions of Sec. 86.096-14 and subsequent model year 
provisions apply to this subpart, except that: Section 86.096-
14(c)(7)(i)(A) and subsequent model year provisions does not apply to 
this subpart.

[62 FR 31242, June 6, 1997. Redesignated at 63 FR 986, Jan. 7, 1998]



Sec. 86.1715-01  [Reserved]



Sec. 86.1715-99  [Reserved]



Sec. 86.1716-01  [Reserved]



Sec. 86.1716-99  Prohibition of defeat devices.

    (a) The provisions of Sec. 86.094-16 and subsequent model year 
provisions apply to this subpart.
    (b) [Reserved]

[62 FR 31242, June 6, 1997. Redesignated and amended at 63 FR 986, Jan. 
7, 1998]



Sec. 86.1717-01  Emission control diagnostic system for 1999 and later light-

duty vehicles and light-duty trucks.

    (a) The provisions of Sec. 86.1806-01 and subsequent model year 
provisions do not apply to this subpart.
    (b) The requirements in Chapter 6 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) apply to this subpart.
    (c) No vehicle shall be certified under the provisions of this 
subpart unless such vehicle complies with the requirements of section 
202(m) (1), (2), (4), and (5) of the Clean Air Act (42 U.S.C. 7521(m) 
(1), (2), (4) and (5)).

[64 FR 23923, May 4, 1999]

[[Page 331]]



Sec. 86.1717-99  Emission control diagnostic system for 1999 and later light-

duty vehicles and light-duty trucks.

    (a) The provisions of Sec. 86.094-17 and subsequent model year 
provisions do not apply to this subpart.
    (b) The requirements in Chapter 6 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) apply to this subpart.
    (c) No vehicle shall be certified under the provisions of this 
subpart unless such vehicle complies with the requirements of section 
202(m)(1), (2), (4), and (5) of the Clean Air Act (42 U.S.C. 7521(m)(1), 
(2), (4) and (5)).

[62 FR 31242, June 6, 1997. Redesignated at 63 FR 986, Jan. 7, 1998]



Sec. Sec. 86.1718-99--86.1720-99  [Reserved]



Sec. 86.1721-01  Application for certification.

    The provisions of Sec. 86.1844-01 and subsequent model year 
provisions apply to this subpart, with the following additions to the 
part 1 and part 2 applications:
    (a) For TLEVs, LEVs, and ULEVs not certified exclusively on 
gasoline, projected U.S. sales data and fuel economy data 19 months 
prior to January 1 of the calendar year with the same numerical 
designation as the model year for which the vehicles are certified, and 
projected U.S. sales data for all vehicles, regardless of operating fuel 
or vehicle emission category, sufficient to enable the Administrator to 
select a test fleet representative of the vehicles (or engines) for 
which certification is requested at the time of certification.
    (b) For ZEVs and hybrid electric vehicles, the certification part 1 
application shall include the following:
    (1) Identification and description of the vehicle(s) covered by the 
application.
    (2) Identification of the vehicle weight category to which the 
vehicle is certifying: LDV, LDT 0-3750 lbs LVW, LDT 3751-5750 lbs LVW 
(state test weight range), and the curb weight and gross vehicle weight 
rating of the vehicle.
    (3) Identification and description of the propulsion system for the 
vehicle.
    (4) Identification and description of the climate control system 
used on the vehicle.
    (5) Projected number of vehicles sold in the U.S., and projected 
U.S. sales.
    (6) For electric and hybrid electric vehicles, identification of the 
energy usage in kilowatt-hours per mile from the point when electricity 
is introduced from the electrical outlet and the operating range in 
miles of the vehicle when tested in accordance with the All-Electric 
Range Test provisions in Sec. 86.1770.
    (7) If the vehicle is equipped with a fuel fired heater, a 
description of the control system logic of the fuel fired heater, 
including an evaluation of the conditions under which the fuel fired 
heater can be operated and an evaluation of the possible operational 
modes and conditions under which evaporative emissions can exist. 
Vehicles which utilize fuel fired heaters which can be operated at 
ambient temperatures above 40 deg. F or which cannot be demonstrated to 
have zero evaporative emissions under any and all possible operation 
modes and conditions shall not be certified as ZEVs.
    (8) For ZEVs and HEVs which use fuel fired heaters, the manufacturer 
shall provide the exhaust emissions value per mile produced by the 
auxiliary fuel fired heater. This shall be accomplished by determining 
heater emissions in grams per minute when operating at a maximum heating 
capacity for a period of 20 minutes, and multiplying that number by 3.6 
minutes per mile. At the time of certification, manufacturers shall 
submit their test plan which describes the procedure used to determine 
the mass emissions of the fuel fired heater.
    (9) All information necessary for proper and safe operation of the 
vehicle, including information on the safe handling of the battery 
system, emergency procedures to follow in the event of battery leakage 
or other malfunctions that may affect the safety of the vehicle operator 
or laboratory personnel, method for determining battery state-of-charge, 
battery charging capacity and recharging procedures, and

[[Page 332]]

any other relevant information as determined by the Administrator.
    (c) For all vehicles subject to the provisions of Sec. 86.1717, 
with its part 1 application for certification a description of the 
malfunction and diagnostic system to be installed on the vehicles. (The 
vehicles shall not be certified unless the Administrator finds that the 
malfunction and diagnostic system complies with the requirements of 
Sec. 86.1717.).
    (d) The comprehensive list of test results and the applicable 
certification levels required under Sec. 86.1844-01(d)(7) shall include 
the following information:
    (1) For all TLEVs, LEVs, and ULEVs certifying on a fuel other than 
conventional gasoline, manufacturers shall multiply the NMOG exhaust 
certification level for each emission-data vehicle by the appropriate 
reactivity adjustment factor listed in Sec. 86.1777(d)(2)(i) or 
established by the Administrator pursuant to appendix XVII of this part 
to demonstrate compliance with the applicable NMOG emission standard. 
For all TLEVs, LEVs, and ULEVs certifying on natural gas, manufacturers 
shall multiply the NMOG exhaust certification level for each emission-
data vehicle by the appropriate reactivity adjustment factor listed in 
Sec. 86.1777(d)(2)(i) or established by the Administrator pursuant to 
appendix XVII of this part and add that value to the product of the 
methane exhaust certification level for each emission-data vehicle and 
the appropriate methane reactivity adjustment factor listed in Sec. 
86.1777(d)(2)(ii) or established by the Administrator pursuant to 
appendix XVII of this part to demonstrate compliance with the applicable 
NMOG emission standard. Manufacturers requesting to certify to existing 
standards utilizing an adjustment factor unique to its vehicle/fuel 
system must follow the data requirements described in appendix XVII of 
this part. A separate formaldehyde exhaust certification level shall 
also be provided for demonstrating compliance with emission standards 
for formaldehyde.
    (2) [Reserved]
    (e) Manufacturers shall submit the standard phase-in compliance 
information required in Sec. 86.1844-01 (d)(13) and (e)(4) with respect 
to the applicable standards of the subpart.
    (f) For each engine family certified to TLEV, LEV, or ULEV 
standards, manufacturers shall submit with the certification 
application, an engineering evaluation demonstrating that a 
discontinuity in emissions of non-methane organic gases, carbon 
monoxide, oxides of nitrogen and formaldehyde measured on the Federal 
Test Procedure (subpart B of this part) does not occur in the 
temperature range of 20 to 86 deg F. For diesel vehicles, the 
engineering evaluation shall also include particulate emissions.

[64 FR 23923, May 4, 1999]



Sec. 86.1721-99  Application for certification.

    The provisions of Sec. 86.096-21 and subsequent model year 
provisions apply to this subpart, with the following exceptions and 
additions:
    (a) The provisions of Sec. 86.096-21(b)(2) and subsequent model 
year provisions do not apply to this subpart. The following shall 
instead apply to this subpart:
    (1) For TLEVs, LEVs, and ULEVs not certified exclusively on 
gasoline, projected U.S. sales data and fuel economy data 19 months 
prior to January 1 of the calendar year with the same numerical 
designation as the model year for which the vehicles are certified, and 
projected U.S. sales data for all vehicles, regardless of operating fuel 
or vehicle emission category, sufficient to enable the Administrator to 
select a test fleet representative of the vehicles (or engines) for 
which certification is requested at the time of certification.
    (2) [Reserved]
    (b) For ZEVs and hybrid electric vehicles, the certification 
application shall include the following:
    (1) Identification and description of the vehicle(s) covered by the 
application.
    (2) Identification of the vehicle weight category to which the 
vehicle is certifying: LDV, LDT 0-3750 lbs LVW, LDT 3751-5750 lbs LVW 
(state test weight range), and the curb weight and gross vehicle weight 
rating of the vehicle.
    (3) Identification and description of the propulsion system for the 
vehicle.

[[Page 333]]

    (4) Identification and description of the climate control system 
used on the vehicle.
    (5) Projected number of vehicles sold in the U.S., and projected 
U.S. sales.
    (6) For electric and hybrid electric vehicles, identification of the 
energy usage in kilowatt-hours per mile from the point when electricity 
is introduced from the electrical outlet and the operating range in 
miles of the vehicle when tested in accordance with the All-Electric 
Range Test provisions in Sec. 86.1770.
    (7) If the vehicle is equipped with a fuel fired heater, a 
description of the control system logic of the fuel fired heater, 
including an evaluation of the conditions under which the fuel fired 
heater can be operated and an evaluation of the possible operational 
modes and conditions under which evaporative emissions can exist. 
Vehicles which utilize fuel fired heaters which can be operated at 
ambient temperatures above 40 [deg]F or which cannot be demonstrated to 
have zero evaporative emissions under any and all possible operation 
modes and conditions shall not be certified as ZEVs.
    (8) For ZEVs and HEVs which use fuel fired heaters, the manufacturer 
shall provide the exhaust emissions value per mile produced by the 
auxiliary fuel fired heater. This shall be accomplished by determining 
heater emissions in grams per minute when operating at a maximum heating 
capacity for a period of 20 minutes, and multiplying that number by 3.6 
minutes per mile. At the time of certification, manufacturers shall 
submit their test plan which describes the procedure used to determine 
the mass emissions of the fuel fired heater.
    (9) All information necessary for proper and safe operation of the 
vehicle, including information on the safe handling of the battery 
system, emergency procedures to follow in the event of battery leakage 
or other malfunctions that may affect the safety of the vehicle operator 
or laboratory personnel, method for determining battery state-of-charge, 
battery charging capacity and recharging procedures, and any other 
relevant information as determined by the Administrator.
    (c) For all vehicles subject to the provisions of Sec. 86.1717, 
with its application for certification a description of the malfunction 
and diagnostic system to be installed on the vehicles. (The vehicles 
shall not be certified unless the Administrator finds that the 
malfunction and diagnostic system complies with the requirements of 
Sec. 86.1717.).

[62 FR 31242, June 6, 1997. Redesignated and amended at 63 FR 986, Jan. 
7, 1998]



Sec. 86.1722-01  [Reserved]



Sec. 86.1722-99  [Reserved]



Sec. 86.1723-01  [Reserved]



Sec. 86.1723-99  Required data.

    The provisions of Sec. 86.096-23 and subsequent model year 
provisions apply to this subpart, with the following exceptions and 
additions:
    (a) The provisions of Sec. 86.096-23(c)(1) and subsequent model 
year provisions apply to this subpart, with the following addition:
    (1) For all TLEVs, LEVs, and ULEVs certifying on a fuel other than 
conventional gasoline, manufacturers shall multiply the NMOG exhaust 
certification level for each emission-data vehicle by the appropriate 
reactivity adjustment factor listed in Sec. 86.1777(d)(2)(i) or 
established by the Administrator pursuant to appendix XVII of this part 
to demonstrate compliance with the applicable NMOG emission standard. 
For all TLEVs, LEVs, and ULEVs certifying on natural gas, manufacturers 
shall multiply the NMOG exhaust certification level for each emission-
data vehicle by the appropriate reactivity adjustment factor listed in 
Sec. 86.1777(d)(2)(i) or established by the Administrator pursuant to 
appendix XVII of this part and add that value to the product of the 
methane exhaust certification level for each emission-data vehicle and 
the appropriate methane reactivity adjustment factor listed in Sec. 
86.1777(d)(2)(ii) or established by the Administrator pursuant to 
appendix XVII of this part to demonstrate compliance with the applicable 
NMOG emission standard. Manufacturers requesting to certify to existing 
standards utilizing an adjustment factor unique to its vehicle/fuel

[[Page 334]]

system must follow the data requirements described in appendix XVII of 
this part. A separate formaldehyde exhaust certification level shall 
also be provided for demonstrating compliance with emission standards 
for formaldehyde.
    (2) [Reserved]
    (b) The provisions of Sec. 86.096-23(l) introductory text and 
subsequent model year provisions do not apply to this subpart. The 
following shall instead apply to this subpart:
    (1) Additionally, manufacturers certifying vehicles shall submit for 
each model year 2001 through 2004 light-duty vehicle and light light-
duty truck engine family, the information listed in Sec. 86.096-
23(l)(1) and (2). If applicable, manufacturers shall also submit 
``Alternative or Equivalent Phase-in Schedules'' before or during 
calendar year 2001 for light-duty vehicles and light light-duty trucks.
    (2) [Reserved]
    (c) In addition to the provisions of Sec. 86.096-23 and subsequent 
model year provisions, the following requirements shall apply to this 
subpart:
    (1) For each engine family certified to TLEV, LEV, or ULEV 
standards, manufacturers shall submit with the certification 
application, an engineering evaluation demonstrating that a 
discontinuity in emissions of non-methane organic gases, carbon 
monoxide, oxides of nitrogen and formaldehyde measured on the Federal 
Test Procedure (subpart B of this part) does not occur in the 
temperature range of 20 to 86 deg F. For diesel vehicles, the 
engineering evaluation shall also include particulate emissions.
    (2) [Reserved]

[63 FR 986, Jan. 7, 1998]



Sec. 86.1724-01  Emission data vehicle selection.

    (a) [Reserved]
    (b) The provisions of Sec. 86.1828-01 and subsequent model year 
provisions apply to this subpart with the following additions:
    (1) For TLEVs, LEVs, ULEVs, and ZEVs certifying according to the 
provisions of this subpart, a manufacturer may substitute emission data 
vehicles selected by the California Air Resources Board criteria instead 
of using the criteria specified in Sec. Sec. 86.1828-01(a) through (d) 
and subsequent model year provisions.
    (2) For vehicles certified to the SFTP exhaust emission standards, 
if air conditioning is projected to be available on any vehicles within 
the engine family, the selection of engine codes will be limited 
selections which have air conditioning available and would require that 
any vehicle selected under this section has air conditioning installed 
and operational.

[64 FR 23924, May 4, 1999]



Sec. 86.1724-99  Test vehicles and engines.

    The provisions of Sec. 86.096-24 and subsequent model year 
provisions apply to this subpart, with the following exceptions and 
additions:
    (a) The provisions of Sec. 86.096-24(a)(1) and subsequent model 
year provisions apply to this subpart, with the following addition:
    (1) All engines classified in the same engine family shall be 
certified to identical exhaust emission standards.
    (2) [Reserved]
    (b) The provisions of Sec. 86.096-24(b) and subsequent model year 
provisions apply to this subpart with the following additions:
    (1) For TLEVs, LEVs, ULEVs, and ZEVs certifying according to the 
provisions of this subpart, a manufacturer may substitute emission data 
vehicles selected by the California Air Resources Board criteria instead 
of using the criteria specified in Sec. 86.096-24(b)(1) (i), (ii), and 
(iv) and subsequent model year provisions.
    (2) For vehicles certified to the SFTP exhaust emission standards, 
if air conditioning is projected to be available on any vehicles within 
the engine family, the selection of engine codes will be limited 
selections which have air conditioning available and would require that 
any vehicle selected under this section has air conditioning installed 
and operational.

[62 FR 31242, June 6, 1997. Redesignated and amended at 63 FR 986, Jan. 
7, 1998]



Sec. 86.1725-01  Allowable maintenance.

    This section includes text that specifies requirements that differ 
from Sec. 86.1725-99. Where a paragraph in

[[Page 335]]

Sec. 86.1725-99 is identical and applicable to this section, this may 
be indicated by specifying the corresponding paragraph and the statement 
``[Reserved]. For guidance see Sec. 86.1725-99.'' The provisions of 
Sec. 86.1834-01 and subsequent model year provisions apply to this 
subpart, with the following additions:
    (a) Hybrid electric vehicles that use Otto-cycle or diesel engines 
are subject to the applicable Otto-cycle or diesel engine maintenance 
requirements of Sec. 86.1834-01(b) through (e) and subsequent model 
year provisions.
    (b) through (c) [Reserved]. For guidance see Sec. 86.1725-99.
    (d) When air conditioning SFTP exhaust emission tests are required, 
the manufacturer must document that the vehicle's air conditioning 
system is operating properly and in a representative condition. Required 
air conditioning system maintenance is performed as unscheduled 
maintenance that does not require the Administrator's approval.

[64 FR 23924, May 4, 1999]



Sec. 86.1725-99  Maintenance.

    The provisions of Sec. 86.094-25 and subsequent model year 
provisions apply to this subpart, with the following additions:
    (a) Hybrid electric vehicles that use Otto-cycle or diesel engines 
are subject to the applicable Otto-cycle or diesel engine maintenance 
requirements of Sec. 86.094-25 (b) through (e) and subsequent model 
year provisions.
    (b) Manufacturers of series hybrid electric vehicles and parallel 
hybrid electric vehicles shall be required to incorporate into the 
vehicles a separate odometer or other device subject to the approval of 
the Administrator that can accurately gauge the mileage accumulation on 
the engines that are used in these vehicles.
    (c)(1) The manufacturer shall equip the vehicle with a maintenance 
indicator consisting of a light that shall activate automatically by 
illuminating the first time the minimum performance level is observed 
for all battery system components. Possible battery system components 
requiring monitoring are:
    (i) Battery water level;
    (ii) Temperature control;
    (iii) Pressure control;
    (iv) Other parameters critical for determining battery condition.
    (2) The manufacturer of a hybrid electric vehicle shall equip the 
vehicle with a useful life indicator for the battery system consisting 
of a light that shall illuminate the first time the battery system is 
unable to achieve an all-electric operating range (starting from a full 
state-of-charge) that is at least 75% of the range determined for the 
vehicle in the All-Electric Range Test (see Sec. 86.1770) and submitted 
in the certification application.
    (3) Hybrid electric vehicle battery system. Manufacturers shall 
maintain the battery system according to the requirements in paragraph 
(c)(1) of this section.
    (d) 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 testing. Required air 
conditioning system maintenance is performed as unscheduled maintenance 
that does not require the Administrator's approval.

[62 FR 31242, June 6, 1997. Redesignated and amended at 63 FR 986, Jan. 
7, 1998]



Sec. 86.1726-01  [Reserved]



Sec. 86.1726-99  Mileage and service accumulation; emission measurements.

    The provisions of Sec. 86.096-26 and subsequent model year 
provisions apply to this subpart, with the following exceptions and 
additions:
    (a) The provisions of Sec. 86.096-26(a)(1) and subsequent model 
year provisions do not apply to this subpart. The following shall 
instead apply to this subpart:
    (1) Section 86.096-26(a) and subsequent model year provisions 
applies to light-duty vehicles and light-duty trucks, except ZEVs which 
shall be exempt from all mileage and service accumulation, durability-
data vehicle, and emission-data vehicle testing requirements.
    (2) [Reserved]
    (b) The provisions of Sec. 86.096-26(a)(2) and subsequent model 
year provisions

[[Page 336]]

do not apply to this subpart. The following shall instead apply to this 
subpart:
    (1) The procedure for mileage accumulation shall be the Durability 
Driving Schedule as specified in appendix IV of this part. A modified 
procedure (Alternative Service Accumulation Durability Program, Sec. 
86.094-13(e) and subsequent model year provisions) may also be used if 
approved in advance by the Administrator. All light-duty vehicles and 
light-duty trucks shall accumulate mileage at a measured curb weight 
that is within 100 pounds of the estimated curb weight. If the 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 the higher weight. All mileage 
accumulation of hybrid electric vehicles shall be conducted with the 
battery pack at the manufacturer's indicated lowest state-of-charge at 
the beginning of the test cycle. At no time throughout mileage 
accumulation shall the battery pack be charged using any off-board 
charging source.
    (2) [Reserved]
    (c) The provisions of Sec. 86.096-26(a)(3) (i) and (ii) and 
subsequent model year provisions apply to this subpart, with the 
following addition:
    (1) For vehicles certified to the SFTP exhaust emission standards, 
complete exhaust emission tests will include both the FTP and the SFTP 
tests. The Administrator will accept the manufacturer's determination of 
the mileage at which the engine-system combination is stabilized for 
emission data testing if (prior to testing) a manufacturer determines 
that the interval chosen yields emissions performance that is stable and 
representative of design intent. Sufficient mileage should be 
accumulated to reduce the possible effects of any emissions variability 
that is the result of insufficient vehicle operation. Of primary 
importance in making this determination is the behavior of the catalyst, 
EGR valve, trap oxidizer or any other part of the ECS which may have 
non-linear aging characteristics. In the alternative, the manufacturer 
may elect to accumulate 4,000 mile 250 miles on 
each test vehicle within an engine family without making a 
determination.
    (2) [Reserved]
    (d) The provisions of Sec. 86.096-26(a)(4) (i) and (ii) and 
subsequent model year provisions do not apply to this subpart. The 
following shall instead apply to this subpart:
    (1) For Otto-cycle and diesel vehicles and battery assisted 
combustion engine vehicles that use Otto-cycle or diesel engines:
    (i) Prior to initiation of mileage accumulation in a durability-data 
vehicle, manufacturers must establish the mileage test interval for 
durability-data vehicle testing of the engine family. Once testing has 
begun on a durability-data vehicle, the durability test interval for 
that family may not be changed. At a minimum, multiple tests must be 
performed at 5,000 miles, 50,000 miles, and the final mileage point as 
long as they meet the requirements of appendix XV of this part. The 
Administrator will accept durability test interval schedules determined 
by the manufacturer. The testing must provide a DF confidence level 
equal to or better than the confidence level using the former fixed 
mileage test and scheduled maintenance intervals. The procedure for 
making this determination is specified in appendix XV of this part. The 
mileage intervals between test points must be approximately of equal 
length. The 250 mile test point tolerance and the 
requirement that tests be conducted before and after scheduled 
maintenance is still mandatory. Emission control systems for Otto-cycle 
engines that have step function changes designed into the control system 
must use the 5,000 mile test interval schedule.
    (ii) Testing before and after scheduled (or unscheduled) maintenance 
points must be conducted, and these data are to be included in the 
deterioration factor calculation. Testing before unscheduled maintenance 
may be omitted with the prior consent of the Administrator when testing 
would be dangerous to a vehicle or an operator. The number of tests 
before and after scheduled maintenance and the mileage intervals between 
test points

[[Page 337]]

should be approximately equal. Durability test interval schedules with 
multiple testing at test points within 10,000 miles of or at the 50,000 
mile and the final mileage test point must be submitted for approval. 
Multiple testing at maintenance mileage tests points within 10,000 miles 
of the 50,000 mile and the final mileage test points may be approved if 
it can be demonstrated by previously generated data that the emission 
effects of the maintenance are insignificant.
    (iii) For engine families that are to be certified to the full 
useful life emission standards, each exhaust emission durability-data 
vehicle shall be driven with all emission control systems installed and 
operating, for the full useful life or such lesser distance as the 
Administrator may agree to as meeting the objective of this procedure. 
Durability tests shall be at every 5,000 miles, from 5,000 miles to the 
full useful life, however, the above procedures may be used to determine 
alternate test intervals subject to the following:
    (A) For engine families that are to be certified to the full useful 
life emission standards, durability vehicles may accumulate less than 
the full useful life if the manufacturer submits other data or 
information sufficient to demonstrate that the vehicle is capable of 
meeting the applicable emission standards for the full useful life. At a 
minimum, 75% of the full useful life shall be accumulated.
    (B) For the purpose of conducting mileage accumulation on light-duty 
hybrid electric vehicles, the full useful life of the auxiliary power 
unit shall be defined as 50,000 miles for a Type A hybrid electric 
vehicle, 75,000 miles for a Type B hybrid electric vehicle, and 100,000 
miles for a Type C hybrid electric vehicle.
    (iv) Alternative durability plans may also be used if the 
manufacturer provides a demonstration that the alternative plan provides 
equal or greater confidence that the vehicles will comply in-use with 
the emission standards. All alternative durability plans are subject to 
approval in advance by the Administrator.
    (2) For diesel vehicles equipped with periodically regenerating trap 
oxidizer systems, at least four regeneration emission tests (see 
Sec. Sec. 86.106 through 86.145) shall be made. The pollutant mass 
emission calculation procedures for vehicles equipped with periodically 
regenerating trap oxidizer systems are included in appendix XVI of this 
part. With the advance approval of the Administrator, the manufacturer 
may install: A manual override switch capable of preventing (i.e., 
delaying until the switch is turned off) the start of the regeneration 
process; and a light which indicates when the system would initiate 
regeneration if it had no override switch. Upon activation of the 
override switch the vehicle will be operated on a dynamometer to 
precondition it for the regeneration emission test in accordance with 
Sec. Sec. 86.132 and 86.1772. The Urban Dynamometer Driving Schedule 
(UDDS) that is in progress at the time when the light comes on shall be 
completed and the vehicle shall proceed to the prescribed soak period 
followed by testing. With the advance approval of the Administrator, the 
manual override switch will be turned off at some predetermined point in 
the testing sequence, permitting the regeneration process to proceed 
without further manual interaction. The mileage intervals between test 
points shall be approximately equal. The first regeneration emission 
test shall be made at the 5,000 mile point. The regeneration emission 
tests must provide a deterioration factor confidence level equal to or 
better than the confidence level achieved by performing regeneration 
emission tests at the following mileage points: 5,000; 25,000; 50,000; 
75,000; and 100,000. The procedure for making this determination is 
shown in appendix XV of this part.
    (3) For gasoline-, gaseous-, and alcohol-fueled vehicles that are 
certified by a whole-vehicle durability protocol, the specified 
evaporative durability test points are at 5,000, 40,000, 75,000, and 
100,000 miles. These requirements are also applicable to hybrid electric 
vehicles. With the exception of flexible-fuel vehicles, a manufacturer 
may conduct evaporative testing at test points used for exhaust emission 
durability testing, provided that the same deterioration confidence 
level for the evaporative emission DF determination is

[[Page 338]]

retained (see appendix XIV of this part).
    (4) For flexible-fuel vehicles certifying to TLEV, LEV, or ULEV 
standards, the test schedule shall include exhaust emission tests at 
5,000 miles, 10,000 miles, and every 10,000 miles thereafter to the 
final mileage point using M85 or E85 and certification gasoline. For all 
flexible-fuel vehicles, if evaporative emission testing is conducted, 
exhaust and evaporative emission tests shall also be conducted using M35 
or E10, or another approved fuel, at the mileage points where M85 or E85 
testing is conducted. The results of these exhaust and evaporative 
emission tests will be used by the Administrator to evaluate the 
vehicle's emission control deterioration with various fuels (M85, M35, 
and unleaded gasoline; See fuel specifications in Sec. 86.1771). Only 
the M85 or E85 and certification gasoline exhaust emission results and 
the M35 or E10 evaporative emission results will be used to determine 
applicable exhaust and evaporative emission deterioration factors, 
respectively, as required in Sec. 86.1728 (Compliance with Emission 
Standards).
    (e) The provisions of Sec. 86.096-26(a)(5)(i) and subsequent model 
year provisions apply to this subpart, with the following addition:
    (1) In addition, the emission tests performed on emission-data 
vehicles and durability-data vehicles shall be non-regeneration emission 
tests for diesel light-duty vehicles and light-duty trucks equipped with 
periodically regenerating trap oxidizer systems. For any of these 
vehicles equipped with continually regenerating trap oxidizer systems, 
manufacturers may use the provisions applicable to periodically 
regenerating trap oxidizer systems as an option. If such an option is 
elected, all references in these procedures to vehicles equipped with 
periodically regenerating trap oxidizer systems shall be applicable to 
the vehicles equipped with continually regenerating trap oxidizer 
systems.
    (2) [Reserved]
    (f) The provisions of Sec. 86.096-26(a)(8) and subsequent model 
year provisions do not apply to this subpart. The following shall 
instead apply to this subpart:
    (1) Once a manufacturer submits the information required in Sec. 
86.096-26(a)(7) and subsequent model year provisions for a durability-
data vehicle, the manufacturer shall continue to run the vehicle to 
50,000 miles if the family is certified to 50,000 mile emission 
standards or to the full useful life if it is certified to emission 
standards beyond 50,000 miles (or to a lesser distance that the 
Administrator may have previously agreed to), and the data from the 
vehicle will be used in the calculations under Sec. 86.094-28 and 
subsequent model year provisions. Discontinuation of a durability-data 
vehicle shall be allowed only with the consent of the Administrator.
    (2) [Reserved]
    (g) The provisions of Sec. 86.096-26(b) and subsequent model year 
provisions do not apply to this subpart.
    (h)(1) The exhaust emissions shall be measured from all exhaust 
emission data vehicles tested in accordance with the federal Highway 
Fuel Economy Test (HWFET; 40 CFR part 600, subpart B). The oxides of 
nitrogen emissions measured during such tests shall be multiplied by the 
oxides of nitrogen deterioration factor computed in accordance with 
Sec. 86.094-28 and subsequent model year provisions, and then rounded 
and compared with the applicable emission standard in Sec. Sec. 86.1708 
and 86.1709. All data obtained pursuant to this paragraph (h)(1) shall 
be reported in accordance with procedures applicable to other exhaust 
emissions data required pursuant to these procedures. Hybrid electric 
vehicles shall be tested with the battery state-of-charge set such that 
one of the following two conditions is satisfied:
    (i) The state-of-charge is at the lowest level allowed by the 
control unit of the auxiliary power unit; or
    (ii) The state-of-charge is set such that auxiliary power unit 
operation will be at its maximum level at the beginning and throughout 
the emission test.

[[Page 339]]

    (2) In the event that one or more of the manufacturer's emission 
data vehicles fail the applicable HWFET standard in Sec. Sec. 86.1708 
and 86.1709, the manufacturer may submit to the Administrator 
engineering data or other evidence showing that the system is capable of 
complying with the standard. If the Administrator finds, on the basis of 
an engineering evaluation, that the system can comply with the HWFET 
standard, he or she may accept the information supplied by the 
manufacturer in lieu of vehicle test data.

[62 FR 31242, June 6, 1997. Redesignated and amended at 63 FR 987, Jan. 
7, 1998]



Sec. 86.1727-99  [Reserved]



Sec. 86.1728-01  Compliance with emission standards for the purpose of 

certification.

    The provisions of Sec. 86.1837-01 and subsequent model year 
provisions apply with respect to the applicable standards of this 
subpart.

[64 FR 23924, May 4, 1999]



Sec. 86.1728-99  Compliance with emission standards.

    The provisions of Sec. 86.094-28 and subsequent model year 
provisions apply to this subpart, with the following exceptions and 
additions:
    (a) The provisions of Sec. 86.094-28(a)(1) and subsequent model 
year provisions do not apply to this subpart. The following shall 
instead apply to this subpart:
    (1) The provisions of Sec. 86.094-28(a) and subsequent model year 
provisions apply to light-duty vehicles and light light-duty trucks, 
except ZEVs.
    (2) [Reserved]
    (b) The provisions of Sec. 86.094-28(a)(4)(i) and subsequent model 
year provisions do not apply to this subpart. The following shall 
instead apply to this subpart:
    (1) 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 factor shall be established for 
exhaust HC (non-alcohol vehicles, non-TLEVs, non-LEVs, and non-ULEVs), 
exhaust OMHCE or OMNMHCE (alcohol vehicles that are not TLEVs, LEVs, or 
ULEVs), exhaust NMOG (all TLEVs, LEVs, ULEVs), exhaust formaldehyde 
(alcohol vehicles, TLEVs, LEVs, ULEVs), exhaust CO, exhaust 
NOX, and exhaust particulate (diesel vehicles only) 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- and alcohol-fueled vehicles 
only). Separate emission correction factors (diesel light-duty vehicles 
and light-duty trucks equipped with periodically regenerating trap 
oxidizer systems only) shall be determined from the exhaust emission 
results of the durability-data vehicle(s) for each engine-system 
combination. A separate factor shall be established for exhaust HC (non-
alcohol vehicles, non-TLEVs, non-LEVs, and non-ULEVs), exhaust OMHCE or 
OMNMHCE (alcohol vehicles that are not TLEVs, LEVs, or ULEVs), exhaust 
NMOG (TLEVs, LEVs, ULEVs), exhaust CO, exhaust NOX, and 
exhaust particulate for each engine-system combination.
    (2) [Reserved]
    (c) The provisions of Sec. 86.094-28(a)(4)(i)(A)(4) and subsequent 
model year provisions do not apply to this subpart. The following shall 
instead apply to this subpart:
    (1) The manufacturer must use the outlier identification procedure 
set forth in appendix VIII of this part to test for irregular data from 
a durability-data set. If any data point is identified as a statistical 
outlier, the Administrator shall determine, on the basis of an 
engineering analysis of the causes of the outlier submitted by the 
manufacturer, whether the outlier is to be rejected. The outlier shall 
be rejected only if the Administrator determines that the outlier does 
not reflect representative characteristics of the emission control 
system, i.e., the outlier is a result of an emission control system 
anomaly, test procedure error, or an extraordinary circumstance not 
expected to recur. Only the identified outlier shall be eliminated; 
other data at that test point (i.e., data for other pollutants) shall

[[Page 340]]

not be eliminated unless the Administrator determines, based on the 
engineering analysis, that they also do not reflect representative 
characteristics of the emission control system. Where the manufacturer 
chooses to apply both the outlier procedure and averaging to the same 
data set, the outlier procedure shall be completed prior to applying the 
averaging procedure. All durability test data, including any outliers 
and the manufacturer's engineering analysis, shall be submitted with the 
final application.
    (2) [Reserved]
    (d) The provisions of Sec. 86.094-28(a)(4)(i)(B) and subsequent 
model year provisions do not apply to this subpart. The following shall 
instead apply to this subpart:
    (1) 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 the method of least squares, 
shall be drawn through all these data points. The emission data will be 
acceptable for use in the calculation of the deterioration factor only 
if the interpolated 4,000-mile, 50,000-mile, and full useful life points 
on this line are within the applicable emission standards in Sec. Sec. 
86.1708 and 86.1709. For hybrid electric vehicles, the emission data 
will be acceptable for use in the calculation of the deterioration 
factor only if the engine mileage points corresponding to the 
interpolated 4,000 mile, 50,000 mile, and full useful life points of the 
vehicle on this line are within the applicable emission standards in 
Sec. Sec. 86.1708 and 86.1709. The engine mileage points shall be 
determined based on the test schedule submitted to the Administrator as 
required in Sec. 86.096-26. As an exception, the Administrator will 
review the data on a case-by-case basis and may approve its use in those 
instances where the best fit straight line crosses an applicable 
standard but no data point exceeds the standard or when the best fit 
straight line crosses the applicable standard at the 4,000-mile point 
but the 5,000-mile actual test point and the 50,000 mile and full useful 
life interpolated points are both below the standards. A multiplicative 
exhaust emission deterioration factor shall be calculated for each 
engine system combination as follows:
    (i) For engine families certified to 50,000 mile emissions 
standards: Factor = Exhaust emissions interpolated to 50,000 miles 
divided by exhaust emissions interpolated to 4,000 miles.
    (ii) For engine families certified to full useful life emissions 
standards beyond 50,000 miles: Factor = Exhaust emissions interpolated 
to the full useful life divided by exhaust emissions interpolated to 
4,000 miles.
    (2) [Reserved]
    (e) The following requirements shall be in addition to the 
provisions of Sec. 86.094-28(a)(4) and subsequent model year 
provisions:
    (1)(i) The regeneration exhaust emission data (diesel light-duty 
vehicles and light-duty trucks equipped with periodically regenerating 
trap oxidizer systems only) from the tests required under Sec. 86.096-
26(a)(4) and subsequent model year provisions shall be used to determine 
the regeneration exhaust emissions interpolated to the 50,000-mile 
point. The regeneration 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 the method of least squares, 
shall be drawn through all these data points. The interpolated 50,000-
mile point of this line shall be used to calculate the multiplicative 
exhaust emission correction factor for each engine-system combination as 
follows:
[GRAPHIC] [TIFF OMITTED] TR06JN97.000

where:

R = the ratio of the regeneration exhaust emissions interpolated to 
50,000 miles to the non-regeneration exhaust emissions interpolated to 
50,000 miles.
n = the number of complete regenerations which occur during the 
durability test.

    (ii) The interpolated values determined in paragraph (e)(1)(i) of 
this section 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 correction 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 E 29-90,

[[Page 341]]

Standard Practice for Using Significant Digits in Test Data to Determine 
Conformance with Specifications (incorporated by reference; see Sec. 
86.1). For applicability to gaseous emission standards under the 100,000 
mile option, R will be determined based upon projected 100,000 mile 
emissions.
    (2) [Reserved]
    (f) The provisions of Sec. 86.094-28(a)(4)(ii)(A) and subsequent 
model year provisions do not apply to this subpart. The following shall 
instead apply to this subpart:
    (1) The official exhaust emission test results for each emission-
data vehicle at the 4,000 mile test point shall be multiplied by the 
appropriate deterioration factor, and correction factor (diesel light-
duty vehicles and light-duty trucks equipped with periodically 
regenerating trap oxidizer systems only): Provided: that if a 
deterioration factor as computed in Sec. 86.094-28(a)(4)(i)(B) and 
subsequent model year provisions or a correction factor as computed in 
paragraph (e) of this section is less than one, that deterioration 
factor or correction factor shall be one for the purposes of this 
paragraph (f).
    (2) [Reserved]
    (g) The provisions of Sec. 86.094-28(a)(4)(iii) and subsequent 
model year provisions do not apply to this subpart. The following shall 
instead apply to this subpart:
    (1) The emissions to compare with the standard (or the family 
particulate emission limit, as appropriate) shall be the adjusted 
emissions of Sec. 86.094-28(a)(4)(ii) (A) and (B) and subsequent model 
year provisions for each emission-data vehicle. Before any emission 
value is compared with the standard (or the family particulate limit, as 
appropriate), it shall be rounded to one significant figure beyond the 
number of significant figures contained in the standard (or the family 
particulate emission limit, as appropriate) in accordance with the 
Rounding-Off Method specified in ASTM E 29-90, 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). Fleet average NMOG value calculations 
shall be rounded to four significant figures in accordance with the 
Rounding-Off Method specified in ASTM E 29-90, Standard Practice for 
Using Significant Digits in Test Data to Determine Conformance with 
Specifications (incorporated by reference; see Sec. 86.1) before 
comparing with fleet average NMOG requirements.
    (2) [Reserved]
    (h) The provisions of Sec. 86.094-28(b) and subsequent model year 
provisions do not apply to this subpart.

[62 FR 31242, June 6, 1997. Redesignated at 63 FR 987, Jan. 7, 1998]



Sec. Sec. 86.1729-99--86.1733-99  [Reserved]



Sec. 86.1734-01  [Reserved]



Sec. 86.1734-99  Alternative procedure for notification of additions and 

changes.

    The provisions of Sec. 86.082-34 and subsequent model year 
provisions apply to this subpart, with the following exceptions and 
additions:
    (a) The provisions of Sec. 86.082-34(a) and subsequent model year 
provisions apply to this subpart, with the following addition:
    (1) A manufacturer must notify the Administrator within 10 working 
days of making an addition of a vehicle to a certified engine family or 
a change in a vehicle previously covered by certification. The 
manufacturer shall also submit, upon request of the Administrator, the 
following items:
    (i) service bulletin;
    (ii) driveability statement;
    (iii) test log;
    (iv) maintenance log.
    (2) All running changes and field fixes that do not adversely affect 
the system durability are deemed approved unless disapproved by the 
Administrator within 30 days of the receipt of the running change or 
field fix request. A change not specifically identified in the 
manufacturer's application must also be reported to the Administrator if 
the change may adversely affect engine or emission control system 
durability. Examples of such changes include any change that could 
affect durability, thermal characteristics, deposit formation, or 
exhaust product

[[Page 342]]

composition, i.e., combustion chamber design, cylinder head material, 
camshaft profile, computer modifications, turbocharger, intercooler 
wastegate characteristics, and transmission or torque converter 
specifications. The manufacturer is required to update and submit to the 
Administrator the ``supplemental data sheet'' for all running changes 
and field fixes implemented with the change notification. The 
manufacturer shall submit, on a monthly basis, by engine family, a list 
of running changes/field fixes giving the document number date submitted 
and a brief description of the change.
    (b) [Reserved]

[62 FR 31242, June 6, 1997. Redesignated at 63 FR 987, Jan. 7, 1998]



Sec. 86.1735-01  Labeling.

    The following requirements shall apply to TLEVs, LEVs, ULEVs, and 
ZEVs certified under the provisions of this subpart:
    (a) The requirements in Sec. 86.1807-01 and subsequent model year 
provisions do not apply to this section.
    (b) The requirements in Chapter 7 of the California Regulatory 
Requirements Applicable to the National Low Emission Vehicle Program 
(October, 1996) shall apply. These requirements are incorporated by 
reference (see Sec. 86.1).

[64 FR 23924, May 4, 1999]



Sec. 86.1735-99  Labeling.

    The following requirements shall apply to TLEVs, LEVs, ULEVs, and 
ZEVs certified under the provisions of this subpart:
    (a) The requirements in Sec. 86.096-35 and subsequent model year 
provisions do not apply to this section.
    (b) The requirements in Chapter 7 of the California Regulatory 
Requirements Applicable to the National Low Emission Vehicle Program 
(October, 1996) shall apply. These requirements are incorporated by 
reference (see Sec. 86.1).

[62 FR 31242, June 6, 1997. Redesignated at 63 FR 987, Jan. 7, 1998]



Sec. Sec. 86.1736-99--86.1769-99  [Reserved]



Sec. 86.1770-99  All-Electric Range Test requirements.

    (a) ZEVs and Type A and Type B hybrid electric vehicles shall be 
subject to the All-Electric Range Test specified below for the purpose 
of determining the energy efficiency and operating range of a ZEV or of 
a hybrid electric vehicle operating without the use of its auxiliary 
power unit. For hybrid electric vehicles, the manufacturer may elect to 
conduct the All-Electric Range Test prior to vehicle preconditioning in 
the exhaust and evaporative emission test sequence specified in subpart 
B of this part.
    (1) Cold soak. The vehicle shall be stored at an ambient temperature 
not less than 68 [deg]F (20 [deg]C) and not more than 86 [deg]F (30 
[deg]C) for 12 to 36 hours. During this time, the vehicle's battery 
shall be charged to a full state-of-charge.
    (2) Driving schedule--(i) Determination of All-Electric Range--
Highway. At the end of the cold soak period, the vehicle shall be 
placed, either driven or pushed, onto a dynamometer and operated through 
an Urban Dynamometer Driving Schedule, found in 40 CFR part 86, appendix 
I, until the vehicle is no longer able to maintain within 5 miles per 
hour of the speed requirements or within 2 seconds of the time 
requirements of the driving schedule. For hybrid electric vehicles, this 
determination shall be performed without the use of the auxiliary power 
unit.
    (ii) Determination of All-Electric Range--Urban. At the end of the 
cold soak period, the vehicle shall be placed, either driven or pushed, 
onto a dynamometer and operated through a Highway Fuel Economy Driving 
Schedule, found in 40 CFR part 600, appendix I, until the vehicle is no 
longer able to maintain within 5 miles per hour of the speed 
requirements or within 2 seconds of the time requirements of the driving 
schedule. For hybrid electric vehicles, this determination shall be 
performed without the use of the auxiliary power unit.
    (3) Recording requirements. Once the vehicle is no longer able to 
maintain the speed and time requirements specified in paragraph (a)(2) 
of this section,

[[Page 343]]

or once the auxiliary power unit turns on, in the case of a hybrid 
electric vehicle, the accumulated mileage and energy usage of the 
vehicle from the point where electricity is introduced from the 
electrical outlet shall be recorded, and the vehicle shall be brought to 
an immediate stop, thereby concluding the All-Electric Range Test.
    (4) Regenerative braking. Regenerative braking systems may be 
utilized during the range test. The braking level, if adjustable, shall 
be set according to the manufacturer's specifications prior to the 
commencement of the test. The driving schedule speed and time tolerances 
specified in paragraph (a)(2) of this section shall not be exceeded due 
to the operation of the regenerative braking system.
    (b) [Reserved]

[62 FR 31242, June 6, 1997. Redesignated and amended at 63 FR 987, Jan. 
7, 1998]



Sec. 86.1771-99  Fuel specifications.

    (a) The provisions of Sec. 86.113 apply to this subpart, with the 
following exceptions and additions.
    (1) For light-duty vehicles and light light-duty trucks, gasoline 
having the specifications listed below may be used in exhaust emission 
testing as an option to the specifications in Sec. 86.113(a)(1). If a 
manufacturer elects to utilize this option, exhaust emission testing 
shall be conducted by the manufacturer with gasoline having the 
specifications listed in the table in this paragraph (a)(1), and the 
Administrator shall conduct exhaust emission testing with gasoline 
having the specifications listed in the table in this paragraph (a)(1). 
Specifications for non-gasoline fuels and all fuel property test methods 
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.
Sulfur, ppm by wt.........................  30-40.
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)........  1,000.
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.
------------------------------------------------------------------------

    (2) [Reserved]
    (b) [Reserved]

[62 FR 31242, June 6, 1997. Redesignated at 63 FR 987, Jan. 7, 1998]



Sec. 86.1772-99  Road load power, test weight, and inertia weight class 

determination.

    (a) The provisions of Sec. 86.129 apply to this subpart.
    (b) The following requirements shall also apply to this subpart:
    (1) For electric and hybrid electric vehicle lines where it is 
expected that more than 33 percent of a vehicle line will be equipped 
with air conditioning, per Sec. 86.096-24(g)(2) or Sec. 86.1832-01(a) 
as applicable, that derives power from the battery pack, the road load 
shall be increased by the incremental horsepower required to operate the 
air conditioning unit. The incremental increase shall be determined by 
recording the difference in energy required for a hybrid electric 
vehicle under all-electric power to complete the running loss test fuel 
tank temperature profile test sequence without air conditioning and the 
same vehicle tested over the running loss test fuel tank temperature

[[Page 344]]

profile test sequence with the air conditioning set to the ``NORMAL'' 
air conditioning mode and adjusted to the minimum discharge air 
temperature and high fan speed over the time period needed to perform 
the test sequence, and converting this value into units of horsepower. 
Vehicles equipped with automatic temperature controlled air conditioning 
systems shall be operated in ``AUTOMATIC'' temperature and fan modes 
with the system set at 72 deg. F. The running loss test fuel tank 
temperature profile test sequence is found in Sec. 86.129(d).
    (2) [Reserved]

[62 FR 31242, June 6, 1997. Redesignated at 63 FR 987, Jan. 7, 1998, as 
amended at 64 FR 23924, May 4, 1999]



Sec. 86.1773-99  Test sequence; general requirements.

    (a) The provisions of Sec. 86.130 apply to this subpart.
    (b) The following additional requirements shall also apply to this 
subpart:
    (1) For purposes of determining conformity with 50 [deg]F test 
requirements, the procedures set forth in paragraph (c) of this section 
shall apply. For all hybrid electric vehicles and all 1995 and 
subsequent model-year vehicles certifying to running loss and useful 
life evaporative emission standards, the test sequence specified in 
subpart B of this part shall apply.
    (2) [Reserved]
    (c)(1) Following a 12 to 36 hour cold soak at a nominal temperature 
of 50 [deg]F, emissions of CO and NOX measured on the Federal 
Test Procedure (subpart B of this part), conducted at a nominal test 
temperature of 50 [deg]F, shall not exceed the standards for vehicles of 
the same emission category and vehicle type subject to a cold soak and 
emission test at 68 to 86 [deg]F. For all TLEVs, emissions of NMOG and 
formaldehyde at 50 [deg]F shall not exceed the 50,000 mile certification 
standard multiplied by a factor of 2.0. For all LEVs, emissions of NMOG 
and formaldehyde at 50 [deg]F shall not exceed the 50,000 mile 
certification standard multiplied by a factor of 2.0. For all ULEVs, 
emissions of NMOG and formaldehyde at 50 [deg]F shall not exceed the 
50,000 mile certification standard multiplied by a factor of 2.0. 
Emissions of NMOG shall be multiplied by a reactivity adjustment factor, 
if any, prior to comparing with the 50,000 certification standard 
multiplied by the specified factor. The test vehicles shall not be 
subject to a diurnal heat build prior to the cold start exhaust test or 
evaporative emission testing.
    (i) For the 50 [deg]F emission test, the nominal preconditioning, 
soak, and test temperatures shall be maintained within 3 [deg]F of the 
nominal temperature on an average basis and within 5 [deg]F of the 
nominal temperature on a continuous basis. The temperature shall be 
sampled at least once every 15 seconds during the preconditioning and 
test periods and at least once each 5 minutes during the soak period. A 
continuous strip chart recording of the temperature with these minimum 
time resolutions is an acceptable alternative to employing a data 
acquisition system.
    (ii) The test site temperature shall be measured at the inlet of the 
vehicle cooling fan used for testing.
    (iii) The test vehicle may be fueled before the preconditioning 
procedure in a fueling area maintained within a temperature range of 68 
to 86 [deg]F. The preconditioning shall be conducted at a nominal 
temperature of 50 [deg]F. The requirement to saturate the evaporative 
control canister(s) shall not apply.
    (iv) If a soak area remote from the test site is used, the vehicle 
may pass through an area maintained within a temperature range of 68 to 
86 [deg]F during a time interval not to exceed 10 minutes. In such 
cases, the vehicle shall be restabilized to 50 [deg]F by soaking the 
vehicle in the nominal 50 [deg]F test area for six times as long as the 
exposure time to the higher temperature area, prior to starting the 
emission test.
    (v) The vehicle shall be approximately level during all phases of 
the test sequence to prevent abnormal fuel distribution.
    (2) Manufacturers shall demonstrate compliance with this requirement 
each year by testing at least three LDV or LDT emission data and/or 
engineering development vehicles (with at least 4000 miles) which are 
representative of the array of technologies available in that model 
year. Only TLEVs, LEVs, and ULEVs are to be considered for testing at 50 
[deg]F. It is not necessary to apply deterioration factors (DFs) to

[[Page 345]]

the 50 [deg]F test results to comply with this requirement. Testing at 
50 [deg]F shall not be required for fuel-flexible and dual-fuel vehicles 
when operating on gasoline. Natural gas, hybrid electric and diesel-
fueled vehicles shall also be exempt from 50 [deg]F testing.
    (3) The following schedule outlines the parameters to be considered 
for vehicle selection:
    (i) Fuel control system (e.g., multiport fuel injection, throttle 
body electronic fuel injection, sequential multiport electronic fuel 
injection, etc.);
    (ii) Catalyst system (e.g., electrically heated catalyst, close-
coupled catalyst, underfloor catalyst, etc.);
    (iii) Control system type (e.g., mass-air flow, speed density, 
etc.);
    (iv) Vehicle category (e.g., TLEV, LEV, ULEV);
    (v) Fuel type (e.g., gasoline, methanol, etc.).
    (4) The same engine family shall not be selected in the succeeding 
two years unless the manufacturer produces fewer than three engine 
families. If the manufacturer produces more than three TLEV, LEV, or 
ULEV engine families per model year, the Administrator may request 50 
[deg]F testing of specific engine families. If the manufacturer provides 
a list of the TLEV, LEV, and ULEV engine families that it will certify 
for a model year and provides a description of the technologies used on 
each engine family (including the vehicle selection parameters 
information in paragraphs (c)(3) (i) through (v) of this section), the 
Administrator shall select the engine families subject to 50 [deg]F 
testing within a 30 day period after receiving such a list and 
description. The Administrator may revise the engine families selected 
after the 30 day period if the information provided by the manufacturer 
does not accurately reflect the engine families actually certified by 
the manufacturer.
    (5) For the purposes of this section, the Administrator will accept 
vehicles selected and tested in accordance with the 50 [deg]F testing 
procedures specified by the California Air Resources Board.
    (d) A manufacturer has the option of simulating air conditioning 
operation during testing at other ambient test conditions provided it 
can demonstrate that the vehicle tailpipe exhaust emissions are 
representative of the emissions that would result from the SC03 cycle 
test procedure and the ambient conditions of paragraph 86.161-00. The 
Administrator has approved two optional air conditioning test simulation 
procedures, AC1 and AC2, for the 2001 to 2003 model years only. If a 
manufacturer desires to conduct an alternative SC03 test simulation 
other than AC1 and AC2, or the AC1 and AC2 simulations for the 2004 and 
subsequent model years, the simulation test procedure must be approved 
in advance by the Administrator.

[62 FR 31242, June 6, 1997. Redesignated and amended at 63 FR 987, Jan. 
7, 1998]



Sec. 86.1774-99  Vehicle preconditioning.

    The provisions of Sec. 86.132 apply to this subpart, with the 
following exceptions and additions:
    (a) The provisions of Sec. 86.132 (a) through (e) apply to this 
subpart, with the following additional requirements:
    (1) The UDDS performed prior to a non-regeneration emission test 
shall not contain a regeneration (diesel light-duty vehicles and light-
duty trucks equipped with periodically regenerating trap oxidizer 
systems only). A gasoline fueled test vehicle may not be used to set 
dynamometer horsepower.
    (2) [Reserved]
    (b) [Reserved]

[62 FR 31242, June 6, 1997. Redesignated at 63 FR 987, Jan. 7, 1998]



Sec. 86.1775-99  Exhaust sample analysis.

    The following requirements shall apply to TLEVs, LEVs, ULEVs, and 
ZEVs certified under the provisions of this subpart:
    (a) The requirements in Sec. 86.140;
    (b) The requirements in Chapter 5 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).

[62 FR 31242, June 6, 1997. Redesignated at 63 FR 987, Jan. 7, 1998]



Sec. 86.1776-99  Records required.

    (a) The provisions of Sec. 86.142 apply to this subpart.

[[Page 346]]

    (b) In addition to the provisions of Sec. 86.142, the following 
provisions apply to this subpart:
    (1) The manufacturer shall record in the durability-data vehicle 
logbook, the number of regenerations that occur during the 50,000 mile 
durability test of each diesel light-duty vehicle and light-duty truck 
equipped with a periodically regenerating trap oxidizer system. The 
manufacturer shall include, for each regeneration: the date and time of 
the start of regeneration, the duration of the regeneration, and the 
accumulated mileage at the start and the end of regeneration. The number 
of regenerations will be used in the calculation of the deterioration 
factor or other durability demonstration under Sec. 86.1823-01 and 
subsequent model year provisions.
    (2) The requirements in Chapter 5 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).
    (3) For additional record requirements see Sec. Sec. 86.1770, 
86.1771, 86.1772, 86.1773, 86.1774, and 86.1777.

[62 FR 31242, June 6, 1997. Redesignated at 63 FR 987, Jan. 7, 1998, as 
amended at 64 FR 23925, May 4, 1999]

    Effective Date Note: At 62 FR 31242, June 6, 1997, subpart R was 
added, effective Aug. 5, 1997. Section 86.1776-99 contains information 
collection and recordkeeping requirements and will not become effective 
until approval has been given by the Office of Management and Budget.



Sec. 86.1777-99  Calculations; exhaust emissions.

    The provisions of Sec. 86.144 apply to this subpart, with the 
following exceptions and additions:
    (a) The provisions of Sec. 86.144(b) apply to this subpart, with 
the following additional requirement:
    (1) Organic material non-methane hydrocarbon equivalent mass for 
ethanol vehicles:

OMNMHCEmass=NMHCmass + (13.8756/32.042) x 
    (CH3OH)mass + (13.8756/46.064) x 
    (CH3CH2OH)mass + (13.8756/30.0262) 
    x (HCHO)mass + (13.8756/44.048) x 
    (CH3CHO)mass

    (2) [Reserved]
    (b) The requirements in Chapter 5 of the California Regulatory 
Requirements Applicable to the National Low Emission Vehicle Program 
(October, 1996) apply to this subpart. These requirements are 
incorporated by reference (see Sec. 86.1).
    (c) The provisions in appendix XV of this part and appendix XVI of 
this part apply to this subpart.
    (d) Reactivity adjustment factors. (1) For the purpose of complying 
with the NMOG exhaust emission standards in Sec. Sec. 86.1708 and 
86.1709, the mass of NMOG emissions from a vehicle certified to operate 
on a fuel other than conventional gasoline, including fuel-flexible and 
dual-fuel vehicles when operated on a fuel other than conventional 
gasoline, shall be multiplied by the reactivity adjustment factor 
applicable to the vehicle emission control technology category and fuel. 
The product of the NMOG mass emission value and the reactivity 
adjustment factor shall be compared to the NMOG exhaust emission 
standards to determine compliance with the standards. In addition to the 
above requirements, vehicles operating on natural gas shall add to the 
product of the NMOG mass emission value and the reactivity adjustment 
factor, the product of the methane mass emission value and the methane 
reactivity adjustment factor. This result shall be compared to the NMOG 
exhaust emission standards to determine compliance with the standards 
for natural gas-fueled vehicles.
    (2) The following reactivity adjustment factors have been 
established pursuant to the criteria in appendix XVII of this part:
    (i) Light-duty vehicles and light-duty trucks:

------------------------------------------------------------------------
                                                              Reactivity
     Vehicle emission control                Fuel             adjustment
       technology category                                      factor
------------------------------------------------------------------------
TLEVs............................  85% methanol, 15%                0.41
                                    gasoline blends.
LEVs and ULEVs through model year  85% methanol, 15%                0.41
 2000.                              gasoline blends.
TLEVs through model year 2000....  Gasoline meeting the             0.98
                                    specifications of Sec.
                                     86.1771(a)(1).
LEVs and ULEVs through model year  Gasoline meeting the             0.94
 2000.                              specifications of Sec.
                                     86.1771(a)(1).

[[Page 347]]

 
TLEVs through model year 2000....  Fuel meeting the                 1.00
                                    specifications for
                                    liquefied petroleum gas
                                    specified in Chapter 4
                                    of the California
                                    Regulatory Requirements
                                    Applicable to the
                                    National Low Emission
                                    Vehicle Program
                                    (October, 1996).
LEVs and ULEVs through model year  Fuel meeting the                 0.50
 2000.                              specifications for
                                    liquefied petroleum gas
                                    specified in Chapter 4
                                    of the California
                                    Regulatory Requirements
                                    Applicable to the
                                    National Low Emission
                                    Vehicle Program
                                    (October, 1996).
TLEVs through model year 2000....  Fuel meeting the                 1.00
                                    specifications for
                                    natural gas specified
                                    in Chapter 4 of the
                                    California Regulatory
                                    Requirements Applicable
                                    to the National Low
                                    Emission Vehicle
                                    Program (October, 1996).
LEVs and ULEVs through model year  Fuel meeting the                 0.43
 2000.                              specifications for
                                    natural gas specified
                                    in Chapter 4 of the
                                    California Regulatory
                                    Requirements Applicable
                                    to the National Low
                                    Emission Vehicle
                                    Program (October, 1996).
------------------------------------------------------------------------

    (ii) Natural gas light-duty vehicles and light-duty trucks:

------------------------------------------------------------------------
                                                                Methane
                                                              reactivity
        Vehicle emission control technology category          adjustment
                                                                factor
------------------------------------------------------------------------
TLEVs.......................................................     0.0043
LEVs and ULEVs..............................................     0.0047
------------------------------------------------------------------------

    (3) The Administrator may establish new reactivity adjustment 
factors pursuant to appendix XVII of this part in addition to those 
listed in paragraph (d)(2) of this section. The Administrator shall 
notify manufacturers in writing of the new reactivity adjustment factors 
within 30 days of their establishment.
    (4) The Administrator may revise any reactivity adjustment factor 
listed in paragraph (d)(2) of this section or established by the 
Administrator pursuant to appendix XVII of this part if he or she 
determines that the revised reactivity adjustment factor is more 
representative of the ozone-forming potential of vehicle NMOG emissions 
based on the best available scientific knowledge and sound engineering 
judgment. The Administrator shall notify manufacturers in writing of any 
such reactivity adjustment factor at least 3 years prior to January 1 of 
the calendar year which has the same numerical designation as the model 
year for which the revised reactivity adjustment factor first becomes 
effective. However, manufacturers may use the revised reactivity 
adjustment factor in certifying any new engine family whose 
certification application is submitted following such notification, if 
they so choose. Manufacturers may also continue to use the original 
reactivity adjustment factor for any existing engine family previously 
certified with that reactivity adjustment factor until a new durability-
data vehicle is tested for that engine family.
    (5) Manufacturers may request the use of a unique reactivity 
adjustment factor for a specific vehicle emission control technology 
category and fuel. The Administrator shall approve such requests in 
accordance with the conditions and procedures of appendix XVII of this 
part. For the purpose of calculating the reactivity adjustment factor as 
specified in appendix XVII of this part, the ``g ozone potential per g 
NMOG'' value for the vehicle emission control technology category and 
fuel system for which the manufacturer is requesting the use of a unique 
reactivity adjustment factor shall be divided by the ``g ozone potential 
per g NMOG'' value for a conventional gasoline-fueled vehicle 
established for the vehicle emission control technology category. The 
following ``g ozone potential per g NMOG'' values for conventional 
gasoline-fueled vehicle emission control technology categories have been 
established:
    (i) Light-duty vehicles and light-duty trucks:

[[Page 348]]



------------------------------------------------------------------------
                                                              ``g ozone
                                                              potential
                                                            per g NMOG''
       Vehicle emission control technology category              for
                                                            conventional
                                                              gasoline
------------------------------------------------------------------------
All TLEVs.................................................        3.42
All 1993 and subsequent model-year LEVs and ULEVs.........        3.13
------------------------------------------------------------------------

    (ii) [Reserved]

[62 FR 31242, June 6, 1997. Redesignated at 63 FR 987, Jan. 7, 1998]



Sec. 86.1778-99  Calculations; particulate emissions.

    The provisions of Sec. 86.145 and appendix XVI of this part apply 
to this subpart.

[62 FR 31242, June 6, 1997. Redesignated at 63 FR 987, Jan. 7, 1998]



Sec. 86.1779-99  General enforcement provisions.

    (a) The provisions of sections 203-208 of the Clean Air Act, as 
amended, (42 U.S.C. 7522-7525, 7541-7542) apply to all motor vehicles 
manufactured by a covered manufacturer under this program, and to all 
covered manufacturers and all persons with respect to such vehicles.
    (b) Violation of the requirements of this subpart shall subject a 
person to the jurisdiction and penalty provisions of sections 204-205 of 
the Clean Air Act (42 U.S.C. 7522-7523).
    (c) EPA may not issue a certificate of conformity to a covered 
manufacturer, as defined in Sec. 86.1702, except based on compliance 
with the standards and requirements in this part 86 and 40 CFR part 85.

[62 FR 31242, June 6, 1997. Redesignated at 63 FR 987, Jan. 7, 1998]



Sec. 86.1780-99  Prohibited acts.

    (a) The following acts and the causing thereof are prohibited:
    (1) In the case of a covered manufacturer, as defined by Sec. 
86.1702, of new motor vehicles or new motor vehicle engines for 
distribution in commerce, the sale, or the offering for sale, or the 
introduction, or delivery for introduction, into commerce, or (in the 
case of any person, except as provided by regulation of the 
Administrator), the importation into the United States of any new motor 
vehicle or new motor vehicle engine subject to this subpart, unless such 
vehicle or engine is covered by a certificate of conformity issued (and 
in effect) under regulations found in this subpart (except as provided 
in sec. 203(b) of the Clean Air Act (42 U.S.C. 7522(b)) or regulations 
promulgated thereunder).
    (2)(i) For any person to fail or refuse to permit access to or 
copying of records or to fail to make reports or provide information 
required under sec. 208 of the Clean Air Act (42 U.S.C. 7542) with 
regard to covered vehicles.
    (ii) For a person to fail or refuse to permit entry, testing, or 
inspection authorized under sec. 206(c) (42 U.S.C. 7525(c)) or sec. 208 
of the Clean Air Act (42 U.S.C. 7542) with regard to covered vehicles.
    (iii) For a person to fail or refuse to perform tests, or to have 
tests performed as required under sec. 208 of the Clean Air Act (42 
U.S.C. 7542) with regard to covered vehicles.
    (iv) For a person to fail to establish or maintain records as 
required under Sec. Sec. 86.1723 and 86.1776 with regard to covered 
vehicles.
    (v) For any manufacturer to fail to make information available as 
provided by regulation under sec. 202(m)(5) of the Clean Air Act (42 
U.S.C. 7521(m)(5)) with regard to covered vehicles.
    (3)(i) For any person to remove or render inoperative any device or 
element of design installed on or in a covered vehicle or engine in 
compliance with regulations under this subpart prior to its sale and 
delivery to the ultimate purchaser, or for any person knowingly to 
remove or render inoperative any such device or element of design after 
such sale and delivery to the ultimate purchaser.
    (ii) For any person to manufacture, sell or offer to sell, or 
install, any part or component intended for use with, or as part of, any 
covered vehicle or engine, where a principal effect of the part or 
component is to bypass, defeat, or render inoperative any device or 
element of design installed on or in a covered vehicle or engine in 
compliance with regulations issued under this subpart, and where the 
person knows or

[[Page 349]]

should know that the part or component is being offered for sale or 
installed for this use or put to such use.
    (4) For any manufacturer of a covered vehicle or engine subject to 
standards prescribed under this subpart:
    (i) To sell, offer for sale, introduce or deliver into commerce, or 
lease any such vehicle or engine unless the manufacturer has complied 
with the requirements of sec. 207 (a) and (b) of the Clean Air Act (42 
U.S.C. 7541 (a), (b)) with respect to such vehicle or engine, and unless 
a label or tag is affixed to such vehicle or engine in accordance with 
sec. 207(c)(3) of the Clean Air Act (42 U.S.C. 7541(c)(3)).
    (ii) To fail or refuse to comply with the requirements of sec. 207 
(c) or (e) of the Clean Air Act (42 U.S.C. 7541 (c) or (e)).
    (iii) Except as provided in sec. 207(c)(3) of the Clean Air Act (42 
U.S.C. 7541(c)(3)), to provide directly or indirectly in any 
communication to the ultimate purchaser or any subsequent purchaser that 
the coverage of a warranty under the Clean Air Act is conditioned upon 
use of any part, component, or system manufactured by the manufacturer 
or a person acting for the manufacturer or under its control, or 
conditioned upon service performed by such persons.
    (iv) To fail or refuse to comply with the terms and conditions of 
the warranty under sec. 207 (a) or (b) of the Clean Air Act (42 U.S.C. 
7541 (a) or (b)).
    (b) For the purposes of enforcement of this subpart, the following 
apply:
    (1) No action with respect to any element of design referred to in 
paragraph (a)(3) of this section (including any adjustment or alteration 
of such element) shall be treated as a prohibited act under paragraph 
(a)(3) of this section if such action is in accordance with sec. 215 of 
the Clean Air Act (42 U.S.C. 7549);
    (2) Nothing in paragraph (a)(3) of this section is to be construed 
to require the use of manufacturer parts in maintaining or repairing a 
covered vehicle or engine. For the purposes of the preceding sentence, 
the term ``manufacturer parts'' means, with respect to a motor vehicle 
engine, parts produced or sold by the manufacturer of the motor vehicle 
or motor vehicle engine;
    (3) Actions for the purpose of repair or replacement of a device or 
element of design or any other item are not considered prohibited acts 
under paragraph (a)(3) of this section if the action is a necessary and 
temporary procedure, the device or element is replaced upon completion 
of the procedure, and the action results in the proper functioning of 
the device or element of design;
    (4) Actions for the purpose of a conversion of a motor vehicle or 
motor vehicle engine for use of a clean alternative fuel (as defined in 
title II of the Clean Air Act) are not considered prohibited acts under 
paragraph (a) of this section if:
    (i) The vehicle complies with the applicable standard when operating 
on the alternative fuel; and
    (ii) In the case of engines converted to dual fuel or flexible use, 
the device or element is replaced upon completion of the conversion 
procedure, and the action results in proper functioning of the device or 
element when the motor vehicle operates on conventional fuel.

[62 FR 31242, June 6, 1997. Redesignated at 63 FR 987, Jan. 7, 1998]



  Subpart S_General Compliance Provisions for Control of Air Pollution 

From New and In-Use Light-Duty Vehicles, Light-Duty Trucks, and Complete 

                     Otto-Cycle Heavy-Duty Vehicles

    Source: 64 FR 23925, May 4, 1999, unless otherwise noted.



Sec. 86.1801-01  Applicability.

    (a) Applicability. Except as otherwise indicated, the provisions of 
this subpart apply to new 2001 and later model year Otto-cycle and 
diesel cycle light-duty vehicles, light-duty trucks, medium-duty 
passenger vehicles, and 2005 and later model year Otto-cycle complete 
heavy-duty vehicles (2003 or 2004 model year for manufacturers choosing 
Otto-cycle HDE option 1 or 2, respectively, in Sec. 86.005-1(c)) 
including multi-fueled, alternative fueled, hybrid electric, and zero 
emission vehicles. These provisions also apply to 2001 model year and 
later new incomplete light-

[[Page 350]]

duty trucks below 8,500 Gross Vehicle Weight Rating, and to 2001 and 
later model year Otto-cycle complete heavy-duty vehicles participating 
in the provisions of the averaging, trading, and banking program under 
the provisions of Sec. 86.1817-05(n). 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 of this 
subpart.
    (b) Aftermarket conversions. The provisions of this subpart apply to 
aftermarket conversions of all model year Otto-cycle and diesel-cycle 
light-duty vehicles, light-duty trucks, and complete Otto-cycle heavy-
duty vehicles as defined in 40 CFR 85.502.
    (c) Optional applicability. (1) A manufacturer may request to 
certify any Otto-cycle heavy-duty vehicle of 14,000 pounds Gross Vehicle 
Weight Rating or less in accordance with the light-duty truck provisions 
through the 2004 model year (2002 model year for manufacturers choosing 
Otto-cycle HDE option 1 in Sec. 86.005-1(c) or 2003 model year for 
manufacturers choosing Otto-cycle HDE option 2 in Sec. 86.005-1(c)). 
Heavy-duty engine or heavy-duty vehicle provisions of subpart A of this 
part do not apply to such a vehicle. A 2004 model year heavy-duty 
vehicle optionally certified as a light-duty truck under this provision 
must comply with all provisions applicable to MDPVs including exhaust 
and evaporative emission standards, test procedures, on-board 
diagnostics, refueling standards, phase-in requirements and fleet 
average standards under 40 CFR part 85 and this part.
    (2) Beginning with the 2001 model year, 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 complete heavy-duty vehicles. Heavy-duty engine or heavy-duty 
vehicle provisions of subpart A of this part do not apply to such a 
vehicle.
    (3) A manufacturer may optionally use the provisions of this subpart 
in lieu of the provisions of subpart A beginning with the 2000 model 
year for light-duty vehicles and light-duty trucks. Manufacturers 
choosing this option must comply with all provisions of this subpart. 
Manufacturers may elect this provision for either all or a portion of 
their product line.
    (4) Upon preapproval by the Administrator, a manufacturer may 
optionally certify an aftermarket conversion of a complete heavy-duty 
vehicle greater than 10,000 pounds Gross Vehicle Weight Rating and of 
14,000 pounds Gross Vehicle Weight Rating or less under the heavy-duty 
engine or heavy-duty vehicle provisions of subpart A of this part. Such 
preapproval will be granted only upon demonstration that chassis-based 
certification would be infeasible or unreasonable for the manufacturer 
to perform.
    (5) A manufacturer may optionally certify an aftermarket conversion 
of a complete heavy-duty vehicle greater than 10,000 pounds Gross 
Vehicle Weight Rating and of 14,000 pounds Gross Vehicle Weight Rating 
or less under the heavy-duty engine or heavy-duty vehicle provisions of 
subpart A of this part without advance approval from the Administrator 
if the vehicle was originally certified to the heavy-duty engine or 
heavy-duty vehicle provisions of subpart A of this part.
    (d) Small volume manufacturers. Special certification procedures are 
available for any manufacturer whose projected or actual combined sales 
in all states and territories of the United States 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 40 CFR 85.1505 and 85.1509) are fewer than 15,000 
units for the model year in which the manufacturer seeks certification. 
The small volume manufacturer's light-duty vehicle and light-duty truck 
certification procedures and described in Sec. 86.1838-01.
    (e) National Low Emission Vehicle Program for light-duty vehicles 
and light light-duty trucks. A manufacturer may elect to certify 2001-
2003 model year light-duty vehicles and light light-duty trucks (LDV/
LLDTs) to the provisions of the National Low Emission Vehicle Program 
contained in subpart R of this

[[Page 351]]

part. Subpart R of this part is applicable only to those covered 
manufacturers as defined under the provisions of subpart R of this part. 
All provisions of this subpart S are applicable to vehicles certified 
pursuant to subpart R of this part, except as specifically noted in 
subpart R of this part.
    (f) ``Early'' Tier 2 LDVs, LDTs and MDPVs. Any LDV/LLDT which is 
certified to Tier 2 FTP exhaust standards prior to the 2004 model year, 
or any HLDT or MDPV which is certified to the Tier 2 FTP exhaust 
standards prior to the 2008 model year, to utilize alternate phase-in 
schedules and/or for purposes of generating and banking Tier 2 
NOX credits, must comply with all the exhaust emission 
requirements applicable to Tier 2 LDV/LLDTs or HLDT/ MDPVs, as 
applicable, under this subpart.
    (g) Interim non-Tier 2 LDVs, LDTs and MDPVs. Model year 2004-2008 
LDVs, LDTs and MDPVs, that do not comply with the Tier 2 FTP exhaust 
emission requirements (interim non-Tier 2 LDV/LLDTs and interim non-Tier 
2 HLDT/MDPVs) as permitted under the phase-in requirements of Sec. 
86.1811-04(k) must comply with all applicable interim non-Tier 2 exhaust 
emission requirements contained in this subpart, including FTP exhaust 
emission requirements for all interim non-Tier 2 LDV/LLDTs and HLDT/
MDPVs found at Sec. 86.1811-04(l). Additional emission bins and 
separate fleet average NOX emission standards and other 
provisions are provided for interim non-Tier 2 LDV/LLDTs, and interim 
non-Tier 2 HLDT/MDPVs.
    (h) Applicability of provisions of this subpart to LDVs, LDTs, MDPVs 
and HDVs. Numerous sections in this subpart provide requirements or 
procedures applicable to a ``vehicle'' or ``vehicles.'' Unless otherwise 
specified or otherwise determined by the Administrator, the term 
``vehicle'' or ``vehicles'' in those provisions apply equally to LDVs, 
LDTs, MDPVs and HDVs.

[64 FR 23925, May 4, 1999, as amended at 65 FR 6851, Feb. 10, 2000; 65 
FR 59963, Oct. 6, 2000; 67 FR 72825, Dec. 6, 2002]



Sec. 86.1802-01  Section numbering; construction.

    (a) Section numbering. 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 applicable. The 
section continues to apply to subsequent model years unless a later 
model year section is adopted. Example: Section 86.18xx-01 applies to 
the 2001 and subsequent model years. If a Sec. 86.18xx-03 is 
promulgated it would apply beginning with the 2003 model year; Sec. 
86.18xx-01 would apply to model years 2001 through 2002.
    (b) A section reference without a model year suffix refers to the 
section applicable for the appropriate model year.



Sec. 86.1803-01  Definitions.

    The following definitions apply to this subpart:
    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.
    866 Cycle means the test cycle that consists of the last 866 seconds 
(seconds 506 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.
    Abnormally treated vehicle means 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.
    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.
    Accuracy means the difference between a measurement and true value.
    Act means Part A of Title II of the Clean Air Act as amended, 42 
U.S.C., 7401, et seq.

[[Page 352]]

    Adjusted Loaded Vehicle Weight means the numerical average of 
vehicle curb weight and gross vehicle weight rating (GVWR).
    Administrator means the Administrator of the Environmental 
Protection Agency or his/her authorized representative.
    Alternative fuels means any fuel other than gasoline and diesel 
fuels, such as methanol, ethanol, and gaseous fuels.
    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.
    As-received condition means the condition of an in-use vehicle 
procured for emission testing required by this subpart upon which no 
adjustments, maintenance, or component replacement has occurred 
subsequent to the vehicle's last routine operation by the vehicle's 
owner, lessee, or operator prior to procurement.
    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.
    Averaging for chassis-bases heavy-duty vehicles means the exchange 
of NOX emission credits among test groups within a given 
manufacturer's product line.
    Averaging set means a subcategory of complete heavy-duty vehicles 
within which test groups can average and trade emission credits with one 
another.
    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.
    Banking means one of the following:
    (1) The retention of NOX emission credits for complete 
heavy-duty vehicles by the manufacturer generating the emission credits, 
for use in future model year certification programs as permitted by 
regulation.
    (2) The retention of cold temperature non-methane hydrocarbon (NMHC) 
emission credits for light-duty vehicles, light-duty trucks, and medium-
duty passenger vehicles by the manufacturer generating the emission 
credits, for use in future model year certification programs as 
permitted by regulation.
    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.
    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.
    Bin or emission bin means a set of emission standards applicable to 
exhaust pollutants measured on the Federal Test Procedure (FTP). A bin 
is equivalent to a horizontal row of FTP standards in Tables S04-1 and 
S04-2 shown in this subpart. Manufacturers are generally free to choose 
the bin of standards that will apply to a certain test group of 
vehicles, provided that on a sales weighted average of those bins, all 
of their vehicles meet a specified fleet average standard for a 
particular pollutant.
    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 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

[[Page 353]]

separate division of a single manufacturer.
    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.
    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.
    Calibration gas means a gas of known concentration which is used to 
establish the response curve of an analyzer.
    CalLEV II or California LEV II refers to California's second phase 
of its low emission vehicle (LEV) program. This program was adopted at 
the hearing of the California Air Resources Board held on November 5, 
1998 and became effective on November 27, 1999.
    Candidate in-use vehicle means an in-use vehicle which would be 
eligible to participate in the in-use verification program in accordance 
with Sec. 86.1845-01.
    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, light-duty trucks, and complete 
heavy-duty vehicles are considered to be different car lines than 
passenger cars.
    Certification Short Test (CST) 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.
    Complete heavy-duty vehicle means any Otto-cycle heavy-duty vehicle 
of 14,000 pounds Gross Vehicle Weight Rating or less that has the 
primary load carrying device or container attached at the time the 
vehicle leaves the control of the manufacturer of the engine.
    Configuration means a subclassification within a test group which is 
based on engine code, inertia weight class, transmission type and gear 
ratios, final drive ratio, and other parameters which may be designated 
by the Administrator.
    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.).
    Crankcase emissions means airborne substances emitted to the 
atmosphere from any portion of the engine crankcase ventilation or 
lubrication systems.
    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.
    Critical emission-related maintenance means that maintenance to be 
performed on critical emission-related components.
    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. 86.1832-01; incomplete 
light-duty trucks shall have the curb weight specified by the 
manufacturer.
    Curb-idle means, for manual transmission code motor vehicles, 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 motor vehicles, 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.

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    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.
    Dedicated vehicle means any motor vehicle engineered and designed to 
be operated using a single fuel. Flexible fuel vehicles and multi-fuel 
vehicles are not dedicated vehicles.
    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 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.
    Departure angle means the smallest angle, in a plan side view of a 
motor vehicle, formed by the level surface on which the motor vehicle is 
standing and a line tangent to the rear tire static loaded radius arc 
and touching the underside of the motor vehicle rearward of the rear 
tire.
    Diesel means a 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.
    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.
    Diurnal breathing losses means diurnal emissions.
    Diurnal emissions means evaporative emissions resulting from the 
daily cycling of ambient temperatures.
    Drive train configuration means a unique combination of engine code, 
transmission configuration, and axle ratio.
    Dual fuel vehicle means any motor vehicle engineered and designed to 
be operated on two different fuels, but not on a mixture of the fuels.
    Durability data vehicle means a vehicle used to generate durability 
data as required in this subpart.
    Durability group means the basic classification unit of a 
manufacturer's product line used for the purpose of selecting a vehicle 
configuration to demonstrate durability and predict deterioration in 
accordance with Sec. 86.1822-01.
    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 light-duty truck or complete heavy-duty vehicle 
alternative useful life periods approved by the Administrator under 
Sec. 86.1805-01(c). 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. 86.1829-01.
    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.
    Emission control system is a unique group of emission control 
devices, auxiliary emission control devices, engine modifications and 
strategies, and other elements of design designated by the Administrator 
used to control exhaust emissions of a vehicle.
    Emission credits mean the amount of emission reductions or 
exceedances, by a complete heavy-duty vehicle test group, below or above 
the emission standard, respectively. Emission credits below the standard 
are considered as ``positive credits,'' while emission

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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 test group. ``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.
    Emission-related component means any component which can affect 
emissions.
    Emission-related maintenance means that maintenance which does 
substantially affect emissions or which is likely to affect the 
emissions deterioration of the vehicle during normal in-use operation, 
even if the maintenance is performed at some time other than that which 
is recommended.
    Engine code means a unique combination within a test group of 
displacement, fuel injection (or carburetor) calibration, choke 
calibration, distributor calibration, auxiliary emission control 
devices, and other engine and emission control system components 
specified by the Administrator.
    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.
    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.
    EPA Enforcement Officer means any officer or employee of the 
Environmental Protection Agency so designated in writing by the 
Administrator (or by his/her designee).
    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 this part.
    Evaporative emissions means hydrocarbons emitted into the atmosphere 
from a motor vehicle, other than exhaust and crankcase emissions.
    Evaporative/refueling 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 code means a unique combination, in 
an evaporative/refueling 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/refueling 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. 86.1821-01.
    Evaporative/refueling 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.
    Exhaust gas recirculation valve means a device which directs a 
portion of the exhaust gas into the intake air stream for the purpose of 
controlling emissions.
    Family emission limit (FEL) means an emission level declared by the 
manufacturer which serves in lieu of an emission standard for 
certification purposes in the averaging, trading and banking program. 
FELs must be expressed to the same number of decimal places as the 
applicable emission standard.
    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.

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    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.
    Fleet average cold temperature NMHC standard means, for light-duty 
vehicles, light-duty trucks and medium-duty passenger vehicles, an NMHC 
cold temperature standard imposed over an individual manufacturer's 
total 50-State U.S. sales (or a fraction of total U.S. sales during 
phase-in years), as ``U.S. sales'' is defined to include all national 
sales, including points-of-first sale in California, of a given model 
year. Manufacturers determine their compliance with such a standard by 
averaging, on a sales-weighted basis, the individual NMHC ``Family 
Emission Limits'' (FEL--as defined in this subpart) to which light-duty 
vehicles, light-duty trucks and medium-duty passenger vehicles were 
certified and sold for that model year.
    Fleet average NOX standard means, for light-duty vehicles, light-
duty trucks and medium-duty passenger vehicles, a NOX 
standard imposed over an individual manufacturer's total U.S. sales (or 
a fraction of total U.S. sales during phase-in years), as `U.S. sales' 
is defined in this subpart, of a given model year. Manufacturers 
determine their compliance with such a standard by averaging, on a sales 
weighted basis, the individual NOX standards they choose for 
the fleet of light-duty vehicles, light-duty trucks and medium-duty 
passenger vehicles they sell of that model year.
    Flexible fuel vehicle means any motor vehicle engineered and 
designed to be operated on a petroleum fuel, a methanol fuel, or any 
mixture of the two. Methanol-fueled vehicles that are only marginally 
functional when using gasoline (e.g., the engine has a drop in rated 
horsepower of more than 80 percent) are not flexible fuel vehicles.
    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.
    Gaseous fuel means natural gas or liquefied petroleum gas.
    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.
    Heating degree day means the number of degrees per day the daily 
average temperature is below 65 degrees Fahrenheit. The daily average 
temperature is the mean of the maximum and minimum temperature for a 24-
hour period. The annual heating degree day value is derived by summing 
the daily heating degree days over a calendar year period.
    Heavy light-duty truck means any light-duty truck rated greater than 
6000 lbs GVWR. The LDT3 and LDT4 classifications comprise the heavy 
light-duty truck category.
    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 kPa (24.2 inches Hg) plus or 
minus 1 kPa (0.30 Hg).
    Hot-soak emissions and Hot-soak losses means evaporative emissions 
after termination of engine operation.
    Incomplete heavy-duty vehicle means any heavy-duty vehicle which 
does not

[[Page 357]]

have the primary load carrying device or container attached.
    Incomplete truck means any truck which does not have the primary 
load carrying device or container attached.
    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).
    Inertia weight class means the class, which is a group of equivalent 
test weights, into which a vehicle is grouped based on its test weight 
basis in accordance with the provisions of this part 86.
    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.
    Interim non-Tier 2 vehicle, interim non-Tier 2 LDV/LLDT, interim 
non-Tier 2 HLDT/MDPV, or interim vehicle refer to 2004 or later model 
year light-duty vehicles, light-duty trucks or MDPVs, or a specific 
combination thereof, not certified to Tier 2 FTP exhaust emission 
standards during the Tier 2 phase-in period. Model year 2004 HLDTs 
belonging to test groups whose model year commences before December 21, 
2003, are not interim non-Tier 2 HLDTs unless their manufacturer chooses 
to comply with the interim requirements applicable to HLDTs for all of 
its 2004 model year HLDTs as permitted in this subpart. Similarly 2004 
model year heavy-duty vehicles whose model year commences before 
December 21, 2003, are not interim non-Tier 2 MDPVs unless their 
manufacturer chooses to comply with the interim requirements applicable 
to MDPVs for all of its 2004 model year MDPVs as permitted in this 
subpart. The terms interim non-Tier 2 vehicle, interim non-Tier 2 LDV, 
interim non-Tier 2 LDT, interim non-Tier 2 HLDT, interim non-Tier 2 
MDPV, etc. have the same meaning without the words ``non-Tier 2''.
    Intermediary means any individual or entity, other than a 
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 subpart C of this 
part, at temperatures between 25 deg.F (-4 deg. C) and 68 deg. F (20 
deg. C).
    In-use vehicle means a customer owned and operated vehicle which is 
not under the control of the manufacturer, dealerships or their agents. 
Leased vehicles will be considered in-use vehicles for the purpose of 
this subpart if the vehicles meet the criteria specified in Sec. 
86.1845-01.
    In-use verification program (IUVP) means the testing program 
conducted by manufacturers which gathers in-use emission data in 
accordance with Sec. 86.1848-01.
    LDV/T means light-duty vehicles and light-duty trucks collectively, 
without regard to category.
    Light light-duty truck means any light-duty truck rated up through 
6000 lbs GVWR. The LDT1 and LDT2 classifications compose the light 
light-duty truck category.
    Light-duty truck means any motor vehicle rated at 8,500 pounds GVWR 
or less which has a 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 truck 1 (LDT1) means any light light-duty truck up 
through 3750 lbs loaded vehicle weight.
    Light-duty truck 2 (LDT2) means any light light-duty truck greater 
than 3750 lbs loaded vehicle weight.
    Light-duty truck 3 (LDT3) means any heavy light-duty truck up 
through 5750 lbs adjusted loaded vehicle weight.
    Light-duty truck 4 (LDT4) means any heavy light-duty truck greater 
than 5750 lbs adjusted loaded vehicle weight.
    Light-duty vehicle means a passenger car or passenger car derivative 
capable of seating 12 passengers or less.
    Liquefied petroleum gas means a liquid hydrocarbon fuel that is 
stored under

[[Page 358]]

pressure and is composed primarily of species that are gases at 
atmospheric conditions (temperature = 25 deg. C and pressure = 1 atm), 
excluding natural gas.
    Loaded vehicle weight means the vehicle's 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 certification application).
    Medium-duty passenger vehicle (MDPV) means any heavy-duty vehicle 
(as defined in this subpart) with a gross vehicle weight rating (GVWR) 
of less than 10,000 pounds that is designed primarily for the 
transportation of persons. The MDPV definition does not include any 
vehicle which:
    (1) Is an ``incomplete truck'' as defined in this subpart; or
    (2) Has a seating capacity of more than 12 persons; or
    (3) Is designed for more than 9 persons in seating rearward of the 
driver's seat; or
    (4) Is equipped with an open cargo area (for example, a pick-up 
truck box or bed) of 72.0 inches in interior length or more. A covered 
box not readily accessible from the passenger compartment will be 
considered an open cargo area for purposes of this definition.
    Methanol-fueled vehicle 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. 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.
    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.
    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.
    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.
    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.
    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.
    Non-methane organic gases (NMOG) means the sum of oxygenated and 
non-oxygenated hydrocarbons contained in a gas sample as measured in 
accordance with the California Non-Methane Organic Gas Test Procedures. 
These requirements are incorporated by reference (see Sec. 86.1)
    Non-oxygenated hydrocarbon means organic emissions measured by a 
flame ionization detector, excluding methanol.
    N/V means the ratio of engine speed in revolutions per minute (rpm) 
to vehicle speed in miles per hour in the top transmission gear. At the 
manufacturer's option, either the 1:1 transmission gear ratio or the 
lowest numerical gear

[[Page 359]]

ratio available in the transmission will be used to determine N/V.
    Option, in the context of a vehicle design feature, means any 
available equipment or feature not standard equipment on a model.
    Original Equipment Manufacturer (OEM) means the manufacturer 
responsible for the design and production of a vehicle or component. 
This manufacturer will be fully knowledgeable of any production changes 
made to the design of the vehicle or component and shall be able to 
track the individual vehicles or component with regard to such 
production changes.
    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.
    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.
    Periodically regenerating trap oxidizer system means a trap oxidizer 
that utilizes, during normal driving conditions, an automated 
regeneration mode for cleaning the trap, the operation of which can be 
easily detected.
    Petroleum fuel means liquid fuels normally derived from crude oil, 
excluding liquefied petroleum gas. Gasoline and diesel fuel are 
petroleum fuels.
    Point of first sale means the location where the completed vehicle 
is first purchased. This term is synonymous with final product purchase 
location. The point of first sale may be a retail customer, dealer, 
distributor, fleet operator, broker, secondary manufacturer, or any 
other entity which purchases a vehicle from a manufacturer. In cases 
where the end user purchases the completed vehicle directly from the 
manufacturer, the end user is the point of first sale.
    Precision means the standard deviation of replicated measurements.
    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 
test group, 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 test group. 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 test group.
    Recall program means the program administered by the Agency under 
the authority of CAA section 207, and regulations in 40 CFR part 85.
    Reconfigured emission-data vehicle means an emission-data vehicle 
obtained by modifying a previously used emission-data vehicle to 
represent another emission-data vehicle.
    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.
    Round, rounded or rounding means, unless otherwise specified, that 
numbers will be rounded according to ASTM-E29-93a, which is incorporated 
by reference in this part pursuant to Sec. 86.1.
    Running change means a change to a vehicle or addition of a model 
which occurs after certification but during vehicle production.
    Running losses means evaporative emissions that occur during vehicle 
operation.
    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.

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    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 from inspection to correct an overt indication 
of vehicle malfunction or failure for which periodic maintenance is not 
appropriate.
    Secondary air injection means a system whereby air (not ingested by 
the engine) is introduced into the exhaust system in front of a 
catalyst.
    Similar emission control systems are engine, fuel metering and 
emission control system combinations which use the same fuel (e.g., 
gasoline, diesel, etc.), combustion cycle (e.g., two or four stroke), 
general type of fuel system (e.g., carburetor or fuel injection), 
catalyst system (e.g., none, oxidization, three-way plus oxidization, 
three-way only, etc.), fuel control system (e.g., feedback or non-
feedback), secondary air system (e.g., equipped or not equipped) and 
exhaust gas recirculation (EGR) (e.g., equipped or not equipped).
    Span gas means a gas of known concentration which is used routinely 
to set the output level of an analyzer.
    Special features enabling off-street or off-highway operation and 
use means a vehicle that has:
    (1) Four-wheel drive; and
    (2) 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; approach angle of 
not less than 28 degrees, breakover angle of not less than 14 degrees, 
departure angle of not less than 20 degrees, running clearance of not 
less than 8 inches, and front and rear axle clearances of not less than 
7 inches each.
    Spitback emissions means evaporative emissions resulting from the 
loss of liquid fuel that is emitted from a vehicle during a fueling 
operation.
    Standard equipment means those features or equipment which are 
marketed on a vehicle over which the purchaser can exercise no choice.
    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 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.
    Supplemental FTP (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.
    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 is rounded to the nearest tenth of a 
U.S. gallon in accordance with the Rounding-Off Method specified in ASTM 
E29-93a, Standard Practice for Using Significant Digits in Test Data to 
Determine Conformance with Specifications (incorporated by reference; 
see Sec. 86.1)
    Test group means the basic classification unit within a durability 
group used for the purpose of demonstrating compliance with exhaust 
emission standards in accordance with Sec. 86.1841-01. The test group 
is also used as a classification unit for gathering in-use data for the 
In-Use Verification Program (IUVP) in accordance with Sec. 86.1848-01.
    Test weight basis means the basis on which equivalent test weight is 
determined in accordance with Sec. 86.129-00 of subpart B of this part.
    Throttle means a device used to control an engine's power output by 
limiting the amount of air entering the combustion chamber.
    Tier 2 HLDT/MDPV means any heavy light-duty truck or medium-duty 
passenger vehicle, including HEVs and ZEVs, of the 2008 or later model 
year certified to comply with the Tier 2 FTP

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exhaust standards contained in Sec. 86.1811-04 including the 0.07 g/mi 
fleet average NOX standard. The term Tier 2 HLDT/MDPV also 
includes any heavy light-duty truck or medium-duty passenger vehicle, of 
any model year, which is certified to Tier 2 FTP exhaust standards for 
purposes of generating or banking early NOX credits for 
averaging under Tier 2 requirements, or utilizing alternate phase-in 
schedules, as allowed in this subpart.
    Tier 2 LDV/LLDT means any light-duty vehicle or light light-duty 
truck, including HEVs and ZEVs, of the 2004 or later model year 
certified to comply with the Tier 2 FTP exhaust standards contained in 
Sec. 86.1811-04 including the 0.07 g/mi fleet average NOX 
standard. The term Tier 2 LDV/LLDT also includes any light-duty vehicle 
or light light-duty truck, of any model year, which is certified to Tier 
2 FTP exhaust standards for purposes of generating or banking early 
NOX credits for averaging under Tier 2 requirements, or 
utilizing alternate phase-in schedules as allowed in this subpart.
    Tier 2 standards means those FTP exhaust emission standards 
including the 0.07 g/mi full useful life fleet average NOX standard, 
applicable to new light-duty vehicles and light light-duty trucks that 
begin a phase-in in the 2004 model year, and those exhaust emission 
standards including the 0.07 g/mi full useful life fleet average NOX 
standard, applicable to heavy light-duty trucks and medium-duty 
passenger vehicles that begin a phase-in in the 2008 model year. These 
standards are found in Sec. 86.1811-04 of this subpart.
    Tier 2 vehicle means any vehicle certified to comply with the Tier 2 
FTP exhaust standards contained in Sec. 86.1811-04 including the 0.07 
g/mi fleet average NOX standard.
    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 complete heavy-duty vehicle 
NOX emission credits between manufacturers.
    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 she/he determines that significant fuel economy 
or exhaust emission differences exist within that transmission 
configuration.
    U.S. heavy-duty vehicle sales means sales of heavy-duty vehicles 
subject to the standards of this subpart, where the sale takes place in 
any state of the United States except for California (or a state that 
has adopted California motor vehicle standards for that model year 
pursuant to section 177 of the Clean Air Act).
    U.S. sales means, unless otherwise specified, sales in any state of 
the United States except for California or a state that has adopted 
California motor vehicle standards for that model year pursuant to 
section 177 of the Clean Air Act. This definition applies only to those 
regulatory requirements addressing Tier 2 and interim non-Tier 2 
vehicles.
    Unproven emission control systems are emission control components or 
systems (and fuel metering systems) that do not qualify as proven 
emission control systems.
    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.
    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.

[[Page 362]]

    Useful life means the period of use or time during which an emission 
standard applies to light-duty vehicles and light-duty trucks, as 
described in Sec. 86.1805-01.
    Van means a light-duty truck or complete heavy-duty vehicle 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.
    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.

[64 FR 23925, May 4, 1999, as amended at 65 FR 6851, Feb. 10, 2000; 65 
FR 59964, Oct. 6, 2000; 66 FR 5189, Jan. 18, 2001; 71 FR 2829, Jan. 17, 
2006; 72 FR 8561, Feb. 26, 2007]



Sec. 86.1804-01  Acronyms and abbreviations.

    The following abbreviations apply to this subpart:

A/C--Air conditioning.
AECD--Auxiliary emission control device.
A/F--Air/Fuel
ALVW--Adjusted Loaded Vehicle Weight.
API--American Petroleum Institute.
ASTM--American Society for Testing and Materials.
BAT--Bench-Aging Time
C--Celsius.
cfm--Cubic feet per minute.
CFV--Critical flow venturi.
CFV-CVS--Critical flow venturi--constant volume sampler.
CH3OH--Methanol.
CID--Cubic inch displacement.
Cl--Chemiluminescence.
CO--Carbon monoxide.
CO2--Carbon dioxide.
conc.--Concentration.
CST--Certification Short Test.
cu. in.--Cubic inch(es).
CVS--Constant volume sampler.
DDV--Durability Data Vehicle.
deg.--Degree(s).
DNPH--2,4-dinitrophenylhydrazine.
EDV--Emission Data Vehicle.
EP--End point.
ETW--Equivalent test weight.
F--Fahrenheit.
FEL--Family Emission Limit.
FID--Flame ionization detector.
ft.--Feet.
FTP--Federal Test Procedure.
g--gram(s).
gal.--U.S. gallon(s).
GC--Gas chromatograph.
GVW--Gross vehicle weight.
GVWR--Gross vehicle weight rating.
H2O--Water.
HC--Hydrocarbon(s).
HCHO--Formaldehyde.
HDV--Heavy-duty vehicle.
HEV--Hybrid electric vehicle.
HFID--Heated flame ionization detector.
Hg--Mercury.
HLDT--Heavy light-duty truck. Includes only those trucks over 6000 
pounds GVWR (LDT3s and LDT4s).
HLDT/MDPV--Heavy light-duty trucks and medium-duty passenger vehicles.
hp--Horsepower.
HPLC--High-pressure liquid chromatography.
IBP--Initial boiling point.
in.--Inch(es).
IUVP--In-Use Verification Program.
K--Kelvin.
kg--Kilogram(s).
km--Kilometer(s).
kPa--Kilopascal(s).
lb.--Pound(s).
LDT1--Light-duty truck 1.
LDT2--Light-duty truck 2.
LDT3--Light-duty truck 3.
LDT4--Light-duty truck 4.
LDV/LLDT--Light-duty vehicles and light light-duty trucks. Includes only 
those trucks rated at 6000 pounds GVWR or less (LDT1s and LDT2s).
LDV/T--Light-duty vehicles and light-duty trucks. This term is used 
collectively to include, or to show that a provision applies to, all 
light-duty vehicles and all categories of light-duty trucks, i.e.
LDT1, LDT2, LDT3 and LDT4.
LEV--Low Emission Vehicle.
LPG--Liquefied Petroleum Gas.
m--Meter(s).
max.--Maximum.
MDPV--Medium-duty passenger vehicle.
mg--Milligram(s).
mi.--Mile(s).
min.--Minimum.
ml--Milliliter(s).
mm--Millimeter(s).
mph--Miles per hour.
mV--Millivolt
N2--Nitrogen.
NDIR--Nondispersive infrared.
NLEV--Refers to the National Low Emission Vehicle Program. Regulations 
governing this program are found at subpart R of this part.
NMHC--Nonmethane Hydrocarbons.
NMHCE--Non-Methane Hydrocarbon Equivalent.
NMOG--Non-methane organic gases.

[[Page 363]]

NO--nitric oxide.
No.--Number.
O2--Oxygen.
OEM--Original equipment manufacturer.
NO2--Nitrogen dioxide.
NOX--Oxides of nitrogen.
Pb--Lead.
pct.--Percent.
PDP-CVS--Positive displacement pump--constant volume sampler.
ppm--Parts per million by volume.
PM--Particulate Matter.
ppm C--Parts per million, carbon.
psi--Pounds per square inch.
R--Rankin.
RAF--Reactivity adjustment factor.
rpm--Revolutions per minute.
RVP--Reid vapor pressure.
s--Second(s).
SAE--Society of Automotive Engineers.
SBC--Standard Bench Cycle
SFTP--Supplemental Federal Test Procedure.
SI--International system of units.
SRC--Standard Road Cycle
SULEV--Super Ultra Low Emission Vehicle.
TD--dispensed fuel temperature.
THC--Total Hydrocarbons.
THCE--Total Hydrocarbon Equivalent.
TLEV--Transitional Low Emission Vehicle.
UDDS--Urban dynamometer driving schedule.
ULEV--Ultra Low Emission Vehicle.
UV--Ultraviolet.
vs--Versus.
W--Watt(s).
WOT--Wide open throttle.
Wt.--Weight.
ZEV--Zero Emission Vehicle.

[64 FR 23925, May 4, 1999, as amended at 65 FR 6852, Feb. 10, 2000; 65 
FR 59965, Oct. 6, 2000; 71 FR 2829, Jan. 17, 2006]



Sec. 86.1805-01  Useful life.

    (a) For light-duty vehicles and light-duty trucks, intermediate 
useful life is a period of use of 5 years or 50,000 miles, whichever 
occurs first.
    (b) Full useful life is as follows:
    (1) For light-duty vehicles and light light-duty trucks full useful 
life is a period of use of 10 years or 100,000 miles, which ever occurs 
first.
    (2) For heavy light-duty trucks full useful life is a period of use 
of 11 years or 120,000 miles, which ever occurs first.
    (3) For complete heavy-duty vehicles, the full useful life is a 
period of use of 11 years or 120,000 miles, which ever occurs first.
    (c) Manufacturers may petition the Administrator to provide 
alternative useful life periods for light-duty trucks or complete heavy-
duty vehicles when they believe that the useful life periods are 
significantly unrepresentative for one or more test groups (either too 
long or too short). 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 light-duty trucks, 
alternative useful life periods will be granted only for THC, THCE, and 
idle CO requirements.

[64 FR 23925, May 4, 1999, as amended at 65 FR 59965, Oct. 6, 2000]



Sec. 86.1805-04  Useful life.

    (a) Except as required under paragraph (b) of this section or 
permitted under paragraphs (d), (e) and (f) of this section, the full 
useful life for all LDVs, LDT1s and LDT2s is a period of use of 10 years 
or 120,000 miles, whichever occurs first. For all HLDTs, MDPVs, and 
complete heavy-duty vehicles full useful life is a period of 11 years or 
120,000 miles, whichever occurs first. This full useful life applies to 
all exhaust, evaporative and refueling emission requirements except for 
standards which are specified to only be applicable at the time of 
certification.
    (b) Manufacturers may elect to optionally certify a test group to 
the Tier 2 exhaust emission standards for 150,000 miles to gain 
additional NOX credits, as permitted in Sec. 86.1860-04(g), 
or to opt out of intermediate life standards as permitted in Sec. 
86.1811-04(c). In such cases, useful life is a period of use of 15 years 
or 150,000 miles, whichever occurs first, for all exhaust, evaporative 
and refueling emission requirements except for cold CO standards and 
standards which are applicable only at the time of certification.
    (c) Where intermediate useful life exhaust emission standards are 
applicable, such standards are applicable for five years or 50,000 
miles, whichever occurs first.
    (d) Where cold CO standards are applicable, the useful life 
requirement for

[[Page 364]]

compliance with the cold CO standard only, is 5 years or 50,000 miles, 
whichever occurs first.
    (e) Where LDVs, LDT1s and LDT2s of the 2003 or earlier model years 
are certified to Tier 2 exhaust emission standards for purposes of 
generating early Tier 2 NOX credits, manufacturers may 
certify those vehicles to full useful lives of 100,000 miles in lieu of 
the otherwise required 120,000 mile full useful lives, as provided under 
Sec. 86.1861-04(c)(4).
    (f) For interim non-Tier 2 LDV/LLDTs, the useful life requirement 
for exhaust, evaporative and refueling emissions is 10 years or 100,000 
miles, whichever occurs first.
    (g) Where cold temperature NMHC standards are applicable, the useful 
life requirement for compliance with the cold temperature NMHC standard 
only is as follows:
    (1) For LDV/LLDTs, 10 years or 120,000 miles, whichever occurs 
first.
    (2) For HLDT/MDPVs, 11 years or 120,000 miles, whichever occurs 
first.

[65 FR 6852, Feb. 10, 2000, as amended at 65 FR 59965, Oct. 6, 2000; 72 
FR 8561, Feb. 26, 2007]



Sec. 86.1806-01  On-board diagnostics.

    (a)(1) Except as provided by paragraph (a)(2) of this section, all 
light-duty vehicles, light-duty trucks and MDPVs must be equipped with 
an onboard 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 must 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.
    (2) Diesel fueled chassis-certified MDPVs and engine-certified 
diesel engines used in MDPVs, are subject to the requirements of this 
section only if the exhaust emission certification of the applicable 
test group is being carried across from a California configuration to 
which California OBD-II requirements are applicable.
    (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, the secondary air system, if equipped, and the fuel 
control system, singularly resulting in exhaust emissions exceeding 1.5 
times the applicable emission

[[Page 365]]

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) For Tier 2 and interim non-Tier 2 hybrid electric vehicles 
(HEVs) only. Unless added to HEVs in compliance with other requirements 
of this section, or unless otherwise approved by the Administrator:
    (i) The manufacturer must equip each HEV with a maintenance 
indicator consisting of a light that must activate automatically by 
illuminating the first time the minimum performance level is observed 
for each battery system component. Possible battery system components 
requiring monitoring are: battery water level, temperature control, 
pressure control, and other parameters critical for determining battery 
condition.
    (ii) The manufacturer must equip ``off-vehicle charge capable HEVs'' 
with a useful life indicator for the battery system consisting of a 
light that must illuminate the first time the battery system is unable 
to achieve an all-electric operating range (starting from a full state-
of-charge) which is at least 75 percent of the range determined for the 
vehicle in the Urban Driving Schedule portion of the All-Electric Range 
Test (see the 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. These requirements are 
incorporated by reference (see Sec. 86.1).
    (iii) The manufacturer must equip each HEV with a separate odometer 
or other device subject to the approval of the Administrator that can 
accurately measure the mileage accumulation on the engines used in these 
vehicles.
    (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.

[[Page 366]]

    (d) MIL illumination. (1) 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 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.
    (2)(i) For interim non-Tier 2 and Tier 2 LDV/LLDTs and HLDT/MDPVs, 
vehicles produced through the 2007 model year, upon a manufacturer's 
written request, EPA will consider allowing the use of an on-board 
diagnostic system during the certification process, that functions 
properly on low-sulfur gasoline, but indicates sulfur-induced passes 
when exposed to high sulfur gasoline.
    (ii) For interim non-Tier 2 and Tier 2 LDV/LLDTs and HLDT/MDPVs, if 
vehicles produced through the 2007 model year exhibit illuminations of 
the emission control diagnostic system malfunction indicator light due 
to high sulfur gasoline, EPA will consider, upon a manufacturer's 
written request, allowing modifications to such vehicles on a case-by-
case basis so as to eliminate the sulfur induced illumination.
    (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 as 
described 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

[[Page 367]]

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, 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 
described 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 as 
described 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-

[[Page 368]]

off unit such as a dump bed, snow plow blade, or aerial bucket, etc.
    (h) Reference materials. The emission control diagnostic system 
shall provide for standardized access and conform with the following 
standards that we incorporate by reference in Sec. 86.1:
    (1) Except as specified in paragraph (h)(2) of this section, SAE 
J1850 ``Class B Data Communication Network Interface,'' (July 1995) 
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.
    (2) 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.
    (3) Basic diagnostic data (as specified in Sec. 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.''
    (4) Diagnostic trouble codes shall be consistent with SAE J2012 July 
1996 ``Recommended Practices for Diagnostic Trouble Code Definitions.''
    (5) The connection interface between the OBD system and test 
equipment and diagnostic tools shall meet the functional requirements of 
SAE J1962 January 1995 ``Diagnostic Connector.''
    (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.
    (k) 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 (k)(5) and (k)(6) of this section apply to diesel cycle 
vehicles and diesel cycle trucks where

[[Page 369]]

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.

[64 FR 23925, May 4, 1999, as amended at 65 FR 6853, Feb. 10, 2000; 69 
FR 18803, Apr. 9, 2004; 71 FR 51488, Aug. 30, 2006]



Sec. 86.1806-04  On-board diagnostics.

    This Sec. 86.1806-04 includes text that specifies requirements that 
differ from Sec. 86.1806-01. Where a paragraph in Sec. 86.1806-01 is 
identical and applicable to Sec. 86.1806-04 this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.1806-01.''
    (a)-(g). [Reserved]. For guidance see Sec. 86.1806-01.
    (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. (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 
checksums.
    (ii) Basic diagnostic data (as specified in Sec. 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

[[Page 370]]

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.
    (i) [Reserved]. For guidance see Sec. 86.1806-01.
    (j) California OBDII compliance option. For light-duty vehicles, 
light-duty trucks, and heavy-duty vehicles 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) [Reserved]. For guidance see Sec. 86.1806-01.
    (l) Thresholds for California OBD II Compliance Option. For the 
purposes of complying with the provisions set forth above in paragraph 
(j), vehicles certified to Tier 2 standards shall utilize multiplicative 
factors from the California vehicle type (i.e. LEV II, ULEV II) 
corresponding to the Tier 2 to which the vehicles are certified. 
Vehicles certified to Tier 2, Bin 4 emissions standards shall utilize 
the Tier 2 Bin 4 emission standards and the CARB ULEV II multiplicative 
factors to determine the appropriate OBD malfunction threshold for all 
pollutants except NOX, for which they shall utilize that CARB 
SULEV II multiplicative factors. Vehicles certified to Tier 2, Bin 3 
emissions standards shall utilize the Tier 2 Bin 3 emission standards 
and the CARB ULEV II multiplicative factors to determine the appropriate 
OBD malfunction threshold for all pollutants except NOX, for 
which they shall utilize that CARB SULEV II multiplicative factors. 
Vehicles certified to Tier 2, Bin 2 emissions standards shall utilize 
the Tier 2 Bin 2 emission standards and the CARB SULEV II multiplicative 
factors to determine the appropriate OBD malfunction threshold. Vehicles 
certified to Tier 2 Bin 7 or higher shall utilize the CARB LEV II 
multiplicative factors to determine the appropriate OBD malfunction 
threshold.

[68 FR 35799, June 17, 2003, as amended at 70 FR 75410, Dec. 20, 2005; 
71 FR 51488, Aug. 30, 2006]



Sec. 86.1806-05  On-board diagnostics for vehicles less than or equal to 

14,000 pounds GVWR.

    (a) General. (1) Except as provided by paragraph (a)(2) of this 
section, all light-duty vehicles, light-duty trucks and complete heavy-
duty vehicles weighing 14,000 pounds GVWR or less (including MDPVs) must 
be equipped with an onboard diagnostic (OBD) system capable of 
monitoring all emission-related powertrain systems or components during 
the applicable useful life of the vehicle. All systems and components 
required to be monitored by these regulations must be evaluated 
periodically, but no less frequently than once per applicable 
certification test cycle as defined in paragraphs (a) and (d) of 
appendix I of this part, or

[[Page 371]]

similar trip as approved by the Administrator.
    (2) Diesel fueled MDPVs and heavy-duty vehicles weighing 14,000 
pounds GVWR or less that are not MDPVs must meet the OBD requirements of 
this section according to the phase-in schedule in paragraph (l) of this 
section. Paragraph (l) of this section does not apply to Otto-cycle 
MDPVs.
    (3) An OBD system demonstrated to fully meet the requirements in, 
through model year 2006, Sec. 86.004-17 and, for model years 2007 and 
later, Sec. 86.007-17 may be used to meet the requirements of this 
section, provided that such an OBD system also incorporates appropriate 
transmission diagnostics as may be required under this section, and 
provided that the Administrator finds that a manufacturer's decision to 
use the flexibility in this paragraph (a)(3) is based on good 
engineering judgement.
    (b) Malfunction descriptions. The OBD system must 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 (chassis-based test procedures), excluding 
those test procedures defined as ``Supplemental'' test procedures in 
Sec. 86.004-2 and codified in Sec. Sec. 86.158, 86.159, and 86.160.
    (1) Catalysts and particulate traps--(i) Otto-cycle. Catalyst 
deterioration or malfunction before it results in an increase in NMHC 
emissions 1.5 times the NMHC standard or FEL, as compared to the NMHC 
emission level measured using a representative 4000 mile catalyst 
system.
    (ii) Diesel. (A) If equipped, catalyst deterioration or malfunction 
before it results in exhaust emissions exceeding 1.5 times the 
applicable standard or FEL for NOX 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 NOX 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, CO or NOX; 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, CO or NOX.
    (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. 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) Other emission control systems. 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, 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, CO, NOX, or diesel PM. 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

[[Page 372]]

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 must 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) Other emission-related powertrain components. Any other 
deterioration or malfunction occurring in an electronic emission-related 
powertrain system or component not otherwise described in paragraphs 
(b)(1) through (b)(5) of this section 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 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.
    (8) Hybrid electric vehicles. For Tier 2 and interim non-Tier 2 
hybrid electric vehicles (HEVs) only. Unless added to HEVs in compliance 
with other requirements of this section, or unless otherwise approved by 
the Administrator:
    (i) The manufacturer must equip each HEV with a maintenance 
indicator consisting of a light that must activate automatically by 
illuminating the first time the minimum performance level is observed 
for each battery system component. Possible battery system components 
requiring monitoring are: battery water level, temperature control, 
pressure control, and other parameters critical for determining battery 
condition.
    (ii) The manufacturer must equip ``off-vehicle charge capable HEVs'' 
with a useful life indicator for the battery system consisting of a 
light that must illuminate the first time the battery system is unable 
to achieve an all-electric operating range (starting from a full state-
of-charge) which is at least 75 percent of the range determined for the 
vehicle in the Urban Driving Schedule portion of the All-Electric Range 
Test (see the 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. These requirements are 
incorporated by reference (see Sec. 86.1).
    (iii) The manufacturer must equip each HEV with a separate odometer 
or other device subject to the approval of the Administrator that can 
accurately measure the mileage accumulation on the engines used in these 
vehicles.
    (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. A 
vehicle should 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.

[[Page 373]]

    (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)(i) For interim non-Tier 2 and Tier 2 LDV/LLDTs and HLDT/MDPVs 
produced through the 2007 model year, upon a manufacturer's written 
request, EPA will consider allowing the use of an on-board diagnostic 
system during the certification process that functions properly on low-
sulfur gasoline but indicates sulfur-induced passes when exposed to high 
sulfur gasoline. After the 2007 model year, this provision can be used 
only for interim non-Tier 2 and Tier 2 LDV/LLDTs and HLDT/MDPVs 
introduced into commerce in American Samoa, Guam, and the Commonwealth 
of the Northern Mariana Islands, but this provision only can be used for 
such vehicles in any of those locations if low sulfur gasoline is 
determined by the Administrator to be unavailable in that specific 
location.
    (ii) For interim non-Tier 2 and Tier 2 LDV/LLDTs and HLDT/MDPVs, if 
vehicles produced through the 2007 model year exhibit illuminations of 
the emission control diagnostic system malfunction indicator light due 
to high sulfur gasoline, EPA will consider, upon a manufacturer's 
written request, allowing modifications to such vehicles on a case-by-
case basis so as to eliminate the sulfur induced illumination. After the 
2007 model year, this provision can be used only for interim non-Tier 2 
and Tier 2 LDV/LLDTs and HLDT/MDPVs introduced into commerce in American 
Samoa, Guam, and the Commonwealth of the Northern Mariana Islands, but 
this provision only can be used for such vehicles in any of those 
locations if low sulfur gasoline is determined by the Administrator to 
be unavailable in that specific location.
    (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

[[Page 374]]

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 vehicles 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 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 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.

[[Page 375]]

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) 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. 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 
checksums.
    (ii) Basic diagnostic data (as specified in Sec. 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) SAE J1930, Revised April 2002. All acronyms, definitions and 
abbreviations shall be formatted according to this industry standard. 
Alternatively, manufacturers may use SAE J2403, Revised August 2007.
    (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 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. 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.

[[Page 376]]

    (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 
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.
    (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 paragraph (h)(1)(i), ISO 9141-2 ``Road vehicles--
Diagnostic systems--Part 2: CARB requirements 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 alternative 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 and lead time and production cycles including 
phase-in or phase-out of 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 vehicles (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. Through the 2006 model year, 
for light-duty vehicles, light-duty trucks, and heavy-duty vehicles 
weighing 14,000 pounds GVWR or less, demonstration of compliance with 
California OBDII requirements (Title 13 California Code of Regulations 
Sec. 1968.2 (13 CCR 1968.2)), as modified, approved and filed on April 
21, 2003 (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(i) do not apply. 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. Beginning with the 2007 model year, for light-duty 
vehicles, light-duty trucks, and heavy-duty vehicles weighing

[[Page 377]]

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)), 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. 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. For all model years, the deficiency provisions of paragraph (i) 
of this section and the evaporative leak detection requirement of 
paragraph (b)(4) of this section, if applicable, apply to manufacturers 
selecting this paragraph for demonstrating compliance.
    (k) Certification. For test groups 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 standard or FEL above the NMHC 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 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, CO or NOX.
    (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, CO or NOX.
    (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 
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 or FEL for NMHC, CO, NOX or PM.
    (6) A malfunction condition is induced in an electronic emission-
related powertrain system or component not otherwise described in this 
paragraph (k) that either provides input to or receives commands from 
the on-board computer resulting in a measurable impact on emissions.
    (l) Phase-in for complete heavy-duty vehicles. Complete heavy-duty 
vehicles weighing 14,000 pounds GVWR or less that are not Otto-cycle 
MDPVs must meet the OBD requirements of this section according to the 
following phase-in schedule, based on the percentage of projected 
vehicle sales. The 2004 model year requirements in the following phase-
in schedule are applicable only to heavy-duty Otto-cycle vehicles where 
the manufacturer has selected Otto-cycle Option 1 or 2 for alternative

[[Page 378]]

2003 or 2004 compliance according to Sec. 86.004-01(c)(1) or (2). The 
2005 through 2007 requirements in the following phase-in schedule apply 
to all heavy-duty vehicles weighing 14,000 pounds GVWR or less, 
excluding MDPVs. If the manufacturer has selected Otto-cycle Option 3 it 
may exempt 2005 model year complete heavy-duty engines and vehicles 
whose model year commences before July 31, 2004 from the requirements of 
this section. For the purposes of calculating compliance with the phase-
in provisions of this paragraph (l), heavy-duty vehicles subject to the 
phase-in requirements of this section may be combined with heavy-duty 
vehicles subject to the phase-in requirements of paragraph Sec. 86.005-
17 (k). The phase-in schedule follows:

OBD Compliance Phase-in for Complete Heavy-Duty Vehicles Weighing 14,000
                           Pounds GVWR or Less
------------------------------------------------------------------------
          Model year                Phase-in based on projected 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; alternative fuel waivers
                                 available.
2006 MY                         80% compliance; alternative fuel waivers
                                 available.
2007 MY                         80% compliance; alternative fuel waivers
                                 available.
2008+ MY                        100% compliance.
------------------------------------------------------------------------

    (m) Thresholds for California OBD II Compliance Option. For the 
purposes of complying with the provisions set forth above in paragraph 
(j), vehicles certified to Tier 2 standards shall utilize multiplicative 
factors from the California vehicle type (i.e. LEV II, ULEV II) 
corresponding to the Tier 2 to which the vehicles are certified. 
Vehicles certified to Tier 2, Bin 4 emissions standards shall utilize 
the Tier 2 Bin 4 emission standards and the CARB ULEV II multiplicative 
factors to determine the appropriate OBD malfunction threshold for all 
pollutants except NOX, for which they shall utilize that CARB 
SULEV II multiplicative factors. Vehicles certified to Tier 2, Bin 3 
emissions standards shall utilize the Tier 2 Bin 3 emission standards 
and the CARB ULEV II multiplicative factors to determine the appropriate 
OBD malfunction threshold for all pollutants except NOX, for 
which they shall utilize that CARB SULEV II multiplicative factors. 
Vehicles certified to Tier 2, Bin 2 emissions standards shall utilize 
the Tier 2 Bin 2 emission standards and the CARB SULEV II multiplicative 
factors to determine the appropriate OBD malfunction threshold. Vehicles 
certified to Tier 2 Bin 7 or higher shall utilize the CARB LEV II 
multiplicative factors to determine the appropriate OBD malfunction 
threshold.
    (n) For 2007 and later model year diesel complete heavy-duty 
vehicles, in lieu of the malfunction descriptions of paragraph (b) of 
this section, the malfunction descriptions of this paragraph (n) shall 
apply. The OBD system must 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 
(chassis-based test procedures), excluding those test procedures defined 
as ``Supplemental'' test procedures in Sec. 86.004-2 and codified in 
Sec. Sec. 86.158, 86.159, and 86.160.
    (1) Catalysts and diesel particulate filters (DPF). (i) If equipped, 
reduction catalyst deterioration or malfunction before it results in 
exhaust emissions exceeding, for model years 2007 through 2009, 4 times 
the applicable NOX standard and, for model years 2010 through 
2012, the applicable NOX standard+0.6 g/mi and, for model 
years 2013 and later, the applicable NOX standard+0.3 g/mi. 
Further, if equipped, oxidation catalyst (not to include the DPF), 
deterioration or malfunction before it results in exhaust NMHC emissions 
exceeding, for 2010 through 2012 model years, 2.5 times the applicable 
NMHC standard and, for 2013 and later model years, 2 times the 
applicable NMHC standard. Monitoring of oxidation catalysts is not 
required through the 2009 model year. These catalyst 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. As an alternative to the oxidation catalyst monitoring 
requirement, the monitor can be designed to detect oxidation catalyst 
deterioration or malfunction before it results in an inability to 
achieve a temperature rise of 100 degrees C, or to

[[Page 379]]

reach the necessary 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.
    (ii) If equipped with a DPF, for all model years, catastrophic 
failure of the device must be detected. Any DPF whose complete failure 
results in exhaust emissions exceeding 1.5 times the applicable PM 
standard or family emissions limit (FEL) 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. Further, if equipped 
with a DPF, the OBD system shall detect DPF deterioration or malfunction 
before it results in exhaust emissions exceeding, for 2010 through 2012 
model years, 4 times the applicable PM standard and, for 2013 and later 
model years, the applicable PM standard +0.04 g/mi.
    (2) Engine misfire. Lack of cylinder combustion must be detected.
    (3) Exhaust gas sensors--(i) Oxygen sensors and air-fuel ratio 
sensors downstream of aftertreatment devices. If equipped, sensor 
deterioration or malfunction resulting in exhaust emissions exceeding 
any of the following levels: for 2007 through 2009 model years, 4 times 
the applicable PM standard, or 3 times the applicable NOX 
standard, or 2.5 times the applicable NMHC standard and, for 2010 
through 2012 model years, 4 times the applicable PM standard, or the 
applicable NOX standard+0.3 g/mi, or 2.5 times the applicable 
NMHC standard and, for 2013 and later model years, the applicable PM 
standard+0.04 g/mi, or the applicable NOX standard+0.3 g/mi, 
or 2 times the applicable NMHC standard.
    (ii) Oxygen sensors and air-fuel ratio sensors upstream of 
aftertreatment devices. If equipped, sensor deterioration or malfunction 
resulting in exhaust emissions exceeding any of the following levels: 
for 2007 through 2009 model years, 4 times the applicable PM standard, 
or 3 times the applicable NOX standard, or 2.5 times the 
applicable NMHC standard, or 2.5 times the applicable CO standard and, 
for 2010 through 2012 model years, the applicable PM standard+0.02 g/mi, 
or the applicable NOX standard+0.3 g/mi, or 2.5 times the 
applicable NMHC standard, or 2.5 times the applicable CO standard and, 
for 2013 and later model years, the applicable PM standard+0.02 g/mi, or 
the applicable NOX standard+0.3 g/mi, or 2 times the 
applicable NMHC standard, or 2 times the applicable CO standard.
    (iii) NOX sensors. If equipped, sensor deterioration or malfunction 
resulting in exhaust emissions exceeding any of the following levels: 
for 2007 through 2009 model years, 5 times the applicable PM standard, 
or 4 times the applicable NOX standard and, for 2010 through 
2012 model years, 4 times the applicable PM standard, or the applicable 
NOX standard+0.6 g/mi and, for 2013 and later model years, 
the applicable PM standard+0.04 g/mi, or the applicable NOX 
standard+0.3 g/mi.
    (4) [Reserved]
    (5) Other emission control systems and components. 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 2007 through 2009 model years, 4 times the 
applicable PM standard, or 3 times the applicable NOX 
standard, or 2.5 times the applicable NMHC standard, or 2.5 times the 
applicable CO standard and, for 2010 through 2012 model years, 4 times 
the applicable PM standard, or the applicable NOX 
standard+0.3 g/mi, or 2.5 times the applicable NMHC standard, or 2.5 
times the applicable CO standard and, for 2013 and later model years, 
the applicable PM standard+0.02 g/mi, or the applicable NOX 
standard+0.3 g/mi, or 2 times the applicable NMHC standard, or 2 times 
the applicable CO standard. A functional check, as described in 
paragraph (n)(6)

[[Page 380]]

of this section, may satisfy the requirements of this paragraph (n)(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 powertrain components. Any other 
deterioration or malfunction occurring in an electronic emission-related 
powertrain system or component not otherwise described in paragraphs 
(n)(1) through (n)(5) of this section 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 (n)(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 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.
    (o) For 2007 and later model year diesel complete heavy-duty 
vehicles, in lieu of the certification provisions of paragraph (k) of 
this section, the certification provisions of this paragraph (o) shall 
apply. For test groups 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) 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 2007 
through 2009 model years, 4 times the applicable NOX standard 
and, for 2010 through 2012 model years, the applicable NOX 
standard+0.6 g/mi and, for 2013 and later model years, the applicable 
NOX standard+0.3 g/mi. Also if monitored for emissions 
performance-an oxidation catalyst (not to include the DPF) is replaced 
with a deteriorated or defective catalyst, or an electronic simulation 
of such, resulting in exhaust NMHC emissions exceeding, for 2010 through 
2012 model years, 2.5 times the applicable NMHC standard and, for 2013 
and later model years, 2 times the applicable NMHC standard. If 
monitored for exotherm performance for 2010 and later model years, 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.
    (ii) If monitored for performance--a DPF is replaced with a DPF that 
has catastrophically failed, or an electronic simulation of such. 
Further, a DPF is replaced with a deteriorated or defective DPF, or an 
electronic simulation of such, resulting in exhaust PM emissions 
exceeding, for 2010 through 2012 model years, 4 times the applicable PM 
standard and, for 2013 and later model years, the applicable PM 
standard+0.04 g/mi.
    (2) An engine misfire condition is induced and is not detected.
    (3)(i) 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

[[Page 381]]

levels: for 2007 through 2009 model years, 4 times the applicable PM 
standard, or 3 times the applicable NOX standard, or 2.5 
times the applicable NMHC standard and, for 2010 through 2012 model 
years, 4 times the applicable PM standard, or the applicable 
NOX standard+0.3 g/mi, or 2.5 times the applicable NMHC 
standard and, for 2013 and later model years, the applicable PM 
standard+0.04 g/mi, or the applicable NOX standard+0.3 g/mi, 
or 2 times the applicable NMHC standard.
    (ii) 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 any of the following levels: 
for 2007 through 2009 model years, 4 times the applicable PM standard, 
or 3 times the applicable NOX standard, or 2.5 times the 
applicable NMHC standard, or 2.5 times the applicable CO standard and, 
for 2010 through 2012 model years, the applicable PM standard+0.02 g/mi, 
or the applicable NOX standard+0.3 g/mi, or 2.5 times the 
applicable NMHC standard, or 2.5 times the applicable CO standard and, 
for 2013 and later model years, the applicable PM standard+0.02 g/mi, or 
the applicable NOX standard+0.3 g/mi, or 2 times the 
applicable NMHC standard, or 2 times the applicable CO standard.
    (iii) 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: 
for 2007 through 2009 model years, 5 times the applicable PM standard, 
or 4 times the applicable NOX standard and, for 2010 through 
2012 model years, 4 times the applicable PM standard, or the applicable 
NOX standard+0.6 g/mi and, for 2013 and later model years, 
the applicable PM standard+0.04 g/mi, or the applicable NOX 
standard+0.3 g/mi.
    (4) [Reserved]
    (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, and the fuel 
control system, singularly resulting in exhaust emissions exceeding any 
of the following levels: for 2007 through 2009 model years, 4 times the 
applicable PM standard or 3 times the applicable NOX 
standard, or 2.5 times the applicable NMHC standard, or 2.5 times the 
applicable CO standard and, for 2010 through 2012 model years, 4 times 
the applicable PM standard, or the applicable NOX 
standard+0.3 g/mi, or 2.5 times the applicable NMHC standard, or 2.5 
times the applicable CO standard and, for 2013 and later model years, 
the applicable PM standard+0.02 g/mi, or the applicable NOX 
standard+0.3 g/mi, or 2 times the applicable NMHC standard, or 2 times 
the applicable CO standard.
    (6) A malfunction condition is induced in an electronic emission-
related powertrain system or component not otherwise described in this 
paragraph (o) that either provides input to or receives commands from 
the on-board computer resulting in a measurable impact on emissions.

[65 FR 59965, Oct. 6, 2000, as amended at 66 FR 5189, Jan. 18, 2001; 68 
FR 35799, June 17, 2003; 70 FR 75410, Dec. 20, 2005; 71 FR 51488, Aug. 
30, 2006; 71 FR 78094, Dec. 28, 2006; 74 FR 8420, Feb. 24, 2009]



Sec. 86.1807-01  Vehicle labeling.

    (a) The manufacturer of any motor vehicle subject to the applicable 
emission standards of this subpart, 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 prescribed in this section, 
to all production models of such vehicles available for sale to the 
public and covered by a Certificate of Conformity under Sec. 86.1848-
01.
    (1) A permanent, legible label shall be affixed in a readily visible 
position in the engine compartment.
    (2) 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.
    (3) 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:

[[Page 382]]

    (i) The label heading: Vehicle Emission Control Information;
    (ii) Full corporate name and trademark of manufacturer;
    (iii) Engine displacement (in cubic inches or liters), test group 
identification and evaporative/refueling family identification;
    (iv) [Reserved]
    (v) An unconditional statement of compliance with the appropriate 
model year U.S. EPA regulations which apply to light-duty vehicles, 
light-duty trucks, medium-duty passenger vehicles, or complete heavy-
duty vehicles;
    (vi) The exhaust emission standards (or FEL, as applicable) to which 
the test group is certified, and for test groups having different in-use 
standards, the corresponding exhaust emission standards that the test 
group must meet in use. In lieu of this requirement, manufacturers may 
use the standardized test group name designated by EPA;
    (vii) [Reserved]
    (viii) Vehicles granted final admission under 40 CFR 85.1505 must 
comply with the labeling requirements contained in 40 CFR 85.1510;
    (ix) (A) For vehicles exempted from compliance with certain revised 
performance warranty procedures, as specified in Sec. 86.1829-
01(b)(4)(iii), a statement indicating the specific performance warranty 
test(s) of 40 CFR part 85, subpart W, not to be performed.
    (B) For vehicles exempted from compliance with all revised 
performance warranty procedures, as specified in Sec. 86.1829-
01(b)(4)(iv), a statement indicating:
    (1) That none of the performance warranty tests of 40 CFR part 85, 
subpart W, is to be performed; and
    (2) The name of the Administrator-approved alternative test 
procedure to be performed;
    (x) For vehicles designed to be capable of operating on fuels other 
than gasoline or diesel, the statement ``This vehicle is certified to 
operate on [specify fuel(s)]''.
    (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, light-duty truck, 
medium-duty passenger vehicle, or heavy-duty vehicle subject to the 
emission standards 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 on 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 numbers 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 20XX Model 
Year New Motor Vehicles.''
    (B) For light-duty trucks, the statement: ``This Vehicle Conforms to 
U.S. EPA Regulations Applicable to XXX-Fueled 20XX Model Year New Light-
Duty Trucks.''
    (C) For medium-duty passenger vehicles, the statement: ``This 
Vehicle Conforms to U.S. EPA Regulations Applicable to XXX-fueled 20XX 
Model Year New Medium-Duty Passenger Vehicles.''
    (D) For heavy-duty vehicles, the statement: ``This Vehicle Conforms 
to U.S. EPA Regulations Applicable to XXX-fueled 20XX Model Year 
Chassis-Certified New Heavy-Duty Vehicles.''
    (iii) [Reserved]
    (2)-(3) [Reserved]
    (d)(1) Incomplete light-duty trucks shall have the following 
prominent statement printed on the label required by paragraph (a)(3)(v) 
of this section: ``This vehicle conforms to U.S. EPA regulations 
applicable to 20xx Model year Light-Duty Trucks under the special 
provisions of 40 CFR 86.1801-01(c)(1) when it does not exceed XXX pounds 
in

[[Page 383]]

curb weight, XXX pounds in gross vehicle weight rating, and XXX square 
feet in frontal area.''
    (2) Incomplete heavy-duty vehicles optionally certified in 
accordance with the provisions for complete heavy-duty vehicles under 
the special provisions of Sec. 86.1801-01(c)(2) shall have the 
following prominent statement printed on the label required by paragraph 
(a)(3)(v) of this section: ``This vehicle conforms to U.S. EPA 
regulations applicable to 20xx Model year Complete Heavy-Duty Vehicles 
under the special provisions of 40 CFR 86.1801-01(c)(2) 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) The manufacturer of any incomplete light-duty vehicle, light-
duty truck, or heavy-duty vehicle shall notify the purchaser of such 
vehicle of any curb weight, frontal area, or gross vehicle weight rating 
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.
    (f) All light-duty vehicles, light-duty trucks, medium-duty 
passenger vehicles, and complete heavy-duty vehicles shall comply with 
SAE Recommended Practices J1877 ``Recommended Practice for Bar-Coded 
Vehicle Identification Number Label,'' (July 1994). SAE J1877 is 
incorporated by reference (see Sec. 86.1).
    (g) The Administrator may approve in advance other label content and 
formats provided the alternative label contains information consistent 
with this section.

[64 FR 23925, May 4, 1999, as amended at 65 FR 6853, Feb. 10, 2000; 65 
FR 59969, Oct. 6, 2000; 70 FR 72928, Dec. 8, 2005]



Sec. 86.1807-07  Vehicle labeling.

    Section 86.1807-07 includes text that specifies requirements that 
differ from those specified in Sec. 86.1807-01. Where a paragraph in 
Sec. 86.1807-01 is identical and applicable to Sec. 86.1807-07, this 
may be indicated by specifying the corresponding paragraph and the 
statement ``[Reserved]. For guidance see Sec. 86.1807-01.''.
    (a) through (g) [Reserved]. For guidance see Sec. 86.1807-01.
    (h) Vehicles powered by model year 2007 and later diesel-fueled 
engines and other diesel vehicles certified using a test fuel with 15 
ppm sulfur or less, 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''.

[66 FR 5189, Jan. 18, 2001, as amended at 70 FR 40442, July 13, 2005]



Sec. 86.1808-01  Maintenance instructions.

    (a) The manufacturer shall furnish or cause to be furnished to the 
purchaser of each new motor vehicle subject to the standards prescribed 
in this subpart, as applicable, written instructions for the proper 
maintenance and use of the vehicle, by the purchaser consistent with the 
provisions of Sec. 86.1834-01, 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 data vehicles than the allowed limit, may 
specify the performance of any scheduled maintenance allowed under Sec. 
86.1834-01.
    (c) Scheduled emission-related maintenance in addition to that 
performed under Sec. 86.1834-01 may only be recommended to offset the 
effects of abnormal in-use operating conditions, except as provided in 
paragraph (d) of

[[Page 384]]

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. 86.1834-01.
    (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. 86.1805-01(c), 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 test group 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) Emission control diagnostic service information:
    (1) Manufacturers are subject to the provisions of this paragraph 
(f) beginning in the 2001 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 
(f):
    (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. 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

[[Page 385]]

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 to 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 shall provide or cause to be provided to the persons 
specified in paragraph (f)(2)(i) of this section and to any other 
interested parties a manufacturer-specific World Wide Web site 
containing the information specified in paragraph (f)(2)(i) of this 
section for 2001 and later model year vehicles which have been offered 
for sale; this requirement does

[[Page 386]]

not apply to indirect information, including the information specified 
in paragraphs (f)(12) through (f)(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 (f)(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's 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 (f)(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 (f)(7) of this section for each of the 
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 sites 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 all users to print out any and all of the materials 
required to be made available on the manufacturers Web site, including 
the ability to print it at the users 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 launch their individual Web sites as required by 
paragraph (f)(3) of this section.
    (ii) Manufacturers with annual sales of less than 1,000 vehicles 
may, in lieu of meeting the requirement of paragraph (f)(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 (f)(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 (f)(6) and

[[Page 387]]

(f)(12) through (f)(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 (f)(3) of this section. Rather, 
manufacturers must make available on the manufacturer Web site as 
required by paragraph (f)(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.
    (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

[[Page 388]]

    (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 (f)(2)(i) of this 
section.
    (i) Except as provided under paragraph (f)(6)(ii) of this section, 
manufacturers must make this information available to persons specified 
in paragraph (f)(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 and 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 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.

[[Page 389]]

    (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 26, 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 (f)(3) and (f)(5) of this section. 
Subsequent to the approval of the manufacturer Web site pricing 
structure, each manufacturer 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 (f)(7)(i) of this section.
    (B) The Administrator will act upon on 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 (f)(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 (f)(2)(ii) of this section with whom they engage in licensing 
or business arrangements;
    (i) The required emissions-related information as specified in 
paragraph (f)(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 
(f)(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 
(f)(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 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;

[[Page 390]]

    (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 section (f)(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 (f)(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 (f)(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. Manufacturers must maintain the required 
information on their Web sites in full-text as defined in paragraph 
(f)(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. technical service 
bulletins) shall be faxed, if requested, 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.
    (12) Reprogramming information. (i) Manufacturers shall make 
available to the persons specified in paragraph (f)(2)(i) of this 
section all emissions-related recalibration or reprogramming

[[Page 391]]

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) Manufacturers shall provide persons specified in paragraph 
(f)(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 (f)(12)(v) and 
(f)(12)(vi) of this section shall make available to equipment and tool 
companies by September 25, 2003 the following information necessary for 
reprogramming the 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 CDROM to the reprogramming device e.g. scan tool or black box).
    (viii) A manufacturer can propose an alternative to the requirements 
of paragraph (f)(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 (f)(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

[[Page 392]]

cannot be reprogrammed with the provisions described in paragraph 
(f)(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 (f)(12)(v) through 
(f)(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 
(f)(2)(ii) of this section. This requirement applies for 2001 and later 
model year vehicles.
    (i) The information required by this paragraph (f)(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 by paragraph 
(f)(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 (f)(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 this paragraph 
(f)(13)(iii) 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 
(f)(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

[[Page 393]]

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 (f)(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 2001 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 23, 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 (Incorporated by reference, 
see Sec. 86.1) 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 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 SAE Recommended 
Practice J2284-3 (May, 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.

[[Page 394]]

    (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 (f), or to 
otherwise fail to comply or cause a failure to comply with any provision 
of this paragraph (f).
    (ii) Any person who fails or causes the failure to comply with any 
provision of this paragraph (f) 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 (f) 
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.

[64 FR 23925, May 4, 1999, as amended at 68 FR 38455, June 27, 2003; 70 
FR 40442, July 13, 2005]



Sec. 86.1808-07  Maintenance instructions.

    Section 86.1808-07 includes text that specifies requirements that 
differ from those specified in Sec. 86.1808-01. Where a paragraph in 
Sec. 86.1808-01 is identical and applicable to Sec. 86.1808-07, this 
may be indicated by specifying the corresponding paragraph and the 
statement ``[Reserved]. For guidance see Sec. 86.1808-01.''.
    (a)-(e) [Reserved]. For guidance see Sec. 86.1808-1.
    (f) [Reserved]. For guidance see Sec. 86.1808-1. For incorporation 
by reference see Sec. Sec. 86.1 and 86.1808-1.

[[Page 395]]

    (g) For each new diesel-fueled Tier 2 vehicle (certified using a 
test fuel with 15 ppm sulfur or less), the manufacturer shall furnish or 
cause to be furnished to the purchaser a statement that ``This vehicle 
must be operated only with ultra low sulfur diesel fuel (that is, diesel 
fuel meeting EPA specifications for highway diesel fuel, including a 15 
ppm sulfur cap).''.

[66 FR 5190, Jan. 18, 2001, as amended at 68 FR 38461, June 27, 2003; 70 
FR 40443, July 13, 2005]



Sec. 86.1809-01  Prohibition of defeat devices.

    (a) No new light-duty vehicle, light-duty truck, or complete heavy-
duty vehicle 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 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 or Supplemental Federal emissions test procedures 
(FTP or SFTP) when the vehicle is operated under conditions which may 
reasonably be expected to be encountered in normal operation and use.
    (2) Information requirements:
    (i) Upon request by the Administrator, the manufacturer will provide 
an explanation containing detailed information 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.
    (e) For each test group of Tier 2 LDV/LLDTs and HLDT/MDPVs and 
interim non-Tier 2 LDV/LLDTs and HLDT/MDPVs the manufacturer must 
submit, with the Part II certification application, an engineering 
evaluation demonstrating to the satisfaction of the Administrator that a 
discontinuity in emissions of non-methane organic gases, carbon 
monoxide, oxides of nitrogen and formaldehyde measured on the Federal 
Test Procedure (subpart B of this part) does not occur in the 
temperature range of 20 to 86 degrees F. For diesel vehicles, the 
engineering evaluation must also include particulate emissions.

[64 FR 23925, May 4, 1999, as amended at 65 FR 6853, Feb. 10, 2000; 65 
FR 59969, Oct. 6, 2000]



Sec. 86.1809-10  Prohibition of defeat devices.

    (a) No new light-duty vehicle, light-duty truck, medium-duty 
passenger vehicle, or complete heavy-duty vehicle shall be equipped with 
a defeat device.

[[Page 396]]

    (b) The Administrator may test or require testing on any vehicle at 
a designated location, using driving cycles and conditions that 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 and cold temperature NMHC emission 
control, the Administrator will use a guideline to determine the 
appropriateness of the CO and NMHC emission control at ambient 
temperatures between 25 [deg]F (the upper bound of the temperatue test 
range) and 68 [deg]F (the lower bound of the FTP range). The guideline 
for CO emission congruity across the intermediate temperature range is 
the linear interpolation between the CO standard applicable at 25 [deg]F 
and the CO standard applicable at 68 [deg]F. The guideline for NMHC 
emission congruity across the intermediate temperature range is the 
linear interpolation between the NMHC FEL pass limit (e.g. 0.3499 g/mi 
for a 0.3 g/mi FEL) applicable at 20 [deg]F and the Tier 2 NMOG standard 
to which the vehicle was certified at 68 [deg]F, where the intermediate 
temperature NMHC level is rounded to the nearest hundredth for 
comparison to the interpolated line. For vehicles that exceed this CO 
emissions guideline or this NMHC emissions guideline upon intermediate 
temperature cold testing:
    (1) If the CO emission level is greater than the 20 [deg]F emission 
standard, the vehicle will automatically be considered to be equipped 
with a defeat device without further investigation. If the intermediate 
temperature NMHC emission level, rounded to the nearest hundredth, is 
greater than the 20 [deg]F FEL pass limit, the vehicle will be presumed 
to have a defeat device unless the manufacturer provides evidence to 
EPA's satisfaction that the cause of the test result in question is not 
due to a defeat device.
    (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. If the 
intermediate temperature NMHC emission level, rounded to the nearest 
hundredth, does not exceed the 20 [deg]F FEL pass limit the 
Administrator may investigate the vehicle design for the presence of a 
defeat device under paragraph (d) of this section.
    (d) The following provisions apply 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 Test Procedure or Supplemental Federal Test Procedure 
(FTP or SFTP) when the vehicle is operated under conditions that may 
reasonably be expected to be encountered in normal operation and use.
    (2) The following information requirements apply:
    (i) Upon request by the Administrator, the manufacturer must provide 
an explanation containing detailed information 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 
or cold temperature NMHC defeat devices under this paragraph (d), the 
manufacturer must provide an explanation to show, to the satisfaction of 
the Administrator, that CO emissions and NMHC emissions are reasonably 
controlled in reference to the linear guideline across the intermediate 
temperature range.
    (e) For each test group of Tier 2 LDV/LLDTs and HLDT/MDPVs and 
interim non-Tier 2 LDV/LLDTs and HLDT/MDPVs the manufacturer must 
submit, with the Part II certification application, an engineering 
evaluation demonstrating to the satisfaction of the Administrator that a 
discontinuity in emissions of non-methane organic gases, carbon 
monoxide, oxides of nitrogen and formaldehyde measured on the Federal 
Test Procedure (subpart B of this part) does not occur in the 
temperature range of 20 to 86 [deg]F. For diesel vehicles, the 
engineering evaluation must also include particulate emissions.

[72 FR 8561, Feb. 26, 2007]

[[Page 397]]



Sec. 86.1810-01  General standards; increase in emissions; unsafe conditions; 

waivers.

    This section applies to model year 2001 and later light-duty 
vehicles and light-duty trucks fueled by gasoline, diesel, methanol, 
natural gas and liquefied petroleum gas fuels. This section also applies 
to MDPVs and complete heavy-duty vehicles certified according to the 
provisions of this subpart. Multi-fueled vehicles (including dual-fueled 
and flexible-fueled vehicles) shall comply with all requirements 
established for each consumed fuel (or blend of fuels in the case of 
flexible fueled vehicles). The standards of this subpart apply to both 
certification and in-use vehicles unless otherwise indicated. For Tier 2 
and interim non-Tier 2 vehicles, this section also applies to hybrid 
electric vehicles and zero emission vehicles. Unless otherwise 
specified, requirements and provisions of this subpart applicable to 
methanol fueled vehicles are also applicable to Tier 2 and interim non-
Tier 2 ethanol fueled vehicles.
    (a) Any device, system or element of design installed on or 
incorporated in a new motor vehicle to enable such vehicle to conform to 
the 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
    (2) Shall not in its operation, function or malfunction result in 
any unsafe condition endangering the vehicle, its occupants, or persons 
or property in close proximity to the vehicle.
    (b) In establishing the physically adjustable range of each 
adjustable parameter on a new motor vehicle, the manufacturer shall 
ensure that, taking into consideration the production tolerances, safe 
vehicle drive ability characteristics are available within that range, 
as required by section 202(a)(4) of the Clean Air Act.
    (c) Every manufacturer of new motor vehicles 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 judgment to ascertain that such test vehicles will meet the 
requirements of this section for the useful life of the vehicle.
    (d) Crankcase emissions prohibited. No crankcase emissions shall be 
discharged into the ambient atmosphere from any 2001 and later model 
year light-duty vehicle, light-duty truck, or complete heavy-duty 
vehicle certified according to the provisions of this subpart.
    (e) On-board diagnostics. All light-duty vehicles, light-duty trucks 
and complete heavy-duty vehicles must have an on-board diagnostic system 
as described in Sec. 86.1806-01 or Sec. 86.1806-04, as applicable.
    (f) Altitude requirements. Except for supplemental exhaust emission 
standards (which apply only at low altitude conditions), all emission 
standards apply at low altitude conditions and at high altitude 
conditions. Interim non-Tier 2 LDV/Ts may be certified to applicable 
Tier 1 exhaust emission standards at high altitude as set forth in 
Sec. Sec. 86.1811-01, 86.1812-01, 86.1813-01, 86.1814-02 and 86.1815-
02. Requirements to meet emission standards at high altitude are 
optional for interim non-Tier 2 MDPVs.
    (g) The standards set forth in this part refer to test procedures 
set forth in subparts B, C, O and P of this part.
    (h) For methanol-fueled and natural gas-fueled vehicles, hydrocarbon 
standards refer to hydrocarbon equivalents and nonmethane hydrocarbon 
standards refer to nonmethane hydrocarbon equivalents.
    (i) Supplemental FTP general provisions. (1) Implementation 
schedules. A minimum of the percentage of a manufacturer's model year 
sales of light-duty vehicles or light light-duty trucks (considered 
independently) shown in Table S01-1 and heavy light-duty trucks shown in 
Table S01-2 shall not exceed the applicable SFTP standards found in 
paragraph (b) of Sec. Sec. 86.1811-01, 1812-01, 1813-01, 1814-02, and 
1815-02 when tested under the applicable procedures in subpart B of this 
part. Tables S01-1 and S01-2 follow:

[[Page 398]]



  Table S01-1--SFTP Implementation Schedule for Light-Duty Vehicles and
                         Light Light-Duty Trucks
------------------------------------------------------------------------
                        Model year                           Percentage
------------------------------------------------------------------------
2000......................................................            40
2001......................................................            80
2002......................................................           100
------------------------------------------------------------------------


  Table S01-2--SFTP Implementation Schedule for Heavy Light-Duty Trucks
------------------------------------------------------------------------
                        Model year                           Percentage
------------------------------------------------------------------------
2002......................................................            40
2003......................................................            80
2004......................................................           100
------------------------------------------------------------------------

    (2) Optionally, a minimum of the percentage shown in Table S01-1 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 Sec. 86.1811-01(b), 
and the light light-duty trucks shall not exceed the applicable SFTP 
standards in Sec. 86.1812-01(b) or Sec. 86.1813-01(b) as applicable.
    (3) Sales percentages for the purposes of determining compliance 
with the applicable SFTP emission standards shall be based on total 
actual U.S. sales of light-duty vehicles 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 (i)(2) 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.
    (4) The SFTP standards do not apply to vehicles or trucks certified 
on alternative fuels, but the standards do apply to the gasoline and 
diesel fuel operation of flexible fuel vehicles and trucks and dual fuel 
vehicles and trucks.
    (5) The SFTP standards do not apply to vehicles or trucks tested at 
high altitude.
    (6) 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 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. For Tier 2 and interim non-Tier 2 vehicles, this 
provision does not apply to enrichment that occurs upon cold start, 
warm-up conditions and rapid-throttle motion conditions (``tip-in'' or 
``tip-out'' conditions).
    (7) 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 of subpart B of this part, applies 
to all SFTP and FTP test elements as set forth in subpart B of this part 
for test groups which are designated as SFTP compliant under the 
implementation schedules in Tables S01-1 and S01-2 in paragraph (i)(1) 
of this section.
    (8) Small volume provisions. (i) Light-duty vehicles and light 
light-duty trucks manufactured by small volume manufacturers, as 
described in Sec. 86.1801-01(d), are exempt from the requirements of 
this paragraph until model year 2002, when 100 percent compliance with 
the provisions of this paragraph (i) and the SFTP standards in 
Sec. Sec. 86.1811-01(b) and 86.1812-01(b) is required. This exemption 
does not apply to small volume test groups as defined in Sec. 86.1838-
01(b)(2).
    (ii) Heavy light-duty trucks manufactured by small volume 
manufacturers, as defined in Sec. 86.1801-01, are exempt from the 
requirements of this paragraph (i) until model year 2004 when 100 
percent compliance with the provisions of this paragraph and the SFTP 
standards in Sec. Sec. 86.1814-02(b) and 86.1815-02(b) is required. 
This exemption does not apply to small volume test groups as defined in 
Sec. 86.1838-01(b)(2).
    (9) [Reserved]
    (10) 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 test groups will be used to attain the required 
implementation schedule sales percentages for certification purposes.

[[Page 399]]

    (11) A manufacturer cannot use one set of test groups to meet its 
intermediate useful life standards and another to meet its full useful 
life standards. The same test groups which are used to meet the 
intermediate useful life standards will be required to meet the 
corresponding full useful life standards.
    (12) Compliance with composite standards shall be demonstrated using 
the calculations set forth in Sec. 86.164-00.
    (13) A/C-on specific calibrations. (i) For Tier 2 and interim non-
Tier 2 vehicles, A/C-on specific calibrations (e.g. air to fuel ratio, 
spark timing, and exhaust gas recirculation), may be used which differ 
from A/C-off calibrations for given engine operating conditions (e.g., 
engine speed, manifold pressure, coolant temperature, air charge 
temperature, and any other parameters).
    (ii) Such calibrations must not unnecessarily reduce the 
NMHC+NOX emission control effectiveness during A/C-on 
operation when the vehicle is operated under conditions which may 
reasonably be expected to be encountered during normal operation and 
use.
    (iii) If reductions in control system NMHC+NOX 
effectiveness do occur as a result of such calibrations, the 
manufacturer must, in the Application for Certification, specify the 
circumstances under which such reductions do occur, and the reason for 
the use of such calibrations resulting in such reductions in control 
system effectiveness.
    (iv) A/C-on specific ``open-loop'' or ``commanded enrichment'' air-
fuel enrichment strategies (as defined below), which differ from A/C-off 
``open-loop'' or ``commanded enrichment'' air-fuel enrichment 
strategies, may not be used, with the following exceptions: Cold-start 
and warm-up conditions, or, subject to Administrator approval, 
conditions requiring the protection of the vehicle, occupants, engine, 
or emission control hardware. Other than these exceptions, such 
strategies which are invoked based on manifold pressure, engine speed, 
throttle position, or other engine parameters must use the same engine 
parameter criteria for the invoking of this air-fuel enrichment strategy 
and the same degree of enrichment regardless of whether the A/C is on or 
off. ``Open-loop'' or ``commanded'' air-fuel enrichment strategy is 
defined as enrichment of the air to fuel ratio beyond stoichiometry for 
the purposes of increasing engine power output and the protection of 
engine or emissions control hardware. However, ``closed-loop biasing,'' 
defined as small changes in the air-fuel ratio for the purposes of 
optimizing vehicle emissions or driveability, must not be considered an 
``open-loop'' or ``commanded'' air-fuel enrichment strategy. In 
addition, ``transient'' air-fuel enrichment strategy (or ``tip-in'' and 
``tip-out'' enrichment), defined as the temporary use of an air-fuel 
ratio rich of stoichiometry at the beginning or duration of rapid 
throttle motion, must not be considered an ``open-loop'' or 
``commanded'' air-fuel enrichment strategy.
    (14) ``Lean-on-cruise'' calibration strategies. (i) For Tier 2 and 
interim non-Tier 2 vehicles, the manufacturer must state in the 
Application for Certification whether any ``lean-on-cruise'' strategies 
are incorporated into the vehicle design. A ``lean-on-cruise'' air-fuel 
calibration strategy is defined as the use of an air-fuel ratio 
significantly greater than stoichiometry, during non-deceleration 
conditions at speeds above 40 mph. ``Lean-on-cruise'' air-fuel 
calibration strategies must not be employed during vehicle operation in 
normal driving conditions, including A/C usage, unless at least one of 
the following conditions is met:
    (A) Such strategies are substantially employed during the FTP or 
SFTP;
    (B) Such strategies are demonstrated not to significantly reduce 
vehicle NMHC+NOX emission control effectiveness over the 
operating conditions in which they are employed; or
    (C) Such strategies are demonstrated to be necessary to protect the 
vehicle occupants, engine, or emission control hardware.
    (ii) If the manufacturer proposes to use a ``lean-on-cruise'' 
calibration strategy, the manufacturer must specify the circumstances 
under which such a calibration would be used, and the reason or reasons 
for the proposed use of such a calibration.
    (j) Evaporative emissions general provisions. (1) The evaporative 
standards in

[[Page 400]]

Sec. Sec. 86.1811-01(d), 86.1811-04(e), 86.1812-01(d), 86.1813-01(d), 
86.1814-01(d), 86.1814-02(d), 86.1815-01(d), 1815-02(d) and 86.1816-
04(d) apply equally to certification and in-use vehicles and trucks. The 
spitback standard also applies to newly assembled vehicles.
    (2) For certification testing only, manufacturers may conduct 
testing to quantify a level of non-fuel 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 non-fuel background emissions may be subtracted 
from evaporative emission test results from certification vehicles if 
approved in advance by the Administrator.
    (3) All fuel vapor generated in a gasoline- or methanol-fueled 
light-duty vehicle, light-duty truck, or complete heavy-duty vehicle 
during in-use operation 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) 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.
    (k) Refueling emissions general provisions--(1) Implementation 
schedules. (i) Tables S01-3, S01-4, and S01-5 in this paragraph 
(k)(1)(i) give the minimum percentage 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, 
light-duty trucks and complete heavy-duty vehicles which shall be tested 
under the applicable procedures in subpart B of this part, and shall not 
exceed the standards described in Sec. Sec. 86.1811-01(e), 86.1811-
04(e)(3), 86.1812-01(e), 86.1813-01(e), and 86.1816-04(e). Vehicles 
waived from the emission standards under the provisions of paragraphs 
(m) and (n) of this section shall not be counted in the calculation of 
the percentage of compliance. Either manufacturer sales or actual 
production intended for sale in the United States may be used to 
determine combined volume, at the manufacturers option. Tables S01-3, 
S01-4, and S01-5 follow:

                    Table S01-3--Light-Duty Vehicles
------------------------------------------------------------------------
                        Model year                           Percentage
------------------------------------------------------------------------
1998 \a\..................................................            40
1999 \a\..................................................            80
2000 \a\..................................................           100
------------------------------------------------------------------------
\a\ Note: This subpart prescribes standards for 2001 and later MY
  vehicles. However, the implementation phase-in periods prior to this
  date are included for ease of reference.


                  Table S01-4--Light Light-Duty Trucks
------------------------------------------------------------------------
                        Model year                           Percentage
------------------------------------------------------------------------
2001......................................................            40
2002......................................................            80
2003......................................................           100
------------------------------------------------------------------------


                  Table S01-5--Heavy Light-Duty Trucks
------------------------------------------------------------------------
                        Model year                           Percentage
------------------------------------------------------------------------
2004......................................................            40
2005......................................................            80
2006......................................................           100
------------------------------------------------------------------------

    (ii) Either manufacturer sales or actual production intended for 
sale in the United States may be used to determine combined volume, at 
the manufacturers option.
    (2) Determining sales percentages. Sales percentages for the 
purposes of determining compliance with the applicable refueling 
emission standards light-duty vehicles, light-duty trucks, medium-duty 
passenger vehicles, and complete heavy-duty vehicles shall be based on 
total actual U.S. sales of heavy light-duty trucks and complete heavy-
duty vehicles 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.

[[Page 401]]

    (3) Refueling receptacle requirements. 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(b)(3)). This requirement is subject to the phase-in schedules 
in Tables S01-3 and S01-4 of paragraph (k)(1)(i) of this section.
    (l) Fuel dispensing spitback testing waiver. (1) Vehicles certified 
to the refueling emission standards set forth in Sec. Sec. 86.1811-
04(e), 86.1812-01(e), 86.1813-01(e), 86.1816-05(e) 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 
fuel dispensing spitback standard as part of compliance with the 
refueling emission standard; and
    (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 noncompliance with the fuel dispensing 
spitback standard.
    (m) 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. 86.1811-04(e), 86.1812-01(e), 
86.1813-01(e) and 86.1816-05(e) 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 (m)(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.
    (n) 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.
    (o) Unless otherwise approved by the Administrator, manufacturers 
must measure NMOG emissions in accordance with the California Non-
Methane Organic Gas Test Procedures. These procedures are incorporated 
by reference (see Sec. 86.1).
    (p) For gasoline and diesel-fueled Tier 2 and interim non-Tier 2 
vehicles, manufacturers may measure non-methane hydrocarbons (NMHC) in 
lieu of NMOG. Manufacturers must multiply NMHC measurements from 
gasoline vehicles by an adjustment factor of 1.04 before comparing with 
the NMOG standard to determine compliance with that standard. 
Manufacturers may use other factors to adjust NMHC results to more 
properly represent NMOG results. Such factors must be based upon 
comparative testing of NMOG and NMHC emissions and be approved in 
advance by the Administrator.

[64 FR 23925, May 4, 1999, as amended at 65 FR 6853, Feb. 10, 2000; 65 
FR 59969, Oct. 6, 2000; 66 FR 5190, Jan. 18, 2001; 66 FR 19309, Apr. 13, 
2001; 70 FR 72928, Dec. 8, 2005]



Sec. 86.1810-09  General standards; increase in emissions; unsafe condition; 

waivers.

    Section 86.1810-09 includes text that specifies requirements that 
differ from Sec. 86.1810-01. Where a paragraph in Sec. 86.1810-01 is 
identical and applicable to Sec. 86.1810-09, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For

[[Page 402]]

guidance see Sec. 86.1810-01.'' Where a corresponding paragraph of 
Sec. 86.1810-01 is not applicable, this is indicated by the statement 
``[Reserved]'' This section applies to model year 2009 and later light-
duty vehicles and light-duty trucks fueled by gasoline, diesel, 
methanol, ethanol, natural gas and liquefied petroleum gas fuels. This 
section also applies to MDPVs and complete heavy-duty vehicles certified 
according to the provisions of this subpart. Multi-fueled vehicles 
(including dual-fueled and flexible-fueled vehicles) must comply with 
all requirements established for each consumed fuel (or blend of fuels 
in the case of flexible fueled vehicles). The standards of this subpart 
apply to both certification and in-use vehicles unless otherwise 
indicated. This section also applies to hybrid electric vehicles and 
zero emission vehicles. Unless otherwise specified, requirements and 
provisions of this subpart applicable to methanol fueled vehicles are 
also applicable to Tier 2 and interim non-Tier 2 ethanol fueled 
vehicles.
    (a) through (e) [Reserved] For guidance see Sec. 86.1810-01.
    (f) Altitude requirements. (1) All emission standards apply at low 
altitude conditions and at high altitude conditions, except for 
supplemental exhaust emission standards, cold temperature NMHC emission 
standards, and the evaporative emission standards as described in Sec. 
86.1811-09(e). Supplemental exhaust emission standards, as described in 
Sec. 86.1811-04(f), apply only at low altitude conditions. Cold 
temperature NMHC emission standards, as described in Sec. 86.1811-
10(g), apply only at low altitude conditions. Tier 2 evaporative 
emission standards apply at high altitude conditions as specified in 
Sec. Sec. 86.1810-01(f) and (j), and 86.1811-04(e).
    (2) For vehicles that comply with the cold temperature NMHC 
standards, manufacturers must submit an engineering evaluation 
indicating that common calibration approaches are utilized at high 
altitudes. Any deviation from low altitude emission control practices 
must be included in the auxiliary emission control device (AECD) 
descriptions submitted at certification. Any AECD specific to high 
altitude must require engineering emission data for EPA evaluation to 
quantify any emission impact and validity of the AECD.
    (g) through (p) [Reserved] For guidance see Sec. 86.1810-01.

[72 FR 8562, Feb. 26, 2007]



Sec. 86.1811-01  Emission standards for light-duty vehicles.

    This section applies to 2001 and later model year light-duty 
vehicles fueled by gasoline, diesel, methanol, natural gas and liquefied 
petroleum gas fuels except as noted. Multi-fueled vehicles shall comply 
with all requirements established for each consumed fuel. For methanol 
fueled vehicles, references in this section to total hydrocarbons shall 
mean total hydrocarbon equivalents and references to non-methane 
hydrocarbons shall mean non-methane hydrocarbon equivalents. This 
section does not apply to 2004 and later model year vehicles, except as 
specifically referenced by Sec. 86.1811-04.
    (a) Exhaust emission standards. (1) Exhaust emissions shall not 
exceed the following standards at intermediate useful life:
    (i) Total hydrocarbons: 0.41 grams per mile, except natural gas, 
which has no standard.
    (ii) Non-methane hydrocarbons: 0.25 grams per mile.
    (iii) Carbon monoxide: 3.4 grams per mile.
    (iv) Oxides of nitrogen: 0.4 grams per mile except diesel fuel which 
has a 1.0 gram per mile standard.
    (v) Particulate matter: 0.08 grams per mile.
    (2) Exhaust emissions shall not exceed the following standards at 
full useful life:
    (i) [Reserved]
    (ii) Non-methane hydrocarbons: 0.31 grams per mile.
    (iii) Carbon monoxide: 4.2 grams per mile.
    (iv) Oxides of nitrogen: 0.6 grams per mile except diesel fuel which 
has a 1.25 gram per mile standard.
    (v) Particulate matter: 0.10 grams per mile.
    (b) Supplemental exhaust emission standards. (1) Supplemental 
exhaust emissions from gasoline-fueled and diesel-fueled light-duty 
vehicles shall not exceed the following standards at intermediate useful 
life:

[[Page 403]]

    (i) Nonmethane hydrocarbon and oxides of nitrogen composite: 0.65 
grams per mile except diesel fuel which has a 1.48 gram per mile 
standard.
    (ii) Carbon monoxide. Regulated vehicles shall meet at least one of 
the following two sets of standards:
    (A) Individual US06 and SC03 Air Conditioning compliance. Comply 
with both the following standards:
    (1) 3.0 grams per mile on the A/C test, not applicable to diesel 
fueled vehicles; and
    (2) 9.0 grams per mile on the US06 test; or
    (B) Composite Carbon Monoxide Standard: 3.4 grams per mile.
    (2) Supplemental exhaust emissions from gasoline-fueled and diesel-
fueled light-duty vehicles shall not exceed the following standards at 
full useful life:
    (i) Nonmethane hydrocarbon and oxides of nitrogen composite: 0.91 
grams per mile except diesel-fueled which have a 2.07 gram per mile 
standard.
    (ii) Carbon monoxide. Regulated vehicles shall meet at least one of 
the following two sets of standards:
    (A) Individual US06 and SC03 Air Conditioning compliance. Comply 
with both the following standards:
    (1) 3.7 grams per mile on the A/C test, not applicable to diesel 
fueled vehicles; and
    (2) 11.1 grams per mile on the US06 test; or
    (B) Composite Carbon Monoxide Standard: 4.2 grams per mile.
    (c) Cold temperature emission standards. Exhaust emissions from 
gasoline-fueled light-duty vehicles shall not exceed the cold 
temperature CO standard of 10.0 grams carbon monoxide per mile for an 
intermediate useful life of 50,000 miles.
    (d) Evaporative emission standards. Evaporative emissions from 
gasoline-fueled, natural gas-fueled, liquefied petroleum gas-fueled, and 
methanol-fueled 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.
    (1) Hydrocarbons. (i) For the full three-diurnal test sequence, 
diurnal plus hot soak measurements: 2.0 grams per test.
    (ii) Gasoline and methanol-fueled only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 2.5 grams per 
test.
    (iii) Gasoline and methanol-fueled only. For the running loss test: 
0.05 grams per mile.
    (iv) Gasoline and methanol-fueled only. For the fuel dispensing 
spitback test: 1.0 gram hydrocarbon (carbon for methanol-fueled) per 
test.
    (2) [Reserved]
    (e) Refueling emissions. Refueling emissions from 2001 and later 
model year light-duty vehicles shall not exceed the following standards:
    (1) For gasoline-fueled, diesel fueled, and methanol-fueled 
vehicles: 0.20 grams hydrocarbon per gallon (0.053 gram per liter) of 
fuel dispensed.
    (2) For liquefied petroleum gas-fueled vehicles: 0.15 grams 
hydrocarbon per gallon (0.04 gram per liter) of fuel dispensed.
    (f) Certification short test. Certification short test emissions 
from gasoline-fueled Otto-cycle light-duty vehicles shall not exceed the 
following standards:
    (1) Hydrocarbons: 100 ppm as hexane.
    (2) Carbon monoxide: 0.5%.
    (g) Manufacturers may request to group light-duty vehicles into the 
same test group as vehicles subject to more stringent standards, so long 
as those light-duty vehicles meet the most stringent standards 
applicable to any vehicle within that test group, as provided at Sec. 
86.1827(a)(5) and (d)(4).

[64 FR 23925, May 4, 1999, as amended at 65 FR 6854, Feb. 10, 2000; 65 
FR 59970, Oct. 6, 2000]



Sec. 86.1811-04  Emission standards for light-duty vehicles, light-duty trucks 

and medium-duty passenger vehicles.

    (a) Applicability. (1) This section contains regulations 
implementing emission standards for all LDVs, LDTs and MDPVs. This 
section applies to 2004 and later model year LDVs, LDTs and MDPVs fueled 
by gasoline, diesel, methanol, ethanol, natural gas and liquefied 
petroleum gas fuels, except as noted. Additionally, this section 
contains provisions applicable to hybrid

[[Page 404]]

electric vehicles (HEVs) and zero emission vehicles (ZEVs). Multi-fueled 
vehicles must comply with all requirements established for each consumed 
fuel.
    (2) This section also applies to LDVs, LDTs and MDPVs of model years 
prior to 2004, when manufacturers certify such vehicles to Tier 2 
exhaust emission requirements to utilize alternate phase-in schedules, 
as allowed under paragraph (k)(6) of this section, and/or to earn early 
NOX credits for use in complying with the Tier 2 fleet 
average NOX standard which takes effect in the 2004 model 
year for LDV/LLDTs and 2008 for HLDT/MDPVs.
    (3) Except where otherwise specified, this section applies instead 
of Sec. Sec. 86.1811-01, 86.1812-01, 86.1813-01, 86.1814-01, 86.1814-
02, 86.1815-01, and 86.1815-02.
    (4) Except where otherwise specified, the provisions of this section 
apply equally to LDVs and all categories of LDTs, and to all MDPVs. 
Numerous provisions are applicable equally to HLDTs and MDPVs, as 
reflected by the term HLDT/MDPV. Numerous provisions apply equally to 
LDVs and LLDTs as reflected by the term LDV/LLDT.
    (5) The exhaust emission standards and evaporative emission 
standards of this section apply equally to certification and in-use 
LDVs, LDTs and MDPVs, unless otherwise specified.
    (b) Test weight. (1) Except as required in paragraphs (b)(2) and 
(b)(4) of this section, or permitted under paragraph (b)(3) of this 
section, emission testing of all LDVs, LDTs and MDPVs to determine 
compliance with any exhaust or evaporative emission standard set forth 
in this part must be on a loaded vehicle weight (LVW) basis, as that 
term is defined in this subpart.
    (2) Interim non-Tier 2 HLDTs tested to Tier 1 SFTP standards, must 
be tested on an adjusted loaded vehicle weight (ALVW) basis, as that 
term is defined in this subpart, during the SC03 element of the SFTP.
    (3) Except as required in paragraphs (b)(2) and (b)(4) of this 
section, interim non-Tier 2 HLDT/MDPVs may be tested on an ALVW basis or 
an LVW basis to demonstrate compliance with any exhaust or evaporative 
emission standard set forth in this part.
    (4) MDPVs certified to bin 11 standards from Tables S04-1 and -2 
must be tested on an ALVW basis to demonstrate compliance with any 
exhaust emission standard set forth in this part.
    (c) Tier 2 FTP exhaust emission standards. Exhaust emissions from 
Tier 2 vehicles must not exceed the standards in Table S04-1 of this 
section at full useful life when tested over the Federal Test Procedure 
(FTP) described in subpart B of this part. Exhaust emissions from Tier 2 
vehicles must not exceed the standards in Table S04-2 of this section at 
intermediate useful life, if applicable, when tested over the FTP.
    (1) For a given test group a manufacturer desires to certify to 
operate only on one fuel, the manufacturer must select a set of 
standards from the same bin (line or row) in Table S04-1 of this section 
for non-methane organic gases (NMOG), carbon monoxide (CO), oxides of 
nitrogen (NOX), formaldehyde (HCHO) and particulate matter 
(PM). The manufacturer must certify the test group to meet those 
standards, subject to all the applicable provisions of this subpart. The 
manufacturer must also certify the test group to meet the intermediate 
useful life standards (if any) in Table S04-2 of this section having the 
same EPA bin reference number as the chosen full useful life standards.
    (2) For a given test group of flexible-fueled, bi-fuel or dual fuel 
vehicles when operated on the alcohol or gaseous fuel they are designed 
to use, manufacturers must select a bin of standards from Table S04-1 of 
this section and the corresponding bin in Table S04-2, if any. When 
these flexible-fueled, bi-fuel or dual fuel vehicles are certified to 
operate on gasoline or diesel fuel, the manufacturer may choose to 
comply with the next numerically higher applicable NMOG standard, if 
any, above the bin which contains the standards selected for 
certification on the gaseous or alcohol fuel.
    (3)(i) For a given test group of flexible-fueled, bi-fuel or dual 
fuel vehicles certified to bin 10 in Table S04-1, when operated on the 
alcohol or gaseous fuel they are designed to use, manufacturers may 
choose to comply with an NMOG standard of 0.230 for LDV/LLDTs

[[Page 405]]

or 0.280 g/mi for HLDT/MDPVs at full useful life and corresponding 
intermediate life standards of 0.160 g/mi and 0.195 g/mi, respectively, 
when these flexible-fueled, bi-fuel or dual fuel vehicles are certified 
to operate on gasoline or diesel fuel.
    (ii) For a given test group of flexible-fueled, bi-fuel or dual fuel 
vehicles certified to bin 8 in Table S04-1, when operated on the alcohol 
or gaseous fuel they are designed to use, manufacturers may choose to 
comply with a NMOG standard of 0.156 g/mi for LDV/LLDTs and 0.180 for 
HLDT/MDPVs at full useful life and corresponding intermediate life 
standards of 0.125 g/mi and 0.140 g/mi, respectively, when these 
flexible-fueled, bi-fuel or dual fuel vehicles are certified to operate 
on gasoline or diesel fuel.
    (4)(i) For bins where intermediate life standards are applicable, a 
manufacturer may elect not to comply with such standards. Except as 
permitted in paragraph (c)(4)(iv) of this section, the manufacturer must 
certify such vehicles to a useful life of 15 years or 150,000 miles, 
whichever occurs first, for LDV/LLDTs and HLDT/MDPVs.
    (ii) A manufacturer electing not to comply with intermediate life 
standards, as permitted in paragraph (c)(4)(i) of this section, may not 
generate additional NOX credits as described under Sec. 
86.1860-04 (g), except as permitted in paragraph (c)(4)(iii) of this 
section.
    (iii) For bins where intermediate life standards are not applicable, 
or are specified to be optional by paragraph (c)(4)(iv) of this section, 
a manufacturer may generate additional NOX credits subject to 
the provisions in Sec. 86.1860-04 (g).
    (iv) For diesel vehicles certified to bin 9 or bin 10, intermediate 
life standards are optional regardless of whether the manufacturer 
certifies the test group to a full useful life of 120,000 miles or 
150,000 miles.
    (5) In a given model year, an individual vehicle may not be included 
in both the Tier 2 program and an interim program.
    (6) Tables S04-1 and S04-2 follow:

           Table S04-1--Tier 2 and Interim Non-Tier 2 Full Useful Life Exhaust Mass Emission Standards
                                                [Grams per mile]
----------------------------------------------------------------------------------------------------------------
             Bin No.                  NOX          NMOG           CO          HCHO           PM         Notes
----------------------------------------------------------------------------------------------------------------
11..............................          0.9         0.280          7.3         0.032         0.12         a, c
10..............................          0.6   0.156/0.230      4.2/6.4   0.018/0.027         0.08      a, b, d
9...............................          0.3   0.090/0.180          4.2         0.018         0.06      a, b, e
8...............................         0.20   0.125/0.156          4.2         0.018         0.02          b,f
7...............................         0.15         0.090          4.2         0.018         0.02
6...............................         0.10         0.090          4.2         0.018         0.01
5...............................         0.07         0.090          4.2         0.018         0.01
4...............................         0.04         0.070          2.1         0.011         0.01
3...............................         0.03         0.055          2.1         0.011         0.01
2...............................         0.02         0.010          2.1         0.004         0.01
1...............................         0.00         0.000          0.0         0.000        0.00
----------------------------------------------------------------------------------------------------------------
Notes:
\a\ This bin and its corresponding intermediate life bin are deleted at end of 2006 model year (end of 2008
  model year for HLDTs and MDPVs).
\b\ Higher NMOG, CO and HCHO values apply for HLDTs and MDPVs only.
\c\ This bin is only for MDPVs.
\d\ Optional NMOG standard of 0.280 g/mi applies for qualifying LDT4s and qualifying MDPVs only.
\e\ Optional NMOG standard of 0.130 g/mi applies for qualifying LDT2s only.
\f\ Higher NMOG standard deleted at end of 2008 model year.


           Table S04-2--Tier 2 and Interim Non-Tier 2 Intermediate Useful Life (50,000 mile) Exhaust Mass Emission Standards (grams per mile)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                  Bin No.                         NOX            NMOG             CO             HCHO             PM                    Notes
--------------------------------------------------------------------------------------------------------------------------------------------------------
11........................................            0.6            0.195             5.0           0.022  ..............  \a,c,f,h\
10........................................            0.4      0.125/0.160         3.4/4.4     0.015/0.018  ..............  \a,b,d,f,g,h\
9.........................................            0.2      0.075/0.140             3.4           0.015  ..............  \a,b,e,f,g,h\
8.........................................            0.14     0.100/0.125             3.4           0.015  ..............  \b,f,h,i\
7.........................................            0.11           0.075             3.4           0.015  ..............  \f,h\
6.........................................            0.08           0.075             3.4           0.015  ..............  \f,h\

[[Page 406]]

 
5.........................................            0.05           0.075             3.4           0.015  ..............  \f,h\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes:
\a\ This bin deleted at end of 2006 model year (end of 2008 model year for HLDTs and MDPVs ).
\b\ Higher NMOG, CO and HCHO values apply for HLDTs and MDPVs only.
\c\ This bin is only for MDPVs.
\d\ Optional NMOG standard of 0.195 g/mi applies for qualifying LDT4s and qualifying MDPVs only.
\e\ Optional NMOG standard of 0.100 g/mi applies for qualifying LDT2s only.
\f\ The full useful life PM standards from Table S04-1 also apply at intermediate useful life.
\g\ Intermediate life standards of this bin are optional for diesels.
\h\ Intermediate life standards are optional for vehicles certified to a useful life of 150,000 miles.
\i\ Higher NMOG standard deleted at end of 2008 model year.

    (d) Fleet average NOX Standards. (1)(i) For a given 
individual model year's sales of Tier 2 vehicles, including model years 
during the phase-in years of the Tier 2 standards, manufacturers must 
comply with a fleet average oxides of nitrogen (NOX) standard 
of 0.07 grams per mile. The manufacturer must calculate its fleet 
average NOX emission level(s) as described in Sec. 86.1860-
04. Up through and including model year 2008, manufacturers must 
calculate separate fleet average NOX emission levels for LDV/
LLDTs and for HLDT/MDPVs as described in Sec. 86.1860-04.
    (ii) During a phase-in year, the manufacturer must comply with the 
0.07 g/mi fleet average standard for the required phase-in percentage 
for that year as specified in paragraph (k)(1) of this section, or for 
the alternate phase-in percentage as permitted under paragraph (k)(6) of 
this section.
    (2) For Early Tier 2 LDV/LLDTs. For model years prior to 2004, where 
the manufacturer desires to bank early Tier 2 NOX credits as 
permitted under Sec. 86.1861(c), the manufacturer must comply with a 
fleet average standard of 0.07 grams per mile for its Tier 2 LDV/LLDTs. 
Manufacturers must determine compliance with the NOX fleet 
average standard according to regulations in Sec. 86.1860-04 of this 
subpart.
    (3) For Early Tier 2 HLDT/MDPVs. For model years prior to 2008, 
where the manufacturer desires to bank early Tier 2 NOX 
credits as permitted under Sec. 86.1861(c), the manufacturer must 
comply with a fleet average standard of 0.07 grams per mile for its Tier 
2 HLDT/MDPVs. Manufacturers must determine compliance with the 
NOX fleet average standard according to regulations in Sec. 
86.1860-04.
    (e) Evaporative emission standards. Consistent with the phase-in 
requirements in paragraph (k) of this section, evaporative emissions 
from gasoline-fueled, natural gas-fueled, liquefied petroleum gas-
fueled, ethanol-fueled and methanol-fueled vehicles must not exceed the 
standards in this paragraph (e). The standards apply equally to 
certification and in-use vehicles.
    (1) Diurnal-plus-hot soak evaporative hydrocarbon standards. 
Hydrocarbons for LDV/LLDTs, HLDTs and MDPVs must not exceed the diurnal 
plus hot soak standards shown in Table S04-3 for the full three diurnal 
test sequence and for the supplemental two diurnal test sequence. Table 
S04-3 follows:

   Table S04-3--Light-Duty Diurnal Plus Hot Soak Evaporative Emission
                                Standards
                            [grams per test]
------------------------------------------------------------------------
                                                            Supplemental
                                                  3 day         2 day
               Vehicle category                diurnal+hot   diurnal+hot
                                                   soak         soak
------------------------------------------------------------------------
LDV/LLDTs....................................        0.95           1.2
HLDTs........................................         1.2           1.5
MDPVs........................................         1.4          1.75
------------------------------------------------------------------------

    (2) Running loss standard. Hydrocarbons for LDVs, LDTs and MDPVs 
measured on the running loss test must not exceed 0.05 grams per mile.
    (3) Refueling emission standards. Refueling emissions must not 
exceed the following standards:
    (i) For gasoline-fueled, diesel-fueled and methanol-fueled LDVs, 
LDTs and MDPVs: 0.20 grams hydrocarbon per gallon (0.053 grams per 
liter) of fuel dispensed.

[[Page 407]]

    (ii) For liquefied petroleum gas-fueled LDV, LDTs and MDPVs: 0.15 
grams hydrocarbon per gallon (0.04 grams per liter) of fuel dispensed.
    (iii) Refueling standards for HLDTs are subject to the phase-in 
requirements found in Sec. 86.1810-01(k). MDPVs must also comply with 
the phase-in requirement in Sec. 86.1810-01(k) and must be grouped with 
HLDTs to determine phase-in compliance.
    (4) Spitback standards. For gasoline and methanol fueled LDV/Ts and 
MDPVs, hydrocarbons measured on the fuel dispensing spitback test must 
not exceed 1.0 grams hydrocarbon (carbon if methanol-fueled) per test.
    (5) Evaporative emission requirements for interim vehicles. (i) LDV/
Ts not certified to meet the evaporative emission standards in this 
paragraph (e) as permitted under the phase-in schedule of paragraph (k) 
of this section, must meet applicable evaporative emission standards in 
Sec. 86.1811-01, Sec. 86.1812-01, Sec. 86.1813-01, Sec. 86.1814-02 
or Sec. 86.1815-02 except that all LDV/Ts must meet the refueling 
emission standards in paragraph (e)(3) of this section.
    (ii) MDPVs not certified to meet the evaporative emission standards 
in this paragraph (e) as permitted under the phase-in schedule of 
paragraph (k) of this section, must meet applicable evaporative emission 
standards for heavy-duty vehicles in Sec. 86.099-10.
    (6) In cases where applicable California emission standards are as 
stringent or more stringent than applicable standards specified under 
this paragraph (e), the Administrator may accept data indicating 
compliance with California standards to demonstrate compliance for 
certification purposes with the standards required under this paragraph 
(e). The Administrator may require manufacturers to provide comparative 
test data to show that a vehicle meeting California standards under 
California test conditions and procedures will also meet the standards 
under this paragraph (e) when tested under test conditions and 
procedures in this part 86.
    (f) Supplemental exhaust emission standards for LDV/Ts. (1) 
Supplemental exhaust emission standards are applicable to gasoline and 
diesel-fueled LDV/Ts but are not applicable to MDPVs, alternative fueled 
LDV/Ts, or flexible fueled LDV/Ts when operated on a fuel other than 
gasoline or diesel. Except as otherwise specified in this paragraph (f), 
manufacturers must comply with 4000 mile and full useful life SFTP 
standards as determined in this paragraph (f). The 4000 mile SFTP 
standards must be taken from Table S04-4 and the full life SFTP 
standards must be calculated using the formula in paragraph (f)(2) of 
this section. Table S04-4 follows:

              Table S04-4--4000 Mile SFTP Standards for Tier 2 and Interim Non-Tier 2 LDVs and LDTs
----------------------------------------------------------------------------------------------------------------
                                                                        US06                      SC03
                                                             ---------------------------------------------------
                                                              NMHC+NOX (g/              NMHC+NOX (g/
                                                                  mi)       CO (g/mi)       mi)       CO (g/mi)
----------------------------------------------------------------------------------------------------------------
LDV/LDT1....................................................         0.14          8.0         0.20          2.7
LDT2........................................................         0.25         10.5         0.27          3.5
LDT3........................................................          0.4         10.5         0.31          3.5
LDT4........................................................          0.6         11.8         0.44          4.0
----------------------------------------------------------------------------------------------------------------

    (2)(i) Manufacturers must calculate their applicable full useful 
life SFTP standards for NMHC+ NOX, PM and for CO, if using 
the weighted CO standard. If not using the weighted CO standard, 
manufacturers may use the full useful life standalone Tier 1 standards 
for US06 and SC03. To calculate the applicable full useful life weighted 
NMHC+ NOX, PM and CO standards, manufacturers must use the 
following formula:

SFTP Standard = SFTP Standard1-[0.35 x (FTP 
    Standard1-Current FTP Standard)]

Where:

SFTP Standard = Applicable full life weighted SFTP standard for NMHC+ 
NOX, PM or CO. The NMHC+ NOX and PM standards must 
be rounded to two decimal places and

[[Page 408]]

the CO standard must be rounded to one decimal place.
SFTP Standard1 = Applicable full life Tier 1 SFTP standard 
for NMHC+NOX or CO from Table S04-5. For PM only, use FTP 
Standard1 for SFTP Standard1.
FTP Standard1 = Applicable full life Tier 1 FTP standard from 
Table S04-6 in this paragraph (f). For the Tier 1 NMHC+NOX 
standard, add the applicable NMHC and NOx standards.
Current FTP Standard = Applicable full life FTP standard from Table S04-
1 in paragraph (c) of this section. For the current NMHC+NOX 
standard, add the NMOG and NOX standards from the applicable 
bin.

                               Table S04-5--Tier 1 Full Useful Life SFTP Standards
----------------------------------------------------------------------------------------------------------------
                                                    NMHC + NOX                    CO (g/mi) \b,c\
                Vehicle category                   (weighted  g/ -----------------------------------------------
                                                     mi) \a,c\         US06            SC03          Weighted
----------------------------------------------------------------------------------------------------------------
LDV/LDT1........................................     0.91 (0.65)      11.1 (9.0)       3.7 (3.0)       4.2 (3.4)
LDT2............................................     1.37 (1.02)     14.6 (11.6)       4.9 (3.9)       5.5 (4.4)
LDT3............................................            1.44            16.9             5.6             6.4
LDT4............................................            2.09            19.3             6.4            7.3
----------------------------------------------------------------------------------------------------------------
\a\ Weighting for NMHC+NOX and optional weighting for CO is 0.35x(FTP) +0.28x(US06)+0.37x(SC03).
\b\ CO standards are stand alone for US06 and SC03 with option for a weighted standard.
\c\ Intermediate life standards are shown in parentheses for diesel LDV/LLDTs opting to calculate intermediate
  life SFTP standards in lieu of 4,000 mile SFTP standards as permitted under paragraph (f)(6) of this section.


                            Table S04-6--Tier 1 Full Useful Life FTP Standards (g/mi)
----------------------------------------------------------------------------------------------------------------
                Vehicle category                     NMHC \a\         NOX\a\          CO \a\            PM
----------------------------------------------------------------------------------------------------------------
LDV/LDT1........................................     0.31 (0.25)       0.6 (0.4)       4.2 (3.4)            0.10
LDT2............................................     0.40 (0.32)       0.97(0.7)       5.5 (4.4)            0.10
LDT3............................................            0.46            0.98             6.4            0.10
LDT4............................................            0.56            1.53             7.3           0.12
----------------------------------------------------------------------------------------------------------------
\a\ Intermediate life standards are shown in parentheses for diesel LDV/LLDTs opting to calculate intermediate
  life SFTP standards in lieu of 4,000 mile SFTP standards as permitted under paragraph (f)(6)of this section.

    (ii)(A) Manufacturers must determine compliance with 
NMHC+NOX, CO and PM weighted SFTP standards calculated in 
paragraph (f)(2)(i) of this section by weighting their emission results 
as follows:

0.35x(FTP)+0.28x(US06)+0.37x(SC03).

    (B) The results of the calculation in paragraph (f)(2)(ii)(A) of 
this section must be rounded to one more decimal place than the 
applicable standard calculated in paragraph (f)(2)(i) of this section 
and then compared with that standard.
    (3) For interim non-Tier 2 gasoline, diesel and flexible-fueled 
LDT3s and LDT4s, manufacturers may, alternatively, meet the gasoline-
fueled vehicle SFTP standards found in Sec. Sec. 86.1814-02 and 
86.1815-02, respectively.
    (4) Interim non-Tier 2 gasoline, diesel and flexible-fueled LDV/
LLDTs certified to bin 10 FTP exhaust emission standards from Table S04-
1 in paragraph (c) of this section may meet the gasoline Tier 1 SFTP 
requirements found at Sec. Sec. 86.1811-01(b), 86.1812-01(b), 86.1813-
01(b), for LDVs, LDT1s, and LDT2s, respectively.
    (5) SFTP standards for PM are not applicable to interim non-Tier 2 
LDV/Ts. For Tier 2 LDV/Ts, the 4000 mile PM standard is equal to the 
full life PM standard calculated under paragraph (f)(2) of this section. 
The requirements of this paragraph (f)(5) also apply to Tier 2 flexible 
fuel vehicles when operated on gasoline or diesel fuel. (See regulations 
in Sec. 86.1829-01(b)(1)(iii)(B) regarding data submittal for PM 
results for gasoline vehicles.)
    (6)(i) In lieu of complying with 4000 mile SFTP standards described 
in this paragraph, diesel LDV/LLDTs through model year 2006, may comply 
instead with intermediate life SFTP standards derived from Tier 1 
intermediate life SFTP standards for gasoline vehicles.
    (ii) To calculate intermediate life SFTP standards, substitute 
intermediate life Tier 1 FTP and SFTP values from Tables S04-5 and S04-6 
in this paragraph (f), as appropriate, for the full life values in the 
equation in paragraph (f)(2)(i) of this section. Substitute the 
applicable intermediate life

[[Page 409]]

standards for the full life current FTP standard. If there is no 
applicable intermediate life standard use the full life current FTP 
standard.
    (iii) A manufacturer of diesel LDV/LLDTs must declare which option 
it will use (4,000 mile or intermediate life standards) in Part I of its 
certification application.
    (7) For diesel vehicles certified to the bin 9 or bin 10 standards 
of paragraph (c) of this section, 4000 mile SFTP and intermediate life 
SFTP standards are optional regardless of whether the manufacturer 
certifies the test group to a full useful life of 120,000 miles or 
150,000 miles.
    (8)(i) For model year 2007 through 2009 diesel LDVs and diesel LDT1s 
only, a manufacturer may optionally comply with the 4000 mile US06 
NMHC+NOX standard shown in Table S04-4 for LDT2s (0.25 g/
mile), instead of the standards for LDV/LDT1s (0.14 g/mile). A 
manufacturer choosing this option also must comply with intermediate 
life SFTP NMHC+NOX standards determined using the calculation 
described under paragraph (f)(6)(ii) of this section. A manufacturer 
choosing this option must comply with the SFTP NMHC+NOX 
standard determined under paragraph (f)(6)(ii) not only at intermediate 
life but also at full useful life and must certify such vehicles to this 
SFTP NMHC+NOX standard for a full useful life of 150,000 
miles or 15 years, whichever occurs first.
    (ii) In Part I of its certification application for model years 2007 
through 2009, a manufacturer of diesel LDV/LDT1s must declare which 
provision it will use (the base Tier 2 provision of paragraphs (f)(1) 
and (f)(2) of this section or the option described in paragraph 
(f)(8)(i) of this section).
    (g) Cold temperature exhaust emission standards. These standards are 
applicable only to gasoline fueled LDV/Ts and MDPVs. For cold 
temperature exhaust emission standards, a useful life of 50,000 miles 
applies.
    (1) For LDVs and LDT1s, the standard is 10.0 grams per mile CO.
    (2) For LDT2s, LDT3s and LDT4s, and MDPVs the standard is 12.5 grams 
per mile CO.
    (3) These standards do not apply to interim non-Tier 2 MDPVs.
    (h) Certification short test exhaust emission standards. 
Certification short test emissions from all gasoline-fueled otto cycle 
LDV/Ts and MDPVs must not exceed the following standards:
    (1) Hydrocarbons: 100 ppm as hexane, for certification and SEA 
testing; 220 ppm as hexane, for in-use testing.
    (2) Carbon monoxide: 0.5% for certification and SEA testing; 1.2% 
for in-use testing.
    (3) These standards do not apply to interim non-Tier 2 MDPVs.
    (i) Idle CO standards and references to such standards in this 
subpart, do not apply to any 2004 or later model year LDV, LDT, or MDPV 
or to any LDV, LDT or MDPV certified to Tier 2 standards before model 
year 2004 for purposes of generating early NOX credits or 
meeting the requirements of an alternative phase-in schedule that begins 
prior to the 2004 model year.
    (j) Highway NOX exhaust emission standard. The maximum 
projected NOX emissions measured on the federal Highway Fuel 
Economy Test in 40 CFR part 600, subpart B, must not be greater than 
1.33 times the applicable FTP NOX standard to which the 
manufacturer certifies the test group. Both the projected emissions and 
the product of the NOX standard and 1.33 must be rounded to 
the nearest 0.01 g/mi before being compared. This standard is not 
applicable to MDPVs.
    (k) Phase-in of the Tier 2 FTP exhaust and evaporative requirements; 
small volume manufacturer flexibilities. (1) Manufacturers must comply 
with the phase-in requirements in Tables S04-7 and S04-8 of this 
paragraph (k) for the Tier 2 FTP exhaust emission requirements specified 
in paragraph (c) of this section. Separate phase-in schedules are 
provided for LDV/LLDTs and for HLDT/MDPVs. These requirements specify 
the minimum percentage of the manufacturer's LDV/LLDT and HLDT/MDPV U.S. 
sales, by model year, that must meet the Tier 2 requirements, including 
the applicable fleet average standard, for their full useful lives. As 
the terms LDV/LLDT and HLDT/MDVP imply, LDVs and LLDTs must be grouped 
together to determine compliance with these phase-in requirements and 
HLDTs and MDPVs must also be

[[Page 410]]

grouped together to determine compliance with these phase-in 
requirements. Tables S04-7 and S04-8 follow:

   Table S04-7--Phase-in Percentages for LDV/LLDT Tier 2 Requirements
------------------------------------------------------------------------
                                                             Percentage
                                                            of LDV/LLDTs
                        Model year                            that must
                                                             meet tier 2
                                                            requirements
------------------------------------------------------------------------
2004......................................................            25
2005......................................................            50
2006......................................................            75
2007 and subsequent.......................................           100
------------------------------------------------------------------------


   Table S04-8--Phase-in Percentages for HLDT/MDPV Tier 2 Requirements
------------------------------------------------------------------------
                                                           Percentage of
                                                            HLDT/MDPVs
                       ModeL year                         that must meet
                                                              tier 2
                                                           requirements
------------------------------------------------------------------------
2008....................................................              50
2009 and subsequent.....................................             100
------------------------------------------------------------------------

    (2) Manufacturers must also comply with the phase-in requirements in 
Tables S04-7 and S04-8 of this paragraph (k) for the evaporative 
emission requirements contained in paragraph (e) of this section.
    (3) Manufacturers may opt to use different LDV/LLDTs and HLDT/MDPVs 
to meet the phase-in requirements for evaporative emissions and FTP 
exhaust emissions, provided that the manufacturer meets the minimum 
applicable phase-in requirements in Table S04-7 and Table S04-8 of this 
paragraph (k) for both FTP exhaust and evaporative emissions. A LDV, LDT 
or MDPV counted toward compliance with any phase-in requirement for FTP 
exhaust or evaporative standards, must comply with all applicable Tier 2 
exhaust requirements or all applicable evaporative requirements, 
respectively, described in this section.
    (4) LDVs, LDTs and MDPVs not certified to meet the Tier 2 FTP 
exhaust requirements during model years 2004-2008, as allowed under this 
subpart, are subject to the provisions of paragraph (l) of this section.
    (5) Provisions for small volume manufacturers. (i) Small volume 
manufacturers, as defined in this part, are exempt from the Tier 2 LDV/
LLDT exhaust and evaporative emissions phase-in requirements for model 
years 2004, 2005 and 2006 in Table S04-7 of this paragraph (k), but must 
comply with the 100% requirement for the 2007 and later model years for 
exhaust and evaporative emissions. If not complying with Tier 2 
requirements during 2004, 2005 and 2006, small volume manufacturers must 
comply with the requirements for interim non-Tier 2 LDV/LLDTs.
    (ii) Small volume manufacturers, as defined in this part, are exempt 
from the HLDT/MDPV exhaust and evaporative phase-in requirement for 
model year 2008 in Table S04-8 of this section but must comply with the 
100% requirement for the 2009 model year. Small volume manufacturers are 
also exempt from the HLDT/MDPV interim fleet average NOX 
standard (0.20 g/mi) and its phase-in for the 2004, 2005 and 2006 model 
years.
    (iii) Small volume manufacturers must comply with the FTP exhaust 
emission standards from Tables S04-1 and 2 of paragraph (c) of this 
section for all HLDT/MDPVs of model years 2004 and later, except that 
2004 model year HLDTs may comply with Tier 1 exhaust emission standards 
subject to the provisions of paragraph (l)(2)(vii) of this section, and 
2004 model year MDPVs may comply with heavy-duty vehicle standards 
subject to the provisions of paragraph (l)(2)(viii) of this section. 
Small volume manufacturers must also comply with the 0.20 g/mi fleet 
average NOX standard for 2007 and 2008 model year HLDT/MDPVs; 
the Tier 2 0.07 g/mi fleet average NOX standard for the 2009 
and later model year HLDT/MDPVs; and the evaporative emission standards 
in Table S04-3 of this section for the 2009 and later model years.
    (iv) Vehicles produced by small volume manufacturers, as defined in 
Sec. 86.1838-01, are exempt from the LDV/LLDT evaporative emissions 
standards in Table S09-1 of Sec. 86.1811-09(e) for model years 2009 and 
2010, but must comply with the Tier 2 evaporative emission standards in 
Table S04-3 in paragraph (e)(1) of this section for model years 2009 and 
2010.
    (v) Vehicles produced by small volume manufacturers, as defined in 
Sec. 86.1838-01, are exempt from the HLDT/MDPV evaporative emissions 
standards

[[Page 411]]

in Table S09-1 of Sec. 86.1811-09(e) for model years 2010 and 2011, but 
must comply with the Tier 2 evaporative emission standards in Table S04-
3 in paragraph (e)(1) of this section for model years 2010 and 2011.
    (vi) Small volume manufacturers, as defined in Sec. 86.1838-01, are 
exempt from the LDV/LLDT cold temperature NMHC phase-in requirements in 
Table S10-1 of Sec. 86.1811-10(g) for model years 2010, 2011, and 2012, 
but must comply with the 100% requirement for 2013 and later model years 
for cold temperature NMHC standards.
    (vii) Small volume manufacturers, as defined in Sec. 86.1838-01, 
are exempt from the HLDT/MDPV cold temperature NMHC phase-in 
requirements in Table S10-1 of Sec. 86.1811-10(g) for model years 2012, 
2013, and 2014, but must comply with the 100% requirement for 2015 and 
later model years for cold temperature NMHC standards.
    (6)(i) A manufacturer may elect an alternate phase-in schedule that 
results in 100% phase-in for LDV/LLDTs by 2007. Alternate phase-in 
schedules must produce a sum of at least 250% when the percentages of 
LDV/LLDTs certified to Tier 2 requirements for each model year from 2001 
through 2007 are summed. As an example, a 10/25/50/65/100 percent phase-
in that began in 2003 would have a sum of 250 percent and would be 
acceptable. However, a 10/25/40/70/100 percent phase-in that began the 
same year would have a sum of 245 percent and would not be acceptable.
    (ii) A manufacturer electing this option for LDV/LLDTs may calculate 
its compliance with the evaporative standards in paragraph (e)(1) of 
this section separately from its compliance with Tier 2 exhaust 
standards, provided that the phase-in schedules for each separately 
produce a sum of at least 250 percent when calculated as described in 
paragraph (k)(6)(i) of this section. A vehicle counted towards 
compliance with any phase-in requirement for the Tier 2 exhaust 
standards or the evaporative standards in paragraph (e)(1) of this 
section, must comply with all applicable Tier 2 exhaust standards or all 
evaporative standards, as applicable, described in this section.
    (iii) In addition to the requirements of paragraphs (k)(6)(i) and 
(ii) of this section, except as permitted in paragraph (k)(6)(vii) of 
this section, a manufacturer of LDV/LLDTs electing to use an alternate 
phase-in schedule for compliance with the Tier 2 exhaust standards or 
the evaporative standards in paragraph (e)(1) of this section must 
ensure that the sum of the percentages of vehicles from model years 2001 
through 2004, meeting such exhaust or evaporative standards, as 
applicable, is at least 25%.
    (iv) A manufacturer may elect an alternate phase-in schedule that 
results in 100% phase-in for HLDT/MDPVs by 2009. The requirements of 
paragraphs (k)(6)(i) through (k)(6)(ii) of this section apply, except 
that for HLDT/MDPVs, the calculation described in paragraphs (k)(6)(i) 
and (k)(6)(ii) of this section may cover model years 2001 through 2009 
and must produce a sum of at least 150%.
    (v) A manufacturer electing to use any alternate phase-in schedule 
permitted under this section must provide in its Application for 
Certification for the first year in which it intends to use such a 
schedule, and in each succeeding year during the phase-in, the intended 
phase-in percentages for that model year and the remaining phase-in 
years along with the intended final sum of those percentages as 
described in this paragraph (k)(6). This information may be included 
with the information required under Sec. 86.1844-01(d)(13). In its year 
end annual reports, as required under Sec. 86.1844-01(e)(4) the 
manufacturer must include sufficient information so that the 
Administrator can verify compliance with the alternative phase-in 
schedule established under paragraph (k)(6) of this section.
    (vi) Under an alternate phase-in schedule, the projected phase-in 
percentage is not binding for a given model year, provided the sums of 
the actual phase-in percentages that occur meet the appropriate total 
sums as required in paragraph (k)(6) of this section, and provided that 
100% actual compliance is reached for the appropriate model year, either 
2007 or 2009, as described in paragraph (k)(6) of this section.
    (vii) A manufacturer unable to meet the 25% requirement in paragraph 
(k)(6)(iii) of this section, must:

[[Page 412]]

    (A) Ensure that the sum of the percentages of vehicles for model 
years 2001 through 2004, meeting such exhaust or evaporative standards, 
as applicable, is at least 20%.
    (B) Subtract that sum of percentages for model years 2001 through 
2004 from 25%, and multiply the unrounded result by 2.
    (C) Round the product from paragraph (k)(6)(vii)(B) of this section 
to the nearest 0.1% and add that to 50%. That sum becomes the required 
phase-in percentage for the 2005 model year.
    (D) Comply with the phase-in percentage for the 2005 model year 
determined in paragraph (k)(6)(vii)(C) of this section.
    (E) Comply with a minimum phase-in percentage for the 2006 model 
year determined by the following equation:

minimum phase-in percentage for 2006 = [75% - (2005api - 
    2005rpi)]

Where:

2005rpi = the required phase-in for the 2005 model year as 
determined in paragraph (k)(6)(vii)(C) of this section; and
2005api = the manufacturer's actual phase-in quantity for the 
2005 model year.

    (7)(i) Sales percentages for the purpose of determining compliance 
with the phase-in of the Tier 2 requirements and the phase-in of the 
evaporative standards in paragraph (e)(1) of this section, must be based 
upon projected U.S. sales of LDV/LLDTs and HLDT/MDPVs of the applicable 
model year by the manufacturer to the point of first sale. Such sales 
percentages must be rounded to the nearest one tenth of a percent, and 
must not include vehicles and trucks projected to be sold to points of 
first sale in California or a state that has adopted California 
requirements for that model year as permitted under section 177 of the 
Act.
    (ii) Alternatively, the manufacturer may petition the Administrator 
to allow actual volume produced for U.S. sales to be used in lieu of 
projected U.S. sales for purposes of determining compliance with the 
phase-in percentage requirements under this section. The manufacturer 
must submit its petition within 30 days of the end of the model year to 
the Vehicle Programs and Compliance Division. For EPA to approve the use 
of actual volume produced for U.S. sales, the manufacturer must 
establish to the satisfaction of the Administrator, that actual 
production volume is functionally equivalent to actual sales volume of 
LDV/LLDTs and HLDT/MDPVs sold in states other than California and states 
that have adopted California standards.
    (iii) Manufacturers must submit information showing compliance with 
all phase-in requirements of this section with its Part I application as 
required by Sec. 86.1844(d)(13).
    (l) FTP exhaust standards for interim non-Tier 2 vehicles--(1) FTP 
exhaust emission standards for interim non-Tier 2 LDV/LLDTs. (i) LDV/
LLDTs that are not used to meet the Tier 2 phase-in requirements 
including the Tier 2 fleet average NOX requirement during the 
Tier 2 phase-in period (model years 2004-2006) must comply with the full 
useful life FTP exhaust emission standards listed in Table S04-1 of 
paragraph (c) of this section and the corresponding intermediate useful 
life standards, if any, in Table S04-2 of paragraph (c) of this section. 
Manufacturers may choose the bin of full useful life standards to which 
they certify a test group of vehicles, subject to the requirements in 
paragraph (l)(3)(i) of this section. In a given model year, an 
individual vehicle may not be used to comply with both the Tier 2 fleet 
average NOX standard and the applicable interim fleet average 
NOX standard although vehicles from the same test group may 
be separated and the vehicles counted toward compliance with either 
program.
    (ii) The provisions of paragraphs (c) (1), (2) and (3) of this 
section apply to flexible-fueled, dual fuel and multi-fuel interim non-
Tier 2 LDV/LLDTs.
    (iii) Only manufacturers that comply with the applicable FTP 
standards in Tables S04-1 and 2 of paragraph (c) of this section for all 
of their 2004 model year HLDTs and declare their intention to comply 
with the 2004 model year 25% phase-in requirement to the 0.20 g/mi 
interim fleet average NOX standard for HLDTs (or HLDT/MDPVs) 
described in this paragraph (l) may use the optional higher NMOG values 
for interim LDT2s certified to bin 9 standards that are shown in Tables 
S04-1 and

[[Page 413]]

2. Manufacturers must declare their intention to comply with the full 
2004 model year 25% phase-in requirement in Part I of their HLDT or 
their HLDT/MDPV, as applicable, certification applications.
    (iv) The provisions of paragraph (c)(4) of this section apply to 
interim non-Tier 2 vehicles.
    (2) FTP exhaust emission standards for interim non-Tier 2 HLDTs and 
interim non-Tier 2 MDPVs. (i) Except as permitted under paragraphs 
(l)(2) (vii) and (viii) of this section, HLDTs and MDPVs of model years 
2004-2008 that are not used to meet the Tier 2 FTP phase-in requirements 
including the Tier 2 fleet average NOX requirement must 
comply with the full useful life FTP exhaust emission standards listed 
in Table S04-1 of paragraph (c) of this section and, the corresponding 
intermediate useful life standards, if any, in Table S04-2 of paragraph 
(c) of this section. Manufacturers may choose the bin of full useful 
life standards to which they certify a test group of vehicles, subject 
to the requirements in paragraph (l)(3)(ii) of this section.
    (ii) Except as permitted under paragraphs (l)(2) (vii) and (viii) of 
this section, HLDTs and MDPVs of model years 2004-2008 that are not used 
to meet the Tier 2 FTP phase-in requirements including the Tier 2 fleet 
average NOX requirement must comply with the fleet average 
NOX standard described in paragraph (l)(3)(ii) of this 
section subject to the phase-in schedule in paragraph (l)(2)(iv) of this 
section, i.e. 25 percent of the HLDT and MDPVs must meet the fleet 
average standard of 0.20 g/mi in 2004, 50 percent in 2005, and so on.
    (iii) Manufacturers may choose the bin of full useful life standards 
and corresponding intermediate life standards to which they certify test 
groups of HLDTs and MDPVs, subject to the requirements in paragraph 
(l)(3)(ii) of this section. Manufacturers may include HLDT/MDPVs in the 
interim program that are not used to meet the Tier 2 fleet average 
NOX standard or the phase-in percentage requirements in the 
Tier 2 program or to generate Tier 2 NOX credits. In a given 
model year, an individual vehicle may not be used to comply with both 
the Tier 2 fleet average NOX standard and the applicable 
interim fleet average NOX standard although vehicles from the 
same test group may be separated and the vehicles counted toward 
compliance with either program.
    (iv) Phase-in schedule for interim non-Tier 2 HLDT/MDPVs. Table S04-
9 of this paragraph (l) specifies the minimum percentage of the 
manufacturer's interim non-Tier 2 HLDT/MDPV U.S. sales, by model year, 
that must comply with the fleet average NOX standard 
described in paragraph (l)(3)(ii) of this section. Table S04-9 follows:

Table S04-9--Phase-in Percentages for Compliance With Interim Non-Tier 2
                Fleet Average NOX Standard for HLDT/MDPVs
------------------------------------------------------------------------
                                                           Percentage of
                                                            non-tier 2
                                                            HLDT/MDPVs
                                                          that must meet
                       Model year                          interim non-
                                                           tier 2 fleet
                                                            average NOX
                                                             standard
------------------------------------------------------------------------
2004....................................................              25
2005....................................................              50
2006....................................................              75
2007 and 2008...........................................             100
------------------------------------------------------------------------

    (v)(A) A manufacturer may elect an alternate phase-in schedule, 
beginning as early as the 2001 model year, that results in 100% 
compliance by 2007 with the fleet average NOX standard for 
interim non-Tier 2 HLDT/MDPVs described in paragraph (l)(3)(ii) of this 
section. The requirements of paragraph (k)(6) of this section apply to 
the selection of an alternate phase-in schedule.
    (B) If a manufacturer elects not to bring all of its HLDT/MDPVs into 
compliance with the interim requirements in 2004 as permitted under 
paragraphs (l)(2)(vii) and
    (viii) of this section, it may still use an alternate phase-in 
schedule to attain 100% compliance with the interim fleet average 
NOX standard for HLDT/MDPVs, but the sum of phase-in 
percentages it must meet will be 225% rather than 250%. If the 
manufacturer commences its 2004 model year on or after December 21, 
2003, for any HLDT/MDPVs, the manufacturer must increase the 225% by the 
fraction of its 2004 model year HLDT/MDPVs whose model year commenced on 
or after that

[[Page 414]]

date and which were brought into compliance with the 0.20 g/mi corporate 
average NOX standard as required under paragraph (l)(2)(ix) 
of this section. The manufacturer must ensure that the sum of the 
percentages of vehicles up through model year 2005 complying with the 
interim fleet average NOX standard is at least 50%.
    (vi) The provisions of paragraphs (c) (1), (2) and (3) of this 
section apply to flexible-fueled, dual fuel and multi-fuel interim non-
Tier 2 HLDT/MDPVs.
    (vii) For 2004 model year HLDT test groups whose model year 
commences before December 21, 2003, the manufacturer may exempt such 
HLDTs from compliance with any requirements applicable to interim non-
Tier 2 HLDTs, and such HLDTs must be produced in accordance with 
standards and requirements in Sec. Sec. 86.1814-02 and 86.1815-02. Such 
HLDTs must also meet the refueling emission standards contained in 
paragraph (e)(3) of this section.
    (viii) For 2004 model year heavy-duty vehicles whose model year 
commences before December 21, 2003, the manufacturer may exempt such 
vehicles from compliance with any requirements applicable to interim 
non-Tier 2 MDPVs. Exempted vehicles will not be considered MDPVs and 
must be produced in accordance with standards and requirements in Sec. 
86.099-10. Exempted vehicles are also exempted from refueling emission 
standards.
    (ix) For 2004 model year HLDT and MDPV test groups whose model year 
commences on or after December 21, 2003, the manufacturer must comply 
with all interim non-Tier 2 requirements in this section.
    (A) All such vehicles, but not more than 25% of the manufacturer's 
total sales of 2004 model year HLDT/MDPVs must meet the interim non-Tier 
2 fleet average NOX standard as described in paragraph 
(l)(3)(ii) of this section.
    (B) All such vehicles but not more than 40% of the manufacturer's 
2004 model year HLDT/MDPVs must comply with the refueling requirements 
in paragraph (e)(3) of this section.
    (x) Only those manufacturers that comply with the interim non-Tier 2 
FTP standards for all of their 2004 model year HLDTs and declare their 
intention to comply with the 2004 model year 25% phase-in requirement to 
the fleet average interim NOX standard for HLDTs or HLDT/
MDPVs of 0.20 g/mi described in paragraph (l) of this section may use 
the optional higher NMOG values for interim LDT4s certified to bin 10 
standards that are shown in Tables S04-1 and 2 of paragraph (c) of this 
section. Manufacturers must declare their intention to comply with the 
2004 model year 25% phase-in requirement in Part I of their HLDT 
certification applications.
    (xi) Only those manufacturers that comply with the interim non-Tier 
2 FTP standards for all of their 2004 model year MDPVs, and declare 
their intention to comply with the 2004 model year 25% phase-in 
requirement to the fleet average interim NOX standard for 
MDPVs or HLDT/MDPVs of 0.20 g/mi described in paragraph (l) of this 
section may:
    (A) Use the exhaust emission standards of bin 11 in Tables S04-1 and 
S04-2 of paragraph (c) in this section for MDPVs through model year 
2008;
    (B) For diesel-fueled vehicles, certify the engines in such 
vehicles, through model year 2007, to provisions in this part 86 
applicable to diesel-fueled heavy-duty engines of the appropriate model 
year. Such diesel fueled vehicles must not be included in any count or 
determination of compliance with the phase-in requirements applicable to 
interim non-Tier 2 MDPVs; and
    (C) Use the optional higher NMOG values for interim LDT4s certified 
to bin 10 standards that are shown in Tables S04-1 and 2.
    (xii) Manufacturers electing to comply with the provisions of 
paragraph (l)(2)(xi) of this section must declare their intention to 
comply with the 2004 model year 25% phase-in requirement to the fleet 
average interim NOX standard for MDPVs or HLDT/MDPVs of 0.20 
g/mi in Part I of their MDPV certification applications.
    (xiii) Where diesel-fueled heavy-duty engines are used as permitted 
under paragraph (l)(2)(xi)(B) of this section, such engines must be 
treated as a separate averaging set--MDPV HDDEs--under the averaging, 
banking and trading provisions applicable to heavy-duty

[[Page 415]]

diesel engines. Only NOX credits generated by engine-
certified diesel engines that are used in other MDPVs can be applied to 
these engines. Manufacturers wishing to average, bank or trade credits 
for MDPV HDDEs must comply with the requirements in this paragraph and 
with all requirements applicable to heavy-duty engine averaging, banking 
and trading in this part.
    (3) Fleet average NOX standards for interim non-Tier 2 
LDV/Ts and MDPVs. (i) Manufacturers must comply with a fleet average 
full useful life NOX standard for their interim non-Tier 2 
LDV/LLDTs, on an annual basis, of 0.30 grams per mile.
    (ii) Manufacturers must comply with a fleet average full useful life 
NOX standard for their interim non-Tier 2 HLDT/MDPVs, 
excluding those HLDTs and MDPVs not yet covered by the phase-in 
requirement described in paragraph (l)(2)(ii) of this section, on an 
annual basis, of 0.20 grams per mile.
    (iii) Manufacturers must determine their compliance with these 
interim fleet average NOX standards for each model year by 
separately computing the sales weighted average NOX level of 
all interim non-Tier 2 LDV/LLDTs and all interim non-Tier 2 HLDT/MDPVs 
(excluding those not yet phased in as described in paragraph (l)(2)(ii) 
of this section), using the methodology in Sec. 86.1860.
    (iv) Manufacturers may generate, bank, average, trade and use 
interim non-Tier 2 NOX credits based on their NOX 
fleet average as determined under paragraph (l)(3)(iii) of this section. 
Unless waived or modified by the Administrator, the provisions of Sec. 
86.1861 of this part apply to the generation, banking, averaging, 
trading and use of credits generated by interim non-Tier 2 vehicles. 
NOX credits generated by interim non-Tier 2 vehicles are not 
subject to any discount except as required by Sec. 86.1861-04(e).
    (m) NMOG standards for diesel, flexible fueled and dual-fueled LDV/
Ts and MDPVs. (1) For diesel fueled LDV/Ts and MDPVs, the term ``NMOG'' 
in both the Tier 2 and interim non-Tier 2 standards means non-methane 
hydrocarbons.
    (2) Flexible-fueled and dual-fuel Tier 2 and interim non-Tier 2 
vehicles must be certified to NMOG exhaust emission standards both for 
operation on gasoline and on any alternate fuel they are designed to 
use. Manufacturers may measure NMHC in lieu of NMOG when flexible-fueled 
and dual-fuel vehicles are operated on gasoline, subject to the 
requirements of Sec. 86.1810(p).
    (n) Hybrid electric vehicle (HEV) and Zero Emission Vehicle (ZEV) 
requirements. For FTP and SFTP exhaust emissions, and unless otherwise 
approved by the Administrator, manufacturers must measure emissions from 
all HEVs and ZEVs according to the requirements and test procedures 
found in the document entitled 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. This document is 
incorporated by reference (see Sec. 86.1) . Requirements and procedures 
in this document that are relevant only to complying with the California 
ZEV mandate, computing partial and full ZEV allowance credits, or 
generating and using ZEV credits, are not relevant to the federal 
program and may be disregarded. Discussion in that document relevant to 
fleet average NMOG standards and NMOG credits may also be disregarded.
    (o) NMOG measurement. (1) Manufacturers must measure NMOG emissions 
in accordance with Part G of the California Non-Methane Organic Gas Test 
Procedures. These requirements are incorporated by reference (see Sec. 
86.1).
    (2) Manufacturers must not apply reactivity adjustment factors 
(RAFs) to NMOG measurements. See Sec. 86.1841.
    (p) In-use standards. (1) Table S04-10 of this paragraph (p) 
contains in-use emission standards applicable only to vehicles certified 
to the bins shown in the table. These standards apply to in-use testing 
performed by the manufacturer pursuant to regulations at Sec. Sec. 
86.1845-01, 86.1845-04 and 86.1846-01 and to in-use testing performed by 
EPA. These standards do not apply to certification or Selective 
Enforcement Auditing.

[[Page 416]]

    (2) These standards apply only to LDV/LLDTs produced up through the 
2008 model year, and HLDT/MDPVs produced up through the 2010 model year. 
These standards are subject to other limitations described in paragraph 
(p)(3) of this section.
    (3) For the first model year and also for the next model year after 
that, in which a test group of vehicles is certified to a bin of 
standards to which it has not previously been certified, the standards 
in Table S04-10 of this paragraph (p) apply for purposes of in-use 
testing only. The standards apply equally to all LDV/Ts and MDPVs 
subject to the model year limitation in paragraph (p)(2) of this 
section. Table S04-10 follows:

                                                    Table S04-10--In-use Compliance Standards (g/mi)
                                                 [Certification standards shown for reference purposes]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                          NOX
             Bin number                 Durability period (miles)     NOX In-use     certification        NMOG In-use            NMOG certification
--------------------------------------------------------------------------------------------------------------------------------------------------------
5...................................                        50,000            0.07            0.05  n/a...................                         0.075
5...................................                       120,000            0.10            0.07  n/a...................                         0.090
4...................................                       120,000            0.06            0.04  n/a...................                         0.070
3...................................                       120,000            0.05            0.03  0.09..................                         0.055
2...................................                       120,000            0.03            0.02  0.02..................                         0.010
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (4) For diesel vehicles certified to bin 10, separate in-use 
standards apply for NOX and PM emissions. These standards are 
determined by multiplying the applicable NOX and PM 
certification standards by factors of 1.2 and 1.35, respectively, and 
then rounding the result to one more decimal place than contained in the 
certification standard. The resultant standards do not apply for 
certification or selective enforcement auditing.
    (5) For diesel vehicles certified to bin 7 and bin 8 only in model 
years 2007 through 2009, a manufacturer may optionally comply with the 
bin 5 FTP PM standard shown in Table S04-1. For diesel vehicles choosing 
this option, separate in-use NOX standards apply at high 
altitude conditions as defined in Sec. 86.1803-01. These standards are 
determined by multiplying the applicable NOX certification 
standards by a factor of 1.2. The resultant standards apply only in-use 
at high altitude conditions and do not apply for certification or 
selective enforcement auditing. A manufacturer choosing this option must 
certify such vehicles to the applicable FTP NOX and PM 
standards for a full useful life of 150,000 miles or 15 years, whichever 
occurs first. A manufacturer choosing this option would not be allowed 
to generate additional credits as described under Sec. 86.1860-04 (g).
    (q) Hardship provision for small volume manufacturers. (1) A small 
volume manufacturer may apply for relief from any applicable final 
phase-in model year contained in this section. Relief will only be 
available to defer required compliance with a completely new set of 
standards, a fleet average NOX standard, and/or evaporative 
emission standard for 100% of affected vehicles for one model year. 
Thus, a small volume manufacturer that obtains relief may:
    (i) Defer 100% compliance with the fleet average NOX 
standard for interim LDV/LLDTs (0.30 g/mi) until 2005;
    (ii) Defer 100% compliance with the evaporative emission standards 
and/or fleet average NOX standard for Tier 2 LDV/LLDTs (0.07 
g/mi) until 2008;
    (iii) Defer 100% compliance with the requirements that interim HLDTs 
and MDPVs comply with applicable emission standards shown in Tables S04-
1 and S04-2, until 2005;
    (iv) Defer 100% compliance with the fleet average NOX 
standard for interim HLDT/MDPVs (0.20 g/mi) until 2008; and
    (v) Defer 100% compliance with the evaporative emission standards 
and/or fleet average NOX standard for Tier 2 HLDT/MDPVs (0.07 
g/mi) until 2010.
    (vi) Defer compliance with the LDV/LLDT evaporative emissions 
standards in Table S09-1 of Sec. 86.1811-09(e) until 2013, and defer 
100% compliance with the LDV/LLDT evaporative emissions standards in 
Table S09-2 of Sec. 86.1811-09(e) until 2016. (The hardship relief

[[Page 417]]

may be extended one additional model year--two model years total.)
    (vii) Defer compliance with the HLDT/MDPV evaporative emissions 
standards in Table S09-1 of Sec. 86.1811-09(e) until 2014, and defer 
100% compliance with the HLDT/MDPV evaporative emissions standards in 
Table S09-2 of Sec. 86.1811-09(e) until 2016. (The hardship relief may 
be extended one additional model year--two model years total.)
    (viii) Defer 100% compliance with the LDV/LLDT cold temperature NMHC 
standards in Table S10-X of Sec. 86.1811-10(g) until 2015. (The 
hardship relief may be extended one additional model year--two model 
years total.)
    (ix) Defer 100% compliance with the HLDT/MDPV cold temperature NMHC 
standards in Table S10-X of Sec. 86.1811-10(g) until 2017. (The 
hardship relief may be extended one additional model year--two model 
years total.)
    (2) Applications for relief must be in writing and must:
    (i) Be submitted before the earliest date of noncompliance;
    (ii) Include evidence that the manufacturer will incur severe 
economic hardship if relief is not granted;
    (iii) Include evidence that the noncompliance will occur despite the 
best efforts of the manufacturer to comply; and
    (iv) Include evidence that the manufacturer has made every 
reasonable effort to purchase credits to address the noncompliance, 
where applicable.
    (r) NMOG standard adjustment for direct ozone reducing devices. (1) 
A manufacturer may obtain NMOG credit for use in certifying to the 
exhaust NMOG standards listed in paragraph (c) of this section and for 
use in complying with the in-use standards of paragraph (p) of this 
section, where applicable. This credit effectively allows the 
manufacturer to increase the exhaust NMOG emission standards listed in 
these paragraphs by the amount of the applicable credit. For example, if 
the applicable NMOG credit was 0.01 g/mi, and the vehicle was being 
certified in Bin 5, as described in Table S04-1 of paragraph (c) of this 
section, exhaust NMOG emissions must be no greater than 0.10 g/mi, as 
opposed to the normal NMOG certification standard of 0.09 g/mi in Bin 5.
    (2) The NMOG credit must be determined through a two-step process.
    (i) The first step must determine the ozone reduction potential of 
the direct ozone reducing device, the ozone reduction potential of 
exhaust NMOG reductions beyond Bin 5 of the Tier 2 standards, and the 
ratio of the two methods of reducing ambient ozone levels. The 
requirements for this step are described in paragraph (r)(3) of this 
section.
    (ii) The second step must demonstrate and certify the relevant 
performance characteristics of the specific ozone reducing device. The 
requirements for this step are described in paragraph (r)(4) of this 
section.
    (3) The ozone reduction potential of the direct ozone reducing 
device and the ozone reduction potential of exhaust NMOG reductions 
beyond Bin 5 of the Tier 2 standards must be estimated using procedures 
which are approved by the Administrator in advance. At a minimum:
    (i) The modeling must utilize an urban airshed model using up-to-
date chemical and meteorological simulation techniques;
    (ii) Four local areas must be modeled: New York City, Chicago, 
Atlanta and Houston;
    (iii) The ozone episodes to be modeled must meet the selection 
criteria established by EPA for State ozone SIPs;
    (iv) Photochemical and dispersion modeling must follow that used by 
EPA to project the ozone impacts of this rule, or its equivalent;
    (v) Emission projections must be made for calendar year 2007 and be 
consistent with those used by EPA in support of this final rule, or 
reflect updates approved by EPA;
    (vi) Baseline emissions (emissions prior to use of the direct ozone 
reducing device or the VOC emission reductions) must include the 
benefits of the Tier 2 emission and sulfur standards; as well as all 
other emission controls assumed in EPA's ozone modeling of the benefits 
of the Tier 2 and sulfur standards, as described in the Final Regulatory 
Impact Analysis to the Tier 2 and Sulfur Rule;
    (vii) The ozone benefit of the direct ozone reducing device must 
assume a radiator area of 0.29 square meters, an

[[Page 418]]

air flow velocity through the radiator of 40% of vehicle speed, and an 
ozone reduction efficiency of 80%, or other values as approved by the 
Administrator;
    (viii) The ozone level of the air entering the direct ozone reducing 
device must be assumed to be 40% less than that existing in the grid 
cell where the vehicle is located;
    (ix) The ozone benefit of VOC emission reductions must be modeled by 
assuming that all Tier 2 LDVs, LDTs and MDPVs meet an exhaust NMOG 
standard of 0.055 g/mi or lower instead of a 0.09 g/mi NMOG standard;
    (x) The ozone reducing device must be assumed to be present on all 
of the Tier 2 LDVs, LDTs and MDPVs modeled as meeting the more stringent 
NMOG standard described in paragraph (r)(3)(ix) of this section;
    (xi) The relationship between changes in exhaust NMOG emission 
standards and in-use VOC emissions must be determined sufficiently far 
in the future to ensure that the change in ozone being modeled is 
sufficiently large to allow comparison with the impact of the ozone 
reducing device;
    (xii) LDV, LDT and MDPV emissions must be modeled using the updated 
Tier 2 emission model developed by EPA as part of the Tier 2 rulemaking 
(available from EPA upon request) or MOBILE6, once this model is 
available;
    (xiii) The ozone benefit of the direct ozone reducing device must be 
the reduction in the peak one-hour ozone level anywhere in the modeled 
region on the day when ozone is at its highest;
    (xiv) The NMOG credit in each local area must be the reduction in 
peak one hour ozone associated with use of the direct ozone reducing 
device divided by the reduction in peak one hour ozone associated with 
the more stringent exhaust NMOG emission standard multiplied by the 
reduction the exhaust NMOG standard (in g/mi) modeled in paragraph 
(r)(3)(ix) of this section; and
    (xv) The NMOG credit applicable to the generic direct ozone reducing 
device modeled in paragraph (r)(3)(vii) of this section must be 
determined by arithmetically averaging the NMOG credit determined in 
paragraph (r)(3)(xiv) of this section for each of the four local areas.
    (4) The manufacturer must submit data, using procedures which have 
been approved by the Administrator in advance, that demonstrate the 
following aspects of the device being certified:
    (i) The air flowrate through the device as a function of vehicle 
speed;
    (ii) The ozone reduction efficiency of the device over the useful 
life of the vehicle for a range of vehicle speeds and ozone levels;
    (iii) The method through which the onboard diagnostic system will 
detect improper performance.
    (5) The NMOG credit for the specific application of this technology 
tested under the provisions of paragraph (r)(4) of this section is the 
four-area NMOG credit determined in paragraph (r)(3)(xv) of this section 
scaled based on the performance of the specific application tested under 
the provisions of paragraph (r)(4) of this section relative to those 
assumed in paragraph (r)(3)(vii) of this section. This scaling must 
assume a linear relationship between the NMOG credit and three aspects 
of the direct ozone reducing device: radiator area, average air flow 
through the radiator relative to vehicle speed, and ozone reduction 
efficiency and the NMOG credit. The NMOG credit must be rounded to the 
nearest 0.001 g/mi. For example, if the NMOG credit determined in 
paragraph (r)(3)(xv) of this section was 0.01 g/mi and the specific 
direct ozone reducing device being certified had an area of 0.20 square 
meters, an air flow velocity of 30% of vehicle speed and an ozone 
reducing efficiency of 70%, and the generic ozone reducing device 
simulated in the ozone model under paragraph (r)(3)(vii) of this section 
had an area of 0.29 square meters, an air flow velocity of 40% of 
vehicle speed and an ozone reducing efficiency of 80%, the NMOG credit 
applicable to the specific device being certified would be:

0.01 g/mi * (0.20/0.29) * (30%/40%) * 70%/80%) = 0.005
    (s) Manufacturers may request to group heavy-duty vehicles into the 
same test group as other vehicles subject to more stringent standards, 
so long as all vehicles in the test group meet the most stringent 
standards applicable to any vehicle within that test

[[Page 419]]

group, as provided at Sec. 86.1827-1(a)(5) and (d)(4).

[65 FR 6854, Feb. 10, 2000; 65 FR 10598, Feb. 28, 2000, as amended at 65 
FR 59970, Oct. 6, 2000; 66 FR 19309, Apr. 13, 2001; 67 FR 72825, Dec. 6, 
2002; 70 FR 40443, July 13, 2005; 71 FR 16060, Mar. 30, 2006; 72 FR 
8562, Feb. 26, 2007]



Sec. 86.1811-09  Emission standards for light-duty vehicles, light-duty trucks 

and medium-duty passenger vehicles.

    Section 86.1811-09 includes text that specifies requirements that 
differ from Sec. 86.1811-04. Where a paragraph in Sec. 86.1811-04 is 
identical and applicable to Sec. 86.1811-09, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.1811-04.'' Where a corresponding paragraph of 
Sec. 86.1811-04 is not applicable, this is indicated by the statement 
``[Reserved]''
    (a) Applicability. (1) This section contains regulations 
implementing emission standards for all LDVs, LDTs and MDPVs. This 
section applies to 2009 and later model year LDVs, LDTs and MDPVs fueled 
by gasoline, diesel, methanol, ethanol, natural gas and liquefied 
petroleum gas fuels, except as noted. Additionally, this section applies 
to hybrid electric vehicles (HEVs) and zero emission vehicles (ZEVs). 
Unless otherwise specified, multi-fueled vehicles must comply with all 
requirements established for each consumed fuel.
    (2) through (4) [Reserved]. For guidance see Sec. 86.1811-04.
    (5) The exhaust emission standards and evaporative emission 
standards of this section apply equally to certification and in-use 
LDVs, LDTs and MDPVs, unless otherwise specified. See paragraph (t) of 
this section for interim evaporative emission in-use standards that are 
different than the certification evaporative emission standards 
specified in paragraph (e) of this section.
    (b) through (d) [Reserved]. For guidance see Sec. 86.1811-04.
    (e) Evaporative emission standards. Evaporative emissions from 
gasoline-fueled, natural gas-fueled, liquefied petroleum gas-fueled, 
ethanol-fueled and methanol-fueled vehicles must not exceed the 
standards in this paragraph (e). The standards apply equally to 
certification and in-use vehicles.
    (1) Diurnal-plus-hot soak evaporative hydrocarbon standards. (i) 
Hydrocarbons for LDV/LLDTs, HLDTs and MDPVs that are gasoline-fueled, 
dedicated natural gas-fueled, dedicated liquefied petroleum gas-fueled, 
dedicated ethanol-fueled, dedicated methanol-fueled and multi-fueled 
vehicles when operating on gasoline must not exceed the diurnal plus hot 
soak standards shown in Table S09-1 for the full three diurnal test 
sequence and for the supplemental two diurnal test sequence. The 
standards apply equally to certification and in-use vehicles, except as 
otherwise specified in paragraph (t) of this section. Table S09-1 
follows:

                  Table S09-1--Light-Duty Diurnal Plus Hot Soak Evaporative Emission Standards
                                                [grams per test]
----------------------------------------------------------------------------------------------------------------
                                                                                                  Supplemental 2
                                                                                       3 day            day
                        Vehicle category                            Model year      diurnal+hot     diurnal+hot
                                                                                       soak            soak
----------------------------------------------------------------------------------------------------------------
LDVs............................................................            2009            0.50            0.65
LLDTs...........................................................            2009            0.65            0.85
HLDTs...........................................................            2010            0.90            1.15
MDPVs...........................................................            2010            1.00            1.25
----------------------------------------------------------------------------------------------------------------

    (ii) Hydrocarbons for LDV/LLDTs, HLDTs and MDPVs that are multi-
fueled vehicles operating on non-gasoline fuel must not exceed the 
diurnal plus hot soak standards shown in Table S09-2 for the full three 
diurnal test sequence and for the supplemental two diurnal test 
sequence. The standards apply equally to certification and in-use 
vehicles except as otherwise specified in paragraph (t) of this section. 
Table S09-2 follows:

[[Page 420]]



   Table S09-2--Light-Duty Diurnal Plus Hot Soak Evaporative Emission
        Standards: Non-Gasoline Portion of Multi-Fueled Vehicles
                            [grams per test]
------------------------------------------------------------------------
                                                          Supplemental 2
                                               3 day            day
            Vehicle category                diurnal+hot     diurnal+hot
                                               soak            soak
------------------------------------------------------------------------
LDVs....................................            0.50            0.65
LLDTs...................................            0.65            0.85
HLDTs...................................            0.90            1.15
MDPVs...................................            1.00            1.25
------------------------------------------------------------------------

    (iii) For multi-fueled vehicles operating on non-gasoline fuel, 
manufacturers must comply with the phase-in requirements in Table S09-3 
of this paragraph for the evaporative emission requirements specified in 
Table S09-2 of this section. Phase-in schedules are grouped together for 
LDV/LLDTs and HLDT/MDPVs. These requirements specify the minimum 
percentage of the manufacturer's LDV/LLDT/HLDT/MDPV 50-State sales, by 
model year, that must meet the requirements for their full useful lives. 
Table S09-3 follows:

 Table S09-3--Phase-In Percentages for Light-Duty Diurnal Plus Hot Soak
  Evaporative Emission Standards: Non-Gasoline Portion of Multi-Fueled
                                Vehicles
------------------------------------------------------------------------
                                                          Percentage of
                                                          vehicles that
                                                            must meet
                      Model year                           evaporative
                                                            emission
                                                          requirements
------------------------------------------------------------------------
2012..................................................                30
2013..................................................                60
2014 and subsequent...................................               100
------------------------------------------------------------------------

    (2) through (6) [Reserved]. For guidance see Sec. 86.1811-04.
    (7) In cases where vehicles are certified to evaporative emission 
standards in Tables S09-1 and S09-2 of this section, the Administrator 
may accept evaporative emissions data for low altitude testing in 
accordance with California test conditions and test procedures (in lieu 
of the evaporative emission test condition and test procedure 
requirements of subpart B of this part).
    (f) through (s) [Reserved]. For guidance see Sec. 86.1811-04.
    (t) Evaporative emission in-use standards. (1) For LDVs and LLDTs 
certified prior to the 2012 model year, the Tier 2 LDV/LLDT evaporative 
emissions standards in Table S04-3 of Sec. 86.1811-04(e) shall apply to 
in-use vehicles for only the first three model years after an 
evaporative family is first certified to the LDV/LLDT evaporative 
emission standards in Table S09-1 of paragraph (e) of this section, as 
shown in Table S09-4. For example, evaporative families first certified 
to the LDV/LLDT standards in Table S09-1 in the 2011 model year must 
meet the Tier 2 LDV/LLDT evaporative emission standards (Table S04-3) 
in-use for 2011, 2012, and 2013 model year vehicles (applying Tier 2 
standards in-use is limited to the first three years after introduction 
of a vehicle).
    (2) For HLDTs and MDPVs certified prior to the 2013 model year, the 
Tier 2 HLDT/MDPV evaporative emissions standards in Table S04-3 of Sec. 
86.1811-04(e) shall apply to in-use vehicles for only the first three 
model years after an evaporative family is first certified to the HLDT/
MDPV evaporative emission standards in Table S09-1 of paragraph (e) of 
this section, as shown in Table S09-5. For example, evaporative families 
first certified to the HLDT/MDPV standards in Table S09-1 in the 2012 
model year must meet the Tier 2 HLDT/MDPV evaporative emission standards 
(Table S04-3) in-use for 2012, 2013, and 2014 model year vehicles 
(applying Tier 2 standards in-use is limited to the first three years 
after introduction of a vehicle).

     Table S09-4--Schedule for In-Use LDV/LLDT Diurnal Plus Hot Soak
                     Evaporative Emission Standards
------------------------------------------------------------------------
           Model Year of Introduction              2009    2010    2011
------------------------------------------------------------------------
Models Years That Tier 2 Standards Apply to In-     2009    2010    2011
 use Vehicles...................................
                                                    2010    2011    2012
                                                    2011    2012    2013
------------------------------------------------------------------------


    Table S09-5--Schedule For In-Use HLDT/MDPV Diurnal Plus Hot Soak
                     Evaporative Emission Standards
------------------------------------------------------------------------
           Model Year of Introduction              2010    2011    2012
------------------------------------------------------------------------
Models Years That Tier 2 Standards Apply to In-     2010    2011    2012
 use Vehicles...................................
                                                    2011    2012    2013
                                                    2012    2013    2014
------------------------------------------------------------------------


[72 FR 8562, Feb. 26, 2007; 72 FR 13352, Mar. 21, 2007]

[[Page 421]]



Sec. 86.1811-10  Emission standards for light-duty vehicles, light-duty trucks 

and medium-duty passenger vehicles.

    Section 86.1811-10 includes text that specifies requirements that 
differ from Sec. Sec. 86.1811-04 and 86.1811-09. Where a paragraph in 
Sec. 86.1811-04 or Sec. 86.1811-09 is identical and applicable to 
Sec. 86.1811-10, this may be indicated by specifying the corresponding 
paragraph and the statement ``[Reserved]. For guidance see Sec. 
86.1811-04'' or ``[Reserved]. For guidance see Sec. 86.1811-09.'' Where 
a corresponding paragraph of Sec. 86.1811-04 or Sec. 86.1811-09 is not 
applicable, this is indicated by the statement ``[Reserved]''
    (a) [Reserved]. For guidance see Sec. 86.1811-09.
    (b) through (d) [Reserved]. For guidance see Sec. 86.1811-04.
    (e) [Reserved]. For guidance see Sec. 86.1811-09.
    (f) [Reserved]. For guidance see Sec. 86.1811-04.
    (g) Cold temperature exhaust emission standards. (1) Cold 
temperature CO standards. These cold temperature CO standards are 
applicable only to gasoline fueled LDV/Ts and MDPVs. Cold temperature CO 
exhaust emission standards apply over a useful life of 50,000 miles or 5 
years (whichever occurs first) as follows:
    (i) For LDVs and LDT1s, the standard is 10.0 grams per mile CO.
    (ii) For LDT2s, LDT3s and LDT4s, and MDPVs, the standard is 12.5 
grams per mile CO.
    (iii) These standards do not apply to interim non-Tier 2 MDPVs.
    (2) Cold temperature NMHC standards. Full useful life fleet average 
cold temperature NMHC standards are applicable only to gasoline fueled 
LDV/LLDTs and HLDT/MDPVs, and apply equally to certification and in-use 
except as otherwise specified in paragraph (u) of this section for in-
use standards for applicable phase-in models. Testing with other fuels 
such as E85, or testing on diesel vehicles, is not required. Multi-fuel, 
bi-fuel or dual-fuel vehicles must comply with requirements using 
gasoline only. For LDV/LLDTs, the useful life is 120,000 miles or 10 
years, whichever comes first. For HLDT/MDPVs, the useful life is 120,000 
miles or 11 years, whichever comes first. There is not an intermediate 
useful life standard for cold temperature NMHC standards.
    (i) The standards are shown in the following table:

    Table S10-1--Fleet Average Cold Temperature NMHC Full Useful Life
                       Exhaust Emission Standards
------------------------------------------------------------------------
                                                               Cold
                                                            temperature
                                                            NMHC sales-
                 Vehicle weight category                  weighted fleet
                                                              average
                                                             standard
                                                           (grams/mile)
------------------------------------------------------------------------
LDVs & LLDTs (<=6,000 lbs GVWR).........................             0.3
HLDTs (6,000-8,500 lbs GVWR) & MDPVs (8,500-10,000 lbs GVWR)..............................
------------------------------------------------------------------------

    (ii) The manufacturer must calculate its fleet average cold 
temperature NMHC emission level(s) as described in Sec. 86.1864-10(m).
    (iii) During a phase-in year, the manufacturer must comply with the 
fleet average standards for the required phase-in percentage for that 
year as specified in paragraph (g)(3) of this section, or for the 
alternate phase-in percentage as permitted under paragraph (g)(4) of 
this section.
    (iv) For model years prior to 2010 (LDV/LLDTs) and 2012 (HLDT/
MDPVs), where the manufacturer desires to bank early NMHC credits as 
permitted under Sec. 86.1864-10(o)(5), the manufacturer must achieve a 
fleet average standard below the applicable standard. Manufacturers must 
determine compliance with the cold temperature NMHC fleet average 
standard according to Sec. 86.1864-10(o).
    (3) Phase-in of the cold temperature NMHC standards. Except as 
permitted in Sec. 86.1811-04(k)(5)(vi) and (vii) regarding small volume 
manufacturers, manufacturers must comply with the phase-in requirements 
in Tables S10-2 and S10-3. Separate phase-in schedules are provided for 
LDV/LLDTs and for HLDT/MDPVs. These requirements specify the minimum 
percentage of the manufacturer's LDV/LLDT and HLDT/MDPV 50-State sales, 
by model year, that must meet the fleet average cold temperature NMHC 
standard for their full useful lives. LDVs and LLDTs must be grouped 
together to determine compliance with these phase-in requirements, and 
HLDTs and MDPVs

[[Page 422]]

must also be grouped together to determine compliance with these phase-
in requirements. Tables S10-2 and S10-3 follow:

  Table S10-2--Phase-in Percentages for LDV/LLDT Cold Temperature NMHC
                              Requirements
------------------------------------------------------------------------
                                                           Percentage of
                                                          LDV/LLDTs that
                       Model year                            must meet
                                                            requirement
------------------------------------------------------------------------
2010....................................................              25
2011....................................................              50
2012....................................................              75
2013 and subsequent.....................................             100
------------------------------------------------------------------------


  Table S10-3--Phase-in Percentages for HLDT/MDPV Cold Temperature NMHC
                              Requirements
------------------------------------------------------------------------
                                                           Percentage of
                                                            HLDT/MDPVs
                       Model year                         that must meet
                                                            requirement
------------------------------------------------------------------------
2012....................................................              25
2013....................................................              50
2014....................................................              75
2015 and subsequent.....................................             100
------------------------------------------------------------------------

    (4) Alternate phase-in schedules for cold temperature NMHC 
standards. (i) Manufacturers may apply for alternate phase-in schedules 
that would still result in 100% phase-in by 2013 and 2015, respectively, 
for LDV/LLDTs and HLDT/MDPVs. An alternate phase-in schedule submitted 
by a manufacturer is subject to EPA approval. The alternate phase-in 
will not be used to delay full implementation past the last year of the 
primary phase-in schedule (2013 for LDV/LLDTs, 2015 for HLDT/MDPVs). An 
alternate phase-in schedule will be acceptable if it satisfies the 
following conditions (where API = Anticipated Phase-In percentage for 
the referenced model year):
    LDV/LLDTs:

(6xAPI2008) + (5xAPI2009) + (4xAPI2010) 
    + (3xAPI2011) + (2xAPI2012) + 
    (1xAPI2013) [gteqt]500%, and (6xAPI2008) + 
    (5xAPI2009) + (4xAPI2010) [gteqt]100%

    HLDT/MDPVs:

(6xAPI2010) + (5xAPI2011) + (4xAPI2012) 
    + (3xAPI2013) + (2xAPI2014) + 
    (1xAPI2015) [gteqt]500%, and (6xAPI2010) + 
    (5xAPI2011) + (4xAPI2012) [gteqt]100%,
     or

(6xAPI2010) + (5xAPI2011) + (4xAPI2012) 
    + (3xAPI2013) + (2xAPI2014) + 
    (1xAPI2015) [gteqt]600%

    (ii)(A) For LDV/LLDTs, if the sum of products in paragraph (g)(4)(i) 
of this section is greater than or equal to 500%, which is the sum of 
products from the primary phase-in schedule (4x25% + 3x50% + 2x75% + 
1x100% = 500%), then the alternate phase-in schedule is acceptable, 
except as prohibited in paragraphs (g)(4)(i) and (iii) of this section. 
In addition, manufacturers electing to use an alternate phase-in 
schedule for compliance with the cold temperature NMHC exhaust emission 
standards must ensure that the sum of products is at least 100% for 
model years 2010 and earlier for LDV/LLDTs. For example, a phase-in 
schedule for LDV/LLDTs of 5/10/10/45/80/100 that begins in 2008 would 
calculate as (6x5%) + (5x10%) + (4x10%) = 120% and would be acceptable 
for 2008-2010. The full phase-in would calculate as (6x5%) + (5x10%) + 
(4x10%) + (3x45%) + (2x80%) + (1x100%) = 515% and would be acceptable 
for 2008-2013.
    (B) For HLDT/MDPVs, if the sum of products in paragraph (g)(4)(i) of 
this section is greater than or equal to 500%, which is the sum of 
products from the primary phase-in schedule (4x25% + 3x50% + 2x75% + 
1x100% = 500%), then the alternate phase-in schedule is acceptable, 
except as prohibited in paragraphs (g)(4)(i) and (iii) of this section. 
In addition, manufacturers electing to use an alternate phase-in 
schedule for compliance with the cold temperature NMHC exhaust emission 
standards must ensure that the sum of products is at least 100% for 
model years 2012 and earlier for HLDT/MDPVs. Alternately, if the sum of 
products is greater than or equal to 600%, then the alternate phase-in 
schedule is acceptable, except as prohibited in paragraphs (g)(4)(i) and 
(iii) of this section. If the sum of products is greater than or equal 
to 600%, then there are no requirements on the sum of products for model 
years 2012 and earlier.
    (iii) Under an alternate phase-in schedule, the projected phase-in 
percentage is not binding for a given model year, provided the sums of 
the actual phase-in percentages that occur

[[Page 423]]

meet the appropriate total sums as required in the equations of 
paragraph (g)(4)(i) of this section, and provided that 100% actual 
compliance is reached for the appropriate model year, either 2013 for 
LDV/LLDTs or 2015 for HLDT/MDPVs.
    (5) Manufacturers must determine compliance with required phase-in 
schedules as follows:
    (i) Manufacturers must submit information showing compliance with 
all phase-in requirements of this section with their Part I applications 
as required by Sec. 86.1844(d)(13).
    (ii) A manufacturer electing to use any alternate phase-in schedule 
permitted under this section must provide in its Application for 
Certification for the first year in which it intends to use such a 
schedule, and in each succeeding year during the phase-in, the intended 
phase-in percentages for that model year and the remaining phase-in 
years along with the intended final sum of those percentages as 
described in paragraph (g)(4)(i) of this section. This information may 
be included with the information required under Sec. 86.1844-01(d)(13). 
In its year end annual reports, as required under Sec. 86.1844-
01(e)(4), the manufacturer must include sufficient information so that 
the Administrator can verify compliance with the alternate phase-in 
schedule established under paragraph (g)(4)(i) of this section.
    (6)(i) Sales percentages for the purpose of determining compliance 
with the phase-in of the cold temperature NMHC requirements must be 
based upon projected 50-State sales of LDV/LLDTs and HLDT/MDPVs of the 
applicable model year by the manufacturer to the point of first sale. 
Such sales percentages must be rounded to the nearest 0.1 percent.
    (ii) Alternatively, the manufacturer may petition the Administrator 
to allow actual volume produced for U.S. sales to be used in lieu of 
projected U.S. sales for purposes of determining compliance with the 
phase-in percentage requirements under this section. The manufacturer 
must submit its petition within 30 days of the end of the model year. 
For EPA to approve the use of actual volume produced for U.S. sales, the 
manufacturer must establish to the satisfaction of the Administrator, 
that actual production volume is functionally equivalent to actual sales 
volume of LDV/LLDTs and HLDT/MDPVs sold in all 50 U.S. States.
    (h) through (s) [Reserved]. For guidance see Sec. 86.1811-04.
    (t) [Reserved]. For guidance see Sec. 86.1811-09.
    (u) Cold temperature NMHC exhaust emission in-use standards for 
applicable phase-in models. An interim full useful life in-use 
compliance standard is calculated by adding 0.1 g/mi to the FEL to which 
each test group is newly certified, and applies to that test group only 
for the model years shown in Tables S10-4 and S10-5. Otherwise, the in-
use standard is the certification standard from paragraph (g)(2) of this 
section. The standards apply for purposes of in-use testing only and 
does not apply to certification or Selective Enforcement Auditing. 
Tables S10-4 and S10-5 follow:

                         Table S10-4--In-Use Standards for Applicable Phase-In LDV/LLDTs
----------------------------------------------------------------------------------------------------------------
                   Model Year of Introduction                      2008    2009    2010    2011    2012    2013
----------------------------------------------------------------------------------------------------------------
Models years that the interim in-use standard is available......    2008    2009    2010    2011    2012    2013
                                                                    2009    2010    2011    2012    2013    2014
                                                                    2010    2011    2012    2013    2014
                                                                    2011    2012    2013
----------------------------------------------------------------------------------------------------------------


                        Table S10-5--In-Use Standards for Applicable Phase-In HLDT/MDPVs
----------------------------------------------------------------------------------------------------------------
                   Model Year of Introduction                      2010    2011    2012    2013    2014    2015
----------------------------------------------------------------------------------------------------------------
Models years that the interim in-use standard is available......    2010    2011    2012    2013    2014    2015
                                                                    2011    2012    2013    2014    2015    2016
                                                                    2012    2013    2014    2015    2016
                                                                    2013    2014    2015
----------------------------------------------------------------------------------------------------------------


[[Page 424]]


[72 FR 8564, Feb. 26, 2007]



Sec. 86.1812-01  Emission standards for light-duty trucks 1.

    This section applies to 2001 and later model year light-duty truck 
1's fueled by gasoline, diesel, methanol, natural gas and liquefied 
petroleum gas fuels except as noted. Multi-fueled vehicles shall comply 
with all requirements established for each consumed fuel. For methanol 
fueled vehicles, references in this section to total hydrocarbons shall 
mean total hydrocarbon equivalents and references to non-methane 
hydrocarbons shall mean non-methane hydrocarbon equivalents. This 
section does not apply to 2004 and later model year vehicles, except as 
specifically referenced by Sec. 86.1811-04.
    (a) Exhaust emission standards. (1) Exhaust emissions shall not 
exceed the following standards at intermediate useful life:
    (i) [Reserved]
    (ii) Non-methane hydrocarbons: 0.25 grams per mile.
    (iii) Carbon monoxide: 3.4 grams per mile.
    (iv) Oxides of nitrogen: 0.4 grams per mile except diesel fuel which 
have a 1.0 gram per mile standard.
    (v) Particulate matter: 0.08 grams per mile.
    (2) Exhaust emissions from 2001 and later model year light-duty 
truck 1's shall not exceed the following standards at full useful life:
    (i) Total hydrocarbons: 0.80 grams per mile, except natural gas, 
which has no standard. For purposes of this section, the full useful 
life total hydrocarbon standard is for 11 years or 120,000 miles 
whichever occurs first.
    (ii) Non-methane hydrocarbons: 0.31 grams per mile.
    (iii) Carbon monoxide: 4.2 grams per mile.
    (iv) Oxides of nitrogen: 0.6 grams per mile except diesel fuel which 
have a 1.25 gram per mile standard.
    (v) Particulate matter: 0.10 grams per mile.
    (b) Supplemental exhaust emission standards. (1) Supplemental 
exhaust emissions from gasoline-fueled and diesel-fueled light-duty 
truck 1's shall not exceed the following standards at intermediate 
useful life:
    (i) Nonmethane hydrocarbon and oxides of nitrogen composite: 0.65 
grams per mile except diesel fuel which have a 1.48 gram per mile 
standard.
    (ii) Carbon monoxide. Regulated vehicles shall meet at least one of 
the following two sets of standards:
    (A) Individual US06 and SC03 Air Conditioning compliance. Comply 
with both the following standards:
    (1) 3.0 grams per mile on the A/C test, not applicable to diesel 
fueled vehicles; and
    (2) 9.0 grams per mile on the US06 test; or
    (B) Composite Carbon Monoxide Standard: 3.4 grams per mile.
    (2) Supplemental exhaust emissions from gasoline-fueled and diesel-
fueled light-duty vehicles shall not exceed the following standards at 
full useful life:
    (i) Nonmethane hydrocarbon and oxides of nitrogen composite: 0.91 
grams per mile except diesel fuel which have a 2.07 gram per mile 
standard.
    (ii) Carbon monoxide. Regulated vehicles shall meet at least one of 
the following two sets of standards:
    (A) Individual US06 and SC03 Air Conditioning compliance. Comply 
with both the following standards:
    (1) 3.7 grams per mile on the A/C test, not applicable to diesel 
fueled vehicles; and
    (2) 11.1 grams per mile on the US06 test; or
    (B) Composite Carbon Monoxide Standard: 4.2 grams per mile.
    (c) Cold temperature emission standards. Exhaust emissions from 
gasoline-fueled light-duty truck 1's with a loaded vehicle weight of 
3,750 lbs or less shall not exceed the cold temperature CO standard of 
10.0 grams carbon monoxide per mile for an intermediate useful life of 
50,000 miles.
    (d) Evaporative emissions. Evaporative emissions from gasoline-
fueled, natural gas-fueled, liquefied petroleum gas-fueled, and 
methanol-fueled light-duty truck 1's 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.
    (1) Hydrocarbons. (i) For the full three-diurnal test sequence, 
diurnal plus hot soak measurements: 2.0 grams per test.

[[Page 425]]

    (ii) Gasoline and methanol fuel only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 2.5 grams per 
test.
    (iii) Gasoline and methanol fuel only. Running loss test: 0.05 grams 
per mile.
    (iv) Gasoline and methanol fuel only. Fuel dispensing spitback test: 
1.0 grams per test.
    (2) [Reserved]
    (e) Refueling emissions. Refueling emissions from light-duty truck 
1's shall be phased in, in accordance with the schedule in table S01-4 
of Sec. 86.1810-01 not to exceed the following emission standards:
    (1) For gasoline-fueled, diesel-fueled and methanol-fueled vehicles: 
0.20 grams hydrocarbon per gallon (0.053 gram per liter) of fuel 
dispensed.
    (2) For liquefied petroleum gas-fueled vehicles: 0.15 grams 
hydrocarbon per gallon (0.04 gram per liter) of fuel dispensed.
    (f) Certification short test. Certification short test emissions 
from gasoline-fueled Otto-cycle light-duty trucks shall not exceed the 
following standards:
    (1) Hydrocarbons: 100 ppm as hexane.
    (2) Carbon monoxide: 0.5%.
    (g) Idle exhaust emission standards. Exhaust emissions of carbon 
monoxide from gasoline, methanol, natural gas-and liquefied petroleum 
gas-fueled light-duty trucks shall not exceed 0.50 percent of exhaust 
gas flow at curb idle for a useful life of 11 years or 120,000 miles, 
whichever first occurs.
    (h) Manufacturers may request to group light-duty truck 1's into the 
same test group as vehicles subject to more stringent standards, so long 
as those light-duty truck 1's meet the most stringent standards 
applicable to any vehicle within that test group, as provided at Sec. 
86.1827(a)(5) and (d)(4).

[64 FR 23925, May 4, 1999, as amended at 65 FR 6863, Feb. 10, 2000; 65 
FR 59970, Oct. 6, 2000]



Sec. 86.1813-01  Emission standards for light-duty trucks 2.

    This section applies to 2001 and later model year light-duty truck 
2's fueled by gasoline, diesel, methanol, natural gas and liquefied 
petroleum gas fuels except as noted. Multi-fueled vehicles shall comply 
with all requirements established for each consumed fuel. For methanol 
fueled vehicles, references in this section to total hydrocarbons shall 
mean total hydrocarbon equivalents and references to non-methane 
hydrocarbons shall mean non-methane hydrocarbon equivalents. This 
section does not apply to 2004 and later model year vehicles, except as 
specifically referenced by Sec. 86.1811-04.
    (a) Exhaust emissions. (1) Exhaust emissions shall not exceed the 
following standards at intermediate useful life:
    (i) [Reserved]
    (ii) Non-methane hydrocarbons: 0.32 grams per mile.
    (iii) Carbon monoxide: 4.4 grams per mile.
    (iv) Oxides of nitrogen: 0.7 grams per mile except diesel fueled 
vehicles which have no standard.
    (v) Particulate matter: 0.08 grams per mile.
    (2) Exhaust emissions shall not exceed the following standards at 
full useful life:
    (i) Total hydrocarbons: 0.80 grams per mile, except natural gas, 
which has no standard. For purposes of this section, the full useful 
life total hydrocarbon standard is for 11 years or 120,000 miles 
whichever occurs first.
    (ii) Non-methane hydrocarbons: 0.40 grams per mile.
    (iii) Carbon monoxide: 5.5 grams per mile.
    (iv) Oxides of nitrogen: 0.97 grams per mile.
    (v) Particulate matter: 0.10 grams per mile.
    (b) Supplemental exhaust emissions. (1) Supplemental exhaust 
emissions from gasoline-fueled light-duty truck 2's shall not exceed the 
following standards at intermediate useful life:
    (i) Nonmethane hydrocarbon and oxides of nitrogen composite: 1.02 
grams per mile.
    (ii) Carbon monoxide. Regulated vehicles shall meet at least one of 
the following two sets of standards:
    (A) Individual US06 and SC03 Air Conditioning compliance. Comply 
with both the following standards:
    (1) 3.9 grams per mile on the A/C test, not applicable to diesel 
fueled vehicles; and

[[Page 426]]

    (2) 11.6 grams per mile on the US06 test; or
    (B) Composite Carbon Monoxide Standard: 4.4 grams per mile.
    (2) Supplemental exhaust emissions from gasoline-fueled light-duty 
truck 2's shall not exceed the following standards at full useful life:
    (i) Nonmethane hydrocarbon and oxides of nitrogen composite: 1.37 
grams per mile.
    (ii) Carbon monoxide. Regulated vehicles shall meet at least one of 
the following two sets of standards:
    (A) Individual US06 and SC03 Air Conditioning compliance. Comply 
with both the following standards:
    (1) 4.9 grams per mile on the A/C test, not applicable to diesel 
fueled vehicles; and
    (2) 14.6 grams per mile on the US06 test; or
    (B) Composite Carbon Monoxide Standard: 5.5 grams per mile.
    (c) Cold temperature emission standards. Exhaust emissions from 
gasoline-fueled light-duty truck 2's during cold temperature testing 
shall not exceed a cold temperature CO standard of 12.5 grams per mile 
for an intermediate useful life of 50,000 miles.
    (d) Evaporative emissions. Evaporative emissions from gasoline-
fueled, natural gas-fueled, liquefied petroleum gas-fueled, and 
methanol-fueled light-duty truck 2's 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.
    (1) Hydrocarbons (Total Hydrocarbon Equivalent for methanol-fueled). 
(i) For the full three-diurnal test sequence, diurnal plus hot soak 
measurements: 2.0 grams per test.
    (ii) Gasoline and methanol fuel only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 3.0 grams per 
test.
    (iii) Gasoline and methanol fuel only. Running loss test: 0.05 grams 
per mile.
    (iv) Gasoline and methanol fuel only. Fuel dispensing spitback test: 
1.0 grams per test.
    (2) [Reserved]
    (e) Refueling emissions. Refueling emissions from light-duty truck 
2's shall be phased in, in accordance with the schedule in table S01-4 
of Sec. 86.1810-01 not to exceed the following emission standards:
    (1) For gasoline-fueled, diesel-fueled and methanol-fueled vehicles: 
0.20 grams hydrocarbon per gallon (0.053 gram per liter) of fuel 
dispensed.
    (2) For liquefied petroleum gas-fueled vehicles: 0.15 grams 
hydrocarbon per gallon (0.04 gram per liter) of fuel dispensed.
    (f) Certification short test. Certification short test emissions 
from gasoline-fueled Otto-cycle light-duty vehicles and light-duty 
trucks shall not exceed the following standards:
    (1) Hydrocarbons: 100 ppm as hexane.
    (2) Carbon monoxide: 0.5%.
    (g) Idle exhaust emission standards, light-duty trucks. Exhaust 
emissions of carbon monoxide from 2001 and later model year gasoline, 
methanol, natural gas- and liquefied petroleum gas-fueled light-duty 
trucks shall not exceed 0.50 percent of exhaust gas flow at curb idle 
for a useful life of 11 years or 120,000 miles, whichever first occurs.
    (h) Manufacturers may request to group light-duty truck 2's into the 
same test group as vehicles subject to more stringent standards, so long 
as those light-duty truck 2's meet the most stringent standards 
applicable to any vehicle within that test group, as provided at Sec. 
86.1827(a)(5) and (d)(4).

[64 FR 23925, May 4, 1999, as amended at 65 FR 6863, Feb. 10, 2000; 65 
FR 59970, Oct. 6, 2000]



Sec. 86.1814-01  Emission standards for light-duty trucks 3.

    This section applies to 2001 and later model year light-duty truck 
3's fueled by gasoline, diesel, methanol, natural gas and liquefied 
petroleum gas fuels except as noted. Multi-fueled vehicles shall comply 
with all requirements established for each consumed fuel. For methanol 
fueled vehicles, references in this section to total hydrocarbons shall 
mean total hydrocarbon equivalents and references to non-methane 
hydrocarbons shall mean non-methane hydrocarbon equivalents.
    (a) Exhaust emission standards. (1) Exhaust emissions shall not 
exceed the following standards at intermediate useful life:
    (i) [Reserved]

[[Page 427]]

    (ii) Non-methane hydrocarbons: 0.32 grams per mile.
    (iii) Carbon monoxide: 4.4 grams per mile.
    (iv) Oxides of nitrogen: 0.7 grams per mile except diesel-fueled 
vehicles which have no standard.
    (v) [Reserved]
    (2) Exhaust emissions from 2001 and later model year light-duty 
truck 3's shall not exceed the following standards at full useful life:
    (i) Total hydrocarbons: 0.80 grams per mile except natural gas 
fueled vehicles which has no total hydrocarbon standard.
    (ii) Non-methane hydrocarbons: 0.46 grams per mile.
    (iii) Carbon monoxide: 6.4 grams per mile.
    (iv) Oxides of nitrogen: 0.98 grams per mile.
    (v) Particulate matter: 0.10 grams per mile.
    (b) [Reserved]
    (c) Cold temperature emission standards. Exhaust emissions from 
gasoline-fueled light-duty truck 3's shall not exceed the cold 
temperature CO standard of 12.5 grams per mile for an intermediate 
useful life of 50,000 miles.
    (d) Evaporative emissions. Evaporative emissions from gasoline-
fueled, natural gas-fueled, liquefied petroleum gas-fueled, and 
methanol-fueled light-duty truck 3's 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.
    (1) Hydrocarbons for gasoline and methanol light-duty trucks with a 
nominal fuel tank capacity of 30 gallons or more shall not exceed the 
following standards:
    (i) For the full three-diurnal test sequence, diurnal plus hot soak 
measurements: 2.5 grams per test.
    (ii) Gasoline and methanol fuel only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 3.0 grams per 
test.
    (iii) Gasoline and methanol fuel only. Running loss test: 0.05 grams 
per mile.
    (iv) Gasoline and methanol fuel only. Fuel dispensing spitback test: 
1.0 grams per test.
    (2) Hydrocarbons for gasoline and methanol light-duty trucks with a 
nominal fuel tank capacity of less than 30 gallons shall not exceed the 
following standards:
    (i) For the full three-diurnal test sequence, diurnal plus hot soak 
measurements: 2.0 grams per test.
    (ii) Gasoline and methanol fuel only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 2.5 grams per 
test.
    (iii) Gasoline and methanol fuel only. Running loss test: 0.05 grams 
per mile.
    (iv) Gasoline and methanol fuel only. Fuel dispensing spitback test: 
1.0 grams per test.
    (e) [Reserved]
    (f) Certification short test. Certification short test emissions 
from gasoline-fueled Otto-cycle light-duty vehicles and light-duty 
trucks shall not exceed the following standards:
    (1) Hydrocarbons: 100 ppm as hexane.
    (2) Carbon monoxide: 0.5%.
    (g) Idle exhaust emission standards. Exhaust emissions of carbon 
monoxide from 2001 and later model year gasoline, methanol, natural gas-
and liquefied petroleum gas-fueled light-duty trucks shall not exceed 
0.50 percent of exhaust gas flow at curb idle for a useful life of 11 
years or 120,000 miles, whichever first occurs.
    (h) Manufacturers may request to group light-duty truck 3's into the 
same test group as vehicles subject to more stringent standards, so long 
as those light-duty truck 3's meet the most stringent standards 
applicable to any vehicle within that test group, as provided at Sec. 
86.1827(a)(5) and (d)(4).

[64 FR 23925, May 4, 1999, as amended at 65 FR 59970, Oct. 6, 2000]



Sec. 86.1814-02  Emission standards for light-duty trucks 3.

    This section applies to 2002 and later model year light-duty truck 
3's fueled by gasoline, diesel, methanol, natural gas and liquefied 
petroleum gas fuels except as noted. Multi-fueled vehicles shall comply 
with all requirements established for each consumed fuel. For methanol 
fueled vehicles, references in this section to total hydrocarbons shall 
mean total hydrocarbon equivalents and references to non-methane 
hydrocarbons shall mean non-methane hydrocarbon equivalents. This 
section does not apply to 2004 and later model

[[Page 428]]

year vehicles, except as specifically referenced by Sec. 86.1811-04.
    (a) Exhaust emission standards. (1) Exhaust emissions shall not 
exceed the following standards at intermediate useful life:
    (i) [Reserved]
    (ii) Non-methane hydrocarbons: 0.32 grams per mile.
    (iii) Carbon monoxide: 4.4 grams per mile.
    (iv) Oxides of nitrogen: 0.7 grams per mile except diesel-fueled 
vehicles which have no standard.
    (v) [Reserved]
    (2) Exhaust emissions from 2001 and later model year light-duty 
truck 3's shall not exceed the following standards at full useful life:
    (i) Total hydrocarbons: 0.80 grams per mile except natural gas 
fueled vehicles which have no total hydrocarbon standard.
    (ii) Non-methane hydrocarbons: 0.46 grams per mile.
    (iii) Carbon monoxide: 6.4 grams per mile.
    (iv) Oxides of nitrogen: 0.98 grams per mile.
    (v) Particulate matter: 0.10 grams per mile.
    (b) Supplemental exhaust emissions. (1) Supplemental exhaust 
emissions for 2002 and later model year gasoline-fueled light-duty truck 
3's shall not exceed the following standards at intermediate useful 
life:
    (i) Non-methane hydrocarbon and oxides of nitrogen composite: 1.02 
grams per mile.
    (ii) Carbon monoxide. Regulated vehicles shall meet at least one of 
the following two sets of standards:
    (A) Individual US06 and SC03 Air Conditioning compliance. Comply 
with both the following standards:
    (1) 3.9 grams per mile on the A/C test, not applicable to diesel 
fueled vehicles; and
    (2) 11.6 grams per mile on the US06 test; or
    (B) Composite Carbon Monoxide Standard: 4.4 grams per mile.
    (2) Supplemental exhaust emissions from 2002 and later model year 
gasoline-fueled light-duty truck 3's shall not exceed the following 
standards at full useful life:
    (i) Non-methane hydrocarbon and oxides of nitrogen composite: 1.44 
grams per mile.
    (ii) Carbon monoxide. Regulated vehicles shall meet at least one of 
the following two sets of standards:
    (A) Individual US06 and SC03 Air Conditioning compliance. Comply 
with both the following standards:
    (1) 5.6 grams per mile on the A/C test, not applicable to diesel 
fueled vehicles; and
    (2) 16.9 grams per mile on the US06 test; or
    (B) Composite Carbon Monoxide Standard: 6.4 grams per mile.
    (c) Cold temperature emission standards. Exhaust emissions from 
gasoline-fueled light-duty truck 3's shall not exceed the cold 
temperature CO standard of 12.5 grams per mile for an intermediate 
useful life of 50,000 miles.
    (d) Evaporative emissions. Evaporative emissions from gasoline-
fueled, natural gas-fueled, liquefied petroleum gas-fueled, and 
methanol-fueled light-duty truck 3's 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.
    (1) Hydrocarbons for gasoline and methanol light-duty trucks with a 
nominal fuel tank capacity of 30 gallons or more shall not exceed the 
following standards:
    (i) For the full three-diurnal test sequence, diurnal plus hot soak 
measurements: 2.5 grams per test.
    (ii) Gasoline and methanol fuel only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 3.0 grams per 
test.
    (iii) Gasoline and methanol fuel only. Running loss test: 0.05 grams 
per mile.
    (iv) Gasoline and methanol fuel only. Fuel dispensing spitback test: 
1.0 grams per test.
    (2) Hydrocarbons for gasoline and methanol light-duty trucks with a 
nominal fuel tank capacity of less than 30 gallons shall not exceed the 
following standards:
    (i) For the full three-diurnal test sequence, diurnal plus hot soak 
measurements: 2.0 grams per test.
    (ii) Gasoline and methanol fuel only. For the supplemental two-
diurnal test

[[Page 429]]

sequence, diurnal plus hot soak measurements: 2.5 grams per test.
    (iii) Gasoline and methanol fuel only. Running loss test: 0.05 grams 
per mile.
    (iv) Gasoline and methanol fuel only. Fuel dispensing spitback test: 
1.0 grams per test.
    (e) [Reserved]
    (f) Certification short test. Certification short test emissions 
from gasoline-fueled Otto-cycle light-duty vehicles and light-duty 
trucks shall not exceed the following standards:
    (1) Hydrocarbons: 100 ppm as hexane.
    (2) Carbon monoxide: 0.5%.
    (g) Idle exhaust emission standards. Exhaust emissions of carbon 
monoxide from 2001 and later model year gasoline, methanol, natural gas- 
and liquefied petroleum gas-fueled light-duty trucks shall not exceed 
0.50 percent of exhaust gas flow at curb idle for a useful life of 11 
years or 120,000 miles, whichever first occurs.
    (h) Manufacturers may request to group light-duty truck 3's into the 
same test group as vehicles subject to more stringent standards, so long 
as those light-duty truck 3's meet the most stringent standards 
applicable to any vehicle within that test group, as provided at Sec. 
86.1827(a)(5) and (d)(4).

[64 FR 23925, May 4, 1999, as amended at 65 FR 6863, Feb. 10, 2000; 65 
FR 59970, Oct. 6, 2000]



Sec. 86.1815-01  Emission standards for light-duty trucks 4.

    This section applies to 2001 and later model year light-duty truck 
4's fueled by gasoline, diesel, methanol, natural gas and liquefied 
petroleum gas fuels except as noted. Multi-fueled vehicles shall comply 
with all requirements established for each consumed fuel. For methanol 
fueled vehicles, references in this section to total hydrocarbons shall 
mean total hydrocarbon equivalents and references to non-methane 
hydrocarbons shall mean non-methane hydrocarbon equivalents.
    (a) Exhaust emission standards. (1) Exhaust emissions from light-
duty truck 4's shall not exceed the following standards at intermediate 
useful life:
    (i) [Reserved]
    (ii) Non-methane hydrocarbons: 0.39 grams per mile.
    (iii) Carbon monoxide: 5.0 grams per mile.
    (iv) Oxides of nitrogen: 1.1 grams per mile except diesel fueled 
vehicles which have no standard.
    (v) [Reserved]
    (2) Exhaust emissions shall not exceed the following standards at 
full useful life:
    (i) Total hydrocarbons: 0.80 grams per mile except natural gas fuel 
which has no total hydrocarbon standard.
    (ii) Non-methane hydrocarbons: 0.56 grams per mile.
    (iii) Carbon monoxide: 7.3 grams per mile.
    (iv) Oxides of nitrogen: 1.53 grams per mile.
    (v) Particulate matter: 0.12 grams per mile.
    (b) [Reserved]
    (c) Cold temperature emission standards. Exhaust emissions from 
gasoline-fueled light-duty truck 4's shall not exceed the cold 
temperature CO standard of 12.5 grams per mile for an intermediate 
useful life of 50,000 miles.
    (d) Evaporative emissions. Evaporative emissions from gasoline-
fueled, natural gas-fueled, liquefied petroleum gas-fueled, and 
methanol-fueled light-duty truck 4's 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.
    (1) Hydrocarbons for gasoline and methanol light-duty trucks with a 
nominal fuel tank capacity of 30 gallons or more shall not exceed the 
following standards:
    (i) For the full three-diurnal test sequence, diurnal plus hot soak 
measurements: 2.5 grams per test.
    (ii) Gasoline and methanol fuel only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 3.0 grams per 
test.
    (iii) Gasoline and methanol fuel only. Running loss test: 0.05 grams 
per mile.
    (iv) Gasoline and methanol fuel only. Fuel dispensing spitback test: 
1.0 grams per test.
    (2) Hydrocarbons for gasoline and methanol light-duty trucks with a 
nominal fuel tank capacity of less than 30 gallons shall not exceed the 
following standards:

[[Page 430]]

    (i) For the full three-diurnal test sequence, diurnal plus hot soak 
measurements: 2.0 grams per test.
    (ii) Gasoline and methanol fuel only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 2.5 grams per 
test.
    (iii) Gasoline and methanol fuel only. Running loss test: 0.05 grams 
per mile.
    (iv) Gasoline and methanol fuel only. Fuel dispensing spitback test: 
1.0 grams per test.
    (e) [Reserved]
    (f) Certification short test. Certification short test emissions 
from gasoline-fueled Otto-cycle light-duty vehicles and light-duty 
trucks shall not exceed the following standards:
    (1) Hydrocarbons: 100 ppm as hexane.
    (2) Carbon monoxide: 0.5%.
    (g) Idle exhaust emission standards, light-duty trucks. Exhaust 
emissions of carbon monoxide from gasoline, methanol, natural gas- and 
liquefied petroleum gas-fueled light-duty trucks shall not exceed 0.50 
percent of exhaust gas flow at curb idle for a useful life of 11 years 
or 120,000 miles, whichever occurs first.
    (h) Manufacturers may request to group light-duty truck 4's into the 
same test group as vehicles subject to more stringent standards, so long 
as those light-duty truck 4's meet the most stringent standards 
applicable to any vehicle within that test group, as provided at Sec. 
86.1827(a)(5) and (d)(4).

[64 FR 23925, May 4, 1999, as amended at 65 FR 59970, Oct. 6, 2000]



Sec. 86.1815-02  Emission standards for light-duty trucks 4.

    This section applies to 2002 and later model year light-duty truck 
4's fueled by gasoline, diesel, methanol, natural gas and liquefied 
petroleum gas fuels except as noted. Multi-fueled vehicles shall comply 
with all requirements established for each consumed fuel. For methanol 
fueled vehicles, references in this section to total hydrocarbons shall 
mean total hydrocarbon equivalents and references to non-methane 
hydrocarbons shall mean non-methane hydrocarbon equivalents. This 
section does not apply to 2004 and later model year vehicles, except as 
specifically referenced by Sec. 86.1811-04.
    (a) Exhaust emission standards. (1) Exhaust emissions from light-
duty truck 4's shall not exceed the following standards at intermediate 
useful life:
    (i) [Reserved]
    (ii) Non-methane hydrocarbons: 0.39 grams per mile.
    (iii) Carbon monoxide: 5.0 grams per mile.
    (iv) Oxides of nitrogen: 1.1 grams per mile except diesel fueled 
vehicles which have no standard.
    (v) [Reserved]
    (2) Exhaust emissions shall not exceed the following standards at 
full useful life:
    (i) Total hydrocarbons: 0.80 grams per mile except natural gas fuel 
which has no total hydrocarbon standard.
    (ii) Non-methane hydrocarbons: 0.56 grams per mile.
    (iii) Carbon monoxide: 7.3 grams per mile.
    (iv) Oxides of nitrogen: 1.53 grams per mile.
    (v) Particulate matter: 0.12 grams per mile.
    (b) Supplemental exhaust emissions. (1) Supplemental exhaust 
emissions from gasoline-fueled light-duty truck 4's shall not exceed the 
following standards at intermediate useful life:
    (i) Non-methane hydrocarbon and oxides of nitrogen composite: 1.49 
grams per mile.
    (ii) Carbon monoxide. Regulated vehicles shall meet at least one of 
the following two sets of standards:
    (A) Individual US06 and SC03 Air Conditioning compliance. Comply 
with both the following standards:
    (1) 4.4 grams per mile on the A/C test, not applicable to diesel 
fueled vehicles; and
    (2) 13.2 grams per mile on the US06 test; or
    (B) Composite Carbon Monoxide Standard: 5.0 grams per mile.
    (2) Supplemental exhaust emissions from gasoline-fueled light-duty 
truck 4's shall not exceed the following standards at full useful life:
    (i) Nonmethane hydrocarbon and oxides of nitrogen composite: 2.09 
grams per mile.
    (ii) Carbon monoxide. Regulated vehicles shall meet at least one of 
the following two sets of standards:

[[Page 431]]

    (A) Individual US06 and SC03 Air Conditioning compliance. Comply 
with both the following standards:
    (1) 6.4 grams per mile on the A/C test, not applicable to diesel 
fueled vehicles; and
    (2) 19.3 grams per mile on the US06 test; or
    (B) Composite Carbon Monoxide Standard: 7.3 grams per mile.
    (c) Cold temperature emission standards. Exhaust emissions from 
gasoline-fueled light-duty truck 4's shall not exceed the cold 
temperature CO standard of 12.5 grams per mile for an intermediate 
useful life of 50,000 miles.
    (d) Evaporative emissions. Evaporative emissions from gasoline-
fueled, natural gas-fueled, liquefied petroleum gas-fueled, and 
methanol-fueled light-duty truck 4's 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.
    (1) Hydrocarbons for gasoline and methanol light-duty trucks with a 
nominal fuel tank capacity of 30 gallons or more shall not exceed the 
following standards:
    (i) For the full three-diurnal test sequence, diurnal plus hot soak 
measurements: 2.5 grams per test.
    (ii) Gasoline and methanol fuel only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 3.0 grams per 
test.
    (iii) Gasoline and methanol fuel only. Running loss test: 0.05 grams 
per mile.
    (iv) Gasoline and methanol fuel only. Fuel dispensing spitback test: 
1.0 grams per test.
    (2) Hydrocarbons for gasoline and methanol light-duty trucks with a 
nominal fuel tank capacity of less than 30 gallons shall not exceed the 
following standards:
    (i) For the full three-diurnal test sequence, diurnal plus hot soak 
measurements: 2.0 grams per test.
    (ii) Gasoline and methanol fuel only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 2.5 grams per 
test.
    (iii) Gasoline and methanol fuel only. Running loss test: 0.05 grams 
per mile.
    (iv) Gasoline and methanol fuel only. Fuel dispensing spitback test: 
1.0 grams per test.
    (e) [Reserved]
    (f) Certification short test. Certification short test emissions 
from gasoline-fueled Otto-cycle light-duty vehicles and light-duty 
trucks shall not exceed the following standards:
    (1) Hydrocarbons: 100 ppm as hexane.
    (2) Carbon monoxide: 0.5%.
    (g) Idle exhaust emission standards, light-duty trucks. Exhaust 
emissions of carbon monoxide from gasoline, methanol, natural gas- and 
liquefied petroleum gas-fueled light-duty trucks shall not exceed 0.50 
percent of exhaust gas flow at curb idle for a useful life of 11 years 
or 120,000 miles, whichever occurs first.
    (h) Manufacturers may request to group light-duty truck 4's into the 
same test group as vehicles subject to more stringent standards, so long 
as those light-duty truck 4's meet the most stringent standards 
applicable to any vehicle within that test group, as provided at Sec. 
86.1827(a)(5) and (d)(4).

[64 FR 23925, May 4, 1999, as amended at 65 FR 6863, Feb. 10, 2000; 65 
FR 59970, Oct. 6, 2000]



Sec. 86.1816-05  Emission standards for complete heavy-duty vehicles.

    This section applies to 2005 and later model year complete heavy-
duty vehicles (2003 model year for manufacturers choosing Otto-cycle HDE 
option 1 in Sec. 86.005-1(c)(1), or 2004 model year for manufacturers 
choosing Otto-cycle HDE option 2 in Sec. 86.005-1(c)(2)) fueled by 
gasoline, methanol, natural gas and liquefied petroleum gas fuels except 
as noted. This section does not apply to Medium-duty Passenger Vehicles, 
which are covered under Sec. 86.1811. This section also applies to 2000 
and later model year complete heavy duty vehicles participating in the 
early banking provisions of the averaging, trading and banking program 
as specified in Sec. 86.1817-05(n). Multi-fueled vehicles shall comply 
with all requirements established for each consumed fuel. For methanol 
fueled vehicles, references in this section to hydrocarbons or total 
hydrocarbons shall mean total hydrocarbon equivalents and references to 
non-methane hydrocarbons shall mean non-methane hydrocarbon equivalents.
    (a) Exhaust emission standards. (1) Exhaust emissions from 2005 and 
later

[[Page 432]]

model year complete heavy-duty vehicles at and above 8,500 pounds Gross 
Vehicle Weight Rating but equal to or less than 10,000 Gross Vehicle 
Weight Rating pounds shall not exceed the following standards at full 
useful life:
    (i) [Reserved]
    (ii) Non-methane organic gas. 0.280 grams per mile; this requirement 
may be satisfied by measurement of non-methane hydrocarbons or total 
hydrocarbons, at the manufacturer's option.
    (iii) Carbon monoxide. 7.3 grams per mile.
    (iv) Oxides of nitrogen. 0.9 grams per mile.
    (v) [Reserved]
    (2) Exhaust emissions from 2005 and later model year complete heavy-
duty vehicles above 10,000 pounds Gross Vehicle Weight Rating but less 
than 14,000 pounds Gross Vehicle Weight Rating shall not exceed the 
following standards at full useful life:
    (i) [Reserved]
    (ii) Non-methane organic gas. 0.330 grams per mile; this requirement 
may be satisfied by measurement of non-methane hydrocarbons or total 
hydrocarbons, at the manufacturer's option.
    (iii) Carbon monoxide. 8.1 grams per mile.
    (iv) Oxides of nitrogen. 1.0 grams per mile.
    (v) [Reserved]
    (b)-(c) [Reserved]
    (d) Evaporative emissions. Evaporative hydrocarbon emissions from 
gasoline-fueled, natural gas-fueled, liquefied petroleum gas-fueled, and 
methanol-fueled complete 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.
    (1) Gasoline, natural gas, liquefied petroleum gas, and methanol 
fuel. For the full three-diurnal test sequence, diurnal plus hot soak 
measurements: 3.0 grams per test.
    (2) Gasoline and methanol fuel only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 3.5 grams per 
test.
    (3) Gasoline and methanol fuel only. Running loss test: 0.05 grams 
per mile.
    (4) Gasoline and methanol fuel only. Fuel dispensing spitback test: 
1.0 grams per test.
    (e) Refueling emissions--(1) Standards. Refueling emissions from 
Otto-cycle complete heavy-duty vehicles equal to or less than 10,000 
pounds Gross Vehicle Weight Rating shall be phased in, in accordance 
with the schedule in Table S01-5 in Sec. 86.1810-01 not to exceed the 
following emission standards:
    (i) For gasoline-fueled and methanol-fueled vehicles: 0.20 grams 
hydrocarbon per gallon (0.053 gram per liter) of fuel dispensed.
    (ii) For liquefied petroleum gas-fueled vehicles: 0.15 grams 
hydrocarbon per gallon (0.04 gram per liter) of fuel dispensed.
    (2) Phase-in. Complete heavy-duty vehicles subject to refueling 
standards must comply with the phase-in requirements found in Table S01-
5 in Sec. 86.1810-01, and must be grouped with HLDTs and MDPVs to 
determine phase-in compliance.
    (3) Alternate timing. (i) For manufacturers choosing Otto-cycle HDE 
option 3 under Sec. 86.005-1(c)(3), the refueling emissions standards 
are optional for 2004 model year complete heavy-duty vehicles.
    (ii) For manufacturers choosing Otto-cycle HDE option 3 under Sec. 
86.005-1(c)(3), the manufacturer may exempt 2005 model year HDE test 
groups whose model year begins before July 31, 2004. Only 2005 model 
year HDE test groups whose model year begins on or after July 31, 2004 
shall be considered (together with all 2005 model year HLDTs and MDPVs) 
for purposes of calculating the sales percentage for phase-in as 
outlined in Sec. 86.1810-01(k).
    (iii) For complete heavy-duty vehicles which have total fuel tank 
capacity of greater than 35 gallons, or which do not share a common fuel 
system with a light-duty truck or medium-duty passenger vehicle 
configuration, the refueling emissions standards are optional for the 
2004 and 2005 model years.
    (4) Exceptions. The provisions of this Sec. 86.1816-05(e) do not 
apply to incomplete heavy-duty vehicles optionally certified to complete 
heavy duty vehicle standards under the provisions of Sec. 86.1801-
01(c)(2).

[[Page 433]]

    (f) [Reserved]
    (g) Idle exhaust emission standards, complete heavy-duty vehicles. 
Exhaust emissions of carbon monoxide from 2005 and later model year 
gasoline, methanol, natural gas-and liquefied petroleum gas-fueled 
complete heavy-duty vehicles shall not exceed 0.50 percent of exhaust 
gas flow at curb idle for a useful life of 11 years or 120,000 miles, 
whichever occurs first. This does not apply for vehicles certified to 
the requirements of Sec. 86.1806-05
    (h) Alternate test groups. Manufacturers may request to group 
complete heavy-duty vehicles into the same test group as vehicles 
subject to more stringent standards, so long as those complete heavy-
duty vehicles meet the most stringent standards applicable to any 
vehicle within that test group, as provided at Sec. 86.1827- (a)(5) and 
(d)(4).

[65 FR 59970, Oct. 6, 2000, as amended at 66 FR 5190, Jan. 18, 2001]



Sec. 86.1816-08  Emission standards for complete heavy-duty vehicles.

    Section 86.1816-08 includes text that specifies requirements that 
differ from those specified in Sec. 86.1816-05. Where a paragraph in 
Sec. 86.1816-05 is identical and applicable to Sec. 86.1816-08, this 
may be indicated by specifying the corresponding paragraph and the 
statement ``[Reserved]. For guidance see Sec. 86.1816-05.''. This 
section applies to 2008 and later model year complete heavy-duty 
vehicles (excluding MDPVs) fueled by gasoline, methanol, natural gas and 
liquefied petroleum gas fuels except as noted. Multi-fueled vehicles 
shall comply with all requirements established for each consumed fuel. 
For methanol fueled vehicles, references in this section to hydrocarbons 
or total hydrocarbons shall mean total hydrocarbon equivalents and 
references to non-methane hydrocarbons shall mean non-methane 
hydrocarbon equivalents.
    (a) Exhaust emission standards. (1) Exhaust emissions from 2008 and 
later model year complete heavy-duty vehicles at and above 8,500 pounds 
Gross Vehicle Weight Rating but equal to or less than 10,000 Gross 
Vehicle Weight Rating pounds shall not exceed the following standards at 
full useful life:
    (i) [Reserved]
    (ii) Non-methane hydrocarbons. (A) 0.195 grams per mile; this 
requirement may be satisfied by measurement of non-methane organic gas 
or total hydrocarbons, at the manufacturer's option. For alcohol-fueled 
vehicles, this standard is 0.195 grams per mile NMHCE.
    (B) A manufacturer may elect to include any or all of its test 
groups in the NMHC emissions ABT programs for heavy-duty vehicles, 
within the restrictions described in Sec. 86.1817-05. or Sec. 86.1817-
08. If the manufacturer elects to include test groups in any of these 
programs, the NMHC FEL may not exceed 0.28 grams per mile. This ceiling 
value applies whether credits for the family are derived from averaging, 
banking, or trading.
    (iii) Carbon monoxide. 7.3 grams per mile.
    (iv) Oxides of nitrogen. (A)0.2 grams per mile.
    (B) A manufacturer may elect to include any or all of its test 
groups in the NOX emissions ABT programs for heavy-duty 
vehicles, within the restrictions described in Sec. 86.1817-05 or Sec. 
86.1817-08. If the manufacturer elects to include test groups in any of 
these programs, the NOX FEL may not exceed 0.9 grams per 
mile. This ceiling value applies whether credits for the family are 
derived from averaging, banking, or trading.
    (v) Particulate. 0.02 grams per mile.
    (vi) Formaldehyde. 0.032 grams per mile.
    (2) Exhaust emissions from 2008 and later model year complete heavy-
duty vehicles above 10,000 pounds Gross Vehicle Weight Rating but less 
than 14,000 pounds Gross Vehicle Weight Rating shall not exceed the 
following standards at full useful life:
    (i) [Reserved]
    (ii) Non-methane hydrocarbons. (A) 0.230 grams per mile; this 
requirement may be satisfied by measurement of non-methane organic gas 
or total hydrocarbons, at the manufacturer's option. For alcohol-fueled 
vehicles, this standard is 0.230 grams per mile NMHCE.
    (B) A manufacturer may elect to include any or all of its test 
groups in the NMHC emissions ABT programs for

[[Page 434]]

heavy-duty vehicles, within the restrictions described in Sec. 86.1817-
05. or Sec. 86.1817-08. If the manufacturer elects to include test 
groups in any of these programs, the NMHC FEL may not exceed 0.33 grams 
per mile. This ceiling value applies whether credits for the family are 
derived from averaging, banking, or trading.
    (iii) Carbon monoxide. 8.1 grams per mile.
    (iv) Oxides of nitrogen. (A)0.4 grams per mile.
    (B) A manufacturer may elect to include any or all of its test 
groups in the NOX emissions ABT programs for heavy-duty 
vehicles, within the restrictions described in Sec. 86.1817-05. or 
Sec. 86.1817-08. If the manufacturer elects to include test groups in 
any of these programs, the NOX FEL may not exceed 1.0 grams 
per mile. This ceiling value applies whether credits for the family are 
derived from averaging, banking, or trading.
    (v) Particulate. 0.02 grams per mile.
    (vi) Formaldehyde. 0.040 grams per mile.
    (b)-(c) [Reserved]
    (d) Evaporative emissions. Evaporative hydrocarbon emissions from 
gasoline-fueled, natural gas-fueled, liquefied petroleum gas-fueled, and 
methanol-fueled complete 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.
    (1) For the full three-diurnal test sequence, diurnal plus hot soak 
measurements: 1.4 grams per test.
    (2) Gasoline and methanol fuel only. For the supplemental two-
diurnal test sequence, diurnal plus hot soak measurements: 1.75 grams 
per test.
    (3) Gasoline and methanol fuel only. Running loss test: 0.05 grams 
per mile.
    (4) Gasoline and methanol fuel only. Fuel dispensing spitback test: 
1.0 grams per test.
    (e) through (h) [Reserved]. For guidance see Sec. 86.1816-05.
    (i) Phase-in options. (1)(i) For model year 2008, manufacturers may 
certify some of their test groups to the standards applicable to model 
year 2008 vehicles under Sec. 86.1816-05, in lieu of the exhaust 
standards specified in this section. These vehicles must comply with all 
other requirements applicable to model year 2007 vehicles. The combined 
number of vehicles in the test groups certified to the 2008 standards 
may not exceed 50 percent of the manufacturer's U.S. heavy-duty vehicle 
sales of complete heavy-duty Otto-cycle motor vehicles for model year 
2008, except as explicitly allowed by paragraph (i)(2) of this section.
    (ii) For model year 2008, manufacturers may certify some of their 
test groups to the evaporative standards applicable to model year 2007 
engines under Sec. 86.1816-05, in lieu of the evaporative standards 
specified in this section. These vehicles must comply with all other 
requirements applicable to model year 2008 vehicles, except as allowed 
by paragraph (i)(1)(i) of this section. The combined number of vehicles 
in the test groups certified to the 2007 standards may not exceed 50 
percent of the manufacturer's U.S. heavy-duty vehicle sales of complete 
heavy-duty Otto-cycle motor vehicles for model year 2008.
    (2)(i) Manufacturers certifying vehicles to all of the applicable 
standards listed in paragraph (a) of this section prior to model year 
2008 (without using credits) may reduce the number of vehicles that are 
required to meet the 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 (i)(1) of this section. For every vehicle that is 
certified early, the manufacturer may reduce the number of vehicles that 
are required by paragraph (i)(1) of this section to meet the standards 
listed in paragraph (a) of this section by one vehicle. For example, if 
a manufacturer produces 100 heavy-duty Otto-cycle vehicles in 2007 that 
meet all of the applicable the standards listed in paragraph (a) of this 
section, and it produced 10,000 heavy-duty Otto-cycle vehicles in 2009, 
then only 9,900 of the vehicles would need to comply with the standards 
listed in paragraph (a) of this section.
    (ii) Manufacturers certifying vehicles to all of the applicable 
evaporative standards listed in paragraph (d) of this section prior to 
model year 2008 may reduce the number of vehicles that are

[[Page 435]]

required to meet the standards listed in paragraph (d) of this section 
in model year 2008 and/or 2009, taking into account the phase-in option 
provided in paragraph (i)(1) of this section. For every vehicle that is 
certified early, the manufacturer may reduce the number of vehicles that 
are required by paragraph (i)(1) of this section to meet the evaporative 
standards listed in paragraph (d) of this section by one vehicle.
    (3) Manufacturers certifying vehicles to all of the applicable 
standards listed in paragraph (i)(3)(i) or (ii) of this section (without 
using credits) and the evaporative standards listed in paragraph (d) of 
this section prior to model year 2008 may reduce the number of vehicles 
that are required to meet the 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 (i)(1)(i) of this section. For every such 
vehicle that is certified early with sufficiently low emissions, the 
manufacturer may reduce the number of vehicles that are required by 
paragraph (i)(1)(i) of this section to meet the standards listed in 
paragraph (a) of this section by two vehicles. The applicable standards 
are:
    (i) For complete heavy-duty vehicles at and above 8,500 pounds Gross 
Vehicle Weight Rating but equal to or less than 10,000 Gross Vehicle 
Weight Rating: 0.100 g/mile NMHC, 0.10 g/mile NOX, 3.2 g/mile 
CO, 0.008 g/mile formaldehyde, and 0.02 g/mile PM.
    (ii) For complete heavy-duty vehicles at or above 10,000 pounds 
Gross Vehicle Weight Rating but equal to or less than 14,000 Gross 
Vehicle Weight Rating: 0.117 g/mile NMHC, 0.20 g/mile NOX, 
3.7 g/mile CO, 0.010 g/mile formaldehyde, and 0.02 g/mile PM.
    (j) (1) For model years prior to 2012, for purposes of determining 
compliance after title or custody has transferred to the ultimate 
purchaser, for vehicles meeting the applicable emission standards of 
this section, the applicable compliance limits shall be determined by 
adding the applicable adjustment from paragraph (j)(2) of this section 
to the otherwise applicable standard or FEL.
    (2) The in-use adjustments are:
    (i) 0.1 g/mi for NOX.
    (ii) 0.100 g/mi NMHC.
    (iii) 0.01 g/mi for PM.

[66 FR 5190, Jan. 18, 2001, as amended at 70 FR 40443, July 13, 2005]



Sec. 86.1817-05  Complete heavy-duty vehicle averaging, trading, and banking 

program.

    (a) General. (1) Complete heavy-duty vehicles eligible for the 
NOX averaging, trading and banking program are described in 
the applicable emission standards section of this subpart. All heavy-
duty vehicles which include an engine labeled for use in clean-fuel 
vehicles as specified in 40 CFR part 88 are not eligible for this 
program. Participation in this averaging, trading, and banking program 
is voluntary.
    (2)(i) Test groups with a family emission limit (FEL) as defined in 
Sec. 86.1803-01 exceeding the applicable standard shall obtain emission 
credits as defined in Sec. 86.1803-01 in a mass amount sufficient to 
address the shortfall. Credits may be obtained from averaging, trading, 
or banking, as defined in Sec. 86.1803-01 within the averaging set 
restrictions described in paragraph (d) of this section.
    (ii) Test groups with an FEL 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 vehicles for the test group in question if the 
manufacturer elects to recertify to a higher FEL.
    (b) Participation. Participation in the NOX averaging, 
trading, and banking program shall be done as follows:
    (1) During certification, the manufacturer shall:
    (i) Declare its intent to include specific test groups in the 
averaging, trading and banking program.
    (ii) Declare an FEL for each test group participating in the 
program.
    (A) The FEL must be to the same level of significant digits as the 
emission standard (one-hundredth of a gram per mile for NOX 
emissions).

[[Page 436]]

    (B) In no case may the FEL exceed the upper limit prescribed in the 
section concerning the applicable complete heavy-duty vehicle chassis-
based NOX emission standard.
    (iii) Calculate the projected NOX emission credits 
(positive or negative) as defined in Sec. 86.1803-01 based on quarterly 
production projections for each participating test group, using the 
applicable equation in paragraph (c) of this section and the applicable 
factors for the specific test group.
    (iv)(A) Determine and state the source of the needed credits 
according to quarterly projected production for test groups requiring 
credits for certification.
    (B) State where the quarterly projected credits will be applied for 
test groups generating credits.
    (C) Emission credits as defined in Sec. 86.1803-01 may be obtained 
from or applied to only test groups within the same averaging set as 
defined in Sec. 86.1803-01. Emission credits available for averaging, 
trading, or banking, may be applied exclusively to a given test group, 
or designated as reserved credits as defined in Sec. 86.1803-01.
    (2) Based on this information, each manufacturer's certification 
application must demonstrate:
    (i) That at the end of model year production, each test group 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 test group involved must state 
specifically the source (manufacturer/test group) of the credits being 
used. In cases where credits are being generated/supplied, each test 
group involved must state specifically the designated use (manufacturer/
test group 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-year reports required under paragraph (i) of 
this section.
    (iii) For manufacturers participating in emission credit trading, 
maintain the quarterly records required under paragraph (l) of this 
section.
    (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. Test groups without an adequate 
amount of NOX emission credits will violate the conditions of 
the certificate of conformity. The certificates of conformity may be 
voided ab initio for test groups 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 test group 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 test group in question to zero, EPA may 
void the certificate for that test group 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

[[Page 437]]

will be restored for use by the manufacturer.
    (c) Calculations. For each participating test group, NOX 
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.
    (1) For determining credit need for all test groups and credit 
availability for test groups generating credits for averaging only:

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

    (2) For determining credit availability for test groups generating 
credits for trading or banking:

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

    (3) For purposes of the equations in paragraphs (c)(1) and (c)(2) of 
this section:

Std = the current and applicable complete heavy-duty vehicle 
NOX emission standard in grams per mile or grams per 
kilometer.
Std = 0.9 grams per mile for heavy-duty vehicles at and above 8,500 
pounds Gross Vehicle Weight Rating but equal to or less than 10,000 
Gross Vehicle Weight Rating pounds and 1.0 grams per mile for heavy-duty 
vehicles above 10,000 pounds Gross Vehicle Weight Rating but less than 
14,000 pounds Gross Vehicle Weight Rating for cases where certification 
to chassis-based standards is optional for purposes of early credit 
banking.
FEL = the NOX family emission limit for the test group in 
grams per mile or grams per kilometer.
UL = the useful life, or alternative life as described in paragraph (c) 
of Sec. 86.1805-01, for the given test group in miles or kilometers.
Production = the number of vehicles produced for U.S. sales within the 
given test group 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 
paragraph (m) 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.

    (d) Averaging sets. The averaging and trading of NOX 
emission credits will be allowed between all test groups of heavy-duty 
vehicles subject to chassis-based standards excluding those vehicles 
produced for sale in California. Averaging, banking, and trading are not 
applicable to vehicles sold in California.
    (e) Banking of NOX emission credits--(1) Credit deposits. 
(i) NOX emission credits may be banked from test groups 
produced in 2000 and later model years. Early banking is described in 
paragraph (n) of this section.
    (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 credits do not expire, 
except as provided in paragraph (o)(2) of this section.
    (ii) Manufacturers withdrawing banked emission credits shall 
indicate so during certification and in their credit reports, as 
described in paragraph (i) of this section.
    (3) Use of banked emission credits. The use of banked credits shall 
be within the averaging set and geographic restrictions described in 
paragraph (d) 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 
cannot be proven, they will be revoked and unavailable for use.
    (ii) Banked credits may not be used for 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

[[Page 438]]

of the test group if the manufacturer elects to recertify to a higher 
FEL.
    (f) Negative credit balance. In the event of a negative credit 
balance in a trading situation, both the buyer and the seller would be 
liable.
    (g) Fuel. Certification fuel used for credit generation must be of a 
type that is both available in use and expected to be used by the 
vehicle purchaser. Therefore, upon request by the Administrator, the 
vehicle manufacturer must provide information acceptable to the 
Administrator that the designated fuel is readily available commercially 
and would be used in customer service.
    (h) Credit apportionment. At the manufacturers option, credits 
generated from complete heavy-duty vehicles 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 test 
group 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 
test group is required to certify under Sec. 86.1816-04. For each test 
group, the manufacturer may report vehicle sales in two categories, 
``ABT-only credits'' and ``nonmanufacturer-owned credits''.
    (i) For vehicle sales reported as ``ABT-only credits'', the credits 
generated must be used solely in the averaging, trading and banking 
program described in this section.
    (ii) The vehicle manufacturer may declare a portion of vehicle 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 the vehicle purchaser. 
The manufacturer may not generate any credits for the vehicle sales 
reported as ``nonmanufacturer-owned credits'' for this averaging, 
trading and banking program. Vehicles reported as ``nonmanufacturer-
owned credits'' shall comply with the FEL and the requirements of this 
averaging, trading and banking 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 this 
averaging, trading and banking program may not be provided to a vehicle 
purchaser for use in another program.
    (4) Manufacturers shall determine and state the number of vehicles 
sold as ``ABT-only credits'' and ``nonmanufacturer-owned credits'' in 
the end-of-model year reports required under paragraph (i) of this 
section.
    (i) Application for certification and end-of-year reports. 
Manufacturers participating in the emissions averaging, trading and 
banking program, shall submit for each participating test group the 
items listed in paragraphs (i)(1) through (3) of this section.
    (1) Application for certification. (i) The application for 
certification will include a statement that the vehicles for which 
certification is requested will not, to the best of the manufacturer's 
belief, when included in the averaging, trading and banking program, 
cause the applicable NOX emissions standard to be exceeded.
    (ii) The application for certification will also include 
identification of the section of this subpart under which the test group 
is participating in the averaging, trading and banking program (e.g., 
Sec. 86.1817-05), the type (NOX), and the projected number 
of credits generated/needed for this test group, the applicable 
averaging set, the projected U.S. production volumes (excluding vehicles 
produced for sale in California), by quarter, and the values required to 
calculate credits as given in the applicable averaging, trading and 
banking 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 averaging, 
trading and banking section. The application must project that each test 
group will be in compliance with the applicable emission standards based 
on the vehicle mass emissions and credits from averaging, trading and 
banking.
    (2) [Reserved]

[[Page 439]]

    (3) End-of-year report. The manufacturer shall submit end-of-year 
reports for each test group participating in the averaging, trading and 
banking program, as described in paragraphs (i)(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, Certification and Compliance Division, U.S. 
Environmental Protection Agency, Mail Code 6405J, 1200 Pennsylvania 
Ave., NW., 20460.
    (ii) These reports shall indicate the test group, the averaging set, 
the actual U.S. production volume (excluding vehicles produced for sale 
in California), the values required to calculate credits as given in the 
applicable averaging, trading and banking section, and the resulting 
type and number of credits generated/required. 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 
averaging, trading and banking 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.
    (j) Failure to submit quarterly or end-of-year reports. Failure by a 
manufacturer participating in the averaging, trading and banking program 
to submit any quarterly or end-of-year report (as applicable) in the 
specified time for all vehicles 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 such vehicles.
    (k) Failure to submit end-of-year reports for banked credits. 
Failure by a manufacturer generating credits for deposit only in the 
complete heavy-duty vehicle banking program 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.
    (l) Quarterly records. Any manufacturer producing a test group 
participating in trading using reserved credits, shall maintain the 
following records on a quarterly basis for each test group in the 
trading subclass:
    (1) The test group;
    (2) The averaging set;
    (3) The actual quarterly and cumulative U.S. production volumes 
excluding vehicles produced for sale in California;
    (4) The values required to calculate credits as given in paragraph 
(c) of this section;
    (5) The resulting type and number of credits generated/required;
    (6) How and where credit surpluses are dispersed; and
    (7) How and through what means credit deficits are met.
    (m) Additional flexibility for complete heavy-duty vehicles. If a 
complete heavy-duty vehicle has a NOX FEL of 0.6 grams per 
mile or lower, a discount of 1.0 may be used in the trading and banking 
credits calculation for NOX described in paragraph (c)(2) of 
this section.
    (n) Early banking for complete heavy-duty vehicles. Provisions set 
forth in paragraphs (a) through (m) of this section apply except as 
specifically stated otherwise in this paragraph (n).
    (1) Early banking eligibility. To be eligible for the early banking 
program described in this paragraph, the following must apply:
    (i) Credits are generated from complete heavy-duty vehicles.

[[Page 440]]

    (ii) During certification, the manufacturer shall declare its intent 
to include specific test groups in the early banking program described 
in this paragraph (n).
    (2) Credit generation and use. (i) Early credits may be generated by 
test groups starting in model year 2000.
    (ii) Credits may only be used for complete heavy-duty vehicles 
subject to chassis-based standards, except as provided by paragraph (o) 
in this section, and all credits shall be subject to discounting and all 
other provisions contained in paragraphs (a) through (m) of this 
section.
    (o) Credit transfers. A manufacturer that elects to comply with 
Option 1 or 2 contained in Sec. 86.005-10(f) may transfer credits 
between its complete vehicle averaging set and its heavy-duty Otto-cycle 
engine averaging set as follows:
    (1) Credits earned in model years 2004 (2003 for Option 1) through 
2007 are eligible to be transferred.
    (2) Transferred credits may not be banked for use in model years 
2008 and later. Credits that are transferred but not used prior to model 
year 2008 must be forfeited.
    (3) Prior to transferring credits, a manufacturer must develop a 
methodology to transfer the credits including a conversion factor that 
may be used to convert between chassis-based credits (derived on a grams 
per mile basis) and equivalent engine-based credits (derived on a grams 
per brake horsepower-hour basis). The methodology must be approved by 
EPA prior to the start of the model year in which the credits are to be 
transferred. The conversion factor must provide reasonable certainty 
that the credits are equivalent for the specific vehicle test group(s) 
and engine family(s) involved in the generation and use of the credits.

[65 FR 59971, Oct. 6, 2000, as amended at 71 FR 2830, Jan. 17, 2006]



Sec. 86.1817-08  Complete heavy-duty vehicle averaging, trading, and banking 

program.

    Section 86.1817-08 includes text that specifies requirements that 
differ from Sec. 86.1817-05. Where a paragraph in Sec. 86.1817-05 is 
identical and applicable to Sec. 86.1817-08, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.1817-05.''
    (a) through (o) [Reserved]. For guidance see Sec. 86.1817-05.
    (p) The following provisions apply for model year 2008 and later 
engines. These provisions apply instead of the provisions of paragraphs 
Sec. 86.1817-05 (a) through (o) to the extent that they are in 
conflict.
    (1) Manufacturers of Otto-cycle vehicles may participate in an NMHC 
averaging, banking and trading program to show compliance with the 
standards specified in Sec. 86.1806-08. The generation and use of NMHC 
credits are subject to the same provisions in paragraphs Sec. 86.1817-
05 (a) through (o) that apply for NOX credits, except as 
otherwise specified in this section.
    (2) NOX or NMHC (or NOX plus NMHC) credits may 
be exchanged between heavy-duty Otto-cycle test groups certified to the 
engine standards of subpart A of this part and heavy-duty Otto-cycle 
test groups certified to the chassis standards of this subpart, subject 
to an 0.8 discount factor (e.g., 100 grams of NOX credits 
generated from vehicles would be equivalent to 80 grams of 
NOX credits if they are used in the engine program of subpart 
A of this part, and vice versa). Credits that were previously discounted 
when they were banked according to Sec. 86.1817-05(c), are subject to 
an additional discount factor of 0.888 instead of the 0.8 discount 
factor otherwise required by this paragraph (p)(2). This results in a 
total discount of 0.8 (0.9 x 0.888 = 0.8).
    (3) Credits are to be rounded to the nearest one-hundredth of a 
Megagram.
    (4) To calculate credits relative to the NOX standards 
listed in Sec. 86.1816-08 (a)(1)(iv)(A) or (a)(2)(iv)(A) (0.2 or 0.4 
grams per mile, respectively) express the standard and FEL to the 
nearest one-hundredth of a gram per mile prior to calculating the 
credits. Thus, either 0.20 or 0.40 should be used as the value for 
``Std''.
    (5) Credits generated for 2008 and later model year test groups are 
not discounted (except as specified in Sec. 86.1817-05(c) and paragraph 
(p)(2) of this section), and do not expire.

[[Page 441]]

    (6) For the purpose of using or generating credits during a phase-in 
of new standards, a manufacturer may elect to split a test group into 
two subgroups: one which uses credits and one which generates credits. 
The manufacturer must indicate in the application for certification that 
the test group is to be split, and may assign the numbers and 
configurations of vehicles within the respective subfamilies at any time 
prior to the submission of the end-of-year report described in Sec. 
86.1817-05 (i)(3). Manufacturers certifying a split test group may label 
all of the vehicles within that test group with the same FELs: either 
with a NOX FEL and an NMHC FEL, or with a single 
NOX+NMHC FEL. The FEL(s) on the label will apply for all SEA 
or other compliance testing.
    (7) Vehicles meeting all of the applicable standards of Sec. 
86.1816-08 prior to model year 2008 may generate NMHC credits for use by 
2008 or later test groups. Credits are calculated according to Sec. 
86.1817-05(c), except that the applicable FEL cap listed in Sec. 
86.1816-08(a)(1)(ii)(B) or (2)(ii)(B) applies instead of ``Std'' (the 
applicable standard).

[66 FR 5192, Jan. 18, 2001]



Sec. Sec. 86.1818-86.1819  [Reserved]



Sec. 86.1820-01  Durability group determination.

    This section applies to the grouping of vehicles into durability 
groups. Manufacturers shall divide their product line into durability 
groups based on the following criteria:
    (a) The vehicles covered by a certification application shall be 
divided into groups of vehicles which are expected to have similar 
emission deterioration and emission component durability characteristics 
throughout their useful life. Manufacturers shall use good engineering 
judgment in dividing their vehicles into durability groups. Such groups 
of vehicles are defined as durability groups.
    (b) To be included in the same durability group, vehicles must be 
identical in all the respects listed in paragraphs (b) (1) through (7) 
of this section:
    (1) Combustion cycle (e.g., two stroke, four stroke, Otto cycle, 
diesel cycle).
    (2) Engine type (e.g., piston, rotary, turbine, air cooled versus 
water cooled).
    (3) Fuel used (e.g., gasoline, diesel, methanol, ethanol, CNG, LPG, 
flexible fuels).
    (4) Basic fuel metering system (e.g., throttle body injection, port 
injection (including central port injection), carburetor, CNG mixer 
unit).
    (5) Catalyst construction (for example, beads or monolith).
    (6) Precious metal composition of the catalyst by the type of 
principal active material(s) used (e.g., platinum based oxidation 
catalyst, palladium based oxidation catalyst, platinum and rhodium 
three-way catalyst, palladium and rhodium three way catalyst, platinum 
and palladium and rhodium three way catalyst).
    (7) The manufacturer must choose one of the following two criteria:
    (i) Grouping statistic:
    (A) Vehicles are grouped based upon the value of the grouping 
statistic determined using the following equation:

GS = [(Cat Vol)/(Disp)] x Loading Rate

Where:

GS = Grouping Statistic used to evaluate the range of precious metal 
loading rates and relative sizing of the catalysts compared to the 
engine displacement that are allowable within a durability group. The 
grouping statistic shall be rounded to a tenth of a gram/liter, in 
accordance with the Rounding-Off Method specified in ASTM E29-93a, 
Standard Practice for Using Significant Digits in Test Data to Determine 
Conformance with Specifications (incorporated by reference, see Sec. 
86.1).
Cat Vol = Total volume of the catalyst(s) in liters.
Disp = Displacement of the engine in liters.
Loading rate = The mass of total precious metal(s) in the catalyst (or 
the total mass of all precious metal(s) of all the catalysts if the 
vehicle is equipped with multiple catalysts) in grams divided by the 
total volume of the catalyst(s) in liters.

    (B) Engine-emission control system combinations which have a 
grouping statistic which is either less than 25 percent of the largest 
grouping statistic value, or less than 0.2 g/liter (whichever allows the 
greater coverage of the durability group) shall be

[[Page 442]]

grouped into the same durability group.
    (ii) The manufacturer may elect to use another procedure which 
results in at least as many durability groups as required using criteria 
in paragraph (b)(7)(i) of this section providing that only vehicles with 
similar emission deterioration or durability are combined into a single 
durability group.
    (c) Where vehicles are of a type which cannot be divided into 
durability groups based on the criteria listed above (such as non-
catalyst control system approaches), the Administrator will establish 
durability groups for those vehicles based upon the features most 
related to their exhaust emission deterioration characteristics.
    (d) Manufacturers may further divide groups determined under 
paragraph (b) of this section provided the Administrator is notified of 
any such changes prior to or concurrently with the submission of the 
application for certification (preferably at an annual preview meeting 
scheduled before the manufacturer begins certification activities for 
the model year).
    (e) Manufacturers may request the Administrator's approval to 
combine vehicles into a single durability group which would normally not 
be eligible to be in a single durability group. The petition should 
provide:
    (1) Substantial evidence that all the vehicles in the larger 
grouping will have the same degree of emission deterioration;
    (2) Evidence of equivalent component durability over the vehicle's 
useful life; and
    (3) Evidence that the groups will result in sufficient In-Use 
Verification Program data, appropriate tracking in use, and clear 
liability for the Agency's recall program.



Sec. 86.1821-01  Evaporative/refueling family determination.

    (a) The gasoline-, methanol-, liquefied petroleum gas-, and natural 
gas-fueled light-duty vehicles and light-duty trucks described in a 
certification application 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 
family. Manufacturers shall use good engineering judgment to determine 
evaporative/refueling families.
    (b) For gasoline-fueled or methanol-fueled light-duty vehicles and 
light-duty trucks to be classed in the same evaporative/refueling 
family, vehicles must be similar with respect to the items listed in 
paragraphs (b) (1) through (9) of this section.
    (1) Type of vapor storage device (e.g., canister, air cleaner, 
crankcase).
    (2) Basic canister design.
    (i) Working capacity--grams adsorption within a 10 g. range.
    (ii) System configuration--number of canisters and method of 
connection (i.e., series, parallel).
    (iii) Canister geometry, construction and materials.
    (3) Fuel system.
    (4) 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.
    (5) Fillpipe seal mechanism--mechanical, liquid trap, other.
    (6) Vapor control system or method of controlling vapor flow through 
the vapor line to the canister (for example, type of valve, vapor 
control strategy).
    (7) Purge control system (for example, type of valve, purge control 
strategy).
    (8) Vapor hose material.
    (9) Fuel tank material.
    (c) Where vehicles are of a type which cannot be divided into 
evaporative/refueling 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.
    (d) Manufacturers may further divide families determined under 
paragraph (b) of this section provided the Administrator is notified of 
any such changes

[[Page 443]]

prior to or concurrently with the submission of the application for 
certification (preferably at an annual preview meeting scheduled before 
the manufacturer begins certification activities for the model year).
    (e) Manufacturers may petition the Administrator to combine vehicles 
into a single evaporative/refueling family which would normally not be 
eligible to be in a single evaporative/refueling family. The petition 
should provide:
    (1) Substantial evidence that all the vehicles in the larger 
grouping will have the same degree of evaporative emission 
deterioration;
    (2) Evidence of equivalent component durability over the vehicle's 
useful life; and
    (3) Evidence that the groups will result in sufficient In-Use 
Verification Program data, appropriate tracking in use, and clear 
liability for the Agency's recall program.



Sec. 86.1822-01  Durability data vehicle selection.

    (a) Within each durability group, the vehicle configuration which is 
expected to generate the highest level of exhaust emission deterioration 
on candidate vehicles in use, considering all constituents, shall be 
selected as the durability data vehicle configuration. The manufacturer 
will use good engineering judgment in making this selection.
    (b) The manufacturer may select, using good engineering judgment, an 
equivalent or worst-case configuration in lieu of testing the vehicle 
selected in paragraph (a) of this section. Carryover data satisfying the 
provisions of Sec. 86.1839-01 may also be used in lieu of testing the 
configuration selected in paragraph (a) of this section.



Sec. 86.1823-01  Durability demonstration procedures for exhaust emissions.

    This section applies to light-duty vehicles, light-duty trucks, 
complete heavy-duty vehicles, and heavy-duty vehicles certified under 
the provisions of Sec. 86.1801-01(c). Eligible small volume 
manufacturers or small volume test groups may optionally meet the 
requirements of Sec. Sec. 86.1838-01 and 86.1826-01 in lieu of the 
requirements of this section. For model years 2001, 2002, and 2003 all 
manufacturers may elect to meet the provisions of paragraph (c)(2) of 
this section in lieu of these requirements for light-duty vehicles or 
light-duty trucks.
    (a) The manufacturer shall propose a durability program consisting 
of the elements discussed in paragraphs (a)(1) through (a)(3) of this 
section for advance approval by the Administrator. The durability 
process shall be designed to effectively predict the expected 
deterioration of candidate in-use vehicles over their full and 
intermediate useful life and shall be consistent with good engineering 
judgment. The Administrator will approve the program if he/she 
determines that it is reasonably expected to meet these design 
requirements.
    (1) Service accumulation method. (i) Each durability program shall 
include a service accumulation method designed to effectively predict 
the deterioration of emissions in actual use over the full and 
intermediate useful life of candidate in-use vehicles.
    (ii) Manufacturers may propose service accumulation methods based 
upon whole-vehicle full-mileage accumulation, whole vehicle accelerated 
mileage accumulation (e.g., where 40,000 miles on a severe mileage 
accumulation cycle is equivalent to 100,000 miles of normal in-use 
driving), bench aging of individual components or systems, or other 
approaches approved by the Administrator.
    (A) For whole vehicle mileage accumulation programs, all emission 
control components and systems (including both hardware and software) 
must be installed and operating for the entire mileage accumulation 
period.
    (B) Bench procedures shall simulate the aging of components or 
systems over the applicable useful life and shall simulate driving 
patterns and vehicle operational environments found in actual use. For 
this purpose, manufacturers may remove the emission-related components 
(and other 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.

[[Page 444]]

    (2) Vehicle/component selection method. The manufacturer shall 
propose a vehicle/component selection method for advance approval by the 
Administrator. The procedure for selecting durability data vehicles and 
components shall meet the requirements of Sec. 86.1822-01.
    (3) Use of deterioration program to determine compliance with the 
standard. The manufacturer shall propose procedures for the 
determination of compliance with the standards for advance approval by 
the Administrator. The calculation of deterioration factors and/or the 
determination of vehicle compliance shall be according to the procedures 
approved in advance by the Administrator. The Administrator will allow 
two methods for using the results of the deterioration program to 
determine compliance with the standards. Either a deterioration factor 
(DF) is calculated and applied to the emission data vehicle (EDV) 
emission results or aged components are installed on the EDV prior to 
emission testing. Other methods may be approved by the Administrator if 
they result in an effective prediction of intermediate and full useful 
life emission levels on candidate in-use vehicles.
    (i) Use of deterioration factors. (A) Deterioration factors are 
calculated using all FTP emission test data generated during the 
durability testing program except as noted:
    (1) Multiple tests at a given mileage point are averaged together 
unless the same number of tests are conducted at each mileage point.
    (2) Before and after maintenance test results are averaged together.
    (3) Zero-mile test results are excluded from the calculation.
    (4) 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.
    (5) A procedure may be employed to identify and remove from the DF 
calculation those test results determined to be statistical outliers 
providing that the outlier procedure is consistently applied to all 
vehicles and data points and is approved in advance by the 
Administrator.
    (B) The deterioration factor shall be based on a linear regression, 
or an other regression technique approved in advance by the 
Administrator. The deterioration may be a multiplicative or additive 
factor. Separate factors will be calculated for each regulated emission 
constituent and for the full and intermediate useful life periods as 
applicable. Separate DF's are calculated for each durability group 
except as provided in paragraph (c) of this section.
    (1) A multiplicative DF will be calculated by taking the ratio of 
the full or intermediate useful life mileage level, as appropriate 
(rounded to four decimal places), divided by the stabilized mileage 
(reference Sec. 86.1831-01(c), e.g., 4000-mile) level (rounded to four 
decimal places) from the regression analysis; the result shall be 
rounded to three-decimal places of accuracy. The rounding required in 
this paragraph shall be conducted in accordance with the Rounding-Off 
Method specified in ASTM E29-93a, Standard Practice for Using 
Significant Digits in Test Data to Determine Conformance with 
Specifications (incorporated by reference, see Sec. 86.1). Calculated 
DF values of less than one shall be changed to one for the purposes of 
this paragraph.
    (2) An additive DF will be calculated to be the difference between 
the full or intermediate useful life mileage level (as appropriate) 
minus the stabilized mileage (reference Sec. 86.1831-01(c), e.g. 4000-
mile) level from the regression analysis. The full useful life regressed 
emission value, the stabilized mileage regressed emission value, and the 
DF result shall be rounded to the same precision and using the same 
procedures as the raw emission results according to the provisions of 
Sec. 86.1837-01. Calculated DF values of less than zero shall be 
changed to zero for the purposes of this paragraph.
    (C) The DF calculated by these procedures will be used for 
determining compliance with FTP exhaust emission standards, SFTP exhaust 
emission standards, cold temperature NMHC emission standards, and cold 
temperature CO emission standards. At the manufacturer's option and 
using procedures approved by the Administrator, a

[[Page 445]]

separate DF may be calculated exclusively using cold temperature CO test 
data to determine compliance with cold temperature CO emission 
standards. Similarly, at the manufacturer's option and using procedures 
approved by the Administrator, a separate DF may be calculated 
exclusively using cold temperature NMHC test data to determine 
compliance with cold temperature NMHC emission standards. For 
determining compliance with full useful life cold temperature NMHC 
emission standards, the 68-86 [deg]F 120,000 mile full useful life NMOG 
DF may be used. Also at the manufacturer's option and using procedures 
approved by the Administrator, a separate DF may be calculated 
exclusively using US06 and/or air conditioning (SC03) test data to 
determine compliance with the SFTP emission standards.
    (ii) Installation of aged components on emission data vehicles. For 
full and intermediate useful life compliance determination, the 
manufacturer may elect to install aged components on an EDV rather than 
applying a deterioration factor. Different sets of components may be 
aged for full and intermediate useful life periods. The list of 
components to be installed, the techniques used to select physical parts 
to be aged, and the aging techniques employed to age the components must 
be approved in advance by the Administrator.
    (b) In addition to the provisions of paragraph (a) of this section, 
manufacturers shall submit the following information when applying for 
the Administrator's approval of a durability program:
    (1) Analysis and/or data demonstrating the adequacy of the 
manufacturer's durability processes to effectively predict emission 
compliance for candidate in-use vehicles. All regulated emission 
constituents and all test procedures shall be considered in this 
analysis. This data and discussion shall cover the breadth of the 
manufacturer's product line that will be covered by this durability 
procedure.
    (2) Discussion of the manufacturer's in-use verification procedures 
including testing performed, vehicle procurement procedures used, and 
vehicles rejection criteria used. Any questionnaires used or inspections 
performed should also be documented in the manufacturer's submission. 
The in-use verification program shall meet the requirements of 
Sec. Sec. 86.1845-01, 86.1846-01 and 86.1847-01.
    (c) Carryover and carryacross. (1) Manufacturers may carry over or 
carry across mileage accumulation data, aged hardware, or deterioration 
factors according to the provisions of Sec. 86.1839-01 using good 
engineering judgment.
    (2) For the 2001, 2002, and 2003 model years, for light-duty 
vehicles and light-duty trucks the manufacturer may carry over exhaust 
emission DF's previously generated under the Standard AMA Durability 
Program described in Sec. 86.094-13(c), the Alternate Service 
Accumulation Durability Program described in Sec. 86.094-13(e) or the 
Standard Self-Approval Durability Program for light-duty trucks 
described in Sec. 86.094-13(f) in lieu of complying with the durability 
provisions of paragraph (a)(1) of this section.
    (i) This provision is limited to the use of existing data used for a 
2000 model year or earlier certification. All new exhaust durability 
data must be generated according to the provisions of paragraph (a)(1) 
of this section.
    (ii) The manufacturer shall exercise good engineering judgment when 
determining the eligibility to use carryover exhaust emission DF's and 
the selection of the vehicle used as the source of carryover.
    (iii) Starting with the 2004 model year, manufacturers must meet the 
provisions of paragraphs (a) and (b) of this section.
    (d) Data reporting requirements. Data reporting requirements are 
contained in Sec. 86.1844-01.
    (e) Emission component durability. The manufacturer shall use good 
engineering judgment to determine that all emission-related components 
are designed to operate properly for the full useful life of the 
vehicles in actual use.
    (f) In-use verification. The durability program must meet the 
requirements of Sec. 86.1845-01.
    (g) The manufacturer shall apply the approved durability process to 
a durability group, including durability groups in future model years, 
if the durability process will effectively predict

[[Page 446]]

(or alternatively, overstate) the deterioration of emissions in actual 
use over the full and intermediate useful life of candidate in-use 
vehicles. The manufacturer shall use good engineering judgment in 
determining the applicability of the durability program to a durability 
group.
    (1) The manufacturer may make modifications to an approved 
durability process using good engineering judgment for the purpose of 
ensuring that the modified process will effectively predict, (or 
alternatively, overstate) the deterioration of emissions in actual use 
over the full and intermediate useful life of candidate in-use vehicles.
    (2) The manufacturer shall notify the Administrator of its 
determination to use an approved (or modified) durability program on 
particular test groups and durability groups prior to emission data 
vehicle testing for the affected test groups (preferably at an annual 
preview meeting scheduled before the manufacturer begins certification 
activities for the model year).
    (3) Prior to certification, the Administrator may reject the 
manufacturer's determination in paragraph (g) of this section if it is 
not made using good engineering judgment or it fails to properly 
consider data collected under the provisions of Sec. Sec. 86.1845-01, 
86.1846-01, and 86.1847-01 or other information if the Administrator 
determines that the durability process has not been shown to effectively 
predict emission levels or compliance with the standards in use on 
candidate vehicles for particular test groups which the manufacturers 
plan to cover with the durability process.
    (h) The Administrator may withdraw approval to use a durability 
process or require modifications to a durability process based on the 
data collected under Sec. Sec. 86.1845-01, 86.1846-01, and 86.1847-01 
or other information if the Administrator determines that the durability 
processes have not been shown to accurately predict emission levels or 
compliance with the standards (or FEL, as applicable) in use on 
candidate vehicles (provided the inaccuracy could result in a lack of 
compliance with the standards for a test group covered by this 
durability process). Such withdrawals shall apply to future applications 
for certification and to the portion of the manufacturer's product line 
(or the entire product line) that the Administrator determines to be 
affected. Prior to such a withdrawal the Administrator shall give the 
manufacturer a preliminary notice at least 60 days prior to the final 
decision. During this period, the manufacturer may submit technical 
discussion, statistical analyses, additional data, or other information 
which is relevant to the decision. The Administrator will consider all 
information submitted by the deadline before reaching a final decision.
    (i) Any manufacturer may request a hearing on the Administrator's 
withdrawal of approval in paragraph (h) 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 objection. If, after review of the request and 
supporting data, the Administrator finds that the request raises a 
substantial factual issue, she/he shall provide the manufacturer a 
hearing in accordance with Sec. 86.1853-01 with respect to such issue.

[64 FR 23925, May 4, 1999, as amended at 65 FR 59974, Oct. 6, 2000; 72 
FR 8566, Feb. 26, 2007]



Sec. 86.1823-08  Durability demonstration procedures for exhaust emissions.

    This section applies to all 2008 and later model year vehicles which 
meet the applicability provisions of Sec. 86.1801. Optionally, a 
manufacturer may elect to use this section for earlier model year 
vehicles which meet the applicability provisions of Sec. 86.1801. 
Eligible small volume manufacturers or small volume test groups may 
optionally meet the requirements of Sec. Sec. 86.1838-01 and 86.1826-01 
in lieu of the requirements of this section. A separate durability 
demonstration is required for each durability group.
    (a) Durability program objective. The durability program must 
predict an expected in-use emission deterioration rate and emission 
level that effectively represents a significant majority of the 
distribution of emission levels and deterioration in actual use over the 
full

[[Page 447]]

and intermediate useful life of candidate in-use vehicles of each 
vehicle design which uses the durability program.
    (b) Required durability demonstration. Manufacturers must conduct a 
durability demonstration for each durability group using a procedure 
specified in either paragraph (c), (d), or (e) of this section.
    (c) Standard whole-vehicle durability procedure. This procedure 
consists of conducting mileage accumulation and periodic testing on the 
durability data vehicle, selected under the provisions of Sec. 86.1822 
described as follows:
    (1) Mileage accumulation must be conducted using the standard road 
cycle (SRC). The SRC is described in appendix V of this part.
    (i) Mileage accumulation on the SRC may be conducted on a track or 
on a chassis mileage accumulation dynamometer. Alternatively, the entire 
engine and emission control system may be aged on an engine dynamometer 
using methods that will replicate the aging that occurs on the road for 
that vehicle following the SRC.
    (ii) The fuel used for mileage accumulation must comply with the 
mileage accumulation fuel provisions of Sec. 86.113 for the applicable 
fuel type (e.g., gasoline or diesel fuel).
    (iii) The DDV must be ballasted to a minimum of the loaded vehicle 
weight for light-duty vehicles and light light-duty trucks and a minimum 
of the ALVW for all other vehicles.
    (iv) The mileage accumulation dynamometer must be setup as follows:
    (A) The simulated test weight will be the equivalent test weight 
specified in Sec. 86.129 using a weight basis of the loaded vehicle 
weight for light-duty vehicles and ALVW for all other vehicles.
    (B) The road force simulation will be determined according to the 
provisions of Sec. 86.129.
    (C) The manufacturer will control the vehicle, engine, and/or 
dynamometer as appropriate to follow the SRC using good engineering 
judgement.
    (2) Mileage accumulation must be conducted for at least 75% of the 
applicable full useful life mileage period specified in Sec. 86.1805. 
If the mileage accumulation is less than 100% of the full useful life 
mileage, then the DF calculated according to the procedures of paragraph 
(f)(1)(ii) of this section must be based upon a line projected to the 
full-useful life mileage using the upper 80 percent statistical 
confidence limit calculated from the emission data.
    (3) If a manufacturer elects to calculate a DF pursuant to paragraph 
(f)(1) of this section, then it must conduct at least one FTP emission 
test at each of five different mileage points selected using good 
engineering judgement. Additional testing may be conducted by the 
manufacturer using good engineering judgement. The required testing must 
include testing at 5,000 miles and at the highest mileage point run 
during mileage accumulation (e.g. the full useful life mileage). 
Different testing plans may be used providing that the manufacturer 
determines, using good engineering judgement, that the alternative plan 
would result in an equivalent or superior level of confidence in the 
accuracy of the DF calculation compared to the testing plan specified in 
this paragraph.
    (d) Standard bench-aging durability procedure. This procedure is not 
applicable to diesel fueled vehicles or vehicles which do not use a 
catalyst as the principle after-treatment emission control device. This 
procedure requires installation of the catalyst-plus-oxygen-sensor 
system on a catalyst aging bench. Aging on the bench is conducted by 
following the standard bench cycle (SBC) for the period of time 
calculated from the bench aging time (BAT) equation. The BAT equation 
requires, as input, catalyst time-at-temperature data measured on the 
SRC.
    (1) Standard bench cycle (SBC). Standard catalyst bench aging is 
conducted following the SBC
    (i) The SBC must be run for the period of time calculated from the 
BAT equation.
    (ii) The SBC is described in appendix VII to part 86.
    (2) Catalyst time-at-temperature data (i) Catalyst temperature must 
be measured during at least two full cycles of the SRC.
    (ii) Catalyst temperature must be measured at the highest 
temperature location in the hottest catalyst on the DDV. Alternatively, 
the temperature may be measured at another location

[[Page 448]]

providing that it is adjusted to represent the temperature measured at 
the hottest location using good engineering judgement.
    (iii) Catalyst temperature must be measured at a minimum rate of one 
hertz (one measurement per second).
    (iv) The measured catalyst temperature results must be tabulated 
into a histogram with temperature bins of no larger than 25 [deg]C.
    (3) Bench-aging time. Bench aging time is calculated using the bench 
aging time (BAT) equation as follows:

te for a temperature bin = th 
    e((R/Tr)-(R/Tv))
Total te = Sum of te over all the temperature bins
Bench-Aging Time = A (Total te )


Where:

A = 1.1 This value adjusts the catalyst aging time to account for 
    deterioration from sources other than thermal aging of the catalyst.
R = Catalyst thermal reactivity coefficient. For the SBC, R=17500 for 
    Tier 2 vehicles and R=18500 for all other vehicles.
th = The time (in hours) measured within the prescribed 
    temperature bin of the vehicle's catalyst temperature histogram 
    adjusted to a full useful life basis e.g., if the histogram 
    represented 400 miles, and full useful life was 100,000 miles; all 
    histogram time entries would be multiplied by 250 (100000/400).
Total te = The equivalent time (in hours) to age the catalyst 
    at the temperature of Tr on the catalyst aging bench 
    using the catalyst aging cycle to produce the same amount of 
    deterioration experienced by the catalyst due to thermal 
    deactivation over the vehicle's full useful life.
te for a bin = The equivalent time (in hours) to age the 
    catalyst at the temperature of Tr on the catalyst aging 
    bench using the catalyst aging cycle to produce the same amount of 
    deterioration experienced by the catalyst due to thermal 
    deactivation at the temperature bin of Tv over the 
    vehicle's full useful life.
Tr = The effective reference temperature (in [deg]K) of the 
    catalyst on the catalyst bench run on the bench aging cycle. The 
    effective temperature is the constant temperature that would result 
    in the same amount of aging as the various temperatures experienced 
    during the bench aging cycle.
Tv = The mid-point temperature (in [deg]K) of the temperature 
    bin of the vehicle on-road catalyst temperature histogram.

    (4) Effective reference temperature on the SBC. The effective 
reference temperature of the standard bench cycle (SBC) is determined 
for the actual catalyst system design and actual aging bench which will 
be used using the following procedures:
    (i) Measure time-at-temperature data in the catalyst system on the 
catalyst aging bench following the SBC.
    (A) Catalyst temperature must be measured at the highest temperature 
location of the hottest catalyst in the system. Alternatively, the 
temperature may be measured at another location providing that it is 
adjusted to represent the temperature measured at the hottest location 
using good engineering judgement.
    (B) Catalyst temperature must be measured at a minimum rate of one 
hertz (one measurement per second) during at least 20 minutes of bench 
aging.
    (C) The measured catalyst temperature results must be tabulated into 
a histogram with temperature bins of no larger than 10 [deg]C.
    (ii) The BAT equation must be used to calculate the effective 
reference temperature by iterative changes to the reference temperature 
(Tr) until the calculated aging time equals the actual time 
represented in the catalyst temperature histogram. The resulting 
temperature is the effective reference temperature on the SBC for that 
catalyst system and aging bench.
    (5) Catalyst Aging Bench. The manufacturer must design, using good 
engineering judgement, a catalyst aging bench that follows the SBC and 
delivers the appropriate exhaust flow, exhaust constituents, and exhaust 
temperature to the face of the catalyst.
    (i) A manufacturer may use the criteria and equipment discussed in 
appendix VIII to part 86 to develop its catalyst aging bench without 
prior Agency approval. The manufacturer

[[Page 449]]

may use another design that results in equivalent or superior results 
with advance Agency approval.
    (ii) All bench aging equipment and procedures must record 
appropriate information (such as measured A/F ratios and time-at-
temperature in the catalyst) to assure that sufficient aging has 
actually occurred.
    (6) Required Testing. If a manufacturer is electing to calculate a 
DF (as discussed in paragraph (f)(1) of this section), then it must 
conduct at least two FTP emissions tests on the DDV before bench aging 
of emission control hardware and at least two FTP emission tests on the 
DDV after the bench-aged emission hardware is re-installed. Additional 
testing may be conducted by the manufacturer using good engineering 
judgement.
    (e) Additional durability procedures--(1) Whole vehicle durability 
procedures. A manufacturer may use either a customized SRC or an 
alternative road cycle for the required durability demonstration, with 
prior EPA approval.
    (i) Customized SRC. A customized SRC is the SRC run for a different 
number of miles and/or using a different mileage accumulation fuel with 
higher levels of certain compounds that may lead to catalyst poisoning, 
such as phosphorus, sulfur and lead, than specified in paragraph 
(c)(1)(ii) of this section.
    (ii) Alternative road cycle. An alternative cycle is a whole vehicle 
mileage accumulation cycle that uses a different speed-versus-time trace 
than the SRC, conducted for either the full useful life mileage or for 
less than full useful life mileage. An alternative road cycle may also 
include the use of fuel with higher levels of certain compounds that may 
lead to catalyst poisoning, such as phosphorus, sulfur and lead, than 
specified in paragraph (c)(1)(ii) of this section.
    (iii) Approval criteria. The manufacturer must obtain approval from 
EPA prior to using a customized/alternative road cycle. EPA may approve 
a customized/alternative cycle when the manufacturer demonstrates that 
the cycle is expected to achieve the durability program objective of 
paragraph (a) of this section for the breadth of vehicles using the 
customized/alternative cycle. To obtain approval the manufacturer must 
submit all the following information and perform all the following 
analyses:
    (A) The manufacturer must supply in-use FTP emission data on past 
model year vehicles which are applicable to the vehicle designs it 
intends to cover with the customized/alternative cycle.
    (1) The amount of in-use emission data required to demonstrate the 
effectiveness of a customized/alternative cycle in meeting the 
durability objective is based on whether the customized/alternative 
cycle is more or less severe than the SRC. In most cases, EPA will 
accept a minimum of 20 candidate in-use vehicles tested as-received on 
the FTP cycle. If the customized/alternative cycle is significantly more 
severe than the SRC, EPA may accept less data. Conversely, if the 
customized/alternative cycle is significantly less severe than the SRC, 
EPA may require more data, up to a maximum of 30 vehicles.
    (2) This data set must consist of randomly procured vehicles from 
actual customer use. The vehicles selected for procurement must cover 
the breadth of the vehicles that the manufacturer intends to certify 
using the customized/alternative cycle. Vehicles should be procured and 
FTP tested in as-received condition under the guidelines of the high 
mileage IUVP program (ref: 40 CFR 86.1845-04).
    (3) Manufacturers may use previously generated in-use data from the 
CAP 2000 IUVP or the RDP ``reality check'' in-use program as well as 
other sources of in-use emissions data for approval under this section.
    (4) Manufacturers must remove unrepresentative data from the data 
set using good engineering judgement. The manufacturer must provide EPA 
with the data removed from the analysis and a justification for the 
removal of that data.
    (5) Manufacturers may supply additional in-use data.
    (B) The manufacturer must submit an analysis which includes a 
comparison of the relative stringency of the customized/alternative 
cycle to the SRC and a calculated equivalency factor for the cycle.

[[Page 450]]

    (1) The equivalency factor may be determined by an evaluation of the 
SRC and the customized/alternative cycle using catalyst time-at-
temperature data from both cycles and the BAT equation to calculate the 
required bench aging time of each cycle. The equivalency factor is the 
ratio of the aging time on the SRC divided by the aging time on the 
alternative cycle.
    (2) If emissions data is available from the SRC, as well as time-at-
temperature data, then that emissions information may be included in the 
evaluation of the relative stringency of the two cycles and the 
development of the equivalency factor.
    (3) A separate equivalency factor may be determined for each test 
group, or test groups may be combined together (using good engineering 
judgement) to calculate a single equivalency factor.
    (C) The manufacturer must submit an analysis which evaluates whether 
the durability objective will be achieved for the vehicle designs which 
will be certified using the customized/alternative cycle. The analysis 
must address of the following elements:
    (1) How the durability objective has been achieved using the data 
submitted in paragraph (e)(1)(iii)(A) of this section.
    (2) How the durability objective will be achieved for the vehicle 
designs which will be covered by the customized/alternative cycle. This 
analysis should consider the emissions deterioration impact of the 
design differences between the vehicles included in the data set 
required in (e)(1)(iii)(A) of this section and the vehicle designs that 
the manufacturer intends to certify using the customized/alternative 
cycle.
    (2) Bench-aging durability procedures. A manufacturer may use a 
customized or alternative bench aging durability procedure for a 
required durability demonstration, if approved as described in 
paragraphs (e)(2)(i) through (vii) of this section. A customized/
alternative bench aging procedure must use vehicle performance data 
(such as catalyst temperature) measured on an approved road cycle as 
part of the algorithm to calculate bench aging time. The manufacturer 
must obtain approval from the Agency prior to using a customized bench 
durability procedure.
    (i) The lower control temperature on the SBC may be modified without 
prior EPA approval provided that the high control temperature is set 90 
[deg]C above the lower control temperature and an approved BAT equation 
is used to calculate bench aging time.
    (ii) The R-factor used in EPA's BAT equation may be determined 
experimentally using EPA's standard procedures (specified in appendix IX 
of this part) without prior EPA approval. Other experimental techniques 
to calculate the R-factor require advance EPA approval. To obtain 
approval, the manufacturer must demonstrate that the calculated bench 
aging time results in the same (or larger) amount of emission 
deterioration as the associated road cycle.
    (iii) The A-factor used in EPA's BAT equation may be modified, using 
good engineering judgement without prior EPA approval, to ensure that 
the modified durability process will achieve the durability objective of 
paragraph (a) of this section.
    (iv) Bench aging may be conducted using fuel with additional 
compounds that may lead to catalyst poisoning, such as phosphorus, 
sulfur or lead, without prior EPA approval. A manufacturer using fuel 
with these additional compounds may either calculate a new R-factor or 
A-factor to assure that the durability objective of paragraph (a) of 
this section is properly achieved regardless of the use of worst-case 
fuel, in which case the approval criteria for those changes would apply.
    (v) An approved customized/alternative road cycle may be used to 
develop catalyst temperature histograms for use in the BAT equation 
without additional EPA approval beyond the original approval necessary 
to use that cycle for mileage accumulation.
    (vi) A different bench cycle than the SBC may be used during bench 
aging with prior EPA approval. To obtain approval the manufacturer must 
demonstrate that bench aging for the appropriate time on the new bench 
cycle provides the same or larger amount of emission deterioration as 
the associated road cycle.

[[Page 451]]

    (vii) A different method to calculate bench aging time may be used 
with prior EPA approval. To obtain approval the manufacturer must 
demonstrate that bench aging for the time calculated by the alternative 
method results in the same or larger amount of emission deterioration as 
the associated road cycle.
    (f) Use of deterioration program to determine compliance with the 
standard. A manufacturer may select from two methods for using the 
results of the deterioration program to determine compliance with the 
applicable emission standards. Either a deterioration factor (DF) is 
calculated and applied to the emission data vehicle (EDV) emission 
results or aged components are installed on the EDV prior to emission 
testing.
    (1) Deterioration factors. (i) Deterioration factors are calculated 
using all FTP emission test data generated during the durability testing 
program except as noted:
    (A) Multiple tests at a given mileage point are averaged together 
unless the same number of tests are conducted at each mileage point.
    (B) Before and after maintenance test results are averaged together.
    (C) Zero-mile test results are excluded from the calculation.
    (D) Total hydrocarbon (THC) test points beyond the 50,000-mile 
(useful life) test point are excluded from the intermediate useful life 
deterioration factor calculation.
    (E) A procedure may be employed to identify and remove from the DF 
calculation those test results determined to be statistical outliers 
providing that the outlier procedure is consistently applied to all 
vehicles and data points and is approved in advance by the 
Administrator.
    (ii) The deterioration factor must be based on a linear regression, 
or another regression technique approved in advance by the 
Administrator. The deterioration must be a multiplicative or additive 
factor. Separate factors will be calculated for each regulated emission 
constituent and for the full and intermediate useful life periods as 
applicable. Separate DF's are calculated for each durability group 
except as provided in Sec. 86.1839.
    (A) A multiplicative DF will be calculated by taking the ratio of 
the full or intermediate useful life mileage level, as appropriate 
(rounded to four decimal places), divided by the stabilized mileage 
(reference Sec. 86.1831-01(c), e.g., 4000-mile) level (rounded to four 
decimal places) from the regression analysis. The result must be rounded 
to three-decimal places of accuracy. The rounding required in this 
paragraph must be conducted in accordance with Sec. 86.1837. Calculated 
DF values of less than one must be changed to one for the purposes of 
this paragraph.
    (B) An additive DF will be calculated to be the difference between 
the full or intermediate useful life mileage level (as appropriate) 
minus the stabilized mileage (reference Sec. 86.1831-01(c), e.g. 4000-
mile) level from the regression analysis. The full useful life regressed 
emission value, the stabilized mileage regressed emission value, and the 
DF result must be rounded to the same precision and using the same 
procedures as the raw emission results according to the provisions of 
Sec. 86.1837-01. Calculated DF values of less than zero must be changed 
to zero for the purposes of this paragraph.
    (iii) The DF calculated by these procedures will be used for 
determining full and intermediate useful life compliance with FTP 
exhaust emission standards, SFTP exhaust emission standards, and cold CO 
emission standards. At the manufacturer's option and using procedures 
approved by the Administrator, a separate DF may be calculated 
exclusively using cold CO test data to determine compliance with cold CO 
emission standards. Also at the manufacturer's option and using 
procedures approved by the Administrator, a separate DF may be 
calculated exclusively using US06 and/or air conditioning (SC03) test 
data to determine compliance with the SFTP emission standards.
    (2) Installation of aged components on emission data vehicles. For 
full and intermediate useful life compliance determination, the 
manufacturer may elect to install aged components on an EDV prior to 
emission testing rather than applying a deterioration factor. Different 
sets of components may be

[[Page 452]]

aged for full and intermediate useful life periods. Components must be 
aged using an approved durability procedure that complies with paragraph 
(b) of this section. The list of components to be aged and subsequently 
installed on the EDV must selected using good engineering judgement.
    (g) Emission component durability. [Reserved]. For guidance see 40 
CFR 86.1823-01(e).
    (h) Application of the durability procedure to future durability 
groups. The manufacturer may apply a durability procedure approved under 
paragraphs (c), (d) or (e) of this section to a durability group, 
including durability groups in future model years, if the durability 
process will achieve the objective of paragraph (a) of this section for 
that durability group. The manufacturer must use good engineering 
judgment in determining the applicability of an approved durability 
procedure to a durability group.
    (1) Modifications to a durability procedure.
    (i) Standard durability procedures. The manufacturer may modify a 
standard durability procedure (allowed in paragraphs (c) or (d) of this 
section) by increasing or decreasing the number of miles run on the SRC 
to represent full or intermediate useful life emissions deterioration or 
by changing the A-Factor in the BAT equation for a bench aging, using 
good engineering judgment, to ensure that the modified procedure will 
achieve the objective of paragraph (a) of this section for that 
durability group.
    (ii) Customized/Alternative durability procedures. The manufacturer 
may modify an alternative/customized durability procedure approved under 
the provisions of paragraph (e) of this section, using good engineering 
judgment, for the purposes of ensuring that the modified procedure will 
achieve the objective of paragraph (a) of this section for that 
durability group.
    (2) The manufacturer must notify the Administrator of its 
determination to use an approved (or modified) durability procedure on 
particular test groups and durability groups prior to, or concurrently 
with, its submission of the Application for Certification for the 
affected test groups (notification at an annual preview meeting 
scheduled before the manufacturer begins certification activities for 
the model year is preferred).
    (3) Prior to certification, the Administrator may reject the 
manufacturer's determination in paragraph (h) of this section to apply 
an approved or modified durability procedure for a durability group or 
test group if:
    (i) It is not made using good engineering judgment,
    (ii) It fails to properly consider data collected under the 
provisions of Sec. Sec. 86.1845-04, 86.1846-01, and 86.1847-01 or other 
information, or
    (iii) The Administrator determines that the durability procedure has 
not been shown to achieve the objective of paragraph (a) of this section 
for particular test groups which the manufacturer plans to cover with 
the durability procedure.
    (i) Evaluation of the certification durability procedures based on 
in-use emissions data. (1) Manufacturers must use the information 
gathered from the IUVP, as well as other sources of in-use emissions 
data, to periodically review whether the durability procedure it employs 
achieves the objective specified in paragraph (a) of this section.
    (2) Required analysis of a manufacturer's approved durability 
procedures.
    (i) In addition to any periodic reviews under paragraph (i)(1) of 
this section, a manufacturer must conduct a review of whether the 
durability procedure it employs achieves the durability objective 
specified in paragraph (a) of this section when the criteria for 
additional testing specified in Sec. 86.1846 (b) are activated.
    (ii) These criteria are evaluated independently for all applicable 
FTP emission constituents.
    (iii) This analysis must be performed for each test group certified 
by the manufacturer.
    (iv) These procedures apply to the EPA standard durability 
procedures discussed in paragraphs (c) and (d) of this section as well 
as durability procedures approved under paragraph (e) of this section, 
including modifications under paragraph (h) of this section.
    (v) The analysis must be submitted to EPA no later than 60 days 
after the

[[Page 453]]

submission of the IUVP data report specified in Sec. 86.1847(f).
    (3) EPA may require a manufacturer to perform an analysis as 
described in paragraph (i)(2) of this section if EPA is concerned that 
the manufacturer's durability procedure may not achieve the durability 
objective of paragraph (a) of this section.
    (j) If, based on the analysis required in paragraph (i) of this 
section and/or any other information, EPA determines that the durability 
procedure does not achieve the durability objective of paragraph (a) of 
this section, EPA may withdraw approval to use the durability procedure 
or condition approval on modifications to the durability procedure. Such 
withdrawal or conditional approval will apply to future applications for 
certification and to the portion of the manufacturer's product line (or 
the entire product line) that the Administrator determines to be 
affected. Prior to such a withdrawal the Administrator will give the 
manufacturer a preliminary notice at least 60 days prior to the final 
decision. During this period, the manufacturer may submit technical 
discussion, statistical analyses, additional data, or other information 
which is relevant to the decision. The Administrator will consider all 
information submitted by the deadline before reaching a final decision.
    (k) If EPA withdraws approval, under the provisions of paragraph (j) 
of this section, for a durability procedure approved under the 
provisions of paragraphs (c) and/or (d) of this section, the following 
procedures apply:
    (1) The manufacturer must select one of the following options for 
future applications for certification for the applicable portion of the 
manufacturers product-line affect by the Agency's decision:
    (i) Increase future DFs calculated using the applicable durability 
process by the average percent-difference between certification levels 
and IUVP data; or
    (ii) Increase the miles driven on the SRC or the aging time 
calculated by the BAT equation by the average percent-difference between 
certification levels and IUVP data, or
    (iii) The manufacturer may obtain approval for a new customized 
durability process, as allowed in paragraph (e) of this section, that 
has been demonstrated to meet the durability objective.
    (2) If EPA's decision to withdraw approval under the provisions of 
paragraph (j) of this section is based on fewer than 20 tests, the 
Administrator may require a smaller adjustment than specified in 
paragraph (k)(1)(i) or (ii) of this section.
    (l) Any manufacturer may request a hearing on the Administrator's 
withdrawal of approval in paragraphs (j) or (k) of this section. The 
request must be in writing and must include a statement specifying the 
manufacturer's objections to the Administrator's determinations, and 
data in support of such objection. If, after review of the request and 
supporting data, the Administrator finds that the request raises a 
substantial factual issue, she/he must provide the manufacturer a 
hearing in accordance with Sec. 86.1853-01 with respect to such issue.

[71 FR 2830, Jan. 17, 2006]



Sec. 86.1824-01  Durability demonstration procedures for evaporative 

emissions.

    This section applies to gasoline-, methanol-, liquefied petroleum 
gas-, and natural gas-fueled LDV/Ts, MDPVs, complete heavy-duty 
vehicles, and heavy-duty vehicles certified under the provisions of 
Sec. 86.1801-01(c). The manufacturer shall determine a durability 
process that will predict the expected evaporative emission 
deterioration of candidate in-use vehicles over their full useful life. 
The manufacturer shall use good engineering judgment in determining this 
process.
    (a) Service accumulation method. (1) The manufacturer shall develop 
a service accumulation method designed to effectively predict the 
deterioration of candidate in-use vehicles' evaporative emissions in 
actual use over its full useful life. The manufacturer shall use good 
engineering judgement in developing this method.
    (2) The manufacturers may develop a service accumulation methods 
based upon whole-vehicle full-mileage accumulation, whole vehicle 
accelerated mileage accumulation (e.g., where

[[Page 454]]

40,000 miles on a severe mileage accumulation cycle is equivalent to 
100,000 miles of normal in-use driving), bench aging of individual 
components or systems, or other approaches approved by the 
Administrator.
    (i) For whole vehicle mileage accumulation programs, all emission 
control components and systems (including both hardware and software) 
must be installed and operating for the entire mileage accumulation 
period.
    (ii) Bench procedures shall simulate the aging of components or 
systems over the applicable useful life and shall simulate driving 
patterns and vehicle operational environments found in actual use. For 
this purpose, manufacturers may remove the emission-related components 
(and other 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) For gasoline fueled vehicles certified to meet the evaporative 
emission standards set forth in Sec. 86.1811-04(e)(1), any service 
accumulation method for evaporative emissions must employ gasoline fuel 
for the entire service accumulation period which contains ethanol in, at 
least, the highest concentration permissible in gasoline under federal 
law and that is commercially available in any state in the United 
States. Unless otherwise approved by the Administrator, the manufacturer 
must determine the appropriate ethanol concentration by selecting the 
highest legal concentration commercially available during the calendar 
year before the one in which the manufacturer begins its service 
accumulation. The manufacturer must also provide information acceptable 
to the Administrator to indicate that the service accumulation method is 
of sufficient design, duration and severity to stabilize the 
permeability of all non-metallic fuel and evaporative system components 
to the service accumulation fuel constituents.
    (iv) For flexible-fueled, dual-fueled, multi-fueled, ethanol-fueled 
and methanol-fueled vehicles certified to meet the evaporative emission 
standards set forth in Sec. 86.1811-04(e)(1), any service accumulation 
method must employ fuel for the entire service accumulation period which 
the vehicle is designed to use and which the Administrator determines 
will have the greatest impact upon the permeability of evaporative and 
fuel system components. The manufacturer must also provide information 
acceptable to the Administrator to indicate that the service 
accumulation method is of sufficient design, duration and severity to 
stabilize the permeability of all non-metallic fuel and evaporative 
system components to service accumulation fuel constituents.
    (v) A manufacturer may use other methods, based upon good 
engineering judgment, to meet the requirements of paragraphs (a)(2) 
(iii) and (iv) of this section, as applicable. These methods must be 
approved in advance by the Administrator and meet the objectives of 
paragraphs (a)(2) (iii) and (iv) of this section, as applicable: to 
provide assurance that the permeability of all non-metallic fuel and 
evaporative system components will not lead to evaporative emission 
standard exceedance under sustained exposure to commercially available 
alcohol-containing fuels for the useful life of the vehicle.
    (b) Vehicle/component selection method. The manufacturer shall 
determine a vehicle and component selection procedure which results in 
representative test vehicles and reflects good engineering judgment.
    (c) The manufacturer shall calculate a deterioration factor which is 
applied to the evaporative emission results of the emission data 
vehicles. The deterioration factor shall be based on a linear 
regression, or an other regression technique approved in advance by the 
Administrator. The DF will be calculated to be the difference between 
the full life mileage evaporative level minus the stabilized mileage 
(e.g., 4000-mile) evaporative level from the regression analysis. The DF 
and the full and stabilized mileage emission levels shall be rounded to 
two decimal places of accuracy in accordance with the Rounding-Off 
Method specified in ASTM E29-93a, Standard Practice for Using 
Significant Digits in Test Data

[[Page 455]]

to Determine Conformance with Specifications (incorporated by reference, 
see Sec. 86.1(b)(1). Calculated DF values of less than zero shall be 
changed to zero for the purposes of this paragraph.
    (d) Emission component durability. The manufacturer shall use good 
engineering judgment to determine that all emission-related components 
are designed to operate properly for the full useful life of the 
vehicles in actual use.
    (e) In-use verification. The durability program must meet the 
requirements of Sec. 86.1845-01.
    (f) Information obtained under Sec. Sec. 86.1845-01, 86.1846-01, 
86.1847-01 or from other sources shall be used by the manufacturer in 
developing new durability processes and/or updating existing durability 
processes using good engineering judgment.

[64 FR 23925, May 4, 1999, as amended at 65 FR 6863, Feb. 10, 2000; 65 
FR 59974, Oct. 6, 2000]



Sec. 86.1824-07  Durability demonstration procedures for evaporative 

emissions.

    Sec. 86.1824-07 includes text that specifies requirements that 
differ from those specified in Sec. 86.1824-01. Where a paragraph in 
Sec. 86.1824-01 is identical and applicable to Sec. 86.1824-07, this 
may be indicated by specifying the corresponding paragraph and the 
statement ``[Reserved]. For guidance see Sec. 86.1824-01.''. This 
section applies to gasoline-, methanol-, natural gas- and liquefied 
petroleum gas-fueled LDV/Ts, MDPVs, and HDVs.
    (a) through (f) [Reserved]. For guidance see Sec. 86.1824-01.

[66 FR 5192, Jan. 18, 2001]



Sec. 86.1824-08  Durability demonstration procedures for evaporative 

emissions.

    This section applies to gasoline-, methanol-, liquefied petroleum 
gas-, and natural gas-fueled 2008 and later model year vehicles which 
meet the applicability provisions of Sec. 86.1801. Optionally, a 
manufacturer may elect to use this section for earlier model year 
gasoline-, methanol-, liquefied petroleum gas-, and natural gas-fueled 
vehicles which meet the applicability provisions of Sec. 86.1801. 
Eligible small volume manufacturers or small volume test groups may 
optionally meet the requirements of Sec. Sec. 86.1838-01 and 86.1826-01 
in lieu of the requirements of this section. A separate durability 
demonstration is required for each evaporative/refueling family.
    (a) Durability program objective. The durability program must 
predict an expected in-use emission deterioration rate and emission 
level that effectively represents a significant majority of the 
distribution of emission levels and deterioration in actual use over the 
full useful life of candidate in-use vehicles of each vehicle design 
which uses the durability program.
    (b) Required durability demonstration. Manufacturers must conduct a 
durability demonstration which satisfies the provisions of either 
paragraph (c), (d), or (e) of this section.
    (c) Whole vehicle evaporative durability demonstration. (1) Mileage 
accumulation must be conducted using the SRC or any road cycle approved 
under the provisions of Sec. 86.1823(e)(1).
    (2) Mileage accumulation must be conducted for either:
    (i) The applicable full useful life mileage period specified in 
Sec. 86.1805, or
    (ii) At least 75 percent of the full useful life mileage. In which 
case, the manufacturer must calculate a df calculated according to the 
procedures of paragraph (f)(1)(ii) of this section, except that the DF 
must be based upon a line projected to the full-useful life mileage 
using the upper 80 percent statistical confidence limit calculated from 
the emission data.
    (3) The manufacturer must conduct at least one evaporative emission 
test at each of the five different mileage points selected using good 
engineering judgement. The required testing must include testing at 
5,000 miles and at the highest mileage point run during mileage 
accumulation (e.g. the full useful life mileage). Additional testing may 
be conducted by the manufacturer using good engineering judgement. The 
manufacturer may select to run either the 2-day and/or 3-day evaporative 
test at each test point using good engineering judgement.
    (d) Bench aging evaporative durability procedures. Manufacturers may 
use bench procedures designed, using good engineering judgement, to 
evaluate the

[[Page 456]]

emission deterioration of evaporative control systems. Manufacturers may 
base the bench procedure on an evaluation the following potential causes 
of evaporative emission deterioration:
    (1) Cycling of canister loading due to diurnal and refueling events,
    (2) Use of various commercially available fuels, including the Tier 
2 requirement to include alcohol fuel;
    (3) Vibration of components;
    (4) Deterioration of hoses, etc. due to environmental conditions; 
and
    (5) Deterioration of fuel cap due to wear.
    (e) Combined whole-vehicle and bench-aging programs. Manufacturers 
may combine the results of whole vehicle aging and bench aging 
procedures using good engineering judgement.
    (f) Fuel requirements. (1) For gasoline fueled vehicles certified to 
meet the evaporative emission standards set forth in Sec. 86.1811-
04(e)(1), any mileage accumulation method for evaporative emissions must 
employ gasoline fuel for the entire mileage accumulation period which 
contains ethanol in, at least, the highest concentration permissible in 
gasoline under federal law and that is commercially available in any 
state in the United States. Unless otherwise approved by the 
Administrator, the manufacturer must determine the appropriate ethanol 
concentration by selecting the highest legal concentration commercially 
available during the calendar year before the one in which the 
manufacturer begins its mileage accumulation. The manufacturer must also 
provide information acceptable to the Administrator to indicate that the 
mileage accumulation method is of sufficient design, duration and 
severity to stabilize the permeability of all non-metallic fuel and 
evaporative system components to the mileage accumulation fuel 
constituents.
    (2) For flexible-fueled, dual-fueled, multi-fueled, ethanol-fueled 
and methanol-fueled vehicles certified to meet the evaporative emission 
standards set forth in Sec. 86.1811-04(e)(1), any mileage accumulation 
method must employ fuel for the entire mileage accumulation period which 
the vehicle is designed to use and which the Administrator determines 
will have the greatest impact upon the permeability of evaporative and 
fuel system components. The manufacturer must also provide information 
acceptable to the Administrator to indicate that the mileage 
accumulation method is of sufficient design, duration and severity to 
stabilize the permeability of all non-metallic fuel and evaporative 
system components to mileage accumulation fuel constituents.
    (3) A manufacturer may use other methods, based upon good 
engineering judgment, to meet the requirements of paragraphs (f)(1) and 
(2) of this section, as applicable. These methods must be approved in 
advance by the Administrator and meet the objectives of paragraphs 
(f)(1) and (2) of this section, as applicable: to provide assurance that 
the permeability of all non-metallic fuel and evaporative system 
components will not lead to evaporative emission standard exceedance 
under sustained exposure to commercially available alcohol-containing 
fuels for the useful life of the vehicle.
    (g) Calculation of a deterioration factor. The manufacturer must 
calculate a deterioration factor which is applied to the evaporative 
emission results of the emission data vehicles. The deterioration factor 
must be based on a linear regression, or an other regression technique 
approved in advance by the Administrator. The DF will be calculated to 
be the difference between the full life mileage evaporative level minus 
the stabilized mileage (e.g., 4000-mile) evaporative level from the 
regression analysis. The full useful life regressed emission value, the 
stabilized mileage regressed emission value, and the DF result must be 
rounded to the same precision and using the same procedures as the raw 
emission results according to the provisions of Sec. 86.1837-01. 
Calculated DF values of less than zero must be changed to zero for the 
purposes of this paragraph.
    (h) Emission component durability. [Reserved]. For guidance see 40 
CFR 86.1824-01(d).
    (i) If EPA determines based on IUVP data or other information that 
the durability procedure does not achieve the durability objective of 
paragraph (a) of this section, EPA may withdraw approval to use the 
durability procedure

[[Page 457]]

or condition approval on modifications to the durability procedure. Such 
withdrawal or conditional approval will apply to future applications for 
certification and to the portion of the manufacturer's product line (or 
the entire product line) that the Administrator determines to be 
affected. Prior to such a withdrawal the Administrator will give the 
manufacturer a preliminary notice at least 60 days prior to the final 
decision. During this period, the manufacturer may submit technical 
discussion, statistical analyses, additional data, or other information 
which is relevant to the decision. The Administrator will consider all 
information submitted by the deadline before reaching a final decision.
    (j) Any manufacturer may request a hearing on the Administrator's 
withdrawal of approval in paragraph (i) of this section. The request 
must be in writing and must include a statement specifying the 
manufacturer's objections to the Administrator's determinations, and 
data in support of such objection. If, after review of the request and 
supporting data, the Administrator finds that the request raises a 
substantial factual issue, she/he must provide the manufacturer a 
hearing in accordance with Sec. 86.1853-01 with respect to such issue.

[71 FR 2834, Jan. 17, 2006]



Sec. 86.1825-01  Durability demonstration procedures for refueling emissions.

    This section applies to light-duty vehicles, light-duty trucks, and 
complete heavy-duty vehicles, and heavy-duty vehicles which are 
certified under light-duty rules as allowed under the provisions of 
Sec. 86.1801-01(c) which are subject to refueling loss emission 
compliance. Refer to the provisions of Sec. Sec. 86.1811-01, 86.1811-
04, 86.1812-01, 86.1813-01, and 86.1816-04 to determine applicability of 
the refueling standards to different classes of vehicles for various 
model years. Diesel fuel vehicles may qualify for an exemption to the 
requirements of this section under the provisions of Sec. 86.1810. The 
manufacturer shall determine a durability process that will predict the 
expected refueling emission deterioration of candidate in-use vehicles 
over their full useful life. The manufacturer shall use good engineering 
judgment in determining this process.
    (a) Service accumulation method. (1) The manufacturer shall develop 
a service accumulation method designed to effectively predict the 
deterioration of candidate in-use vehicles' refueling loss emissions in 
actual use over its full useful life. The manufacturer shall use good 
engineering judgement in developing this method.
    (2) The manufacturers may develop a service accumulation methods 
based upon whole-vehicle full-mileage accumulation, whole vehicle 
accelerated mileage accumulation (e.g., where 40,000 miles on a severe 
mileage accumulation cycle is equivalent to 100,000 miles of normal in-
use driving), bench aging of individual components or systems, or other 
approaches approved by the Administrator.
    (i) For whole vehicle mileage accumulation programs, all emission 
control components and systems (including both hardware and software) 
must be installed and operating for the entire mileage accumulation 
period.
    (ii) Bench procedures shall simulate the aging of components or 
systems over the applicable useful life and shall simulate driving 
patterns and vehicle operational environments found in actual use. For 
this purpose, manufacturers may remove the emission-related components 
(and other 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.
    (b) Vehicle/component selection method. The manufacturer shall 
determine a vehicle and component selection procedure which results in 
representative test vehicles and reflects good engineering judgment.
    (c) The manufacturer shall calculate a deterioration factor which is 
applied to the refueling emission results of the emission data vehicles. 
The deterioration factor shall be based on a linear regression, or an 
other regression technique approved in advance by the Administrator. The 
DF will be calculated to be the difference between the full life mileage 
refueling loss emission

[[Page 458]]

level minus the stabilized mileage (e.g., 4000-mile) refueling loss 
emission level from the regression analysis. The DF and the full and 
stabilized mileage emission levels shall be rounded to two decimal 
places of accuracy in accordance with the Rounding-Off Method specified 
in ASTM E29-93a, Standard Practice for Using Significant Digits in Test 
Data to Determine Conformance with Specifications (incorporated by 
reference, see Sec. 86.1(b)(1). Calculated DF values of less than zero 
shall be changed to zero for the purposes of this paragraph.
    (d) The durability process described in paragraph (a) of this 
section must be described in the application for certification under the 
provisions of Sec. 86.1844-01.
    (e) Emission component durability. The manufacturer shall use good 
engineering judgment to determine that all emission-related components 
are designed to operate properly for the full useful life of the 
vehicles in actual use.
    (f) In-use verification. The durability program must meet the 
requirements of Sec. 86.1845-01.
    (g) Information obtained under Sec. Sec. 86.1845-01, 86.1846-01, 
86.1847-01 or from other sources shall be used by the manufacturer in 
developing new durability processes and/or updating existing durability 
processes using good engineering judgment.

[64 FR 23925, May 4, 1999, as amended at 65 FR 59974, Oct. 6, 2000]



Sec. 86.1825-08  Durability demonstration procedures for refueling emissions.

    This section applies to 2008 and later model year light-duty 
vehicles, light-duty trucks, and heavy-duty vehicles which are certified 
under light-duty rules as allowed under the provisions of Sec. 86.1801-
01(c)(1) which are subject to refueling loss emission compliance. 
Optionally, a manufacturer may elect to use this section for earlier 
model year light-duty vehicles, light-duty trucks, and heavy-duty 
vehicles which are certified under light-duty rules as allowed under the 
provisions of Sec. 86.1801-01(c)(1) which are subject to refueling loss 
emission compliance. Refer to the provisions of Sec. Sec. 86.1811, 
86.1812, 86.1813, 86.1814, and 86.1815 to determine applicability of the 
refueling standards to different classes of vehicles for various model 
years. Diesel fuel vehicles may qualify for an exemption to the 
requirements of this section under the provisions of Sec. 86.1810.
    (a) Durability program objective. The durability program must 
predict an expected in-use emission deterioration rate and emission 
level that effectively represents a significant majority of the 
distribution of emission levels and deterioration in actual use over the 
full useful life of candidate in-use vehicles of each vehicle design 
which uses the durability program.
    (b) Required durability demonstration. Manufacturers must conduct a 
durability demonstration which satisfies the provisions of either 
paragraph (c), (d), or (e) of this section.
    (c) Whole vehicle refueling durability demonstration. The following 
procedures must be used when conducting a whole vehicle durability 
demonstration:
    (1) Mileage accumulation must be conducted using the SRC or a road 
cycle approved under the provisions of Sec. 86.1823(e)(1).
    (2) Mileage accumulation must be conducted for either:
    (i) The applicable full useful life mileage period specified in 
Sec. 86.1805, or
    (ii) At least 75 percent of the full useful life mileage. In which 
case, the manufacturer must calculate a df calculated according to the 
procedures of paragraph (f)(1)(ii) of this section, except that the DF 
must be based upon a line projected to the full-useful life mileage 
using the upper 80 percent statistical confidence limit calculated from 
the emission data.
    (3) The manufacturer must conduct at least one refueling emission 
test at each of the five different mileage points selected using good 
engineering judgement. The required testing must include testing at 
5,000 miles and at the highest mileage point run during mileage 
accumulation (e.g. the full useful life mileage). Additional testing may 
be conducted by the manufacturer using good engineering judgement.
    (d) Bench aging refueling durability procedures. Manufacturers may 
use bench procedures designed, using good engineering judgement, to 
evaluate the emission deterioration of evaporative/

[[Page 459]]

refueling control systems. Manufacturers may base the bench procedure on 
an evaluation the following potential causes of evaporative/refueling 
emission deterioration:
    (1) Cycling of canister loading due to diurnal and refueling events;
    (2) Use of various commercially available fuels, including the Tier 
2 requirement to include alcohol fuel;
    (3) Vibration of components;
    (4) Deterioration of hoses, etc. due to environmental conditions; 
and
    (5) Deterioration of fuel cap due to wear.
    (e) Combined whole-vehicle and bench-aging programs. Manufacturers 
may combine the results of whole vehicle aging and bench aging 
procedures using good engineering judgement.
    (f) [Reserved]
    (g) Calculation of a deterioration factor. The manufacturer must 
calculate a deterioration factor which is applied to the evaporative 
emission results of the emission data vehicles. The deterioration factor 
must be based on a linear regression, or an other regression technique 
approved in advance by the Administrator. The DF will be calculated to 
be the difference between the full life mileage evaporative level minus 
the stabilized mileage (e.g., 4000-mile) evaporative level from the 
regression analysis. The full useful life regressed emission value, the 
stabilized mileage regressed emission value, and the DF result must be 
rounded to the same precision and using the same procedures as the raw 
emission results according to the provisions of Sec. 86.1837-01. 
Calculated DF values of less than zero must be changed to zero for the 
purposes of this paragraph.
    (h) Emission component durability. [Reserved]. For guidance see 40 
CFR 86.1845-01 (e).
    (i) If EPA determines based on IUVP data or other information that 
the durability procedure does not achieve the durability objective of 
paragraph (a) of this section, EPA may withdraw approval to use the 
durability procedure or condition approval on modifications to the 
durability procedure. Such withdrawal or conditional approval will apply 
to future applications for certification and to the portion of the 
manufacturer's product line (or the entire product line) that the 
Administrator determines to be affected. Prior to such a withdrawal the 
Administrator will give the manufacturer a preliminary notice at least 
60 days prior to the final decision. During this period, the 
manufacturer may submit technical discussion, statistical analyses, 
additional data, or other information which is relevant to the decision. 
The Administrator will consider all information submitted by the 
deadline before reaching a final decision.
    (j) Any manufacturer may request a hearing on the Administrator's 
withdrawal of approval in paragraph (i) of this section. The request 
must be in writing and must include a statement specifying the 
manufacturer's objections to the Administrator's determinations, and 
data in support of such objection. If, after review of the request and 
supporting data, the Administrator finds that the request raises a 
substantial factual issue, she/he must provide the manufacturer a 
hearing in accordance with Sec. 86.1853-01 with respect to such issue.

[71 FR 2835, Jan. 17, 2006]



Sec. 86.1826-01  Assigned deterioration factors for small volume manufacturers 

and small volume test groups.

    (a) Applicability. This program is an option available to small 
volume manufacturers certified under the small volume manufacturer 
provisions of Sec. 86.1838-01(b)(1) and small volume test groups 
certified under the small volume test group provisions of Sec. 86.1838-
01(b)(2). Manufacturers may elect to use these procedures in lieu of the 
requirements of Sec. Sec. 86.1823, 86.1824, and 86.1825 of this 
subpart.
    (b) Determination of deterioration factors. No service accumulation 
method or vehicle/component selection method is required. Deterioration 
factors for all types of regulated emissions are determined using the 
provisions in this paragraph. A separate assigned deterioration factor 
is required for each durability group. Manufacturers shall use good 
engineering judgment in determining deterioration factors.
    (1) Manufacturers with aggregated sales of less than 301 motor 
vehicles

[[Page 460]]

and motor vehicle engines per year (determined under the provisions of 
Sec. 86.1838-01(b)) may use assigned deterioration factors that the 
Administrator determines and prescribes.
    (i) The deterioration factors will be the Administrator's estimate, 
periodically updated and published in a guidance document 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.
    (ii) If there is insufficient deterioration information to calculate 
an appropriate industry-wide deterioration factor (for example: a new 
engine technology coupled with a proven emission control system), the 
Administrator may, at his/her discretion, use alternative methods to 
develop a deterioration factor.
    (2) Manufacturers with aggregated sales from and including 301 
through 14,999 motor vehicles and motor vehicle engines per year 
(determined under the provisions of Sec. 86.1838-01(b)) certifying 
vehicles equipped with proven emission control systems shall conform to 
the following provisions:
    (i) Manufacturers shall use assigned deterioration factors that the 
manufacturer determines based on its good engineering judgment.
    (A) 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 (b)(2)(ii), of this section.
    (B) 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.
    (C) If there is insufficient deterioration information to calculate 
an appropriate industry-wide deterioration factor (for example, a new 
engine technology coupled with a proven emission control system), the 
Administrator may, at his/her discretion, use alternative methods to 
develop a deterioration factor.
    (ii) The manufacturer's minimum deterioration factors shall be 
calculated using the deterioration factors from all durability groups, 
within the same vehicle/engine-fuel usage category (e.g., gasoline-
fueled light-duty vehicle, etc.) previously certified to the same 
emission standards.
    (A) The manufacturer shall use only deterioration factors from 
durability groups whose test groups were previously certified by the 
manufacturer and the deterioration factors shall not be included in the 
calculation more than once.
    (B) The deterioration factors for each pollutant shall be calculated 
separately.
    (C) 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 emission control systems 
to the system being certified if sufficient data (i.e., from at least 
two certified systems) exists.
    (D) All data eligible to be grouped as similar emission control 
system data shall be used in calculating similar system deterioration 
factors.
    (E) 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 14,999 
motor vehicles and motor vehicle engines per year (determined under the 
provisions of Sec. 86.1838-01(b)) certifying vehicles equipped with 
unproven emission control systems shall conform to the following 
provisions:
    (i) The manufacturer shall use deterioration factors that the 
manufacturer determines from official certification durability data 
generated by vehicles from durability groups representing a minimum of 
25 percent of the manufacturer's sales equipped with unproven emission 
control systems.
    (ii) The sales projections are to be based on total sales projected 
for each test group.
    (iii) The durability data vehicle mileage accumulation and emission 
tests

[[Page 461]]

are to be conducted in accordance with Sec. 86.1831-01.
    (iv) The manufacturer must develop either deterioration factors or 
aged components to use on EDV testing by generating durability data in 
accordance with Sec. Sec. 86.1823, 86.1824, and/or 86.1825 on a minimum 
of 25 percent of the manufacturer's projected sales (based on durability 
groups) that is equipped with unproven emission control systems.
    (v) 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.
    (c) Emission component durability. The manufacturer shall use good 
engineering judgment to determine that all emission-related components 
are designed to operate properly for the useful life of the vehicles in 
actual use (or alternative intervals as permitted in Sec. 86.1805-01).

[64 FR 23925, May 4, 1999, as amended at 65 FR 59974, Oct. 6, 2000; 71 
FR 2836, Jan. 17, 2006]



Sec. 86.1827-01  Test group determination.

    This section applies to the grouping of vehicles into test groups 
within a durability group. The vehicles covered by an application within 
a durability group shall be divided into test groups based on the 
following criteria. The manufacturer shall use good engineering judgment 
in grouping vehicles into test groups.
    (a) To be included in the same test group, vehicles must be 
identical in all following respects:
    (1) Durability group;
    (2) Engine displacement (within a total band width of 15 percent of 
the largest displacement or 50 CID, whichever is larger);
    (3) Number of cylinders or combustion chambers;
    (4) Arrangement of cylinders or combustion chambers (e.g. in-line, 
v-shaped);
    (5) Subject to the same emission standards (or FEL in the case of 
cold temperature NMHC standards), except that a manufacturer may request 
to group vehicles into the same test group as vehicles subject to more 
stringent standards, so long as all the vehicles within the test group 
are certified to the most stringent standards applicable to any vehicle 
within that test group. Light-duty trucks subject to the same emission 
standards as light-duty vehicles, with the exception of the light-duty 
truck idle CO standard and/or total HC standard, may be included in the 
same test group.
    (b) Where vehicles are of a type which cannot be divided into test 
groups based on the criteria listed above (such as non-cylinder 
engines), the Administrator will establish test groups for those 
vehicles based upon the features most related to their exhaust emission 
characteristics.
    (c) Manufacturers may further divide groups determined under 
paragraph (a) of this section providing the Administrator is notified in 
advance of any such changes in writing.
    (d) Manufacturers may request the Administrator's approval to 
combine vehicles into a single test group which would normally not be 
eligible to be in a single test group. The petition should provide:
    (1) Substantial evidence that all the vehicles in the larger 
grouping will have the similar levels of emissions;
    (2) Evidence of equivalent component durability over the vehicle's 
useful life;
    (3) Evidence that the groups will result in sufficient in-use 
verification program data, appropriate tracking in use, and clear 
liability for the Agency's recall program; and
    (4) A statement that all vehicles within a test group are certified 
to the most stringent standards applicable to any vehicle within that 
test group.
    (e) Unless otherwise approved by the Administrator, a manufacturer 
of hybrid electric vehicles must create separate test groups based on 
both the type of battery technology employed by the HEV and upon 
features most related to their exhaust emission characteristics.

[64 FR 23925, May 4, 1999, as amended at 65 FR 6864, Feb. 10, 2000; 65 
FR 59974, Oct. 6, 2000; 72 FR 8566, Feb. 26, 2007]



Sec. 86.1828-01  Emission data vehicle selection.

    (a) FTP and SFTP testing. Within each test group, the vehicle 
configuration

[[Page 462]]

shall be selected which is expected to be worst-case for exhaust 
emission compliance on candidate in-use vehicles, considering all 
exhaust emission constituents, all exhaust test procedures, and the 
potential impact of air conditioning on test results. The selected 
vehicle will include an air conditioning engine code unless the worst-
case vehicle configuration selected is not available with air 
conditioning. This vehicle configuration will be used as the EDV 
calibration.
    (b) Evaporative/Refueling testing. Vehicles of each evaporative/
refueling family will be divided into evaporative/refueling emission 
control systems.
    (1) The vehicle configuration expected to exhibit the highest 
evaporative and/or refueling emission on candidate in-use vehicles shall 
be selected for each evaporative/refueling family and evaporative 
refueling emission system combination from among the corresponding 
vehicles selected for FTP and SFTP testing under paragraph (a) of this 
section. Separate vehicles may be selected to be tested for evaporative 
and refueling testing.
    (2) Each test group must be represented by both evaporative and 
refueling testing (provided that the refueling standards are applicable) 
before it may be certified. That required testing may have been 
conducted on a vehicle in another test group provided the tested vehicle 
is a member of the same evaporative/refueling family and evaporative/
refueling emission system combination and it was selected for testing in 
accordance with the provisions of paragraph (b)(1) of this section.
    (3) For evaporative/refueling emission testing, the vehicle(s) 
selected shall be equipped with the worst-case evaporative/refueling 
emission hardware available on that vehicle considering such items as 
canister size and material, fuel tank size and material, purge strategy 
and flow rates, refueling characteristics, and amount of vapor 
generation.
    (c) Cold CO testing. For cold temperature CO exhaust emission 
compliance for each durability group, the vehicle expected to emit the 
highest CO emissions at 20 degrees F on candidate in-use vehicles shall 
be selected from the test vehicles selected in accordance with paragraph 
(a) of this section.
    (d) Certification Short Test testing. For CST exhaust emission 
compliance for each durability group, the vehicle expected to emit the 
highest CST emissions on candidate in-use vehicles shall be selected 
from the vehicles selected in accordance with paragraph (a) of this 
section. The manufacturer may elect to submit a compliance statement in 
lieu of test data under the provisions of Sec. 86.1829-01.
    (e) The manufacturer may select, using good engineering judgement, 
an equivalent or worst-case configuration in lieu of testing the vehicle 
selected in paragraphs (a) through (d) of this section. Carryover data 
satisfying the provisions of Sec. 86.1839-01 may also be used in lieu 
of testing the configuration selected in paragraphs (a) through (d) of 
this section.
    (f) The manufacturer shall use good engineering judgment in making 
selections of vehicles under this section.



Sec. 86.1828-10  Emission data vehicle selection.

    Section 86.1828-10 includes text that specifies requirements that 
differ from Sec. 86.1828-01. Where a paragraph in Sec. 86.1828-01 is 
identical and applicable to Sec. 86.1828-10, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.1828-01.'' Where a corresponding paragraph of 
Sec. 86.1828-01 is not applicable, this is indicated by the statement 
``[Reserved]''
    (a) through (f) [Reserved]. For guidance see Sec. 86.1828-01.
    (g) Cold temperature NMHC testing. For cold temperature NMHC exhaust 
emission compliance for each durability group, the manufacturer must 
select the vehicle expected to emit the highest NMHC emissions at 20 
[deg]F on candidate in-use vehicles from the test vehicles specified in 
Sec. 86.1828-01(a). When the expected worst-case cold temperature NMHC 
vehicle is also the expected worst-case cold temperature CO vehicle as 
selected in paragraph (c) of this section, then cold testing is required 
only for that vehicle; otherwise, testing is required for both the 
worst-case cold temperature CO vehicle and

[[Page 463]]

the worst-case cold temperature NMHC vehicle.

[72 FR 8566, Feb. 26, 2007]



Sec. 86.1829-01  Durability and emission testing requirements; waivers.

    (a) Durability demonstration. (1) One durability demonstration is 
required for each durability group.
    (2) The configuration of the DDV is determined according to the 
provisions of Sec. 86.1822-01.
    (3) The DDV shall be tested and accumulate service mileage according 
to the provisions of Sec. Sec. 86.1831-01, 86.1823, 86.1824 and 
86.1825. Small volume manufacturers and small volume test groups may 
optionally meet the requirements of Sec. 86.1838-01.
    (b) Emissions demonstration--(1) FTP and SFTP Exhaust Testing--(i) 
Testing at low altitude. One EDV shall be tested in each test group for 
exhaust emissions using the FTP and SFTP test procedures of subpart B of 
this part. The configuration of the EDV will be determined under the 
provisions of Sec. 86.1828-01 of this subpart.
    (ii) Testing at high altitude. For high-altitude exhaust emission 
compliance for each test group, the manufacturer shall follow one of the 
following two procedures:
    (A) One EDV shall be tested in each test group for exhaust emissions 
using the FTP test procedures of subpart B of this part. The 
configuration of the EDV will be determined under the provisions of 
Sec. 86.1828-01; or
    (B) In lieu of testing vehicles according to the provisions of 
paragraph (b)(1)(ii)(A) of this section, a manufacturer may provide a 
statement in its application for certification that, based on the 
manufacturer's engineering evaluation of appropriate high-altitude 
emission testing, all light-duty vehicles, light-duty trucks, and 
complete heavy-duty vehicles comply with the emission standards at high 
altitude.
    (iii) Data submittal waivers. (A) In lieu of testing a methanol-
fueled diesel-cycle light truck for particulate emissions a manufacturer 
may provide a statement in its application for certification that such 
light trucks comply with the applicable standards. Such a statement 
shall be based on previous emission tests, development tests, or other 
appropriate information.
    (B) In lieu of testing an Otto-cycle light-duty vehicle, light-duty 
truck, or heavy-duty vehicle for particulate emissions for 
certification, a manufacturer may provide a statement in its application 
for certification that such vehicles comply with the applicable 
standards. Such a statement must be based on previous emission tests, 
development tests, or other appropriate information.
    (C) A manufacturer may petition the Administrator for a waiver of 
the requirement to submit total hydrocarbon emission data. If the waiver 
is granted, then in lieu of testing a certification light-duty vehicle 
or light-duty truck for total hydrocarbon emissions the manufacturer may 
provide a statement in its application for certification that such 
vehicles comply with the applicable standards. Such a statement shall be 
based on previous emission tests, development tests, or other 
appropriate information.
    (D) A manufacturer may petition the Administrator to waive the 
requirement to measure particulate emissions when conducting Selective 
Enforcement Audit testing of Otto-cycle vehicles.
    (E) In lieu of testing a gasoline or diesel fueled Tier 2 or interim 
non-Tier 2 vehicle for formaldehyde emissions when such vehicles are 
certified based upon NMHC emissions, a manufacturer may provide a 
statement in its application for certification that such vehicles comply 
with the applicable standards. Such a statement must be based on 
previous emission tests, development tests, or other appropriate 
information.
    (F) In lieu of testing a petroleum-fueled heavy-duty vehicle for 
formaldehyde emissions for certification, a manufacturer may provide a 
statement in its application for certification that such vehicles comply 
with the applicable standards. Such a statement must be based on 
previous emission tests, development tests, or other appropriate 
information.

[[Page 464]]

    (2) Evaporative/Refueling testing. Vehicles of each evaporative/
refueling family will be divided into evaporative/refueling emission 
control systems. Applicability of the refueling test requirements of 
this paragraph shall be determined in accordance with the applicability 
of the refueling loss standards under the provisions of Sec. 86.1810.
    (i) Testing at low altitude. One EDV in each evaporative/refueling 
family and evaporative/refueling emission control system combination 
must be tested in accordance with the evaporative/refueling test 
procedure requirement of subpart B of this part. The configuration of 
the EDV will be determined under the provisions of Sec. 86.1828-01. The 
EDV must also be tested for exhaust emission compliance using the FTP 
and SFTP procedures of subpart B of this part. In lieu of testing 
natural gas-fueled or liquefied petroleum gas-fueled vehicles, the 
manufacturer may provide a statement in its application for 
certification that, based on the manufacturer's engineering evaluation 
of such emission testing as the manufacturer deems appropriate, these 
vehicles will comply with the emission standards.
    (ii) Testing at high altitude. For high-altitude evaporative and/or 
refueling emission compliance for each evaporative/refueling family, the 
manufacturer shall follow one of the following two procedures:
    (A) One EDV in each evaporative/refueling family and evaporative/
refueling emission control system combination shall be tested in 
accordance with the evaporative/refueling test procedure requirement of 
subpart B of this part. The configuration of the EDV will be determined 
under the provisions of Sec. 86.1824-01. The EDV must also be tested 
for exhaust emissions using the FTP procedures of subpart B of this part 
while operated at high altitude; or
    (B) In lieu of testing vehicles according to the provisions of 
paragraph (b)(2)(ii)(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 manufacturer deems appropriate, all light-duty vehicles, 
light-duty trucks, and complete heavy-duty vehicles comply with the 
emission standards at high altitude.
    (iii) Optional waiver of two-diurnal evaporative certification test 
for gasoline- and ethanol-fueled vehicles. In lieu of testing gasoline-
fueled and ethanol-fueled vehicles for the supplemental two-diurnal test 
sequence according to the provisions of paragraphs (b)(2)(i) and 
(b)(2)(ii) of this section, a manufacturer may optionally provide a 
statement of compliance in its application for certification that, based 
on the manufacturer's good engineering judgement, all light-duty 
vehicles, light-duty trucks and complete heavy-duty vehicles in the 
applicable evaporative/refueling emission family comply with the 
evaporative emission standard for the supplemental two-diurnal test 
sequence.
    (A) The option to provide a statement of compliance in lieu of 2-
diurnal evaporative certification test data outlined in paragraph 
(b)(2)(iii) of this section is limited to vehicles with conventional 
evaporative emission control systems (as determined by the 
Administrator). This option may be used for vehicles in evaporative/
refueling families which are certified to the applicable two-diurnal, 
three-diurnal, running loss, and refueling emission standards. EPA may 
perform confirmatory 2-diurnal evaporative emission testing on 
certification test vehicles which are certified using this option (even 
though the manufacturer may not have performed a 2-diurnal evaporative 
test during the certification process). If data shows noncompliance, 
noncompliance will be addressed through 86.1851. As well, if data shows 
noncompliance, EPA may not normally allow for subsequent waivers for the 
applicable evaporative family.
    (B) Manufacturers shall supply information if requested by EPA in 
support of the statement of compliance outlined in paragraph (b)(2)(iii) 
of this section. This information shall include evaporative calibration 
information for the emission-data test vehicle and for other vehicles in 
the evaporative/refueling family, including, but not limited to, 
canister type, canister volume, canister working capacity, fuel tank 
volume, fuel tank geometry, the type of fuel delivery system (return,

[[Page 465]]

returnless, variable flow fuel pump, etc.), a description of the input 
parameters and software strategy used to control the evaporative 
canister purge, the nominal purge flow volume (in bed volumes) when 
vehicles are driven over the 2-diurnal (FTP) driving cycle, the nominal 
purge flow volume (in bed volumes) when vehicles are driven over the 3-
diurnal (FTP + running loss) driving cycle, and other supporting 
information as necessary to demonstrate that the purge flow rate 
calibration on the 2-diurnal test sequence is adequate to comply with 
the evaporative emission standard for the supplemental two-diurnal test 
sequence.
    (3) Cold temperature CO and cold temperature NMHC Testing. The 
manufacturer must test one EDV in each durability group for cold 
temperature CO and cold temperature NMHC exhaust emission compliance in 
accordance with the test procedures in subpart C of this part or with 
alternative procedures approved in advance by the Administrator. The 
selection of which EDV and test group within the durability group will 
be tested for cold temperature CO and cold temperature NMHC compliance 
will be determined under the provisions of Sec. 86.1828-10(c) and (g).
    (4) Certification Short Test testing. (i) To determine CST emission 
compliance for each durability group, the manufacturer shall follow one 
of the following two procedures:
    (A) One EDV in each durability group shall be tested in accordance 
with the CST procedures set forth in subpart O of this part. The 
configuration of the EDV will be determined under the provisions of 
Sec. 86.1828-01(d). The EDV must also be tested for exhaust emissions 
using the FTP and SFTP procedures of subpart B of this part; or
    (B) In lieu of testing vehicles according to the provisions of Sec. 
86.1829-01(b)(4)(i)(A), a manufacturer may provide a statement in its 
application for certification that, based on the manufacturer's 
engineering evaluation of such CST testing as the manufacturer deems 
appropriate, all light-duty vehicles and light-duty trucks comply with 
the CST emission standards.
    (ii) For light-duty vehicles and light-duty trucks, a manufacturer 
with a test group that cannot be appropriately tested on all 
Certification Short Test emission test procedures described in Sec. 
86.1439 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.
    (iii) For light-duty vehicles and light-duty trucks, a manufacturer 
with a test group that can be appropriately tested on none of the 
Certification Short Test emission test procedures described in Sec. 
86.1439 may request an alternative procedure as described in Sec. 
86.1427(d).
    (5) Idle CO testing. To determine idle CO emission compliance for 
light-duty trucks and complete heavy-duty vehicles, the manufacturer 
shall follow one of the following two procedures:
    (i) For test groups containing light-duty trucks and complete heavy-
duty vehicles, each EDV shall be tested in accordance with the idle CO 
testing procedures of subpart B of this part; or
    (ii) In lieu of testing light trucks and complete heavy-duty 
vehicles for idle CO emissions, a manufacturer may provide a statement 
in its application for certification that, based on the manufacturer's 
engineering evaluation of such idle CO testing as the manufacturer deems 
appropriate, all light-duty trucks and complete heavy-duty vehicles 
comply with the idle CO emission standards.
    (c) Running change testing. Running change testing shall be 
conducted as required under the provisions of Sec. 86.1842-01.
    (d)(1) Beginning in the 2004 model year, the exhaust emissions must 
be measured from all LDV/T exhaust emission data vehicles tested in 
accordance with the federal Highway Fuel Economy Test (HWFET; 40 CFR 
part 600, subpart B). The oxides of nitrogen emissions measured during 
such tests must represent the full useful life emissions in accordance 
with Sec. 86.1823-08(f) and subsequent model year provisions. Those 
results are then rounded and compared with the applicable emission 
standard in Sec. 86.1811-04. All data obtained from the testing 
required

[[Page 466]]

under this paragraph (d) must be reported in accordance with the 
procedures for reporting other exhaust emission data required under this 
subpart.
    (2) In the event that one or more emission data vehicles fail the 
applicable HWFET standard in Sec. 86.1811-04, the manufacturer may 
submit to the Administrator engineering data or other evidence showing 
that the system is capable of complying with the standard. If the 
Administrator finds, on the basis of an engineering evaluation, that the 
system can comply with the HWFET standard, he or she may accept the 
information supplied by the manufacturer in lieu of the test data.
    (3) The provisions of paragraphs (d)(1) and (d)(2) of this section 
do not apply to MDPVs.

[64 FR 23925, May 4, 1999, as amended at 65 FR 6864, Feb. 10, 2000; 65 
FR 59975, Oct. 6, 2000; 66 FR 5193, Jan. 18, 2001; 66 FR 19310, Apr. 13, 
2001; 70 FR 72929, Dec. 8, 2005; 71 FR 2836, Jan. 17, 2006; 72 FR 8566, 
Feb. 26, 2007]



Sec. 86.1830-01  Acceptance of vehicles for emission testing.

    (a) General test vehicle requirements. (1) All test vehicles shall 
be tested in the proper configurations as specified in Sec. 86.1822-01, 
Sec. 86.1828-01, or Sec. 86.1842-01, as applicable for the type of 
test conducted.
    (2) Components affecting emissions which are used to build test 
vehicles shall either be randomly selected production parts or parts 
verified to be in the middle 50 percent of the tolerance range. The 
manufacturer will determine which components affect emissions using good 
engineering judgment.
    (3) Test vehicles must have air conditioning installed and 
operational if that configuration is available with air conditioning. 
Optional equipment must be installed or represented on test vehicles 
according to the provisions of Sec. 86.1832-01.
    (4) Test vehicles must receive proper scheduled maintenance as 
established by the manufacturer according to the provisions of Sec. 
86.1834-01(b) or (c). Unscheduled maintenance must be approved under the 
provisions of Sec. 86.1834-01(d).
    (5) Vehicle mileage shall be accumulated in accordance with Sec. 
86.1831-01.
    (6) The road load forces and equivalent test weight used during 
testing will be determined according to the provisions of Sec. 86.129-
00.
    (7) Test vehicles shall have the appropriate emission testing 
hardware installed (e.g., exhaust pipe testing flange, fuel tank drain, 
access ports to evaporative canisters, and fuel tank heat blanket) and 
shall have tires with appropriate tire wear.
    (b) Special provisions for durability data vehicles. (1) For DDV's, 
the mileage at all test points shall be within 250 miles of the 
scheduled mileage point as required under Sec. 86.1823-08(c)(3). 
Manufacturers may exceed the 250 mile upper limit if there are 
logistical reasons for the deviation and the manufacturer determines 
that the deviation will not affect the representativeness of the 
durability demonstration.
    (2) For DDV's aged using the standard or a customized/alternative 
whole-vehicle cycle, all emission-related hardware and software must be 
installed and operational during all mileage accumulation after the 
5000-mile test point.
    (3) DDV's may be reconfigured before the 5000-mile test point 
providing that the representativeness of the emission results will not 
be affected. Manufacturers shall use good engineering judgment in making 
such determinations.
    (c) Special provisions for emission data vehicles. (1) All EDV's 
shall have at least the minimum number of miles accumulated to achieve 
stabilized emission results according to the provisions of Sec. 
86.1831-01(c).
    (2) Within a durability group, the manufacturer may alter any 
emission data vehicle (or other vehicles such as current or previous 
model year emission data vehicles, running change vehicles, fuel economy 
data vehicles, and development vehicles) in lieu of building a new test 
vehicle providing that the modification will not impact the 
representativeness of the vehicle's test results. Manufacturers shall 
use good engineering judgment in making such determinations. Development 
vehicles which were used to develop the calibration selected for 
emission data testing may not be used as the EDV for that configuration. 
Vehicles from outside

[[Page 467]]

the durability group may be altered with advance approval of the 
Administrator.
    (3) Components used to reconfigure EDV's under the provisions of 
paragraph (c)(2) of this section must be appropriately aged if necessary 
to achieve representative emission results. Manufacturers must determine 
the need for component aging and the type and amount of aging required 
using good engineering judgment.
    (4) Bench-aged hardware may be installed on an EDV for emission 
testing as a method of determining certification levels (projected 
emission levels at full or intermediate useful life) using bench aging 
procedures under the provisions of Sec. 86.1823.

[64 FR 23925, May 4, 1999, as amended at 71 FR 2836, Jan. 17, 2006]



Sec. 86.1831-01  Mileage accumulation requirements for test vehicles.

    (a) Durability Data Vehicles. (1) The manufacturer must accumulate 
mileage on DDV's using the procedures in Sec. 86.1823.
    (2) All tests required by this subpart on durability data vehicles 
shall be conducted within 250 miles of each of the nominal test point 
mileage. 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, or other similar circumstances.
    (b) Emission data vehicles and running change vehicles. (1) The 
standard method of mileage accumulation for emission data vehicles and 
running change vehicles is mileage accumulation using either the 
Standard Road Cycle specified in appendix V to this part or the 
Durability Driving Schedule specified in appendix IV to this part.
    (2) The manufacturer may use an alternative mileage accumulation 
method providing the form and extent of the service accumulation 
represents normal driving patterns for that vehicle, the method is 
consistent with good engineering judgment, and the method is described 
in the application for certification.
    (3) 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.
    (c) The manufacturer shall determine the mileage at which the 
emission control system and engine combination is stabilized for 
emission-data testing. The manufacturer shall provide to the 
Administrator if requested, a record of the analysis used in making this 
determination. The manufacturer may elect to accumulate 2,000 miles 
(3,219 kilometers) or more on each test vehicle without making a 
determination. The manufacturer must accumulate a minimum of 1,000 miles 
(1,608 kilometers) on each emission data vehicle.
    (d) All test vehicle mileage must be accurately determined, 
recorded, and reported to the Administrator upon request.

[64 FR 23925, May 4, 1999, as amended at 71 FR 2836, Jan. 17, 2006]



Sec. 86.1832-01  Optional equipment and air conditioning for test vehicles.

    For test vehicles selected under Sec. Sec. 86.1822-01 and 86.1828-
01:
    (a)(1) Where it is expected that more than 33 percent of a car line, 
within a test group, 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 car line, within that test group.
    (2) Where it is expected that 33 percent or less of the car line, 
within a test group, 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 car line, within 
that test group, unless that item is standard equipment on the vehicle.
    (3) In the case of mutually exclusive options, only the weight of 
the heavier

[[Page 468]]

option will be added in computing the curb weight.
    (4) Optional equipment weighing less than three pounds per item need 
not be considered.
    (b)(1) Where it is expected that more than 33 percent of a car line, 
within a test group, 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 (b)(2) of this section) on all emission data 
and durability data vehicles of that car line, within that test group, 
on which the items are intended to be offered in production. Items that 
can reasonably be expected to influence emissions include, but are not 
limited to: air conditioning, power steering, and power brakes.
    (2) If the manufacturer determines by test data or engineering 
evaluation that the actual installation of the optional equipment 
required by paragraph (b)(1) of this section does not affect the 
emissions or fuel economy values, the optional equipment need not be 
installed on the test vehicle.
    (3) 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.
    (4) The engineering evaluation, including any test data, used to 
support the deletion of optional equipment from test vehicles, shall be 
maintained by the manufacturer and be made available to the Agency upon 
request by the Administrator within 15 business days.
    (c) Except for air conditioning, where it is expected that 33 
percent or less of a car line, within a test group, 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 car line within that test group, unless that item is standard 
equipment on that vehicle or specifically required by the Administrator.
    (d) 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 car line. Paragraphs (a) 
through (c) of this section will be used to determine whether the weight 
of the air conditioner will be included in the equivalent test weight 
calculations for emission testing.



Sec. 86.1833-01  Adjustable parameters.

    (a) At the time that emission data vehicles are selected for the 
test fleet, a determination shall be made of 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. The manufacturer shall use good engineering judgment in 
making such determinations and shall notify the Administrator of its 
determinations prior to emission data vehicle testing for the affected 
test groups (preferably at an annual preview meeting scheduled before 
the manufacturer begins certification activities for the model year).
    (1) Determining parameters subject to adjustment. (i) The following 
parameters may be subject to adjustment: the idle fuel-air mixture 
parameter on Otto-cycle vehicles; the choke valve action parameter(s) on 
carbureted, Otto-cycle vehicles (or engines); or any parameter on any 
vehicle (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.
    (ii) Any other parameters on any vehicle or engine which are 
physically capable of being adjusted and which may significantly affect 
emissions may be determined to be subject to adjustment. However, the 
Administrator may do so only if he/she has previously notified the 
manufacturer that he/she might do so and has found, at the time he/she 
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

[[Page 469]]

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 
following shall be taken into consideration: 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, such 
factors may be considered as information contained in the preliminary 
application, surveillance information from similar in-use vehicles, the 
difficulty and cost of gaining access to an adjustment, damage to the 
vehicle 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 performance 
characteristics including emission characteristics.
    (2)(i) A parameter may be determined 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) A physical limit or stop shall be determined 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 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 (a)(2)(i) and (ii) of this 
section shall not apply for that parameter.
    (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 (a)(2)(i) or (ii) of this section, the following shall be 
considered: the likelihood that it will be circumvented, removed, or 
exceeded on in-use vehicles. In determining likelihood, such factors may 
be considered as, but not limited to, information contained in the 
preliminary application; surveillance information from similar in-use 
vehicles; the difficulty and cost of circumventing, removing, or 
exceeding the limit, stop, seal, or other means; damage to the vehicle 
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 performance

[[Page 470]]

characteristics other than emission characteristics.
    (v) In the case of electronic components on circuit boards (such as 
onboard computers) the board is covered with an epoxy resin which 
inhibits the access to components on the board (commonly referred to as 
potting).
    (3) Two physically adjustable ranges shall be determined for each 
parameter subject to adjustment:
    (i)(A) In the case of a parameter determined to be adequately 
inaccessible or sealed, the following may be included within the 
physically adjustable range applicable to testing under this subpart: 
all settings within the production tolerance associated with the nominal 
setting for that parameter, as specified by the manufacturer in the 
application for certification or other information; or
    (B) In the case of other parameters, all settings within physical 
limits or stops determined to be adequate restraints on adjustability 
shall be included within this range. The production tolerances on the 
location of these limits or stops may be included when determining the 
physically adjustable range.
    (ii)(A) In the case of a parameter determined to be adequately 
inaccessible or sealed, only the actual settings to which the parameter 
is adjusted during production shall be included within the physically 
adjustable range applicable to testing under subparts G or K (Selective 
Enforcement Audit and Production Compliance Audit) of this part; or
    (B) In the case of other parameters, all settings within physical 
limits or stops determined to be adequate restraints on adjustability, 
as they are actually located on the test vehicle, shall be included 
within the range.
    (b) In lieu of making the determinations required in paragraph (a) 
of this section, the manufacturer may request a determination be made by 
the Administrator prior to emission testing. In that case, all the 
information discussed in paragraph (a) of this section shall be provided 
to the Administrator. The Administrator will respond within 90 days 
(excluding the elapsed time during which additional information 
requested by the Administrator is being gathered by the manufacturer) 
following the receipt of the request for determination.
    (c) If the Administrator determines that the decisions made by the 
manufacturer under the provisions of paragraph (a) of this section were 
not made using good engineering judgment, the Administrator will 
overrule the manufacturers' decisions and conduct testing for 
Certification, Selective Enforcement Audit and/or Production Compliance 
Audit purposes by adjusting parameters according to his/her 
determination of those vehicle or engine parameters subject to 
adjustment, the adequacy of the limits, stops, seals, or other means 
used to inhibit adjustment, and the resulting physically adjustable 
ranges for each such parameter. Furthermore, the Administrator may 
reject testing performed by the manufacturer which failed to follow his/
her determinations.
    (d) Within 30 days following receipt of notification of the 
Administrator's determinations made under paragraph (b) or (c) 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. 86.1853-01 with respect 
to such issue.



Sec. 86.1834-01  Allowable maintenance.

    (a) 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) This section specifies emission-related scheduled maintenance 
for purposes of obtaining durability data and

[[Page 471]]

for inclusion in maintenance instructions furnished to purchasers of new 
motor vehicles and under Sec. 86.1808-01.
    (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. 86.1808-01. 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. Manufacturers 
shall determine the technological need for maintenance using good 
engineering judgment. 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) Emission-related maintenance in addition to, or at shorter 
intervals than, that listed in paragraphs (b)(3)(i) through (vi) 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 complete heavy-duty vehicle spark 
plugs shall occur at 25,000 miles (or 750 hours) of use and at 30,000-
mile (or 750 hour) intervals thereafter, for vehicles certified for use 
with unleaded fuel only.
    (ii) For light-duty vehicles and light-duty trucks, the adjustment, 
cleaning, repair, or replacement of the following items 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 complete heavy-duty vehicles, the adjustment, cleaning, 
repair, or replacement of the following items shall occur at 50,000 
miles (or 1,500 hours) of use and at 50,000-mile (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 light-duty trucks, light-duty vehicles, and complete heavy-
duty vehicles, 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 light-duty trucks and light-duty vehicles, the adjustment, 
cleaning, repair, or replacement of the following items 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 and/or refueling emission canister(s).
    (F) Turbochargers.
    (G) Carburetors.
    (H) Superchargers.
    (I) Exhaust gas recirculation system including all related filters 
and control valves.
    (J) Mechanical fillpipe seals.
    (vi) For complete heavy-duty vehicles, the adjustment, cleaning, 
repair, or replacement of the following items 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.

[[Page 472]]

    (C) Fuel injectors.
    (D) Electronic engine control unit and its associated sensors 
(except oxygen sensor) and actuators.
    (E) Evaporative and/or refueling emission canister(s).
    (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.
    (I) Mechanical fillpipe seals.
    (4) For diesel-cycle light-duty vehicles and light-duty trucks, 
emission-related maintenance in addition to, or at shorter intervals 
than the following will not be accepted as technologically necessary, 
except as provided in paragraph (b)(7) of this section:
    (i) 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.
    (ii) The adjustment, cleaning, repair, or replacement shall occur at 
100,000 miles of use and at 100,000-mile intervals thereafter of the 
following items:
    (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) Critical emission-related components. (i) The following 
components are 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 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 
following conditions 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

[[Page 473]]

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 test group, the sample will be sales 
weighted to ensure that it is representative of all the groups 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. 86.1808-01.
    (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)).
    (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 this paragraph (b)(7). The

[[Page 474]]

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. 86.1853-01 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, re-torquing 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 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 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 (using good engineering judgment) only in the following 
circumstances:
    (i) 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) 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) The OBD system of a durability data vehicle representing any 
test group certifying fully to the Federal OBD requirements as specified 
in Sec. 86.1806-01(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 following conditions:
    (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:

[[Page 475]]

    (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 a part failure or system malfunction occurrence and/or repair 
has 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 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) 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) Complete emission tests (see Sec. Sec. 86.106-96 through 
86.145-82) 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) When air conditioning SFTP exhaust emission tests are required, 
the manufacturer must document that the vehicle's air conditioning 
system is operating properly and in a representative condition. Required 
air conditioning system maintenance is performed as unscheduled 
maintenance and does not require the Administrator's approval.

[64 FR 23925, May 4, 1999, as amended at 65 FR 59975, Oct. 6, 2000; 70 
FR 40443, July 13, 2005]

[[Page 476]]



Sec. 86.1835-01  Confirmatory certification testing.

    (a) Testing by the Administrator. (1) The Administrator may require 
that any one or more of the test vehicles be submitted to the Agency, at 
such place or places as the Agency may designate, for the purposes of 
conducting emissions tests. The Administrator may specify that such 
testing be conducted 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.
    (i) The Administrator may adjust or cause to be adjusted any 
adjustable parameter of an emission-data vehicle which the Administrator 
has determined to be subject to adjustment for certification testing in 
accordance with Sec. 86.1833-01(a)(1), to any setting within the 
physically adjustable range of that parameter, as determined by the 
Administrator in accordance with Sec. 86.1833-01(a)(3), 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. 86.1829-01(b). 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, light-duty trucks, or complete heavy-duty vehicles. 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.
    (ii) For those vehicles parameters which the Administrator has not 
determined to be subject to adjustment during testing in accordance with 
Sec. 86.1833-01(a)(1), the 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. 86.1807-01) 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.
    (2) If the Administrator determines that the test data developed on 
an emission data vehicle under paragraph (a)(1) of this section would 
cause that vehicle to fail under the provisions of Sec. 86.1841-01, 
then the following procedure shall be observed:
    (i) 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 testing in accordance with 
Sec. 86.1833-01(a)(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. 
86.1833-01(a)(3). Other maintenance or repairs may be performed in 
accordance with Sec. 86.1834-01. All work on the vehicle shall be done 
at such location and under such conditions as the Administrator may 
prescribe.
    (ii) The vehicle will be retested by the Administrator and the 
results of this test shall comprise the official data for the emission-
data vehicle.

[[Page 477]]

    (3) If sufficient durability data are not available at the time of 
any emission test conducted under paragraph (a)(1) 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 paragraph (a)(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 made before the 
manufacturer removes the vehicle from the test premises.
    (4) Retesting for fuel economy reasons may be conducted under the 
provisions of 40 CFR 600.008-01.
    (b) Manufacturer-conducted confirmatory testing. (1) If the 
Administrator determines not to conduct a confirmatory test under the 
provisions of paragraph (a) of this section, light-duty vehicle and 
light-duty truck manufacturers will conduct a confirmatory test at their 
facility after submitting the original test data to the Administrator 
whenever any of the conditions listed in paragraphs (b)(1)(i) through 
(v) of this section exist, and complete heavy-duty vehicles 
manufacturers will conduct a confirmatory test at their facility after 
submitting the original test data to the Administrator whenever the 
conditions listed in paragraph (b)(1)(i) or (b)(1)(ii) of this section 
exist, as follows:
    (i) The vehicle configuration has previously failed an emission 
standard;
    (ii) The test exhibits high emission levels determined by exceeding 
a percentage of the standards specified by the Administrator for that 
model year;
    (iii) The fuel economy value of the test as measured in accordance 
with the procedures in 40 CFR part 600 is higher than expected based on 
procedures approved by the Administrator;
    (iv) The fuel economy value as measured in accordance with the 
procedures in part 600 of this title, is close to a Gas Guzzler Tax 
threshold value based on tolerances established by the Administrator for 
that model year; or
    (v) The fuel economy value as measured in accordance with the 
procedures in part 600 of this title, is a potential fuel economy leader 
for a class of vehicles based on Administrator provided cut points for 
that model year.
    (2) If the Administrator selects the vehicle for confirmatory 
testing based on the manufacturer's original test results, the testing 
shall be conducted as ordered by the Administrator. In this case, the 
manufacturer-conducted confirmatory testing specified under paragraph 
(b)(1) of this section would not be required.
    (3) For light-duty vehicles, and light-duty trucks, the manufacturer 
shall conduct a retest of the FTP or highway test if the difference 
between the fuel economy of the confirmatory test and the original 
manufacturer's test equals or exceeds three percent (or such lower 
percentage to be applied consistently to all manufacturer conducted 
confirmatory testing as requested by the manufacturer and approved by 
the Administrator).
    (i) For use in the fuel economy program described in 40 CFR part 
600, the manufacturer may, in lieu of conducting a retest, accept as 
official the lower of the original and confirmatory test fuel economy 
results.
    (ii) The manufacturer shall conduct a second retest of the FTP or 
highway test if the fuel economy difference between the second 
confirmatory test and the original manufacturer test equals or exceeds 
three percent (or such lower percentage as requested by the manufacturer 
and approved by the Administrator) and the fuel economy difference 
between the second confirmatory test and the first confirmatory test 
equals or exceeds three percent (or such lower percentage as requested 
by the manufacturer and approved by the Administrator). In lieu of 
conducting a second retest, the manufacturer may accept as official (for 
use in the fuel economy program) the lowest of the original test, the 
first confirmatory test, and the second confirmatory test fuel economy 
results.
    (c) Official test determination. (1) Whenever the Administrator or 
the manufacturer conducts a confirmatory 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

[[Page 478]]

the prescribed test point and the manufacturer's original test data for 
that test segment for that prescribed test point shall not be used in 
determining compliance with emission standards.
    (i) If the Administrator or the manufacturer conducts more than one 
passing, valid, confirmatory test, the results from the first passing, 
valid confirmatory test shall be considered official and used in 
determining compliance with emission standards.
    (ii) Official test results for fuel economy purposes are determined 
in accordance with the provisions of 40 CFR 600.008-01.
    (iii) 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.
    (2) Whenever the Administrator or the manufacturer does not conduct 
a confirmatory test on a test vehicle at a test point, the 
manufacturer's original test data will be accepted as the official data 
for that point.
    (i) If the Administrator makes a determination based on testing 
under paragraph (a) of this section (or other appropriate correlation 
test data), that there is a lack of correlation between the 
manufacturer's test equipment or procedures and the test equipment or 
procedures 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.
    (ii) 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 subpart, the 
Administrator may refuse to accept that data as the official data 
pending retesting or submission of further information.
    (iii) If the manufacturer conducts more than one test on an emission 
data vehicle in the same configuration (excluding confirmatory tests run 
under paragraph (b) of this section), the data from the last test in 
that series of tests on that vehicle, will constitute the official data.
    (d) Upon request of the manufacturer, the Administrator may issue a 
conditional certificate of conformity for a test group which has not 
completed the Administrator testing required under paragraph (a) of this 
section. Such a certificate will be issued based upon the condition that 
the confirmatory testing be completed in an expedited manner and that 
the results of the testing be in compliance with all standards and 
procedures.
    (1) If, based on this testing or any other information, the 
Administrator later determines that the vehicles included in this test 
group do not meet the applicable standards, the Administrator will 
notify the manufacturer that the certificate is suspended. The 
certificate may be suspended in whole or in part as determined by the 
Administrator. Upon such a notification, the manufacturer must 
immediately cease the introduction of the affected vehicles into 
commerce. The manufacturer may request a hearing to appeal the 
Administrators decision using the provisions of Sec. 86.1853-01.
    (2) Production of vehicles by a manufacturer under the terms of this 
paragraph (d) will be deemed to be a consent to recall all vehicles in 
the test group which the Administrator determines do not meet applicable 
standards, and to cause such nonconformity to be remedied at no expense 
to the owner.

[64 FR 23925, May 4, 1999, as amended at 65 FR 59976, Oct. 6, 2000; 66 
FR 19310, Apr. 13, 2001]



Sec. 86.1836-01  Manufacturer-supplied production vehicles for testing.

    Any manufacturer obtaining certification under this subpart shall 
supply to the Administrator, upon request, a reasonable number of 
production vehicles 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. These vehicles shall be supplied for testing 
at such time and place and for such reasonable periods as the 
Administrator may require.

[[Page 479]]



Sec. 86.1837-01  Rounding of emission measurements.

    (a) Unless otherwise specified, 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 E29-93a, Standard Practice for 
Using Significant Digits in Test Data to Determine Conformance with 
Specifications (incorporated by reference; see Sec. 86.1).
    (b) Fleet average NOX value calculations, where 
applicable, must be rounded before comparing with the applicable fleet 
average standard and calculating credits generated or needed as follows: 
manufacturers must round to the same number of significant figures that 
are contained in the quantity of vehicles in the denominator of the 
equation used to compute the fleet average NOX emissions, but 
to no less than one more decimal place than that of the applicable fleet 
average standard.

[64 FR 23925, May 4, 1999, as amended at 65 FR 6864, Feb. 10, 2000]



Sec. 86.1838-01  Small volume manufacturer certification procedures.

    (a) 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 the general standards and specific emission requirements 
contained in this subpart.
    (b) Eligibility requirements--(1) Small volume manufacturers. (i) 
The optional small-volume manufacturers certification procedures apply 
to LDV/Ts and MDPVs produced by manufacturers with sales in all states 
and territories of the United States, including all vehicles and engines 
imported under provisions of 40 CFR 85.1505 and 85.1509 (for the model 
year in which certification is sought) of fewer than 15,000 units (LDV/
Ts, MDPVs, heavy-duty vehicles and heavy-duty engines combined).
    (ii) If the aggregated sales in all states and territories of the 
United States of the manufacturer, as determined in paragraph (b)(3) of 
this section are fewer than 15,000 units, the manufacturer (or each 
manufacturer in the case of manufacturers in an aggregated relationship) 
may certify under the provisions of paragraph (c) of this section.
    (2) Small volume test groups. (i) If the aggregated sales in all 
states and territories of the United States, as determined in paragraph 
(b)(3) of this section are equal to or greater than 15,000 units, then 
the manufacturer (or each manufacturer in the case of manufacturers in 
an aggregated relationship) will be allowed to certify a number of units 
under the small volume test group certification procedures in accordance 
with the criteria identified in paragraphs (b)(2)(ii) through (iv) of 
this section.
    (ii) If there are no additional manufacturers in an aggregated 
relationship meeting the provisions of paragraph (b)(3) of this section, 
then the manufacturer may certify whole test groups whose total 
aggregated sales (including heavy-duty engines) are less than 15,000 
units using the small volume provisions of paragraph (c) of this 
section.
    (iii) If there is an aggregated relationship with another 
manufacturer which satisfies the provisions of paragraph (b)(3) of this 
section, then the following provisions shall apply:
    (A) If none of the manufacturers own 50 percent or more of another 
manufacturer in the aggregated relationship, then each manufacturer may 
certify whole test groups whose total aggregated sales (including heavy-
duty engines) are less than 15,000 units using the small volume 
provisions of paragraph (c) of this section.
    (B) If any of the manufacturers own 50 percent or more of another 
manufacturer in the aggregated relationship, then the limit of 14,999 
units must be shared among the manufacturers in such a relationship. In 
total for all the manufacturers involved in such a relationship, 
aggregated sales (including heavy-duty engines) of up to 14,999 units 
may be certified using the small volume provisions of paragraph (c) of 
this section. Only whole test groups shall be eligible for small volume 
status under paragraph (c) of this section.

[[Page 480]]

    (iv) In the case of a joint venture arrangement (50/50 ownership) 
between two manufacturers, each manufacturer retains its eligibility for 
14,999 units under the small-volume test group certification procedures, 
but the joint venture must draw its maximum 14,999 units from the units 
allocated to its parent manufacturers. Only whole test groups shall be 
eligible for small volume status under paragraph (c) of this section.
    (3) Sales aggregation for related manufacturers. The projected or 
actual sales from different firms shall be aggregated in the following 
situations:
    (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.
    (c) Small-volume manufacturers and/or small volume test groups shall 
demonstrate compliance with the all applicable sections of this subpart 
except as provided in paragraphs (c)(1) and (2) of this section. Small 
volume manufacturers and/or test groups may optionally meet the 
following requirements:
    (1) Durability demonstration. Use the provisions of Sec. 86.1826-01 
rather than the requirements of Sec. Sec. 86.1823, 86.1824, and/or 
86.1825.
    (2) In-use verification testing. See Sec. 86.1845-01 for 
applicability of in-use verification testing to small volume 
manufacturers and small volume test groups except as noted in this 
paragraph (c)(2).
    (i) Small volume in-use verification test vehicles may be procured 
from customers or may be owned by, or under the control of the 
manufacturer, provided that the vehicle has accumulated mileage in 
typical operation on public streets and has received typical 
maintenance.
    (ii) In lieu of procuring small volume in-use verification test 
vehicles that have a minimum odometer reading of 50,000 miles, a 
manufacturer may demonstrate to the satisfaction of the Agency that, 
based on owner survey data, the average mileage accumulated after 4 
years for a given test group is less than 50,000 miles. The Agency may 
approve a lower minimum odometer reading based on such data.
    (iii) The provisions of Sec. Sec. 86.1845-01(c)(2) and 86.1845-
04(c)(2) that require one vehicle of each test group during high mileage 
in-use verification testing to have a minimum odometer mileage of 75 
percent of the full useful life mileage for Tier 1 and NLEV LDV/Ts, or 
90,000 (or 105,000) miles for Tier 2 and interim non-Tier 2 vehicles, do 
not apply.
    (iv) Manufacturers intending to use the provisions of paragraphs 
(c)(2)(i) or (ii) of this section shall submit to the Agency, prior to 
the certification of the subject vehicles, a plan detailing how these 
provisions will be met.

[64 FR 23925, May 4, 1999, as amended at 65 FR 6864, Feb. 10, 2000; 67 
FR 72826, Dec. 6, 2002; 71 FR 2836, Jan. 17, 2006]



Sec. 86.1839-01  Carryover of certification data.

    (a) In lieu of testing an emission-data or durability vehicle 
selected under Sec. 86.1822-01, Sec. 86.1828-01, or Sec. 86.1829-01, 
and submitting data therefrom, a manufacturer may submit exhaust 
emission data, evaporative emission data and/or refueling emission data, 
as applicable, on a similar vehicle for which certification has been 
obtained or for which all applicable data required under Sec. 86.1845-
01 has previously been submitted. To be eligible for this provision, the 
manufacturer must use good engineering judgment and meet the following 
criteria:
    (1) In the case of durability data, the manufacturer must determine 
that the previously generated durability data represent a worst case or 
equivalent rate of deterioration for all applicable emission 
constituents compared to the configuration selected for durability 
demonstration.

[[Page 481]]

    (i) Prior to certification, the Administrator may require the 
manufacturer to provide data showing that the distribution of catalyst 
temperatures of the selected durability configuration is effectively 
equivalent or lower than the distribution of catalyst temperatures of 
the vehicle configuration which is the source of the previously 
generated data.
    (ii) For the 2001, 2002, and 2003 model years only, paragraph (a)(1) 
of this section does not apply to the use of exhaust emission 
deterioration factors meeting the requirements of Sec. 86.1823-
01(c)(2).
    (2) In the case of emission data, the manufacturer must determine 
that the previously generated emissions data represent a worst case or 
equivalent level of emissions for all applicable emission constituents 
compared to the configuration selected for emission compliance 
demonstration.
    (b) In lieu of using newly aged hardware on an EDV as allowed under 
the provisions of Sec. 86.1823-08(f)(2), a manufacturer may use similar 
hardware aged for an EDV previously submitted, provided that the 
manufacturer determines that the previously aged hardware represents a 
worst case or equivalent rate of deterioration for all applicable 
emission constituents for durability demonstration.

[64 FR 23925, May 4, 1999, as amended at 71 FR 2836, Jan. 17, 2006]



Sec. 86.1840-01  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, or complete 
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, or complete 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. 86.1848(a)(2).
    (c) Manufacturers of vehicles equipped with periodically 
regenerating trap oxidizer systems must propose a procedure for testing 
and certifying such vehicles including SFTP testing for the review and 
approval of the Administrator. The manufacturer must submit its proposal 
before it begins any service accumulation or emission testing. The 
manufacturer must provide with its submittal, sufficient documentation 
and data for the Administrator to fully evaluate the operation of the 
trap oxidizer system and the proposed certification and testing 
procedure.
    (d) The provisions of paragraph (a) and (b) of this section also 
apply to MDPVs.

[65 FR 59976, Oct. 6, 2000, as amended at 71 FR 51488, Aug. 30, 2006]



Sec. 86.1841-01  Compliance with emission standards for the purpose of 

certification.

    (a) Certification levels of a test vehicle will be calculated for 
each emission constituent applicable to the test group for both full and 
intermediate useful life as appropriate.
    (1) If the durability demonstration procedure used by the 
manufacturer under the provisions of Sec. 86.1823, Sec. 86.1824, or 
Sec. 86.1825 requires a DF to be calculated, the DF shall be applied to 
the official test results determined in Sec. 86.1835-01(c) for each 
regulated emission constituent and for full and intermediate useful 
life, as appropriate, using the following procedures:
    (i) For additive DF's, the DF will be added to the emission result. 
The sum will be rounded to the same level of precision as the standard 
for the constituent at full and/or intermediate useful life, as 
appropriate. This rounded sum is the certification level for that 
emission constituent and for that useful life mileage.
    (ii) For multiplicative DFs, the DF will be multiplied by the 
emission result for each regulated constituent. The product will be 
rounded to the same level of precision as the standard for the 
constituent at full and intermediate useful life, as appropriate.

[[Page 482]]

This rounded product is the certification level for that emission 
constituent and for that useful life mileage.
    (iii) For the SFTP composite standard of NMHC+NOX, the 
measured results of NMHC and NOX must each be adjusted by 
their corresponding deterioration factors before the composite 
NMHC+NOX certification level is calculated. Where the 
applicable FTP exhaust hydrocarbon emission standard is an NMOG 
standard, the applicable NMOG deterioration factor must be used in place 
of the NMHC deterioration factor, unless otherwise approved by the 
Administrator.
    (2) If the durability demonstration procedure used by the 
manufacturer under the provisions of Sec. 86.1823, Sec. 86.1824, or 
Sec. 86.1825, as applicable, requires testing of the EDV with aged 
emission components, the official results of that testing determined 
under the provisions of Sec. 86.1835-01(c) shall be rounded to the same 
level of precision as the standard for each regulated constituent at 
full and intermediate useful life, as appropriate. This rounded emission 
value is the certification level for that emission constituent at that 
useful life mileage.
    (3) [Reserved]
    (4) The rounding required in paragraph (a) of this section shall be 
conducted in accordance with the provisions of Sec. 86.1837-01.
    (b) To be considered in compliance with the standards for the 
purposes of certification, the certification levels for the test vehicle 
calculated in paragraph (a) of this section shall be less than or equal 
to the standards for all emission constituents to which the test group 
is subject, at both full and intermediate useful life as appropriate for 
that test group.
    (c) Every test vehicle of a test group must comply with all 
applicable exhaust emission standards before that test group may be 
certified.
    (d) Every test vehicle of an evaporative/refueling family must 
comply with all applicable evaporative and/or refueling emission 
standards before that family may be certified.
    (e) Unless otherwise approved by the Administrator, manufacturers 
must not use Reactivity Adjustment Factors (RAFs) in their calculation 
of the certification level of any pollutant for any vehicle except for 
LDVs and LLDTs participating in the National Low Emission Vehicle (NLEV) 
program described in subpart R of this part, regardless of the fuel used 
in the test vehicle.

[64 FR 23925, May 4, 1999, as amended at 65 FR 6864, Feb. 10, 2000; 66 
FR 19310, Apr. 13, 2001; 71 FR 2836, Jan. 17, 2006]



Sec. 86.1842-01  Addition of a vehicle after certification; and changes to a 

vehicle covered by certification.

    (a) Addition of a car line after certification. (1) If a 
manufacturer proposes to add to its product line a new car line of the 
same test group as vehicles previously certified but which was not 
described in the application for certification when the test vehicle(s) 
representing other vehicles of that combination was certified, it shall 
notify the Administrator. This notification shall include a full 
description of the vehicle to be added.
    (2) The manufacturer shall perform such tests on the test vehicle(s) 
representing the vehicle to be added which would have been required if 
the vehicle had been included in the original application for 
certification.
    (3) If, after a review of the test reports and data submitted by the 
manufacturer, and data derived from any testing conducted under Sec. 
86.1835-01, 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) does not meet applicable standards, she/he will 
proceed under Sec. 86.1850-01.
    (b) Changes to the configuration of vehicles covered by a 
Certificate of Conformity. (1) A manufacturer will notify the 
Administrator concurrently with (or in advance of) any change or 
addition in production vehicles which creates a new vehicle 
configuration within the car lines covered in a certified test group, 
giving a full description of the change. Such a change is referred to as 
a running change. Upon notification, the manufacturer may begin 
production of the running change if the manufacturer determines that 
following the

[[Page 483]]

change all affected vehicles will still meet the applicable emission 
standards.
    (i) 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 in 
accordance with Sec. 86.1844-01.
    (ii) 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.
    (2) The Administrator may require that additional emission testing 
be performed to support the manufacturer's determination submitted in 
paragraph (b)(1) of this section. If additional testing is required the 
Administrator shall proceed in accordance with paragraph (a)(3) of this 
section. 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 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.
    (c) Election to produce vehicles under this section will be deemed 
to be a consent to recall all vehicles which the Administrator 
determines under paragraph (a) or (b) of this section do not meet 
applicable standards, and to cause such nonconformity to be remedied at 
no expense to the owner.



Sec. 86.1843-01  General information requirements.

    (a) A manufacturer must submit a separate Application for 
Certification (Application) for each durability group in a format 
approved by the Administrator and in multiple copies as designated by 
the Administrator. Any information within the Application which is 
unique to a specific test group must be submitted for each test group.
    (b) Any manufacturer that fails to comply with any information 
requirements of Sec. Sec. 86.1843-01 and 86.1844-01 may be subject to 
the following provisions:
    (1) The Application (Part 1 and Part 2) and any additional 
information as designated by the Administrator shall be submitted for 
all durability groups prior to certification for subsequent model years, 
until otherwise notified by the Administrator. The Application shall be 
updated concurrently with every running change.
    (2) Provisions of Sec. 86.1850-01 may be imposed.
    (3) Civil penalties and remedial action as applicable under the 
Clean Air Act may be imposed.
    (c) Part 1 of the Application. Part 1, which shall include the items 
listed in Sec. 86.1844-01(d), must be submitted to the Administrator 
before a certificate of conformity will be issued.
    (d) Part 2 of the Application. Part 2, which shall include the items 
listed in Sec. 86.1844-01(e), must be submitted to the Administrator by 
January 1st of the applicable model year. If a test group is certified 
less than 60 days prior to January 1st of the applicable model year, 
Part 2 must be submitted to the Administrator within 90 days of the 
effective date on the applicable certificate of conformity.
    (e) Running change submissions. Each running change notification, as 
required under Sec. 86.1842-01, must include the information listed in 
Sec. 86.1844-01(f) and shall be submitted to the Administrator 
concurrently with, or in advance of, the implementation of any change 
incorporated onto production vehicles.
    (f) Updates to the Application for Certification. (1) The 
manufacturer must submit an update to the Part 1 Application by January 
1st of the applicable model year to incorporate any running changes and/
or corrections which occurred after certification. If a test group is 
certified less than 60 days prior to January 1st of the applicable model 
year, this update may be submitted to the Administrator within 90 days 
of the effective date on the applicable certificate of conformity.
    (2) The manufacturer must submit a final update to Part 1 and Part 2 
of the Application by January 1st of the subsequent model year to 
incorporate any applicable running changes or corrections which occurred 
between January

[[Page 484]]

1st of the applicable model year and the end of the model year. A 
manufacturer may request the Administrator to grant an extension (of no 
more than 90 days) for submittal of the final update. The request must 
clearly indicate the circumstances necessitating the extension.
    (3) The manufacturer may not use updates to its application to 
correct a misbuild situation with respect to vehicles already introduced 
into commerce.
    (g) Information to be submitted upon request. Upon written request 
by the Administrator, a manufacturer shall submit any information as 
described in Sec. 86.1844-01 within 15 business days. A manufacturer 
may request the Administrator to grant an extension. The request must 
clearly indicate the circumstances necessitating the extension.
    (h) In-use information requirements. All information requirements of 
the in-use verification and confirmatory programs of Sec. Sec. 86.1845-
01 and 86.1846-01 must be met by the due dates listed in Sec. 86.1847-
01.



Sec. 86.1844-01  Information requirements: Application for certification and 

submittal of information upon request.

    (a) All information listed in this section must be submitted to the 
Agency according to the requirements specified in Sec. 86.1843-01.
    (b) Nothing in this section limits the Administrator's discretion to 
require the manufacturer to submit additional records not specifically 
required by this section.
    (c) 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. All records, other than 
routine emission test records, required to be produced by the 
manufacturer under this title shall be made available upon written 
request by the Administrator for a period of eight years after issuance 
of all certificates of conformity to which they relate.
    (d) Part 1 Application. Part 1 must contain the following items:
    (1) Correspondence and communication information, such as names, 
mailing addresses, phone and fax numbers, and e-mail addresses of all 
manufacturer representatives authorized to be in contact with EPA 
compliance staff. The address where official documents, such as 
certificates of conformity, are to be mailed must be clearly identified. 
At least one U.S. contact must be provided.
    (2) A description of the durability group in accordance with the 
criteria listed in Sec. 86.1820-01, or as otherwise used to group a 
product line.
    (3) A description of applicable evaporative/refueling families in 
accordance with the criteria listed in Sec. 86.1821-01, or as otherwise 
used to group a product line.
    (4) Durability information. (i) A description of the durability 
method used to establish useful life durability, including exhaust and 
evaporative/refueling emission deterioration factors as required in 
Sec. Sec. 86.1823, 86.1824 and 86.1825 when applicable.
    (ii) The equivalency factor required to be calculated in Sec. 1823-
06(e)(iii)(B), when applicable.
    (5) A description of each test group in accordance with the criteria 
listed in Sec. 86.1827-01 or as otherwise used to group a product line.
    (6) Identification and description of all vehicles for which testing 
is required by Sec. Sec. 86.1822-01 and 86.1828-01 to obtain a 
certificate of conformity.
    (7) A comprehensive list of all test results, including official 
certification levels, and the applicable intermediate and full useful 
life emission standards to which the test group is to be certified as 
required in Sec. 86.1829-01.
    (8) A statement that all applicable vehicles will conform with the 
emission standards for which emission data is not being provided, as 
allowed under Sec. 86.1829-01. The statement shall clearly identify the 
standards for which emission testing was not completed.
    (9) Information which describes each emission control diagnostic 
system required by Sec. 86.1806-01 including:
    (i) A description of the functional operation characteristics of the 
diagnostic system;

[[Page 485]]

    (ii) The general method of detecting malfunctions for each emission-
related powertrain component;
    (iii) Any deficiencies, including resolution plans and schedules.
    (10) A description of all flexible or dedicated alternate fuel 
vehicles including, but not limited to, the fuel and/or percentage of 
alternate fuel for all such vehicles.
    (11) A list of all auxiliary emission control devices (AECD) 
installed on any applicable vehicles, including a justification for each 
AECD, the parameters they sense and control, a detailed justification of 
each AECD which results in a reduction in effectiveness of the emission 
control system, and rationale for why the AECD is not a defeat device as 
defined under Sec. Sec. 86.1809-01 and 86.1809-10. For any AECD 
uniquely used at high altitudes, EPA may request engineering emission 
data to quantify any emission impact and validity of the AECD. For any 
AECD uniquely used on multi-fuel vehicles when operated on fuels other 
than gasoline, EPA may request engineering emission data to quantify any 
emission impact and validity of the AECD.
    (12) Identification and description of all vehicles covered by each 
certificate of conformity to be produced and sold within the U.S. The 
description must be sufficient to identify whether any given in-use 
vehicle is, or is not, covered by a given certificate of conformity, the 
test group and the evaporative/refueling family to which it belongs and 
the standards that are applicable to it, by matching readily observable 
vehicle characteristics and information given in the emission control 
information label (and other permanently attached labels) to indicators 
in the Part 1 Application. In addition, the description must be 
sufficient to determine for each vehicle covered by the certificate, all 
appropriate test parameters and any special test procedures necessary to 
conduct an official certification exhaust or evaporative emission test 
as was required by this subpart to demonstrate compliance with 
applicable emission standards. The description shall include, but is not 
limited to, information such as model name, vehicle classification 
(light-duty vehicle, light-duty truck, or complete heavy-duty vehicle), 
sales area, engine displacement, engine code, transmission type, tire 
size and parameters necessary to conduct exhaust emission tests such as 
equivalent test weight, curb and gross vehicle weight, test horsepower 
(with and without air conditioning adjustment), coast down time, shift 
schedules, cooling fan configuration, etc. and evaporative tests such as 
canister working capacity, canister bed volume and fuel temperature 
profile. The Part 1 may include ranges for test parameters in lieu of 
actual values.
    (13) Projected U.S. vehicle sales volumes for each test group and 
evaporative/refueling family combination organized in such a way to 
determine projected compliance with any applicable implementation 
schedules or minimum sales requirements as specified in Sec. 86.1810 or 
as otherwise required by this chapter.
    (14) A request for a certificate of conformity for each test group 
after all required testing has been completed. The request must be 
signed by an authorized manufacturer representative and include a 
statement that the test group complies with all applicable regulations 
contained within this chapter.
    (15) For HEVs, unless otherwise approved by the Administrator, the 
information required by the ``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'' must be 
supplied. These procedures are incorporated by reference (see Sec. 
86.1).
    (16) (i) For Tier 2 and interim non-Tier 2 vehicles beginning with 
the 2004 model year, a statement indicating that the manufacturer has 
conducted an engineering analysis of the complete exhaust system to 
ensure that the exhaust system has been designed:
    (A) To facilitate leak-free assembly, installation and operation for 
the full useful life of the vehicle; and
    (B) To facilitate that such repairs as might be necessary on a 
properly maintained and used vehicle can be performed in such a manner 
as to maintain leak-free operation, using tools

[[Page 486]]

commonly available in a motor vehicle dealership or independent repair 
shop for the full useful life of the vehicle.
    (ii) The analysis must cover the exhaust system and all related and 
attached components including the air injection system, if present, from 
the engine block manifold gasket surface to a point sufficiently past 
the last catalyst and oxygen sensor in the system to assure that leaks 
beyond that point will not permit air to reach the oxygen sensor or 
catalyst under normal operating conditions.
    (iii) A ``leak-free'' system is one in which leakage is controlled 
so that it will not lead to a failure of the certification exhaust 
emission standards in-use.
    (iv) The provisions of paragraphs (d)(16)(i) and (ii) do not apply 
to vehicles whose certification is carried over from the NLEV program or 
carried across from the Cal LEV I program.
    (17) 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.
    (e) Part 2 Application. Part 2 must contain the following items:
    (1) A list of part numbers of all emission-related components and 
AECDs for each emission control system, including those found on actual 
components. The part numbers shall be organized by engine code or other 
similar classification scheme.
    (2) Basic calibration information, organized by engine code (or 
other similar classification scheme), for the major components of the 
fuel system, EGR system, ignition system, oxygen sensor(s) and 
thermostat. Examples of major components and associated calibration 
information include, but are not limited to; fuel pump and fuel pump 
flow rate, fuel pressure regulator and regulated fuel pressure, EGR 
valve and EGR exhaust gas flow rate at specified vacuum levels, EGR 
vacuum regulator and regulated vacuum, EGR orifice and orifice diameter, 
basic engine timing, timing RPM, idle rpm, spark plug gap, oxygen sensor 
output (mV), and thermostat opening temperature.
    (3) Identification and description of all vehicles covered by each 
certificate of conformity to be produced and sold within the U.S. The 
description must be sufficient to identify whether any given in-use 
vehicle is, or is not, covered by a given certificate of conformity, the 
test group and the evaporative/refueling family to which it belongs and 
the standards that are applicable to it, by matching readily observable 
vehicle characteristics and information given in the emission control 
information label (and other permanently attached labels) to indicators 
in the Part 1 Application. In addition, the description must be 
sufficient to determine for each vehicle covered by the certificate, all 
appropriate test parameters and any special test procedures necessary to 
conduct an official certification exhaust or evaporative emission test 
as was required by this subpart to demonstrate compliance with 
applicable emission standards. The description shall include, but is not 
limited to, information such as model name, vehicle classification 
(light-duty vehicle, light-duty truck, or complete heavy-duty vehicle), 
sales area, engine displacement, engine code, transmission type, tire 
size and parameters necessary to conduct exhaust emission tests such as 
equivalent test weight, curb and gross vehicle weight, test horsepower 
(with and without air conditioning adjustment), coast down time, shift 
schedules, cooling fan configuration, etc and evaporative tests such as 
canister working capacity, canister bed volume and fuel temperature 
profile. Actual values must be provided for all parameters.
    (4) Final U.S. vehicle sales volumes for each test group and 
evaporative/refueling family combination organized in such a way to 
verify compliance with any applicable implementation schedules. Final 
sales are not required until the final update to the Part 2 Application 
at the end of the model year.
    (i) 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. 
The petition must establish that production volume is functionally 
equivalent to sales volume.

[[Page 487]]

    (ii) The U.S. sales volume 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.
    (5) Copies of all service manuals, service bulletins and 
instructions regarding the use, repair, adjustment, maintenance, or 
testing of such vehicles relevant to the control of crankcase, exhaust 
or evaporative emissions, as applicable, issued by the manufacturer (in 
written or electronic form) for use by other manufacturers, assembly 
plants, distributors, dealers, and ultimate purchasers. These shall be 
submitted to the Agency when they are made available to the public and 
must be updated as appropriate throughout the useful life of the 
corresponding vehicles.
    (6) The NMOG/NMHC and HCHO to NMHC ratios established according to 
Sec. 86.1845-04.
    (f) Running change submissions. A manufacturer shall submit to the 
Administrator a notification of all running changes as required in 
accordance with Sec. Sec. 86.1842-01 and 86.1843-01 at the time each 
change is incorporated into production. Each running change notification 
shall include:
    (1) A detailed description of the change;
    (2) The reason for the change;
    (3) The portion of the product line that is affected by the change, 
including information sufficient to identify whether any given in-use 
vehicle includes the change;
    (4) The effect the change will have on emissions;
    (5) Any test data that is determined to be necessary to demonstrate 
compliance with applicable emission standards; and
    (6) A summary report for each test group which provides an overview 
of all running changes that have been incorporated since certification.
    (g) The manufacturer shall provide the following information, or 
other information as deemed necessary by the Administrator, to the 
Agency upon written request by the Administrator. This includes any 
information, or explanations of such information specified in paragraphs 
(d), (e), and (f) of this section.
    (1) A detailed description of the basis for all good engineering 
judgment decisions that were required to be made by the manufacturer. 
These include, but are not limited to, placement of vehicles into 
durability and test groups, the appropriateness of a durability process 
for future model years, worst-case vehicle selections for durability and 
emission data purposes, and carry-over or carry-across of emission test 
data.
    (2) The basis used for all compliance statements submitted under 
this section. Each statement must be supported by the manufacturer using 
good engineering judgment and should include any emission test data, 
development test data, or other supporting information deemed necessary. 
This includes information necessary to demonstrate compliance with any 
emission standards for which a compliance statement was submitted in 
lieu of actual emission test data as allowed under Sec. 86.1810.
    (3) Detailed technical descriptions of emission-related components 
and AECDs, including schematic diagrams and hose and wire routings which 
describe the fundamental operating characteristics of each emission 
control system.
    (4) Detailed calibration specifications for all emission-related 
components and AECDs.
    (5) Any information necessary to demonstrate that no defeat devices 
are present on any vehicles covered by a certificate including, but not 
limited to, a description of the technology employed to control CO 
emissions at intermediate temperatures, as applicable.
    (6) The following information describing any adjustable parameters:
    (i) 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;
    (ii) 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;

[[Page 488]]

    (iii) 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;
    (iv) The nominal or recommended setting, and the associated 
production tolerances, for each such parameter;
    (v) The specifications used during all emission testing required by 
this subpart.
    (7) A history of each motor vehicle used for certification testing, 
including a general description of the buildup of the vehicle and 
engine. Each history shall begin when any of the selection or buildup 
activities occur and should include details of the use of the vehicle 
for development testing. Each history must include a description of the 
origin and selection process for fuel system components, fuel injection 
components and emission control system components and specify the steps 
taken to assure that the certification vehicle will be representative of 
production vehicles.
    (8) A record of all emission tests performed on all durability and 
emission data vehicles required to be tested by this subpart including 
test results, the date and purpose of each test, and the number of miles 
accumulated on the vehicle.
    (9) A record and description of any significant events (including 
extraordinary events such as vehicle accidents or dynamometer runaway) 
affecting any certification test vehicle, including all maintenance, 
servicing or tests performed to diagnose engine or emission control 
system performance. The date and time of each event and an explanation 
must be included.
    (10) For vehicles with non-integrated refueling emission control 
systems, a description of the drivedown used to purge the refueling 
canister and a description of the procedures used to determine the 
number of equivalent UDDS cycles required to purge the refueling 
canisters, as determined from the fuel economy on the UDDS applicable to 
the test vehicle of that evaporative/refueling family and emission 
control system combination required to use a volume of fuel equal to 85% 
of fuel tank volume and from subpart B of this part.
    (11) A description of all procedures, including any special 
procedures, used to comply with applicable test requirements of this 
subpart. Any special procedures used to establish durability data or 
emission deterioration factors required to be determined under 
Sec. Sec. 86.1823-01, 86.1824-01 and 86.1825-01 and to conduct emission 
tests required to be performed on applicable emission data vehicles 
under Sec. 86.1829-01 according to test procedures contained within 
this Title must also be included.
    (12) A description of any unique procedures required to perform 
evaporative/refueling emission tests for all vehicles in each 
evaporative/refueling family and a description of the method used to 
develop those unique procedures, including canister working capacity, 
canister bed volume and fuel temperature profile for the running loss 
test.
    (13) A description of the method to be used to decode vehicle 
identification numbers.
    (14) For complete heavy-duty vehicles only, all hardware (including 
scan tools) and 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 anyway 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 
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

[[Page 489]]

such as start of injection in degree's before top-dead center, fueling 
rates in cubic centimeters per stroke, vehicle speed in milers per hour 
or per kilometer.
    (h) In-use information requirements. Manufacturers must submit the 
information required in Sec. 86.1847-01.
    (i) For exhaust emission testing for Tier 2 and interim non-Tier 2 
vehicles, if approved by the Administrator in advance, manufacturers may 
submit exhaust emission test data generated under California test 
procedures to comply with any certification and in-use testing 
requirements under this subpart. The Administrator may require 
supporting information to establish that differences between California 
and Federal exhaust testing procedures and fuels will not produce 
significant differences in emission results. The Administrator may 
require that in-use testing be performed using Federal test fuels as 
specified in Sec. 86.113-04(a)(1).

[64 FR 23925, May 4, 1999, as amended at 65 FR 6865, Feb. 10, 2000; 65 
FR 59976, Oct. 6, 2000; 71 FR 2837, Jan. 17, 2006; 71 FR 51489, Aug. 30, 
2006; 72 FR 8566, Feb. 26, 2007]



Sec. 86.1845-01  Manufacturer in-use verification testing requirements.

    (a) General requirements. A manufacturer light-duty vehicles, light-
duty trucks, and complete heavy-duty vehicles shall test, or cause to 
have tested a specified number of light-duty vehicles, light-duty 
trucks, and complete heavy-duty vehicles. Such testing shall be 
conducted in accordance with the provisions of this section. For 
purposes of this section, the term vehicle shall include light-duty 
vehicles, light-duty trucks, and complete heavy-duty vehicles.
    (b) Low mileage testing. [Reserved]
    (c) High-mileage testing--(1) Test groups. Testing must be conducted 
for each test group.
    (2) Vehicle mileage. All test vehicles must have a minimum odometer 
mileage of 50,000 miles. At least one vehicle of each test group must 
have a minimum odometer mileage of 75% of useful life. See Sec. 
86.1838-01(c)(2) for small volume manufacturer mileage requirements.
    (3) Number of test vehicles. For each test group, the minimum number 
of vehicles that must be tested is specified in Table S01-06 and Table 
S01-07 of this paragraph (c)(3). After testing the minimum number of 
vehicles of a specific test group as specified in Table S01-06 and Table 
S01-07 of this paragraph (c)(3), a manufacturer may test additional 
vehicles upon request and approval by the Agency prior to the initiation 
of the additional testing. Any additional testing must be completed 
within the testing completion requirements shown in Sec. 86.1845-
01(c)(4). The request and Agency approval (if any) shall apply to test 
groups on a case by case basis and apply only to testing under this 
paragraph. In addition to the testing specified in Table S01-06 and 
Table S02-07 of this paragraph (c)(3), a manufacturer shall test one 
vehicle from each evaporative/refueling family for evaporative/refueling 
emissions. If a manufacturer believes it is unable to procure the test 
vehicles necessary to test the required number of vehicles in a test 
group as specified in Table S01-06 or Table S01-07 of this paragraph 
(c)(3), the manufacturer may request, subject to Administrator approval, 
a decreased sample size for that test group. The request shall include a 
description of the methods the manufacturer has used to procure the 
required number of vehicles. The approval of any such request, and the 
substitution of an alternative sample size requirement for the test 
group, will be based on a review of the procurement efforts made by the 
manufacturer to determine if all reasonable steps have been taken to 
procure the required test group size. Tables S01-06 and S01-07 follow:

                Table S01-06--Small Volume Manufacturers
------------------------------------------------------------------------
  49 and 50 State total sales \1\          1-5000           5001-14,999
------------------------------------------------------------------------
High Mileage......................  Voluntary...........               2
------------------------------------------------------------------------
\1\ Manufacturer's total annual sales.


[[Page 490]]


                                    Table S01-07--Large Volume Manufacturers
----------------------------------------------------------------------------------------------------------------
  49 and 50 State annual sales                      5001-14,999    1-50,000
              \1\                    1-5000 \2\         \2\          \3\      50,001-250,000  250,000
----------------------------------------------------------------------------------------------------------------
High Mileage...................  Voluntary........            2            4              5                 6
----------------------------------------------------------------------------------------------------------------
\1\ Sales by test group.
\2\ Total annual production of groups eligible for testing under small volume sampling plan is capped at a
  maximum of 14,999 vehicle 49 or 50 state annual sales, or a maximum of 4,500 vehicle California only sales per
  model year, per large volume manufacturer.
\3\ Sampling plan applies to all of a manufacturer's remaining groups in this sales volume category when the
  maximum annual cap on total sales of small groups eligible for the small volume sampling plan is exceeded.

    (4) Initiation and completion of testing. Testing of a test group 
(or evaporative refueling family) must commence within 4 years of the 
end of production of the test group (or evaporative/refueling family) 
and be completed within 5 years of the end of production of the test 
group (or evaporative/refueling family).
    (5) Emission testing. (i) Each test vehicle shall be tested in 
accordance with the Federal Test Procedure and the US06 portion of the 
Supplemental Federal Test Procedure as described in subpart B of this 
part, when such test vehicle is tested for compliance with applicable 
exhaust emission standards under this subpart. The US06 portion of the 
SFTP is not required to be performed on vehicles certified in accordance 
with the National LEV provisions of subpart R of this part. One test 
vehicle from each test group shall receive a Federal Test Procedure at 
high altitude. The test vehicle tested at high altitude is not required 
to be one of the same test vehicles tested at low altitude. The test 
vehicle tested at high altitude is counted when determining the 
compliance with the requirements shown in Table S01-06 and Table S01-07 
in paragraph (c)(3) of this section or the expanded sample size as 
provided for in this paragraph (c).
    (ii) For non-gaseous fueled vehicles, one test vehicle of each 
evaporative/refueling family shall be tested in accordance with the 
supplemental 2-diurnal-plus-hot-soak evaporative emission and refueling 
emission procedures described in subpart B of this part, when such test 
vehicle is tested for compliance with applicable evaporative emission 
and refueling standards under this subpart. For gaseous fueled vehicles, 
one test vehicle of each evaporative/refueling family shall be tested in 
accordance with the 3-diurnal-plus-hot-soak evaporative emission and 
refueling emission procedures described in subpart B of this part, when 
such test vehicle is tested for compliance with applicable evaporative 
emission and refueling standards under this subpart. The test vehicles 
tested to fulfill the evaporative/refueling testing requirement of this 
paragraph (c)(5)(ii) will be counted when determining compliance with 
the minimum number of vehicles as specified in Table S01-06 and Table 
S01-07 in paragraph (c)(3) of this section for testing under paragraph 
(c)(5)(i) of this section only if the vehicle is also tested for exhaust 
emissions under the requirements of paragraph (c)(5)(i) of this section.
    (6) Each test vehicle not rejected based on the criteria specified 
in appendix II to this subpart shall be tested in as-received condition.
    (7) A manufacturer may conduct subsequent diagnostic maintenance 
and/or testing on any vehicle. Any such maintenance and/or testing shall 
be reported to the Agency as specified in Sec. 86.1847-01.
    (d) Test vehicle procurement. (1) Vehicles tested under this section 
shall be procured pursuant to the provisions of this paragraph (d). 
Vehicles shall be procured from the group of persons who own or lease 
vehicles registered in the procurement area.
    (2) Vehicles shall be procured from persons which own or lease the 
vehicle, excluding commercial owners/lessees which are owned or 
controlled by the vehicle manufacturer, using the procedures described 
in appendix I to this subpart. See Sec. 86.1838(c)(2)(i) for small 
volume manufacturer requirements.
    (3) Geographical limitations. (i) Test groups certified to 50-state 
standards: For low altitude testing no more than fifty percent of the 
test vehicles may be procured from California. The test

[[Page 491]]

vehicles procured from the 49 state area must be procured from a 
location with a heating degree day 30 year annual average equal to or 
greater than 4000.
    (ii) Test groups certified to 49 state standards: The test vehicles 
procured from the 49 state area must be procured from a location with a 
heating degree day 30 year annual average equal to or greater than 4000.
    (iii) Vehicles procured for high altitude testing may be procured 
from any area located above 4000 feet.
    (4) Vehicles may be rejected for procurement or testing under this 
section if they meet one or more of the rejection criteria in appendix 
II of this subpart. Vehicles may also be rejected after testing under 
this section if they meet one or more of the rejection criteria in 
appendix II of this subpart. Any vehicle rejected after testing must be 
replaced in order that the number of test vehicles in the sample comply 
with the sample size requirements of this section. Any post-test vehicle 
rejection and replacement procurement and testing must take place within 
the testing completion requirements of this section.
    (e) Testing facilities, procedures, quality assurance and quality 
control--(1) Lab equipment and procedural requirements. The manufacturer 
shall utilize a test laboratory that is in accordance with the equipment 
and procedural requirements of subpart B to conduct the testing required 
by this section.
    (2) The manufacturer shall notify the Agency of the name and 
location of the testing laboratory(s) to be used to conduct testing of 
vehicles of each model year conducted pursuant to this section. Such 
notification shall occur at least thirty working days prior to the 
initiation of testing of the vehicles of that model year.
    (3) Correlation. The manufacturer shall document correlation 
traceable to the Environmental Protection Agency's National Vehicle and 
Fuel Emission Laboratory for its test laboratory utilized to conduct the 
testing required by this section.

[64 FR 23925, May 4, 1999, as amended at 65 FR 59977, Oct. 6, 2000; 70 
FR 72929, Dec. 8, 2005]



Sec. 86.1845-04  Manufacturer in-use verification testing requirements.

    (a) General requirements. (1) A manufacturer of LDVs, LDTs, MDPVs 
and/or complete HDVs must test, or cause to have tested, a specified 
number of LDVs, LDTs, MDPVs and complete HDVs. Such testing must be 
conducted in accordance with the provisions of this section. For 
purposes of this section, the term vehicle includes light-duty vehicles, 
light-duty trucks and medium-duty vehicles.
    (2) Unless otherwise approved by the Administrator, no emission 
measurements made under the requirements of this section may be adjusted 
by Reactivity Adjustment Factors (RAFs).
    (3) Upon a manufacturer's written request, prior to in-use testing, 
that presents information to EPA regarding pre-conditioning procedures 
designed solely to remove the effects of high sulfur in gasoline from 
vehicles produced through the 2007 model year, EPA will consider 
allowing such procedures on a case-by-case basis. EPA's decision will 
apply to manufacturer in-use testing conducted under this section and to 
any in-use testing conducted by EPA. Such procedures are not available 
for complete HDVs. After the 2007 model year, this provision can be used 
only for in-use vehicles in American Samoa, Guam, and the Commonwealth 
of the Northern Mariana Islands, but this provision only can be used for 
such vehicles in any of those locations if low sulfur gasoline is 
determined by the Administrator to be unavailable in that specific 
location.
    (b) Low-mileage testing--(1) Test groups. Testing must be conducted 
for each test group.
    (2) Vehicle mileage. All test vehicles must have a minimum odometer 
mileage of 10,000 miles.
    (3) Number of test vehicles. For each test group, the minimum number 
of vehicles that must be tested is specified in Table S04-06 and Table 
S04-07 of this paragraph (b)(3). After testing the minimum number of 
vehicles of a specific test group as specified in Table S04-06 or S04-07 
of this paragraph (b)(3), a manufacturer may test additional vehicles 
upon request and approval by the Agency prior to the initiation of the 
additional testing. Any additional

[[Page 492]]

testing must be completed within the testing completion requirements 
shown in Sec. 86.1845-04(b)(4). The request and Agency approval (if 
any) shall apply to test groups on a case by case basis and apply only 
to testing under this paragraph. Separate approval will be required to 
test additional vehicles under paragraph (c) of this section. In 
addition to the testing specified in Table S04-06 and Table S04-07 of 
this paragraph (b)(3), a manufacturer shall test one vehicle from each 
evaporative/refueling family for evaporative/refueling emissions. If a 
manufacturer believes it is unable to procure the test vehicles 
necessary to test the required number of vehicles in a test group, the 
manufacturer may request, subject to Administrator approval, a decreased 
sample size for that test group. The request shall include a description 
of the methods the manufacturer has used to procure the required number 
of vehicles. The approval of any such request, and the substitution of 
an alternative sample size requirement for the test group, will be based 
on a review of the procurement efforts made by the manufacturer to 
determine if all reasonable steps have been taken to procure the 
required test group size. Tables S04-06 and S04-07 follow:

                Table S04-06--Small Volume Manufacturers
------------------------------------------------------------------------
  49 and 50 State total sales \1\          1-5000           5001-14,999
------------------------------------------------------------------------
Low Mileage.......................  Voluntary...........               0
High Mileage......................  Voluntary...........               2
------------------------------------------------------------------------
\1\ Manufacturer's total annual sales.


                                    Table S04-07--Large Volume Manufacturers
----------------------------------------------------------------------------------------------------------------
  49 and 50 State annual sales                      5001-14,999    1-50,000
              \1\                    1-5000 \2\         \2\          \3\      50,001-250,000  250,000
----------------------------------------------------------------------------------------------------------------
Low Mileage....................  Voluntary........            0            2              3                 4
High Mileage...................  Voluntary........            2            4              5                 6
----------------------------------------------------------------------------------------------------------------
\1\ Sales by test group.
\2\ Total annual production of groups eligible for testing under small volume sampling plan is capped at a
  maximum of 14,999 vehicle 49 or 50 state annual sales, or a maximum of 4,500 vehicle California only sales per
  model year, per large volume manufacturer.
\3\ Sampling plan applies to all of a manufacturer's remaining groups in this sales volume category when the
  maximum annual cap on total sales of small groups eligible for the small volume sampling plan is exceeded.

    (4) Completion of testing. Testing of the vehicles in a test group 
and evaporative/refueling family must be completed within one year of 
the end of production of that test group (or evaporative/refueling 
family) for that model year.
    (5) Emission testing. (i) Each test vehicle of a test group shall be 
tested in accordance with the Federal Test Procedure and the US06 
portion of the Supplemental Federal Test Procedure as described in 
subpart B of this part, when such test vehicle is tested for compliance 
with applicable exhaust emission standards under this subpart.
    (ii) For non-gaseous fueled vehicles, one test vehicle of each 
evaporative/refueling family shall be tested in accordance with the 
supplemental 2-diurnal-plus-hot-soak evaporative emission and refueling 
emission procedures described in subpart B of this part, when such test 
vehicle is tested for compliance with applicable evaporative emission 
and refueling standards under this subpart. For gaseous fueled vehicles, 
one test vehicle of each evaporative/refueling family shall be tested in 
accordance with the 3-diurnal-plus-hot-soak evaporative emission and 
refueling emission procedures described in subpart B of this part, when 
such test vehicle is tested for compliance with applicable evaporative 
emission and refueling standards under this subpart. The test vehicles 
tested to fulfill the evaporative/refueling testing requirement of this 
paragraph (b)(5)(ii) will be counted when determining compliance with 
the minimum number of vehicles as specified in Table S04-06 and Table 
S04-07 in paragraph (b)(3) of this section for testing under paragraph

[[Page 493]]

(b)(5)(i) of this section only if the vehicle is also tested for exhaust 
emissions under the requirements of paragraph (b)(5)(i) of this section.
    (6) Each test vehicle not rejected based on the criteria specified 
in appendix II to this subpart shall be tested in as-received condition.
    (7) A manufacturer may conduct subsequent diagnostic maintenance 
and/or testing of any vehicle. Any such maintenance and/or testing shall 
be reported to the Agency as specified in Sec. 86.1847-01.
    (c) High-mileage testing--(1) Test groups. Testing must be conducted 
for each test group.
    (2) Vehicle mileage:
    (i) All test vehicles must have a minimum odometer mileage of 50,000 
miles. At least one vehicle of each test group must have a minimum 
odometer mileage of 75 percent of the full useful life mileage. See 
Sec. 86.1838-01(c)(2) for small volume manufacturer mileage 
requirements; or
    (ii) For engine families certified for a useful life of 150,000 
miles, at least one vehicle must have a minimum odometer mileage of 
105,000 miles. See Sec. 86.1838-01(c)(2) for small volume manufacturer 
mileage requirements.
    (3) Number of test vehicles. For each test group, the minimum number 
of vehicles that must be tested is specified in Table S04-06 and Table 
S04-07 in paragraph (b)(3) of this section. After testing the minimum 
number of vehicles of a specific test group as specified in Table S04-06 
and Table S04-07 in paragraph (b)(3) of this section, a manufacturer may 
test additional vehicles upon request and approval by the Agency prior 
to the initiation of the additional testing. Any additional testing must 
be completed within the testing completion requirements shown in Sec. 
86.1845-04(c)(4). The request and Agency approval (if any) shall apply 
to test groups on a case by case basis and apply only to testing under 
this paragraph (c). In addition to the testing specified in Table S04-06 
and Table S04-07 in paragraph (b)(3) of this section, a manufacturer 
shall test one vehicle from each evaporative/refueling family for 
evaporative/refueling emissions. If a manufacturer believes it is unable 
to procure the test vehicles necessary to test the required number of 
vehicles in a test group as specified in Table S04-06 or Table S04-07 in 
paragraph (b)(3) of this section, the manufacturer may request, subject 
to Administrator approval, a decreased sample size for that test group. 
The request shall include a description of the methods the manufacturer 
has used to procure the required number of vehicles. The approval of any 
such request, and the substitution of an alternative sample size 
requirement for the test group, will be based on a review of the 
procurement efforts made by the manufacturer to determine if all 
reasonable steps have been taken to procure the required test group 
size.
    (4) Initiation and completion of testing. Testing of a test group 
(or evaporative refueling family) must commence within 4 years of the 
end of production of the test group (or evaporative/refueling family) 
and be completed within 5 years of the end of production of the test 
group (or evaporative/refueling family).
    (5) Emission testing. (i) Each test vehicle shall be tested in 
accordance with the Federal Test Procedure and the US06 portion of the 
Supplemental Federal Test Procedure as described in subpart B of this 
part, when such test vehicle is tested for compliance with applicable 
exhaust emission standards under this subpart. The US06 portion of the 
SFTP is not required to be performed on vehicles certified in accordance 
with the National LEV provisions of subpart R of this part. One test 
vehicle from each test group shall receive a Federal Test Procedure at 
high altitude. The test vehicle tested at high altitude is not required 
to be one of the same test vehicles tested at low altitude. The test 
vehicle tested at high altitude is counted when determining the 
compliance with the requirements shown in Table S04-06 and Table S04-07 
in paragraph (b)(3) of this section or the expanded sample size as 
provided for in this paragraph (c).
    (ii) For non-gaseous fueled vehicles, one test vehicle of each 
evaporative/refueling family shall be tested in accordance with the 
supplemental 2-diurnal-plus-hot-soak evaporative emission procedures 
described in subpart B of this part, when such test vehicle is

[[Page 494]]

tested for compliance with applicable evaporative emission and refueling 
standards under this subpart. For gaseous fueled vehicles, one test 
vehicle of each evaporative/refueling family shall be tested in 
accordance with the 3-diurnal-plus-hot-soak evaporative emission 
procedures described in subpart B of this part, when such test vehicle 
is tested for compliance with applicable evaporative emission and 
refueling standards under this subpart. The test vehicles tested to 
fulfill the evaporative/refueling testing requirement of this paragraph 
(b)(5)(ii) will be counted when determining compliance with the minimum 
number of vehicles as specified in Table S04-06 and table S04-07 in 
paragraph (b)(3) of this section for testing under paragraph (b)(5)(i) 
of this section only if the vehicle is also tested for exhaust emissions 
under the requirements of paragraph (b)(5)(i) of this section.
    (6) Each test vehicle not rejected based on the criteria specified 
in appendix II to this subpart shall be tested in as-received condition.
    (7) A manufacturer may conduct subsequent diagnostic maintenance 
and/or testing on any vehicle. Any such maintenance and/or testing shall 
be reported to the Agency as specified in Sec. 86.1847-01.
    (d) Test vehicle procurement. (1) Vehicles tested under this section 
shall be procured pursuant to the provisions of this paragraph (d). 
Vehicles shall be procured from the group of persons who own or lease 
vehicles registered in the procurement area.
    (2) Vehicles shall be procured from persons which own or lease the 
vehicle, excluding commercial owners/lessees which are owned or 
controlled by the vehicle manufacturer, using the procedures described 
in appendix I to this subpart. See Sec. 86.1838(c)(2)(i) for small 
volume manufacturer requirements.
    (3) Geographical limitations. (i) Test groups certified to 50-state 
standards: For low altitude testing no more than fifty percent of the 
test vehicles may be procured from California. The test vehicles 
procured from the 49 state area must be procured from a location with a 
heating degree day 30 year annual average equal to or greater than 4000.
    (ii) Test groups certified to 49 state standards: The test vehicles 
procured from the 49 state area must be procured from a location with a 
heating degree day 30 year annual average equal to or greater than 4000.
    (iii) Vehicles procured for high altitude testing may be procured 
from any area located above 4000 feet.
    (4) Vehicles may be rejected for procurement or testing under this 
section if they meet one or more of the rejection criteria in appendix 
II to this subpart. Vehicles may also be rejected after testing under 
this section if they meet one or more of the rejection criteria in 
appendix II to this subpart. Any vehicle rejected after testing must be 
replaced in order that the number of test vehicles in the sample comply 
with the sample size requirements of this section. Any post-test vehicle 
rejection and replacement procurement and testing must take place within 
the testing completion requirements of this section.
    (e) Testing facilities, procedures, quality assurance and quality 
control--(1) Lab equipment and procedural requirements. The manufacturer 
shall utilize a test laboratory that is in accordance with the equipment 
and procedural requirements of subpart B of this part to conduct the 
testing required by this section.
    (2) The manufacturer shall notify the Agency of the name and 
location of the testing laboratory(s) to be used to conduct testing of 
vehicles of each model year conducted pursuant to this section. Such 
notification shall occur at least thirty working days prior to the 
initiation of testing of the vehicles of that model year.
    (3) Correlation. The manufacturer shall document correlation 
traceable to the Environmental Protection Agency's National Vehicle and 
Fuel Emission Laboratory for its test laboratory utilized to conduct the 
testing required by this section.
    (f)(1) A manufacturer may conduct in-use testing on a test group by 
measuring NMHC exhaust emissions rather than NMOG exhaust emissions. The 
measured NMHC exhaust emissions must be multiplied by the adjustment 
factor used for certification of the test group, or another adjustment 
factor

[[Page 495]]

acceptable to the Administrator, to determine the equivalent NMOG 
exhaust emission values for the test vehicle. The equivalent NMOG 
exhaust emission value must be used in place of the measured NMHC 
exhaust emission value in determining the exhaust NMOG results. The 
equivalent NMOG exhaust emission values must be compared to the NMOG 
exhaust emission standard from the emission bin to which the test group 
was certified.
    (2) For flexible-fueled LDVs, LDTs and MDPVs certified to NMOG 
standards, the manufacturer may request from the Administrator the use 
of a methanol (M85) or ethanol (E85) NMOG exhaust emission to gasoline 
NMHC exhaust emission ratio which must be established during 
certification for each emission data vehicle for the applicable test 
group. The results must be submitted to the Administrator in the Part II 
application for certification. After approval by the Administrator, the 
measured gasoline NMHC exhaust emissions must be multiplied by the M85 
or E85 NMOG to gasoline NMHC ratio submitted in the application for 
certification for the test group to determine the equivalent NMOG 
exhaust emission values for the test vehicle. The equivalent NMOG 
exhaust emission value must be used in place of the measured NMOG 
exhaust emission value in determining the exhaust NMOG results. The 
equivalent NMOG exhaust emission values must be compared to the NMOG 
exhaust emission standard from the vehicle emission standard bin to 
which the test group was certified.
    (3) If the manufacturer measures NMOG it must also measure and 
report HCHO emissions. As an alternative to measuring the HCHO content, 
if the manufacturer measures NMHC as permitted in paragraph (f)(1) of 
this section, the Administrator may approve, upon submission of 
supporting data by a manufacturer, the use of HCHO to NMHC ratios. To 
request the use of HCHO to NMHC ratios, the manufacturer must establish 
during certification testing the ratio of measured HCHO exhaust 
emissions to measured NMHC exhaust emissions for each emission data 
vehicle for the applicable test group. The results must be submitted to 
the Administrator with the Part II application for certification. 
Following approval of the application for certification, the 
manufacturer may conduct in-use testing on the test group by measuring 
NMHC exhaust emissions rather than HCHO exhaust emissions. The measured 
NMHC exhaust emissions must be multiplied by the HCHO to NMHC ratio 
submitted in the application for certification for the test group to 
determine the equivalent HCHO exhaust emission values for the test 
vehicle. The equivalent HCHO exhaust emission values must be compared to 
the HCHO exhaust emission standard applicable to the test group.

[64 FR 23925, May 4, 1999, as amended at 65 FR 6865, Feb. 10, 2000; 65 
FR 59977, Oct. 6, 2000; 66 FR 19310, Apr. 13, 2001; 70 FR 72929, Dec. 8, 
2005; 71 FR 78094, Dec. 28, 2006]



Sec. 86.1846-01  Manufacturer in-use confirmatory testing requirements.

    (a) General requirements. (1) A manufacturer of LDVs, LDTs and/or 
MDPVs must test, or cause testing to be conducted, under this section 
when the emission levels shown by a test group sample from testing under 
Sec. Sec. 86.1845-01 or 86.1845-04, as applicable, exceeds the criteria 
specified in paragraph (b) of this section. The testing required under 
this section applies separately to each test group and at each test 
point (low and high mileage) that meets the specified criteria. The 
testing requirements apply separately for each model year starting with 
model year 2001. These provisions do not apply to heavy-duty vehicles or 
engines prior to the 2007 model year.
    (2) Except for vehicles certified under the NLEV provisions of 
subpart R of this part or unless otherwise approved by the 
Administrator, no emission measurements made under the requirements of 
this section may be adjusted by Reactivity Adjustment Factors (RAFs).
    (3) For purposes of this section, the term vehicle includes light-
duty vehicles, light-duty trucks and medium-duty passenger vehicles.
    (4) Upon a manufacturer's written request, prior to in-use testing, 
that presents information to EPA regarding pre-conditioning procedures 
designed

[[Page 496]]

solely to remove the effects of high sulfur in gasoline from vehicles 
produced through the 2007 model year, EPA will consider allowing such 
procedures on a case-by-case basis. EPA's decision will apply to 
manufacturer in-use testing conducted under this section and to any in-
use testing conducted by EPA. This provision does not apply to heavy-
duty vehicles and engines. After the 2007 model year, this provision can 
be used only for in-use vehicles in American Samoa, Guam, and the 
Commonwealth of the Northern Mariana Islands, but this provision only 
can be used for such vehicles in any of those locations if low sulfur 
gasoline is determined by the Administrator to be unavailable in that 
specific location.
    (b) Criteria for additional testing. A manufacturer shall test a 
test group or a subset of a test group as described in paragraph (j) of 
this section when the results from testing conducted under Sec. Sec. 
86.1845-01 and 86.1845-04, as applicable, show mean emissions for that 
test group of any pollutant(s) to be equal to or greater than 1.30 times 
the applicable in-use standard and a failure rate, among the test group 
vehicles, for the corresponding pollutant(s) of fifty percent or 
greater.
    (1) This requirement does not apply to Supplemental FTP testing 
conducted under Sec. 86.1845-04(b)(5)(i) or evaporative/refueling 
testing conducted under Sec. 86.1845-01 or Sec. 86.1845-04. Testing 
conducted at high altitude under the requirements of Sec. Sec. 86.1845-
01 and 86.1845-04 will be included in determining if a test group meets 
the criteria triggering testing required under this section.
    (2) The vehicle tested under the requirements of Sec. 86.1845-
01(c)(2) or Sec. 86.1845-04(c)(2) with a minimum odometer miles of 75% 
of useful life will not be included in determining if a test group meets 
the triggering criteria.
    (3) The SFTP composite emission levels shall include the IUVP FTP 
emissions, the IUVP US06 emissions, and the values from the SC03 Air 
Conditioning EDV certification test (without DFs applied). The 
calculations shall be made using the equations prescribed in Sec. 
86.164-01. If more than one set of certification SC03 data exists (due 
to running change testing or other reasons), the manufacturer shall 
choose the SC03 result to use in the calculation from among those data 
sets using good engineering judgment.
    (c) Useful life. Vehicles tested under the provisions of this 
section must be within the useful life specified for the emission 
standards which were exceeded in the testing under Sec. 86.1845-01 or 
Sec. 86.1845-04, as applicable. Testing should be within the useful 
life specified, subject to sections 207(c)(5) and (c)(6) of the Clean 
Air Act where applicable.
    (d) Number of test vehicles. A manufacturer must test a minimum of 
ten vehicles of the test group or Agency-designated subset. A 
manufacturer may, at the manufacturer's discretion, test more than ten 
vehicles under this paragraph for a specific test group or Agency-
designated subset. If a manufacturer chooses to test more than the 
required ten vehicles, all testing must be completed within the time 
designated in the testing completion requirements of Sec. 86.1846-
01(g). Any vehicles which are eliminated from the sample either prior to 
or subsequent to testing, or any vehicles for which test results are 
determined to be void, must be replaced in order that the final sample 
of vehicles for which test results acceptable to the Agency are 
available equals a minimum of ten vehicles. A manufacturer may cease 
testing with a sample of five vehicles if the results of the first five 
vehicles tested show mean emissions for each pollutant to be less than 
75.0 percent of the applicable standard, with no vehicles exceeding the 
applicable standard for any pollutant.
    (e) Emission testing. Each test vehicle of a test group or Agency-
designated subset shall be tested in accordance with the Federal Test 
Procedure and/or the Supplemental Federal Test Procedure (whichever of 
these tests performed under Sec. 86.1845-01 produces emission levels 
requiring testing under this section) as described in subpart B of this 
part, when such test vehicle is tested for compliance with applicable 
exhaust emission standards under this subpart.
    (f) Geographical limitations. (1) Test groups or Agency-designated 
subsets certified to 50-state standards: For low

[[Page 497]]

altitude testing no more than 50 percent of the test vehicles may be 
procured from California. The test vehicles procured from the 49 state 
area must be procured from a location with a heating degree day 30 year 
annual average equal to or greater than 4000.
    (2) Test groups or Agency-designated subsets certified to 49 state 
standards: For low-altitude testing all vehicles shall be procured from 
a location with a heating degree day 30 year annual average equal to or 
greater than 4000.
    (3) Vehicles procured for high altitude testing may be procured from 
any area provided that the vehicle's primary area of operation was above 
4000 feet.
    (g) Testing. Testing required under this section must commence 
within three months of completion of the testing under Sec. 86.1845-01 
or Sec. 86.1845-04 which triggered the confirmatory testing and must be 
completed within seven months of the completion of the testing which 
triggered the confirmatory testing. Any industry review of the results 
obtained under Sec. 86.1845-01 or Sec. 86.1845-04 and any additional 
vehicle procurement and/or testing which takes place under the 
provisions of Sec. 86.1845-01 or Sec. 86.1845-04 which the industry 
believes may affect the triggering of required confirmatory testing must 
take place within the three month period. The data and the manufacturers 
reasoning for reconsideration of the data must be provided to the Agency 
within the three month period.
    (h) Limit on manufacturer conducted testing. For each manufacturer, 
the maximum number of test group(s) (or Agency-designated subset(s)) of 
each model year for which testing under this section shall be required 
is limited to 50 percent of the total number of test groups of each 
model year required to be tested by each manufacturer as prescribed in 
Sec. 86.1845-01 or Sec. 86.1845-04 rounded to the next highest whole 
number where appropriate. For each manufacturer with only one test group 
under Sec. 86.1845-01 or Sec. 86.1845-04, as applicable, such 
manufacturer shall have a maximum potential testing requirement under 
this section of one test group (or Agency-designated subset) per model 
year.
    (i) Prior to beginning in-use confirmatory testing the manufacturer 
must, after consultation with the Agency, submit a written plan 
describing the details of the vehicle procurement, maintenance, and 
testing procedures (not otherwise specified by regulation) it intends to 
use.
    (j) Testing a subset. EPA may designate a subset of the test group 
based on transmission type for testing under this section in lieu of 
testing the entire test group when the results for the entire test group 
from testing conducted under Sec. 86.1845-01 or Sec. 86.1845-04 show 
mean emissions and a failure rate which meet these criteria for 
additional testing.

[64 FR 23925, May 4, 1999, as amended at 65 FR 6866, Feb. 10, 2000; 65 
FR 59977, Oct. 6, 2000; 66 FR 19310, Apr. 13, 2001; 71 FR 78094, Dec. 
28, 2006]



Sec. 86.1847-01  Manufacturer in-use verification and in-use confirmatory 

testing; submittal of information and maintenance of records.

    (a) The manufacturer who conducts or causes to be conducted testing 
of any motor vehicle under Sec. 86.1845-01 shall establish, maintain 
and retain the following records organized and indexed by test group and 
evaporative/refueling family:
    (1) A record documenting correlation as prescribed by Sec. 86.1845-
01(e)(3).
    (2) A description of all laboratory equipment calibrations and 
verifications as prescribed by subpart B of this part or otherwise as 
appropriate using good engineering judgment.
    (3) Procurement documentation. A description of the procurement 
area, a record of the source(s) of any list(s) of vehicles used as a 
basis for procurement, and a complete record of the number of vehicles 
rejected after positive vehicle owner response and reason(s) for 
manufacturer rejection of each rejected vehicle. A complete record of 
the number of vehicle owners/lessees in which attempt to contact was 
made and the number of vehicle owners/lessees actually contacted, the 
number of owners/lessees not contacted and the reasons and number of 
each for failure to contact, and the number of owners contacted who 
declined to participate.

[[Page 498]]

    (4) All records required to be maintained under this paragraph shall 
be retained by the manufacturer for a period of eight (8) years after 
the end of production of the test group to which they relate.
    (b) The manufacturer who conducts or causes to be conducted testing 
of any motor vehicle under Sec. 86.1845-01 shall submit to the 
Administrator on a quarterly calendar year basis, with the information 
provided to the Administrator within 30 days of the end of the quarter 
of each calendar year, the following records organized by test group and 
evaporative/refueling family.
    (1) A complete record of all emission tests performed, including 
tests results, the date of each test, and the phase mass values for fuel 
economy, carbon dioxide and each pollutant measured by the Federal Test 
Procedure and Supplemental Federal Test Procedure as prescribed by 
subpart B of this part.
    (2) For each test vehicle within a test group, a record and 
description of procedures and test results pertaining to any inspection 
(including the information listed in appendix III to this subpart), 
diagnostics, and maintenance performed on the test vehicle prior to 
testing in as-received condition.
    (3) A record and description of any inspection, diagnostics, and 
maintenance performed and/or testing (including emission results) of any 
vehicle tested subsequent to its initial as-received test.
    (c) The manufacturer who conducts or causes to be conducted testing 
of any motor vehicle under Sec. 86.1845-01 shall submit to the 
Administrator a record of the name and location of the testing 
laboratory(s) to be used to conduct testing for each model year 30 
working days prior to the initiation of testing of that model year.
    (d) The manufacturer of any test vehicle subject to Sec. 86.1845-01 
shall report to the Agency the test results (identifying the vehicle 
test group and emission test results) of any test vehicle in which the 
test vehicle fails to meet any applicable emission standard. The 
manufacturer must make this report within 72 hours of the completion of 
the testing of the test vehicle.
    (e) The manufacturer who conducts or causes to be conducted testing 
of any motor vehicle under Sec. 86.1846-01 shall establish, maintain 
and retain the following organized and indexed records by test group or 
Agency-designated subset.
    (1) A description of all laboratory equipment calibrations and 
verifications as prescribed by subpart B of this part or by good 
engineering judgment.
    (2) Procurement documentation. A description of the procurement 
area, a record of the source(s) of any list(s) of vehicles used as a 
basis for procurement, a complete record of: the number of vehicle 
owners/lessees in which attempt to contact was made and the number of 
vehicle owners/lessees actually contacted; the number of owners/lessees 
not contacted and the reasons and number of each for failure to contact; 
the number of owners contacted who declined to participate; and a 
complete record of the number of vehicles rejected after positive 
vehicle owner response and reason(s) for manufacturer rejection of each 
rejected vehicle.
    (3) All records required to be maintained under this paragraph shall 
be retained by the manufacturer for a period of eight (8) years after 
the end of production of the test group to which they relate.
    (f) Within 30 working days of the completion of testing of a test 
group or Agency-designated subset performed under Sec. 86.1846-01, the 
manufacturer shall submit to the Administrator the following records 
organized by test group or Agency-designated subset.
    (1) A complete record of all emission tests performed, including 
tests results, the date of each test, and the phase mass values for fuel 
economy, carbon dioxide and each pollutant measured by the Federal Test 
Procedure and Supplemental Federal Test Procedure as prescribed by 
subpart B of this part.
    (2) For each test vehicle within a test group, a record and 
description of procedures and test results pertaining to any 
inspections, diagnostics, and maintenance performed on the test vehicle 
prior to any emission testing.
    (3) A record and description of any inspections, diagnostics, 
maintenance

[[Page 499]]

performed and/or testing (including emission results) of any test 
vehicle tested subsequent to its initial emission test.



Sec. 86.1848-01  Certification.

    (a)(1) If, after a review of the manufacturer's submitted Part I 
application, information obtained from any inspection, such other 
information as the Administrator may require, and any other pertinent 
data or information, the Administrator determines that the application 
is complete and that all vehicles within a test group as described in 
the application meet the requirements of this part and the Clean Air 
Act, the Administrator shall issue a certificate of conformity.
    (2) If, after review of the manufacturer's application, request for 
certification, information obtained from any inspection, such other 
information as the Administrator may require, and any other pertinent 
data or information, the Administrator determines that the application 
is not complete or the vehicles within a test group as described in the 
application, do not meet applicable requirements or standards of the Act 
or of this part, the Administrator may deny the issuance of, suspend, or 
revoke a previously issued certificate of conformity. The Administrator 
will notify the manufacturer in writing, setting forth the basis for the 
determination. The manufacturer may request a hearing on the 
Administrator's determination.
    (b) A certificate of conformity will be issued by the Administrator 
for a period not to exceed one model year and upon such terms as deemed 
necessary or appropriate to assure that any new motor vehicle covered by 
the certificate will meet the requirements of the Act and of this part.
    (c) All certificates are conditional upon the following conditions 
being met:
    (1) The manufacturer must supply all required information according 
to the provisions of Sec. Sec. 86.1843-01 and 86.1844-01.
    (2) The manufacturer must comply with all certification and in-use 
emission standards contained in subparts S and H of this part both 
during and after model year production.
    (3) The manufacturer must comply with all implementation schedules 
sales percentages as required in Sec. 86.1810 or elsewhere in this 
part. Failure to meet a required implementation schedule sales 
percentage will be considered to be a failure to satisfy a condition 
upon which the certificate was issued and any vehicles or trucks sold in 
violation of the implementation schedule shall not be covered by the 
certificate.
    (4) For incomplete light-duty trucks and incomplete heavy-duty 
vehicles, 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. 86.1844-01.
    (5) The manufacturer must meet the in-use testing and reporting 
requirements contained in Sec. Sec. 86.1845-01, 86.1846-01, and 
86.1847-01, as applicable. Failure to meet the in-use testing or 
reporting requirements shall be considered a failure to satisfy a 
condition upon which the certificate was issued. A vehicle or truck will 
be considered to be covered by the certificate only if the manufacturer 
fulfills this condition upon which the certificate was issued.
    (6) Vehicles are covered by a certificate of conformity only if they 
are in all material respects as described in the manufacturer's 
application for certification (Part I and Part II).
    (7) For Tier 2 and interim non-Tier 2 vehicles, all certificates of 
conformity issued are conditional upon compliance with all provisions of 
Sec. Sec. 86.1811-04, 86.1860-04, 86.1861-04 and 86.1862-04 both during 
and after model year production.
    (i) Failure to meet the fleet average NOX requirements of 
0.07g/mi, 0.30 g/mi or 0.20 g/mi, as applicable, will be considered to 
be a failure to satisfy the terms and conditions upon which the 
certificate(s) was (were) issued and the vehicles sold in violation of 
the fleet average NOX standard will not be covered by the 
certificate(s).
    (ii) Failure to comply fully with the prohibition against selling 
credits that it has not generated or that are not available, as 
specified in Sec. 86.1861-04,

[[Page 500]]

will be considered to be a failure to satisfy the terms and conditions 
upon which the certificate(s) was (were) issued and the vehicles sold in 
violation of this prohibition will not be covered by the certificate(s).
    (iii) Failure to comply fully with the phase-in requirements of 
Sec. 86.1811-04, will be considered to be a failure to satisfy the 
terms and conditions upon which the certificate(s) was (were) issued and 
the vehicles sold which do not comply with Tier 2 or interim non-Tier 2 
requirements, up to the number needed to comply, will not be covered by 
the certificate(s).
    (iv) For paragraphs (c)(7)(i) through (iii) of this section:
    (A) The manufacturer must bear the burden of establishing to the 
satisfaction of the Administrator that the terms and conditions upon 
which the certificate(s) was (were) issued were satisfied.
    (B) For recall and warranty purposes, vehicles not covered by a 
certificate of conformity will continue to be held to the standards 
stated or referenced in the certificate that otherwise would have 
applied to the vehicles.
    (d) One certificate will be issued for each test group and 
evaporative/refueling family combination. For diesel fueled vehicles, 
one certificate will be issued for each test group. A certificate of 
conformity is deemed to cover the vehicles named in such certificate and 
produced during the model year.
    (e) A manufacturer of new light-duty vehicles, light-duty trucks, 
and complete heavy-duty vehicles must obtain a certificate of conformity 
covering such vehicles from the Administrator prior to selling, offering 
for sale, introducing into commerce, delivering for introduction into 
commerce, or importing into the United States the new vehicle. Vehicles 
produced prior to the effective date of a certificate of conformity may 
also be covered by the certificate, once it is effective, if the 
following conditions are met:
    (1) The vehicles conform in all respects to the vehicles described 
in the application for the certificate of conformity.
    (2) The vehicles are not sold, offered for sale, introduced into 
commerce, or delivered for introduction into commerce prior to the 
effective date of the certificate of conformity.
    (3) EPA is notified prior to the beginning of production when such 
production will start, and EPA is provided a full opportunity to inspect 
and/or test the vehicles during and after their production. EPA must 
have the opportunity to conduct SEA production line testing as if the 
vehicles had been produced after the effective date of the certificate.
    (f) Vehicles imported by an original equipment manufacturer after 
December 31 of the calendar year for which the model year is named are 
still covered by the certificate of conformity as long as the production 
of the vehicle was completed before December 31 of that year.
    (g) For test groups 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 in 
consultation with the manufacturer, the malfunction indicator light does 
not illuminate under any of the circumstances described in Sec. 
86.1806-01(k)(1) through (6).
    (h) Vehicles equipped with aftertreatment technologies such as 
catalysts, 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 such components 
as catalysts and oxygen sensors. If these vehicles are imported or 
offered for importation without retrofit of the catalyst or other 
aftertreatment technology, they will be considered not to be within the 
coverage of the certificate unless included in a catalyst or other 
aftertreatment technology control program operated by a manufacturer or 
a United States Government agency and approved by the Administrator.
    (i) For all light-duty vehicles and light light-duty trucks 
certified to NLEV standards under Sec. Sec. 86.1710 through 86.1712, 
the following provisions apply:
    (1) 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.

[[Page 501]]

    (2) 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.
    (3) 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.
    (4) 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 test groups 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.
    (5)(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.
    (6) 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.
    (7) For recall and warranty purposes, vehicles not covered by a 
certificate because of a violation of these conditions of the 
certificate will continue to be held to the standards stated in the 
certificate that would have otherwise applied to the vehicles.

[64 FR 23925, May 4, 1999, as amended at 65 FR 6866, Feb. 10, 2000; 65 
FR 59977, Oct. 6, 2000]



Sec. 86.1848-10  Certification.

    Section 86.1848-10 includes text that specifies requirements that 
differ from Sec. 86.1848-01. Where a paragraph in Sec. 86.1848-01 is 
identical and applicable to Sec. 86.1848-10, this may be indicated by 
specifying the corresponding paragraph and the statement ``[Reserved]. 
For guidance see Sec. 86.1848-01.'' Where a corresponding paragraph of 
Sec. 86.1848-01 is not applicable, this is indicated by the statement 
``[Reserved]''
    (a) through (b) [Reserved]. For guidance see Sec. 86.1848-01.
    (c) The following conditions apply to all certificates:
    (1) The manufacturer must supply all required information according 
to the provisions of Sec. Sec. 86.1843-01 and 86.1844-01.
    (2) The manufacturer must comply with all certification and in-use 
emission standards contained in subparts S and H of this part both 
during and after model year production.
    (3) The manufacturer must comply with all implementation schedules 
sales percentages as required in Sec. 86.1810 or elsewhere in this 
part. Failure to meet a required implementation schedule sales 
percentage will be considered to be a failure to satisfy a condition 
upon which the certificate was issued and any vehicles or trucks sold in 
violation of the implementation schedule are not to be covered by the 
certificate.
    (4) For incomplete light-duty trucks and incomplete heavy-duty 
vehicles, a certificate covers only those new motor vehicles that, 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. 86.1844-01.
    (5) The manufacturer must meet the in-use testing and reporting 
requirements contained in Sec. Sec. 86.1845-01, 86.1846-01, and 
86.1847-01, as applicable. Failure to meet the in-use testing or 
reporting

[[Page 502]]

requirements shall be considered a failure to satisfy a condition upon 
which the certificate was issued. A vehicle or truck is considered to be 
covered by the certificate only if the manufacturer fulfills this 
condition upon which the certificate was issued.
    (6) Vehicles are covered by a certificate of conformity only if they 
are in all material respects as described in the manufacturer's 
application for certification (Part I and Part II).
    (7) For Tier 2 and interim non-Tier 2 vehicles, all certificates of 
conformity issued are conditional upon compliance with all provisions of 
Sec. Sec. 86.1811-04, 86.1860-04, 86.1861-04 and 86.1862-04 both during 
and after model year production. The manufacturer must bear the burden 
of establishing to the satisfaction of the Administrator that the terms 
and conditions upon which the certificate(s) was (were) issued were 
satisfied. For recall and warranty purposes, vehicles not covered by a 
certificate of conformity will continue to be held to the standards 
stated or referenced in the certificate that otherwise would have 
applied to the vehicles.
    (i) Failure to meet the fleet average NOX requirements of 
0.07g/mi, 0.3 g/mi or 0.2 g/mi, as applicable, will be considered to be 
a failure to satisfy the terms and conditions upon which the 
certificate(s) was (were) issued and the vehicles sold in violation of 
the fleet average NOX standard will not be covered by the 
certificate(s).
    (ii) Failure to comply fully with the prohibition against selling 
credits that it has not generated or that are not available, as 
specified in Sec. 86.1861-04, will be considered to be a failure to 
satisfy the terms and conditions upon which the certificate(s) was 
(were) issued and the vehicles sold in violation of this prohibition 
will not be covered by the certificate(s).
    (iii) Failure to comply fully with the phase-in requirements of 
Sec. 86.1811-04, will be considered to be a failure to satisfy the 
terms and conditions upon which the certificate(s) was (were) issued and 
the vehicles sold which do not comply with Tier 2 or interim non-Tier 2 
requirements, up to the number needed to comply, will not be covered by 
the certificate(s).
    (8) For LDV/LLDTs and HLDT/MDPVs, all certificates of conformity 
issued are conditional upon compliance with all provisions of Sec. Sec. 
86.1811-10 and 86.1864-10 both during and after model year production. 
The manufacturer bears the burden of establishing to the satisfaction of 
the Administrator that the terms and conditions upon which the 
certificate(s) was (were) issued were satisfied. For recall and warranty 
purposes, vehicles not covered by a certificate of conformity will 
continue to be held to the standards stated or referenced in the 
certificate that otherwise would have applied to the vehicles.
    (i) Failure to meet the fleet average cold temperature NMHC 
requirements will be considered a failure to satisfy the terms and 
conditions upon which the certificate(s) was (were) issued and the 
vehicles sold in violation of the fleet average NMHC standard will not 
be covered by the certificate(s).
    (ii) Failure to comply fully with the prohibition against selling 
credits that are not generated or that are not available, as specified 
in Sec. 86.1864-10, will be considered a failure to satisfy the terms 
and conditions upon which the certificate(s) was (were) issued and the 
vehicles sold in violation of this prohibition will not be covered by 
the certificate(s).
    (iii) Failure to comply fully with the phase-in requirements of 
Sec. 86.1811-10 will be considered a failure to satisfy the terms and 
conditions upon which the certificate(s) was (were) issued and the 
vehicles sold that do not comply with cold temperature NMHC 
requirements, up to the number needed to comply, will not be covered by 
the certificate(s).
    (d)-(i) [Reserved]. For guidance see Sec. 86.1848-01.

[72 FR 8567, Feb. 26, 2007]



Sec. 86.1849-01  Right of entry.

    (a) Any manufacturer who has applied for certification of a new 
motor vehicle subject to testing under this subpart, or any manufacturer 
or entity who conducts or causes to be conducted in-use verification or 
in-use confirmatory testing under this subpart, shall admit or cause to 
be admitted any EPA

[[Page 503]]

Enforcement Officer or any EPA authorized representative during 
operating hours on presentation of credentials to any of the following:
    (1) Any facility where any such certification or in-use verification 
or in-use confirmatory testing or any procedures or activities connected 
with such testing are or were performed.
    (2) Any facility where any new motor vehicle or test vehicle used 
for certification, in-use verification or in-use confirmatory testing 
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 
Sec. 86.1849-01(a) (1), (2), and/or (3) is located.
    (b) Upon admission to any facility referred to in paragraph (a) of 
this section, any EPA official or EPA authorized representative 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 mileage (or 
service) accumulation, bench aging, 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, including those records specified in Sec. Sec. 
86.1843-01, 86.1844-01, and 86.1847-01.
    (c) In order to allow the Administrator to determine whether or not 
production motor vehicles 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 
described in the certification application 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 EPA 
authorized representative on presentation of credentials to:
    (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 compliance application or 
used for certification testing into production vehicles is located or 
carried on; and
    (2) Any facility where any motor vehicles to be introduced into 
commerce are manufactured or assembled.
    (d) Upon admission to any facility referred to in paragraph (c) of 
this section, any EPA Enforcement Officer or EPA authorized 
representative 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 
motor vehicles and any component used in the assembly thereof that are 
reasonably related to the purpose of the entry.
    (e) Any EPA official 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 set forth 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 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 what is 
necessary to insure the accuracy of data generated at a facility, no 
informed judgment that a vehicle is 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.
    (g) For purposes of this section:

[[Page 504]]

    (1) ``Presentation of credentials'' shall mean display of the 
document designating a person as an EPA Enforcement Officer or EPA 
authorized representative.
    (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, 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.
    (4) Reasonable assistance includes, but is not limited to, clerical, 
copying, interpretation and translation services, the making available 
upon 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 which 
is being, has been, or will be used for certification or in-use 
verification or confirmatory 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 
or the Assistant Administrator for Enforcement and Compliance Assurance, 
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.



Sec. 86.1850-01  Denial, suspension or revocation of certificate of 

conformity.

    (a) If, after review of the manufacturer's application, request for 
certification, information obtained from any inspection, such other 
information as the Administrator may require, and any other pertinent 
data or information, the Administrator determines that one or more test 
vehicles do not meet applicable requirements or standards of the Act or 
of this part, the Administrator will notify the manufacturer in writing, 
setting forth the basis for the determination. The manufacturer may 
request a hearing on the Administrator's determination.
    (b) Notwithstanding the fact that the vehicles described in the 
application may comply with all other requirements of this subpart, the 
Administrator may deny issuance of, suspend, or revoke a previously 
issued certificate of conformity if the Administrator finds any one of 
the following infractions to be substantial:
    (1) The manufacturer submits false or incomplete information.
    (2) The manufacturer denies an EPA enforcement officer or EPA 
authorized representative the opportunity to conduct authorized 
inspections as required under Sec. 86.1849-01.
    (3) The manufacturer renders inaccurate any test data which it 
submits, or fails to make a good engineering judgment in accordance with 
Sec. 86.1851-01(c)(1).
    (4) The manufacturer denies an EPA enforcement officer or EPA 
authorized representative reasonable assistance as required in Sec. 
86.1849-01.
    (5) The manufacturer fails to provide the records required in Sec. 
86.1844-01 to the Administrator within the deadline set forth in the 
request for such information.
    (6) The manufacturer fails to comply with all conditions under which 
the certificate of conformity was granted as specified in 86.1848-01.
    (7) The manufacturer otherwise circumvents the intent of the Act or 
of this part.
    (c) The manufacturer shall bear the burden of establishing to the 
satisfaction of the Administrator that the conditions upon which the 
certificate was

[[Page 505]]

issued were satisfied, or that any failure to satisfy a condition is not 
substantial.
    (d) If a manufacturer knowingly commits an infraction specified in 
paragraphs (b)(1) through (b)(7) of this section, knowingly commits any 
fraudulent act which results in the issuance of a certificate of 
conformity, or fails to comply with the conditions specified in Sec. 
86.1843-01, the Administrator may deem such certificate void ab initio.
    (e) When the Administrator denies, suspends, revokes, or voids ab 
initio a certificate, EPA will provide the manufacturer a written 
determination. The manufacturer may request a hearing under Sec. 
86.1853-01 on the Administrator's decision.
    (f) Any suspension or revocation of a certificate of conformity 
shall extend no further than to forbid the introduction into commerce of 
vehicles previously covered by the certificate which are still in the 
possession of the manufacturer, except in cases of such fraud or other 
misconduct that makes the certification void ab initio.



Sec. 86.1851-01  Application of good engineering judgment to manufacturers' 

decisions.

    (a) The manufacturer shall exercise good engineering judgment in 
making all decisions called for under this subpart, including but not 
limited to selections, categorizations, determinations, and applications 
of the requirements of the subpart.
    (b) Upon written request by the Administrator, the manufacturer 
shall provide within 15 working days (or such longer period as may be 
allowed by the Administrator) a written description of the engineering 
judgment in question.
    (c) The Administrator may reject any such decision by a manufacturer 
if it is not based on good engineering judgment, or is otherwise 
inconsistent with the requirements of this subpart.
    (d) If the Administrator rejects a decision by a manufacturer with 
respect to the exercise of good engineering judgment, the following 
provisions shall apply:
    (1) If the Administrator determines that incorrect information was 
deliberately used in the decision process, that important information 
was deliberately overlooked, that the decision was not made in good 
faith, or that the decision was not made with a rational basis, the 
Administrator may suspend or void ab initio a certificate of conformity.
    (2) If the Administrator determines that the manufacturer's decision 
does not meet the provisions of paragraph(d)(1) of this section, but 
that a different decision would reflect a better exercise of good 
engineering judgment, then the Administrator will notify the 
manufacturer of this concern and the basis thereof.
    (i) The manufacturer shall have at least 30 days to respond to this 
notice. The Administrator may extend this response period upon request 
from the manufacturer if it is necessary to generate additional data for 
the manufacturer's response.
    (ii) The Administrator shall make the final ruling after considering 
the information provided by the manufacturer during the response period. 
If the Administrator determines that the manufacturer's decision was not 
made using good engineering judgment, he/she may reject that decision 
and apply the new ruling to future corresponding decisions as soon as 
practicable.
    (e) The Administrator shall notify the manufacturer in writing 
regarding any decision reached under paragraph (d)(1) or (2) of this 
section. The Administrator shall include in this notification the basis 
for reaching the determination.
    (f) Within 30 working days following receipt of notification of the 
Administrator's determinations made under paragraph (d) of this section, 
the manufacturer may request a hearing on those 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 or other analysis in support of such objections. If, after review 
of the request and supporting data or analysis, the Administrator finds 
that the request raises a substantial factual issue, he/she shall 
provide

[[Page 506]]

the manufacturer a hearing in accordance with Sec. 86.1853-01 with 
respect to such issue.



Sec. 86.1852-01  Waivers for good in-use emission performance.

    (a) The Administrator may waive requirements of this subpart 
relating to development of emission-related information or test data if 
the Administrator determines with confidence that the in-use emission 
test verification data required in Sec. 86.1845-01 are below the 
applicable emission standards for an appropriate period of time, and 
that such performance is likely to continue in subsequent model years.
    (b) Any waiver granted under paragraph (a) of this section will be 
granted only if the Administrator determines that the waived requirement 
is not needed to assure continued emission compliance and the 
Administrator will have sufficient testing and other information in 
order to make certification decisions.
    (c) Any waiver granted under paragraph (a) of this section would be 
limited in duration to a period of one model year, unless extended by 
the Administrator as a result of continued demonstrations of good in-use 
emission performance.
    (d) The Administrator reserves the right to deny or revoke a waiver 
which may have been granted if he/she determines that the manufacturer 
no longer qualifies for the waiver.



Sec. 86.1853-01  Certification hearings.

    (a)(1) After granting a request for a hearing under this subpart, 
the Administrator shall designate a Presiding Officer for the hearing.
    (2) The hearing shall be held as soon as practicable at a time and 
place fixed by the Administrator or by the Presiding Officer.
    (3) In the case of any hearing requested pursuant to Sec. 86.1850-
01(e), 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) shall be 
the final EPA decision.
    (b)(1) Upon 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 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

[[Page 507]]

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 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 the Presiding Officer.
    (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.



Sec. Sec. 86.1854-86.1859  [Reserved]



Sec. 86.1860-04  How to comply with the Tier 2 and interim non-Tier 2 fleet 

average NOX standards.

    (a) The fleet average standards referred to in this section are the 
corporate fleet average standards for FTP exhaust NOX 
emissions set forth in: Sec. 86.1811-04(d) for Tier 2 LDV/Ts and MDPVs 
(0.07 g/mi); Sec. 86.1811-04(l)(3) for interim non-Tier 2 LDV/LLDTs 
(0.30 g/mi); and, Sec. 86.1811-04(l)(3) for interim non-Tier 2 HLDT/
MDPVs (0.20 g/mi). Unless otherwise indicated in this section, the 
provisions of this section apply to all three corporate fleet average 
standards, except that the interim non-Tier 2 fleet average 
NOX standards do not apply to a manufacturer whose U.S. LDV/T 
and MDPV sales are 100% Tier 2 LDV/Ts and MDPVs.
    (b)(1) Each manufacturer must comply with the applicable fleet 
average NOX standard, or standards, on a sales weighted 
average basis, at the end of each model year, using the procedure 
described in this section.
    (2) During a phase-in year, the manufacturer must comply with the 
applicable fleet average NOX standard for the required phase-
in percentage for that year as specified in Sec. 86.1811-04(k)(1), or 
for the alternate phase-in percentage as permitted under Sec. 86.1811-
04(k)(6).
    (c)(1)(i) Each manufacturer must separately compute the sales 
weighted averages of the individual NOX emission standards to 
which it certified all its Tier 2 vehicles, interim non-Tier 2 LDV/
LLDTs, and interim non-Tier 2 HLDT/MDPVs of a given model year as 
described in Sec. 86.1804(l)(2).
    (ii) For model years up to and including 2008, manufacturers must 
compute separate NOX fleet averages for Tier 2 LDV/LLDTs and 
Tier 2 HLDT/MDPVs.
    (2)(i) For model years up to and including 2008, if a manufacturer 
certifies its entire U.S. sales of Tier 2 or interim non-Tier 2 LDV/
LLDTs or interim non-Tier 2 HLDT/MDPVs, to full useful life bins having 
NOX standards at or below the applicable fleet average 
NOX standard, that manufacturer may elect not to compute a 
fleet average NOX level for that category of vehicles. A 
manufacturer making such an election must

[[Page 508]]

not generate NOX credits for that category of vehicles for 
that model year.
    (ii) For model years after 2008, if a manufacturer certifies its 
entire U.S. sales of Tier 2 vehicles to full useful life bins having 
NOX standards at or below 0.07 gpm, that manufacturer may 
elect not to compute a fleet average NOX level for its Tier 2 
vehicles. A manufacturer making such an election must not generate 
NOX credits for that model year.
    (d) The sales weighted NOX fleet averages determined 
pursuant to paragraph (c) of this section must be compared with the 
applicable fleet average standard; 0.07 g/mi for NOX for Tier 
2 LDV/Ts and MDPVs, 0.30 g/mi for NOX for interim non-Tier 2 
LDV/LLDTs, and 0.20 g/mi for NOx for interim non-Tier 2 HLDT/MDPVs. Each 
manufacturer must comply on an annual basis with the fleet average 
standards by:
    (1) Showing that its sales weighted average NOX emissions 
of its LDV/LLDTs, HLDT/MDPVs or LDV/Ts, as applicable, are at or below 
the applicable fleet average standard; or
    (2) If the sales weighted average is not at or below the applicable 
fleet average standard, by obtaining and applying sufficient Tier 2 
NOX credits, interim non-Tier 2 LDV/LLDT NOX 
credits or interim non-Tier 2 HLDT/MDPV NOX credits, as 
appropriate, and as permitted under Sec. 86.1861-04.
    (i) Manufacturers may not use NMOG credits generated under the NLEV 
program in subpart R of this part to meet any Tier 2 or interim non-Tier 
2 NOX fleet average standard.
    (ii) Tier 2 NOX credits may not be used to meet any fleet 
average interim non-Tier 2 NOX standard except as permitted 
by Sec. 86.1860-04(e)(1).
    (iii) Interim non-Tier 2 NOX credits may not be used to 
meet the Tier 2 fleet average NOX standard.
    (iv) Interim non-Tier 2 NOX credits from HLDT/MDPVs may 
not be used to meet the fleet average NOX standard for 
interim non-Tier 2 LDV/LLDTs, and interim non-Tier 2 credits from LDV/
LLDTs may not be used to meet the fleet average NOX standard 
for interim non-Tier 2 HLDT/MDPVs.
    (e) (1) Manufacturers that cannot meet the requirements of paragraph 
(d) of this section, may carry forward a credit deficit for three model 
years, but must not carry such deficit into the fourth year. When 
applying credits to reduce or eliminate a deficit under the fleet 
average standard for interim LDV/LLDTs or interim HLDT/MDPVs, that has 
been carried forward into a year subsequent to its generation, a 
manufacturer may apply credits from Tier 2 LDV/LLDTs or Tier 2 HLDT/
MDPVs, respectively, as well as from the appropriate group of interim 
vehicles. A manufacturer must not use interim credits to reduce or 
eliminate any NOX credit deficit under the Tier 2 fleet 
average standard.
    (2) A manufacturer carrying a credit deficit into the third year 
must generate or obtain credits to offset that deficit and apply them to 
the deficit at a rate of 1.2:1, (i.e. deficits carried into the third 
model year must be repaid with credits equal to 120 percent of the 
deficit).
    (3) A manufacturer must not bank credits for future model years or 
trade credits to another manufacturer during a model year into which it 
has carried a deficit.
    (f) Computing fleet average NOX emissions. (1) 
Manufacturers must separately compute these fleet NOX 
averages using the equation contained in paragraph (f)(2) of this 
section:
    (i) Their Tier 2 LDV/LLDT and Tier 2 HLDT/MDPV fleet average 
NOX emissions for each model year through 2008;
    (ii) Their combined Tier 2 LDV/T and MDPV fleet average 
NOX emissions for each model year after 2008;
    (iii) Their interim non-Tier 2 LDV/LLDT fleet average NOX 
emissions for each model year through 2006; and
    (iv) Their interim non-Tier 2 HLDT/MDPV fleet average NOX 
emissions for each model year through 2008.
    (2) The equation for computing fleet average NOX 
emissions is as follows:

[[Page 509]]

[GRAPHIC] [TIFF OMITTED] TR10FE00.012

Where:

N = The number of vehicles sold in the applicable category that were 
certified for each corresponding NOX emission bin. N must be 
based on vehicles counted to the point of first sale.
Emission standard = The individual full useful life NOX 
emission standard for each bin for which the manufacturer had sales.

    (3) The results of the calculation in paragraph (f)(2) of this 
section must be rounded as required by Sec. 86.1837-01.
    (4) When approved in advance by the Administrator, the numerator in 
the equation in paragraph (f)(2) of this section may be adjusted 
downward by the product of the number of HEVs from each NOX 
emission bin times a HEV NOX contribution factor determined 
through mathematical estimation of the reduction in NOX 
emissions over the test procedure used to certify the HEVs. The 
reduction in NOX emissions must be determined using good 
engineering judgement and reflect the relation in actual full useful 
life NOX emissions to the full useful life NOX 
standards for the certification bin applicable to the vehicles. The 
Administrator may require that calculation of the HEV NOX 
contribution factor include vehicle parameters such as vehicle weight, 
portion of time during the test procedure that the HEV operates with 
zero exhaust emissions, zero emission range, NOX emissions 
from fuel-fired heaters and NOX emissions from electricity 
production and storage.
    (g) Additional credits for vehicles certified to 150,000 mile useful 
lives. (1) A manufacturer may certify any test group to an optional 
useful life of 15 years or 150,000 miles, whichever occurs first.
    (2)(i) For any test group certified to the optional 15 year/150,000 
mile useful life, the manufacturer may generate additional 
NOX credits, except as prohibited in paragraph (g)(3) of this 
section.
    (ii) The manufacturer must calculate these extra NOX 
credits, where permitted, by substituting an adjusted NOX 
standard for the applicable NOX standard from the full useful 
life certification bin when it calculates the applicable fleet average 
NOX emissions by the procedure in paragraph (f) of this 
section. The adjusted standard must be equal to the applicable full 
useful life NOX standard multiplied by 0.85 and rounded to 
one more decimal place than the number of decimal places as the 
applicable full useful life NOX standard.
    (3) A manufacturer electing not to comply with applicable 
intermediate life standards as permitted under Sec. 86.1811-04(c)(4) 
may not generate additional credits from vehicles certified to a useful 
life of 15 years/150,000 miles; except that, for bins where such 
intermediate life standards do not exist or are specifically deemed to 
be optional in Sec. 86.1811-04(c)(4), the manufacturer may generate 
additional NOX credits from vehicles certified to a useful 
life of 15 years/150,000 miles.
    (h) Additional credits for vehicles certified to low bins. A 
manufacturer may obtain additional NOX credits by certifying 
vehicles to bins 1 and/or 2 in model years from 2001 through 2005 
subject to the following requirements:
    (1) When computing the fleet average Tier 2 NOX emissions 
using the formula in paragraph (f)(2) of this section, the manufacturer 
may multiply the number of vehicles certified to bins 1 and 2 by the 
applicable multiplier shown in Table S04-11 when computing the 
denominator in the formula. These multipliers may not be used after 
model year 2005. The table follows:

  Table S04-11--Multipliers for Additional Tier 2 NOX Credits for Bin 1
                              and 2 LDV/Ts
------------------------------------------------------------------------
                                                              Multiplier
           Bin                        Model year                  73
------------------------------------------------------------------------
2........................  2001, 2002, 2003, 2004, 2005....          1.5
1........................  2001, 2002, 2003, 2004, 2005....          2.0
------------------------------------------------------------------------


[[Page 510]]

    (2) Optionally, instead of the process described in paragraph (h)(1) 
of this section, when computing Tier 2 NOX credits using the 
formula in Sec. 86.1861-04(b)(1), the manufacturer may multiply the 
number of vehicles certified to bin 1 and bin 2 by the applicable 
multiplier shown in Table S04-11 in paragraph (h)(1) of this section 
when computing the ``Total number of Tier 2 Vehicles Sold, Including 
ZEVs and HEVs''. These multipliers may not be used after model year 
2005.

[65 FR 6866, Feb. 10, 2000, as amended at 66 FR 19310, Apr. 13, 2001]



Sec. 86.1861-04  How do the Tier 2 and interim non-Tier 2 NOX averaging, 

banking and trading programs work?

    (a) General provisions for Tier 2 credits and debits. (1) A 
manufacturer whose Tier 2 fleet average NOX emissions exceeds 
the 0.07 g/mile standard must complete the calculation at paragraph (b) 
of this section to determine the size of its NOX credit 
deficit. A manufacturer whose Tier 2 fleet average NOX 
emissions is less than or equal to the 0.07 g/mile standard must 
complete the calculation in paragraph (b) of this section if it desires 
to generate NOX credits. In either case, the number of 
credits or debits determined in the calculation at paragraph (b) of this 
section must be rounded to the nearest whole number.
    (2) Credits generated according to the calculation in paragraph 
(b)(1) of this section may be banked for future use or traded to another 
manufacturer.
    (3) NOX credits are not subject to any discount or 
expiration date except as required under the deficit carryforward 
provisions of Sec. 86.1860-04(e)(2).
    (4) If a manufacturer calculates that it has negative credits 
(debits or a credit deficit) for a given model year, it must obtain 
sufficient credits, as required under Sec. 86.1860-04(e)(2), from 
vehicles produced by itself or another manufacturer in a model year no 
later than the third model year following the model year for which it 
calculated the credit deficit. (Example: if a manufacturer calculates 
that it has a NOX credit deficit for the 2008 model year, it 
must obtain sufficient NOX credits to offset that deficit 
from its own production or that of other manufacturers' 2011 or earlier 
model year vehicles.)
    (6)(i) Manufacturers may not use NOX credits to comply 
with the NLEV requirements of subpart R of this part.
    (ii) Manufacturers may not use NMOG credits generated by vehicles 
certified to the NLEV requirements of subpart R of this part to comply 
with any NOX requirements of this subpart.
    (iii) Manufacturers may not use NOX credits generated by 
interim non-Tier 2 vehicles to comply with the fleet average 
NOX standard for Tier 2 vehicles.
    (iv) Manufacturers may not use NOX credits generated by 
Tier 2 vehicles to comply with any fleet average NOX standard 
for interim non-Tier 2 vehicles, except as permitted under Sec. 
86.1860-04(e).
    (v) Manufacturers may not use NOX credits generated by 
interim non-Tier 2 LDV/LLDTs to comply with the fleet average 
NOX standard for interim non-Tier 2 HLDT/MDPVs.
    (vi) Manufacturers may not use NOX credits generated by 
interim non-Tier 2 HLDT/MDPVs to comply with the fleet average 
NOX standard for interim non-Tier 2 LDV/LLDTs.
    (vii) Manufacturers may not use NOX credits generated by 
Tier 2 LDV/LLDTs to comply with the Tier 2 NOX average 
standard for HLDT/MDPVs before the 2009 model year.
    (viii) Manufacturers may not use NOX credits generated by 
Tier 2 HLDT/MDPVs to comply with the Tier 2 NOX average 
standard for LDV/LLDTs before the 2009 model year.
    (7) Manufacturers may bank Tier 2 NOX credits for later 
use to meet the Tier 2 fleet average NOX standard or trade 
them to another manufacturer. Credits are earned on the last day of the 
model year. Before trading or carrying over credits to the next model 
year, a manufacturer must apply available credits to offset any credit 
deficit, where the deadline to offset that credit deficit has not yet 
passed.
    (8) There are no property rights associated with NOX 
credits generated under this subpart. Credits are a limited 
authorization to emit the designated amount of emissions. Nothing in 
this part or any other provision of law should be construed to limit 
EPA's

[[Page 511]]

authority to terminate or limit this authorization through a rulemaking.
    (b) Calculating Tier 2 credits and debits. (1) Manufacturers that 
achieve fleet average NOX values from the calculation in 
Sec. 86.1860-04(f), lower than the applicable fleet average 
NOX standard, may generate credits for a given model year, in 
units of vehicle-g/mi NOX, determined in this equation:

[(Fleet Average NOX Standard)-(Manufacturer's Fleet Average 
    NOX Value)] x (Total Number of Tier 2 Vehicles Sold, 
    Including ZEVs and HEVs).

Where: The number of Tier 2 vehicles sold is based on the point of first 
sale and does not include vehicles sold in California or a state that 
adopts, and has in effect for that model year, California emission 
requirements.

    (2) Where the result of the calculation in paragraph (b)(1) of this 
section is a negative number, the manufacturer must generate negative 
NOX credits (debits).
    (c) Early banking. (1)(i) Manufacturers may certify LDV/LLDTs to the 
Tier 2 FTP exhaust standards in Sec. 86.1811-04 for model years 2001-
2003 in order to bank credits for use in the 2004 and later model years. 
Such vehicles must also meet SFTP exhaust emission standards specified 
in Sec. 86.1811-04.
    (ii) Manufacturers may certify HLDT/MDPVs to the Tier 2 FTP exhaust 
standards in Sec. 86.1811-04 for model years 2001-2007 in order to bank 
credits for use in the 2008 and later model years. Such vehicles must 
also meet applicable SFTP exhaust emission standards specified in Sec. 
86.1811-04.
    (iii) This process is referred to as ``early banking'' and the 
resultant credits are referred to as ''early credits''. In order to bank 
early credits, a manufacturer must comply with all exhaust emission 
standards and requirements applicable to Tier 2 LDV/LLDTs and/or HLDT/
MDPVs, as applicable, except as allowed under paragraph (c)(4) of this 
section.
    (2) To generate early credits, a manufacturer must separately 
compute the sales weighted NOX average of the LDV/LLDTs and 
HLDT/MDPVs it certifies to the Tier 2 exhaust requirements and 
separately compute credits using the calculations in this section and in 
Sec. 86.1860-04.
    (3) Early HLDT/MDPV credits may not be applied to LDV/LLDTs before 
the 2009 model year. Early LDV/LLDT credits may not be applied to HLDT/
MDPVs before the 2009 model year.
    (4) Manufacturers may generate early Tier 2 credits from LDVs, LDT1s 
and LDT2s that are certified to a full useful life of 100,000 miles, 
provided that the credits are prorated by a multiplicative factor of 
0.833 (the quotient of 100,000/120,000). Where a manufacturer has both 
100,000 and 120,000 mile full useful life vehicles for which it desires 
to bank early credits, it must compute the credits from each group of 
vehicles separately and then add them together.
    (5) Manufacturers may bank early credits for later use to meet the 
Tier 2 fleet average NOX standard or trade them to another 
manufacturer subject to the restriction in paragraph (c)(3) of this 
section.
    (6) Early credits must not be used to comply with the fleet average 
NOX standards for interim non-Tier 2 vehicles.
    (7) Nothing in this section prevents the use of the NMOG values of 
2003 and earlier model year LDV/LLDTs from being used in calculations of 
the NMOG fleet average and subsequent NMOG credit generation, under 
subpart R of this part.
    (d) Reporting and recordkeeping for Tier 2 NOX credits including 
early credits. Each manufacturer must comply with the reporting and 
recordkeeping requirements of Sec. 86.1862-04.
    (e) Fleet average NOX debits. (1) Manufacturers must offset any 
debits for a given model year by the fleet average NOX 
reporting deadline for the third model year following the model year in 
which the debits were generated as required in Sec. 86.1860.04(e)(2). 
Manufacturers may offset debits by generating credits or acquiring 
credits generated by another manufacturer.
    (2)(i) Failure to meet the requirements of paragraphs (a) through 
(d) of this section and of this paragraph (e), within the required 
timeframe for offsetting debits will be considered to be a failure to 
satisfy the conditions upon which the certificate(s) was issued and the 
individual noncomplying vehicles

[[Page 512]]

not covered by the certificate must be determined according to this 
section.
    (ii) If debits are not offset within the specified time period, the 
number of vehicles not meeting the fleet average NOX 
standards and not covered by the certificate must be calculated by 
dividing the total amount of debits for the model year by the fleet 
average NOX standard applicable for the model year in which 
the debits were first incurred.
    (iii) EPA will determine the vehicles for which the condition on the 
certificate was not satisfied by designating vehicles in those test 
groups with the highest certification NOX emission values 
first and continuing until a number of vehicles equal to the calculated 
number of noncomplying vehicles as determined above is reached. If this 
calculation determines that only a portion of vehicles in a test group 
contribute to the debit situation, then EPA will designate actual 
vehicles in that test group as not covered by the certificate, starting 
with the last vehicle produced and counting backwards.
    (3) If a manufacturer ceases production of LDV/Ts and MDPVs or is 
purchased by, merges with or otherwise combines with another 
manufacturer, the manufacturer continues to be responsible for 
offsetting any debits outstanding within the required time period. Any 
failure to offset the debits will be considered to be a violation of 
paragraph (e)(1) of this section and may subject the manufacturer to an 
enforcement action for sale of vehicles not covered by a certificate, 
pursuant to paragraph (e)(2) of this section.
    (4) For purposes of calculating the statute of limitations, a 
violation of the requirements of paragraph (e)(1) of this section, a 
failure to satisfy the conditions upon which a certificate(s) was issued 
and hence a sale of vehicles not covered by the certificate, all occur 
upon the expiration of the deadline for offsetting debits specified in 
paragraph (e)(1) of this section.
    (f) NOX credit transfers. (1) EPA may reject NOX credit 
transfers if the involved manufacturers fail to submit the credit 
transfer notification in the annual report.
    (2) A manufacturer may not sell credits that are not available for 
sale pursuant to the provisions in paragraphs (a)(2) and (a)(7) of this 
section.
    (3) In the event of a negative credit balance resulting from a 
transaction, both the buyer and seller are liable, except in cases 
involving fraud. EPA may void ab initio the certificates of conformity 
of all engine families participating in such a trade.
    (4)(i) If a manufacturer transfers a credit that it has not 
generated pursuant to paragraph (b) of this section or acquired from 
another party, the manufacturer will be considered to have generated a 
debit in the model year that the manufacturer transferred the credit. 
The manufacturer must offset such debits by the deadline for the annual 
report for that same model year.
    (ii) Failure to offset the debits within the required time period 
will be considered a failure to satisfy the conditions upon which the 
certificate(s) was issued and will be addressed pursuant to paragraph 
(e) of this section.
    (g) Interim non-Tier 2 NOX credits and debits; Interim non-Tier 2 
averaging, banking and trading. Interim non-Tier 2 NOX 
credits must be generated, calculated, tracked, averaged, banked, 
traded, accounted for and reported upon separately from Tier 2 credits. 
The provisions of this section applicable to Tier 2 NOX 
credits and debits and Tier 2 averaging banking and trading are 
applicable to interim non-Tier 2 LDV/LLDTs and interim non-Tier 2 HLDT/
MDPVs with the following exceptions:
    (1) Provisions for early banking under paragraph (c) of this section 
do not apply.
    (2) The fleet average NOX standard used for calculating 
credits is 0.30 grams per mile for interim non-Tier 2 LDV/LLDTs and 0.20 
g/mi for interim non-Tier 2 HLDT/MDPVs. (The interim non-Tier 2 
NOX standard of 0.30 (or 0.20) g/mi replaces 0.07 in the text 
and calculation in this section.)
    (3) Interim non-Tier 2 NOX credit deficits may be carried 
forward for three years subject to the requirements of Sec. 86.1860-
04(e).

[65 FR 6868, Feb. 10, 2000, as amended at 66 FR 19311, Apr. 13, 2001]

[[Page 513]]



Sec. 86.1862-04  Maintenance of records and submittal of information relevant 

to compliance with fleet average NOX standards.

    (a) Maintenance of records. (1) The manufacturer producing any 
light-duty vehicles and/or light-duty trucks subject to the provisions 
in this subpart must establish, maintain, and retain the following 
information in adequately organized and indexed records for each model 
year:
    (i) Model year;
    (ii) Applicable fleet average NOX standard: 0.07g/mi for 
Tier 2 LDV/Ts; 0.30 g/mi for interim non-Tier 2 LDV/LLDTs; or 0.20 g/mi 
for interim non-Tier 2 HLDT/MDPVs;
    (iii) Fleet average NOX value achieved; and
    (iv) All values used in calculating the fleet average NOX 
value achieved.
    (2) The manufacturer producing any LDV/Ts or MDPVs subject to the 
provisions in this subpart must establish, maintain, and retain the 
following information in adequately organized and indexed records for 
each LDV/T or MDPV subject to this subpart:
    (i) Model year;
    (ii) Applicable fleet average NOX standard;
    (iii) EPA test group;
    (iv) Assembly plant;
    (v) Vehicle identification number;
    (vi) NOX standard to which the LDV/T or MDPV is 
certified; and
    (vii) Information on the point of first sale, including the 
purchaser, city, and state.
    (3) The manufacturer must retain all records required to be 
maintained under this section for a period of eight years from the due 
date for the annual report. Records may be retained as hard copy or 
reduced to microfilm, ADP diskettes, and so forth, depending on the 
manufacturer's record retention procedure; provided, that in every case 
all information contained in the hard copy is retained.
    (4) Nothing in this section limits the Administrator's discretion to 
require 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 must submit to the Administrator the information that the 
manufacturer is required to retain.
    (6) EPA may void ab initio a certificate of conformity for a vehicle 
certified to emission standards as set forth or otherwise referenced in 
this subpart for which the manufacturer fails to retain the records 
required in this section or to provide such information to the 
Administrator upon request.
    (b) Reporting. (1) Each covered manufacturer must submit an annual 
report. Except as provided in paragraph (b)(2) of this section, the 
annual report must contain, for each applicable fleet average 
NOX standard, the fleet average NOX value 
achieved, all values required to calculate the NOX value, the 
number of credits generated or debits incurred, and all the values 
required to calculate the credits or debits. The annual report must 
contain the resulting balance of credits or debits.
    (2) When a manufacturer calculates compliance with the fleet average 
NOX standard using the provisions in Sec. 86.1860-04(c)(2), 
then the annual report must state that the manufacturer has elected to 
use such provision and must contain the fleet average NOX 
standard as the fleet average NOX value for that model year.
    (3) For each applicable fleet average NOX standard, the 
annual report must also include documentation on all credit transactions 
the manufacturer has engaged in since those included in the last report. 
Information for each transaction must include:
    (i) Name of credit provider;
    (ii) Name of credit recipient;
    (iii) Date the transfer occurred;
    (iv) Quantity of credits transferred; and
    (v) Model year in which the credits were earned.
    (4) Unless a manufacturer reports the data required by this section 
in the annual production report required under Sec. 86.1844-01(e) and 
subsequent model year provisions, a manufacturer must submit an annual 
report for each model year after production ends for all affected 
vehicles and trucks produced by the manufacturer subject to the 
provisions of this subpart and no later than May 1 of the calendar year 
following the given model year. Annual reports

[[Page 514]]

must be submitted to: Director, Vehicle Programs and Compliance 
Division, U.S. Environmental Protection Agency, 2000 Traverwood, Ann 
Arbor, Michigan 48105.
    (5) Failure by a manufacturer to submit the annual report in the 
specified time period for all vehicles and trucks subject to the 
provisions in this section is a violation of section 203(a)(1) of the 
Clean Air Act for each subject vehicle and truck produced by that 
manufacturer.
    (6) If EPA or the manufacturer determines that a reporting error 
occurred on an annual report previously submitted to EPA, the 
manufacturer's credit or debit calculations will be recalculated. EPA 
may void erroneous credits, unless transferred, and must adjust 
erroneous debits. In the case of transferred erroneous credits, EPA must 
adjust the selling manufacturer's credit or debit balance to reflect the 
sale of such credits and any resulting generation of debits.
    (c) Notice of opportunity for hearing. Any voiding of the 
certificate under paragraph (a)(6) of this section will be made only 
after EPA has offered the manufacturer concerned an opportunity for a 
hearing conducted in accordance with Sec. 86.614 for light-duty 
vehicles or Sec. 86.1014 for light-duty trucks and, if a manufacturer 
requests such a hearing, will be made only after an initial decision by 
the Presiding Officer.

[65 FR 6869, Feb. 10, 2000]



Sec. 86.1863-07  Optional chassis certification for diesel vehicles.

    (a) A manufacturer may optionally certify heavy-duty diesel vehicles 
weighing 14,000 pounds GVWR or less, to the standards specified in Sec. 
86.1816-08. Such vehicles must meet all requirements of subpart S of 
this part that are applicable to Otto-cycle vehicles, except for 
evaporative, refueling, and OBD requirements where the diesel specific 
OBD requirements would apply.
    (b) For OBD, diesel vehicles optionally certified under this section 
are subject to the OBD requirements of Sec. 86.1806-05 and superseding 
sections.
    (c) Diesel vehicles optionally certified under this section may be 
tested using the test fuels, sampling systems, or analytical systems 
specified for diesel engines in subpart N of this part or in 40 CFR part 
1065.
    (d) Diesel vehicles optionally certified under this section may not 
be included in any averaging, banking, or trading program.
    (e) The provisions of Sec. 86.004-40 apply to the engines in 
vehicles certified under this section.
    (f) Diesel vehicles may be certified under this section to the 
standards applicable to model year 2008 prior to model year 2008.
    (g) Diesel vehicles optionally certified under this section in model 
years 2007, 2008, or 2009 shall be included in phase-in calculations 
specified in Sec. 86.007-11(g).

[66 FR 5193, Jan. 18, 2001, as amended at 68 FR 35801, June 17, 2003; 74 
FR 8423, Feb. 24, 2009]



Sec. 86.1864-10  How to comply with the fleet average cold temperature NMHC 

standards.

    (a) Applicability. Cold temperature NMHC exhaust emission standards 
apply to the following vehicles, subject to the phase-in requirements in 
Sec. 86.1811-10(g)(3) and (4):
    (1) 2010 and later model year LDV/LLDTs.
    (2) 2012 and later model year HLDT/MDPVs.
    (3) Aftermarket conversion systems as defined in 40 CFR 85.502, 
including conversion of MDPVs.
    (4) Vehicles imported by ICIs as defined in 40 CFR 85.1502.
    (b) Useful life requirements. Full useful life requirements for cold 
temperature NMHC standards are defined in Sec. 86.1805-04(g). There is 
not an intermediate useful life standard for cold temperature NMHC 
standards.
    (c) Altitude. Altitude requirements for cold temperature NMHC 
standards are provided in Sec. 86.1810-09(f).
    (d) Small volume manufacturer certification procedures. 
Certification procedures for small volume manufacturers are provided in 
Sec. 86.1838-01.
    (e) Cold temperature NMHC standards. Fleet average cold temperature 
NMHC standards are provided in Sec. 86.1811-10(g)(2).

[[Page 515]]

    (f) Phase-in. Phase-in of the cold temperature NMHC standards are 
provided in Sec. 86.1811-10(g)(3) and (4).
    (g) Phase-in flexibilities for small volume manufacturers. Phase-in 
flexibilities for small volume manufacturer compliance with the cold 
temperature NMHC standards are provided in Sec. 86.1811-04(k)(5).
    (h) Hardship provisions for small volume manufacturers. Hardship 
provisions for small volume manufacturers related to the cold 
temperature NMHC standards are provided in Sec. 86.1811-04(q)(1).
    (i) In-use standards for applicable phase-in models. In-use cold 
temperature NMHC standards for applicable phase-in models are provided 
in Sec. 86.1811-10(u).
    (j) Durability procedures and method of determining deterioration 
factors (DFs). The durability data vehicle selection procedures of Sec. 
86.1822-01 and the durability demonstration procedures of Sec. 86.1823-
06 apply for cold temperature NMHC standards. For determining compliance 
with full useful life cold temperature NMHC emission standards, the 68-
86 [deg]F, 120,000 mile full useful life NMOG DF may be used.
    (k) Vehicle test procedure. (1) The test procedure for demonstrating 
compliance with cold temperature NMHC standards is contained in subpart 
C of this part. With prior EPA approval, alternative testing procedures 
may be used, as specified in Sec. 86.106-96(a), provided cold 
temperature NMHC emissions test results are equivalent or superior.
    (2) Testing of all LDVs, LDTs and MDPVs to determine compliance with 
cold temperature NMHC exhaust emission standards set forth in this 
section must be on a loaded vehicle weight (LVW) basis, as defined in 
Sec. 86.1803-01.
    (3) Testing for the purpose of providing certification data is 
required only at low altitude conditions and only for vehicles that can 
operate on gasoline, except as requested in Sec. Sec. 86.1810-09(f) and 
86.1844-01(d)(11). If hardware and software emission control strategies 
used during low altitude condition testing are not used similarly across 
all altitudes for in-use operation, the manufacturer must include a 
statement in the application for certification, in accordance with 
Sec. Sec. 86.1844-01(d)(11) and 86.1810-09(f), stating what the 
different strategies are and why they are used. If hardware and software 
emission control strategies used during testing with gasoline are not 
used similarly with all fuels that can be used in multi-fuel vehicles, 
the manufacturer will include a statement in the application for 
certification, in accordance with Sec. Sec. 86.1844-01(d)(11) and 
86.1810-09(f), stating what the different strategies are and why they 
are used. For example, unless a manufacturer states otherwise, air pumps 
used to control emissions on dedicated gasoline vehicles or multi-fuel 
vehicles during low altitude conditions must also be used to control 
emissions at high altitude conditions, and software used to control 
emissions or closed loop operation must also operate similarly at low 
and high altitude conditions and similarly when multi-fueled vehicles 
are operated on gasoline and alternate fuels. These examples are for 
illustrative purposes only; similar strategies would apply to other 
currently used emission control technologies and/or emerging or future 
technologies.
    (l) Emission data vehicle (EDV) selection. Provisions for selecting 
the appropriate EDV for the cold temperature NMHC standards are provided 
in Sec. Sec. 86.1828-10(g) and 86.1829-01(b)(3).
    (m) Calculating the fleet average cold temperature NMHC standard. 
Manufacturers must compute separate sales-weighted fleet average cold 
temperature NMHC emissions at the end of the model year for LDV/LLDTs 
and HLDT/MDPVs, using actual sales, and certifying test groups to FELs, 
as defined in Sec. 86.1803-01. The FEL becomes the standard for each 
test group, and every test group can have a different FEL. The 
certification resolution for the FEL will be 0.1 grams/mile. LDVs and 
LLDTs must be grouped together when calculating the fleet average, and 
HLDTs and MDPVs must also be grouped together to determine the fleet 
average. Manufacturers must compute the sales-weighted cold temperature 
NMHC fleet averages using the following equation, rounded to the nearest 
0.1 grams/mile:

Fleet average cold temperature NMHC exhaust emissions (grams/mile) = 
    [Sigma](N

[[Page 516]]

    x FEL) / Total number of vehicles sold of the applicable weight 
    category (i.e., either LDV + LLDTs, or HLDT + MDPVs)
Where:
N = The number of LDVs and LLDTs, or HLDTs and MDPVs, sold within the 
applicable FEL, based on vehicles counted to the point of first sale.
FEL = Family Emission Limit (grams/mile).

    (n) Certification compliance and enforcement requirements for cold 
temperature NMHC standards. (1) Compliance and enforcement requirements 
are provided in Sec. 86.1864-10 and Sec. 86.1848-10(c)(8).
    (2) The certificate issued for each test group requires all vehicles 
within that test group to meet the emission standard or FEL to which the 
vehicles were certified.
    (3) Each manufacturer must comply with the applicable cold 
temperature NMHC fleet average standard on a sales-weighted average 
basis, at the end of each model year, using the procedure described in 
paragraph (m) of this section.
    (4) During a phase-in year, the manufacturer must comply with the 
applicable cold temperature NMHC fleet average standard for the required 
phase-in percentage for that year as specified in Sec. 86.1811-10(g)(3) 
or (4).
    (5) Manufacturers must compute separate cold temperature NMHC fleet 
averages for LDV/LLDTs and HLDT/MDPVs. The sales-weighted cold 
temperature NMHC fleet averages must be compared with the applicable 
fleet average standard.
    (6) Each manufacturer must comply on an annual basis with the fleet 
average standards as follows:
    (i) Manufacturers must report in their annual reports to the Agency 
that they met the relevant corporate average standard by showing that 
their sales-weighted average cold temperature NMHC emissions of LDV/
LLDTs and HLDT/MDPVs, as applicable, are at or below the applicable 
fleet average standard;
    (ii) If the sales-weighted average is above the applicable fleet 
average standard, manufacturers must obtain and apply sufficient NMHC 
credits as permitted under paragraph (o)(8) of this section. A 
manufacturer must show via the use of credits that they have offset any 
exceedence of the corporate average standard. Manufacturers must also 
include their credit balances or deficits.
    (iii) If a manufacturer fails to meet the corporate average cold 
temperature NMHC standard for two consecutive years, the vehicles 
causing the corporate average exceedence will be considered not covered 
by the certificate of conformity (see paragraph (o)(8) of this section). 
A manufacturer will be subject to penalties on an individual-vehicle 
basis for sale of vehicles not covered by a certificate.
    (iv) EPA will review each manufacturer's sales to designate the 
vehicles that caused the exceedence of the corporate average standard. 
EPA will designate as nonconforming those vehicles in test groups with 
the highest certification emission values first, continuing until 
reaching a number of vehicles equal to the calculated number of 
noncomplying vehicles as determined above. In a group where only a 
portion of vehicles would be deemed nonconforming, EPA will determine 
the actual nonconforming vehicles by counting backwards from the last 
vehicle produced in that test group. Manufacturers will be liable for 
penalties for each vehicle sold that is not covered by a certificate.
    (o) Requirements for the cold temperature NMHC averaging, banking 
and trading (ABT) program. (1) Manufacturers must average the cold 
temperature NMHC emissions of their vehicles and comply with the cold 
temperature NMHC fleet average corporate standard. Manufacturers may 
generate credits during and after the phase-in period. Manufacturers may 
generate credits prior to the phase-in periods as described in paragraph 
(o)(5) of this section. A manufacturer whose cold temperature NMHC fleet 
average emissions exceed the applicable standard must complete the 
calculation in paragraph (o)(4) of this section to determine the size of 
its NMHC credit deficit. A manufacturer whose cold temperature NMHC 
fleet average emissions are less than the applicable standard must 
complete the calculation in paragraph (o)(4) of this section to generate 
NMHC credits.

[[Page 517]]

    (2) There are no property rights associated with NMHC credits 
generated under this subpart. Credits are a limited authorization to 
emit the designated amount of emissions. Nothing in this part or any 
other provision of law should be construed to limit EPA's authority to 
terminate or limit this authorization through a rulemaking.
    (3) Each manufacturer must comply with the reporting and 
recordkeeping requirements of paragraph (p) of this section for NMHC 
credits, including early credits. The averaging, banking and trading 
program is enforceable through the certificate of conformity that allows 
the manufacturer to introduce any regulated vehicles into commerce.
    (4) Credits are earned on the last day of the model year. 
Manufacturers must calculate, for a given model year, the number of 
credits or debits it has generated according to the following equation, 
rounded to the nearest 0.1 grams/mile:

NMHC Credits or Debits = (Cold Temperature NMHC Standard--Manufacturer's 
    Sales-Weighted Fleet Average Cold Temperature NMHC Emissions) x 
    (Total Number of Vehicles Sold)

Where:

Cold Temperature NMHC Standard = 0.3 grams/mile for LDV/LLDTs or 0.5 
grams/mile for HLDT/MDPV, per Sec. 86.1811-10(g)(2).
Manufacturer's Sales-Weighted Fleet Average Cold Temperature NMHC 
Emissions = average calculated according to paragraph (m) of this 
section.
Total Number of Vehicles Sold = Total 50-State sales based on the point 
of first sale.

    (5) The following provisions apply for early banking:
    (i) Manufacturers may certify LDV/LLDTs to the cold temperature NMHC 
exhaust standards in Sec. 86.1811-10(g)(2) for model years 2008-2009 to 
bank credits for use in the 2010 and later model years. Manufacturers 
may certify HLDT/MDPVs to the cold temperature NMHC exhaust standards in 
Sec. 86.1811-10(g)(2) for model years 2010-2011 to bank credits for use 
in the 2012 and later model years.
    (ii) This process is referred to as ``early banking'' and the 
resultant credits are referred to as ``early credits.'' To bank early 
credits, a manufacturer must comply with all exhaust emission standards 
and requirements applicable to LDV/LLDTs and/or HLDT/MDPVs. To generate 
early credits, a manufacturer must separately compute the sales-weighted 
cold temperature NMHC average of the LDV/LLDTs and HLDT/MDPVs it 
certifies to the exhaust requirements and separately compute credits 
using the calculations in paragraph (o)(4) of this section. Early HLDT/
MDPV credits may not be applied to LDV/LLDTs before the 2010 model year. 
Early LDV/LLDT credits may not be applied to HLDT/ MDPV before the 2012 
model year.
    (6) NMHC credits are not subject to any discount or expiration date 
except as required under the deficit carryforward provisions of 
paragraph (o)(8) of this section. There is no discounting of unused 
credits. NMHC credits have unlimited lives, subject to the limitations 
of paragraph (o)(2) of this section.
    (7) Credits may be used as follows:
    (i) Credits generated and calculated according to the method in 
paragraph (o)(4) of this section may be used only to offset deficits 
accrued with respect to the standard in Sec. 86.1811-10(g)(2). Credits 
may be banked and used in a future model year in which a manufacturer's 
average cold temperature NMHC level exceeds the applicable standard. 
Credits may be exchanged between the LDT/LLDT and HLDT/MDPV fleets of a 
given manufacturer. Credits may also be traded to another manufacturer 
according to the provisions in paragraph (o)(9) of this section. Before 
trading or carrying over credits to the next model year, a manufacturer 
must apply available credits to offset any credit deficit, where the 
deadline to offset that credit deficit has not yet passed.
    (ii) The use of credits shall not be permitted to address Selective 
Enforcement Auditing or in-use testing failures. The enforcement of the 
averaging standard occurs through the vehicle's certificate of 
conformity. A manufacturer's certificate of conformity is conditioned 
upon compliance with the averaging provisions. The certificate will be 
void ab initio if a manufacturer fails to meet the corporate average

[[Page 518]]

standard and does not obtain appropriate credits to cover its shortfalls 
in that model year or in the subsequent model year (see deficit 
carryforward provision in paragraph (o)(8) of this section). 
Manufacturers must track their certification levels and sales unless 
they produce only vehicles certified to cold temperature NMHC levels 
below the standard and do not plan to bank credits.
    (8) The following provisions apply if debits are accrued:
    (i) If a manufacturer calculates that it has negative credits (also 
called ``debits'' or a ``credit deficit'') for a given model year, it 
may carry that deficit forward into the next model year. Such a carry-
forward may only occur after the manufacturer exhausts any supply of 
banked credits. At the end of that next model year, the deficit must be 
covered with an appropriate number of credits that the manufacturer 
generates or purchases. Any remaining deficit is subject to an 
enforcement action, as described in this paragraph (o)(8). Manufacturers 
are not permitted to have a credit deficit for two consecutive years.
    (ii) If debits are not offset within the specified time period, the 
number of vehicles not meeting the fleet average cold temperature NMHC 
standards (and therefore not covered by the certificate) must be 
calculated by dividing the total amount of debits for the model year by 
the fleet average cold temperature NMHC standard applicable for the 
model year in which the debits were first incurred.
    (iii) EPA will determine the number of vehicles for which the 
condition on the certificate was not satisfied by designating vehicles 
in those test groups with the highest certification cold temperature 
NMHC emission values first and continuing until reaching a number of 
vehicles equal to the calculated number of noncomplying vehicles as 
determined above. If this calculation determines that only a portion of 
vehicles in a test group contribute to the debit situation, then EPA 
will designate actual vehicles in that test group as not covered by the 
certificate, starting with the last vehicle produced and counting 
backwards.
    (iv)(A) If a manufacturer ceases production of LDV/LLDTs and HLDT/
MDPVs, the manufacturer continues to be responsible for offsetting any 
debits outstanding within the required time period. Any failure to 
offset the debits will be considered a violation of paragraph (o)(8)(i) 
of this section and may subject the manufacturer to an enforcement 
action for sale of vehicles not covered by a certificate, pursuant to 
paragraphs (o)(8)(ii) and (iii) of this section.
    (B) If a manufacturer is purchased by, merges with, or otherwise 
combines with another manufacturer, the controlling entity is 
responsible for offsetting any debits outstanding within the required 
time period. Any failure to offset the debits will be considered a 
violation of paragraph (o)(8)(i) of this section and may subject the 
manufacturer to an enforcement action for sale of vehicles not covered 
by a certificate, pursuant to paragraphs (o)(8)(ii) and (iii) of this 
section.
    (v) For purposes of calculating the statute of limitations, a 
violation of the requirements of paragraph (o)(8)(i) of this section, a 
failure to satisfy the conditions upon which a certificate(s) was issued 
and hence a sale of vehicles not covered by the certificate, all occur 
upon the expiration of the deadline for offsetting debits specified in 
paragraph (o)(8)(i) of this section.
    (9) The following provisions apply to NMHC credit trading:
    (i) EPA may reject NMHC credit trades if the involved manufacturers 
fail to submit the credit trade notification in the annual report. A 
manufacturer may not sell credits that are not available for sale 
pursuant to the provisions in paragraphs (o)(7)(i) of this section.
    (ii) In the event of a negative credit balance resulting from a 
transaction that a manufacturer could not cover by the reporting 
deadline for the model year in which the trade occurred, both the buyer 
and seller are liable, except in cases involving fraud. EPA may void ab 
initio the certificates of conformity of all engine families 
participating in such a trade.
    (iii) A manufacturer may only trade credits that it has generated 
pursuant

[[Page 519]]

to paragraph (o)(4) of this section or acquired from another party.
    (p) Maintenance of records and submittal of information relevant to 
compliance with fleet average cold temperature NMHC standards--(1) 
Maintenance of records. (i) Manufacturers producing any light-duty 
vehicles, light-duty trucks, or medium-duty passenger vehicles subject 
to the provisions in this subpart must establish, maintain, and retain 
all the following information in adequately organized records for each 
model year:
    (A) Model year.
    (B) Applicable fleet average cold temperature NMHC standards.
    (C) Fleet average cold temperature NMHC value.
    (D) All values used in calculating the fleet average cold 
temperature NMHC value.
    (ii) Manufacturers producing any light-duty vehicles, light-duty 
trucks, or medium-duty passenger vehicles subject to the provisions in 
this subpart must establish, maintain, and retain all the following 
information in adequately organized records for each LDV/T or MDPV 
subject to this subpart:
    (A) Model year.
    (B) Applicable fleet average cold temperature NMHC standard.
    (C) EPA test group.
    (D) Assembly plant.
    (E) Vehicle identification number.
    (F) Cold temperature NMHC FEL to which the LDV, LDT, or MDPV is 
certified.
    (G) Information on the point of first sale, including the purchaser, 
city, and state.
    (iii) Manufacturers must retain all required records for a period of 
eight years from the due date for the annual report. Records may be 
stored in any format and on any media, as long as manufacturers can 
promptly send EPA organized, written records in English if we ask for 
them. Manufacturers must keep records readily available as EPA may 
review them at any time.
    (iv) The Administrator may require the manufacturer to retain 
additional records or submit information not specifically required by 
this section.
    (v) Pursuant to a request made by the Administrator, the 
manufacturer must submit to the Administrator the information that the 
manufacturer is required to retain.
    (vi) EPA may void ab initio a certificate of conformity for vehicles 
certified to emission standards as set forth or otherwise referenced in 
this subpart for which the manufacturer fails to retain the records 
required in this section or to provide such information to the 
Administrator upon request.
    (2) Reporting. (i) Each covered manufacturer must submit an annual 
report. The annual report must contain for each applicable cold 
temperature NMHC standard, the calculated fleet average cold temperature 
NMHC value, all values required to calculate the cold temperature NMHC 
emissions value, the number of credits generated or debits incurred, all 
the values required to calculate the credits or debits, the resulting 
balance of credits or debits, and sufficient information to show 
compliance with all phase-in or alternate phase-in requirements.
    (ii) For each applicable fleet average cold temperature NMHC 
standard, the annual report must also include documentation on all 
credit transactions the manufacturer has engaged in since those included 
in the last report. Information for each transaction must include all of 
the following:
    (A) Name of credit provider.
    (B) Name of credit recipient.
    (C) Date the trade occurred.
    (D) Quantity of credits traded.
    (E) Model year in which the credits were earned.
    (iii) Unless a manufacturer reports the data required by this 
section in the annual production report required under Sec. 86.1844-
01(e), a manufacturer must submit an annual report for each model year 
after production ends for all affected vehicles produced by the 
manufacturer subject to the provisions of this subpart and no later than 
May 1 of the calendar year following the given model year. Annual 
reports must be submitted to: Director, Compliance and Innovative 
Strategies Division, U.S. Environmental Protection Agency, 2000 
Traverwood, Ann Arbor, Michigan 48105.

[[Page 520]]

    (iv) Failure by a manufacturer to submit the annual report in the 
specified time period for all vehicles subject to the provisions in this 
section is a violation of section 203(a)(1) of the Clean Air Act (42 
U.S.C. 7522 (a)(1)) for each applicable vehicle produced by that 
manufacturer.
    (v) If EPA or the manufacturer determines that a reporting error 
occurred on an annual report previously submitted to EPA, the 
manufacturer's credit or debit calculations will be recalculated. EPA 
may void erroneous credits, unless traded, and will adjust erroneous 
debits. In the case of traded erroneous credits, EPA must adjust the 
selling manufacturer's credit balance to reflect the sale of such 
credits and any resulting credit deficit.
    (3) Notice of opportunity for hearing. Any revoking of the 
certificate under paragraph (p)(1)(vi) of this section will be made only 
after EPA has offered the affected manufacturer an opportunity for a 
hearing conducted in accordance with Sec. 86.614-84 for light-duty 
vehicles or Sec. 86.1014-84 for light-duty trucks and, if a 
manufacturer requests such a hearing, will be made only after an initial 
decision by the Presiding Officer.

[72 FR 8567, Feb. 26, 2007]



Sec. Appendix I to Subpart S of Part 86--Vehicle Procurement Methodology

    I. Test Sampling: The master owner list will be obtained from 
manufacturer records or owner registration lists. The list shall include 
all vehicle configurations of the target reality check test group within 
the selected mailing area. The mailing area shall be within a radius of 
at least 20 miles from the test site.
    II. Selection Guidelines: The manufacturer or their representative 
shall make a reasonable effort to contact potential participants. 
Solicitation letters will be sent to potential participants in the order 
of their appearance on a randomized master owner list. The manufacturer 
or their representative shall perform the following steps:
    (a) The manufacturer or their representative shall mail solicitation 
letters in batches. The size of each batch is at least five times the 
required number of vehicles to be tested for the group that year. First 
class mail shall be used.
    (b) If the response rate is less than 20% after two to four weeks, 
the manufacturer or their representative shall make one more attempt and 
send a new solicitation package to the potential participants who have 
not yet responded.
    (c) A telephone questionnaire will be conducted on a random 
selection of returned, positive-response postcards.
    (d) If the required number of vehicles is not obtained, additional 
solicitation letters shall be sent to the next batch of potential 
participants in the order of their appearance on a randomized master 
owner list until the required number of vehicles are procured.
    (e) Alternative selection methods may be used with advanced approval 
from the Administrator.
    III. Vehicles Not Available: Vehicles may not be available or will 
not be pursued for procurement for the following reasons:
    (a) The potential participant response indicates ``not willing to 
participate.''
    (b) The customer has moved out of the area.
    (c) The solicitation letter is undeliverable.
    (d) The customer did not respond after two attempts.
    (e) The vehicle is not in the appropriate mileage or age category.



 Sec. Appendix II to Subpart S of Part 86--As-Received Testing Vehicle 
                           Rejection Criteria

    1. The odometer is inoperative, has been replaced, or the indicated 
mileage is outside the target range.
    2. The emission system of the vehicle has been obviously tampered or 
the vehicle has been operated on leaded fuel. A manufacturer may request 
a vehicle be rejected because of the addition of an aftermarket security 
system if the manufacturer establishes that the installation would make 
that vehicle's emissions unrepresentative.
    3. The vehicle has been used for severe duty (trailer towing for 
passenger cars, snow plowing, racing)
    4. The vehicle has a history of extensive collision damage or major 
engine repair (piston, crank, cylinder head, engine block).
    5. The vehicle exhibits ominous noises or serious fluid leaks from 
the engine or transmission, a modified exhaust system, (headers, side 
pipes, aftermarket catalysts, etc) or an exhaust system with an audible 
leak.
    6. Testing the vehicle could endanger the safety of the vehicle, 
test facility, or individuals conducting the testing.
    7. The MIL light is flashing (severe misfire indication).
    8. Other items with prior agency approval.



    Sec. Appendix III to Subpart S of Part 86--As-Received Inspection

    Items to be recorded at time of Initial Inspection of Vehicle--

1. Date of Inspection
3. Test Group

[[Page 521]]

4. Evaporative/refueling Family
5. Vehicle model
6. Odometer Reading
7. Build Date
8. MIL light on/off status
9. Readiness code status
10. Stored OBD codes
11.Any conditions referenced in appendix II to this subpart which result 
in vehicle being rejected from program.



Subpart T_Manufacturer-Run In-Use Testing Program for Heavy-Duty Diesel 
                                 Engines

    Source: 70 FR 34619, June 14, 2005, unless otherwise noted.



Sec. 86.1901  What testing requirements apply to my engines that have gone 

into service?

    (a) If you manufacture diesel heavy-duty engines above 8500 lbs. 
GVWR that are subject to engine-based exhaust emission standards under 
this part, you must test them as described in this subpart. You must 
measure all emissions listed in Sec. 86.1910(d) other than PM beginning 
in calendar year 2005 and you must measure PM emissions beginning in 
calendar year 2006. See Sec. Sec. 86.1930 and 86.1935 for special 
provisions that may apply to manufacturers in the early years of this 
program.
    (b) We may void your certificate of conformity for an engine family 
if you do not meet your obligations under this subpart. We may also void 
individual tests and require you to retest those vehicles or take other 
appropriate measures in instances where you have not performed the 
testing in accordance with the requirements described in this subpart.
    (c) In this subpart, the term ``you'' refers to the certificate-
holder for any engines subject to the requirements of this subpart.
    (d) In this subpart, round means to round numbers according to NIST 
Special Publication 811(incorporated by reference in Sec. 86.1).



Sec. 86.1905  How does this program work?

    (a) You must test in-use engines from the families we select. We may 
select the following number of engine families for testing, except as 
specified in paragraph (b) of this section:
    (1) We may select up to 25 percent of your engine families in any 
calendar year, calculated by dividing the number of engine families you 
certified in the model year corresponding to the calendar year by four 
and rounding to the nearest whole number. We will consider only engine 
families with annual U.S.-directed production volumes above 1,500 units 
in calculating the number of engine families subject to testing each 
calendar year under the annual 25 percent engine family limit. In 
addition, for model year 2007 through 2009, identical engine families 
that are split into two subfamilies under Sec. 86.007-15(m)(9) will 
count as only one engine family. If you have only three or fewer 
families that each exceed an annual U.S.-directed production volume of 
1,500 units, or if you have no engine families above this limit, we may 
select one engine family per calendar year for testing.
    (2) Over any four-year period, we will not select more than the 
average number of engine families that you have certified over that 
four-year period (the model year when the selection is made and the 
preceding three model years), based on rounding the average value to the 
nearest whole number.
    (b) If there is clear evidence of a nonconformity with regard to an 
engine family, we may select that engine family without counting it as a 
selected engine family under paragraph (a) of this section. We will 
consult with you in reaching a conclusion whether clear evidence of a 
nonconformity exists for any engine family. In general, there is clear 
evidence of a nonconformity regarding an engine family under this 
subpart in any of the following cases:
    (1) The engine family was not remedied but is a carry-over from an 
engine family you tested under this subpart and was subsequently 
remedied based at least in part on the Phase 1 or Phase 2 testing 
outcomes described in Sec. 86.1915.
    (2) The engine family was not remedied but is a carry-over from an 
engine family that was remedied based on an EPA in-use testing program.
    (c) We may select any individual engine family for testing, 
regardless of its production volume, as long as we do

[[Page 522]]

not select more than the number of engine families described in 
paragraph (a) of this section. We may select an engine family from the 
current model year or any previous model year, except that we will not 
select any engine families from model years before 2007 beginning in the 
following calendar years:
    (1) 2007 for all emissions testing other than PM testing.
    (2) 2009 for PM testing.
    (d) You must complete all the required testing and reporting under 
this subpart within 18 months after we direct you to test a particular 
engine family. We will typically select engine families for testing and 
notify you in writing by June 30 of the applicable calendar year. You 
may ask for up to six months longer to complete Phase 2 testing if there 
is a reasonable basis for needing more time. In very unusual 
circumstances you may request an additional six months to complete Phase 
2 testing.
    (e) If you make a good-faith effort to access enough test vehicles 
to complete Phase 1 or Phase 2 testing requirements under this subpart 
for an engine family, but are unable to do so, you must ask us either to 
modify the testing requirements for the selected engine family or, in 
the case of Phase 1 testing, to select a different engine family.
    (f) After you complete the in-use testing requirements for an engine 
family that we selected for testing in a given calendar year, we may 
select that same family in a later year to evaluate the engine family's 
compliance closer to the end of its useful life. This would count as an 
additional engine-family selection under paragraph (a) of this section, 
except as described in paragraph (b) of this section.
    (g) For any communication related to this subpart, contact the 
Engine Programs Group Manager (6405-J), U.S. Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.

[70 FR 34619, June 14, 2005, as amended at 73 FR 13450, Mar. 13, 2008]



Sec. 86.1908  How must I select and screen my in-use engines?

    (a) Once we direct you to do testing under this subpart, you must 
make arrangements to select test vehicles and engines that meet the 
following criteria:
    (1) The engines must be representative of the engine family.
    (2) The usage of the vehicles must be representative of typical 
usage for the vehicles' particular application.
    (3) The vehicles come from at least two independent sources.
    (4) The key vehicle/engine systems (e.g., power train, drive train, 
emission control) have been properly maintained and used.
    (5) The engines have not been tampered with, rebuilt or undergone 
major repair that could be expected to affect emissions.
    (6) The engines have not been misfueled. For example, an engine may 
be considered misfueled if operated on a biodiesel fuel blend that is 
either not listed as allowed or otherwise indicated to be an 
unacceptable fuel in the vehicle's owner or operator manual.
    (7) The engines do not have an illuminated MIL or stored OBD trouble 
code that lead you to reject the vehicle from the test program as 
described in Sec. 86.1910(b)(2).
    (8) The vehicles are likely to operate for at least three hours 
(excluding idle) over a complete shift-day, as described in Sec. 
86.1910(g).
    (9) The vehicles have not exceeded the applicable useful life, in 
miles or years (see subpart A of this part); you may otherwise not 
exclude engines from testing based on their age or mileage.
    (10) The vehicle has appropriate space for safe and proper mounting 
of the PEMS equipment.
    (b) You must keep any records of a vehicle's maintenance and use 
history you obtain from the owner or operator, as required by Sec. 
86.1925. You must report the engine's maintenance and use history and 
information related to the OBD system, as described in Sec. 86.1920.
    (c) You must notify us before rejecting a candidate vehicle for 
reasons other than failing to meet the acceptance criteria in paragraph 
(a) of this

[[Page 523]]

section. A candidate vehicle is any prospective vehicle you have 
identified to potentially fulfill your testing requirements under this 
subpart. Include your reasons for rejecting each vehicle. If an owner 
declines to participate in the test program, you may reject the vehicle 
without prior notification. Such a rejection must be reported as 
described in Sec. 86.1920. We may allow you to replace the rejected 
vehicle with another candidate vehicle to meet your testing requirements 
for the specific engine family.
    (d) You must report when, how, and why you reject candidate 
vehicles, as described in Sec. 86.1920.



Sec. 86.1910  How must I prepare and test my in-use engines?

    (a) You must limit maintenance to what is in the owners manual for 
engines with that amount of service and age. For anything we consider an 
adjustable parameter (see Sec. Sec. 86.094-21(b)(1)(ii) and 86.094-
22(e)), you may adjust that parameter only if it is outside of its 
adjustable range. You must then set the adjustable parameter to the mid-
point of its adjustable range or your recommended setting, unless we 
approve your request to do otherwise. You must receive permission from 
us before adjusting anything not considered to be an adjustable 
parameter. You must keep records of all maintenance and adjustments, as 
required by Sec. 86.1925. You must send us these records, as described 
in Sec. 86.1920(b)(3)(x), unless we instruct you not to send them.
    (b) You may treat a vehicle with an illuminated MIL or stored 
trouble code as follows:
    (1) If the length of MIL illumination or trouble code storage is 
consistent with proper maintenance and use, either test the prospective 
test vehicle as received or repair the vehicle before testing. If you 
elect to repair the vehicle/engine, but ultimately determine that 
repairs cannot be completed in a timely manner, you may reject the 
vehicle from the test program and replace it with another vehicle. If 
you repair or reject the vehicle, you must describe the MIL or trouble 
code information in your report under Sec. 86.1920.
    (2) If the length of MIL illumination or trouble code storage is 
inconsistent with proper maintenance and use, either test the 
prospective test vehicle as received, repair the vehicle before testing, 
or reject the vehicle from the test program and replace it with another 
vehicle. If you repair or reject the vehicle, you must describe the MIL 
or trouble code information in your report under Sec. 86.1920.
    (3) If a MIL is illuminated or a trouble code is set during an in-
use test, do one of the following:
    (i) Stop the test, repair the vehicle, and restart the testing. In 
this case, only the portion of the full test results without the MIL 
illuminated or trouble code set would be used in the vehicle-pass 
determination as described in Sec. 86.1912. Describe the MIL or trouble 
code information in your report under Sec. 86.1920.
    (ii) Stop the test, repair the vehicle, and initiate a new test. In 
this case, only the post-repair test results would be used in the 
vehicle-pass determination as described in Sec. 86.1912. Describe the 
MIL or trouble code information in your report under Sec. 86.1920.
    (iii) If three hours of non-idle operation have been accumulated 
prior to the time a MIL is illuminated or trouble code set, stop the 
test and use the accumulated test results in the vehicle-pass 
determination as described in Sec. 86.1912.
    (iv) If three hours of non-idle operation have not been accumulated 
prior to the time a MIL is illuminated or trouble code is set, and you 
elect to repair the vehicle/engine, but ultimately determine that 
repairs cannot be completed in a timely manner, you may reject the 
vehicle from the test program and replace it with another vehicle. If 
you repair or reject the vehicle, you must describe the MIL or trouble 
code information in your report under Sec. 86.1920.
    (c) Use appropriate fuels for testing, as follows:
    (1) You may use any diesel fuel that meets the specifications for 
No. 2-D S500 or No. 2-D S15 in ASTM D 975 (incorporated by reference in 
Sec. 86.1), as required in the calendar year that in-use testing 
occurs.

[[Page 524]]

    (2) You may use any biodiesel fuel blend that is either expressly 
allowed or not otherwise indicated as an unacceptable fuel in the 
vehicle's owner or operator manual or in the engine manufacturer's 
published fuel recommendations.
    (3) You may drain a prospective test vehicle's fuel tank(s) and 
refill the tank(s) with diesel fuel conforming to ASTM D 975 
specifications described in paragraph (c)(1) of this section.
    (4) Any fuel that is added to the fuel tank(s) of a prospective test 
vehicle, or during an in-use test, must be purchased at a local retail 
establishment near the site of vehicle procurement or screening, or 
along the test route. Alternatively, the fuel may be drawn from a 
central fueling source, provided that the fuel used is representative of 
that which is commercially available in the area where the vehicle is 
operated.
    (5) No post-refinery fuel additives are allowed, except that one or 
more specific fuel additives may be used during in-use testing if you 
can document that the owner/operator of the prospective test vehicle has 
a history of normally using the fuel treatment(s), and the fuel 
additive(s) is not prohibited in the vehicle's owner or operator manual 
or in the engine manufacturer's published fuel-additive recommendations.
    (6) You may take fuel samples from test vehicles to ensure that 
appropriate fuels were used during in-use testing. If a vehicle fails 
the vehicle-pass criteria and you can show that an inappropriate fuel 
was used during the failed test, that particular test may be voided. You 
may drain the vehicle's fuel tank(s) and refill the tank(s) with diesel 
fuel conforming to the ASTM D 975 specifications described in paragraph 
(c)(1) of this section. You must report any fuel tests that are the 
basis of voiding a test in your report under Sec. 86.1920.
    (d) You must test the selected engines while they remain installed 
in the vehicle. Use portable emission-sampling equipment and field-
testing procedures referenced in Sec. 86.1375. Measure emissions of 
THC, NMHC (by any method specified in 40 CFR part 1065, subpart J), CO, 
NOX, PM (as appropriate), O2, and CO2.
    (e) For Phase 1 testing, you must test the engine under conditions 
reasonably expected to be encountered during normal vehicle operation 
and use consistent with the general NTE requirements described in Sec. 
86.1370-2007(a). For the purposes of this subpart, normal operation and 
use would generally include consideration of the vehicle's normal routes 
and loads (including auxiliary loads such as air conditioning in the 
cab), normal ambient conditions, and the normal driver.
    (f) For Phase 2 testing, we may give specific directions, as 
described in Sec. 86.1915(c)(2).
    (g) Once an engine is set up for testing, test the engine for at 
least one shift-day. To complete a shift-day's worth of testing, start 
sampling at the beginning of a shift and continue sampling for the whole 
shift, subject to the calibration requirements of the portable emissions 
measurement systems. A shift-day is the period of a normal workday for 
an individual employee. If the first shift-day of testing does not 
involve at least 3 hours of accumulated non-idle operation, repeat the 
testing for a second shift-day. If the second shift-day of testing also 
does not result in at least 3 hours of accumulated non-idle operation, 
you may choose whether or not to continue testing with that vehicle. If 
after two shift-days you discontinue testing before accumulating 3 hours 
of non-idle operation on either day, evaluate the valid NTE samples as 
described in Sec. 86.1912 and include the data in the reporting and 
record keeping requirements specified in Sec. Sec. 86.1920 and 86.1925. 
Count the engine toward meeting your testing requirements under this 
subpart and use the data for deciding whether additional engines must be 
tested under the applicable Phase 1 or Phase 2 test plan.
    (h) You have the option to test longer than the two shift-day period 
described in paragraph (g) of this section.
    (i) You may count a vehicle as meeting the vehicle-pass criteria 
described in Sec. 86.1912 if a shift day of testing or two-shift days 
of testing (with the requisite non-idle/idle operation time as in 
paragraph (g) of this section), or if the extended testing you elected 
under paragraph (h) of this section does not

[[Page 525]]

generate a single valid NTE sampling event, as described in Sec. 
86.1912(b). Count the engine towards meeting your testing requirements 
under this subpart.
    (j) You may ask us to waive measurement of particular emissions if 
you can show that in-use testing for such emissions is not necessary.



Sec. 86.1912  How do I determine whether an engine meets the vehicle-pass 

criteria?

    In general, the average emissions for each regulated pollutant must 
remain at or below the NTE threshold in paragraph (a) of this section 
for at least 90 percent of the valid NTE sampling events, as defined in 
paragraph (b) of this section. For 2007 through 2009 model year engines, 
the average emissions from every NTE sampling event must also remain 
below the NTE thresholds in paragraph (f)(2) of this section. Perform 
the following steps to determine whether an engine meets the vehicle-
pass criteria:
    (a) Determine the NTE threshold for each pollutant subject to an NTE 
standard by adding all three of the following terms and rounding the 
result to the same number of decimal places as the applicable NTE 
standard:
    (1) The applicable NTE standard.
    (2) The in-use compliance testing margin specified in Sec. 86.007-
11(h), if any.
    (3) An accuracy margin for portable in-use equipment when testing is 
performed under the special provisions of Sec. 86.1930, depending on 
the pollutant, as follows:
    (i) NMHC: 0.17 grams per brake horsepower-hour.
    (ii) CO: 0.60 grams per brake horsepower-hour.
    (iii) NOX: 0.50 grams per brake horsepower-hour.
    (iv) PM: 0.10 grams per brake horsepower-hour.
    (v) NOX + NMHC: 0.67 grams per brake horsepower-hour.
    (4) Accuracy margins for portable in-use equipment when testing is 
not performed under the special provisions of Sec. 86.1930 for 2007 
through 2009 model year engine families that are selected for testing in 
any calendar year as follows:
    (i) NMHC using the emission calculation method specified in 40 CFR 
1065.650(a)(1): 0.02 grams per brake horsepower-hour.
    (ii) NMHC using the emission calculation method specified in 40 CFR 
1065.650(a)(3): 0.01 grams per brake horsepower-hour.
    (iii) NMHC using an alternative emission calculation method as 
approved by the Administrator under 40 CFR 1065.915(d)(5)(iv): 0.01 
grams per brake horsepower-hour.
    (iv) CO using the emission calculation method specified in 40 CFR 
1065.650(a)(1): 0.5 grams per brake horsepower-hour.
    (v) CO using the emission calculation method specified in 40 CFR 
1065.650(a)(3): 0.25 grams per brake horsepower-hour.
    (vi) CO using an alternative emission calculation method as approved 
by the Administrator under 40 CFR 1065.915(d)(5)(iv): 0.25 grams per 
brake horsepower-hour.
    (vii) NOX using the emission calculation method specified 
in 40 CFR 1065.650(a)(1): 0.45 grams per brake horsepower-hour.
    (viii) NOX using the emission calculation method 
specified in 40 CFR 1065.650(a)(3): 0.15 grams per brake horsepower-
hour.
    (ix) NOX using an alternative emission calculation method 
as approved by the Administrator under 40 CFR 1065.915(d)(5)(iv): 0.15 
grams per brake horsepower-hour.
    (x) NOX + NMHC using the emission calculation method 
specified in 40 CFR 1065.650(a)(1): 0.47 grams per brake horsepower-
hour.
    (xi) NOX + NMHC using the emission calculation method 
specified in 40 CFR 1065.650(a)(3): 0.16 grams per brake horsepower-
hour.
    (xii) NOX + NMHC using an alternative emission 
calculation method as approved by the Administrator under 40 CFR 
1065.915(d)(5)(iv): 0.16 grams per brake horsepower-hour.
    (xiii) PM: To be determined by rulemaking as indicated in Sec. 
86.1935.
    (5) Accuracy margins for portable in-use equipment when testing is 
not performed under the special provisions of Sec. 86.1930 for 2010 or 
later model year engines families that are selected for testing in any 
calendar year as follows:

[[Page 526]]

    (i) NMHC using any emission calculation method specified in 40 CFR 
1065.650(a) or an alternative emission calculation method as approved by 
the Administrator under 40 CFR 1065.915(d)(5)(iv): 0.01 grams per brake 
horsepower-hour.
    (ii) CO using any emission calculation method specified in 40 CFR 
1065.650(a) or an alternative emission calculation method as approved by 
the Administrator under 40 CFR 1065.915(d)(5)(iv): 0.25 grams per brake 
horsepower-hour.
    (iii) NOX using any emission calculation method specified 
in 40 CFR 1065.650(a) or an alternative emission calculation method as 
approved by the Administrator under 40 CFR 1065.915(d)(5)(iv): 0.15 
grams per brake horsepower-hour.
    (iv) PM: To be determined by rulemaking as indicated in Sec. 
86.1935.
    (b) For the purposes of this subpart, a valid NTE sampling event 
consists of at least 30 seconds of continuous operation in the NTE 
control area. An NTE event begins when the engine starts to operate in 
the NTE control area and continues as long as engine operation remains 
in this area (see Sec. 86.1370). When determining a valid NTE sampling 
event, exclude all engine operation in approved NTE limited testing 
regions under Sec. 86.1370-2007(b)(6) and any approved NTE deficiencies 
under Sec. 86.007-11(a)(4)(iv). Engine operation in the NTE control 
area of less than 30 contiguous seconds does not count as a valid NTE 
sampling event; operating periods of less than 30 seconds in the NTE 
control area, but outside of any allowed deficiency area or limited 
testing region, will not be added together to make a 30 second or longer 
event. Exclude any portion of a sampling event that would otherwise 
exceed the 5.0 percent limit for the time-weighted carve-out defined in 
Sec. 86.1370-2007(b)(7). For EGR-equipped engines, exclude any 
operation that occurs during the cold-temperature operation defined by 
the equations in Sec. 86.1370-2007(f)(1).
    (c) Calculate the average emission level for each pollutant over 
each valid NTE sampling event as specified in 40 CFR part 1065, subpart 
G, using each NTE event as an individual test interval. This should 
include valid NTE events from all days of testing.
    (d) Calculate a time-weighted vehicle-pass ratio (Rpass) 
for each pollutant. To do this, first sum the time from each valid NTE 
sampling event whose average emission level is at or below the NTE 
threshold for that pollutant, then divide this value by the sum of the 
engine operating time from all valid NTE events for that pollutant. 
Round the resulting vehicle-pass ratio to two decimal places.
    (1) Calculate the time-weighted vehicle-pass ratio for each 
pollutant as follows:
[GRAPHIC] [TIFF OMITTED] TR14JN05.001

Where:

npass = the number of valid sampling events for which the 
average emission level is at or below the NTE threshold.
ntotal = the total number of valid NTE sampling events.

    (2) For both the numerator and the denominator of the vehicle-pass 
ratio, use the smallest of the following values for determining the 
duration, t, of any NTE sampling event:
    (i) The measured time in the NTE control area that is valid for an 
NTE sampling event.
    (ii) 600 seconds.
    (iii) 10 times the length of the shortest valid NTE sampling event 
for all testing with that engine.
    (e) The following example illustrates how to select the duration of 
NTE sampling events for calculations, as described in paragraph (d) of 
this section:

----------------------------------------------------------------------------------------------------------------
                                                                                                   Duration used
                                                 Duration of                                            in
                  NTE sample                     NTE sample         Duration Limit Applied?        calculations
                                                  (seconds)                                          (seconds)
----------------------------------------------------------------------------------------------------------------
1............................................              45  No...............................              45
2............................................             168  No...............................             168
3............................................             605  Yes. Use 10 times shortest valid              450
                                                                NTE..

[[Page 527]]

 
4............................................             490  Yes. Use 10 times shortest valid              450
                                                                NTE..
5............................................              65  No...............................              65
----------------------------------------------------------------------------------------------------------------

    (f) Engines meet the vehicle-pass criteria under this section if 
they meet both of the following criteria:
    (1) The vehicle-pass ratio calculated according to paragraph (d) of 
this section must be at least 0.90 for each pollutant.
    (2) For model year 2007 through 2009 engines, emission levels from 
every valid NTE sampling event must be less than 2.0 times the NTE 
thresholds calculated according to paragraph (a) of this section for all 
pollutants, except that engines certified to a NOX FEL at or 
below 0.50 g/bhp-hr may meet the vehicle-pass criteria for 
NOX if measured NOX emissions from every valid NTE 
sample are less than either 2.0 times the NTE threshold for 
NOX or 2.0 g/bhp-hr, whichever is greater.

[70 FR 34619, June 14, 2005, as amended at 73 FR 13450, Mar. 13, 2008]



Sec. 86.1915  What are the requirements for Phase 1 and Phase 2 testing?

    For all selected engine families, you must do the following:
    (a) To determine the number of engines you must test from each 
selected engine family under Phase 1 testing, use the following 
criteria:
    (1) Start by measuring emissions from five engines using the 
procedures described in Sec. 86.1375. If all five engines comply fully 
with the vehicle-pass criteria in Sec. 86.1912 for all pollutants, you 
may stop testing. This completes your testing requirements under this 
subpart for the applicable calendar year for that engine family.
    (2) If one of the engines tested under paragraph (a)(1) of this 
section fails to comply fully with the vehicle-pass criteria in Sec. 
86.1912 for one or more pollutants, test one more engine. If this 
additional engine complies fully with the vehicle-pass criteria in Sec. 
86.1912 for all pollutants, you may stop testing. This completes your 
testing requirements under this subpart for the applicable calendar year 
for that engine family.
    (3) If your testing results under paragraphs (a)(1) and (2) of this 
section do not satisfy the criteria for completing your testing 
requirements under those paragraphs for all pollutants, test four 
additional engines so you have tested a total of ten engines.
    (4) An engine that fails to fully comply with the vehicle-pass 
criteria in Sec. 86.1912 for any pollutant does not comply with the 
vehicle-pass criteria in Sec. 86.1912 for the purposes of determining 
the number of engines to test from each selected engine family under 
this paragraph.
    (b) For situations where a total of ten engines must be tested under 
paragraph (a)(3) of this section, the results of Phase 1 testing lead to 
the following outcomes:
    (1) If at least eight of the ten engines comply fully with the 
vehicle-pass criteria in Sec. 86.1912 for all pollutants, you may stop 
testing. This completes your testing requirements under this subpart for 
the applicable calendar year for that engine family.
    (2) If six or seven vehicles from the Phase 1 sample of test 
vehicles comply fully with the vehicle-pass criteria in Sec. 86.1912 
for all pollutants, then you must engage in follow-up discussions with 
us to determine whether any further testing (including Phase 2 testing), 
data submissions, or other actions may be warranted.
    (3) If fewer than six of the ten engines tested under paragraph (a) 
of this section comply fully with the vehicle-pass criteria in Sec. 
86.1912 for all pollutants, we may require you to initiate Phase 2 
testing, as described in paragraph (c) of this section.
    (4) You may under any circumstances elect to conduct Phase 2 testing 
following the completion of Phase 1 testing. All the provisions of 
paragraph (c) of this section apply to this Phase 2 testing.
    (c) If you perform Phase 2 testing for any reason, test your engines 
as follows:

[[Page 528]]

    (1) You must test ten additional engines using the test procedures 
described in Sec. 86.1375, unless we require you to test fewer 
vehicles.
    (2) We may give you any of the following additional directions in 
selecting and testing engines:
    (i) We may require you to select a certain subset of your engine 
family. This may include, for example, engines within a specific power 
range, engines used in particular applications, or engines installed in 
vehicles from a particular manufacturer.
    (ii) We may direct you to test engines in a way that simulates the 
type of driving and ambient conditions associated with high emissions 
experienced during Phase 1 testing.
    (iii) We may direct you to test engines in a specific state or any 
number of contiguous states.
    (iv) We may direct you to select engines from the same sources used 
for previous testing, or from different sources.
    (v) We may require that you complete your testing and reporting 
under Phase 2 within a certain period. This period may not be shorter 
than three months and must allow a reasonable amount of time to identify 
and test enough vehicles. We would generally expect this testing to be 
completed within the overall time period specified in Sec. 86.1905(d).



Sec. 86.1917  How does in-use testing under this subpart relate to the 

emission-related warranty in Section 207(a)(1) of the Clean Air Act?

    (a) An exceedance of the NTE found through the in-use testing 
program under this subpart is not by itself sufficient to show a breach 
of warranty under Clean Air Act section 207(a)(1) (42 U.S.C. 
7541(a)(1)). A breach of warranty would also require one of the 
following things:
    (1) That, at the time of sale, the engine or vehicle was designed, 
built, and equipped in a manner that does not conform in all material 
respects reasonably related to emission controls to the engine as 
described in the application for certification and covered by the 
certificate; or
    (2) A defect in materials or workmanship of a component causes the 
vehicle or engine to fail to conform to the applicable regulations for 
its useful life.
    (b) To the extent that in-use NTE testing does not reveal such a 
material deficiency at the time of sale in the design or manufacture of 
an engine compared with the certified engine, or a defect in the 
materials and workmanship of a component or part, test results showing 
an exceedance of the NTE by itself would not show a breach of the 
warranty under 42 U.S.C. 7541(a)(1).



Sec. 86.1920  What in-use testing information must I report to EPA?

    (a) Send us electronic reports at [email protected] using an approved 
information format. If you want to use a different format, send us a 
written request with justification.
    (b) Within 30 days after the end of each calendar quarter, send us 
reports containing the test data from each engine for which testing was 
completed during the calendar quarter. Alternatively, you may separately 
send us the test data within 30 days after you complete testing for an 
engine. Once you send us information under this section, you need not 
send that information again in later reports. Prepare your test reports 
as follows:
    (1) For each engine family, describe how you recruited vehicles. 
Describe how you used any criteria or thresholds to narrow your search 
or to screen individual vehicles.
    (2) Include a summary of the candidate vehicles you have rejected 
and the reasons you rejected them, whether you base the rejection on the 
criteria in Sec. 86.1908(a) or anything else. If you rejected a 
candidate vehicle due to misfueling, included the results of any fuel 
sample tests.
    (3) For the test vehicle, include the following background 
information:
    (i) The EPA engine-family designation, and the engine's model 
number, total displacement, and power rating.
    (ii) The applicable test phase (Phase 1 or Phase 2).
    (iii) The date EPA selected the engine family for testing.
    (iv) The vehicle's make and model and the year it was built.
    (v) The vehicle identification number and engine serial number.

[[Page 529]]

    (vi) The vehicle's type or application (such as delivery, line haul, 
or dump truck). Also, identify the type of trailer, if applicable.
    (vii) The vehicle's maintenance and use history.
    (viii) The known status history of the vehicle's OBD system and any 
actions the owner or operator took to address OBD trouble codes or MIL 
illumination over the vehicle's lifetime.
    (ix) Any OBD codes or MIL illumination that occur after you accept 
the vehicle for in-use testing under this subpart.
    (x) Any steps you take to maintain, adjust, modify, or repair the 
vehicle or its engine to prepare for or continue testing, including 
actions to address OBD trouble codes or MIL illumination. Include any 
steps you took to drain and refill the vehicle's fuel tank(s) to correct 
misfueling, and the results of any fuel test conducted to identify 
misfueling.
    (4) For each test, include the following data and measurements:
    (i) The date and time of testing, and the test number.
    (ii) Shift-days of testing (see Sec. 86.1910 (g)), duration of 
testing, and the total hours of non-idle operation.
    (iii) Route and location of testing. You may base this description 
on the output from a global-positioning system.
    (iv) The steps you took to ensure that vehicle operation during 
testing was consistent with normal operation and use, as described in 
Sec. 86.1910(e).
    (v) Fuel test results, if fuel was tested under Sec. 86.1908 or 
Sec. 86.1910.
    (vi) The vehicle's mileage at the start of the test. Include the 
engine's total lifetime hours of operation, if available.
    (vii) Ambient temperature, dewpoint, and atmospheric pressure at the 
start and finish of each valid NTE event.
    (viii) The number of valid NTE events (see Sec. 86.1912(b)).
    (ix) Average emissions for each pollutant over each valid NTE event. 
Describe the method you used to determine NMHC as specified in 40 CFR 
part 1065, subpart J. See appendix I of this subpart for an example of 
graphically summarizing NTE emission results.
    (x) Exhaust-flow measurements.
    (xi) Vehicle-pass ratios (see Sec. 86.1912(d)).
    (xii) Recorded one-hertz test data, including, but not limited to, 
the following parameters:
    (A) Ambient temperature.
    (B) Ambient pressure.
    (C) Ambient humidity.
    (D) Altitude.
    (E) Emissions of THC, NMHC, CO, CO2 or O2, 
NOX, and PM (as appropriate). Report results for 
CH4 if it was measured and used to determine NMHC.
    (F) Differential back-pressure of any PEMS attachments to vehicle 
exhaust.
    (G) Exhaust flow.
    (H) Exhaust aftertreatment temperatures, if the engine meets the 
specifications of Sec. 86.1370-2007(g).
    (I) Engine speed.
    (J) Engine brake torque.
    (K) Engine coolant temperature.
    (L) Intake manifold temperature.
    (M) Intake manifold pressure.
    (N) Throttle position.
    (O) Any parameter sensed or controlled in order to modulate the 
emission-control system or fuel-injection timing.
    (5) For each engine family, identify the applicable requirements, as 
follows:
    (i) The applicable NTE thresholds.
    (ii) Vehicle and engine information needed to identify the limited 
testing regions under Sec. 86.1370-2007(b)(6) and (7).
    (iii) Vehicle and engine information needed to identify any approved 
NTE deficiencies under Sec. 86.007-11(a)(4)(iv).
    (6) Include the following summary information after you complete 
testing with the engine:
    (i) State whether the engine meets the vehicle-pass criteria in 
Sec. 86.1912(f).
    (ii) Identify how many engines you have tested from the applicable 
engine family and how many engines still need to be tested.
    (iii) Identify how many engines from an engine family have passed 
the vehicle-pass criteria and the number that have failed the vehicle-
pass criteria (see Sec. 86.1912(f)).
    (iv) If possible, state the outcome of Phase 1 testing for the 
engine family based on the criteria in Sec. 86.1915(b).
    (c) In your reports under this section, you must do all the 
following:

[[Page 530]]

    (1) Include results from all emission testing required under this 
subpart.
    (2) Describe if any testing or evaluations were conducted to 
determine why a vehicle failed the vehicle-pass criteria in Sec. 
86.1912.
    (3) Describe the purpose of any diagnostic procedures you conduct.
    (4) Describe any instances in which the OBD system illuminated the 
MIL or set trouble codes. Also describe any approved actions taken to 
address the trouble codes or MIL.
    (5) Describe any instances of misfueling, the approved actions taken 
to address the problem, and the results of any associated fuel sample 
testing.
    (6) Describe any incomplete or invalid tests that were conducted 
under this subpart.
    (d) Send us an electronic notification at [email protected] describing 
any voluntary vehicle/engine emission evaluation testing you intend to 
conduct with portable in-use measurement systems on the same engine 
families that are being tested under this subpart, from the time that 
engine family was selected for in-use testing under Sec. 86.1905 until 
the final results of all testing for that engine family are reported to 
us under this section.
    (e) Send us an electronic notification at application-ci--
[email protected] within 15 days after your initial review of the test data 
for a selected engine family indicates that three engines in Phase 1 
testing have failed to comply with the vehicle-pass criteria. Similarly, 
send us an electronic notification at the above electronic address 
within 3 days after your initial review of the test data for a selected 
engine family indicates that any engine in Phase 2 testing failed to 
comply with the vehicle-pass criteria.
    (f) We may ask you to send us less information in your reports than 
we specify in this section.
    (g) We may require you to send us more information to evaluate 
whether your engine family meets the requirements of this part, or to 
help inform potential decisions concerning Phase 2 testing under Sec. 
86.1915.



Sec. 86.1925  What records must I keep?

    (a) Organize and maintain your records as described in this section. 
We may review your records at any time, so it is important to keep 
required information readily available.
    (b) Keep the following paper or electronic records of your in-use 
testing for five years after you complete all the testing required for 
an engine family:
    (1) Keep a copy of the reports described in Sec. 86.1920.
    (2) Keep any additional records, including forms you create, related 
to any of the following:
    (i) The procurement and vehicle-selection process described in Sec. 
86.1908, including the vehicle owner's name, address, phone number, and 
e-mail address.
    (ii) Pre-test maintenance and adjustments to the engine performed 
under Sec. 86.1910.
    (iii) Test results for all void, incomplete, and voluntary testing 
described in Sec. 86.1920.
    (iv) Evaluations to determine why a vehicle failed the vehicle-pass 
criteria described in Sec. 86.1912.
    (3) Keep a copy of the relevant calibration results required by 40 
CFR part 1065.



Sec. 86.1930  What special provisions apply from 2005 through 2009?

    (a) We may direct you to test engines under this subpart for 
emissions other than PM in 2005 and 2006, and for PM emissions in 2007 
and 2008. In those interim periods, all the provisions of this subpart 
apply, with the following exceptions:
    (1) We will select engine families for testing of emissions other 
than PM only when the manufacturer's Statement of Compliance 
specifically describes the family as being designed to comply with NTE 
requirements.
    (2) If you participate in the test program described in Sec. 
86.1935(a), you may limit your testing under Phase 1 to a maximum of 
five vehicles per selected engine family.
    (3) We will not direct you to do the Phase 2 testing in Sec. 
86.1915(c), regardless of measured emission levels.
    (4) For purposes of calculating the NTE thresholds under Sec. 
86.1912(a) for any 2006 and earlier model year engine that is not 
subject to the emission standards in Sec. 86.007-11, determine the 
applicable NTE standards as follows:

[[Page 531]]

    (i) If any numerical NTE requirements specified in the terms of any 
consent decree apply to the engine family, use those values as the NTE 
standards for testing under this subpart.
    (ii) If a numerical NTE requirement is not specified in a consent 
decree for the engine family, the NTE standards are 1.25 times the 
applicable FELs or the applicable emission standards specified in Sec. 
86.004-11(a)(1) or Sec. 86.098-11(a)(1).
    (5) In the report required in Sec. 86.1920(b), you must submit the 
deficiencies and limited testing region reports (see Sec. Sec. 86.007-
11(a)(4)(iv) and 86.1370-2007(b)(6) and (7)) for 2006 and earlier model 
year engines tested under this section.
    (6) Testing under this section may be extended as described in Sec. 
86.1935(d).
    (7) You must complete all the required testing and reporting under 
this subpart by the following dates:
    (i) November 30, 2007 for engine families that we designate for non-
PM testing in 2005.
    (ii) November 30, 2008 for engine families that we designate for 
non-PM testing in 2006.
    (iii) May 31, 2010 for engine families that we designate for PM 
testing in 2007.
    (iv) September 30, 2010 for engine families we designate for PM 
testing in 2008.
    (b) For 2007 through 2009 all the provisions of this subpart and 
paragraph (a) of this section apply, with the following additional 
exceptions:
    (1) You must complete all the required testing and reporting under 
this subpart by the following dates:
    (i) November 30, 2009 for engine families that we designate for non-
PM testing in 2007.
    (ii) March 31, 2010 for engine families that we designate for non-PM 
testing in 2008.
    (iii) April 30, 2011 for engine families that we designate for non-
PM and PM testing in 2009.
    (2) You may conduct non-PM and PM testing on different vehicles for 
engine families that we designate in 2007 and 2008.
    (3) You may conduct PM testing as follows for 2007:
    (i) Test vehicles may be selected from a vehicle fleet that you own 
or otherwise directly control.
    (ii) Test vehicles may be operated by a driver that you employ.
    (iii) Each test vehicle must be operated on a route and under 
operating conditions that reasonably replicate the use of the selected 
vehicle type when operated in typical revenue service, unless otherwise 
approved by us.

[70 FR 34619, June 14, 2005, as amended at 73 FR 13451, Mar. 13, 2008]



Sec. 86.1935  What special provisions may apply as a consequence of a delay in 

the particulate matter accuracy margin report for portable emission 

measurement systems?

    (a) A memorandum entitled, ``Memorandum of Agreement, Program to 
Develop Emission Measurement Accuracy Margins for Heavy-Duty In-Use 
Testing'' describes a test program for establishing measurement accuracy 
margins related to testing under Sec. 86.1912(a)(4) which will be used 
for testing under this subpart. This document is available at http://
www.epa.gov/otaq/hd-hwy.htm or at the mailing address specified in Sec. 
86.1905(g).
    (b) If there is a delay in receiving the written final report for PM 
emissions described in the agreement referenced in paragraph (a) of this 
section, and that delay is not attributable to engine manufacturers 
failing to meet their commitments under that agreement, the following 
provisions apply:
    (1) If the delay is 3 months or less, we will delay the designation 
of engine families for testing in the applicable calendar year, as 
described in Sec. 86.1905(d), by the same number of additional whole 
months (rounded up) needed to complete the report.
    (2) If the delay is more than 3 months but less than 12 months, we 
may continue to designate engine families for testing under the special 
provisions described in Sec. 86.1930 for an additional year.
    (3) If the delay is longer than 12 months, the following approach is 
established for the applicable calendar year:
    (i) If the delay is longer than 12 months but less than 15 months, 
we

[[Page 532]]

will follow the steps described in paragraph (b)(1) of this section.
    (ii) If the delay is longer than 15 months, but, less than 24 
months, we will follow the steps described in paragraph (b)(2) of this 
section, for the applicable calendar year.
    (iii) If the delay is longer than 24 months, the emission testing 
program will go into abeyance.
    (c) If one or more engine manufacturers fail to meet commitments 
under the agreement described in paragraph (a) of this section and such 
a failure results in a delay in the final written report for PM 
emissions described in the agreement, the following provisions apply:
    (1) If the delay is 3 months or less, we will delay the designation 
of engine families for testing in the applicable calendar year, as 
described in Sec. 86.1905(d), by the same number of additional whole 
months (rounded up) needed to complete the report.
    (2) If the delay is more than 3 months but less than 12 months, the 
provisions of this subpart will not apply for the otherwise applicable 
calendar year, subject to the following provisions:
    (i) We may identify the number of engine families that would 
otherwise have been designated for testing in that calendar year for the 
delayed pollutant type and direct manufacturers to test that number of 
engine families under the special provisions described in Sec. 86.1930 
and additionally in any later calendar year once the provisions of this 
subpart begin for that pollutant type, without counting those 
accumulated engine families toward the allowable annual cap on the 
number of engine families specified in Sec. 86.1905.
    (ii) The normal 18-month period for testing and reporting results 
specified in Sec. 86.1905(d) is extended to 24 months for any 
accumulated engine-family designation described in paragraph (c)(2)(i) 
of this section. The additional time extensions for testing and 
reporting results as specified in Sec. 86.1905(d) also apply.
    (3) If the delay is longer than 12 months, the following approach is 
established for the applicable calendar year.
    (i) If the delay is longer than 12 months but less than 15 months, 
we will follow the steps described in paragraph (c)(1) of this section.
    (ii) If the delay is longer than 15 months, but less than 24 months, 
we will follow the steps described in paragraph (c)(2) of this section 
for the applicable calendar year.
    (iii) If the delay is longer than 24 months, we will continue to 
follow the steps described in paragraphs (c)(1) and (c)(2) of this 
section, including the accumulation of engine families for testing until 
the report is received and the fully implemented program commences.
    (d) We may determine that any individual manufacturer's failure 
under paragraph (c) of this section constitutes a failure by all engine 
manufacturers.
    (e) Nothing in this section affects our ability to select engines 
from any model year beginning with model year 2007, or for gaseous 
emission testing.
    (f) If we determine that fundamental technical problems with 
portable in-use PM measurement systems are not resolvable in a 
reasonable time, the provisions of this subpart, as they apply to PM, 
will go into abeyance until we determine that suitable emission-
measurement devices are available for in-use testing.
    (g) Engine manufacturers contributing to the test programs described 
in the agreement referenced in paragraph (a) of this section may limit 
their testing under the special provisions described in Sec. 86.1930 to 
five engines in each selected engine family.

[73 FR 13451, Mar. 13, 2008]



 Sec. Appendix I to Subpart T--Sample Graphical Summary of NTE Emission 
                                 Results

    The following figure shows an example of a graphical summary of NTE 
emission results:

[[Page 533]]

[GRAPHIC] [TIFF OMITTED] TR14JN05.002



         Sec. Appendix I to Part 86--Urban Dynamometer Schedules

    (a) EPA Urban Dynamometer Driving Schedule for Light-Duty Vehicles 
and Light-Duty Trucks.

                                              EPA Urban Dynamometer
                                                Driving Schedule
                                          [Speed versus Time Sequence]
----------------------------------------------------------------------------------------------------------------
                                       Speed                             Speed                            Speed
            Time (sec.)              (m.p.h.)        Time (sec.)       (m.p.h.)       Time (sec.)       (m.p.h.)
----------------------------------------------------------------------------------------------------------------
0..................................       0.0  1.....................       0.0  2....................       0.0
3..................................       0.0  4.....................       0.0  5....................       0.0
6..................................       0.0  7.....................       0.0  8....................       0.0
9..................................       0.0  10....................       0.0  11...................       0.0
12.................................       0.0  13....................       0.0  14...................       0.0
15.................................       0.0  16....................       0.0  17...................       0.0
18.................................       0.0  19....................       0.0  20...................       0.0
21.................................       3.0  22....................       5.9  23...................       8.6
24.................................      11.5  25....................      14.3  26...................      16.9
27.................................      17.3  28....................      18.1  29...................      20.7
30.................................      21.7  31....................      22.4  32...................      22.5
33.................................      22.1  34....................      21.5  35...................      20.9
36.................................      20.4  37....................      19.8  38...................      17.0
39.................................      14.9  40....................      14.9  41...................      15.2
42.................................      15.5  43....................      16.0  44...................      17.1
45.................................      19.1  46....................      21.1  47...................      22.7
48.................................      22.9  49....................      22.7  50...................      22.6
51.................................      21.3  52....................      19.0  53...................      17.1
54.................................      15.8  55....................      15.8  56...................      17.7
57.................................      19.8  58....................      21.6  59...................      23.2
60.................................      24.2  61....................      24.6  62...................      24.9
63.................................      25.0  64....................      24.6  65...................      24.5
66.................................      24.7  67....................      24.8  68...................      24.7
69.................................      24.6  70....................      24.6  71...................      25.1
72.................................      25.6  73....................      25.7  74...................      25.4
75.................................      24.9  76....................      25.0  77...................      25.4
78.................................      26.0  79....................      26.0  80...................      25.7
81.................................      26.1  82....................      26.7  83...................      27.5
84.................................      28.6  85....................      29.3  86...................      29.8
87.................................      30.1  88....................      30.4  89...................      30.7
90.................................      30.7  91....................      30.5  92...................      30.4
93.................................      30.3  94....................      30.4  95...................      30.8
96.................................      30.4  97....................      29.9  98...................      29.5
99.................................      29.8  100...................      30.3  101..................      30.7
102................................      30.9  103...................      31.0  104..................      30.9
105................................      30.4  106...................      29.8  107..................      29.9
108................................      30.2  109...................      30.7  110..................      31.2
111................................      31.8  112...................      32.2  113..................      32.4

[[Page 534]]

 
114................................      32.2  115...................      31.7  116..................      28.6
117................................      25.3  118...................      22.0  119..................      18.7
120................................      15.4  121...................      12.1  122..................       8.8
123................................       5.5  124...................       2.2  125..................       0.0
126................................       0.0  127...................       0.0  128..................       0.0
129................................       0.0  130...................       0.0  131..................       0.0
132................................       0.0  133...................       0.0  134..................       0.0
135................................       0.0  136...................       0.0  137..................       0.0
138................................       0.0  139...................       0.0  140..................       0.0
141................................       0.0  142...................       0.0  143..................       0.0
144................................       0.0  145...................       0.0  146..................       0.0
147................................       0.0  148...................       0.0  149..................       0.0
150................................       0.0  151...................       0.0  152..................       0.0
153................................       0.0  154...................       0.0  155..................       0.0
156................................       0.0  157...................       0.0  158..................       0.0
159................................       0.0  160...................       0.0  161..................       0.0
162................................       0.0  163...................       0.0  164..................       3.3
165................................       6.6  166...................       9.9  167..................      13.2
168................................      16.5  169...................      19.8  170..................      22.2
171................................      24.3  172...................      25.8  173..................      26.4
174................................      25.7  175...................      25.1  176..................      24.7
177................................      25.0  178...................      25.2  179..................      25.4
180................................      25.8  181...................      27.2  182..................      26.5
183................................      24.0  184...................      22.7  185..................      19.4
186................................      17.7  187...................      17.2  188..................      18.1
189................................      18.6  190...................      20.0  191..................      22.2
192................................      24.5  193...................      27.3  194..................      30.5
195................................      33.5  196...................      36.2  197..................      37.3
198................................      39.3  199...................      40.5  200..................      42.1
201................................      43.5  202...................      45.1  203..................      46.0
204................................      46.8  205...................      47.5  206..................      47.5
207................................      47.3  208...................      47.2  209..................      47.0
210................................      47.0  211...................      47.0  212..................      47.0
213................................      47.0  214...................      47.2  215..................      47.4
216................................      47.9  217...................      48.5  218..................      49.1
219................................      49.5  220...................      50.0  221..................      50.6
222................................      51.0  223...................      51.5  224..................      52.2
225................................      53.2  226...................      54.1  227..................      54.6
228................................      54.9  229...................      55.0  230..................      54.9
231................................      54.6  232...................      54.6  233..................      54.8
234................................      55.1  235...................      55.5  236..................      55.7
237................................      56.1  238...................      56.3  239..................      56.6
240................................      56.7  241...................      56.7  242..................      56.5
243................................      56.5  244...................      56.5  245..................      56.5
246................................      56.5  247...................      56.5  248..................      56.4
249................................      56.1  250...................      55.8  251..................      55.1
252................................      54.6  253...................      54.2  254..................      54.0
255................................      53.7  256...................      53.6  257..................      53.9
258................................      54.0  259...................      54.1  260..................      54.1
261................................      53.8  262...................      53.4  263..................      53.0
264................................      52.6  265...................      52.1  266..................      52.4
267................................      52.0  268...................      51.9  269..................      51.7
270................................      51.5  271...................      51.6  272..................      51.8
273................................      52.1  274...................      52.5  275..................      53.0
276................................      53.5  277...................      54.0  278..................      54.9
279................................      55.4  280...................      55.6  281..................      56.0
282................................      56.0  283...................      55.8  284..................      55.2
285................................      54.5  286...................      53.6  287..................      52.5
288................................      51.5  289...................      51.5  290..................      51.5
291................................      51.1  292...................      50.1  293..................      50.0
294................................      50.1  295...................      50.0  296..................      49.6
297................................      49.5  298...................      49.5  299..................      49.5
300................................      49.1  301...................      48.6  302..................      48.1
303................................      47.2  304...................      46.1  305..................      45.0
306................................      43.8  307...................      42.6  308..................      41.5
309................................      40.3  310...................      38.5  311..................      37.0
312................................      35.2  313...................      33.8  314..................      32.5
315................................      31.5  316...................      30.6  317..................      30.5
318................................      30.0  319...................      29.0  320..................      27.5
321................................      24.8  322...................      21.5  323..................      20.1
324................................      19.1  325...................      18.5  326..................      17.0
327................................      15.5  328...................      12.5  329..................      10.8
330................................       8.0  331...................       4.7  332..................       1.4
333................................       0.0  334...................       0.0  335..................       0.0
336................................       0.0  337...................       0.0  338..................       0.0
339................................       0.0  340...................       0.0  341..................       0.0
342................................       0.0  343...................       0.0  344..................       0.0
345................................       0.0  346...................       0.0  347..................       1.0
348................................       4.3  349...................       7.6  350..................      10.9
351................................      14.2  352...................      17.3  353..................      20.0
354................................      22.5  355...................      23.7  356..................      25.2
357................................      26.6  358...................      28.1  359..................      30.0
360................................      30.8  361...................      31.6  362..................      32.1
363................................      32.8  364...................      33.6  365..................      34.5
366................................      34.6  367...................      34.9  368..................      34.8
369................................      34.5  370...................      34.7  371..................      35.5
372................................      36.0  373...................      36.0  374..................      36.0
375................................      36.0  376...................      36.0  377..................      36.0
378................................      36.1  379...................      36.4  380..................      36.5
381................................      36.4  382...................      36.0  383..................      35.1
384................................      34.1  385...................      33.5  386..................      31.4
387................................      29.0  388...................      25.7  389..................      23.0
390................................      20.3  391...................      17.5  392..................      14.5
393................................      12.0  394...................       8.7  395..................       5.4
396................................       2.1  397...................       0.0  398..................       0.0
399................................       0.0  400...................       0.0  401..................       0.0
402................................       0.0  403...................       2.6  404..................       5.9
405................................       9.2  406...................      12.5  407..................      15.8
408................................      19.1  409...................      22.4  410..................      25.0
411................................      25.6  412...................      27.5  413..................      29.0
414................................      30.0  415...................      30.1  416..................      30.0
417................................      29.7  418...................      29.3  419..................      28.8
420................................      28.0  421...................      25.0  422..................      21.7
423................................      18.4  424...................      15.1  425..................      11.8
426................................       8.5  427...................       5.2  428..................       1.9
429................................       0.0  430...................       0.0  431..................       0.0
432................................       0.0  433...................       0.0  434..................       0.0
435................................       0.0  436...................       0.0  437..................       0.0
438................................       0.0  439...................       0.0  440..................       0.0
441................................       0.0  442...................       0.0  443..................       0.0
444................................       0.0  445...................       0.0  446..................       0.0
447................................       0.0  448...................       3.3  449..................       6.6
450................................       9.9  451...................      13.2  452..................      16.5
453................................      19.8  454...................      23.1  455..................      26.4
456................................      27.8  457...................      29.1  458..................      31.5
459................................      33.0  460...................      33.6  461..................      34.8
462................................      35.1  463...................      35.6  464..................      36.1
465................................      36.0  466...................      36.1  467..................      36.2
468................................      36.0  469...................      35.7  470..................      36.0
471................................      36.0  472...................      35.6  473..................      35.5
474................................      35.4  475...................      35.2  476..................      35.2
477................................      35.2  478...................      35.2  479..................      35.2
480................................      35.2  481...................      35.0  482..................      35.1
483................................      35.2  484...................      35.5  485..................      35.2
486................................      35.0  487...................      35.0  488..................      35.0
489................................      34.8  490...................      34.6  491..................      34.5
492................................      33.5  493...................      32.0  494..................      30.1
495................................      28.0  496...................      25.5  497..................      22.5
498................................      19.8  499...................      16.5  500..................      13.2
501................................      10.3  502...................       7.2  503..................       4.0
504................................       1.0  505...................       0.0  506..................       0.0
507................................       0.0  508...................       0.0  509..................       0.0
510................................       0.0  511...................       1.2  512..................       3.5
513................................       5.5  514...................       6.5  515..................       8.5
516................................       9.6  517...................      10.5  518..................      11.9
519................................      14.0  520...................      16.0  521..................      17.7
522................................      19.0  523...................      20.1  524..................      21.0
525................................      22.0  526...................      23.0  527..................      23.8

[[Page 535]]

 
528................................      24.5  529...................      24.9  530..................      25.0
531................................      25.0  532...................      25.0  533..................      25.0
534................................      25.0  535...................      25.0  536..................      25.6
537................................      25.8  538...................      26.0  539..................      25.6
540................................      25.2  541...................      25.0  542..................      25.0
543................................      25.0  544...................      24.4  545..................      23.1
546................................      19.8  547...................      16.5  548..................      13.2
549................................       9.9  550...................       6.6  551..................       3.3
552................................       0.0  553...................       0.0  554..................       0.0
555................................       0.0  556...................       0.0  557..................       0.0
558................................       0.0  559...................       0.0  560..................       0.0
561................................       0.0  562...................       0.0  563..................       0.0
564................................       0.0  565...................       0.0  566..................       0.0
567................................       0.0  568...................       0.0  569..................       3.3
570................................       6.6  571...................       9.9  572..................      13.0
573................................      14.6  574...................      16.0  575..................      17.0
576................................      17.0  577...................      17.0  578..................      17.5
579................................      17.7  580...................      17.7  581..................      17.5
582................................      17.0  583...................      16.9  584..................      16.6
585................................      17.0  586...................      17.1  587..................      17.0
588................................      16.6  589...................      16.5  590..................      16.5
591................................      16.6  592...................      17.0  593..................      17.6
594................................      18.5  595...................      19.2  596..................      20.2
597................................      21.0  598...................      21.1  599..................      21.2
600................................      21.6  601...................      22.0  602..................      22.4
603................................      22.5  604...................      22.5  605..................      22.5
606................................      22.7  607...................      23.7  608..................      25.1
609................................      26.0  610...................      26.5  611..................      27.0
612................................      26.1  613...................      22.8  614..................      19.5
615................................      16.2  616...................      12.9  617..................       9.6
618................................       6.3  619...................       3.0  620..................       0.0
621................................       0.0  622...................       0.0  623..................       0.0
624................................       0.0  625...................       0.0  626..................       0.0
627................................       0.0  628...................       0.0  629..................       0.0
630................................       0.0  631...................       0.0  632..................       0.0
633................................       0.0  634...................       0.0  635..................       0.0
636................................       0.0  637...................       0.0  638..................       0.0
639................................       0.0  640...................       0.0  641..................       0.0
642................................       0.0  643...................       0.0  644..................       0.0
645................................       0.0  646...................       2.0  647..................       4.5
648................................       7.8  649...................      10.2  650..................      12.5
651................................      14.0  652...................      15.3  653..................      17.5
654................................      19.6  655...................      21.0  656..................      22.2
657................................      23.3  658...................      24.5  659..................      25.3
660................................      25.6  661...................      26.0  662..................      26.1
663................................      26.2  664...................      26.2  665..................      26.4
666................................      26.5  667...................      26.5  668..................      26.0
669................................      25.5  670...................      23.6  671..................      21.4
672................................      18.5  673...................      16.4  674..................      14.5
675................................      11.6  676...................       8.7  677..................       5.8
678................................       3.5  679...................       2.0  680..................       0.0
681................................       0.0  682...................       0.0  683..................       0.0
684................................       0.0  685...................       0.0  686..................       0.0
687................................       0.0  688...................       0.0  689..................       0.0
690................................       0.0  691...................       0.0  692..................       0.0
693................................       0.0  694...................       1.4  695..................       3.3
696................................       4.4  697...................       6.5  698..................       9.2
699................................      11.3  700...................      13.5  701..................      14.6
702................................      16.4  703...................      16.7  704..................      16.5
705................................      16.5  706...................      18.2  707..................      19.2
708................................      20.1  709...................      21.5  710..................      22.5
711................................      22.5  712...................      22.1  713..................      22.7
714................................      23.3  715...................      23.5  716..................      22.5
717................................      21.6  718...................      20.5  719..................      18.0
720................................      15.0  721...................      12.0  722..................       9.0
723................................       6.2  724...................       4.5  725..................       3.0
726................................       2.1  727...................       0.5  728..................       0.5
729................................       3.2  730...................       6.5  731..................       9.6
732................................      12.5  733...................      14.0  734..................      16.0
735................................      18.0  736...................      19.6  737..................      21.5
738................................      23.1  739...................      24.5  740..................      25.5
741................................      26.5  742...................      27.1  743..................      27.6
744................................      27.9  745...................      28.3  746..................      28.6
747................................      28.6  748...................      28.3  749..................      28.2
750................................      28.0  751...................      27.5  752..................      26.8
753................................      25.5  754...................      23.5  755..................      21.5
756................................      19.0  757...................      16.5  758..................      14.9
759................................      12.5  760...................       9.4  761..................       6.2
762................................       3.0  763...................       1.5  764..................       1.5
765................................       0.5  766...................       0.0  767..................       3.0
768................................       6.3  769...................       9.6  770..................      12.9
771................................      15.8  772...................      17.5  773..................      18.4
774................................      19.5  775...................      20.7  776..................      22.0
777................................      23.2  778...................      25.0  779..................      26.5
780................................      27.5  781...................      28.0  782..................      28.3
783................................      28.9  784...................      28.9  785..................      28.9
786................................      28.8  787...................      28.5  788..................      28.3
789................................      28.3  790...................      28.3  791..................      28.2
792................................      27.6  793...................      27.5  794..................      27.5
795................................      27.5  796...................      27.5  797..................      27.5
798................................      27.5  799...................      27.6  800..................      28.0
801................................      28.5  802...................      30.0  803..................      31.0
804................................      32.0  805...................      33.0  806..................      33.0
807................................      33.6  808...................      34.0  809..................      34.3
810................................      34.2  811...................      34.0  812..................      34.0
813................................      33.9  814...................      33.6  815..................      33.1
816................................      33.0  817...................      32.5  818..................      32.0
819................................      31.9  820...................      31.6  821..................      31.5
822................................      30.6  823...................      30.0  824..................      29.9
825................................      29.9  826...................      29.9  827..................      29.9
828................................      29.6  829...................      29.5  830..................      29.5
831................................      29.3  832...................      28.9  833..................      28.2
834................................      27.7  835...................      27.0  836..................      25.5
837................................      23.7  838...................      22.0  839..................      20.5
840................................      19.2  841...................      19.2  842..................      20.1
843................................      20.9  844...................      21.4  845..................      22.0
846................................      22.6  847...................      23.2  848..................      24.0
849................................      25.0  850...................      26.0  851..................      26.6
852................................      26.6  853...................      26.8  854..................      27.0
855................................      27.2  856...................      27.8  857..................      28.1
858................................      28.8  859...................      28.9  860..................      29.0
861................................      29.1  862...................      29.0  863..................      28.1
864................................      27.5  865...................      27.0  866..................      25.8
867................................      25.0  868...................      24.5  869..................      24.8
870................................      25.1  871...................      25.5  872..................      25.7
873................................      26.2  874...................      26.9  875..................      27.5
876................................      27.8  877...................      28.4  878..................      29.0
879................................      29.2  880...................      29.1  881..................      29.0
882................................      28.9  883...................      28.5  884..................      28.1
885................................      28.0  886...................      28.0  887..................      27.6
888................................      27.2  889...................      26.6  890..................      27.0
891................................      27.5  892...................      27.8  893..................      28.0
894................................      27.8  895...................      28.0  896..................      28.0
897................................      28.0  898...................      27.7  899..................      27.4
900................................      26.9  901...................      26.6  902..................      26.5
903................................      26.5  904...................      26.5  905..................      26.3
906................................      26.2  907...................      26.2  908..................      25.9
909................................      25.6  910...................      25.6  911..................      25.9
912................................      25.8  913...................      25.5  914..................      24.6
915................................      23.5  916...................      22.2  917..................      21.6
918................................      21.6  919...................      21.7  920..................      22.6
921................................      23.4  922...................      24.0  923..................      24.2
924................................      24.4  925...................      24.9  926..................      25.1
927................................      25.2  928...................      25.3  929..................      25.5
930................................      25.2  931...................      25.0  932..................      25.0
933................................      25.0  934...................      24.7  935..................      24.5
936................................      24.3  937...................      24.3  938..................      24.5
939................................      25.0  940...................      25.0  941..................      24.6

[[Page 536]]

 
942................................      24.6  943...................      24.1  944..................      24.5
945................................      25.1  946...................      25.6  947..................      25.1
948................................      24.0  949...................      22.0  950..................      20.1
951................................      16.9  952...................      13.6  953..................      10.3
954................................       7.0  955...................       3.7  956..................       0.4
957................................       0.0  958...................       0.0  959..................       0.0
960................................       2.0  961...................       5.3  962..................       8.6
963................................      11.9  964...................      15.2  965..................      17.5
966................................      18.6  967...................      20.0  968..................      21.1
969................................      22.0  970...................      23.0  971..................      24.5
972................................      26.3  973...................      27.5  974..................      28.1
975................................      28.4  976...................      28.5  977..................      28.5
978................................      28.5  979...................      27.7  980..................      27.5
981................................      27.2  982...................      26.8  983..................      26.5
984................................      26.0  985...................      25.7  986..................      25.2
987................................      24.0  988...................      22.0  989..................      21.5
990................................      21.5  991...................      21.8  992..................      22.5
993................................      23.0  994...................      22.8  995..................      22.8
996................................      23.0  997...................      22.7  998..................      22.7
999................................      22.7  1000..................      23.5  1001.................      24.0
1002...............................      24.6  1003..................      24.8  1004.................      25.1
1005...............................      25.5  1006..................      25.6  1007.................      25.5
1008...............................      25.0  1009..................      24.1  1010.................      23.7
1011...............................      23.2  1012..................      22.9  1013.................      22.5
1014...............................      22.0  1015..................      21.6  1016.................      20.5
1017...............................      17.5  1018..................      14.2  1019.................      10.9
1020...............................       7.6  1021..................       4.3  1022.................       1.0
1023...............................       0.0  1024..................       0.0  1025.................       0.0
1026...............................       0.0  1027..................       0.0  1028.................       0.0
1029...............................       0.0  1030..................       0.0  1031.................       0.0
1032...............................       0.0  1033..................       0.0  1034.................       0.0
1035...............................       0.0  1036..................       0.0  1037.................       0.0
1038...............................       0.0  1039..................       0.0  1040.................       0.0
1041...............................       0.0  1042..................       0.0  1043.................       0.0
1044...............................       0.0  1045..................       0.0  1046.................       0.0
1047...............................       0.0  1048..................       0.0  1049.................       0.0
1050...............................       0.0  1051..................       0.0  1052.................       0.0
1053...............................       1.2  1054..................       4.0  1055.................       7.3
1056...............................      10.6  1057..................      13.9  1058.................      17.0
1059...............................      18.5  1060..................      20.0  1061.................      21.8
1062...............................      23.0  1063..................      24.0  1064.................      24.8
1065...............................      25.6  1066..................      26.5  1067.................      26.8
1068...............................      27.4  1069..................      27.9  1070.................      28.3
1071...............................      28.0  1072..................      27.5  1073.................      27.0
1074...............................      27.0  1075..................      26.3  1076.................      24.5
1077...............................      22.5  1078..................      21.5  1079.................      20.6
1080...............................      18.0  1081..................      15.0  1082.................      12.3
1083...............................      11.1  1084..................      10.6  1085.................      10.0
1086...............................       9.5  1087..................       9.1  1088.................       8.7
1089...............................       8.6  1090..................       8.8  1091.................       9.0
1092...............................       8.7  1093..................       8.6  1094.................       8.0
1095...............................       7.0  1096..................       5.0  1097.................       4.2
1098...............................       2.6  1099..................       1.0  1100.................       0.0
1101...............................       0.1  1102..................       0.6  1103.................       1.6
1104...............................       3.6  1105..................       6.9  1106.................      10.0
1107...............................      12.8  1108..................      14.0  1109.................      14.5
1110...............................      16.0  1111..................      18.1  1112.................      20.0
1113...............................      21.0  1114..................      21.2  1115.................      21.3
1116...............................      21.4  1117..................      21.7  1118.................      22.5
1119...............................      23.0  1120..................      23.8  1121.................      24.5
1122...............................      25.0  1123..................      24.9  1124.................      24.8
1125...............................      25.0  1126..................      25.4  1127.................      25.8
1128...............................      26.0  1129..................      26.4  1130.................      26.6
1131...............................      26.9  1132..................      27.0  1133.................      27.0
1134...............................      27.0  1135..................      26.9  1136.................      26.8
1137...............................      26.8  1138..................      26.5  1139.................      26.4
1140...............................      26.0  1141..................      25.5  1142.................      24.6
1143...............................      23.5  1144..................      21.5  1145.................      20.0
1146...............................      17.5  1147..................      16.0  1148.................      14.0
1149...............................      10.7  1150..................       7.4  1151.................       4.1
1152...............................       0.8  1153..................       0.0  1154.................       0.0
1155...............................       0.0  1156..................       0.0  1157.................       0.0
1158...............................       0.0  1159..................       0.0  1160.................       0.0
1161...............................       0.0  1162..................       0.0  1163.................       0.0
1164...............................       0.0  1165..................       0.0  1166.................       0.0
1167...............................       0.0  1168..................       0.0  1169.................       2.1
1170...............................       5.4  1171..................       8.7  1172.................      12.0
1173...............................      15.3  1174..................      18.6  1175.................      21.1
1176...............................      23.0  1177..................      23.5  1178.................      23.0
1179...............................      22.5  1180..................      20.0  1181.................      16.7
1182...............................      13.4  1183..................      10.1  1184.................       6.8
1185...............................       3.5  1186..................       0.2  1187.................       0.0
1188...............................       0.0  1189..................       0.0  1190.................       0.0
1191...............................       0.0  1192..................       0.0  1193.................       0.0
1194...............................       0.0  1195..................       0.0  1196.................       0.0
1197...............................       0.2  1198..................       1.5  1199.................       3.5
1200...............................       6.5  1201..................       9.8  1202.................      12.0
1203...............................      12.9  1204..................      13.0  1205.................      12.6
1206...............................      12.8  1207..................      13.1  1208.................      13.1
1209...............................      14.0  1210..................      15.5  1211.................      17.0
1212...............................      18.6  1213..................      19.7  1214.................      21.0
1215...............................      21.5  1216..................      21.8  1217.................      21.8
1318...............................      21.5  1219..................      21.2  1220.................      21.5
1221...............................      21.8  1222..................      22.0  1223.................      21.9
1224...............................      21.7  1225..................      21.5  1226.................      21.5
1227...............................      21.4  1228..................      20.1  1229.................      19.5
1230...............................      19.2  1231..................      19.6  1232.................      19.8
1233...............................      20.0  1234..................      19.5  1235.................      17.5
1236...............................      15.5  1237..................      13.0  1238.................      10.0
1239...............................       8.0  1240..................       6.0  1241.................       4.0
1242...............................       2.5  1243..................       0.7  1244.................       0.0
1245...............................       0.0  1246..................       0.0  1247.................       0.0
1248...............................       0.0  1249..................       0.0  1250.................       0.0
1251...............................       0.0  1252..................       1.0  1253.................       1.0
1254...............................       1.0  1255..................       1.0  1256.................       1.0
1257...............................       1.6  1258..................       3.0  1259.................       4.0
1260...............................       5.0  1261..................       6.3  1262.................       8.0
1263...............................      10.0  1264..................      10.5  1265.................       9.5
1266...............................       8.5  1267..................       7.6  1268.................       8.8
1269...............................      11.0  1270..................      14.0  1271.................      17.0
1272...............................      19.5  1273..................      21.0  1274.................      21.8
1275...............................      22.2  1276..................      23.0  1277.................      23.6
1278...............................      24.1  1279..................      24.5  1280.................      24.5
1281...............................      24.0  1282..................      23.5  1283.................      23.5
1284...............................      23.5  1285..................      23.5  1286.................      23.5
1287...............................      23.5  1288..................      24.0  1289.................      24.1
1290...............................      24.5  1291..................      24.7  1292.................      25.0
1293...............................      25.4  1294..................      25.6  1295.................      25.7
1296...............................      26.0  1297..................      26.2  1298.................      27.0
1299...............................      27.8  1300..................      28.3  1301.................      29.0
1302...............................      29.1  1303..................      29.0  1304.................      28.0
1305...............................      24.7  1306..................      21.4  1307.................      18.1
1308...............................      14.8  1309..................      11.5  1310.................       8.2
1311...............................       4.9  1312..................       1.6  1313.................       0.0
1314...............................       0.0  1315..................       0.0  1316.................       0.0
1317...............................       0.0  1318..................       0.0  1319.................       0.0
1320...............................       0.0  1321..................       0.0  1322.................       0.0
1323...............................       0.0  1324..................       0.0  1325.................       0.0
1326...............................       0.0  1327..................       0.0  1328.................       0.0
1329...............................       0.0  1330..................       0.0  1331.................       0.0
1332...............................       0.0  1333..................       0.0  1334.................       0.0
1335...............................       0.0  1336..................       0.0  1337.................       0.0
1338...............................       1.5  1339..................       4.8  1340.................       8.1
1341...............................      11.4  1342..................      13.2  1343.................      15.1
1344...............................      16.8  1345..................      18.3  1346.................      19.5
1347...............................      20.3  1348..................      21.3  1349.................      21.9
1350...............................      22.1  1351..................      22.4  1352.................      22.0
1353...............................      21.6  1354..................      21.1  1355.................      20.5

[[Page 537]]

 
1356...............................      20.0  1357..................      19.6  1358.................      18.5
1359...............................      17.5  1360..................      16.5  1361.................      15.5
1362...............................      14.0  1363..................      11.0  1364.................       8.0
1365...............................       5.2  1366..................       2.5  1367.................       0.0
1368...............................       0.0  1369..................       0.0  1370.................       0.0
1371...............................       0.0  1372..................       0.0  .....................  ........
----------------------------------------------------------------------------------------------------------------

    The diagrams below show the range of acceptable speed tolerances for 
typical points. The curve on the left is typical of portions of the 
speed curve which are increasing or decreasing throughout the 2 second 
time interval. The curve on the right is typical of portions of the 
speed curve which include a maximum or minimum value.
[GRAPHIC] [TIFF OMITTED] TR06OC93.195

    (b) EPA Urban Dynamometer Driving Schedule for Light-Duty Vehicles, 
Light-Duty Trucks, and Motorcycles with engine displacements equal to or 
greater than 170 cc (10.4 cu. in.).

                       Speed Versus Time Sequence
------------------------------------------------------------------------
                                                                Speed
                       Time (seconds)                        (kilometers
                                                              per hour)
------------------------------------------------------------------------
0..........................................................            0
1..........................................................            0
2..........................................................            0
3..........................................................            0
4..........................................................            0
5..........................................................            0
6..........................................................            0
7..........................................................            0
8..........................................................            0
9..........................................................            0
10.........................................................            0
11.........................................................            0
12.........................................................            0
13.........................................................            0
14.........................................................            0
15.........................................................            0
16.........................................................            0
17.........................................................            0
18.........................................................            0
19.........................................................            0
20.........................................................            0
21.........................................................          4.8
22.........................................................          9.5
23.........................................................         13.8
24.........................................................         18.5
25.........................................................         23.0
26.........................................................         27.2
27.........................................................         27.8
28.........................................................         29.1
29.........................................................         33.3
30.........................................................         34.9
31.........................................................         36.0
32.........................................................         36.2
33.........................................................         35.6
34.........................................................         34.6
35.........................................................         33.6
36.........................................................         32.8
37.........................................................         31.9
38.........................................................         27.4
39.........................................................         24.0
40.........................................................         24.0
41.........................................................         24.5
42.........................................................         24.9
43.........................................................         25.7
44.........................................................         27.5
45.........................................................         30.7
46.........................................................         34.0
47.........................................................         36.5
48.........................................................         36.9
49.........................................................         36.5
50.........................................................         36.4
51.........................................................         34.3
52.........................................................         30.6
53.........................................................         27.5
54.........................................................         25.4
55.........................................................         25.4
56.........................................................         28.5
57.........................................................         31.9
58.........................................................         34.8
59.........................................................         37.3
60.........................................................         38.9
61.........................................................         39.6
62.........................................................         40.1
63.........................................................         40.2
64.........................................................         39.6
65.........................................................         39.4
66.........................................................         39.8
67.........................................................         39.9
68.........................................................         39.8
69.........................................................         39.6

[[Page 538]]

 
70.........................................................         39.6
71.........................................................         40.4
72.........................................................         41.2
73.........................................................         41.4
74.........................................................         40.9
75.........................................................         40.1
76.........................................................         40.2
77.........................................................         40.9
78.........................................................         41.8
79.........................................................         41.8
80.........................................................         41.4
81.........................................................         42.0
82.........................................................         43.0
83.........................................................         44.3
84.........................................................         46.0
85.........................................................         47.2
86.........................................................         48.0
87.........................................................         48.4
88.........................................................         48.9
89.........................................................         49.4
90.........................................................         49.4
91.........................................................         49.1
92.........................................................         48.9
93.........................................................         48.8
94.........................................................         48.9
95.........................................................         49.6
96.........................................................         48.9
97.........................................................         48.1
98.........................................................         47.5
99.........................................................         48.0
100........................................................         48.8
101........................................................         49.4
102........................................................         49.7
103........................................................         49.9
104........................................................         49.7
105........................................................         48.9
106........................................................         48.0
107........................................................         48.1
108........................................................         48.6
109........................................................         49.4
110........................................................         50.2
111........................................................         51.2
112........................................................         51.8
113........................................................         52.1
114........................................................         51.8
115........................................................         51.0
116........................................................         46.0
117........................................................         40.7
118........................................................         35.4
119........................................................         30.1
120........................................................         24.8
121........................................................         19.5
122........................................................         14.2
123........................................................          8.9
124........................................................          3.5
125........................................................            0
126........................................................            0
127........................................................            0
128........................................................            0
129........................................................            0
130........................................................            0
131........................................................            0
132........................................................            0
133........................................................            0
134........................................................            0
135........................................................            0
136........................................................            0
137........................................................            0
138........................................................            0
139........................................................            0
140........................................................            0
141........................................................            0
142........................................................            0
143........................................................            0
144........................................................            0
145........................................................            0
146........................................................            0
147........................................................            0
148........................................................            0
149........................................................            0
150........................................................            0
151........................................................            0
152........................................................            0
153........................................................            0
154........................................................            0
155........................................................            0
156........................................................            0
157........................................................            0
158........................................................            0
159........................................................            0
160........................................................            0
161........................................................            0
162........................................................            0
163........................................................            0
164........................................................          5.3
165........................................................         10.6
166........................................................         15.9
167........................................................         21.2
168........................................................         26.6
169........................................................         31.9
170........................................................         35.7
171........................................................         39.1
172........................................................         41.5
173........................................................         42.5
174........................................................         41.4
175........................................................         40.4
176........................................................         39.8
177........................................................         40.2
178........................................................         40.6
179........................................................         40.9
180........................................................         41.5
181........................................................         43.8
182........................................................         42.6
183........................................................         38.6
184........................................................         36.5
185........................................................         31.2
186........................................................         28.5
187........................................................         27.7
188........................................................         29.1
189........................................................         29.9
190........................................................         32.2
191........................................................         35.7
192........................................................         39.4
193........................................................         43.9
194........................................................         49.1
195........................................................         53.9
196........................................................         58.3
197........................................................         60.0
198........................................................         63.2
199........................................................         65.2
200........................................................         67.8
201........................................................         70.0
202........................................................         72.6
203........................................................         74.0
204........................................................         75.3
205........................................................         76.4
206........................................................         76.4
207........................................................         76.1
208........................................................         76.0
209........................................................         75.6

[[Page 539]]

 
210........................................................         75.6
211........................................................         75.6
212........................................................         75.6
213........................................................         75.6
214........................................................         76.0
215........................................................         76.3
216........................................................         77.1
217........................................................         78.1
218........................................................         79.0
219........................................................         79.7
220........................................................         80.5
221........................................................         81.4
222........................................................         82.1
223........................................................         82.9
224........................................................         84.0
225........................................................         85.6
226........................................................         87.1
227........................................................         87.9
228........................................................         88.4
229........................................................         88.5
230........................................................         88.4
231........................................................         87.9
232........................................................         87.9
233........................................................         88.2
234........................................................         88.7
235........................................................         89.3
236........................................................         89.6
237........................................................         90.3
238........................................................         90.6
239........................................................         91.1
240........................................................         91.2
241........................................................         91.2
242........................................................         90.9
243........................................................         90.9
244........................................................         90.9
245........................................................         90.9
246........................................................         90.9
247........................................................         90.9
248........................................................         90.8
249........................................................         90.3
250........................................................         89.8
251........................................................         88.7
252........................................................         87.9
253........................................................         87.2
254........................................................         86.9
255........................................................         86.4
256........................................................         86.3
257........................................................         86.7
258........................................................         86.9
259........................................................         87.1
260........................................................         87.1
261........................................................         86.6
262........................................................         85.9
263........................................................         85.3
264........................................................         84.7
265........................................................         83.8
266........................................................         84.3
267........................................................         83.7
268........................................................         83.5
269........................................................         83.2
270........................................................         82.9
271........................................................         83.0
272........................................................         83.4
273........................................................         83.8
274........................................................         84.5
275........................................................         85.3
276........................................................         86.1
277........................................................         86.9
278........................................................         88.4
279........................................................         89.2
280........................................................         89.5
281........................................................         90.1
282........................................................         90.1
283........................................................         89.8
284........................................................         88.8
285........................................................         87.7
286........................................................         86.3
287........................................................         84.5
288........................................................         82.9
289........................................................         82.9
290........................................................         82.9
291........................................................         82.2
292........................................................         80.6
293........................................................         80.5
294........................................................         80.6
295........................................................         80.5
296........................................................         79.8
297........................................................         79.7
298........................................................         79.7
299........................................................         79.7
300........................................................         79.0
301........................................................         78.2
302........................................................         77.4
303........................................................         76.0
304........................................................         74.2
305........................................................         72.4
306........................................................         70.5
307........................................................         68.6
308........................................................         66.8
309........................................................         64.9
310........................................................         62.0
311........................................................         59.5
312........................................................         56.6
313........................................................         54.4
314........................................................         52.3
315........................................................         50.7
316........................................................         49.2
317........................................................         49.1
318........................................................         48.3
319........................................................         46.7
320........................................................         44.3
321........................................................         39.9
322........................................................         34.6
323........................................................         32.3
324........................................................         30.7
325........................................................         29.8
326........................................................         27.4
327........................................................         24.9
328........................................................         20.1
329........................................................         17.4
330........................................................         12.9
331........................................................          7.6
332........................................................          2.3
333........................................................            0
334........................................................            0
335........................................................            0
336........................................................            0
337........................................................            0
338........................................................            0
339........................................................            0
340........................................................            0
341........................................................            0
342........................................................            0
343........................................................            0
344........................................................            0
345........................................................            0
346........................................................            0
347........................................................          1.6
348........................................................          6.9
349........................................................         12.2

[[Page 540]]

 
350........................................................         17.5
351........................................................         22.9
352........................................................         27.8
353........................................................         32.2
354........................................................         36.2
355........................................................         38.1
356........................................................         40.6
357........................................................         42.8
358........................................................         45.2
359........................................................         48.3
360........................................................         49.6
361........................................................         50.9
362........................................................         51.7
363........................................................         52.8
364........................................................         54.1
365........................................................         55.5
366........................................................         55.7
367........................................................         56.2
368........................................................         56.0
369........................................................         55.5
370........................................................         55.8
371........................................................         57.1
372........................................................         57.9
373........................................................         57.9
374........................................................         57.9
375........................................................         57.9
377........................................................         57.9
376........................................................         57.9
378........................................................         58.1
379........................................................         58.6
380........................................................         58.7
381........................................................         58.6
382........................................................         57.9
383........................................................         56.5
384........................................................         54.9
385........................................................         53.9
386........................................................         50.5
387........................................................         46.7
388........................................................         41.4
389........................................................         37.0
390........................................................         32.7
391........................................................         28.2
392........................................................         23.3
393........................................................         19.3
394........................................................         14.0
395........................................................          8.7
396........................................................          3.4
397........................................................            0
398........................................................            0
399........................................................            0
400........................................................            0
401........................................................            0
402........................................................            0
403........................................................          4.2
404........................................................          9.5
405........................................................         14.8
406........................................................         20.1
407........................................................         25.4
408........................................................         30.7
409........................................................         36.0
410........................................................         40.2
411........................................................         41.2
412........................................................         44.3
413........................................................         46.7
414........................................................         48.3
415........................................................         48.4
416........................................................         48.3
417........................................................         47.8
418........................................................         47.2
419........................................................         46.3
420........................................................         45.1
421........................................................         40.2
422........................................................         34.9
423........................................................         29.6
424........................................................         24.3
425........................................................         19.0
426........................................................         13.7
427........................................................          8.4
428........................................................          3.1
429........................................................            0
430........................................................            0
431........................................................            0
432........................................................            0
433........................................................            0
434........................................................            0
435........................................................            0
436........................................................            0
437........................................................            0
438........................................................            0
439........................................................            0
440........................................................            0
441........................................................            0
442........................................................            0
443........................................................            0
444........................................................            0
445........................................................            0
446........................................................            0
447........................................................            0
448........................................................          5.3
449........................................................         10.6
450........................................................         15.9
451........................................................         21.2
452........................................................         26.6
453........................................................         31.9
454........................................................         37.2
455........................................................         42.5
456........................................................         44.7
457........................................................         46.8
458........................................................         50.7
459........................................................         53.1
460........................................................         54.1
461........................................................         56.0
462........................................................         56.5
463........................................................         57.3
464........................................................         58.1
465........................................................         57.9
466........................................................         58.1
467........................................................         58.3
468........................................................         57.9
469........................................................         57.5
470........................................................         57.9
471........................................................         57.9
472........................................................         57.3
473........................................................         57.1
474........................................................         57.0
475........................................................         56.6
476........................................................         56.6
477........................................................         56.6
478........................................................         56.6
479........................................................         56.6
480........................................................         56.6
481........................................................         56.3
482........................................................         56.5
483........................................................         56.6
484........................................................         57.1
485........................................................         56.6
486........................................................         56.3
487........................................................         56.3
488........................................................         56.3
489........................................................         56.0

[[Page 541]]

 
490........................................................         55.7
491........................................................         55.5
492........................................................         53.9
493........................................................         51.5
494........................................................         48.4
495........................................................         45.1
496........................................................         41.0
497........................................................         36.2
498........................................................         31.9
499........................................................         26.6
500........................................................         21.2
501........................................................         16.6
502........................................................         11.6
503........................................................          6.4
504........................................................          1.6
505........................................................            0
506........................................................            0
507........................................................            0
508........................................................            0
509........................................................            0
510........................................................            0
511........................................................          1.9
512........................................................          5.6
513........................................................          8.9
514........................................................         10.5
515........................................................         13.7
516........................................................         15.4
517........................................................         16.9
518........................................................         19.2
519........................................................         22.5
520........................................................         25.7
521........................................................         28.5
522........................................................         30.6
523........................................................         32.3
524........................................................         33.8
525........................................................         35.4
526........................................................         37.0
527........................................................         38.3
528........................................................         39.4
529........................................................         40.1
530........................................................         40.2
531........................................................         40.2
532........................................................         40.2
533........................................................         40.2
534........................................................         40.2
535........................................................         40.2
536........................................................         41.2
537........................................................         41.5
538........................................................         41.8
539........................................................         41.2
540........................................................         40.6
541........................................................         40.2
542........................................................         40.2
543........................................................         40.2
544........................................................         39.3
545........................................................         37.2
546........................................................         31.9
547........................................................         26.6
548........................................................         21.2
549........................................................         15.9
550........................................................         10.6
551........................................................          5.3
552........................................................            0
553........................................................            0
554........................................................            0
555........................................................            0
556........................................................            0
557........................................................            0
558........................................................            0
559........................................................            0
560........................................................            0
561........................................................            0
562........................................................            0
563........................................................            0
564........................................................            0
565........................................................            0
566........................................................            0
567........................................................            0
568........................................................            0
569........................................................          5.3
570........................................................         10.6
571........................................................         15.9
572........................................................         20.9
573........................................................         23.5
574........................................................         25.7
575........................................................         27.4
576........................................................         27.4
577........................................................         27.4
578........................................................         28.2
579........................................................         28.5
580........................................................         28.5
581........................................................         28.2
582........................................................         27.4
583........................................................         27.2
584........................................................         26.7
585........................................................         27.4
586........................................................         27.5
587........................................................         27.4
588........................................................         26.7
589........................................................         26.6
590........................................................         26.6
591........................................................         26.7
592........................................................         27.4
593........................................................         28.3
594........................................................         29.8
595........................................................         30.9
596........................................................         32.5
597........................................................         33.8
598........................................................         34.0
599........................................................         34.1
600........................................................         34.8
601........................................................         35.4
602........................................................         36.0
603........................................................         36.2
604........................................................         36.2
605........................................................         36.2
606........................................................         36.5
607........................................................         38.1
608........................................................         40.4
609........................................................         41.8
610........................................................         42.6
611........................................................         43.5
612........................................................         42.0
613........................................................         36.7
614........................................................         31.4
615........................................................         26.1
616........................................................         20.8
617........................................................         15.4
618........................................................         10.1
619........................................................          4.8
620........................................................            0
621........................................................            0
622........................................................            0
623........................................................            0
624........................................................            0
625........................................................            0
626........................................................            0
627........................................................            0
628........................................................            0
629........................................................            0

[[Page 542]]

 
630........................................................            0
631........................................................            0
632........................................................            0
633........................................................            0
634........................................................            0
635........................................................            0
636........................................................            0
637........................................................            0
638........................................................            0
639........................................................            0
640........................................................            0
641........................................................            0
642........................................................            0
643........................................................            0
644........................................................            0
645........................................................            0
646........................................................          3.2
647........................................................          7.2
648........................................................         12.6
649........................................................         16.4
650........................................................         20.1
651........................................................         22.5
652........................................................         24.6
653........................................................         28.2
654........................................................         31.5
655........................................................         33.8
656........................................................         35.7
657........................................................         37.5
658........................................................         39.4
659........................................................         40.7
660........................................................         41.2
661........................................................         41.8
662........................................................         42.0
663........................................................         42.2
664........................................................         42.2
665........................................................         42.5
666........................................................         42.6
667........................................................         42.6
668........................................................         41.8
669........................................................         41.0
670........................................................         38.0
671........................................................         34.4
672........................................................         29.8
673........................................................         26.4
674........................................................         23.3
675........................................................         18.7
676........................................................         14.0
677........................................................          9.3
678........................................................          5.6
679........................................................          3.2
680........................................................            0
681........................................................            0
682........................................................            0
683........................................................            0
684........................................................            0
685........................................................            0
686........................................................            0
687........................................................            0
688........................................................            0
689........................................................            0
690........................................................            0
691........................................................            0
692........................................................            0
693........................................................            0
694........................................................          2.3
695........................................................          5.3
696........................................................          7.1
697........................................................         10.5
698........................................................         14.8
699........................................................         18.2
700........................................................         21.7
701........................................................         23.5
702........................................................         26.4
703........................................................         26.9
704........................................................         26.6
705........................................................         26.6
706........................................................         29.3
707........................................................         30.9
708........................................................         32.3
709........................................................         34.6
710........................................................         36.2
711........................................................         36.2
712........................................................         35.6
713........................................................         36.5
714........................................................         37.5
715........................................................         37.8
716........................................................         36.2
717........................................................         34.8
718........................................................         33.0
719........................................................         29.0
720........................................................         24.1
721........................................................         19.3
722........................................................         14.5
723........................................................         10.0
724........................................................          7.2
725........................................................          4.8
726........................................................          3.4
727........................................................          0.8
728........................................................          0.8
729........................................................          5.1
730........................................................         10.5
731........................................................         15.4
732........................................................         20.1
733........................................................         22.5
734........................................................         25.7
735........................................................         29.0
736........................................................         31.5
737........................................................         34.6
738........................................................         37.2
739........................................................         39.4
740........................................................         41.0
741........................................................         42.6
742........................................................         43.6
743........................................................         44.4
744........................................................         44.9
745........................................................         45.5
746........................................................         46.0
747........................................................         46.0
748........................................................         45.5
749........................................................         45.4
750........................................................         45.1
751........................................................         44.3
752........................................................         43.1
753........................................................         41.0
754........................................................         37.8
755........................................................         34.6
756........................................................         30.6
757........................................................         26.6
758........................................................         24.0
759........................................................         20.1
760........................................................         15.1
761........................................................         10.0
762........................................................          4.8
763........................................................          2.4
764........................................................          2.4
765........................................................          0.8
766........................................................            0
767........................................................          4.8
768........................................................         10.1
769........................................................         15.4

[[Page 543]]

 
770........................................................         20.8
771........................................................         25.4
772........................................................         28.2
773........................................................         29.6
774........................................................         31.4
775........................................................         33.3
776........................................................         35.4
777........................................................         37.3
778........................................................         40.2
779........................................................         42.6
780........................................................         44.3
781........................................................         45.1
782........................................................         45.5
783........................................................         46.5
784........................................................         46.5
785........................................................         46.5
786........................................................         46.3
787........................................................         45.9
788........................................................         45.5
789........................................................         45.5
790........................................................         45.5
791........................................................         45.4
792........................................................         44.4
793........................................................         44.3
794........................................................         44.3
795........................................................         44.3
796........................................................         44.3
797........................................................         44.3
798........................................................         44.3
799........................................................         44.4
800........................................................         45.1
801........................................................         45.9
802........................................................         48.3
803........................................................         49.9
804........................................................         51.5
805........................................................         53.1
806........................................................         53.1
807........................................................         54.1
808........................................................         54.7
809........................................................         55.2
810........................................................         55.0
811........................................................         54.7
812........................................................         54.7
813........................................................         54.6
814........................................................         54.1
815........................................................         53.3
816........................................................         53.1
817........................................................         52.3
818........................................................         51.5
819........................................................         51.3
820........................................................         50.9
821........................................................         50.7
822........................................................         49.2
823........................................................         48.3
824........................................................         48.1
825........................................................         48.1
826........................................................         48.1
827........................................................         48.1
828........................................................         47.6
829........................................................         47.5
830........................................................         47.5
831........................................................         47.2
832........................................................         46.5
833........................................................         45.4
834........................................................         44.6
835........................................................         43.5
836........................................................         41.0
837........................................................         38.1
838........................................................         35.4
839........................................................         33.0
840........................................................         30.9
841........................................................         30.9
842........................................................         32.3
843........................................................         33.6
844........................................................         34.4
845........................................................         35.4
846........................................................         36.4
847........................................................         37.3
848........................................................         38.6
849........................................................         40.2
850........................................................         41.8
851........................................................         42.8
852........................................................         42.8
853........................................................         43.1
854........................................................         43.5
855........................................................         43.8
856........................................................         44.7
857........................................................         45.2
858........................................................         46.3
859........................................................         46.5
860........................................................         46.7
861........................................................         46.8
862........................................................         46.7
863........................................................         45.2
864........................................................         44.3
865........................................................         43.5
866........................................................         41.5
867........................................................         40.2
868........................................................         39.4
869........................................................         39.9
870........................................................         40.4
871........................................................         41.0
872........................................................         41.4
873........................................................         42.2
874........................................................         43.3
875........................................................         44.3
876........................................................         44.7
877........................................................         45.7
878........................................................         46.7
879........................................................         47.0
880........................................................         46.8
881........................................................         46.7
882........................................................         46.5
883........................................................         45.9
884........................................................         45.2
885........................................................         45.1
886........................................................         45.1
887........................................................         44.4
888........................................................         43.8
889........................................................         42.8
890........................................................         43.5
891........................................................         44.3
892........................................................         44.7
893........................................................         45.1
894........................................................         44.7
895........................................................         45.1
896........................................................         45.1
897........................................................         45.1
898........................................................         44.6
899........................................................         44.1
900........................................................         43.3
901........................................................         42.8
902........................................................         42.6
903........................................................         42.6
904........................................................         42.6
905........................................................         42.3
906........................................................         42.2
907........................................................         42.2
908........................................................         41.7
909........................................................         41.2

[[Page 544]]

 
910........................................................         41.2
911........................................................         41.7
912........................................................         41.5
913........................................................         41.0
914........................................................         39.6
915........................................................         37.8
916........................................................         35.7
917........................................................         34.8
918........................................................         34.8
919........................................................         34.9
920........................................................         36.4
921........................................................         37.7
922........................................................         38.6
923........................................................         38.9
924........................................................         39.3
925........................................................         40.1
926........................................................         40.4
927........................................................         40.6
928........................................................         40.7
929........................................................         41.0
930........................................................         40.6
931........................................................         40.2
932........................................................         40.2
933........................................................         40.2
934........................................................         39.8
935........................................................         39.4
936........................................................         39.1
937........................................................         39.1
938........................................................         39.4
939........................................................         40.2
940........................................................         40.2
941........................................................         39.6
942........................................................         39.6
943........................................................         38.8
944........................................................         39.4
945........................................................         40.4
946........................................................         41.2
947........................................................         40.4
948........................................................         38.6
949........................................................         35.4
950........................................................         32.3
951........................................................         27.2
952........................................................         21.9
953........................................................         16.6
954........................................................         11.3
955........................................................          6.0
956........................................................          0.6
957........................................................            0
958........................................................            0
959........................................................            0
960........................................................          3.2
961........................................................          8.5
962........................................................         13.8
963........................................................         19.2
964........................................................         24.5
965........................................................         28.2
966........................................................         29.9
967........................................................         32.2
968........................................................         34.0
969........................................................         35.4
970........................................................         37.0
971........................................................         39.4
972........................................................         42.3
973........................................................         44.3
974........................................................         45.2
975........................................................         45.7
976........................................................         45.9
977........................................................         45.9
978........................................................         45.9
979........................................................         44.6
980........................................................         44.3
981........................................................         43.8
982........................................................         43.1
983........................................................         42.6
984........................................................         41.8
985........................................................         41.4
986........................................................         40.6
987........................................................         38.6
988........................................................         35.4
989........................................................         34.6
990........................................................         34.6
991........................................................         35.1
992........................................................         36.2
993........................................................         37.0
994........................................................         36.7
995........................................................         36.7
996........................................................         37.0
997........................................................         36.5
998........................................................         36.5
999........................................................         36.5
1,000......................................................         37.8
1,001......................................................         38.6
1,002......................................................         39.6
1,003......................................................         39.9
1,004......................................................         40.4
1,005......................................................         41.0
1,006......................................................         41.2
1,007......................................................         41.0
1,008......................................................         40.2
1,009......................................................         38.8
1,010......................................................         38.1
1,011......................................................         37.3
1,012......................................................         36.9
1,013......................................................         36.2
1,014......................................................         35.4
1,015......................................................         34.8
1,016......................................................         33.0
1,017......................................................         28.2
1,018......................................................         22.9
1,019......................................................         17.5
1,020......................................................         12.2
1,021......................................................          6.9
1,022......................................................          1.6
1,023......................................................            0
1,024......................................................            0
1,025......................................................            0
1,026......................................................            0
1,027......................................................            0
1,028......................................................            0
1,029......................................................            0
1,030......................................................            0
1,031......................................................            0
1,032......................................................            0
1,033......................................................            0
1,034......................................................            0
1,035......................................................            0
1,036......................................................            0
1,037......................................................            0
1,038......................................................            0
1,039......................................................            0
1,040......................................................            0
1,041......................................................            0
1,042......................................................            0
1,043......................................................            0
1,044......................................................            0
1,045......................................................            0
1,046......................................................            0
1,047......................................................            0
1,048......................................................            0
1,049......................................................            0

[[Page 545]]

 
1,050......................................................            0
1,051......................................................            0
1,052......................................................            0
1,053......................................................          1.9
1,054......................................................          6.4
1,055......................................................         11.7
1,056......................................................         17.1
1,057......................................................         22.4
1,058......................................................         27.4
1,059......................................................         29.8
1,060......................................................         32.2
1,061......................................................         35.1
1,062......................................................         37.0
1,063......................................................         38.6
1,064......................................................         39.9
1,065......................................................         41.2
1,066......................................................         42.6
1,067......................................................         43.1
1,068......................................................         44.1
1,069......................................................         44.9
1,070......................................................         45.5
1,071......................................................         45.1
1,072......................................................         44.3
1,073......................................................         43.5
1,074......................................................         43.5
1,075......................................................         42.3
1,076......................................................         39.4
1,077......................................................         36.2
1,078......................................................         34.6
1,079......................................................         33.2
1,080......................................................         29.0
1,081......................................................         24.1
1,082......................................................         19.8
1,083......................................................         17.9
1,084......................................................         17.1
1,085......................................................         16.1
1,086......................................................         15.3
1,087......................................................         14.6
1,088......................................................         14.0
1,089......................................................         13.8
1,090......................................................         14.2
1,091......................................................         14.5
1,092......................................................         14.0
1,093......................................................         13.8
1,094......................................................         12.9
1,095......................................................         11.3
1,096......................................................          8.0
1,097......................................................          6.8
1,098......................................................          4.2
1,099......................................................          1.6
1,100......................................................            0
1,101......................................................          0.2
1,102......................................................          1.0
1,103......................................................          2.6
1,104......................................................          5.8
1,105......................................................         11.1
1,106......................................................         16.1
1,107......................................................         20.6
1,108......................................................         22.5
1,109......................................................         23.3
1,110......................................................         25.7
1,111......................................................         29.1
1,112......................................................         32.2
1,113......................................................         33.8
1,114......................................................         34.1
1,115......................................................         34.3
1,116......................................................         34.4
1,117......................................................         34.9
1,118......................................................         36.2
1,119......................................................         37.0
1,120......................................................         38.3
1,121......................................................         39.4
1,122......................................................         40.2
1,123......................................................         40.1
1,124......................................................         39.9
1,125......................................................         40.2
1,126......................................................         40.9
1,127......................................................         41.5
1,128......................................................         41.8
1,129......................................................         42.5
1,130......................................................         42.8
1,131......................................................         43.3
1,132......................................................         43.5
1,133......................................................         43.5
1,134......................................................         43.5
1,135......................................................         43.3
1,136......................................................         43.1
1,137......................................................         43.1
1,138......................................................         42.6
1,139......................................................         42.5
1,140......................................................         41.8
1,141......................................................         41.0
1,142......................................................         39.6
1,143......................................................         37.8
1,144......................................................         34.6
1,145......................................................         32.2
1,146......................................................         28.2
1,147......................................................         25.7
1,148......................................................         22.5
1,149......................................................         17.2
1,150......................................................         11.9
1,151......................................................          6.6
1,152......................................................          1.3
1,153......................................................            0
1,154......................................................            0
1,155......................................................            0
1,156......................................................            0
1,157......................................................            0
1,158......................................................            0
1,159......................................................            0
1,160......................................................            0
1,161......................................................            0
1,162......................................................            0
1,163......................................................            0
1,164......................................................            0
1,165......................................................            0
1,166......................................................            0
1,167......................................................            0
1,168......................................................            0
1,169......................................................          3.4
1,170......................................................          8.7
1,171......................................................         14.0
1,172......................................................         19.3
1,173......................................................         24.6
1,174......................................................         29.9
1,175......................................................         34.0
1,176......................................................         37.0
1,177......................................................         37.8
1,178......................................................         37.0
1,179......................................................         36.2
1,180......................................................         32.2
1,181......................................................         26.9
1,182......................................................         21.6
1,183......................................................         16.3
1,184......................................................         10.9
1,185......................................................          5.6
1,186......................................................          0.3
1,187......................................................            0
1,188......................................................            0
1,189......................................................            0

[[Page 546]]

 
1,190......................................................            0
1,191......................................................            0
1,192......................................................            0
1,193......................................................            0
1,194......................................................            0
1,195......................................................            0
1,196......................................................            0
1,197......................................................          0.3
1,198......................................................          2.4
1,199......................................................          5.6
1,200......................................................         10.5
1,201......................................................         15.8
1,202......................................................         19.3
1,203......................................................         20.8
1,204......................................................         20.9
1,205......................................................         20.3
1,206......................................................         20.6
1,207......................................................         21.1
1,208......................................................         21.1
1,209......................................................         22.5
1,210......................................................         24.9
1,211......................................................         27.4
1,212......................................................         29.9
1,213......................................................         31.7
1,214......................................................         33.8
1,215......................................................         34.6
1,216......................................................         35.1
1,217......................................................         35.1
1,218......................................................         34.6
1,219......................................................         34.1
1,220......................................................         34.6
1,221......................................................         35.1
1,222......................................................         35.4
1,223......................................................         35.2
1,224......................................................         34.9
1,225......................................................         34.6
1,226......................................................         34.6
1,227......................................................         34.4
1,228......................................................         32.3
1,229......................................................         31.4
1,230......................................................         30.9
1,231......................................................         31.5
1,232......................................................         31.9
1,233......................................................         32.2
1,234......................................................         31.4
1,235......................................................         28.2
1,236......................................................         24.9
1,237......................................................         20.9
1,238......................................................         16.1
1,239......................................................         12.9
1,240......................................................          9.7
1,241......................................................          6.4
1,242......................................................          4.0
1,243......................................................          1.1
1,244......................................................            0
1,245......................................................            0
1,246......................................................            0
1,247......................................................            0
1,248......................................................            0
1,249......................................................            0
1,250......................................................            0
1,251......................................................            0
1,252......................................................          1.6
1,253......................................................          1.6
1,254......................................................          1.6
1,255......................................................          1.6
1,256......................................................          1.6
1,257......................................................          2.6
1,258......................................................          4.8
1,259......................................................          6.4
1,260......................................................          8.0
1,261......................................................         10.1
1,262......................................................         12.9
1,263......................................................         16.1
1,264......................................................         16.9
1,265......................................................         15.3
1,266......................................................         13.7
1,267......................................................         12.2
1,268......................................................         14.2
1,269......................................................         17.7
1,270......................................................         22.5
1,271......................................................         27.4
1,272......................................................         31.4
1,273......................................................         33.8
1,274......................................................         35.1
1,275......................................................         35.7
1,276......................................................         37.0
1,277......................................................         38.0
1,278......................................................         38.8
1,279......................................................         39.4
1,280......................................................         39.4
1,281......................................................         38.6
1,282......................................................         37.8
1,283......................................................         37.8
1,284......................................................         37.8
1,285......................................................         37.8
1,286......................................................         37.8
1,287......................................................         37.8
1,288......................................................         38.6
1,289......................................................         38.8
1,290......................................................         39.4
1,291......................................................         39.8
1,292......................................................         40.2
1,293......................................................         40.9
1,294......................................................         41.2
1,295......................................................         41.4
1,296......................................................         41.8
1,297......................................................         42.2
1,298......................................................         43.5
1,299......................................................         44.7
1,300......................................................         45.5
1,301......................................................         46.7
1,302......................................................         46.8
1,303......................................................         46.7
1,304......................................................         45.1
1,305......................................................         39.8
1,306......................................................         34.4
1,307......................................................         29.1
1,308......................................................         23.8
1,309......................................................         18.5
1,310......................................................         13.2
1,311......................................................          7.9
1,312......................................................          2.6
1,313......................................................            0
1,314......................................................            0
1,315......................................................            0
1,316......................................................            0
1,317......................................................            0
1,318......................................................            0
1,319......................................................            0
1,320......................................................            0
1,321......................................................            0
1,322......................................................            0
1,323......................................................            0
1,324......................................................            0
1,325......................................................            0
1,326......................................................            0
1,327......................................................            0
1,328......................................................            0
1,329......................................................            0

[[Page 547]]

 
1,330......................................................            0
1,331......................................................            0
1,332......................................................            0
1,333......................................................            0
1,334......................................................            0
1,335......................................................            0
1,336......................................................            0
1,337......................................................            0
1,338......................................................          2.4
1,339......................................................          7.7
1,340......................................................         13.0
1,341......................................................         18.3
1,342......................................................         21.2
1,343......................................................         24.3
1,344......................................................         27.0
1,345......................................................         29.5
1,346......................................................         31.4
1,347......................................................         32.7
1,348......................................................         34.3
1,349......................................................         35.2
1,350......................................................         35.6
1,351......................................................         36.0
1,352......................................................         35.4
1,353......................................................         34.8
1,354......................................................         34.0
1,355......................................................         33.0
1,356......................................................         32.2
1,357......................................................         31.5
1,358......................................................         29.8
1,359......................................................         28.2
1,360......................................................         26.6
1,361......................................................         24.9
1,362......................................................         22.5
1,363......................................................         17.7
1,364......................................................         12.9
1,365......................................................          8.4
1,366......................................................          4.0
1,367......................................................            0
1,368......................................................            0
1,369......................................................            0
1,370......................................................            0
1,371......................................................            0
------------------------------------------------------------------------

    (c) EPA Urban Dynamometer Driving Schedule for motorcycles with 
engine displacements less than 170 cc (10.4 cu. in.).

                       Speed Versus Time Sequence
------------------------------------------------------------------------
                                                                Speed
                       Time (seconds)                        (kilometers
                                                              per hour)
------------------------------------------------------------------------
1..........................................................            0
2..........................................................            0
3..........................................................            0
4..........................................................            0
5..........................................................            0
6..........................................................            0
7..........................................................            0
8..........................................................            0
9..........................................................            0
10.........................................................            0
11.........................................................            0
12.........................................................            0
13.........................................................            0
14.........................................................            0
15.........................................................            0
16.........................................................            0
17.........................................................            0
18.........................................................            0
19.........................................................            0
20.........................................................            0
21.........................................................          4.8
22.........................................................          9.5
23.........................................................         13.8
24.........................................................         18.5
25.........................................................         23.0
26.........................................................         27.2
27.........................................................         27.8
28.........................................................         29.1
29.........................................................         33.3
30.........................................................         34.9
31.........................................................         36.0
32.........................................................         36.2
33.........................................................         35.6
34.........................................................         34.6
35.........................................................         33.6
36.........................................................         32.8
37.........................................................         31.9
38.........................................................         27.4
39.........................................................         24.0
40.........................................................         24.0
41.........................................................         24.5
42.........................................................         24.9
43.........................................................         25.7
44.........................................................         27.5
45.........................................................         30.7
46.........................................................         34.0
47.........................................................         36.5
48.........................................................         36.9
49.........................................................         36.5
50.........................................................         36.4
51.........................................................         34.3
52.........................................................         30.6
53.........................................................         27.5
54.........................................................         25.4
55.........................................................         25.4
56.........................................................         28.6
57.........................................................         31.9
58.........................................................         34.8
59.........................................................         37.3
60.........................................................         38.9
61.........................................................         39.6
62.........................................................         40.1
63.........................................................         40.2
64.........................................................         39.6
65.........................................................         39.4
66.........................................................         39.8
67.........................................................         39.9
68.........................................................         39.8
69.........................................................         39.6
70.........................................................         39.6
71.........................................................         40.4
72.........................................................         41.2
73.........................................................         41.4
74.........................................................         40.9
75.........................................................         40.1
76.........................................................         40.2
77.........................................................         40.9
78.........................................................         41.8
79.........................................................         41.8
80.........................................................         41.4
81.........................................................         42.0
82.........................................................         43.0
83.........................................................         44.3
84.........................................................         46.0
85.........................................................         47.2
86.........................................................         48.0
87.........................................................         48.4

[[Page 548]]

 
88.........................................................         48.9
89.........................................................         49.4
90.........................................................         49.4
91.........................................................         49.1
92.........................................................         48.9
93.........................................................         48.8
94.........................................................         48.9
95.........................................................         49.6
96.........................................................         48.9
97.........................................................         48.1
98.........................................................         47.5
99.........................................................         48.0
100........................................................         48.8
101........................................................         49.4
102........................................................         49.7
103........................................................         49.9
104........................................................         49.7
105........................................................         48.9
106........................................................         48.0
107........................................................         48.1
108........................................................         48.6
109........................................................         49.4
110........................................................         50.2
111........................................................         51.2
112........................................................         51.8
113........................................................         52.1
114........................................................         51.8
115........................................................         51.0
116........................................................         46.0
117........................................................         40.7
118........................................................         35.4
119........................................................         30.1
120........................................................         24.8
121........................................................         19.5
122........................................................         14.2
123........................................................          8.9
124........................................................          3.5
125........................................................            0
126........................................................            0
127........................................................            0
128........................................................            0
129........................................................            0
130........................................................            0
131........................................................            0
132........................................................            0
133........................................................            0
134........................................................            0
135........................................................            0
136........................................................            0
137........................................................            0
138........................................................            0
139........................................................            0
140........................................................            0
141........................................................            0
142........................................................            0
143........................................................            0
144........................................................            0
145........................................................            0
146........................................................            0
147........................................................            0
148........................................................            0
149........................................................            0
150........................................................            0
151........................................................            0
152........................................................            0
153........................................................            0
154........................................................            0
155........................................................            0
156........................................................            0
157........................................................            0
158........................................................            0
159........................................................            0
160........................................................            0
161........................................................            0
162........................................................            0
163........................................................            0
164........................................................          3.4
165........................................................          6.8
166........................................................         10.3
167........................................................         13.7
168........................................................         17.1
169........................................................         20.5
170........................................................         23.0
171........................................................         25.2
172........................................................         26.7
173........................................................         27.4
174........................................................         26.6
175........................................................         26.0
176........................................................         25.6
177........................................................         25.9
178........................................................         26.1
179........................................................         26.3
180........................................................         26.7
181........................................................         28.2
182........................................................         27.5
183........................................................         24.9
184........................................................         23.5
185........................................................         20.1
186........................................................         18.3
187........................................................         17.8
188........................................................         18.8
189........................................................         19.3
190........................................................         20.7
191........................................................         23.0
192........................................................         25.4
193........................................................         28.3
194........................................................         31.6
195........................................................         34.7
196........................................................         37.5
197........................................................         38.6
198........................................................         40.7
199........................................................         42.0
200........................................................         43.6
201........................................................         45.1
202........................................................         46.7
203........................................................         47.7
204........................................................         48.5
205........................................................         49.2
206........................................................         49.2
207........................................................         49.0
208........................................................         48.9
209........................................................         48.7
210........................................................         48.7
211........................................................         48.7
212........................................................         48.7
213........................................................         48.7
214........................................................         48.9
215........................................................         49.1
216........................................................         49.6
217........................................................         50.2
218........................................................         50.9
219........................................................         51.3
220........................................................         51.8
221........................................................         52.4
222........................................................         52.8
223........................................................         53.4
224........................................................         54.1
225........................................................         55.1
226........................................................         56.0
227........................................................         56.6

[[Page 549]]

 
228........................................................         56.9
229........................................................         57.0
230........................................................         56.9
231........................................................         56.6
232........................................................         56.6
233........................................................         56.8
234........................................................         57.1
235........................................................         57.5
236........................................................         57.7
237........................................................         58.1
238........................................................         58.3
239........................................................         58.6
240........................................................         58.7
241........................................................         58.7
242........................................................         58.5
243........................................................         58.5
244........................................................         58.5
245........................................................         58.5
246........................................................         58.5
247........................................................         58.5
248........................................................         58.4
249........................................................         58.1
250........................................................         57.8
251........................................................         57.1
252........................................................         56.6
253........................................................         56.2
254........................................................         55.9
255........................................................         55.6
256........................................................         55.5
257........................................................         55.8
258........................................................         55.9
259........................................................         56.0
260........................................................         56.0
261........................................................         55.7
262........................................................         55.3
263........................................................         54.9
264........................................................         54.5
265........................................................         54.0
266........................................................         54.3
267........................................................         53.9
268........................................................         53.8
269........................................................         53.6
270........................................................         53.4
271........................................................         53.5
272........................................................         53.7
273........................................................         54.0
274........................................................         54.4
275........................................................         54.9
276........................................................         55.4
277........................................................         55.9
278........................................................         56.9
279........................................................         57.4
280........................................................         57.6
281........................................................         58.0
282........................................................         58.0
283........................................................         57.8
284........................................................         57.2
285........................................................         56.5
286........................................................         55.5
287........................................................         54.4
288........................................................         53.4
289........................................................         53.4
290........................................................         53.4
291........................................................         52.9
292........................................................         51.9
293........................................................         51.8
294........................................................         51.9
295........................................................         51.8
296........................................................         51.4
297........................................................         51.3
298........................................................         51.3
299........................................................         51.3
300........................................................         50.9
301........................................................         50.3
302........................................................         49.8
303........................................................         48.9
304........................................................         47.8
305........................................................         46.6
306........................................................         45.4
307........................................................         44.1
308........................................................         43.0
309........................................................         41.8
310........................................................         39.9
311........................................................         38.3
312........................................................         36.5
313........................................................         35.0
314........................................................         33.7
315........................................................         32.6
316........................................................         31.7
317........................................................         31.6
318........................................................         31.1
319........................................................         30.0
320........................................................         28.5
321........................................................         25.7
322........................................................         22.3
323........................................................         20.8
324........................................................         19.8
325........................................................         19.2
326........................................................         17.6
327........................................................         16.1
328........................................................         12.9
329........................................................         11.2
330........................................................          8.3
331........................................................          4.9
332........................................................          1.5
333........................................................            0
334........................................................            0
335........................................................            0
336........................................................            0
337........................................................            0
338........................................................            0
339........................................................            0
340........................................................            0
341........................................................            0
342........................................................            0
343........................................................            0
344........................................................            0
345........................................................            0
346........................................................            0
347........................................................          1.6
348........................................................          6.9
349........................................................         12.2
350........................................................         17.5
351........................................................         22.9
352........................................................         27.8
353........................................................         32.2
354........................................................         36.2
355........................................................         38.1
356........................................................         40.6
357........................................................         42.8
358........................................................         45.2
359........................................................         48.3
360........................................................         49.6
361........................................................         50.9
362........................................................         51.7
363........................................................         52.8
364........................................................         54.1
365........................................................         55.5
366........................................................         55.7
367........................................................         56.2

[[Page 550]]

 
368........................................................         56.0
369........................................................         55.5
370........................................................         55.8
371........................................................         57.1
372........................................................         57.9
373........................................................         57.9
374........................................................         57.9
375........................................................         57.9
376........................................................         57.9
377........................................................         57.9
378........................................................         58.1
379........................................................         58.6
380........................................................         58.7
381........................................................         58.6
382........................................................         57.9
383........................................................         56.5
384........................................................         54.9
385........................................................         53.9
386........................................................         50.5
387........................................................         46.7
388........................................................         41.4
389........................................................         37.0
390........................................................         32.7
391........................................................         26.2
392........................................................         23.3
393........................................................         19.3
394........................................................         14.0
395........................................................          8.7
396........................................................          3.4
397........................................................            0
398........................................................            0
399........................................................            0
400........................................................            0
401........................................................            0
402........................................................            0
403........................................................          4.2
404........................................................          9.5
405........................................................         14.8
406........................................................         20.1
407........................................................         25.4
408........................................................         30.7
409........................................................         36.0
410........................................................         40.2
411........................................................         41.2
412........................................................         44.3
413........................................................         46.7
414........................................................         48.3
415........................................................         48.4
416........................................................         48.3
417........................................................         47.8
418........................................................         47.2
419........................................................         46.3
420........................................................         45.1
421........................................................         40.2
422........................................................         34.9
423........................................................         29.6
424........................................................         24.3
425........................................................         19.0
426........................................................         13.7
427........................................................          8.4
428........................................................          3.1
429........................................................            0
430........................................................            0
431........................................................            0
432........................................................            0
433........................................................            0
434........................................................            0
435........................................................            0
436........................................................            0
437........................................................            0
438........................................................            0
439........................................................            0
440........................................................            0
441........................................................            0
442........................................................            0
443........................................................            0
444........................................................            0
445........................................................            0
446........................................................            0
447........................................................            0
448........................................................          5.3
449........................................................         10.6
450........................................................         15.9
451........................................................         21.2
452........................................................         26.6
453........................................................         31.9
454........................................................         37.2
455........................................................         42.5
456........................................................         44.7
457........................................................         46.8
458........................................................         50.7
459........................................................         53.1
460........................................................         54.1
461........................................................         56.0
462........................................................         56.5
463........................................................         57.3
464........................................................         58.1
465........................................................         57.9
466........................................................         58.1
467........................................................         58.3
468........................................................         57.9
469........................................................         57.5
470........................................................         57.9
471........................................................         57.9
472........................................................         57.3
473........................................................         57.1
474........................................................         57.0
475........................................................         56.6
476........................................................         56.6
477........................................................         56.6
478........................................................         56.6
479........................................................         56.6
480........................................................         56.6
481........................................................         56.3
482........................................................         56.5
483........................................................         56.6
484........................................................         57.1
485........................................................         56.6
486........................................................         56.3
487........................................................         56.3
488........................................................         56.3
489........................................................         56.0
490........................................................         55.7
491........................................................         55.5
492........................................................         53.9
493........................................................         51.5
494........................................................         48.4
495........................................................         45.1
496........................................................         41.0
497........................................................         36.2
498........................................................         31.9
499........................................................         26.6
500........................................................         21.2
501........................................................         16.6
502........................................................         11.6
503........................................................          6.4
504........................................................          1.6
505........................................................            0
506........................................................            0
507........................................................            0

[[Page 551]]

 
508........................................................            0
509........................................................            0
510........................................................            0
511........................................................          1.9
512........................................................          5.6
513........................................................          8.9
514........................................................         10.5
515........................................................         13.7
516........................................................         15.4
517........................................................         16.9
518........................................................         19.2
519........................................................         22.5
520........................................................         25.7
521........................................................         28.5
522........................................................         30.6
523........................................................         32.3
524........................................................         33.8
525........................................................         35.4
526........................................................         37.0
527........................................................         38.3
528........................................................         39.4
529........................................................         40.1
530........................................................         40.2
531........................................................         40.2
532........................................................         40.2
533........................................................         40.2
534........................................................         40.2
535........................................................         40.2
536........................................................         41.2
537........................................................         41.5
538........................................................         41.8
539........................................................         41.2
540........................................................         40.6
541........................................................         40.2
542........................................................         40.2
543........................................................         40.2
544........................................................         39.3
545........................................................         37.2
546........................................................         31.9
547........................................................         26.6
548........................................................         21.2
549........................................................         15.9
550........................................................         10.6
551........................................................          5.2
552........................................................            0
553........................................................            0
554........................................................            0
555........................................................            0
556........................................................            0
557........................................................            0
558........................................................            0
559........................................................            0
560........................................................            0
561........................................................            0
562........................................................            0
563........................................................            0
564........................................................            0
565........................................................            0
566........................................................            0
567........................................................            0
568........................................................            0
569........................................................          5.3
570........................................................         10.6
571........................................................         15.9
572........................................................         20.9
573........................................................         23.5
574........................................................         25.7
575........................................................         27.4
576........................................................         27.4
577........................................................         27.4
578........................................................         28.2
579........................................................         28.5
580........................................................         28.5
581........................................................         28.2
582........................................................         27.4
583........................................................         27.2
584........................................................         26.7
585........................................................         27.4
586........................................................         27.5
587........................................................         27.4
588........................................................         26.7
589........................................................         26.6
590........................................................         26.6
591........................................................         26.7
592........................................................         27.4
593........................................................         28.3
594........................................................         29.8
595........................................................         30.9
596........................................................         32.5
597........................................................         33.8
598........................................................         34.0
599........................................................         34.1
600........................................................         34.8
601........................................................         35.4
602........................................................         36.0
603........................................................         36.2
604........................................................         36.2
605........................................................         36.2
606........................................................         36.5
607........................................................         38.1
608........................................................         40.4
609........................................................         41.8
610........................................................         42.6
611........................................................         43.5
612........................................................         42.0
613........................................................         36.7
614........................................................         31.4
615........................................................         26.1
616........................................................         20.8
617........................................................         15.4
618........................................................         10.1
619........................................................          4.8
620........................................................            0
621........................................................            0
622........................................................            0
623........................................................            0
624........................................................            0
625........................................................            0
626........................................................            0
627........................................................            0
628........................................................            0
629........................................................            0
630........................................................            0
631........................................................            0
632........................................................            0
633........................................................            0
634........................................................            0
635........................................................            0
636........................................................            0
637........................................................            0
638........................................................            0
639........................................................            0
640........................................................            0
641........................................................            0
642........................................................            0
643........................................................            0
644........................................................            0
645........................................................            0
646........................................................          3.2
647........................................................          7.2

[[Page 552]]

 
648........................................................         12.6
649........................................................         16.4
650........................................................         20.1
651........................................................         22.5
652........................................................         24.6
653........................................................         28.2
654........................................................         31.5
655........................................................         33.8
656........................................................         35.7
657........................................................         37.5
658........................................................         39.4
659........................................................         40.7
660........................................................         41.2
661........................................................         41.8
662........................................................         42.0
663........................................................         42.2
664........................................................         42.2
665........................................................         42.5
666........................................................         42.6
667........................................................         42.6
668........................................................         41.8
669........................................................         41.0
670........................................................         38.0
671........................................................         34.4
672........................................................         29.8
673........................................................         26.4
674........................................................         23.3
675........................................................         18.7
676........................................................         14.0
677........................................................          9.3
678........................................................          5.6
679........................................................          3.2
680........................................................            0
681........................................................            0
682........................................................            0
683........................................................            0
684........................................................            0
685........................................................            0
686........................................................            0
687........................................................            0
688........................................................            0
689........................................................            0
690........................................................            0
691........................................................            0
692........................................................            0
693........................................................            0
694........................................................          2.3
695........................................................          5.3
696........................................................          7.1
697........................................................         10.5
698........................................................         14.8
699........................................................         18.2
700........................................................         21.7
701........................................................         23.5
702........................................................         26.4
703........................................................         26.9
704........................................................         26.6
705........................................................         26.6
706........................................................         29.3
707........................................................         30.9
708........................................................         32.3
709........................................................         34.6
710........................................................         36.2
711........................................................         36.2
712........................................................         35.6
713........................................................         36.5
714........................................................         37.5
715........................................................         37.8
716........................................................         36.2
717........................................................         34.8
718........................................................         33.0
719........................................................         29.0
720........................................................         24.1
721........................................................         19.3
722........................................................         14.5
723........................................................         10.0
724........................................................          7.2
725........................................................          4.8
726........................................................          3.4
727........................................................          0.8
728........................................................          0.8
729........................................................          5.1
730........................................................         10.5
731........................................................         15.4
732........................................................         20.1
733........................................................         22.5
734........................................................         25.7
735........................................................         29.0
736........................................................         31.5
737........................................................         34.6
738........................................................         37.2
739........................................................         39.4
740........................................................         41.0
741........................................................         42.6
742........................................................         43.6
743........................................................         44.4
744........................................................         44.9
745........................................................         45.5
746........................................................         46.0
747........................................................         46.0
748........................................................         45.5
749........................................................         45.4
750........................................................         45.1
751........................................................         44.3
752........................................................         43.1
753........................................................         41.0
754........................................................         37.8
755........................................................         34.6
756........................................................         30.6
757........................................................         26.6
758........................................................         24.0
759........................................................         20.1
760........................................................         15.1
761........................................................         10.0
762........................................................          4.8
763........................................................          2.4
764........................................................          2.4
765........................................................          0.8
766........................................................            0
767........................................................          4.8
768........................................................         10.1
769........................................................         15.4
770........................................................         20.8
771........................................................         25.4
772........................................................         28.2
773........................................................         29.6
774........................................................         31.4
775........................................................         33.3
776........................................................         35.4
777........................................................         37.3
778........................................................         40.2
779........................................................         42.6
780........................................................         44.3
781........................................................         45.1
782........................................................         45.5
783........................................................         46.5
784........................................................         46.5
785........................................................         46.5
786........................................................         46.3
787........................................................         45.9

[[Page 553]]

 
788........................................................         45.5
789........................................................         45.5
790........................................................         45.5
791........................................................         45.4
792........................................................         44.4
793........................................................         44.3
794........................................................         44.3
795........................................................         44.3
796........................................................         44.3
797........................................................         44.3
798........................................................         44.3
799........................................................         44.4
800........................................................         45.1
801........................................................         45.9
802........................................................         48.3
803........................................................         49.9
804........................................................         51.5
805........................................................         53.1
806........................................................         53.1
807........................................................         54.1
808........................................................         54.7
809........................................................         55.2
810........................................................         55.0
811........................................................         54.7
812........................................................         54.7
813........................................................         54.6
814........................................................         54.1
815........................................................         53.3
816........................................................         53.1
817........................................................         52.3
818........................................................         51.5
819........................................................         51.3
820........................................................         50.9
821........................................................         50.7
822........................................................         49.2
823........................................................         48.3
824........................................................         48.1
825........................................................         48.1
826........................................................         48.1
827........................................................         48.1
828........................................................         47.6
829........................................................         47.5
830........................................................         47.5
831........................................................         47.2
832........................................................         46.5
833........................................................         45.4
834........................................................         44.6
835........................................................         43.5
836........................................................         41.0
837........................................................         38.1
838........................................................         35.4
839........................................................         33.0
840........................................................         30.9
841........................................................         30.9
842........................................................         32.3
843........................................................         33.6
844........................................................         34.4
845........................................................         35.4
846........................................................         36.4
847........................................................         37.3
848........................................................         38.6
849........................................................         40.2
850........................................................         41.8
851........................................................         42.8
852........................................................         42.8
853........................................................         43.1
854........................................................         43.5
855........................................................         43.8
856........................................................         44.7
857........................................................         45.2
858........................................................         46.3
859........................................................         46.5
860........................................................         46.7
861........................................................         46.8
862........................................................         46.7
863........................................................         45.2
864........................................................         44.3
865........................................................         43.5
866........................................................         41.5
867........................................................         40.2
868........................................................         39.4
869........................................................         39.9
870........................................................         40.4
871........................................................         41.0
872........................................................         41.4
873........................................................         42.2
874........................................................         43.3
875........................................................         44.3
876........................................................         44.7
877........................................................         45.7
878........................................................         46.7
879........................................................         47.0
880........................................................         46.8
881........................................................         46.7
882........................................................         46.5
883........................................................         45.9
884........................................................         45.2
885........................................................         45.1
886........................................................         45.1
887........................................................         44.4
888........................................................         43.8
889........................................................         42.8
890........................................................         43.5
891........................................................         44.3
892........................................................         44.7
893........................................................         45.1
894........................................................         44.7
895........................................................         45.1
896........................................................         45.1
897........................................................         45.1
898........................................................         44.6
899........................................................         44.1
900........................................................         43.3
901........................................................         42.8
902........................................................         42.6
903........................................................         42.6
904........................................................         42.6
905........................................................         42.3
906........................................................         42.2
907........................................................         42.2
908........................................................         41.7
909........................................................         41.2
910........................................................         41.2
911........................................................         41.7
912........................................................         41.5
913........................................................         41.0
914........................................................         39.6
915........................................................         37.8
916........................................................         35.7
917........................................................         34.8
918........................................................         34.8
919........................................................         34.9
920........................................................         36.4
921........................................................         37.7
922........................................................         38.6
923........................................................         38.9
924........................................................         39.3
925........................................................         40.1
926........................................................         40.4
927........................................................         40.6

[[Page 554]]

 
928........................................................         40.7
929........................................................         41.0
930........................................................         40.6
931........................................................         40.2
932........................................................         40.2
933........................................................         40.2
934........................................................         39.8
935........................................................         39.4
936........................................................         39.1
937........................................................         39.1
938........................................................         39.4
939........................................................         40.2
940........................................................         40.2
941........................................................         39.6
942........................................................         39.6
943........................................................         38.8
944........................................................         39.4
945........................................................         40.4
946........................................................         41.2
947........................................................         40.4
948........................................................         38.6
949........................................................         35.4
950........................................................         32.3
951........................................................         27.2
952........................................................         21.9
953........................................................         16.6
954........................................................         11.3
955........................................................          6.0
956........................................................          0.6
957........................................................            0
958........................................................            0
959........................................................            0
960........................................................          3.2
961........................................................          8.5
962........................................................         13.8
963........................................................         19.2
964........................................................         24.5
965........................................................         28.2
966........................................................         29.9
967........................................................         32.2
968........................................................         34.0
969........................................................         35.4
970........................................................         37.0
971........................................................         39.4
972........................................................         42.3
973........................................................         44.3
974........................................................         45.2
975........................................................         45.7
976........................................................         45.9
977........................................................         45.9
978........................................................         45.9
979........................................................         44.6
980........................................................         44.3
981........................................................         43.8
982........................................................         43.1
983........................................................         42.6
984........................................................         41.8
985........................................................         41.4
986........................................................         40.6
987........................................................         38.6
988........................................................         35.4
989........................................................         34.6
990........................................................         34.6
991........................................................         35.1
992........................................................         36.2
993........................................................         37.0
994........................................................         36.7
995........................................................         36.7
996........................................................         37.0
997........................................................         36.5
998........................................................         36.5
999........................................................         36.5
1,000......................................................         37.8
1,001......................................................         38.6
1,002......................................................         39.6
1,003......................................................         39.9
1,004......................................................         40.4
1,005......................................................         41.0
1,006......................................................         41.2
1,007......................................................         41.0
1,008......................................................         40.2
1,009......................................................         38.8
1,010......................................................         38.1
1,011......................................................         37.3
1,012......................................................         36.9
1,013......................................................         36.2
1,014......................................................         35.4
1,015......................................................         34.8
1,016......................................................         33.0
1,017......................................................         28.2
1,018......................................................         22.9
1,019......................................................         17.5
1,020......................................................         12.2
1,021......................................................          6.9
1,022......................................................          1.6
1,023......................................................            0
1,024......................................................            0
1,025......................................................            0
1,026......................................................            0
1,027......................................................            0
1,028......................................................            0
1,029......................................................            0
1,030......................................................            0
1,031......................................................            0
1,032......................................................            0
1,033......................................................            0
1,034......................................................            0
1,035......................................................            0
1,036......................................................            0
1,037......................................................            0
1,038......................................................            0
1,039......................................................            0
1,040......................................................            0
1,041......................................................            0
1,042......................................................            0
1,043......................................................            0
1,044......................................................            0
1,045......................................................            0
1,046......................................................            0
1,047......................................................            0
1,048......................................................            0
1,049......................................................            0
1,050......................................................            0
1,051......................................................            0
1,052......................................................            0
1,053......................................................          1.9
1,054......................................................          6.4
1,055......................................................         11.7
1,056......................................................         17.1
1,057......................................................         22.4
1,058......................................................         27.4
1,059......................................................         29.8
1,060......................................................         32.2
1,061......................................................         35.1
1,062......................................................         37.0
1,063......................................................         38.6
1,064......................................................         39.9
1,065......................................................         41.2
1,066......................................................         42.6
1,067......................................................         43.1

[[Page 555]]

 
1,068......................................................         44.1
1,069......................................................         44.9
1,070......................................................         45.5
1,071......................................................         45.1
1,072......................................................         44.3
1,073......................................................         43.5
1,074......................................................         43.5
1,075......................................................         42.3
1,076......................................................         39.4
1,077......................................................         36.2
1,078......................................................         34.6
1,079......................................................         33.2
1,080......................................................         29.0
1,081......................................................         24.1
1,082......................................................         19.8
1,083......................................................         17.9
1,084......................................................         17.1
1,085......................................................         16.1
1,086......................................................         15.3
1,087......................................................         14.6
1,088......................................................         14.0
1,089......................................................         13.8
1,090......................................................         14.2
1,091......................................................         14.5
1,092......................................................         14.0
1,093......................................................         13.8
1,094......................................................         12.9
1,095......................................................         11.3
1,096......................................................          8.0
1,097......................................................          6.8
1,098......................................................          4.2
1,099......................................................          1.6
1,100......................................................          0.9
1,101......................................................          0.2
1,102......................................................          1.0
1,103......................................................          2.6
1,104......................................................          5.8
1,105......................................................         11.1
1,106......................................................         16.1
1,107......................................................         20.6
1,108......................................................         22.5
1,109......................................................         23.3
1,110......................................................         25.7
1,111......................................................         29.1
1,112......................................................         32.2
1,113......................................................         33.8
1,114......................................................         34.1
1,115......................................................         34.3
1,116......................................................         34.4
1,117......................................................         34.9
1,118......................................................         36.2
1,119......................................................         37.0
1,120......................................................         38.3
1,121......................................................         39.4
1,122......................................................         40.2
1,123......................................................         40.1
1,124......................................................         39.9
1,125......................................................         40.2
1,126......................................................         40.9
1,127......................................................         41.5
1,128......................................................         41.8
1,129......................................................         42.5
1,130......................................................         42.8
1,131......................................................         43.3
1,132......................................................         43.5
1,133......................................................         43.5
1,134......................................................         43.5
1,135......................................................         43.3
1,136......................................................         43.1
1,137......................................................         43.1
1,138......................................................         42.6
1,139......................................................         42.5
1,140......................................................         41.8
1,141......................................................         41.0
1,142......................................................         39.6
1,143......................................................         37.8
1,144......................................................         34.6
1,145......................................................         32.2
1,146......................................................         28.2
1,147......................................................         25.7
1,148......................................................         22.5
1,149......................................................         17.2
1,150......................................................         11.9
1,151......................................................          6.6
1,152......................................................          1.3
1,153......................................................            0
1,154......................................................            0
1,155......................................................            0
1,156......................................................            0
1,157......................................................            0
1,158......................................................            0
1,159......................................................            0
1,160......................................................            0
1,161......................................................            0
1,162......................................................            0
1,163......................................................            0
1,164......................................................            0
1,165......................................................            0
1,166......................................................            0
1,167......................................................            0
1,168......................................................            0
1,169......................................................          3.4
1,170......................................................          8.7
1,171......................................................         14.0
1,172......................................................         19.3
1,173......................................................         24.6
1,174......................................................         29.9
1,175......................................................         34.0
1,176......................................................         37.0
1,177......................................................         37.8
1,178......................................................         37.0
1,179......................................................         36.2
1,180......................................................         32.2
1,181......................................................         26.9
1,182......................................................         21.6
1,183......................................................         16.3
1,184......................................................         10.9
1,185......................................................          5.6
1,186......................................................          0.3
1,187......................................................            0
1,188......................................................            0
1,189......................................................            0
1,190......................................................            0
1,191......................................................            0
1,192......................................................            0
1,193......................................................          0.0
1,194......................................................          0.0
1,195......................................................          0.0
1,196......................................................          0.0
1,197......................................................          0.3
1,198......................................................          2.4
1,199......................................................          5.6
1,200......................................................         10.5
1,201......................................................         15.8
1,202......................................................         19.3
1,203......................................................         20.8
1,204......................................................         20.9
1,205......................................................         20.3
1,206......................................................         20.6
1,207......................................................         21.1

[[Page 556]]

 
1,208......................................................         21.1
1,209......................................................         22.5
1,210......................................................         24.9
1,211......................................................         27.4
1,212......................................................         29.9
1,213......................................................         31.7
1,214......................................................         33.8
1,215......................................................         34.6
1,216......................................................         35.1
1,217......................................................         35.1
1,218......................................................         34.6
1,219......................................................         34.1
1,220......................................................         34.6
1,221......................................................         35.1
1,222......................................................         35.4
1,223......................................................         35.2
1,224......................................................         34.9
1,225......................................................         34.6
1,226......................................................         34.6
1,227......................................................         34.4
1,228......................................................         32.3
1,229......................................................         31.4
1,230......................................................         30.9
1,231......................................................         31.5
1,232......................................................         31.9
1,233......................................................         32.2
1,234......................................................         31.4
1,235......................................................         28.2
1,236......................................................         24.9
1,237......................................................         20.9
1,238......................................................         16.1
1,239......................................................         12.9
1.240......................................................          9.7
1,241......................................................          6.4
1,242......................................................          4.0
1,243......................................................          1.1
1,244......................................................            0
1,245......................................................            0
1,246......................................................            0
1,247......................................................            0
1,248......................................................            0
1,249......................................................            0
1,250......................................................            0
1,251......................................................            0
1,252......................................................          1.6
1,253......................................................          1.6
1,254......................................................          1.6
1,255......................................................          1.6
1,256......................................................          1.6
1,257......................................................          2.6
1,258......................................................          4.8
1,259......................................................          6.4
1,260......................................................          8.0
1,261......................................................         10.1
1,262......................................................         12.9
1,263......................................................         16.1
1,264......................................................         16.9
1,265......................................................         15.3
1,266......................................................         13.7
1,267......................................................         12.2
1,268......................................................         14.2
1,269......................................................         17.7
1,270......................................................         22.5
1,271......................................................         27.4
1,272......................................................         31.4
1,273......................................................         33.8
1,274......................................................         35.1
1,275......................................................         35.7
1,276......................................................         37.0
1,277......................................................         38.0
1,278......................................................         38.8
1,279......................................................         39.4
1,280......................................................         39.4
1,281......................................................         38.6
1,282......................................................         37.8
1,283......................................................         37.8
1,284......................................................         37.8
1,285......................................................         37.8
1,286......................................................         37.8
1,287......................................................         37.8
1,288......................................................         38.6
1,289......................................................         38.8
1,290......................................................         39.4
1,291......................................................         39.8
1,292......................................................         40.2
1,293......................................................         40.9
1,294......................................................         41.2
1,295......................................................         41.4
1,296......................................................         41.8
1,297......................................................         42.2
1,298......................................................         43.5
1,299......................................................         44.7
1,300......................................................         45.5
1,301......................................................         46.7
1,302......................................................         46.8
1,303......................................................         46.7
1,304......................................................         45.1
1,305......................................................         39.8
1,306......................................................         34.4
1,307......................................................         29.1
1,308......................................................         23.8
1,309......................................................         18.5
1,310......................................................         13.2
1,311......................................................          7.9
1,312......................................................          2.6
1,313......................................................            0
1,314......................................................            0
1,315......................................................            0
1,316......................................................            0
1,317......................................................            0
1,318......................................................            0
1,319......................................................            0
1,320......................................................            0
1,321......................................................            0
1,322......................................................            0
1,323......................................................            0
1,324......................................................            0
1,325......................................................            0
1,326......................................................            0
1,327......................................................            0
1,328......................................................            0
1,329......................................................            0
1,330......................................................            0
1,331......................................................            0
1,332......................................................            0
1,333......................................................            0
1,334......................................................            0
1,335......................................................            0
1,336......................................................            0
1,337......................................................            0
1,338......................................................          2.4
1,339......................................................          7.7
1,340......................................................         13.0
1,341......................................................         16.3
1,342......................................................         21.2
1,343......................................................         24.3
1,344......................................................         27.0
1,345......................................................         29.5
1,346......................................................         31.4
1,347......................................................         32.7

[[Page 557]]

 
1,348......................................................         34.3
1,349......................................................         35.2
1,350......................................................         35.6
1,351......................................................         36.0
1,352......................................................         35.4
1,353......................................................         34.8
1,354......................................................         34.0
1,355......................................................         33.0
1,356......................................................         32.2
1,357......................................................         31.8
1,358......................................................         29.8
1,359......................................................         28.2
1,360......................................................         26.6
1,361......................................................         24.9
1,362......................................................         22.5
1,363......................................................         17.7
1,364......................................................         12.9
1,365......................................................          8.4
1,366......................................................          4.0
1,367......................................................            0
1,368......................................................            0
1,369......................................................            0
1,370......................................................            0
1,371......................................................            0
------------------------------------------------------------------------

    (d) EPA Urban Dynamometer Driving Schedule for Heavy-Duty Vehicles.

                       Speed Versus Time Sequence
------------------------------------------------------------------------
                                                                  Speed
                          Record (sec)                            (mph)
------------------------------------------------------------------------
0..............................................................     0.0
1..............................................................     0.0
2..............................................................     0.0
3..............................................................     0.0
4..............................................................     0.0
5..............................................................     0.0
6..............................................................     0.0
7..............................................................     0.0
8..............................................................     0.0
9..............................................................     0.0
10.............................................................     0.0
11.............................................................     0.0
12.............................................................     0.0
13.............................................................     0.0
14.............................................................     0.0
15.............................................................     0.0
16.............................................................     0.0
17.............................................................     0.0
18.............................................................     0.0
19.............................................................     0.0
20.............................................................     0.0
21.............................................................     0.0
22.............................................................     0.0
23.............................................................     0.0
24.............................................................     0.0
25.............................................................     0.19
26.............................................................     1.00
27.............................................................     1.51
28.............................................................     2.66
29.............................................................     4.64
30.............................................................     6.96
31.............................................................     8.86
32.............................................................     7.71
33.............................................................     7.45
34.............................................................     9.22
35.............................................................    10.00
36.............................................................     9.08
37.............................................................    10.08
38.............................................................    11.24
39.............................................................    12.79
40.............................................................    14.00
41.............................................................    12.58
42.............................................................    12.87
43.............................................................    13.00
44.............................................................    13.00
45.............................................................    13.68
46.............................................................    15.00
47.............................................................    15.00
48.............................................................    13.37
49.............................................................    12.08
50.............................................................    12.26
51.............................................................    14.29
52.............................................................    14.56
53.............................................................    15.20
54.............................................................    16.76
55.............................................................    17.00
56.............................................................    17.00
57.............................................................    17.23
58.............................................................    18.77
59.............................................................    20.54
60.............................................................    19.60
61.............................................................    18.14
62.............................................................    17.98
63.............................................................    17.00
64.............................................................    16.34
65.............................................................    15.00
66.............................................................    15.00
67.............................................................    15.00
68.............................................................    15.96
69.............................................................    12.35
70.............................................................    15.28
71.............................................................    14.27
72.............................................................    12.59
73.............................................................    12.25
74.............................................................     9.28
75.............................................................     8.00
76.............................................................     8.00
77.............................................................     8.38
78.............................................................     9.53
79.............................................................    10.69
80.............................................................    11.00
81.............................................................     9.00
82.............................................................     9.00
83.............................................................     9.32
84.............................................................    10.00
85.............................................................     9.36
86.............................................................     9.00
87.............................................................     9.95
88.............................................................    14.33
89.............................................................    17.53
90.............................................................    19.42
91.............................................................    20.00
92.............................................................    20.74
93.............................................................    21.00
94.............................................................    21.11
95.............................................................    23.84
96.............................................................    27.00
97.............................................................    27.00
98.............................................................    29.05
99.............................................................    32.52
100............................................................    31.01
101............................................................    31.00
102............................................................    31.62
103............................................................    33.00
104............................................................    32.37
105............................................................    30.43
106............................................................    30.00
107............................................................    30.00

[[Page 558]]

 
108............................................................    30.51
109............................................................    32.41
110............................................................    33.00
111............................................................    32.27
112............................................................    32.00
113............................................................    31.04
114............................................................    32.20
115............................................................    33.36
116............................................................    34.00
117............................................................    34.00
118............................................................    34.00
119............................................................    33.01
120............................................................    31.86
121............................................................    30.10
122............................................................    26.17
123............................................................    23.39
124............................................................    21.46
125............................................................    17.28
126............................................................    15.83
127............................................................    13.76
128............................................................    12.60
129............................................................    10.33
130............................................................     8.28
131............................................................     5.38
132............................................................     2.91
133............................................................     0.0
134............................................................     0.0
135............................................................     0.0
136............................................................     0.0
137............................................................     0.0
138............................................................     0.0
139............................................................     0.0
140............................................................     0.0
141............................................................     0.0
142............................................................     0.0
143............................................................     0.0
144............................................................     0.0
145............................................................     0.0
146............................................................     0.0
147............................................................     0.0
148............................................................     0.0
149............................................................     0.0
150............................................................     0.0
151............................................................     0.0
152............................................................     0.0
153............................................................     0.0
154............................................................     0.0
155............................................................     0.0
156............................................................     0.0
157............................................................     0.0
158............................................................     0.0
159............................................................     0.0
160............................................................     0.0
161............................................................     0.0
162............................................................     0.0
163............................................................     0.0
164............................................................     0.0
165............................................................     0.0
166............................................................     0.0
167............................................................     0.0
168............................................................     0.0
169............................................................     0.0
170............................................................     0.0
171............................................................     0.0
172............................................................     0.0
173............................................................     0.0
174............................................................     0.51
175............................................................     0.33
176............................................................     0.0
177............................................................     0.0
178............................................................     0.0
179............................................................     0.0
180............................................................     0.0
181............................................................     0.0
182............................................................     0.0
183............................................................     0.0
184............................................................     0.0
185............................................................     0.0
186............................................................     0.0
187............................................................     0.0
188............................................................     0.0
189............................................................     0.0
190............................................................     0.0
191............................................................     0.0
192............................................................     0.0
193............................................................     0.0
194............................................................     0.0
195............................................................     0.0
196............................................................     0.0
197............................................................     0.13
198............................................................     0.71
199............................................................     0.0
200............................................................     0.0
201............................................................     0.0
202............................................................     0.0
203............................................................     4.15
204............................................................     6.00
205............................................................     6.00
206............................................................     6.00
207............................................................     5.30
208............................................................     4.14
209............................................................     1.96
210............................................................     0.0
211............................................................     0.0
212............................................................     0.0
213............................................................     0.0
214............................................................     0.0
215............................................................     0.0
216............................................................     0.0
217............................................................     0.0
218............................................................     0.0
219............................................................     0.0
220............................................................     0.0
221............................................................     0.0
222............................................................     0.0
223............................................................     0.0
224............................................................     0.0
225............................................................     0.0
226............................................................     0.0
227............................................................     0.0
228............................................................     0.0
229............................................................     0.0
230............................................................     0.0
231............................................................     0.48
232............................................................     1.64
233............................................................     0.41
234............................................................     0.0
235............................................................     0.0
236............................................................     0.0
237............................................................     0.0
238............................................................     0.0
239............................................................     0.0
240............................................................     0.0
241............................................................     0.0
242............................................................     0.0
243............................................................     0.0
244............................................................     0.0
245............................................................     0.0
246............................................................     0.0
247............................................................     0.0
248............................................................     0.0
249............................................................     0.0

[[Page 559]]

 
250............................................................     0.0
251............................................................     0.0
252............................................................     0.0
253............................................................     0.0
254............................................................     0.0
255............................................................     0.0
256............................................................     0.0
257............................................................     0.0
258............................................................     0.0
259............................................................     0.0
260............................................................     0.0
261............................................................     0.0
262............................................................     0.0
263............................................................     0.0
264............................................................     0.0
265............................................................     0.0
266............................................................     0.0
267............................................................     0.0
268............................................................     0.0
269............................................................     0.0
270............................................................     0.0
271............................................................     0.0
272............................................................     0.0
273............................................................     0.0
274............................................................     0.0
275............................................................     0.0
276............................................................     0.0
277............................................................     0.0
278............................................................     0.0
279............................................................     0.0
280............................................................     0.0
281............................................................     0.0
282............................................................     0.0
283............................................................     0.0
284............................................................     0.0
285............................................................     0.0
286............................................................     0.0
287............................................................     0.0
288............................................................     0.0
289............................................................     0.0
290............................................................     0.0
291............................................................     0.0
292............................................................     0.0
293............................................................     0.0
294............................................................     0.0
295............................................................     0.0
296............................................................     0.0
297............................................................     0.0
298............................................................     0.0
299............................................................     0.0
300............................................................     0.24
301............................................................     0.60
302............................................................     0.0
303............................................................     1.42
304............................................................     2.00
305............................................................     3.08
306............................................................     5.63
307............................................................     4.00
308............................................................     4.00
309............................................................     3.34
310............................................................     1.37
311............................................................     1.00
312............................................................     0.0
313............................................................     0.0
314............................................................     0.0
315............................................................     0.0
316............................................................     0.0
317............................................................     0.0
318............................................................     0.0
319............................................................     0.23
320............................................................     1.39
321............................................................     2.00
322............................................................     4.11
323............................................................     5.00
324............................................................     6.02
325............................................................     7.18
326............................................................     7.33
327............................................................     6.49
328............................................................     7.00
329............................................................     7.00
330............................................................     7.00
331............................................................     7.00
332............................................................     7.00
333............................................................     7.43
334............................................................     8.00
335............................................................     8.00
336............................................................     7.09
337............................................................    11.06
338............................................................    12.89
339............................................................    14.49
340............................................................    11.46
341............................................................    13.08
342............................................................    16.55
343............................................................    16.00
344............................................................    15.34
345............................................................    12.32
346............................................................    13.00
347............................................................    13.00
348............................................................    13.00
349............................................................    15.86
350............................................................    12.00
351............................................................    11.73
352............................................................    11.00
353............................................................    11.00
354............................................................    11.00
355............................................................    11.90
356............................................................    12.89
357............................................................    10.36
358............................................................     7.26
359............................................................     4.95
360............................................................     4.68
361............................................................     6.68
362............................................................     8.00
363............................................................     7.84
364............................................................     7.00
365............................................................     6.53
366............................................................     7.89
367............................................................    10.57
368............................................................    11.00
369............................................................    10.10
370............................................................    10.74
371............................................................    10.42
372............................................................    11.00
373............................................................    12.46
374............................................................    14.77
375............................................................    14.09
376............................................................    16.20
377............................................................    17.00
378............................................................    17.00
379............................................................    17.00
380............................................................    17.00
381............................................................    15.02
382............................................................    15.71
383............................................................    14.00
384............................................................    14.92
385............................................................    15.38
386............................................................    15.78
387............................................................    16.00
388............................................................    16.00
389............................................................    16.25
390............................................................    17.41
391............................................................    18.56

[[Page 560]]

 
392............................................................    19.00
393............................................................    19.88
394............................................................    21.00
395............................................................    21.00
396............................................................    21.00
397............................................................    20.49
398............................................................    20.00
399............................................................    19.18
400............................................................    19.00
401............................................................    18.86
402............................................................    18.29
403............................................................    19.00
404............................................................    19.61
405............................................................    20.00
406............................................................    20.00
407............................................................    20.00
408............................................................    20.00
409............................................................    20.00
410............................................................    19.45
411............................................................    20.42
412............................................................    21.87
413............................................................    20.97
414............................................................    20.37
415............................................................    22.00
416............................................................    22.00
417............................................................    22.66
418............................................................    23.00
419............................................................    23.97
420............................................................    25.51
421............................................................    29.00
422............................................................    29.00
423............................................................    29.00
424............................................................    30.51
425............................................................    31.00
426............................................................    30.00
427............................................................    30.00
428............................................................    30.00
429............................................................    30.54
430............................................................    31.00
431............................................................    31.86
432............................................................    31.00
433............................................................    31.17
434............................................................    32.33
435............................................................    33.00
436............................................................    33.00
437............................................................    33.80
438............................................................    34.00
439............................................................    35.12
440............................................................    36.00
441............................................................    36.00
442............................................................    34.82
443............................................................    33.25
444............................................................    32.09
445............................................................    32.00
446............................................................    32.00
447............................................................    32.00
448............................................................    32.00
449............................................................    32.00
450............................................................    32.85
451............................................................    33.01
452............................................................    34.00
453............................................................    33.68
454............................................................    32.52
455............................................................    32.00
456............................................................    32.00
457............................................................    32.95
458............................................................    33.00
459............................................................    33.00
460............................................................    33.42
461............................................................    34.00
462............................................................    34.74
463............................................................    35.00
464............................................................    35.00
465............................................................    35.00
466............................................................    35.00
467............................................................    35.00
468............................................................    35.00
469............................................................    35.84
470............................................................    37.99
471............................................................    38.00
472............................................................    37.69
473............................................................    38.41
474............................................................    39.37
475............................................................    39.00
476............................................................    39.00
477............................................................    38.10
478............................................................    39.00
479............................................................    39.41
480............................................................    40.57
481............................................................    41.73
482............................................................    42.00
483............................................................    41.92
484............................................................    40.00
485............................................................    40.00
486............................................................    39.49
487............................................................    37.66
488............................................................    37.00
489............................................................    36.01
490............................................................    34.86
491............................................................    33.70
492............................................................    32.54
493............................................................    29.54
494............................................................    26.46
495............................................................    22.28
496............................................................    19.91
497............................................................    18.76
498............................................................    17.60
499............................................................    16.44
500............................................................    14.57
501............................................................    13.13
502............................................................    11.97
503............................................................    10.81
504............................................................     9.31
505............................................................     7.50
506............................................................     6.34
507............................................................     4.37
508............................................................     3.03
509............................................................     1.87
510............................................................     0.71
511............................................................     0.0
512............................................................     0.0
513............................................................     0.0
514............................................................     0.0
515............................................................     0.0
516............................................................     0.0
517............................................................     0.0
518............................................................     0.0
519............................................................     0.0
520............................................................     0.0
521............................................................     0.0
522............................................................     0.0
523............................................................     0.0
524............................................................     0.0
525............................................................     0.0
526............................................................     0.0
527............................................................     0.0
528............................................................     0.0
529............................................................     0.0
530............................................................     0.0
531............................................................     0.0
532............................................................     0.0
533............................................................     0.0

[[Page 561]]

 
534............................................................     0.0
535............................................................     0.0
536............................................................     0.0
537............................................................     0.0
538............................................................     0.0
539............................................................     0.0
540............................................................     0.0
541............................................................     0.0
542............................................................     0.0
543............................................................     0.0
544............................................................     2.36
545............................................................     3.94
546............................................................     5.31
547............................................................     8.26
548............................................................     9.42
549............................................................    11.15
550............................................................    12.73
551............................................................    14.78
552............................................................    16.05
553............................................................    17.41
554............................................................    19.72
555............................................................    21.52
556............................................................    23.35
557............................................................    24.83
558............................................................    25.99
559............................................................    27.15
560............................................................    28.31
561............................................................    29.46
562............................................................    30.62
563............................................................    31.78
564............................................................    32.94
565............................................................    34.18
566............................................................    36.25
567............................................................    37.41
568............................................................    38.56
569............................................................    39.72
570............................................................    40.00
571............................................................    40.00
572............................................................    40.00
573............................................................    40.00
574............................................................    40.00
575............................................................    40.00
576............................................................    40.82
577............................................................    41.00
578............................................................    41.00
579............................................................    41.30
580............................................................    42.00
581............................................................    42.00
582............................................................    42.00
583............................................................    42.93
584............................................................    43.00
585............................................................    43.00
586............................................................    43.00
587............................................................    43.56
588............................................................    44.71
589............................................................    45.00
590............................................................    44.97
591............................................................    44.18
592............................................................    44.66
593............................................................    44.00
594............................................................    44.00
595............................................................    44.81
596............................................................    45.00
597............................................................    45.00
598............................................................    45.00
599............................................................    45.44
600............................................................    46.00
601............................................................    46.00
602............................................................    46.92
603............................................................    47.00
604............................................................    47.00
605............................................................    47.00
606............................................................    47.00
607............................................................    47.00
608............................................................    47.00
609............................................................    47.04
610............................................................    49.00
611............................................................    49.33
612............................................................    49.51
613............................................................    49.00
614............................................................    49.00
615............................................................    49.00
616............................................................    49.00
617............................................................    48.72
618............................................................    48.87
619............................................................    50.00
620............................................................    50.00
621............................................................    50.00
622............................................................    50.00
623............................................................    49.78
624............................................................    49.00
625............................................................    49.00
626............................................................    49.69
627............................................................    50.00
628............................................................    50.00
629............................................................    50.00
630............................................................    49.68
631............................................................    49.00
632............................................................    49.00
633............................................................    48.20
634............................................................    48.00
635............................................................    48.00
636............................................................    48.27
637............................................................    49.00
638............................................................    49.58
639............................................................    50.00
640............................................................    50.00
641............................................................    50.00
642............................................................    50.00
643............................................................    50.00
644............................................................    50.00
645............................................................    50.00
646............................................................    50.00
647............................................................    50.00
648............................................................    50.00
649............................................................    50.00
650............................................................    50.47
651............................................................    51.00
652............................................................    51.00
653............................................................    51.00
654............................................................    51.00
655............................................................    51.00
656............................................................    51.42
657............................................................    52.00
658............................................................    52.00
659............................................................    52.00
660............................................................    52.00
661............................................................    52.20
662............................................................    53.00
663............................................................    53.00
664............................................................    53.00
665............................................................    53.00
666............................................................    53.00
667............................................................    53.00
668............................................................    53.00
669............................................................    53.00
670............................................................    52.38
671............................................................    52.00
672............................................................    52.93
673............................................................    52.91
674............................................................    52.25
675............................................................    53.00

[[Page 562]]

 
676............................................................    53.00
677............................................................    53.00
678............................................................    53.00
679............................................................    53.00
680............................................................    53.00
681............................................................    53.00
682............................................................    53.00
683............................................................    53.00
684............................................................    53.00
685............................................................    53.98
686............................................................    55.00
687............................................................    55.00
688............................................................    55.00
689............................................................    55.00
690............................................................    55.00
691............................................................    55.00
692............................................................    55.00
693............................................................    55.00
694............................................................    55.00
695............................................................    55.00
696............................................................    55.00
697............................................................    55.00
698............................................................    55.00
699............................................................    55.00
700............................................................    55.00
701............................................................    54.50
702............................................................    54.66
703............................................................    55.00
704............................................................    54.03
705............................................................    54.00
706............................................................    54.00
707............................................................    54.00
708............................................................    54.00
709............................................................    54.00
710............................................................    54.00
711............................................................    54.00
712............................................................    54.00
713............................................................    54.77
714............................................................    56.00
715............................................................    56.00
716............................................................    56.00
717............................................................    56.02
718............................................................    57.00
719............................................................    56.67
720............................................................    56.00
721............................................................    56.00
722............................................................    56.00
723............................................................    56.00
724............................................................    56.00
725............................................................    56.00
726............................................................    56.00
727............................................................    56.00
728............................................................    56.00
729............................................................    56.91
730............................................................    57.00
731............................................................    57.00
732............................................................    57.00
733............................................................    57.00
734............................................................    57.00
735............................................................    57.85
736............................................................    58.00
737............................................................    58.00
738............................................................    58.00
739............................................................    58.00
740............................................................    58.00
741............................................................    58.00
742............................................................    58.00
743............................................................    58.00
744............................................................    58.00
745............................................................    57.15
746............................................................    56.00
747............................................................    56.00
748............................................................    56.00
749............................................................    56.00
750............................................................    56.00
751............................................................    55.63
752............................................................    55.00
753............................................................    55.00
754............................................................    55.00
755............................................................    55.00
756............................................................    55.00
757............................................................    55.00
758............................................................    55.00
759............................................................    55.00
760............................................................    54.22
761............................................................    54.00
762............................................................    54.00
763............................................................    54.00
764............................................................    54.00
765............................................................    54.00
766............................................................    54.00
767............................................................    54.00
768............................................................    54.00
769............................................................    54.00
770............................................................    54.00
771............................................................    54.00
772............................................................    54.00
773............................................................    54.00
774............................................................    53.01
775............................................................    50.86
776............................................................    49.70
777............................................................    48.54
778............................................................    47.39
779............................................................    46.23
780............................................................    45.07
781............................................................    43.91
782............................................................    42.51
783............................................................    40.60
784............................................................    39.44
785............................................................    38.28
786............................................................    37.13
787............................................................    35.94
788............................................................    33.81
789............................................................    32.66
790............................................................    30.50
791............................................................    28.34
792............................................................    26.37
793............................................................    25.03
794............................................................    21.87
795............................................................    19.85
796............................................................    16.56
797............................................................    15.40
798............................................................    14.24
799............................................................    12.17
800............................................................    10.71
801............................................................     6.08
802............................................................     2.61
803............................................................     1.45
804............................................................     0.30
805............................................................     0.0
806............................................................     0.0
807............................................................     0.0
808............................................................     0.0
809............................................................     0.0
810............................................................     0.0
811............................................................     0.0
812............................................................     0.0
813............................................................     0.0
814............................................................     0.0
815............................................................     0.0
816............................................................     0.0
817............................................................     0.0

[[Page 563]]

 
818............................................................     0.0
819............................................................     0.0
820............................................................     0.0
821............................................................     0.0
822............................................................     0.0
823............................................................     0.0
824............................................................     0.0
825............................................................     0.0
826............................................................     0.0
827............................................................     0.0
828............................................................     0.0
829............................................................     0.0
830............................................................     0.0
831............................................................     0.19
832............................................................     1.00
833............................................................     1.51
834............................................................     2.66
835............................................................     4.64
836............................................................     6.96
837............................................................     8.86
838............................................................     7.71
839............................................................     7.45
840............................................................     9.22
841............................................................    10.00
842............................................................     9.08
843............................................................    10.08
844............................................................    11.24
845............................................................    12.79
846............................................................    14.00
847............................................................    12.58
848............................................................    12.87
849............................................................    13.00
850............................................................    13.00
851............................................................    13.68
852............................................................    15.00
853............................................................    15.00
854............................................................    13.37
855............................................................    12.03
856............................................................    12.26
857............................................................    14.29
858............................................................    14.56
859............................................................    15.20
860............................................................    16.76
861............................................................    17.00
862............................................................    17.00
863............................................................    17.23
864............................................................    18.77
865............................................................    20.54
866............................................................    19.60
867............................................................    18.14
868............................................................    17.98
869............................................................    17.00
870............................................................    16.34
871............................................................    15.00
872............................................................    15.00
873............................................................    15.00
874............................................................    15.96
875............................................................    12.35
876............................................................    15.28
877............................................................    14.27
878............................................................    12.59
879............................................................    12.25
880............................................................     9.28
881............................................................     8.00
882............................................................     8.00
883............................................................     8.38
884............................................................     9.53
885............................................................    10.69
886............................................................    11.00
887............................................................     9.00
888............................................................     9.00
889............................................................     9.32
890............................................................    10.00
891............................................................     9.36
892............................................................     9.00
893............................................................     9.95
894............................................................    14.33
895............................................................    17.53
896............................................................    19.42
897............................................................    20.00
898............................................................    20.74
899............................................................    21.00
900............................................................    21.11
901............................................................    23.84
902............................................................    27.00
903............................................................    27.00
904............................................................    29.05
905............................................................    32.52
906............................................................    31.01
907............................................................    31.00
908............................................................    31.62
909............................................................    33.00
910............................................................    32.37
911............................................................    30.43
912............................................................    30.00
913............................................................    30.00
914............................................................    30.51
915............................................................    32.41
916............................................................    33.00
917............................................................    32.27
918............................................................    32.00
919............................................................    31.04
920............................................................    32.20
921............................................................    33.36
922............................................................    34.00
923............................................................    34.00
924............................................................    34.00
925............................................................    33.01
926............................................................    31.86
927............................................................    30.10
928............................................................    26.17
929............................................................    23.39
930............................................................    21.46
931............................................................    17.28
932............................................................    15.83
933............................................................    13.76
934............................................................    12.60
935............................................................    10.33
936............................................................     8.28
937............................................................     5.38
938............................................................     2.91
939............................................................     0.0
940............................................................     0.0
941............................................................     0.0
942............................................................     0.0
943............................................................     0.0
944............................................................     0.0
945............................................................     0.0
946............................................................     0.0
947............................................................     0.0
948............................................................     0.0
949............................................................     0.0
950............................................................     0.0
951............................................................     0.0
952............................................................     0.0
953............................................................     0.0
954............................................................     0.0
955............................................................     0.0
956............................................................     0.0
957............................................................     0.0
958............................................................     0.0
959............................................................     0.0

[[Page 564]]

 
960............................................................     0.0
961............................................................     0.0
962............................................................     0.0
963............................................................     0.0
964............................................................     0.0
965............................................................     0.0
966............................................................     0.0
967............................................................     0.0
968............................................................     0.0
969............................................................     0.0
970............................................................     0.0
971............................................................     0.0
972............................................................     0.0
973............................................................     0.0
974............................................................     0.0
975............................................................     0.0
976............................................................     0.0
977............................................................     0.0
978............................................................     0.0
979............................................................     0.0
980............................................................     0.51
981............................................................     0.33
982............................................................     0.0
983............................................................     0.0
984............................................................     0.0
985............................................................     0.0
986............................................................     0.0
987............................................................     0.0
988............................................................     0.0
989............................................................     0.0
990............................................................     0.0
991............................................................     0.0
992............................................................     0.0
993............................................................     0.0
994............................................................     0.0
995............................................................     0.0
996............................................................     0.0
997............................................................     0.0
998............................................................     0.0
999............................................................     0.0
1000...........................................................     0.0
1001...........................................................     0.0
1002...........................................................     0.0
1003...........................................................     0.13
1004...........................................................     0.71
1005...........................................................     0.0
1006...........................................................     0.0
1007...........................................................     0.0
1008...........................................................     0.0
1009...........................................................     4.15
1010...........................................................     6.00
1011...........................................................     6.00
1012...........................................................     6.00
1013...........................................................     5.30
1014...........................................................     4.14
1015...........................................................     1.96
1016...........................................................     0.0
1017...........................................................     0.0
1018...........................................................     0.0
1019...........................................................     0.0
1020...........................................................     0.0
1021...........................................................     0.0
1022...........................................................     0.0
1023...........................................................     0.0
1024...........................................................     0.0
1025...........................................................     0.0
1026...........................................................     0.0
1027...........................................................     0.0
1028...........................................................     0.0
1029...........................................................     0.0
1030...........................................................     0.0
1031...........................................................     0.0
1032...........................................................     0.0
1033...........................................................     0.0
1034...........................................................     0.0
1035...........................................................     0.0
1036...........................................................     0.0
1037...........................................................     0.48
1038...........................................................     1.64
1039...........................................................     0.41
1040...........................................................     0.0
1041...........................................................     0.0
1042...........................................................     0.0
1043...........................................................     0.0
1044...........................................................     0.0
1045...........................................................     0.0
1046...........................................................     0.0
1047...........................................................     0.0
1048...........................................................     0.0
1049...........................................................     0.0
1050...........................................................     0.0
1051...........................................................     0.0
1052...........................................................     0.0
1053...........................................................     0.0
1054...........................................................     0.0
1055...........................................................     0.0
1056...........................................................     0.0
1057...........................................................     0.0
1058...........................................................     0.0
1059...........................................................     0.0
1060...........................................................     0.0
------------------------------------------------------------------------

    (e) EPA New York City Cycle for Light-Duty Vehicles and Light-Duty 
Trucks.

                         EPA New York City Cycle
                      [Speed versus time sequence]
------------------------------------------------------------------------
               Speed                   Speed
 Time (sec)    (mph)     Time (sec)    (mph)    Time (sec)   Speed (mph)
------------------------------------------------------------------------
        0        0              1        0              2           0
        3        0              4        0              5           0
        6        0              7        0              8           0
        9        0             10        0             11           0
       12        0             13        0             14           0
       15        0             16        0             17           0
       18        0             19        0             20           0
       21        0             22        0             23           0
       24        0             25        0             26           0
       27        0             28        0             29           0
       30        0             31        0             32           0
       33        0             34        0             35           0

[[Page 565]]

 
       36        0             37        0             38           0
       39        0             40        0             41           0
       42        0             43        0             44           0
       45        0             46        0             47           0.4
       48      2.8             49      5.6             50           7.0
       51      7.6             52      7.6             53           6.2
       54      6.4             55      7.6             56           9.5
       57      8.9             58      8.6             59           9.6
       60     12.4             61     15.0             62          17.8
       63     21.0             64     22.9             65          21.7
       66     18.2             67     14.5             68          10.2
       69      5.6             70      2.5             71           2.1
       72      3.1             73      5.7             74           9.0
       75     10.8             76     10.8             77           9.5
       78      6.5             79      3.9             80           2.6
       81      1.0             82      0.8             83           0.1
       84        0             85        0             86           0
       87        0             88        0             89           0
       90        0             91        0             92           0
       93        0             94        0             95           0
       96      2.7             97      8.3             98          12.4
       99     15.7            100     17.4            101          17.3
      102     17.2            103     15.1            104          11.2
      105      8.6            106      5.9            107           5.4
      108      6.8            109      6.9            110           4.8
      111      5.7            112      7.1            113           6.8
      114      5.9            115      6.0            116           6.0
      117      5.9            118      5.6            119           5.5
      120      7.2            121      9.9            122          10.8
      123     11.4            124     11.9            125          12.1
      126     12.6            127     12.3            128          10.6
      129      9.9            130      9.4            131           8.9
      132      7.6            133      6.1            134           5.0
      135      3.7            136      2.6            137           1.0
      138      0.8            139      0.1            140           0.4
      141      0.2            142        0            143           0
      144        0            145      1.3            146           6.0
      147     10.2            148     12.1            149          13.8
      150     15.1            151     16.2            152          15.9
      153     16.0            154     16.8            155          17.5
      156     18.0            157     19.6            158          21.7
      159     23.1            160     23.7            161          24.1
      162     24.5            163     25.0            164          25.2
      165     24.6            166     24.3            167          23.3
      168     22.7            169     22.1            170          21.6
      171     21.1            172     20.3            173          19.2
      174     17.0            175     13.9            176          14.1
      177     14.6            178     14.6            179          14.5
      180     14.4            181     14.2            182          14.2
      183     13.2            184     11.5            185           8.4
      186      5.5            187      3.7            188           2.9
      189      1.3            190      0.8            191           0.3
      192      0.1            193      0.1            194           0
      195      1.3            196      3.9            197           9.9
      198     15.9            199     19.3            200          20.7
      201     21.4            202     21.4            203          20.5
      204     19.0            205     16.7            206          13.1
      207     11.2            208     14.9            209          19.8
      210     23.8            211     25.7            212          26.2
      213     26.4            214     23.3            215          19.6
      216     18.9            217     19.3            218          19.4
      219     18.5            220     17.5            221          16.4
      222     15.6            223     15.6            224          16.0
      225     16.8            226     17.5            227          18.0
      228     19.6            229     21.7            230          23.5
      231     24.6            232     25.0            233          24.3
      234     23.1            235     20.7            236          17.2
      237     13.5            238      9.2            239           3.3
      240        0            241        0            242           0
      243        0            244        0            245           0
      246        0            247        0            248           0

[[Page 566]]

 
      249        0            250        0            251           0
      252        0            253        0            254           0.2
      255      2.0            256      4.5            257           6.4
      258      7.2            259      7.6            260           7.2
      261      6.6            262      6.5            263           5.1
      264      4.4            265      5.5            266           3.0
      267      3.4            268      3.0            269           2.9
      270      1.3            271      0.8            272           0.3
      273        0            274        0            275           0.3
      276      4.7            277      9.7            278          13.9
      279     16.7            280     19.1            281          20.5
      282     20.5            283     19.7            284          19.9
      285     20.4            286     20.9            287          21.4
      288     21.9            289     22.4            290          22.1
      291     21.4            292     20.8            293          20.3
      294     20.5            295     19.3            296          17.3
      297     17.1            298     16.7            299          14.3
      300     11.9            301     10.7            302          10.2
      303      9.4            304     10.6            305          12.8
      306     13.7            307     12.3            308          10.4
      309      8.6            310      5.5            311           3.2
      312      2.0            313      0.6            314           0
      315        0            316        0            317           0
      318        0            319        0            320           0
      321        0            322        0            323           2.5
      324      6.1            325      5.5            326           3.2
      327      3.6            328      6.1            329           9.1
      330      9.8            331      8.6            332           6.8
      333      5.9            334      5.6            335           6.0
      336      7.2            337      8.4            338           9.3
      339      7.6            340      5.5            341           2.5
      342      0.1            343        0            344           0
      345        0            346        0            347           0
      348        0            349        0            350           0
      351        0            352        0            353           0
      354        0            355        0            356           0
      357        0            358        0            359           0
      360        0            361        0            362           0
      363        0            364        0            365           0
      366        0            367        0            368           0
      369        0            370        0            371           0
      372        0            373        0            374           0
      375        0            376        0            377           0
      378        0            379        0            380           0
      381        0            382        0            383           0
      384        0            385        0            386           0
      387        0            388        0            389           0
      390        0            391        0            392           0
      393        0            394        0            395           0.2
      396      1.6            397      3.0            398           3.0
      399      2.1            400      2.3            401           4.6
      402      7.8            403      9.9            404          10.7
      405     10.2            406     10.1            407          10.7
      408     10.9            409     11.4            410          11.1
      411     10.0            412      8.8            413           8.2
      414      8.6            415     10.2            416          11.8
      417     13.0            418     13.3            419          12.8
      420     11.7            421     11.7            422          12.4
      423     13.7            424     14.4            425          14.3
      426     14.7            427     15.1            428          15.3
      429     15.8            430     14.5            431          12.2
      432     11.1            433     12.0            434          13.1
      435     12.2            436      8.9            437           7.7
      438      7.6            439      8.0            440           5.5
      441      3.3            442      2.4            443           1.4
      444      0.6            445        0            446           0
      447        0            448        0            449           0
      450        0            451        0            452           0
      453        0            454        0            455           0
      456        0            457        0            458           0
      459        0            460        0            461           0

[[Page 567]]

 
      462        0            463        0            464           0
      465        0            466        0            467           0
      468        0            469        0            470           0
      471        0            472        0            473           0
      474        0            475        0            476           0
      477        0            478        0            479           0
      480        0            481        0            482           0
      483        0            484        0            485           0
      486        0            487        0            488           0
      489        0            490        0            491           0
      492        0            493        0            494           0
      495      1.0            496      4.1            497           7.4
      498     10.2            499     11.3            500          11.8
      501     12.2            502     14.3            503          16.0
      504     17.8            505     18.6            506          19.6
      507     20.2            508     19.9            509          19.7
      510     20.8            511     21.0            512          18.8
      513     17.6            514     13.0            515           7.5
      516      2.9            517      0.8            518           0
      519      0.2            520      0.7            521           1.4
      522      2.3            523      2.7            524           3.0
      525      2.6            526      1.2            527           0.1
      528      0.7            529      1.8            530           3.1
      531      3.9            532      5.3            533           7.8
      534      9.7            535     10.3            536          10.2
      537      9.4            538      7.1            539           6.8
      540      8.9            541     10.6            542          11.9
      543     15.5            544     19.6            545          22.8
      546     25.1            547     26.0            548          26.7
      549     27.3            550     27.7            551          27.6
      552     27.3            553     25.7            554          23.3
      555     20.6            556     17.8            557          14.9
      558     11.3            559      7.4            560           4.6
      561      1.7            562      0.7            563           0
      564        0            565        0            566           0
      567        0            568        0            569           0
      570        0            571        0            572           0
      573        0            574        0            575           0
      576        0            577        0            578           0
      579        0            580        0            581           0
      582        0            583        0            584           0
      585        0            586        0            587           0
      588        0            589        0            590           0
      591        0            592        0            593           0
      594        0            595        0            596           0
      597        0            598        0            599           0
      600        0
------------------------------------------------------------------------

    (f)(1) EPA Engine Dynamometer Schedules for Heavy-duty Otto-cycle 
engines.

------------------------------------------------------------------------
                                                         Percent
                                               -------------------------
               Record (seconds)                  Normalized
                                                revolutions   Normalized
                                                 per minute     torque
------------------------------------------------------------------------
1.............................................         0.0          0.0
2.............................................         0.0          0.0
3.............................................         0.0          0.0
4.............................................         0.0          0.0
5.............................................         0.0          0.0
6.............................................         0.0          0.0
7.............................................         0.0          0.0
8.............................................         0.0          0.0
9.............................................         0.0          0.0
10............................................         0.0          0.0
11............................................         0.0          0.0
12............................................         0.0          0.0
13............................................         0.0          0.0
14............................................         0.0          0.0
15............................................         0.0          0.0
16............................................         0.0          0.0
17............................................         0.0          0.0
18............................................         0.0          0.0
19............................................         0.0          0.0
20............................................         0.0          0.0
21............................................         0.0          0.0
22............................................         0.0          0.0
23............................................         0.0          0.0
24............................................         0.0          0.0
25............................................         7.00        44.40
26............................................        16.00        85.40
27............................................        27.00        97.80

[[Page 568]]

 
28............................................        38.00       100.00
29............................................        45.00       100.00
30............................................        51.00       100.00
31............................................        54.00        97.50
32............................................        53.00        90.00
33............................................        49.00        75.20
34............................................        45.00        50.00
35............................................        40.00        10.00
36............................................        34.00         2.30
37............................................        27.00         0.0
38............................................        21.00         2.30
39............................................        16.00        12.00
40............................................        12.00        35.30
41............................................         8.50         4.90
42............................................         5.00       -10.00
43............................................         3.00       -10.00
44............................................         0.0          0.0
45............................................         0.0          0.0
46............................................         0.0          0.0
47............................................         0.0          0.0
48............................................         0.0          0.0
49............................................         0.0          0.0
50............................................         0.0          0.0
51............................................         3.00        10.00
52............................................        11.00        40.20
53............................................        20.00        53.00
54............................................        27.50        64.80
55............................................        32.00        78.00
56............................................        32.00        78.00
57............................................        27.50        56.00
58............................................        26.00        24.40
59............................................        24.00        -8.40
60............................................        23.00       -10.00
61............................................        24.00       -10.00
62............................................        27.00       -10.00
63............................................        34.00       -10.00
64............................................        44.00        28.00
65............................................        57.00        74.40
66............................................        60.00        74.40
67............................................        53.00        33.60
68............................................        48.00       -10.00
69............................................        44.00       -10.00
70............................................        40.00       -10.00
71............................................        40.00         7.00
72............................................        44.00        22.70
73............................................        46.00        30.00
74............................................        46.00        32.00
75............................................        44.00        25.00
76............................................        40.00        18.00
77............................................        37.00        14.00
78............................................        36.00        10.00
79............................................        34.00         0.0
80............................................        34.00       -10.00
81............................................        32.00       -10.00
82............................................        31.00       -10.00
83............................................        36.00        39.90
84............................................        42.00        84.70
85............................................        48.00        90.00
86............................................        50.00        90.00
87............................................        50.00        90.00
88............................................        47.00        85.00
89............................................        43.00        75.00
90............................................        38.00        60.00
91............................................        36.00        36.00
92............................................        36.00         7.50
93............................................        36.30       -10.00
94............................................        45.00        64.50
95............................................        53.00        67.00
96............................................        58.00        64.50
97............................................        62.00        60.30
98............................................        63.00        55.50
99............................................        62.00        52.30
100...........................................        61.00        47.00
101...........................................        55.00        44.00
102...........................................        50.00        39.00
103...........................................        45.00        36.00
104...........................................        40.00        34.00
105...........................................        36.00        30.00
106...........................................        34.00        25.80
107...........................................        32.00        20.00
108...........................................        30.00        14.60
109...........................................        26.00        10.00
110...........................................        23.00         0.0
111...........................................        18.00        -8.00
112...........................................        16.00       -10.00
113...........................................        18.00        -8.00
114...........................................        20.00        27.60
115...........................................        17.00         4.00
116...........................................        14.00        -8.00
117...........................................        12.00       -10.00
118...........................................         9.00       -10.00
119...........................................         7.00       -10.00
120...........................................         7.00       -10.00
121...........................................         5.00       -10.00
122...........................................         4.00       -10.00
123...........................................         3.00       -10.00
124...........................................         2.00        -8.00
125...........................................         0.0          0.0
126...........................................         0.0          0.0
127...........................................         0.0          0.0
128...........................................         0.0          0.0
129...........................................         0.0          0.0
130...........................................         5.00         8.00
131...........................................         8.00        16.30
132...........................................        10.00        27.50
133...........................................         8.00        27.50
134...........................................         5.00         9.00
135...........................................         2.00         1.80
136...........................................         0.0          0.0
137...........................................         0.0          0.0
138...........................................         0.0          0.0
139...........................................         0.0          0.0
140...........................................         0.0          0.0
141...........................................         0.0          0.0
142...........................................         0.0          0.0
143...........................................         0.0          0.0
144...........................................         0.0          0.0
145...........................................         0.0          0.0
146...........................................         0.0          0.0
147...........................................         0.0          0.0
148...........................................         0.0          0.0
149...........................................         2.00         4.80
150...........................................         1.00         4.50
151...........................................         0.0          0.0
152...........................................         0.0          0.0
153...........................................         0.0          0.0
154...........................................         0.0          0.0
155...........................................         0.0          0.0
156...........................................         0.0          0.0
157...........................................         0.0          0.0
158...........................................         0.0          0.0
159...........................................         0.0          0.0
160...........................................         0.0          0.0
161...........................................         0.0          0.0
162...........................................         0.0          0.0
163...........................................         0.0          0.0
164...........................................         0.0          0.0
165...........................................         0.0          0.0
166...........................................         0.0          0.0
167...........................................         8.00        27.00
168...........................................        18.00        65.00
169...........................................        23.00        82.50

[[Page 569]]

 
170...........................................        23.00        88.00
171...........................................        21.00        88.00
172...........................................        18.00        81.30
173...........................................        17.00        32.00
174...........................................        15.00       -10.00
175...........................................        13.00       -10.00
176...........................................        11.00       -10.00
177...........................................         8.00       -10.00
178...........................................         6.00       -10.00
179...........................................         4.00       -10.00
180...........................................         2.00       -10.00
181...........................................         0.0          0.0
182...........................................         0.0          0.0
183...........................................         0.0          0.0
184...........................................         0.0          0.0
185...........................................         0.0          0.0
186...........................................         0.0          0.0
187...........................................         0.0          0.0
188...........................................         0.0          0.0
189...........................................         0.0          0.0
190...........................................         0.0          0.0
191...........................................         0.0          0.0
192...........................................         0.0          0.0
193...........................................         0.0          0.0
194...........................................         0.0          0.0
195...........................................         0.0          0.0
196...........................................         0.0          0.0
197...........................................         0.0          0.0
198...........................................         0.0          0.0
199...........................................         0.0          0.0
200...........................................         0.0          0.0
201...........................................         0.0          0.0
202...........................................         0.0          0.0
203...........................................         0.0          0.0
204...........................................         0.0          4.00
205...........................................         0.50         7.70
206...........................................         5.00        14.00
207...........................................        11.00        24.70
208...........................................        15.00        42.30
209...........................................        16.00        70.00
210...........................................        17.00        70.00
211...........................................        17.00        50.00
212...........................................        16.00        26.30
213...........................................        14.00         5.00
214...........................................        10.00       -10.00
215...........................................        10.00       -10.00
216...........................................        14.00        73.30
217...........................................        18.00        83.00
218...........................................        19.00        84.80
219...........................................        18.00        84.80
220...........................................        16.00        82.80
221...........................................        11.00        74.00
222...........................................         7.00         8.50
223...........................................         4.00         0.0
224...........................................         0.0          0.0
225...........................................         0.0          0.0
226...........................................         0.0          0.0
227...........................................         0.0          0.0
228...........................................         0.0          0.0
229...........................................         0.0          0.0
230...........................................         0.0          0.0
231...........................................         0.0          0.0
232...........................................         0.0          0.0
233...........................................         6.00        17.60
234...........................................         6.00        19.60
235...........................................         5.00        14.00
236...........................................         3.00         9.80
237...........................................         1.00         5.50
238...........................................         0.0          3.00
239...........................................         0.0          0.0
240...........................................         0.0          0.0
241...........................................         0.0          0.0
242...........................................         0.0          0.0
243...........................................         0.0          0.0
244...........................................         0.0          0.0
245...........................................         0.0          0.0
246...........................................         0.0          0.0
247...........................................         0.0          0.0
248...........................................         0.0          0.0
249...........................................         0.0          0.0
250...........................................         0.0          0.0
251...........................................         0.0          0.0
252...........................................         0.0          0.0
253...........................................         0.0          0.0
254...........................................         0.0          0.0
255...........................................         0.0          0.0
256...........................................         0.0          0.0
257...........................................         0.0          0.0
258...........................................         0.0          0.0
259...........................................         0.0          0.0
260...........................................         0.0          0.0
261...........................................         0.0          0.0
262...........................................         0.0          0.0
263...........................................         0.0          0.0
264...........................................         0.0          0.0
265...........................................         0.0          0.0
266...........................................         0.0          0.0
267...........................................         0.0          0.0
268...........................................         0.0          0.0
269...........................................         0.0          0.0
270...........................................         0.0          0.0
271...........................................         0.0          0.0
272...........................................         0.0          0.0
273...........................................         0.0          0.0
274...........................................         0.0          0.0
275...........................................         0.0          0.0
276...........................................         0.0          0.0
277...........................................         0.0          0.0
278...........................................         0.0          0.0
279...........................................         0.0          0.0
280...........................................         0.0          0.0
281...........................................         0.0          7.00
282...........................................         1.00        10.00
283...........................................         2.00        11.50
284...........................................         1.00        10.00
285...........................................         0.0          0.0
286...........................................         0.0          0.0
287...........................................         0.0          0.0
288...........................................         0.0          0.0
289...........................................         0.0          0.0
290...........................................         0.0          0.0
291...........................................         0.0          0.0
292...........................................         0.0          0.0
293...........................................         0.0          0.0
294...........................................         0.0          0.0
295...........................................         0.0          0.0
296...........................................         0.0          0.0
297...........................................         0.0          0.0
298...........................................         0.0          0.0
299...........................................         0.0         28.00
300...........................................         0.0         30.00
301...........................................         2.00        32.00
302...........................................         6.00        34.00
303...........................................        14.00        36.00
304...........................................        19.00        36.00
305...........................................        24.50        36.00
306...........................................        24.50        36.00
307...........................................        24.00        30.00
308...........................................        19.00        24.00
309...........................................        13.00        18.00
310...........................................         9.00        14.00
311...........................................         7.00         8.00

[[Page 570]]

 
312...........................................         6.00         0.0
313...........................................         4.00         3.00
314...........................................         3.00         6.80
315...........................................         0.0          0.0
316...........................................         0.0          0.0
317...........................................         0.0          0.0
318...........................................         0.0          0.0
319...........................................         0.0          0.0
320...........................................         0.0          0.0
321...........................................         0.0          0.0
322...........................................         0.0          0.0
323...........................................         0.0         18.00
324...........................................         3.00        40.00
325...........................................         8.00        86.00
326...........................................        18.00        97.00
327...........................................        38.00       100.00
328...........................................        45.50       100.00
329...........................................        45.00        96.00
330...........................................        44.00        84.40
331...........................................        43.00        53.60
332...........................................        41.00         5.00
333...........................................        43.00        47.60
334...........................................        44.00        90.00
335...........................................        45.00        90.00
336...........................................        44.00        73.00
337...........................................        40.00        54.00
338...........................................        38.00        34.70
339...........................................        36.00        10.00
340...........................................        35.00        10.00
341...........................................        35.00        10.00
342...........................................        35.50        60.00
343...........................................        36.00        57.90
344...........................................        37.00        53.00
345...........................................        39.00        50.00
346...........................................        40.50        50.00
347...........................................        43.00        50.00
348...........................................        45.00        50.00
349...........................................        48.00        50.00
350...........................................        51.00        52.00
351...........................................        56.00        58.70
352...........................................        64.00        70.00
353...........................................        68.00        70.00
354...........................................        70.00        70.00
355...........................................        65.50        64.60
356...........................................        61.00        28.90
357...........................................        55.00        -5.00
358...........................................        50.00       -10.00
359...........................................        45.00       -10.00
360...........................................        38.00       -10.00
361...........................................        28.00       -10.00
362...........................................        19.00       -10.00
363...........................................        14.00       -10.00
364...........................................         7.00       -10.00
365...........................................         2.00        -5.00
366...........................................         3.00         5.00
367...........................................         7.00        25.00
368...........................................         9.00        38.00
369...........................................         7.00        17.00
370...........................................         4.00         2.00
371...........................................         3.00        -9.00
372...........................................         3.00       -10.00
373...........................................        11.00        70.00
374...........................................        15.00        97.60
375...........................................        16.00       100.00
376...........................................        19.00       100.00
377...........................................        26.00       100.00
378...........................................        29.00        95.00
379...........................................        25.00        63.00
380...........................................        19.00       -10.00
381...........................................        12.00       -10.00
382...........................................         8.00       -10.00
383...........................................         5.00       -10.00
384...........................................         2.00       -10.00
385...........................................         1.00       -10.00
386...........................................         0.0          0.0
387...........................................         0.0          0.0
388...........................................         0.0          0.0
389...........................................         0.0          0.0
390...........................................         0.0          0.0
391...........................................         0.0          0.0
392...........................................         0.0          0.0
393...........................................         0.0          0.0
394...........................................         0.0          0.0
395...........................................         0.0          0.0
396...........................................         0.0          0.0
397...........................................         0.0          0.0
398...........................................         0.0          0.0
399...........................................         0.0          0.0
400...........................................         0.0          0.0
401...........................................         0.0          0.0
402...........................................         0.0          0.0
403...........................................         0.0          0.0
404...........................................         0.0          0.0
405...........................................         0.0          0.0
406...........................................         0.0          0.0
407...........................................         0.0          0.0
408...........................................         0.0          0.0
409...........................................         0.0          0.0
410...........................................         0.0          0.0
411...........................................         0.0          0.0
412...........................................         0.0          0.0
413...........................................         0.0          0.0
414...........................................         0.0          0.0
415...........................................         0.0          0.0
416...........................................         0.0          0.0
417...........................................         0.0          0.0
418...........................................         0.0          0.0
419...........................................         4.00        20.00
420...........................................         4.00        20.00
421...........................................         0.0          0.0
422...........................................         0.0          0.0
423...........................................         0.0          0.0
424...........................................         0.0          0.0
425...........................................         0.0          0.0
426...........................................         0.0          0.0
427...........................................         0.0          0.0
428...........................................         0.0          0.0
429...........................................         0.0          0.0
430...........................................         2.00         0.0
431...........................................         6.00         2.00
432...........................................        14.00        28.80
433...........................................        20.00        30.00
434...........................................        24.40        11.00
435...........................................        24.00        10.00
436...........................................        24.00        12.00
437...........................................        28.00        52.00
438...........................................        32.00        52.00
439...........................................        34.00        46.00
440...........................................        34.00        30.00
441...........................................        34.50        30.00
442...........................................        35.00        30.00
443...........................................        36.00        35.00
444...........................................        39.00        40.00
445...........................................        45.00        50.00
446...........................................        49.00        56.00
447...........................................        50.00        -8.00
448...........................................        45.00       -10.00
449...........................................        39.00       -10.00
450...........................................        34.00       -10.00
451...........................................        28.00       -10.00
452...........................................        25.00       -10.00
453...........................................        21.00       -10.00

[[Page 571]]

 
454...........................................        18.00       -10.00
455...........................................        15.00       -10.00
456...........................................        12.00       -10.00
457...........................................        18.00        -8.00
458...........................................        29.00        19.80
459...........................................        40.00        54.00
460...........................................        52.00        82.00
461...........................................        64.00        95.00
462...........................................        71.00        99.00
463...........................................        77.00       100.00
464...........................................        84.00       100.00
465...........................................        85.00        99.00
466...........................................        85.00        95.00
467...........................................        84.00        90.00
468...........................................        82.00        84.60
469...........................................        80.00        78.50
470...........................................        78.00        78.50
471...........................................        77.00        70.00
472...........................................        76.00        65.50
473...........................................        74.00        61.50
474...........................................        72.00        56.00
475...........................................        70.00        52.00
476...........................................        68.00        46.00
477...........................................        66.50        40.00
478...........................................        65.00        32.00
479...........................................        63.00        26.00
480...........................................        61.00        25.60
481...........................................        61.00        72.00
482...........................................        61.00        78.00
483...........................................        58.00        72.00
484...........................................        50.00        64.00
485...........................................        44.00        55.00
486...........................................        35.00        40.00
487...........................................        26.00        20.00
488...........................................        21.00        -4.00
489...........................................        18.00       -10.00
490...........................................        16.00       -10.00
491...........................................        19.00        -8.00
492...........................................        24.00         2.00
493...........................................        32.00        68.50
494...........................................        45.00        78.00
495...........................................        51.00        86.00
496...........................................        58.00        92.00
497...........................................        64.00        97.00
498...........................................        71.00       100.00
499...........................................        73.00        98.00
500...........................................        73.00        94.00
501...........................................        73.00        86.00
502...........................................        73.00        82.00
503...........................................        76.00        84.00
504...........................................        80.00        98.00
505...........................................        84.00       100.00
506...........................................        85.00       100.00
507...........................................        84.00       100.00
508...........................................        81.00        92.00
509...........................................        75.00        80.00
510...........................................        73.00        70.00
511...........................................        70.00        60.00
512...........................................        67.00        53.00
513...........................................        65.00        45.00
514...........................................        63.00        36.50
515...........................................        62.00        28.00
516...........................................        61.00        22.50
517...........................................        60.00        23.00
518...........................................        60.00        24.00
519...........................................        60.00        24.00
520...........................................        60.00        26.00
521...........................................        61.00        60.00
522...........................................        62.00        64.00
523...........................................        63.00        64.00
524...........................................        64.00        64.00
525...........................................        62.00        64.00
526...........................................        56.00        60.00
527...........................................        53.00        -7.00
528...........................................        49.00       -10.00
529...........................................        47.00       -10.00
530...........................................        46.00       -10.00
531...........................................        45.00        -7.00
532...........................................        45.00        30.00
533...........................................        46.00        50.00
534...........................................        46.00        50.00
535...........................................        47.00        50.00
536...........................................        47.00        50.00
537...........................................        47.00        30.00
538...........................................        46.00        12.00
539...........................................        45.00        10.50
540...........................................        44.00        10.00
541...........................................        41.00        10.00
542...........................................        37.00         9.00
543...........................................        36.00         2.00
544...........................................        35.00       -10.00
545...........................................        38.00        67.00
546...........................................        35.00       -10.00
547...........................................        31.00        15.00
548...........................................        28.00        55.00
549...........................................        34.00        44.00
550...........................................        35.00        38.50
551...........................................        36.00        38.50
552...........................................        36.00        38.50
553...........................................        37.00        38.50
554...........................................        39.00        36.00
555...........................................        42.00        27.00
556...........................................        45.00        62.00
557...........................................        48.00        45.00
558...........................................        51.00        15.00
559...........................................        51.00         8.00
560...........................................        51.00         6.00
561...........................................        48.00        10.00
562...........................................        46.00        11.00
563...........................................        44.00        13.00
564...........................................        41.00        17.00
565...........................................        37.00        20.00
566...........................................        34.00        20.00
567...........................................        30.00        17.00
568...........................................        26.00        14.00
569...........................................        23.00         7.00
570...........................................        19.00         2.00
571...........................................        15.00        -5.00
572...........................................        11.00       -10.00
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577...........................................         0.0          0.0
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579...........................................         0.0          0.0
580...........................................         0.0          0.0
581...........................................         0.0          0.0
582...........................................         0.0          0.0
583...........................................         4.00        15.00
584...........................................        19.00        31.00
585...........................................        30.00        46.00
586...........................................        37.00        68.00
587...........................................        40.00        76.00
588...........................................        41.00        77.00
589...........................................        40.50        78.00
590...........................................        40.00        77.00
591...........................................        40.00        64.00
592...........................................        38.00        10.00
593...........................................        38.00        25.00
594...........................................        40.00        50.00
595...........................................        40.00        36.00

[[Page 572]]

 
596...........................................        40.00        31.00
597...........................................        40.00        31.00
598...........................................        41.00        37.00
599...........................................        42.00        97.00
600...........................................        43.00       100.00
601...........................................        45.00       100.00
602...........................................        47.00       100.00
603...........................................        48.00       100.00
604...........................................        49.00       100.00
605...........................................        51.00        97.00
606...........................................        52.00        94.00
607...........................................        53.00        90.00
608...........................................        54.00        87.00
609...........................................        56.00        86.00
610...........................................        56.00        85.00
611...........................................        55.50        85.00
612...........................................        55.00        81.00
613...........................................        54.00        77.00
614...........................................        53.00        72.00
615...........................................        52.00        67.00
616...........................................        49.00        60.00
617...........................................        46.00        45.00
618...........................................        45.00        12.00
619...........................................        44.00        10.00
620...........................................        44.00        10.00
621...........................................        45.00        12.00
622...........................................        46.00        14.00
623...........................................        47.00        24.00
624...........................................        49.00        88.00
625...........................................        50.00        90.00
626...........................................        51.00        90.00
627...........................................        52.00        90.00
628...........................................        53.00        90.00
629...........................................        54.00        90.00
630...........................................        54.00        90.00
631...........................................        54.00        87.00
632...........................................        54.00        84.00
633...........................................        54.00        80.00
634...........................................        53.50        77.00
635...........................................        53.00        76.00
636...........................................        53.00        75.00
637...........................................        52.00        73.00
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639...........................................        50.00        65.00
640...........................................        50.00        60.00
641...........................................        49.00        55.00
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643...........................................        49.00        50.00
644...........................................        49.50        60.00
645...........................................        49.50        65.00
646...........................................        50.00        70.00
647...........................................        50.50        75.00
648...........................................        51.00        80.00
649...........................................        52.00        85.00
650...........................................        53.00        90.00
651...........................................        54.00        90.00
652...........................................        55.00        90.00
653...........................................        55.00        88.00
654...........................................        55.00        84.00
655...........................................        55.00        79.00
656...........................................        55.00        74.00
657...........................................        55.00        69.00
658...........................................        55.00        64.00
659...........................................        55.00        59.00
660...........................................        55.00        54.00
661...........................................        55.00        49.00
662...........................................        55.00        44.50
663...........................................        55.00        39.00
664...........................................        55.00        34.00
665...........................................        55.00        27.00
666...........................................        55.00        18.00
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668...........................................        55.00         6.00
669...........................................        55.00        13.00
670...........................................        55.00        27.00
671...........................................        55.50        30.00
672...........................................        56.00        30.00
673...........................................        57.00        30.00
674...........................................        58.00        34.00
675...........................................        59.00        46.00
676...........................................        59.00        89.00
677...........................................        59.00        90.00
678...........................................        59.00        91.00
679...........................................        59.00        91.00
680...........................................        60.00        91.00
681...........................................        60.00        91.00
682...........................................        60.50        90.00
683...........................................        61.00        89.00
684...........................................        61.50        88.00
685...........................................        62.00        83.00
686...........................................        63.00        73.00
687...........................................        65.00        70.00
688...........................................        66.00        71.00
689...........................................        67.00        74.00
690...........................................        67.50        79.00
691...........................................        68.00        85.00
692...........................................        68.50        90.00
693...........................................        69.00        94.00
694...........................................        69.50        96.00
695...........................................        70.00        98.00
696...........................................        70.50       100.00
697...........................................        71.00       100.00
698...........................................        72.00       100.00
699...........................................        72.00       100.00
700...........................................        72.00       100.00
701...........................................        72.00       100.00
702...........................................        72.00       100.00
703...........................................        72.00       100.00
704...........................................        72.00       100.00
705...........................................        72.00       100.00
706...........................................        72.00       100.00
707...........................................        72.50       100.00
708...........................................        73.00       100.00
709...........................................        73.50       100.00
710...........................................        74.00       100.00
711...........................................        74.00       100.00
712...........................................        74.50       100.00
713...........................................        75.00       100.00
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715...........................................        75.00       100.00
716...........................................        75.00       100.00
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720...........................................        75.00       100.00
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723...........................................        75.00        98.00
724...........................................        75.00        90.00
725...........................................        75.00        34.00
726...........................................        74.00        15.00
727...........................................        72.00         3.00
728...........................................        70.00        -7.00
729...........................................        69.00       -10.00
730...........................................        68.00       -10.00
731...........................................        70.50        53.00
732...........................................        73.00        80.00
733...........................................        75.00        88.00
734...........................................        77.00        94.00
735...........................................        79.00        97.00
736...........................................        82.00        97.00
737...........................................        85.00        98.00

[[Page 573]]

 
738...........................................        85.00        98.00
739...........................................        87.00        97.00
740...........................................        90.00        95.00
741...........................................        92.00        90.00
742...........................................        93.00        88.00
743...........................................        94.00        86.00
744...........................................        95.00        83.00
745...........................................        96.00        79.00
746...........................................        97.00        74.00
747...........................................        98.00        68.00
748...........................................        99.00        62.00
749...........................................       100.00        54.00
750...........................................       100.00        30.00
751...........................................       100.00        22.00
752...........................................       100.00        20.00
753...........................................       100.00        22.00
754...........................................       100.00        30.00
755...........................................       100.00        65.00
756...........................................       100.00        76.00
757...........................................       100.00        80.00
758...........................................       100.00        78.00
759...........................................       100.00        72.00
760...........................................       100.00        54.00
761...........................................        95.00        30.00
762...........................................        85.00        12.00
763...........................................        68.00        -5.00
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765...........................................        56.00       -10.00
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768...........................................        57.00        22.00
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770...........................................        59.00        45.00
771...........................................        59.00        46.00
772...........................................        59.50        45.00
773...........................................        60.00        33.00
774...........................................        60.00         0.0
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777...........................................        60.00        34.00
778...........................................        60.00        50.00
779...........................................        60.00        60.00
780...........................................        60.00        69.00
781...........................................        60.00        75.00
782...........................................        60.00        79.00
783...........................................        61.00        83.00
784...........................................        61.00        84.00
785...........................................        61.00        85.00
786...........................................        62.00        85.00
787...........................................        62.00        85.00
788...........................................        62.00        85.00
789...........................................        63.00        85.00
790...........................................        63.00        85.00
791...........................................        64.00        85.00
792...........................................        64.00        85.00
793...........................................        64.00        85.00
794...........................................        64.00        85.00
795...........................................        64.00        85.00
796...........................................        64.00        84.50
797...........................................        64.00        84.00
798...........................................        64.00        83.00
799...........................................        64.00        82.00
800...........................................        64.00        81.00
801...........................................        64.00        77.00
802...........................................        64.00        72.00
803...........................................        65.00        67.00
804...........................................        66.00        64.00
805...........................................        67.00        60.00
806...........................................        69.00        62.30
807...........................................        72.00        84.00
808...........................................        73.00        90.50
809...........................................        74.00        91.00
810...........................................        74.00        90.00
811...........................................        74.00        84.50
812...........................................        73.00        74.00
813...........................................        72.00        66.00
814...........................................        71.00        60.00
815...........................................        70.00        54.00
816...........................................        69.00        50.00
817...........................................        68.00        49.00
818...........................................        68.00        48.00
819...........................................        68.00        48.00
820...........................................        68.00        48.50
821...........................................        68.00        49.00
822...........................................        68.00        51.00
823...........................................        68.00        53.50
824...........................................        68.00        55.00
825...........................................        68.00        58.00
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827...........................................        68.00        62.00
828...........................................        68.00        64.00
829...........................................        68.00        67.00
830...........................................        69.00        68.50
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832...........................................        70.00        70.00
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837...........................................        71.00        66.00
838...........................................        73.00        64.00
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840...........................................        77.00        98.00
841...........................................        79.00       100.00
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843...........................................        82.00       100.00
844...........................................        83.00       100.00
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846...........................................        84.00        94.00
847...........................................        85.00        93.00
848...........................................        86.00        94.00
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850...........................................        89.00       100.00
851...........................................        92.00       100.00
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858...........................................       100.00        97.00
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877...........................................        56.00        53.00
878...........................................        56.00        67.00
879...........................................        56.00        70.00

[[Page 574]]

 
880...........................................        56.00        67.00
881...........................................        55.00        60.00
882...........................................        54.00        60.00
883...........................................        49.00        75.00
884...........................................        38.00        80.00
885...........................................        30.00        78.00
886...........................................        25.00        53.00
887...........................................        18.00        32.00
888...........................................        14.00        16.00
889...........................................         9.00         3.00
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922...........................................        30.00        97.00
923...........................................        42.00       100.00
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925...........................................        54.00       100.00
926...........................................        54.00        97.00
927...........................................        52.00        90.00
928...........................................        48.00        75.00
929...........................................        44.00        57.00
930...........................................        37.00        47.00
931...........................................        29.00        40.00
932...........................................        24.00        34.00
933...........................................        21.00        27.00
934...........................................        22.00        24.00
935...........................................        22.50        22.00
936...........................................        20.00        16.00
937...........................................        15.00         7.00
938...........................................        10.00         0.0
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948...........................................        28.00        52.00
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950...........................................        37.00        74.00
951...........................................        37.50        90.00
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969...........................................        23.00        32.00
970...........................................        22.00        25.00
971...........................................        18.00        18.00
972...........................................        16.00        14.00
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974...........................................        15.00         0.0
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978...........................................        25.00        40.00
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980...........................................        46.00        90.00
981...........................................        49.00        90.00
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983...........................................        49.00        85.00
984...........................................        47.00        77.00
985...........................................        44.00        59.00
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987...........................................        42.00        13.00
988...........................................        40.00       -10.00
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990...........................................        44.00        65.00
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992...........................................        45.00        62.00
993...........................................        44.00        56.00
994...........................................        42.00        46.00
995...........................................        41.00        36.00
996...........................................        39.00        20.00
997...........................................        38.00         4.00
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999...........................................        38.00        39.00
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1,001.........................................        35.00        40.00
1,002.........................................        33.00        39.00
1,003.........................................        30.00        36.00
1,004.........................................        27.00        33.00
1,005.........................................        22.00        24.00
1,006.........................................        21.00        -5.00
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1,012.........................................        12.00        -9.00
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1,018.........................................         2.00       -10.00
1,019.........................................         0.0          0.0
1,020.........................................         0.0          0.0
1,021.........................................         0.0          0.0

[[Page 575]]

 
1,022.........................................         0.0          0.0
1,023.........................................         0.0          0.0
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1,025.........................................         2.00         7.00
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1,027.........................................        10.00        28.00
1,028.........................................        11.00        26.00
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1,056.........................................         0.0          0.0
1,057.........................................         0.0          0.0
1,058.........................................         0.0          0.0
1,059.........................................         0.0          0.0
1,060.........................................         0.0          0.0
1,061.........................................         4.00        05.00
1,062.........................................        11.00        35.00
1,063.........................................        21.00        73.00
1,064.........................................        25.00        86.00
1,065.........................................        26.00        90.00
1,066.........................................        25.00        90.00
1,067.........................................        23.00        83.00
1,068.........................................        20.00        32.00
1,069.........................................        16.00        -6.00
1,070.........................................        14.00       -10.00
1,071.........................................        10.00       -10.00
1,072.........................................         7.00       -10.00
1,073.........................................         3.00       -10.00
1,074.........................................         1.00       -10.00
1,075.........................................         0.0          0.0
1,076.........................................         0.0          0.0
1,077.........................................         0.0          0.0
1,078.........................................         0.0          0.0
1,079.........................................         0.0          0.0
1,080.........................................         0.0          0.0
1,081.........................................         0.0          0.0
1,082.........................................         0.0          0.0
1,083.........................................         0.0          0.0
1,084.........................................         0.0          0.0
1,085.........................................         0.0          0.0
1,086.........................................         0.0          0.0
1,087.........................................         0.0          0.0
1,088.........................................         0.0          0.0
1,089.........................................         0.0          0.0
1,090.........................................         0.0          0.0
1,091.........................................         0.0          0.0
1,092.........................................         0.0          0.0
1,093.........................................         0.0          0.0
1,094.........................................         0.0          0.0
1,095.........................................         0.0          0.0
1,096.........................................         0.0          0.0
1,097.........................................         0.0          0.0
1,098.........................................         1.00         3.00
1,099.........................................         3.00         6.00
1,100.........................................         6.00        13.00
1,101.........................................         9.00        14.00
1,102.........................................        12.00        16.00
1,103.........................................        15.00        28.00
1,104.........................................        18.00        60.00
1,105.........................................        20.00        47.00
1,106.........................................        21.00        31.00
1,107.........................................        21.00        15.00
1,108.........................................        20.00        -2.00
1,109.........................................        20.00       -10.00
1,110.........................................        20.00        -2.00
1,111.........................................        20.00        70.00
1,112.........................................        21.00        83.00
1,113.........................................        22.00        84.00
1,114.........................................        22.00        83.00
1,115.........................................        18.00        78.00
1,116.........................................        14.00        68.00
1,117.........................................         8.00        10.00
1,118.........................................         4.00         4.00
1,119.........................................         1.00         0.0
1,120.........................................         0.0          0.0
1,121.........................................         0.0          0.0
1,122.........................................         0.0          0.0
1,123.........................................         0.0          0.0
1,124.........................................         0.0          0.0
1,125.........................................         0.0          1.00
1,126.........................................         1.00         5.00
1,127.........................................         5.00        18.00
1,128.........................................         9.00        19.00
1,129.........................................        12.00        18.00
1,130.........................................        12.00        15.00
1,131.........................................         9.00        10.00
1,132.........................................         5.00         5.00
1,133.........................................         2.00         2.00
1,134.........................................         0.0          0.0
1,135.........................................         0.0          0.0
1,136.........................................         0.0          0.0
1,137.........................................         0.0          0.0
1,138.........................................         0.0          0.0
1,139.........................................         0.0          0.0
1,140.........................................         0.0          0.0
1,141.........................................         0.0          0.0
1,142.........................................         0.0          0.0
1,143.........................................         0.0          0.0
1,144.........................................         0.0          0.0
1,145.........................................         0.0          0.0
1,146.........................................         0.0          0.0
1,147.........................................         0.0          0.0
1,148.........................................         0.0          0.0
1,149.........................................         0.0          0.0
1,150.........................................         0.0          0.0
1,151.........................................         0.0          0.0
1,152.........................................         0.0          0.0
1,153.........................................         0.0          0.0
1,154.........................................         0.0          0.0
1,155.........................................         0.0          0.0
1,156.........................................         0.0          0.0
1,157.........................................         0.0          0.0
1,158.........................................         0.0          0.0
1,159.........................................         0.0          0.0
1,160.........................................         0.0          0.0
1,161.........................................         0.0          0.0
1,162.........................................         0.0          0.0
1,163.........................................         0.0          0.0

[[Page 576]]

 
1,164.........................................         0.0          0.0
1,165.........................................         0.0          0.0
1,166.........................................         0.0          0.0
1,167.........................................         0.0          0.0
------------------------------------------------------------------------

    (2) EPA Engine Dynamometer Schedule for Heavy-Duty Diesel Engines.

------------------------------------------------------------------------
                                                         Percent
                                               -------------------------
               Record (seconds)                  Normalized
                                                revolutions   Normalized
                                                 per minute     torque
------------------------------------------------------------------------
1.............................................         0.0          0.0
2.............................................         0.0          0.0
3.............................................         0.0          0.0
4.............................................         0.0          0.0
5.............................................         0.0          0.0
6.............................................         0.0          0.0
7.............................................         0.0          0.0
8.............................................         0.0          0.0
9.............................................         0.0          0.0
10............................................         0.0          0.0
11............................................         0.0          0.0
12............................................         0.0          0.0
13............................................         0.0          0.0
14............................................         0.0          0.0
15............................................         0.0          0.0
16............................................         0.0          0.0
17............................................         0.0          0.0
18............................................         0.0          0.0
19............................................         0.0          0.0
20............................................         0.0          0.0
21............................................         0.0          0.0
22............................................         0.0          0.0
23............................................         0.0          0.0
24............................................         0.0          0.0
25............................................         0.0          3.67
26............................................         0.0         47.69
27............................................         3.11        59.41
28............................................         9.09        84.54
29............................................        15.62        80.00
30............................................        33.49        80.00
31............................................        37.93        79.29
32............................................        31.20        38.25
33............................................        21.99        26.67
34............................................        30.00        15.10
35............................................        22.23        16.47
36............................................        19.61        28.05
37............................................        20.00        20.38
38............................................        18.33     (\1\)
39............................................         6.55     (\1\)
40............................................        15.82     (\1\)
41............................................        23.63     (\1\)
42............................................        17.51     (\1\)
43............................................        14.19        62.52
44............................................        16.64        69.36
45............................................        27.77        60.00
46............................................        37.03        63.79
47............................................        47.36        75.36
48............................................        54.77        80.00
49............................................        57.70        80.00
50............................................        54.03        79.92
51............................................        58.00        65.03
52............................................        58.65        43.23
53............................................        62.88        50.00
54............................................        69.83        50.00
55............................................        72.00        42.05
56............................................        75.81        40.00
57............................................        84.22        42.20
58............................................        83.86        41.28
59............................................        80.55     (\1\)
60............................................        80.51     (\1\)
61............................................        78.00     (\1\)
62............................................        79.79     (\1\)
63............................................        80.33        30.54
64............................................        85.58        42.12
65............................................        81.78        50.00
66............................................        78.00        50.00
67............................................        80.74        43.16
68............................................        92.10        73.65
69............................................        88.01     (\1\)
70............................................        84.00     (\1\)
71............................................        84.00     (\1\)
72............................................        81.17     (\1\)
73............................................        70.46     (\1\)
74............................................        66.00        13.57
75............................................        62.23        29.43
76............................................        64.00        20.00
77............................................        63.48        17.42
78............................................        60.34        10.00
79............................................        56.85        10.00
80............................................        56.00     (\1\)
81............................................        52.45     (\1\)
82............................................        39.91        10.00
83............................................        36.38        10.00
84............................................        30.00        10.00
85............................................        27.93        10.00
86............................................        26.00        16.74
87............................................        27.66         3.36
88............................................        28.00     (\1\)
89............................................        27.41     (\1\)
90............................................        20.96     (\1\)
91............................................        12.15     (\1\)
92............................................         3.81     (\1\)
93............................................         0.0          0.0
94............................................         0.0          0.0
95............................................         0.0          0.91
96............................................         0.0          7.52
97............................................         0.0          0.0
98............................................         0.0          0.0
99............................................         0.0          0.0
100...........................................         0.0          0.0
101...........................................         0.0          0.0
102...........................................         0.0          0.0
103...........................................         0.0          0.0
104...........................................         0.0          0.0
105...........................................         0.0          0.0
106...........................................         0.0          0.0
107...........................................         0.0          0.0
108...........................................         0.0          0.0
109...........................................         0.0          0.0
110...........................................         0.0          0.0
111...........................................         0.0          0.0
112...........................................         0.0          0.0
113...........................................         0.0          0.0
114...........................................         0.0          0.0
115...........................................         0.0          0.0
116...........................................         0.0          0.0
117...........................................         0.0          0.0
118...........................................         0.0          0.0
119...........................................         0.0          0.0
120...........................................         0.0          0.0
121...........................................         0.0          0.0
122...........................................         0.0          0.0
123...........................................         0.0          0.0
124...........................................         0.0          0.0
125...........................................         0.0          0.0
126...........................................         0.0          0.0
127...........................................         0.0          0.0
128...........................................         0.0          0.0

[[Page 577]]

 
129...........................................         1.77     (\1\)
130...........................................         1.60     (\1\)
131...........................................         0.0          0.0
132...........................................         0.0          0.0
133...........................................         2.14         9.28
134...........................................         3.08         0.0
135...........................................         0.0          0.0
136...........................................         0.0          0.0
137...........................................         0.0          0.0
138...........................................         0.0          0.0
139...........................................         0.0          0.0
140...........................................         0.0          0.0
141...........................................         0.0          0.0
142...........................................         0.0          0.0
143...........................................         0.0          0.0
144...........................................         0.0          0.0
145...........................................         0.0          0.0
146...........................................         0.0          0.0
147...........................................         0.0          5.51
148...........................................         0.0         11.34
149...........................................         0.0          0.0
150...........................................         0.0          0.0
151...........................................         0.0          0.0
152...........................................         0.0          0.0
153...........................................         0.0          0.0
154...........................................         0.0          0.0
155...........................................         0.0          0.0
156...........................................         0.0          0.0
157...........................................         0.0          0.0
158...........................................         0.0          0.21
159...........................................         0.0         30.00
160...........................................         0.0         26.78
161...........................................         0.0         20.00
162...........................................         0.0         20.00
163...........................................         0.0          4.12
164...........................................         0.0          0.0
165...........................................         0.0          0.0
166...........................................         0.0          0.0
167...........................................         0.0          0.0
168...........................................         0.0          0.0
169...........................................         0.0          0.0
170...........................................         0.0          0.0
171...........................................         0.0          0.0
172...........................................         0.0          0.0
173...........................................         0.0          0.0
174...........................................         0.0          0.0
175...........................................         0.0          0.0
176...........................................         0.0          0.0
177...........................................         0.0          0.0
178...........................................         0.0          0.0
179...........................................         0.0          0.0
180...........................................         0.0          0.0
181...........................................         0.0          0.0
182...........................................         0.0          0.0
183...........................................         0.0          0.0
184...........................................         0.0         20.00
185...........................................         0.0         20.00
186...........................................         0.0         11.73
187...........................................         0.0          0.0
188...........................................         0.0          0.0
189...........................................         0.0          0.0
190...........................................         0.0          0.0
191...........................................         0.0          0.0
192...........................................         0.0          0.0
193...........................................         0.0          0.0
194...........................................         0.0          0.0
195...........................................         0.0          0.0
196...........................................         0.0          0.0
197...........................................         0.0          0.0
198...........................................         0.0          0.0
199...........................................         0.0          0.0
200...........................................         0.0          0.0
201...........................................         0.0          0.0
202...........................................         0.0          0.0
203...........................................         0.0          0.0
204...........................................         0.0          0.0
205...........................................         0.0          0.0
206...........................................         0.0          0.0
207...........................................         0.0          0.0
208...........................................         0.0          0.0
209...........................................         0.0          0.0
210...........................................         0.0          0.0
211...........................................         0.0          0.0
212...........................................         0.0          0.0
213...........................................         0.0          0.0
214...........................................         0.0         73.41
215...........................................         0.0         90.00
216...........................................        31.30        81.30
217...........................................        41.15        90.00
218...........................................        44.00        90.00
219...........................................        46.41        90.00
220...........................................        51.04        82.41
221...........................................        66.66        80.00
222...........................................        75.03        90.00
223...........................................        89.85        90.00
224...........................................        96.78        93.88
225...........................................        96.91        50.94
226...........................................        94.60        17.02
227...........................................        99.16        28.60
228...........................................       100.00        39.83
229...........................................       100.00        30.00
230...........................................       100.00        26.69
231...........................................       100.98        20.00
232...........................................       100.71        20.00
233...........................................       100.00        36.06
234...........................................        96.16        40.00
235...........................................        95.77        30.00
236...........................................        94.55        32.75
237...........................................        96.86        35.68
238...........................................        99.18        30.00
239...........................................       100.00        44.93
240...........................................       101.81        50.00
241...........................................        86.54     (\1\)
242...........................................        63.56     (\1\)
243...........................................        56.00     (\1\)
244...........................................        46.00     (\1\)
245...........................................        41.86        45.18
246...........................................        38.31        78.47
247...........................................        35.98        80.00
248...........................................        31.03        80.00
249...........................................        25.36        80.00
250...........................................        23.05        60.97
251...........................................        18.20        27.34
252...........................................        12.84        43.71
253...........................................        10.10        68.95
254...........................................         3.79        68.95
255...........................................         1.48        44.28
256...........................................         0.0          0.0
257...........................................         0.0          0.0
258...........................................         0.0          0.0
259...........................................         0.0          0.0
260...........................................         0.0          0.0
261...........................................         0.0          0.0
262...........................................         0.0          0.0
263...........................................         0.0         24.97
264...........................................         0.0         17.16
265...........................................         0.0          6.20
266...........................................         0.0         10.00
267...........................................         0.0         10.00
268...........................................         0.0          0.0
269...........................................         0.0          0.0
270...........................................         0.0          0.0

[[Page 578]]

 
271...........................................         0.0          0.0
272...........................................         0.0          0.0
273...........................................         0.0          0.0
274...........................................         0.0          0.0
275...........................................         0.0          0.0
276...........................................         0.0          0.0
277...........................................         0.0          0.0
278...........................................         0.0          0.0
279...........................................         0.0          0.0
280...........................................         0.0          0.0
281...........................................         0.0          0.0
282...........................................         0.0          0.0
283...........................................         0.0          0.0
284...........................................         0.0          0.0
285...........................................         0.0          0.0
286...........................................         0.0          0.0
287...........................................         0.0          0.0
288...........................................         0.0          0.0
289...........................................         0.0          0.0
290...........................................         0.0          0.0
291...........................................         0.0          0.0
292...........................................         0.0          0.0
293...........................................         0.0          0.0
294...........................................         0.0          0.0
295...........................................         0.0          0.0
296...........................................         0.0          0.0
297...........................................         0.0          0.0
298...........................................         0.0          0.0
299...........................................         0.0          0.0
300...........................................         0.0          0.0
301...........................................         0.0          0.0
302...........................................         0.0          0.0
303...........................................         0.0          0.0
304...........................................         0.0          0.0
305...........................................         0.0          0.0
306...........................................         0.0          0.0
307...........................................         0.0          0.0
308...........................................         0.0          0.0
309...........................................         0.0          0.0
310...........................................         0.0          0.0
311...........................................         0.0          0.0
312...........................................         0.0          0.0
313...........................................         0.0          0.0
314...........................................         0.0          0.0
315...........................................         0.0          0.0
316...........................................         0.0          0.0
317...........................................         0.0          0.0
318...........................................         0.0          0.0
319...........................................         0.0          0.0
320...........................................         0.0          0.0
321...........................................         0.0         15.55
322...........................................         0.0         20.00
323...........................................        24.18        19.08
324...........................................        23.00        10.00
325...........................................        11.56         1.86
326...........................................         6.87     (\1\)
327...........................................         6.00     (\1\)
328...........................................         0.72     (\1\)
329...........................................         0.0          0.0
330...........................................         0.0          0.0
331...........................................         0.0          0.0
332...........................................         0.0          0.0
333...........................................         0.0          0.0
334...........................................         0.0          0.0
335...........................................         0.0          0.0
336...........................................         0.0          0.0
337...........................................         0.0          0.0
338...........................................         0.0          0.0
339...........................................         0.0          0.0
340...........................................         0.0          0.0
341...........................................         0.0          0.0
342...........................................         0.0          0.0
343...........................................         0.0          0.0
344...........................................         0.0          0.0
345...........................................         0.0          0.0
346...........................................         0.0          0.0
347...........................................         0.0          0.0
348...........................................         0.0          0.0
349...........................................         0.0          0.0
350...........................................         0.0          0.0
351...........................................         0.0          0.0
352...........................................         0.0          0.0
353...........................................         0.0          0.0
354...........................................         0.0          0.0
355...........................................         0.0          0.0
356...........................................         0.0          0.0
357...........................................         0.0          0.0
358...........................................         0.0          0.0
359...........................................         0.0          0.0
360...........................................         0.0          0.0
361...........................................         0.0          0.0
362...........................................         0.0          0.0
363...........................................         0.0          0.0
364...........................................         0.0          0.0
365...........................................         0.0          0.0
366...........................................         0.0          0.0
367...........................................         0.0          0.0
368...........................................         0.0          0.0
369...........................................         0.0          0.0
370...........................................         0.0          0.0
371...........................................         0.0          0.0
372...........................................         0.0          0.0
373...........................................         0.0          0.0
374...........................................         0.0          0.0
375...........................................         0.0          0.0
376...........................................         0.0          0.0
377...........................................         0.0         29.59
378...........................................        -1.50        87.46
379...........................................         8.88       100.00
380...........................................        46.04       100.00
381...........................................        76.89       100.00
382...........................................        80.00       100.00
383...........................................        82.14        94.64
384...........................................        85.39        83.07
385...........................................        87.70        88.51
386...........................................        92.00        79.83
387...........................................        92.00        61.66
388...........................................        94.58        66.77
389...........................................       102.88        60.00
390...........................................       106.00        72.76
391...........................................       109.18         8.43
392...........................................       111.91     (\1\)
393...........................................        82.00     (\1\)
394...........................................        79.33     (\1\)
395...........................................        71.15     (\1\)
396...........................................        68.84     (\1\)
397...........................................        78.35        49.17
398...........................................        82.00        70.00
399...........................................        80.65        69.46
400...........................................        92.85        60.00
401...........................................        97.48        60.00
402...........................................        98.95        60.00
403...........................................       100.74        60.00
404...........................................       103.68        43.17
405...........................................       104.00        10.04
406...........................................        80.62        20.00
407...........................................        83.37        20.00
408...........................................        81.06        15.29
409...........................................        80.00        10.00
410...........................................        76.86     (\1\)
411...........................................        74.11     (\1\)
412...........................................        71.60     (\1\)

[[Page 579]]

 
413...........................................        70.58     (\1\)
414...........................................        78.00     (\1\)
415...........................................        80.29         1.45
416...........................................        80.54        17.30
417...........................................        78.23        11.13
418...........................................        78.45        19.55
419...........................................        84.36        24.16
420...........................................        72.16        80.00
421...........................................        79.10        74.83
422...........................................        90.09        16.04
423...........................................        74.04     (\1\)
424...........................................        68.02     (\1\)
425...........................................        68.53     (\1\)
426...........................................        59.39     (\1\)
427...........................................        63.54     (\1\)
428...........................................        70.00         2.38
429...........................................        73.10        17.76
430...........................................        72.13     (\1\)
431...........................................        67.27     (\1\)
432...........................................        36.03     (\1\)
433...........................................        20.75     (\1\)
434...........................................        11.49     (\1\)
435...........................................        -2.09         0.0
436...........................................        -0.73         0.0
437...........................................         8.57        60.00
438...........................................        30.55        61.93
439...........................................        67.10        63.00
440...........................................        86.03        39.85
441...........................................        89.33        30.00
442...........................................        91.64        30.00
443...........................................        97.88        10.40
444...........................................        97.73         1.37
445...........................................        96.00        10.00
446...........................................        96.00         0.96
447...........................................        96.00     (\1\)
448...........................................        85.27        28.34
449...........................................        87.54        30.76
450...........................................        86.16        29.18
451...........................................        88.00        20.00
452...........................................        87.21        20.00
453...........................................        86.00        20.00
454...........................................        87.42        20.00
455...........................................        88.00        11.32
456...........................................        77.84     (\1\)
457...........................................        72.00     (\1\)
458...........................................        71.32     (\1\)
459...........................................        70.00         0.04
460...........................................        70.00     (\1\)
461...........................................        74.88     (\1\)
462...........................................        74.06     (\1\)
463...........................................        67.74     (\1\)
464...........................................        66.00     (\1\)
465...........................................        64.23     (\1\)
466...........................................        62.00     (\1\)
467...........................................        55.94     (\1\)
468...........................................        54.00     (\1\)
469...........................................        66.43     (\1\)
470...........................................        75.21        70.00
471...........................................        86.00        54.53
472...........................................        86.00        24.56
473...........................................        88.81     (\1\)
474...........................................        90.00     (\1\)
475...........................................       105.48     (\1\)
476...........................................        74.00     (\1\)
477...........................................        73.34     (\1\)
478...........................................        71.02        10.00
479...........................................        76.46        29.38
480...........................................        81.61        40.00
481...........................................        78.16        30.39
482...........................................        74.13        26.46
483...........................................        90.00         0.0
484...........................................        90.87         0.0
485...........................................        92.00     (\1\)
486...........................................        93.50     (\1\)
487...........................................        94.00     (\1\)
488...........................................        94.13     (\1\)
489...........................................        88.96     (\1\)
490...........................................        63.25     (\1\)
491...........................................        62.00     (\1\)
492...........................................        49.54        45.37
493...........................................        52.49        86.99
494...........................................        64.00        90.00
495...........................................        64.99        90.00
496...........................................        71.93        93.22
497...........................................        78.87        95.21
498...........................................        82.00        83.64
499...........................................        86.76        80.00
500...........................................        93.71        80.00
501...........................................        94.87        80.00
502...........................................       103.60        80.00
503...........................................       101.23        41.89
504...........................................        95.48        24.85
505...........................................        98.00        50.00
506...........................................        99.79        50.00
507...........................................       106.21        46.82
508...........................................       110.84     (\1\)
509...........................................        98.55     (\1\)
510...........................................        70.95     (\1\)
511...........................................        67.27     (\1\)
512...........................................        60.96     (\1\)
513...........................................        48.03     (\1\)
514...........................................        52.31     (\1\)
515...........................................        54.00     (\1\)
516...........................................        65.27     (\1\)
517...........................................        78.00     (\1\)
518...........................................        57.61     (\1\)
519...........................................        42.58     (\1\)
520...........................................        38.81     (\1\)
521...........................................        22.37     (\1\)
522...........................................         3.52     (\1\)
523...........................................         0.0          0.0
524...........................................        -1.46        36.39
525...........................................        -0.23         5.75
526...........................................         0.0          0.0
527...........................................         0.0          0.0
528...........................................         0.0          0.0
529...........................................         0.0          0.0
530...........................................         0.0          0.0
531...........................................         0.0          0.0
532...........................................         0.0          0.0
533...........................................         0.0          0.0
534...........................................         0.0          0.0
535...........................................         0.0          0.0
536...........................................         0.0          0.0
537...........................................         0.0          0.0
538...........................................         0.0          0.0
539...........................................         0.0          0.0
540...........................................         0.0          0.0
541...........................................         0.0          0.0
542...........................................         0.0          0.0
543...........................................         0.0          0.0
544...........................................         0.0      (\1\)
545...........................................         0.0          0.0
546...........................................        -0.75         0.0
547...........................................        -0.56         0.0
548...........................................         4.00     (\1\)
549...........................................         0.68     (\1\)
550...........................................         0.0          0.0
551...........................................         0.0          0.0
552...........................................         0.0          2.60
553...........................................         0.0         20.00
554...........................................         0.0         20.00

[[Page 580]]

 
555...........................................         0.0          7.96
556...........................................         0.0          0.0
557...........................................         0.0          0.0
558...........................................         0.0         78.53
559...........................................         1.85        60.00
560...........................................        11.10        63.88
561...........................................        16.00        70.00
562...........................................        30.05        70.00
563...........................................        42.88        70.00
564...........................................        56.10        70.00
565...........................................        63.39        66.52
566...........................................        70.66        59.94
567...........................................        72.98        80.00
568...........................................        77.87        86.46
569...........................................        88.03        90.00
570...........................................        90.00        90.00
571...........................................        92.23       100.00
572...........................................        94.00       100.00
573...........................................        94.86       100.00
574...........................................        96.00       100.00
575...........................................        97.49       100.00
576...........................................       108.84       100.00
577...........................................       110.00        83.92
578...........................................       104.77     (\1\)
579...........................................        87.50     (\1\)
580...........................................        90.00         0.0
581...........................................        91.38     (\1\)
582...........................................        81.84     (\1\)
583...........................................        65.99     (\1\)
584...........................................        63.68     (\1\)
585...........................................        60.73     (\1\)
586...........................................        57.05     (\1\)
587...........................................        53.47     (\1\)
588...........................................        50.42     (\1\)
589...........................................        44.31     (\1\)
590...........................................        37.58        37.91
591...........................................        33.48        20.00
592...........................................        31.16        20.00
593...........................................        28.85        20.00
594...........................................        22.13        20.00
595...........................................         9.31     (\1\)
596...........................................         0.0          0.0
597...........................................         0.0          0.0
598...........................................         0.0          0.0
599...........................................         0.0          0.0
600...........................................         0.0          0.0
601...........................................         0.0          0.0
602...........................................         0.0          0.0
603...........................................         0.0          0.0
604...........................................         0.0          0.0
605...........................................         0.0          0.0
606...........................................         2.52         6.30
607...........................................        10.30        17.87
608...........................................        13.89        20.00
609...........................................        20.20        20.00
610...........................................        24.07        22.59
611...........................................        33.33        17.50
612...........................................        40.30     (\1\)
613...........................................        47.85     (\1\)
614...........................................        66.00         7.78
615...........................................        68.00        10.93
616...........................................        67.59        32.04
617...........................................        66.00        40.00
618...........................................        67.04        40.00
619...........................................        68.00        40.00
620...........................................        68.00        48.33
621...........................................        75.93        99.53
622...........................................        78.00       100.00
623...........................................        78.00       100.00
624...........................................        77.07       100.00
625...........................................        76.00       100.00
626...........................................        76.00       100.00
627...........................................        76.00       100.00
628...........................................        75.63       100.00
629...........................................        73.00        97.50
630...........................................        76.81        90.00
631...........................................        80.26        90.00
632...........................................        83.44        90.00
633...........................................        84.00        98.79
634...........................................        84.00       100.00
635...........................................        83.61       100.00
636...........................................        82.00       100.00
637...........................................        83.02        94.91
638...........................................        86.67        90.00
639...........................................        89.65        90.00
640...........................................        90.00        99.81
641...........................................        89.45       100.00
642...........................................        86.00       100.00
643...........................................        86.00        95.47
644...........................................        87.22        90.00
645...........................................        88.00        90.00
646...........................................        88.00        80.74
647...........................................        88.00        79.17
648...........................................        88.00        77.21
649...........................................        88.00       100.00
650...........................................        88.00        94.45
651...........................................        88.00        90.00
652...........................................        88.00        90.00
653...........................................        90.00        90.00
654...........................................        89.63        90.00
655...........................................        88.68        90.00
656...........................................        90.00        90.00
657...........................................        90.00        90.00
658...........................................        91.63        81.86
659...........................................        92.00        80.00
660...........................................        90.00        81.29
661...........................................        89.43        92.86
662...........................................        87.11       100.00
663...........................................        86.00       100.00
664...........................................        86.00       100.00
665...........................................        89.66       100.00
666...........................................        90.00        99.27
667...........................................        90.46        90.00
668...........................................        92.78        90.00
669...........................................        95.09        90.00
670...........................................       100.22        82.97
671...........................................       102.00        80.00
672...........................................       102.00        70.18
673...........................................       102.00        80.00
674...........................................        97.34        50.07
675...........................................        87.02     (\1\)
676...........................................        86.00     (\1\)
677...........................................        73.12        22.19
678...........................................        75.77        39.62
679...........................................        75.76        48.80
680...........................................        75.11        37.23
681...........................................        78.00        34.34
682...........................................        80.37        40.00
683...........................................        77.51        47.49
684...........................................        81.44        50.00
685...........................................        82.13        39.36
686...........................................        84.00        27.79
687...........................................        84.00        16.21
688...........................................        84.00        15.36
689...........................................        85.39        26.93
690...........................................        86.00        30.00
691...........................................        86.00        30.08
692...........................................        85.67        40.00
693...........................................        84.65        40.00
694...........................................        86.00        35.20
695...........................................        87.28        30.00
696...........................................        88.00        22.05

[[Page 581]]

 
697...........................................        86.09     (\1\)
698...........................................        83.78     (\1\)
699...........................................        81.47     (\1\)
700...........................................        81.70     (\1\)
701...........................................        85.16     (\1\)
702...........................................        84.52     (\1\)
703...........................................        82.21     (\1\)
704...........................................        79.89     (\1\)
705...........................................        77.58     (\1\)
706...........................................        76.00         6.31
707...........................................        79.16         0.0
708...........................................        75.16        27.36
709...........................................        72.00        40.00
710...........................................        72.00        40.00
711...........................................        74.00        38.44
712...........................................        74.00        30.00
713...........................................        74.00        30.00
714...........................................        74.00        36.28
715...........................................        72.43        47.86
716...........................................        68.23        59.43
717...........................................        73.80        50.00
718...........................................        72.52        50.00
719...........................................        74.00        45.85
720...........................................        72.85        57.18
721...........................................        76.38        62.70
722...........................................        81.55        60.00
723...........................................        80.18        60.00
724...........................................        83.60        60.00
725...........................................        83.44        56.40
726...........................................        86.00        50.00
727...........................................        87.35        50.00
728...........................................        86.34        50.00
729...........................................        86.00        40.11
730...........................................        88.29        61.47
731...........................................        88.78        63.92
732...........................................        86.92        50.00
733...........................................        86.76        50.00
734...........................................        87.55        42.24
735...........................................        88.00        49.34
736...........................................        86.00        50.91
737...........................................        86.00        67.45
738...........................................        86.00        81.88
739...........................................        87.13        70.00
740...........................................        89.44        77.21
741...........................................        91.76        88.78
742...........................................        90.07        89.65
743...........................................        92.00        80.00
744...........................................        92.70        80.00
745...........................................        94.00        80.00
746...........................................        94.00        80.00
747...........................................        94.00        80.00
748...........................................        94.00        80.00
749...........................................        94.00        81.37
750...........................................        94.59        87.05
751...........................................        96.00        57.40
752...........................................        96.00        42.19
753...........................................        96.00        42.33
754...........................................        96.00        40.00
755...........................................        96.00        38.37
756...........................................        96.00        12.83
757...........................................        96.00     (\1\)
758...........................................        96.00     (\1\)
759...........................................        96.00     (\1\)
760...........................................        97.74         7.37
761...........................................       100.05        19.74
762...........................................       102.00        11.83
763...........................................       102.00        26.81
764...........................................       103.00        49.96
765...........................................       104.00        60.00
766...........................................       102.37        60.00
767...........................................       103.94        60.00
768...........................................       104.00        40.00
769...........................................       104.00        25.75
770...........................................       103.12     (\1\)
771...........................................       100.80     (\1\)
772...........................................       100.00     (\1\)
773...........................................       101.83        44.88
774...........................................       102.00        36.40
775...........................................       102.00     (\1\)
776...........................................       102.00     (\1\)
777...........................................       100.91     (\1\)
778...........................................       101.40     (\1\)
779...........................................       100.28     (\1\)
780...........................................        97.97     (\1\)
781...........................................        96.00     (\1\)
782...........................................        96.00        10.00
783...........................................        96.00         0.23
784...........................................        96.00     (\1\)
785...........................................        96.00     (\1\)
786...........................................        94.08     (\1\)
787...........................................        78.00     (\1\)
788...........................................        77.45     (\1\)
789...........................................        71.67        28.96
790...........................................        67.18        80.00
791...........................................        66.50        87.48
792...........................................        71.43        90.00
793...........................................        74.13        90.00
794...........................................        75.56        92.20
795...........................................        74.75       100.00
796...........................................        77.07        94.65
797...........................................        79.38        83.08
798...........................................        80.00        71.51
799...........................................        80.01        69.93
800...........................................        82.33        58.36
801...........................................        84.00        50.00
802...........................................        84.00        59.58
803...........................................        84.00        76.36
804...........................................        84.00        80.00
805...........................................        84.00        70.49
806...........................................        82.00        80.00
807...........................................        81.47        82.66
808...........................................        80.00        90.00
809...........................................        77.68        90.00
810...........................................        74.52        75.24
811...........................................        77.58        78.96
812...........................................        81.89        80.00
813...........................................        80.42        80.00
814...........................................        82.00        83.68
815...........................................        83.05        79.50
816...........................................        84.00        70.00
817...........................................        84.00        61.60
818...........................................        84.00        50.03
819...........................................        86.00        60.00
820...........................................        86.00        60.00
821...........................................        86.00        69.39
822...........................................        88.51        73.73
823...........................................        88.43        70.00
824...........................................        88.00        70.00
825...........................................        94.00        70.99
826...........................................        94.51        80.00
827...........................................        95.17        80.00
828...........................................        95.14        80.00
829...........................................        94.54        80.00
830...........................................        94.00        80.00
831...........................................        94.00        77.89
832...........................................        94.00        31.99
833...........................................        94.00        43.57
834...........................................        94.00        60.28
835...........................................        94.00        63.29
836...........................................        94.00        76.57
837...........................................        94.00        89.86
838...........................................        94.29        90.00

[[Page 582]]

 
839...........................................        97.80        87.00
840...........................................       102.91        80.00
841...........................................       104.00        73.85
842...........................................       104.00        62.28
843...........................................       104.00        69.29
844...........................................       106.00        70.00
845...........................................       106.00        62.70
846...........................................       106.00        40.00
847...........................................       104.88        40.00
848...........................................       104.00        32.85
849...........................................       104.00        30.00
850...........................................       104.00         0.30
851...........................................       103.63        11.87
852...........................................       100.62        13.12
853...........................................        98.00         5.01
854...........................................        96.68        10.00
855...........................................        96.00     (\1\)
856...........................................        96.00     (\1\)
857...........................................        96.00     (\1\)
858...........................................        95.43     (\1\)
859...........................................        94.00     (\1\)
860...........................................        94.00     (\1\)
861...........................................        95.52         5.18
862...........................................        97.83     (\1\)
863...........................................        98.00     (\1\)
864...........................................        98.00     (\1\)
865...........................................        97.22     (\1\)
866...........................................        96.00         6.35
867...........................................        96.00        12.98
868...........................................        96.00        10.00
869...........................................        95.93        10.00
870...........................................        92.00        10.00
871...........................................        92.00        10.00
872...........................................        92.98        14.89
873...........................................        94.00        13.54
874...........................................        90.79        42.12
875...........................................        88.08        40.40
876...........................................        86.23        30.00
877...........................................        88.00        32.75
878...........................................        87.14        44.32
879...........................................        84.82        50.00
880...........................................        82.51        50.00
881...........................................        82.00        50.00
882...........................................        82.12        40.00
883...........................................        83.13        35.64
884...........................................        80.00        20.00
885...........................................        84.26        51.95
886...........................................        86.62        66.21
887...........................................        84.31        60.00
888...........................................        81.99         9.96
889...........................................        79.35         1.61
890...........................................        75.36        19.56
891...........................................        73.05        40.00
892...........................................        70.73         8.35
893...........................................        68.42     (\1\)
894...........................................        47.15         8.95
895...........................................        35.79        10.00
896...........................................        32.95         7.38
897...........................................        29.16     (\1\)
898...........................................        16.47     (\1\)
899...........................................         2.13     (\1\)
900...........................................         0.0          0.0
901...........................................         0.0          0.0
902...........................................         0.0          0.0
903...........................................         0.0          0.0
904...........................................         0.0          0.0
905...........................................         0.0          0.0
906...........................................         0.0          0.0
907...........................................         0.0          0.0
908...........................................         0.0          0.0
909...........................................         0.0          0.0
910...........................................         0.0          0.0
911...........................................         0.0          0.0
912...........................................         0.0          0.0
913...........................................         0.0          0.0
914...........................................         0.0          0.0
915...........................................         0.0          0.0
916...........................................         0.0          0.0
917...........................................         0.0          0.0
918...........................................         0.0          0.0
919...........................................         0.0          0.0
920...........................................         0.0          0.0
921...........................................         0.0          0.0
922...........................................         0.0          0.0
923...........................................         0.0          0.0
924...........................................         0.0          0.0
925...........................................         0.0          0.0
926...........................................         0.0          0.0
927...........................................         0.0          3.67
928...........................................         0.0         47.69
929...........................................         3.11        59.41
930...........................................         9.09        84.54
931...........................................        15.62        80.00
932...........................................        33.49        80.00
933...........................................        37.93        79.29
934...........................................        31.20        38.25
935...........................................        21.99        26.67
936...........................................        30.00        15.10
937...........................................        22.23        16.47
938...........................................        19.61        28.05
939...........................................        20.00        20.38
940...........................................        18.33     (\1\)
941...........................................         6.55     (\1\)
942...........................................        15.82     (\1\)
943...........................................        23.63     (\1\)
944...........................................        17.51     (\1\)
945...........................................        14.19        62.52
946...........................................        16.64        69.36
947...........................................        27.77        60.00
948...........................................        37.03        63.79
949...........................................        47.36        75.36
950...........................................        54.77        80.00
951...........................................        57.70        80.00
952...........................................        54.03        79.92
953...........................................        58.00        65.03
954...........................................        58.65        43.23
955...........................................        62.88        50.00
956...........................................        69.83        50.00
957...........................................        72.00        42.05
958...........................................        75.81        40.00
959...........................................        84.22        42.20
960...........................................        83.86        41.28
961...........................................        80.55     (\1\)
962...........................................        80.51     (\1\)
963...........................................        78.00     (\1\)
964...........................................        79.79     (\1\)
965...........................................        80.33        30.54
966...........................................        85.58        42.12
967...........................................        81.78        50.00
968...........................................        78.00        50.00
969...........................................        80.74        43.16
970...........................................        92.10        73.65
971...........................................        88.01     (\1\)
972...........................................        84.00     (\1\)
973...........................................        84.00     (\1\)
974...........................................        81.17     (\1\)
975...........................................        70.46     (\1\)
976...........................................        66.00        13.57
977...........................................        62.23        29.43
978...........................................        64.00        20.00
979...........................................        63.48        17.42
980...........................................        60.34        10.00

[[Page 583]]

 
981...........................................        56.85        10.00
982...........................................        56.00     (\1\)
983...........................................        52.45     (\1\)
984...........................................        39.91        10.00
985...........................................        36.38        10.00
986...........................................        30.00        10.00
987...........................................        27.93        10.00
988...........................................        26.00        16.74
989...........................................        27.66         3.36
990...........................................        28.00     (\1\)
991...........................................        27.41     (\1\)
992...........................................        20.96     (\1\)
993...........................................        12.15     (\1\)
994...........................................         3.81     (\1\)
995...........................................         0.0          0.0
996...........................................         0.0          0.0
997...........................................         0.0          0.91
998...........................................         0.0          7.52
999...........................................         0.0          0.0
1,000.........................................         0.0          0.0
1,001.........................................         0.0          0.0
1,002.........................................         0.0          0.0
1,003.........................................         0.0          0.0
1,004.........................................         0.0          0.0
1,005.........................................         0.0          0.0
1,006.........................................         0.0          0.0
1,007.........................................         0.0          0.0
1,008.........................................         0.0          0.0
1,009.........................................         0.0          0.0
1,010.........................................         0.0          0.0
1,011.........................................         0.0          0.0
1,012.........................................         0.0          0.0
1,013.........................................         0.0          0.0
1,014.........................................         0.0          0.0
1,015.........................................         0.0          0.0
1,016.........................................         0.0          0.0
1,017.........................................         0.0          0.0
1,018.........................................         0.0          0.0
1,019.........................................         0.0          0.0
1,020.........................................         0.0          0.0
1,021.........................................         0.0          0.0
1,022.........................................         0.0          0.0
1,023.........................................         0.0          0.0
1,024.........................................         0.0          0.0
1,025.........................................         0.0          0.0
1,026.........................................         0.0          0.0
1,027.........................................         0.0          0.0
1,028.........................................         0.0          0.0
1,029.........................................         0.0          0.0
1,030.........................................         0.0          0.0
1,031.........................................         1.77     (\1\)
1,032.........................................         1.60     (\1\)
1,033.........................................         0.0          0.0
1,034.........................................         0.0          0.0
1,035.........................................         2.14         9.28
1,036.........................................         3.08         0.0
1,037.........................................         0.0          0.0
1,038.........................................         0.0          0.0
1,039.........................................         0.0          0.0
1,040.........................................         0.0          0.0
1,041.........................................         0.0          0.0
1,042.........................................         0.0          0.0
1,043.........................................         0.0          0.0
1,044.........................................         0.0          0.0
1,045.........................................         0.0          0.0
1,046.........................................         0.0          0.0
1,047.........................................         0.0          0.0
1,048.........................................         0.0          0.0
1,049.........................................         0.0          5.51
1,050.........................................         0.0         11.34
1,051.........................................         0.0          0.0
1,052.........................................         0.0          0.0
1,053.........................................         0.0          0.0
1,054.........................................         0.0          0.0
1,055.........................................         0.0          0.0
1,056.........................................         0.0          0.0
1,057.........................................         0.0          0.0
1,058.........................................         0.0          0.0
1,059.........................................         0.0          0.0
1,060.........................................         0.0          0.21
1,061.........................................         0.0         30.00
1,062.........................................         0.0         26.78
1,063.........................................         0.0         20.00
1,064.........................................         0.0         20.00
1,065.........................................         0.0          4.12
1,066.........................................         0.0          0.0
1,067.........................................         0.0          0.0
1,068.........................................         0.0          0.0
1,069.........................................         0.0          0.0
1,070.........................................         0.0          0.0
1,071.........................................         0.0          0.0
1,072.........................................         0.0          0.0
1,073.........................................         0.0          0.0
1,074.........................................         0.0          0.0
1,075.........................................         0.0          0.0
1,076.........................................         0.0          0.0
1,077.........................................         0.0          0.0
1,078.........................................         0.0          0.0
1,079.........................................         0.0          0.0
1,080.........................................         0.0          0.0
1,081.........................................         0.0          0.0
1,082.........................................         0.0          0.0
1,083.........................................         0.0          0.0
1,084.........................................         0.0          0.0
1,085.........................................         0.0          0.0
1,086.........................................         0.0         20.00
1,087.........................................         0.0         20.00
1,088.........................................         0.0         11.73
1,089.........................................         0.0          0.0
1,090.........................................         0.0          0.0
1,091.........................................         0.0          0.0
1,092.........................................         0.0          0.0
1,093.........................................         0.0          0.0
1,094.........................................         0.0          0.0
1,095.........................................         0.0          0.0
1,096.........................................         0.0          0.0
1,097.........................................         0.0          0.0
1,098.........................................         0.0          0.0
1,099.........................................         0.0          0.0
1,100.........................................         0.0          0.0
1,101.........................................         0.0          0.0
1,102.........................................         0.0          0.0
1,103.........................................         0.0          0.0
1,104.........................................         0.0          0.0
1,105.........................................         0.0          0.0
1,106.........................................         0.0          0.0
1,107.........................................         0.0          0.0
1,108.........................................         0.0          0.0
1,109.........................................         0.0          0.0
1,110.........................................         0.0          0.0
1,111.........................................         0.0          0.0
1,112.........................................         0.0          0.0
1,113.........................................         0.0          0.0
1,114.........................................         0.0          0.0
1,115.........................................         0.0          0.0
1,116.........................................         0.0         73.41
1,117.........................................         0.0         90.00
1,118.........................................        31.30        81.30
1,119.........................................        41.15        90.00
1,120.........................................        44.00        90.00
1,121.........................................        46.41        90.00
1,122.........................................        51.04        82.41

[[Page 584]]

 
1,123.........................................        66.66        80.00
1,124.........................................        75.03        90.00
1,125.........................................        89.85        90.00
1,126.........................................        96.78        93.88
1,127.........................................        96.91        50.94
1,128.........................................        94.60        17.02
1,129.........................................        99.16        28.60
1,130.........................................       100.00        39.83
1,131.........................................       100.00        30.00
1,132.........................................       100.00        26.69
1,133.........................................       100.98        20.00
1,134.........................................       100.71        20.00
1,135.........................................       100.00        36.06
1,136.........................................        96.16        40.00
1,137.........................................        95.77        30.00
1,138.........................................        94.55        32.75
1,139.........................................        96.86        35.68
1,140.........................................        99.18        30.00
1,141.........................................       100.00        44.93
1,142.........................................       101.81        50.00
1,143.........................................        86.54     (\1\)
1,144.........................................        63.56     (\1\)
1,145.........................................        56.00     (\1\)
1,146.........................................        46.00     (\1\)
1,147.........................................        41.86        45.18
1,148.........................................        38.31        78.47
1,149.........................................        35.98        80.00
1,150.........................................        31.03        80.00
1,151.........................................        25.36        80.00
1,152.........................................        23.05        60.97
1,153.........................................        18.20        27.34
1,154.........................................        12.84        43.71
1,155.........................................        10.10        68.95
1,156.........................................         3.79        68.95
1,157.........................................         1.48        44.28
1,158.........................................         0.0          0.0
1,159.........................................         0.0          0.0
1,160.........................................         0.0          0.0
1,161.........................................         0.0          0.0
1,162.........................................         0.0          0.0
1,163.........................................         0.0          0.0
1,164.........................................         0.0          0.0
1,165.........................................         0.0         24.97
1,166.........................................         0.0         17.16
1,167.........................................         0.0          6.20
1,168.........................................         0.0         10.00
1,169.........................................         0.0         10.00
1,170.........................................         0.0          0.0
1,171.........................................         0.0          0.0
1,172.........................................         0.0          0.0
1,173.........................................         0.0          0.0
1,174.........................................         0.0          0.0
1,175.........................................         0.0          0.0
1,176.........................................         0.0          0.0
1,177.........................................         0.0          0.0
1,178.........................................         0.0          0.0
1,179.........................................         0.0          0.0
1,180.........................................         0.0          0.0
1,181.........................................         0.0          0.0
1,182.........................................         0.0          0.0
1,183.........................................         0.0          0.0
1,184.........................................         0.0          0.0
1,185.........................................         0.0          0.0
1,186.........................................         0.0          0.0
1,187.........................................         0.0          0.0
1,188.........................................         0.0          0.0
1,189.........................................         0.0          0.0
1,190.........................................         0.0          0.0
1,191.........................................         0.0          0.0
1,192.........................................         0.0          0.0
1,193.........................................         0.0          0.0
1,194.........................................         0.0          0.0
1,195.........................................         0.0          0.0
1,196.........................................         0.0          0.0
1,197.........................................         0.0          0.0
1,198.........................................         0.0          0.0
1,199.........................................         0.0          0.0
------------------------------------------------------------------------
\1\ Closed throttle motoring.

    (3) Optional EPA Engine Dynamometer Schedule for Heavy-duty Otto-
cycle engines.

------------------------------------------------------------------------
                                                         Percent
                                               -------------------------
               Record (seconds)                  Normalized
                                                revolutions   Normalized
                                                 per minute     torque
------------------------------------------------------------------------
1.............................................         0.0          0.0
2.............................................         0.0          0.0
3.............................................         0.0          0.0
4.............................................         0.0          0.0
5.............................................         0.0          0.0
6.............................................         0.0          0.0
7.............................................         0.0          0.0
8.............................................         0.0          0.0
9.............................................         0.0          0.0
10............................................         0.0          0.0
11............................................         0.0          0.0
12............................................         0.0          0.0
13............................................         0.0          0.0
14............................................         0.0          0.0
15............................................         0.0          0.0
16............................................         0.0          0.0
17............................................         0.0          0.0
18............................................         0.0          0.0
19............................................         0.0          0.0
20............................................         0.0          0.0
21............................................         0.0          0.0
22............................................         0.0          0.0
23............................................         0.0          0.0
24............................................         0.0          0.0
25............................................        -1.78        44.40
26............................................         0.0         85.35
27............................................         4.25       100.00
28............................................        27.47       100.00
29............................................        42.96       100.00
30............................................        45.79       100.00
31............................................        48.11        99.46
32............................................        50.42        90.00
33............................................        52.74        75.23
34............................................        54.00        50.00
35............................................        44.42         8.96
36............................................        45.05       -10.00
37............................................        46.00         9.99
38............................................        37.69       -10.00
39............................................        31.61         5.68
40............................................        22.94        35.29
41............................................        24.00         4.87
42............................................        20.86       -10.00
43............................................        12.45       -10.00
44............................................         6.00       -10.00
45............................................         6.52       -10.00
46............................................         7.17       -10.00
47............................................         2.56       -10.00
48............................................         0.0          0.0
49............................................         0.0          0.0
50............................................         0.0          0.0
51............................................         0.0         10.11
52............................................         4.32        46.40
53............................................         8.90        45.17
54............................................         1.95        50.00

[[Page 585]]

 
55............................................         3.33        41.68
56............................................         4.00        89.46
57............................................        13.76        55.60
58............................................        26.43        26.96
59............................................        33.85         6.16
60............................................        36.00       -10.00
61............................................        34.45       -10.00
62............................................        34.00       -10.00
63............................................        35.64       -10.00
64............................................        32.99        27.39
65............................................        36.00        80.00
66............................................        41.63        74.37
67............................................        60.41        26.76
68............................................        48.44       -10.00
69............................................        43.86       -10.00
70............................................        40.39       -10.00
71............................................        38.50         4.01
72............................................        35.05        30.00
73............................................        40.66        16.70
74............................................        43.64        26.45
75............................................        45.96       -10.00
76............................................        47.10       -10.00
77............................................        49.29       -10.00
78............................................        37.10       -10.00
79............................................        36.00       -10.00
80............................................        34.47       -10.00
81............................................        32.15       -10.00
82............................................        31.67       -10.00
83............................................        28.48        13.89
84............................................        32.38        90.00
85............................................        36.00        90.00
86............................................        41.69        90.00
87............................................        45.74        90.00
88............................................        49.95        80.00
89............................................        49.10        80.00
90............................................        50.59        62.97
91............................................        45.99        34.98
92............................................        42.76         7.23
93............................................        35.12       -10.00
94............................................        32.06        67.92
95............................................        35.53        62.55
96............................................        46.57        68.60
97............................................        49.77        48.85
98............................................        52.00        60.00
99............................................        58.06        60.00
100...........................................        63.66        23.42
101...........................................        64.14        17.84
102...........................................        59.58         3.76
103...........................................        38.00        42.26
104...........................................        39.09        30.00
105...........................................        40.00        30.00
106...........................................        34.85        47.18
107...........................................        32.03        10.33
108...........................................        34.00        33.48
109...........................................        34.00        50.00
110...........................................        33.02        20.69
111...........................................        25.54       -10.00
112...........................................        15.57       -10.00
113...........................................        14.00       -10.00
114...........................................        14.47        27.64
115...........................................        18.00         4.49
116...........................................        17.13       -10.00
117...........................................        16.00       -10.00
118...........................................        10.02       -10.00
119...........................................         9.81       -10.00
120...........................................         5.88       -10.00
121...........................................         4.00       -10.00
122...........................................         4.00       -10.00
123...........................................         2.93       -10.00
124...........................................         0.62       -10.00
125...........................................         0.0          0.0
126...........................................         0.0          0.0
127...........................................         0.0          0.0
128...........................................         0.0          0.0
129...........................................         0.0          0.0
130...........................................         0.0         10.00
131...........................................         0.0         10.00
132...........................................         0.0         29.02
133...........................................         0.0         27.83
134...........................................         0.0          7.34
135...........................................         0.0          0.0
136...........................................         0.0          0.0
137...........................................         0.0          0.0
138...........................................         0.0          0.0
139...........................................         0.0          0.0
140...........................................         0.0          0.0
141...........................................         0.0          0.0
142...........................................         0.0          0.0
143...........................................         0.0          0.0
144...........................................         0.0          0.0
145...........................................         0.0          0.0
146...........................................         2.00         0.0
147...........................................         1.38         0.0
148...........................................         0.0          0.0
149...........................................         0.0          6.27
150...........................................         0.0          2.16
151...........................................         0.0          0.0
152...........................................         0.0          0.0
153...........................................         0.0          0.0
154...........................................         0.83       -10.00
155...........................................         2.00       -10.00
156...........................................         0.54       -10.00
157...........................................         0.0          0.0
158...........................................         0.0          0.0
159...........................................         0.0          0.0
160...........................................         0.0          0.0
161...........................................         0.0          0.0
162...........................................         0.0          0.0
163...........................................         0.0          0.0
164...........................................         0.0          0.0
165...........................................         0.0          0.0
166...........................................         0.0          0.0
167...........................................         0.0         22.01
168...........................................         1.23        72.29
169...........................................         6.63        80.00
170...........................................        17.29        89.29
171...........................................        22.17        90.00
172...........................................        24.00        82.70
173...........................................        24.00        31.96
174...........................................        24.00       -10.00
175...........................................        22.57       -10.00
176...........................................        22.00       -10.00
177...........................................        13.88       -10.00
178...........................................        10.00       -10.00
179...........................................         9.31       -10.00
180...........................................         3.99       -10.00
181...........................................         0.0          0.0
182...........................................         0.0          0.0
183...........................................         0.0          0.0
184...........................................         0.0          0.0
185...........................................         0.0          0.0
186...........................................         0.0          0.0
187...........................................         0.0          0.0
188...........................................         0.0          0.0
189...........................................         0.0          0.0
190...........................................         0.0          0.0
191...........................................         0.0          0.0
192...........................................         0.0          0.0
193...........................................         0.0          0.0
194...........................................         0.0          0.0
195...........................................         0.0          0.0
196...........................................         0.0          0.0

[[Page 586]]

 
197...........................................         0.0          0.0
198...........................................         0.0          0.0
199...........................................         0.0          0.0
200...........................................         0.0          0.0
201...........................................         0.0          0.0
202...........................................         0.0          0.0
203...........................................         0.0          0.0
204...........................................        -2.52         6.30
205...........................................        -4.22        15.28
206...........................................         0.0         10.00
207...........................................         0.0         10.00
208...........................................         0.0         10.00
209...........................................         0.0         75.93
210...........................................         0.0         32.22
211...........................................         1.67        35.00
212...........................................        15.48        29.82
213...........................................        25.46       -10.00
214...........................................        24.22       -10.00
215...........................................        23.44       -10.00
216...........................................        12.41        80.00
217...........................................         8.94        83.61
218...........................................         7.26        84.82
219...........................................        16.70        80.00
220...........................................        24.67        63.33
221...........................................         0.24        79.81
222...........................................         0.0          8.52
223...........................................         0.0          0.0
224...........................................         0.0          0.0
225...........................................         0.0          0.0
226...........................................         0.0          0.0
227...........................................         0.0          0.0
228...........................................         0.0          0.0
229...........................................         0.0          0.0
230...........................................         0.0          0.0
231...........................................         0.0          0.0
232...........................................         0.0          0.0
233...........................................         0.0         17.59
234...........................................         0.0         19.63
235...........................................         0.0         10.00
236...........................................         0.0         10.00
237...........................................         0.0         10.00
238...........................................         0.0          3.34
239...........................................         0.0          0.0
240...........................................         0.0          0.0
241...........................................         0.0          0.0
242...........................................         0.0          0.0
243...........................................         0.0          0.0
244...........................................         0.0          0.0
245...........................................         0.0          0.0
246...........................................         0.0          0.0
247...........................................         0.0          0.0
248...........................................         0.0          0.0
249...........................................         0.0          0.0
250...........................................         0.0          0.0
251...........................................         0.0          0.0
252...........................................         0.0          0.0
253...........................................         0.0          0.0
254...........................................         0.0          0.0
255...........................................         0.0          0.0
256...........................................         0.0          0.0
257...........................................         0.0          0.0
258...........................................         0.0          0.0
259...........................................         0.0          0.0
260...........................................         0.0          0.0
261...........................................         0.0          0.0
262...........................................         0.0          0.0
263...........................................         0.0          0.0
264...........................................         0.0          0.0
265...........................................         0.0          0.0
266...........................................         0.0          0.0
267...........................................         0.0          0.0
268...........................................         0.0          0.0
269...........................................         0.0          0.0
270...........................................         0.0          0.0
271...........................................         0.0          0.0
272...........................................         0.0          0.0
273...........................................         0.0          0.0
274...........................................         0.0          0.0
275...........................................         0.0          0.0
276...........................................         0.0          0.0
277...........................................         0.0          0.0
278...........................................         0.0          0.0
279...........................................         0.0          0.0
280...........................................         0.0          0.0
281...........................................         0.0          4.17
282...........................................         1.15        10.00
283...........................................         2.00        10.00
284...........................................         0.22        10.00
285...........................................         0.0          0.0
286...........................................         0.0          0.0
287...........................................         0.0          0.0
288...........................................         0.0          0.0
289...........................................         0.0          0.0
290...........................................         0.0          0.0
291...........................................         0.0          0.0
292...........................................         0.0          0.0
293...........................................         0.0          0.0
294...........................................         0.0          0.0
295...........................................         0.0          0.0
296...........................................         0.0          0.0
297...........................................         0.0          0.0
298...........................................         0.0          0.0
299...........................................         0.0          0.0
300...........................................         0.0          4.07
301...........................................         0.0         10.00
302...........................................         0.0         17.22
303...........................................         0.0         20.00
304...........................................         0.0         20.37
305...........................................         2.33        31.94
306...........................................        16.22        36.48
307...........................................        24.00        24.91
308...........................................        24.00        13.34
309...........................................        19.06        10.00
310...........................................        18.00       -10.00
311...........................................        17.17       -10.00
312...........................................         9.04       -10.00
313...........................................         1.09       -10.00
314...........................................         0.0          0.0
315...........................................         0.0          0.0
316...........................................         0.0          0.0
317...........................................         0.0          0.0
318...........................................         0.0          0.0
319...........................................         0.0          0.0
320...........................................         0.0          0.0
321...........................................         0.0          0.0
322...........................................         0.0          0.0
323...........................................         0.0          0.82
324...........................................         0.37        41.08
325...........................................         2.68        90.00
326...........................................         6.00        94.99
327...........................................        11.94       100.00
328...........................................        15.63       100.00
329...........................................        41.26        90.28
330...........................................        46.26        90.00
331...........................................        44.56        67.08
332...........................................        36.00         1.12
333...........................................        27.58        50.12
334...........................................        23.52        90.00
335...........................................        24.00        90.00
336...........................................        26.29        70.00
337...........................................        30.00        65.38
338...........................................        30.00        34.47

[[Page 587]]

 
339...........................................        30.00        10.00
340...........................................        30.00        10.00
341...........................................        30.00        10.00
342...........................................        30.18        60.00
343...........................................        40.00        58.25
344...........................................        40.67        50.00
345...........................................        41.02        50.00
346...........................................        40.00        50.00
347...........................................        41.61        50.00
348...........................................        42.00        50.00
349...........................................        46.00        50.00
350...........................................        48.22        50.00
351...........................................        59.21        58.69
352...........................................        67.18        70.00
353...........................................        71.00        70.00
354...........................................        72.00        70.00
355...........................................        72.13        68.08
356...........................................        74.89        28.94
357...........................................        68.91       -10.00
358...........................................        49.71       -10.00
359...........................................        41.84       -10.00
360...........................................        38.30       -10.00
361...........................................        35.93       -10.00
362...........................................        28.00       -10.00
363...........................................        23.48       -10.00
364...........................................        10.16       -10.00
365...........................................         4.72       -10.00
366...........................................         0.82         5.90
367...........................................        -9.53        19.53
368...........................................         2.20        45.60
369...........................................        20.53         7.33
370...........................................        21.15         0.0
371...........................................        17.67       -10.00
372...........................................        13.04       -10.00
373...........................................         8.41        79.70
374...........................................        10.33       100.00
375...........................................        17.27       100.00
376...........................................        22.00       100.00
377...........................................        25.16       100.00
378...........................................        29.37       100.00
379...........................................        36.73        66.35
380...........................................        40.00       -10.00
381...........................................        23.50       -10.00
382...........................................         9.37       -10.00
383...........................................         8.00       -10.00
384...........................................         6.74       -10.00
385...........................................         2.86       -10.00
386...........................................         0.11       -10.00
387...........................................         0.0          0.0
388...........................................         0.0          0.0
389...........................................         0.0          0.0
390...........................................         0.0          0.0
391...........................................         0.0          0.0
392...........................................         0.0          0.0
393...........................................         0.0          0.0
394...........................................         0.0          0.0
395...........................................         0.0          0.0
396...........................................         0.0          0.0
397...........................................         0.0          0.0
398...........................................         0.0          0.0
399...........................................         0.0          0.0
400...........................................         0.0          0.0
401...........................................         0.0          0.0
402...........................................         0.0          0.0
403...........................................         0.0          0.0
404...........................................         0.0          0.0
405...........................................         0.0          0.0
406...........................................         0.0          0.0
407...........................................         0.0          0.0
408...........................................         0.0          0.0
409...........................................         0.0          0.0
410...........................................         0.0          0.0
411...........................................         0.0          0.0
412...........................................         0.0          0.0
413...........................................         0.0          0.0
414...........................................         0.0          0.0
415...........................................         0.0          0.0
416...........................................         0.0          0.0
417...........................................         0.0          0.0
418...........................................         0.0          0.0
419...........................................         2.27        20.00
420...........................................         2.82        14.11
421...........................................         0.0          0.0
422...........................................         0.0          0.0
423...........................................         0.0          0.0
424...........................................         0.0          0.0
425...........................................         0.0          0.0
426...........................................         0.0          0.0
427...........................................         0.0          0.0
428...........................................         0.0          0.0
429...........................................         0.0          0.0
430...........................................         0.0          0.0
431...........................................         0.26         0.78
432...........................................        16.60        31.83
433...........................................        45.32        29.78
434...........................................        43.00        10.00
435...........................................        40.69        10.00
436...........................................        35.12        10.00
437...........................................        28.18        19.70
438...........................................        28.26        47.45
439...........................................        30.00        30.00
440...........................................        30.00        30.00
441...........................................        30.00        30.00
442...........................................        34.54        30.00
443...........................................        36.00        30.00
444...........................................        36.43        30.00
445...........................................        43.84        30.00
446...........................................        50.00        30.00
447...........................................        50.00        24.56
448...........................................        50.00        20.00
449...........................................        50.00       -10.00
450...........................................        37.97       -10.00
451...........................................        35.30       -10.00
452...........................................        30.68       -10.00
453...........................................        27.02       -10.00
454...........................................        26.00       -10.00
455...........................................        26.00       -10.00
456...........................................        20.24       -10.00
457...........................................        14.00       -10.00
458...........................................        13.45        18.27
459...........................................         9.40        52.99
460...........................................        10.72        81.81
461...........................................        15.50        97.48
462...........................................        19.62       100.00
463...........................................        20.25       100.00
464...........................................        25.76       100.00
465...........................................        35.02       100.00
466...........................................        42.14        94.65
467...........................................        44.00        90.00
468...........................................        45.70        90.00
469...........................................        51.99        60.00
470...........................................        50.00        60.00
471...........................................        51.29        63.22
472...........................................        54.96        70.00
473...........................................        56.00        70.00
474...........................................        62.35        38.25
475...........................................        71.61        30.00
476...........................................        76.22        50.00
477...........................................        78.00        50.00
478...........................................        78.00        41.53
479...........................................        55.93        12.58
480...........................................        38.52         0.0

[[Page 588]]

 
481...........................................        34.42        71.65
482...........................................        36.11        79.47
483...........................................        38.84        67.90
484...........................................        42.74        60.00
485...........................................        44.00        54.75
486...........................................        49.46        36.35
487...........................................        52.00        30.00
488...........................................        32.05       -10.00
489...........................................        25.69         0.0
490...........................................        24.00         0.0
491...........................................        24.00       -10.00
492...........................................        20.24       -10.00
493...........................................        10.16        68.43
494...........................................         8.00        80.58
495...........................................        10.20        80.99
496...........................................        13.54        90.00
497...........................................        18.00        94.13
498...........................................        20.28       100.00
499...........................................        22.00       100.00
500...........................................        23.77        91.15
501...........................................        28.08        90.00
502...........................................        30.00        86.01
503...........................................        32.85        80.70
504...........................................        32.86       100.00
505...........................................        33.37       100.00
506...........................................        36.00       100.00
507...........................................        51.77       100.00
508...........................................        60.57        95.72
509...........................................        64.00        70.00
510...........................................        64.91        70.00
511...........................................        75.83        70.00
512...........................................        82.00        70.00
513...........................................        85.72        51.42
514...........................................        86.17        49.14
515...........................................        88.49        35.13
516...........................................        90.00        15.99
517...........................................        91.12        26.74
518...........................................        92.00        32.85
519...........................................        93.74        30.00
520...........................................        89.29       -10.00
521...........................................        66.00        41.87
522...........................................        67.38        56.88
523...........................................        80.02        54.96
524...........................................        93.95        66.34
525...........................................        97.63        63.69
526...........................................        94.11        60.00
527...........................................        85.66       -10.00
528...........................................        70.00       -10.00
529...........................................        69.11       -10.00
530...........................................        66.80       -10.00
531...........................................        64.48       -10.00
532...........................................        53.00        44.98
533...........................................        52.73        49.27
534...........................................        62.00        40.00
535...........................................        62.00        43.88
536...........................................        64.18        44.55
537...........................................        53.36         4.88
538...........................................        46.28        15.79
539...........................................        46.00        19.83
540...........................................        45.65        10.00
541...........................................        45.99        10.00
542...........................................        48.05        10.00
543...........................................        44.71         3.54
544...........................................        48.82       -10.00
545...........................................        51.92        66.82
546...........................................        47.53       -10.00
547...........................................        36.31         9.23
548...........................................        17.73        55.68
549...........................................        29.43        38.22
550...........................................        36.00        37.46
551...........................................        36.00        40.00
552...........................................        34.00        40.00
553...........................................        34.00        40.00
554...........................................        34.00        36.25
555...........................................        38.26        24.68
556...........................................        43.38        61.38
557...........................................        50.78        46.12
558...........................................        52.00        19.92
559...........................................        52.32         0.0
560...........................................        52.09         3.19
561...........................................        48.00        10.00
562...........................................        48.00        10.00
563...........................................        48.00        10.00
564...........................................        30.94        19.48
565...........................................        28.00        20.00
566...........................................        28.00        20.00
567...........................................        28.00        15.81
568...........................................        28.00        10.00
569...........................................        26.53        10.00
570...........................................        26.00        10.00
571...........................................        23.71       -10.00
572...........................................        17.59       -10.00
573...........................................        11.65       -10.00
574...........................................         1.92       -10.00
575...........................................         0.0          0.0
576...........................................         0.0          0.0
577...........................................         0.0          0.0
578...........................................         0.0          0.0
579...........................................         0.0          0.0
580...........................................         0.0          0.0
581...........................................         0.0          0.0
582...........................................         0.0          0.0
583...........................................         1.26        25.19
584...........................................         6.72        47.87
585...........................................        13.67        40.56
586...........................................        16.20        80.00
587...........................................        18.52        80.00
588...........................................        25.83        75.83
589...........................................        35.15        70.00
590...........................................        38.93        77.31
591...........................................        41.78        80.00
592...........................................        40.00        10.00
593...........................................        40.00        20.18
594...........................................        40.00        52.78
595...........................................        40.00        34.82
596...........................................        40.00        30.00
597...........................................        40.00        38.33
598...........................................        40.00        30.09
599...........................................        38.30       100.00
600...........................................        40.61       100.00
601...........................................        42.00       100.00
602...........................................        42.00       100.00
603...........................................        42.00       100.00
604...........................................        42.00       100.00
605...........................................        42.00       100.00
606...........................................        42.50        97.50
607...........................................        43.19        85.93
608...........................................        43.13        85.65
609...........................................        44.00        90.00
610...........................................        44.00        90.00
611...........................................        44.00        80.00
612...........................................        44.00        80.00
613...........................................        44.70        80.00
614...........................................        46.00        74.91
615...........................................        46.00        63.34
616...........................................        46.00        60.00
617...........................................        46.00        60.00
618...........................................        44.00        10.00
619...........................................        44.00        10.00
620...........................................        43.09        10.00
621...........................................        42.00        10.00
622...........................................        42.00        10.00

[[Page 589]]

 
623...........................................        43.85        19.26
624...........................................        50.00        90.00
625...........................................        50.00        90.00
626...........................................        50.00        90.00
627...........................................        50.00        90.00
628...........................................        50.00        90.00
629...........................................        48.26        90.00
630...........................................        48.00        89.73
631...........................................        48.37        80.00
632...........................................        49.32        80.00
633...........................................        48.00        80.00
634...........................................        48.00        80.00
635...........................................        48.00        80.00
636...........................................        48.00        70.28
637...........................................        48.00        70.00
638...........................................        48.00        70.00
639...........................................        48.00        74.44
640...........................................        48.00        61.96
641...........................................        49.52        50.00
642...........................................        50.00        50.00
643...........................................        50.00        40.00
644...........................................        50.00        44.62
645...........................................        50.78        60.00
646...........................................        52.00        49.09
647...........................................        52.00        40.00
648...........................................        52.00        40.00
649...........................................        52.04        40.89
650...........................................        54.00        90.00
651...........................................        54.00        90.00
652...........................................        54.00        85.10
653...........................................        55.29        73.53
654...........................................        56.00        70.00
655...........................................        56.00        70.00
656...........................................        56.00        60.00
657...........................................        56.00        57.23
658...........................................        56.00        50.00
659...........................................        56.00        38.17
660...........................................        56.00        30.00
661...........................................        56.00        30.00
662...........................................        54.00        39.36
663...........................................        54.00        27.79
664...........................................        54.00        20.00
665...........................................        54.00        20.00
666...........................................        54.00        20.00
667...........................................        54.00        11.49
668...........................................        54.00         0.08
669...........................................        54.00        13.31
670...........................................        54.00        30.00
671...........................................        54.96        30.00
672...........................................        57.28        30.00
673...........................................        56.41        30.00
674...........................................        57.91        30.00
675...........................................        58.22        36.60
676...........................................        60.00        90.00
677...........................................        60.00        90.00
678...........................................        60.00        95.82
679...........................................        60.00        92.60
680...........................................        60.00        90.00
681...........................................        60.00        90.00
682...........................................        60.42        90.00
683...........................................        62.74        90.00
684...........................................        65.05        90.00
685...........................................        66.00        83.16
686...........................................        66.00        71.59
687...........................................        66.00        70.00
688...........................................        66.00        70.00
689...........................................        66.00        73.14
690...........................................        66.00        80.00
691...........................................        66.00        86.28
692...........................................        66.00        90.00
693...........................................        66.00        90.00
694...........................................        68.20       100.00
695...........................................        70.00       100.00
696...........................................        70.00       100.00
697...........................................        70.00       100.00
698...........................................        74.38       100.00
699...........................................        76.00       100.00
700...........................................        72.09       100.00
701...........................................        73.60       100.00
702...........................................        72.00       100.00
703...........................................        72.00       100.00
704...........................................        72.00       100.00
705...........................................        72.00       100.00
706...........................................        72.00       100.00
707...........................................        72.29       100.00
708...........................................        73.39       100.00
709...........................................        72.92       100.00
710...........................................        74.00       100.00
711...........................................        74.00       100.00
712...........................................        77.73       100.00
713...........................................        78.00       100.00
714...........................................        77.50       100.00
715...........................................        76.00       100.00
716...........................................        76.00       100.00
717...........................................        76.00       100.00
718...........................................        72.49       100.00
719...........................................        71.79       100.00
720...........................................        67.16       100.00
721...........................................        72.70       100.00
722...........................................        75.02       100.00
723...........................................        73.34       100.00
724...........................................        73.64        91.78
725...........................................        74.00        31.21
726...........................................        78.27        28.63
727...........................................        80.00        17.05
728...........................................        80.00         5.48
729...........................................        80.00       -10.00
730...........................................        80.00       -10.00
731...........................................        80.00        63.93
732...........................................        84.00        80.00
733...........................................        85.43        82.39
734...........................................        87.62        93.96
735...........................................        84.00       100.00
736...........................................        84.00       100.00
737...........................................        84.00        91.32
738...........................................        86.00       100.00
739...........................................        86.73       100.00
740...........................................        90.00        96.59
741...........................................        91.99        90.00
742...........................................        94.00        90.00
743...........................................        95.63        81.87
744...........................................        96.00        89.70
745...........................................       100.00        98.72
746...........................................       100.57        78.60
747...........................................       102.88        50.00
748...........................................       104.00        73.99
749...........................................       104.00        90.00
750...........................................       104.00        25.98
751...........................................       103.71        20.00
752...........................................        99.54        20.00
753...........................................        98.00        20.00
754...........................................        99.09        25.44
755...........................................        98.60        65.08
756...........................................       103.15        80.00
757...........................................       100.03        80.00
758...........................................       102.35        80.00
759...........................................       104.00        73.38
760...........................................       104.00        55.11
761...........................................       101.42        30.62
762...........................................        98.39        11.97
763...........................................        57.65       -10.00
764...........................................        58.00       -10.00

[[Page 590]]

 
765...........................................        57.45       -10.00
766...........................................        56.00       -10.00
767...........................................        56.00       -10.00
768...........................................        56.00        27.39
769...........................................        56.00        40.00
770...........................................        56.00        50.00
771...........................................        56.00        45.60
772...........................................        56.00        33.77
773...........................................        56.00        40.00
774...........................................        60.15         5.40
775...........................................        62.00       -10.00
776...........................................        62.00       -10.00
777...........................................        62.00        41.64
778...........................................        62.00        59.65
779...........................................        62.00        75.21
780...........................................        62.00        76.36
781...........................................        62.00        80.00
782...........................................        62.00        80.00
783...........................................        62.00        80.00
784...........................................        62.00        80.00
785...........................................        61.15        80.00
786...........................................        60.00        80.00
787...........................................        60.00        87.38
788...........................................        60.00        90.00
789...........................................        60.00        90.00
790...........................................        60.00        90.00
791...........................................        60.00        90.00
792...........................................        60.00        90.00
793...........................................        60.00        83.17
794...........................................        60.00        80.00
795...........................................        60.00        89.97
796...........................................        62.31        90.00
797...........................................        64.00        86.88
798...........................................        64.00        80.00
799...........................................        64.00        80.00
800...........................................        64.00        80.00
801...........................................        64.00        80.00
802...........................................        66.00        70.00
803...........................................        66.51        70.00
804...........................................        68.00        65.87
805...........................................        68.00        60.00
806...........................................        68.00        60.00
807...........................................        73.31        86.55
808...........................................        74.00        90.00
809...........................................        74.00        90.00
810...........................................        73.29        90.00
811...........................................        72.00        84.86
812...........................................        73.34        73.29
813...........................................        74.00        70.00
814...........................................        72.03        70.00
815...........................................        71.71        50.00
816...........................................        70.00        50.00
817...........................................        70.00        50.00
818...........................................        68.77        56.15
819...........................................        68.00        60.00
820...........................................        68.00        60.00
821...........................................        68.00        58.28
822...........................................        68.00        40.00
823...........................................        68.00        48.01
824...........................................        68.00        60.00
825...........................................        68.00        60.00
826...........................................        68.00        60.00
827...........................................        68.00        60.00
828...........................................        68.00        61.87
829...........................................        68.00        70.00
830...........................................        69.00        70.00
831...........................................        70.00        70.00
832...........................................        70.00        70.00
833...........................................        70.00        70.00
834...........................................        70.00        70.00
835...........................................        70.00        70.00
836...........................................        70.00        70.00
837...........................................        73.61        70.00
838...........................................        76.00        62.41
839...........................................        76.00        60.00
840...........................................        76.00       100.00
841...........................................        76.92       100.00
842...........................................        80.78       100.00
843...........................................        82.00       100.00
844...........................................        83.40       100.00
845...........................................        84.00       100.00
846...........................................        83.97        90.00
847...........................................        82.35        90.00
848...........................................        85.33        93.31
849...........................................        89.95       100.00
850...........................................        88.13       100.00
851...........................................        89.21       100.00
852...........................................        95.76       100.00
853...........................................       100.23       100.00
854...........................................       102.00       100.00
855...........................................       104.59       100.00
856...........................................       112.71       100.00
857...........................................       113.01       100.00
858...........................................       112.00       100.00
859...........................................       104.00       -10.00
860...........................................       103.56       -10.00
861...........................................       102.75       -10.00
862...........................................       102.94       -10.00
863...........................................        99.24       -10.00
864...........................................        94.61       -10.00
865...........................................        93.99       -10.00
866...........................................        92.32       -10.00
867...........................................        93.36       -10.00
868...........................................        92.00       -10.00
869...........................................        90.73       -10.00
870...........................................        88.42       -10.00
871...........................................        84.21       -10.00
872...........................................        82.00        10.00
873...........................................        82.00         7.38
874...........................................        82.00       -10.00
875...........................................        82.00       -10.00
876...........................................        68.79        48.69
877...........................................        64.00        70.00
878...........................................        64.00        70.00
879...........................................        58.66        67.95
880...........................................        37.27        60.00
881...........................................        34.96        60.00
882...........................................        32.65        73.54
883...........................................        30.33        80.00
884...........................................        28.02        80.00
885...........................................        25.70        50.00
886...........................................        23.39        37.76
887...........................................        21.07        10.00
888...........................................        18.76        10.00
889...........................................        14.89       -10.00
890...........................................        12.13       -10.00
891...........................................         5.45       -10.00
892...........................................         0.0          0.0
893...........................................         0.0          0.0
894...........................................         0.0          0.0
895...........................................         0.0          0.0
896...........................................         0.0          0.0
897...........................................         0.0          0.0
898...........................................         0.0          0.0
899...........................................         0.0          0.0
900...........................................         0.0          0.0
901...........................................         0.0          0.0
902...........................................         0.0          0.0
903...........................................         0.0          0.0
904...........................................         0.0          0.0
905...........................................         0.0          0.0
906...........................................         0.0          0.0

[[Page 591]]

 
907...........................................         0.0          0.0
908...........................................         0.0          0.0
909...........................................         0.0          0.0
910...........................................         0.0          0.0
911...........................................         0.0          0.0
912...........................................         0.0          0.0
913...........................................         0.0          0.0
914...........................................         0.0          0.0
915...........................................         0.0          0.0
916...........................................         0.0          0.0
917...........................................         0.0          0.0
918...........................................         0.0          0.0
919...........................................         0.0          0.0
920...........................................        -1.78        44.40
921...........................................         0.0         85.35
922...........................................         4.25       100.00
923...........................................        27.47       100.00
924...........................................        42.96       100.00
925...........................................        45.79       100.00
926...........................................        48.11        99.46
927...........................................        50.42        90.00
928...........................................        52.74        75.23
929...........................................        54.00        50.00
930...........................................        44.42         8.96
931...........................................        45.05       -10.00
932...........................................        46.00         9.99
933...........................................        37.69       -10.00
934...........................................        31.61         5.68
935...........................................        22.94        35.29
936...........................................        24.00         4.87
937...........................................        20.86       -10.00
938...........................................        12.45       -10.00
939...........................................         6.00       -10.00
940...........................................         6.52       -10.00
941...........................................         7.17       -10.00
942...........................................         2.56       -10.00
943...........................................         0.0          0.0
944...........................................         0.0          0.0
945...........................................         0.0          0.0
946...........................................         0.0         10.11
947...........................................         4.32        46.40
948...........................................         8.90        45.17
949...........................................         1.95        50.00
950...........................................         3.33        41.68
951...........................................         4.00        89.46
952...........................................        13.76        55.60
953...........................................        26.43        26.96
954...........................................        33.85         6.16
955...........................................        36.00       -10.00
956...........................................        34.45       -10.00
957...........................................        34.00       -10.00
958...........................................        35.64       -10.00
959...........................................        32.99        27.39
960...........................................        36.00        80.00
961...........................................        41.63        74.37
962...........................................        60.41        26.76
963...........................................        48.44       -10.00
964...........................................        43.86       -10.00
965...........................................        40.39       -10.00
966...........................................        38.50         4.01
967...........................................        35.05        30.00
968...........................................        40.66        16.70
969...........................................        43.64        26.45
970...........................................        45.96       -10.00
971...........................................        47.10       -10.00
972...........................................        49.29       -10.00
973...........................................        37.10       -10.00
974...........................................        36.00       -10.00
975...........................................        34.47       -10.00
976...........................................        32.15       -10.00
977...........................................        31.67       -10.00
978...........................................        28.48        13.89
979...........................................        32.38        90.00
980...........................................        36.00        90.00
981...........................................        41.69        90.00
982...........................................        45.74        90.00
983...........................................        49.95        80.00
984...........................................        49.10        80.00
985...........................................        50.59        62.97
986...........................................        45.99        34.98
987...........................................        42.76         7.23
988...........................................        35.12       -10.00
989...........................................        32.06        67.92
990...........................................        35.53        62.55
991...........................................        46.57        68.60
992...........................................        49.77        48.85
993...........................................        52.00        60.00
994...........................................        58.06        60.00
995...........................................        63.66        23.42
996...........................................        64.14        17.84
997...........................................        59.58         3.76
998...........................................        38.00        42.26
999...........................................        39.09        30.00
1,000.........................................        40.00        30.00
1,001.........................................        34.85        47.18
1,002.........................................        32.03        10.33
1,003.........................................        34.00        33.48
1,004.........................................        34.00        50.00
1,005.........................................        33.02        20.69
1,006.........................................        25.54       -10.00
1,007.........................................        15.57       -10.00
1,008.........................................        14.00       -10.00
1,009.........................................        14.47        27.64
1,010.........................................        18.00         4.49
1,011.........................................        17.13       -10.00
1,012.........................................        16.00       -10.00
1,013.........................................        10.02       -10.00
1,014.........................................         9.81       -10.00
1,015.........................................         5.88       -10.00
1,016.........................................         4.00       -10.00
1,017.........................................         4.00       -10.00
1,018.........................................         2.93       -10.00
1,019.........................................         0.62       -10.00
1,020.........................................         0.0          0.0
1,021.........................................         0.0          0.0
1,022.........................................         0.0          0.0
1,023.........................................         0.0          0.0
1,024.........................................         0.0          0.0
1,025.........................................         0.0         10.00
1,026.........................................         0.0         10.00
1,027.........................................         0.0         29.02
1,028.........................................         0.0         27.83
1,029.........................................         0.0          7.34
1,030.........................................         0.0          0.0
1,031.........................................         0.0          0.0
1,032.........................................         0.0          0.0
1,033.........................................         0.0          0.0
1,034.........................................         0.0          0.0
1,035.........................................         0.0          0.0
1,036.........................................         0.0          0.0
1,037.........................................         0.0          0.0
1,038.........................................         0.0          0.0
1,039.........................................         0.0          0.0
1,040.........................................         0.0          0.0
1,041.........................................         2.00         0.0
1,042.........................................         1.38         0.0
1,043.........................................         0.0          0.0
1,044.........................................         0.0          6.27
1,045.........................................         0.0          2.16
1,046.........................................         0.0          0.0
1,047.........................................         0.0          0.0
1,048.........................................         0.0          0.0

[[Page 592]]

 
1,049.........................................         0.83       -10.00
1,050.........................................         2.00       -10.00
1,051.........................................         0.54       -10.00
1,052.........................................         0.0          0.0
1,053.........................................         0.0          0.0
1,054.........................................         0.0          0.0
1,055.........................................         0.0          0.0
1,056.........................................         0.0          0.0
1,057.........................................         0.0          0.0
1,058.........................................         0.0          0.0
1,059.........................................         0.0          0.0
1,060.........................................         0.0          0.0
1,061.........................................         0.0          0.0
1,062.........................................         0.0         22.01
1,063.........................................         1.23        72.29
1,064.........................................         6.63        80.00
1,065.........................................        17.29        89.29
1,066.........................................        22.17        90.00
1,067.........................................        24.00        82.70
1,068.........................................        24.00        31.96
1,069.........................................        24.00       -10.00
1,070.........................................        22.57       -10.00
1,071.........................................        22.00       -10.00
1,072.........................................        13.88       -10.00
1,073.........................................        10.00       -10.00
1,074.........................................         9.31       -10.00
1,075.........................................         3.99       -10.00
1,076.........................................         0.0          0.0
1,077.........................................         0.0          0.0
1,078.........................................         0.0          0.0
1,079.........................................         0.0          0.0
1,080.........................................         0.0          0.0
1,081.........................................         0.0          0.0
1,082.........................................         0.0          0.0
1,083.........................................         0.0          0.0
1,084.........................................         0.0          0.0
1,085.........................................         0.0          0.0
1,086.........................................         0.0          0.0
1,087.........................................         0.0          0.0
1,088.........................................         0.0          0.0
1,089.........................................         0.0          0.0
1,090.........................................         0.0          0.0
1,091.........................................         0.0          0.0
1,092.........................................         0.0          0.0
1,093.........................................         0.0          0.0
1,094.........................................         0.0          0.0
1,095.........................................         0.0          0.0
1,096.........................................         0.0          0.0
1,097.........................................         0.0          0.0
1,098.........................................         0.0          0.0
1,099.........................................        -2.52         6.30
1,100.........................................        -4.22        15.28
1,101.........................................         0.0         10.00
1,102.........................................         0.0         10.00
1,103.........................................         0.0         10.00
1,104.........................................         0.0         75.93
1,105.........................................         0.0         32.22
1,106.........................................         1.67        35.00
1,107.........................................        15.48        29.82
1,108.........................................        25.46       -10.00
1,109.........................................        24.22       -10.00
1,110.........................................        23.44       -10.00
1,111.........................................        12.41        80.00
1,112.........................................         8.94        83.61
1,113.........................................         7.26        84.82
1,114.........................................        16.70        80.00
1,115.........................................        24.67        63.33
1,116.........................................         0.24        79.81
1,117.........................................         0.0          8.52
1,118.........................................         0.0          0.0
1,119.........................................         0.0          0.0
1,120.........................................         0.0          0.0
1,121.........................................         0.0          0.0
1,122.........................................         0.0          0.0
1,123.........................................         0.0          0.0
1,124.........................................         0.0          0.0
1,125.........................................         0.0          0.0
1,126.........................................         0.0          0.0
1,127.........................................         0.0          0.0
1,128.........................................         0.0         17.59
1,129.........................................         0.0         19.63
1,130.........................................         0.0         10.00
1,131.........................................         0.0         10.00
1,132.........................................         0.0         10.00
1,133.........................................         0.0          3.34
1,134.........................................         0.0          0.0
1,135.........................................         0.0          0.0
1,136.........................................         0.0          0.0
1,137.........................................         0.0          0.0
1,138.........................................         0.0          0.0
1,139.........................................         0.0          0.0
1,140.........................................         0.0          0.0
1,141.........................................         0.0          0.0
1,142.........................................         0.0          0.0
1,143.........................................         0.0          0.0
1,144.........................................         0.0          0.0
1,145.........................................         0.0          0.0
1,146.........................................         0.0          0.0
1,147.........................................         0.0          0.0
1,148.........................................         0.0          0.0
1,149.........................................         0.0          0.0
1,150.........................................         0.0          0.0
1,151.........................................         0.0          0.0
1,152.........................................         0.0          0.0
1,153.........................................         0.0          0.0
1,154.........................................         0.0          0.0
1,155.........................................         0.0          0.0
1,156.........................................         0.0          0.0
1,157.........................................         0.0          0.0
1,158.........................................         0.0          0.0
1,159.........................................         0.0          0.0
1,160.........................................         0.0          0.0
1,161.........................................         0.0          0.0
1,162.........................................         0.0          0.0
1,163.........................................         0.0          0.0
1,164.........................................         0.0          0.0
1,165.........................................         0.0          0.0
1,166.........................................         0.0          0.0
1,167.........................................         0.0          0.0
------------------------------------------------------------------------

    (g) EPA US06 Driving Schedule for Light-Duty Vehicles and Light-Duty 
Trucks.

                        EPA US06 Driving Schedule
                      [Speed versus Time Sequence]
------------------------------------------------------------------------
                                                                  Speed
                           Time (sec)                             (mph)
------------------------------------------------------------------------
0..............................................................      0.0
1..............................................................      0.0
2..............................................................      0.0
3..............................................................      0.0
4..............................................................      0.0
5..............................................................      0.0
6..............................................................      0.2
7..............................................................      0.7
8..............................................................      1.1
9..............................................................      1.7
10.............................................................      6.0
11.............................................................     13.9

[[Page 593]]

 
12.............................................................     20.5
13.............................................................     25.7
14.............................................................     25.0
15.............................................................     28.4
16.............................................................     32.3
17.............................................................     34.6
18.............................................................     36.5
19.............................................................     38.4
20.............................................................     39.9
21.............................................................     42.2
22.............................................................     43.8
23.............................................................     44.2
24.............................................................     43.4
25.............................................................     42.6
26.............................................................     40.3
27.............................................................     39.2
28.............................................................     38.4
29.............................................................     38.4
30.............................................................     39.2
31.............................................................     38.8
32.............................................................     38.8
33.............................................................     36.5
34.............................................................     32.3
35.............................................................     27.6
36.............................................................     22.3
37.............................................................     17.3
38.............................................................     11.5
39.............................................................      5.8
40.............................................................      1.2
41.............................................................      0.0
42.............................................................      0.0
43.............................................................      0.0
44.............................................................      0.0
45.............................................................      0.0
46.............................................................      0.0
47.............................................................      0.0
48.............................................................      0.0
49.............................................................      0.8
50.............................................................      9.2
51.............................................................     14.9
52.............................................................     18.2
53.............................................................     22.2
54.............................................................     27.2
55.............................................................     31.4
56.............................................................     33.8
57.............................................................     37.2
58.............................................................     40.8
59.............................................................     44.0
60.............................................................     46.3
61.............................................................     47.6
62.............................................................     49.5
63.............................................................     51.2
64.............................................................     53.0
65.............................................................     54.4
66.............................................................     55.6
67.............................................................     56.4
68.............................................................     56.1
69.............................................................     56.2
70.............................................................     55.8
71.............................................................     55.1
72.............................................................     54.4
73.............................................................     54.2
74.............................................................     54.4
75.............................................................     54.2
76.............................................................     53.5
77.............................................................     52.3
78.............................................................     52.0
79.............................................................     51.9
80.............................................................     51.8
81.............................................................     51.9
82.............................................................     52.0
83.............................................................     52.5
84.............................................................     53.4
85.............................................................     54.9
86.............................................................     56.8
87.............................................................     58.8
88.............................................................     60.6
89.............................................................     62.3
90.............................................................     64.2
91.............................................................     66.2
92.............................................................     67.8
93.............................................................     69.4
94.............................................................     70.4
95.............................................................     70.6
96.............................................................     70.7
97.............................................................     70.3
98.............................................................     68.2
99.............................................................     66.5
100............................................................     64.9
101............................................................     63.7
102............................................................     62.5
103............................................................     61.0
104............................................................     59.3
105............................................................     57.7
106............................................................     56.0
107............................................................     54.5
108............................................................     52.8
109............................................................     51.2
110............................................................     49.5
111............................................................     48.0
112............................................................     46.3
113............................................................     44.0
114............................................................     41.1
115............................................................     38.8
116............................................................     37.7
117............................................................     36.6
118............................................................     35.3
119............................................................     30.0
120............................................................     24.4
121............................................................     19.8
122............................................................     15.5
123............................................................     10.8
124............................................................      6.3
125............................................................      3.2
126............................................................      2.1
127............................................................      1.2
128............................................................      0.0
129............................................................      0.0
130............................................................      0.0
131............................................................      0.0
132............................................................      0.0
133............................................................      0.0
134............................................................      0.0
135............................................................      0.0
136............................................................      2.7
137............................................................      9.2
138............................................................     16.1
139............................................................     22.7
140............................................................     29.2
141............................................................     34.2
142............................................................     38.8
143............................................................     43.0
144............................................................     45.3
145............................................................     46.8
146............................................................     48.0
147............................................................     49.5
148............................................................     50.3
149............................................................     51.5
150............................................................     52.2
151............................................................     52.6

[[Page 594]]

 
152............................................................     53.0
153............................................................     53.8
154............................................................     53.8
155............................................................     53.8
156............................................................     54.6
157............................................................     56.3
158............................................................     56.9
159............................................................     58.1
160............................................................     58.4
161............................................................     59.6
162............................................................     59.9
163............................................................     60.2
164............................................................     60.5
165............................................................     59.7
166............................................................     58.3
167............................................................     58.1
168............................................................     57.8
169............................................................     57.3
170............................................................     57.5
171............................................................     56.6
172............................................................     57.0
173............................................................     56.6
174............................................................     56.5
175............................................................     56.2
176............................................................     56.4
177............................................................     56.6
178............................................................     56.4
179............................................................     56.1
180............................................................     56.0
181............................................................     55.9
182............................................................     54.8
183............................................................     54.2
184............................................................     54.6
185............................................................     52.2
186............................................................     54.7
187............................................................     55.7
188............................................................     57.0
189............................................................     58.0
190............................................................     58.1
191............................................................     59.4
192............................................................     59.9
193............................................................     61.0
194............................................................     61.4
195............................................................     61.9
196............................................................     62.5
197............................................................     62.5
198............................................................     62.7
199............................................................     62.2
200............................................................     62.5
201............................................................     63.1
202............................................................     62.7
203............................................................     62.8
204............................................................     63.0
205............................................................     64.1
206............................................................     63.9
207............................................................     64.1
208............................................................     64.3
209............................................................     64.5
210............................................................     64.9
211............................................................     65.3
212............................................................     66.0
213............................................................     66.0
214............................................................     66.4
215............................................................     64.1
216............................................................     63.6
217............................................................     63.9
218............................................................     64.1
219............................................................     63.7
220............................................................     64.3
221............................................................     64.2
222............................................................     63.9
223............................................................     64.2
224............................................................     63.4
225............................................................     64.0
226............................................................     63.9
227............................................................     64.0
228............................................................     63.8
229............................................................     64.0
230............................................................     63.3
231............................................................     63.4
232............................................................     63.9
233............................................................     64.0
234............................................................     64.3
235............................................................     64.8
236............................................................     65.1
237............................................................     64.0
238............................................................     64.2
239............................................................     63.1
240............................................................     63.7
241............................................................     63.1
242............................................................     63.7
243............................................................     63.5
244............................................................     63.0
245............................................................     63.1
246............................................................     63.0
247............................................................     63.3
248............................................................     63.4
249............................................................     63.3
250............................................................     62.5
251............................................................     62.5
252............................................................     62.9
253............................................................     62.8
254............................................................     62.2
255............................................................     62.4
256............................................................     62.3
257............................................................     62.3
258............................................................     62.4
259............................................................     62.1
260............................................................     62.5
261............................................................     62.8
262............................................................     62.3
263............................................................     62.3
264............................................................     62.4
265............................................................     61.9
266............................................................     62.8
267............................................................     62.8
268............................................................     62.3
269............................................................     62.8
270............................................................     62.4
271............................................................     62.1
272............................................................     61.9
273............................................................     61.8
274............................................................     62.1
275............................................................     62.1
276............................................................     62.1
277............................................................     62.0
278............................................................     62.4
279............................................................     62.2
280............................................................     62.2
281............................................................     62.4
282............................................................     62.7
283............................................................     62.6
284............................................................     63.7
285............................................................     64.3
286............................................................     64.8
287............................................................     65.1
288............................................................     65.9
289............................................................     66.1
290............................................................     67.0
291............................................................     67.2

[[Page 595]]

 
292............................................................     67.5
293............................................................     68.3
294............................................................     68.3
295............................................................     68.8
296............................................................     69.1
297............................................................     69.4
298............................................................     71.7
299............................................................     72.1
300............................................................     74.9
301............................................................     72.6
302............................................................     72.2
303............................................................     72.2
304............................................................     72.0
305............................................................     72.5
306............................................................     72.8
307............................................................     72.7
308............................................................     71.8
309............................................................     71.4
310............................................................     71.1
311............................................................     71.1
312............................................................     70.9
313............................................................     71.0
314............................................................     71.0
315............................................................     71.2
316............................................................     72.1
317............................................................     72.6
318............................................................     73.6
319............................................................     74.8
320............................................................     75.7
321............................................................     77.3
322............................................................     78.4
323............................................................     79.3
324............................................................     78.2
325............................................................     76.0
326............................................................     75.6
327............................................................     76.4
328............................................................     77.6
329............................................................     78.0
330............................................................     79.1
331............................................................     79.5
332............................................................     79.9
333............................................................     79.9
334............................................................     80.3
335............................................................     80.3
336............................................................     79.5
337............................................................     79.5
338............................................................     79.1
339............................................................     78.7
340............................................................     77.6
341............................................................     76.5
342............................................................     74.3
343............................................................     72.6
344............................................................     70.8
345............................................................     67.6
346............................................................     66.4
347............................................................     66.7
348............................................................     66.1
349............................................................     65.9
350............................................................     66.2
351............................................................     66.1
352............................................................     67.1
353............................................................     67.4
354............................................................     68.3
355............................................................     68.3
356............................................................     68.7
357............................................................     68.2
358............................................................     68.1
359............................................................     68.0
360............................................................     67.1
361............................................................     66.4
362............................................................     66.1
363............................................................     65.7
364............................................................     66.0
365............................................................     66.4
366............................................................     66.0
367............................................................     66.3
368............................................................     67.0
369............................................................     67.5
370............................................................     67.9
371............................................................     68.1
372............................................................     68.5
373............................................................     68.9
374............................................................     68.6
375............................................................     69.4
376............................................................     69.4
377............................................................     69.4
378............................................................     70.0
379............................................................     70.4
380............................................................     70.6
381............................................................     70.9
382............................................................     70.3
383............................................................     70.6
384............................................................     70.3
385............................................................     69.7
386............................................................     69.9
387............................................................     70.1
388............................................................     69.6
389............................................................     69.3
390............................................................     69.9
391............................................................     69.7
392............................................................     69.5
393............................................................     69.9
394............................................................     70.2
395............................................................     70.2
396............................................................     70.2
397............................................................     71.0
398............................................................     70.8
399............................................................     70.9
400............................................................     70.7
401............................................................     70.9
402............................................................     71.2
403............................................................     71.3
404............................................................     70.8
405............................................................     71.2
406............................................................     71.7
407............................................................     71.9
408............................................................     72.6
409............................................................     72.3
410............................................................     72.3
411............................................................     72.1
412............................................................     72.0
413............................................................     71.9
414............................................................     72.6
415............................................................     72.8
416............................................................     73.2
417............................................................     72.1
418............................................................     71.5
419............................................................     70.9
420............................................................     70.4
421............................................................     70.5
422............................................................     70.9
423............................................................     70.2
424............................................................     71.0
425............................................................     70.2
426............................................................     70.3
427............................................................     69.1
428............................................................     68.8
429............................................................     68.2
430............................................................     68.3
431............................................................     68.2

[[Page 596]]

 
432............................................................     67.7
433............................................................     67.3
434............................................................     67.5
435............................................................     67.6
436............................................................     67.6
437............................................................     67.2
438............................................................     67.0
439............................................................     66.3
440............................................................     66.6
441............................................................     66.2
442............................................................     66.4
443............................................................     65.9
444............................................................     66.1
445............................................................     65.5
446............................................................     62.2
447............................................................     62.2
448............................................................     61.4
449............................................................     61.1
450............................................................     61.4
451............................................................     61.1
452............................................................     61.4
453............................................................     61.4
454............................................................     61.8
455............................................................     61.8
456............................................................     61.8
457............................................................     61.8
458............................................................     62.2
459............................................................     61.8
460............................................................     62.2
461............................................................     62.6
462............................................................     62.2
463............................................................     62.6
464............................................................     62.2
465............................................................     62.6
466............................................................     62.6
467............................................................     63.0
468............................................................     62.6
469............................................................     62.2
470............................................................     61.1
471............................................................     59.5
472............................................................     58.8
473............................................................     56.8
474............................................................     55.7
475............................................................     54.1
476............................................................     51.5
477............................................................     49.2
478............................................................     48.8
479............................................................     47.6
480............................................................     44.9
481............................................................     41.5
482............................................................     37.2
483............................................................     34.6
484............................................................     33.0
485............................................................     29.2
486............................................................     22.3
487............................................................     17.7
488............................................................     17.3
489............................................................     14.0
490............................................................     10.0
491............................................................      6.0
492............................................................      2.0
493............................................................      0.0
494............................................................      0.0
495............................................................      0.0
496............................................................      0.0
497............................................................      0.0
498............................................................      0.0
499............................................................      0.0
500............................................................      0.0
501............................................................      0.2
502............................................................      4.4
503............................................................     10.1
504............................................................     15.6
505............................................................     20.8
506............................................................     25.1
507............................................................     27.7
508............................................................     28.2
509............................................................     26.8
510............................................................     24.8
511............................................................     22.4
512............................................................     17.1
513............................................................     11.3
514............................................................      6.9
515............................................................      7.5
516............................................................     11.1
517............................................................     15.4
518............................................................     19.9
519............................................................     24.2
520............................................................     27.1
521............................................................     28.5
522............................................................     28.2
523............................................................     25.6
524............................................................     21.7
525............................................................     17.3
526............................................................     12.1
527............................................................      7.5
528............................................................      5.8
529............................................................      2.4
530............................................................      1.2
531............................................................      1.9
532............................................................      6.7
533............................................................     11.8
534............................................................     16.8
535............................................................     21.7
536............................................................     25.9
537............................................................     27.7
538............................................................     28.0
539............................................................     27.1
540............................................................     24.4
541............................................................     20.2
542............................................................     15.2
543............................................................      9.3
544............................................................      5.0
545............................................................      2.9
546............................................................      2.4
547............................................................      8.4
548............................................................     13.5
549............................................................     17.8
550............................................................     22.2
551............................................................     26.2
552............................................................     30.0
553............................................................     29.8
554............................................................     26.0
555............................................................     21.3
556............................................................     16.2
557............................................................     11.4
558............................................................      6.6
559............................................................      2.6
560............................................................      0.0
561............................................................      0.0
562............................................................      0.0
563............................................................      0.0
564............................................................      0.0
565............................................................      0.0
566............................................................      0.0
567............................................................      0.0
568............................................................      0.3
569............................................................      6.4
570............................................................     12.7
571............................................................     19.2

[[Page 597]]

 
572............................................................     23.8
573............................................................     28.2
574............................................................     34.9
575............................................................     37.5
576............................................................     40.3
577............................................................     45.0
578............................................................     49.9
579............................................................     51.6
580............................................................     51.2
581............................................................     50.6
582............................................................     49.9
583............................................................     47.8
584............................................................     44.6
585............................................................     41.2
586............................................................     37.8
587............................................................     33.4
588............................................................     28.0
589............................................................     23.7
590............................................................     18.8
591............................................................     12.9
592............................................................      6.2
593............................................................      2.2
594............................................................      0.0
595............................................................      0.0
596............................................................      0.0
597............................................................      0.0
598............................................................      0.0
599............................................................      0.0
600............................................................      0.0
------------------------------------------------------------------------

    (h) EPA SC03 Driving Schedule for Light-Duty Vehicles and Light-Duty 
Trucks.

                        EPA SC03 Driving Schedule
                      [Speed versus Time Sequence]
------------------------------------------------------------------------
                                                                  Speed
                           Time (sec)                             (mph)
------------------------------------------------------------------------
0..............................................................      0.0
1..............................................................      0.0
2..............................................................      0.0
3..............................................................      0.0
4..............................................................      0.0
5..............................................................      0.0
6..............................................................      0.0
7..............................................................      0.0
8..............................................................      0.0
9..............................................................      0.0
10.............................................................      0.0
11.............................................................      0.0
12.............................................................      0.0
13.............................................................      0.0
14.............................................................      0.0
15.............................................................      0.0
16.............................................................      0.0
17.............................................................      0.0
18.............................................................      0.0
19.............................................................      0.9
20.............................................................      3.0
21.............................................................      2.9
22.............................................................      3.3
23.............................................................      3.5
24.............................................................      2.2
25.............................................................      1.4
26.............................................................      0.0
27.............................................................      0.0
28.............................................................      0.0
29.............................................................      0.0
30.............................................................      0.0
31.............................................................      0.0
32.............................................................      0.0
33.............................................................      0.4
34.............................................................      3.3
35.............................................................      6.0
36.............................................................      8.0
37.............................................................      8.7
38.............................................................     10.0
39.............................................................     12.4
40.............................................................     13.8
41.............................................................     14.7
42.............................................................     14.8
43.............................................................     16.6
44.............................................................     18.3
45.............................................................     19.0
46.............................................................     19.2
47.............................................................     19.3
48.............................................................     19.7
49.............................................................     20.5
50.............................................................     21.0
51.............................................................     21.2
52.............................................................     21.6
53.............................................................     22.2
54.............................................................     23.8
55.............................................................     24.6
56.............................................................     24.3
57.............................................................     23.3
58.............................................................     22.7
59.............................................................     21.4
60.............................................................     20.4
61.............................................................     19.5
62.............................................................     17.9
63.............................................................     15.6
64.............................................................     11.7
65.............................................................      7.8
66.............................................................      7.2
67.............................................................      9.3
68.............................................................     12.9
69.............................................................     15.8
70.............................................................     16.2
71.............................................................     16.9
72.............................................................     18.3
73.............................................................     20.3
74.............................................................     21.6
75.............................................................     22.4
76.............................................................     23.0
77.............................................................     22.8
78.............................................................     22.1
79.............................................................     21.2
80.............................................................     19.5
81.............................................................     17.1
82.............................................................     14.1
83.............................................................     10.5
84.............................................................      7.6
85.............................................................      7.5
86.............................................................     10.0
87.............................................................     13.1
88.............................................................     14.1
89.............................................................     16.4
90.............................................................     19.6
91.............................................................     22.4
92.............................................................     24.7
93.............................................................     26.1
94.............................................................     25.8
95.............................................................     26.6
96.............................................................     27.8
97.............................................................     28.5
98.............................................................     28.9
99.............................................................     29.3

[[Page 598]]

 
100............................................................     29.5
101............................................................     29.4
102............................................................     29.4
103............................................................     29.8
104............................................................     30.3
105............................................................     30.6
106............................................................     30.5
107............................................................     30.5
108............................................................     30.1
109............................................................     29.3
110............................................................     28.4
111............................................................     27.6
112............................................................     26.8
113............................................................     25.5
114............................................................     23.7
115............................................................     21.7
116............................................................     19.3
117............................................................     16.7
118............................................................     14.4
119............................................................     11.5
120............................................................      7.9
121............................................................      6.6
122............................................................      9.4
123............................................................     12.4
124............................................................     14.8
125............................................................     16.1
126............................................................     19.3
127............................................................     22.6
128............................................................     25.5
129............................................................     26.4
130............................................................     26.7
131............................................................     27.8
132............................................................     29.4
133............................................................     31.1
134............................................................     32.5
135............................................................     33.6
136............................................................     34.6
137............................................................     35.4
138............................................................     36.1
139............................................................     37.0
140............................................................     37.7
141............................................................     38.1
142............................................................     38.3
143............................................................     38.1
144............................................................     37.8
145............................................................     36.6
146............................................................     34.8
147............................................................     33.2
148............................................................     32.4
149............................................................     32.3
150............................................................     32.3
151............................................................     32.4
152............................................................     32.4
153............................................................     32.4
154............................................................     32.5
155............................................................     33.3
156............................................................     34.4
157............................................................     35.5
158............................................................     36.6
159............................................................     37.4
160............................................................     38.0
161............................................................     38.4
162............................................................     38.5
163............................................................     38.6
164............................................................     38.4
165............................................................     38.2
166............................................................     37.5
167............................................................     36.9
168............................................................     36.3
169............................................................     34.8
170............................................................     33.0
171............................................................     31.4
172............................................................     30.7
173............................................................     30.3
174............................................................     30.0
175............................................................     29.3
176............................................................     27.4
177............................................................     25.1
178............................................................     21.8
179............................................................     17.2
180............................................................     12.5
181............................................................      8.1
182............................................................      4.5
183............................................................      2.0
184............................................................      1.0
185............................................................      0.6
186............................................................      0.0
187............................................................      0.0
188............................................................      0.0
189............................................................      0.0
190............................................................      0.0
191............................................................      0.0
192............................................................      0.0
193............................................................      0.0
194............................................................      0.0
195............................................................      0.0
196............................................................      0.0
197............................................................      0.0
198............................................................      0.0
199............................................................      0.0
200............................................................      0.0
201............................................................      0.0
202............................................................      0.0
203............................................................      0.0
204............................................................      0.0
205............................................................      1.0
206............................................................      0.5
207............................................................      2.6
208............................................................      7.7
209............................................................     12.3
210............................................................     15.8
211............................................................     17.3
212............................................................     19.4
213............................................................     23.3
214............................................................     27.2
215............................................................     31.0
216............................................................     33.6
217............................................................     34.2
218............................................................     35.8
219............................................................     37.3
220............................................................     38.3
221............................................................     39.2
222............................................................     40.1
223............................................................     40.9
224............................................................     41.0
225............................................................     40.4
226............................................................     39.7
227............................................................     39.1
228............................................................     38.1
229............................................................     36.7
230............................................................     35.9
231............................................................     35.9
232............................................................     35.7
233............................................................     34.9
234............................................................     33.9
235............................................................     32.6
236............................................................     31.9
237............................................................     31.1
238............................................................     30.6
239............................................................     30.3

[[Page 599]]

 
240............................................................     30.1
241............................................................     29.9
242............................................................     29.8
243............................................................     29.8
244............................................................     29.8
245............................................................     29.8
246............................................................     29.7
247............................................................     29.7
248............................................................     29.6
249............................................................     28.4
250............................................................     25.8
251............................................................     22.8
252............................................................     19.0
253............................................................     14.0
254............................................................      8.6
255............................................................      4.1
256............................................................      1.3
257............................................................      0.0
258............................................................      0.0
259............................................................      0.0
260............................................................      0.0
261............................................................      0.0
262............................................................      0.0
263............................................................      0.0
264............................................................      0.0
265............................................................      0.0
266............................................................      0.0
267............................................................      0.0
268............................................................      0.0
269............................................................      0.0
270............................................................      0.0
271............................................................      0.0
272............................................................      0.0
273............................................................      0.0
274............................................................      0.0
275............................................................      0.0
276............................................................      0.0
277............................................................      0.0
278............................................................      0.0
279............................................................      0.0
280............................................................      0.0
281............................................................      0.1
282............................................................      4.5
283............................................................      9.1
284............................................................     13.6
285............................................................     18.2
286............................................................     22.6
287............................................................     26.2
288............................................................     29.3
289............................................................     32.1
290............................................................     34.5
291............................................................     36.8
292............................................................     38.4
293............................................................     40.0
294............................................................     41.2
295............................................................     41.9
296............................................................     42.2
297............................................................     42.7
298............................................................     43.0
299............................................................     43.3
300............................................................     43.5
301............................................................     43.7
302............................................................     44.3
303............................................................     45.4
304............................................................     45.9
305............................................................     46.8
306............................................................     47.6
307............................................................     48.2
308............................................................     48.6
309............................................................     48.7
310............................................................     48.6
311............................................................     49.0
312............................................................     49.8
313............................................................     50.5
314............................................................     51.2
315............................................................     52.1
316............................................................     52.7
317............................................................     53.4
318............................................................     52.4
319............................................................     54.5
320............................................................     54.8
321............................................................     54.8
322............................................................     54.7
323............................................................     54.3
324............................................................     54.0
325............................................................     53.8
326............................................................     53.5
327............................................................     53.3
328............................................................     52.9
329............................................................     52.6
330............................................................     52.0
331............................................................     51.6
332............................................................     51.0
333............................................................     50.3
334............................................................     49.3
335............................................................     48.1
336............................................................     46.5
337............................................................     43.6
338............................................................     40.7
339............................................................     37.2
340............................................................     34.4
341............................................................     31.4
342............................................................     28.6
343............................................................     24.2
344............................................................     18.1
345............................................................     12.3
346............................................................      8.1
347............................................................      4.8
348............................................................      2.6
349............................................................      2.1
350............................................................      0.0
351............................................................      0.0
352............................................................      0.0
353............................................................      0.0
354............................................................      0.0
355............................................................      0.0
356............................................................      0.0
357............................................................      0.0
358............................................................      0.0
359............................................................      0.0
360............................................................      0.0
361............................................................      0.0
362............................................................      0.0
363............................................................      0.0
364............................................................      0.0
365............................................................      0.0
366............................................................      0.0
367............................................................      0.0
368............................................................      0.0
369............................................................      0.0
370............................................................      0.0
371............................................................      4.3
372............................................................      9.1
373............................................................     13.2
374............................................................     16.3
375............................................................     19.1
376............................................................     20.9
377............................................................     22.7
378............................................................     24.8
379............................................................     26.9

[[Page 600]]

 
380............................................................     28.8
381............................................................     30.0
382............................................................     30.4
383............................................................     30.6
384............................................................     30.9
385............................................................     31.1
386............................................................     30.8
387............................................................     31.1
388............................................................     31.5
389............................................................     32.4
390............................................................     33.1
391............................................................     33.3
392............................................................     33.4
393............................................................     33.7
394............................................................     34.1
395............................................................     34.7
396............................................................     35.0
397............................................................     35.4
398............................................................     35.8
399............................................................     36.0
400............................................................     36.2
401............................................................     36.3
402............................................................     36.4
403............................................................     36.5
404............................................................     36.9
405............................................................     37.2
406............................................................     37.3
407............................................................     37.8
408............................................................     38.2
409............................................................     38.6
410............................................................     38.8
411............................................................     38.6
412............................................................     38.9
413............................................................     39.0
414............................................................     38.8
415............................................................     38.6
416............................................................     38.1
417............................................................     37.6
418............................................................     37.6
419............................................................     37.3
420............................................................     37.0
421............................................................     36.6
422............................................................     36.2
423............................................................     36.0
424............................................................     36.0
425............................................................     35.5
426............................................................     34.5
427............................................................     33.0
428............................................................     31.0
429............................................................     27.5
430............................................................     22.6
431............................................................     20.0
432............................................................     19.0
433............................................................     19.4
434............................................................     19.2
435............................................................     20.6
436............................................................     22.9
437............................................................     24.6
438............................................................     25.5
439............................................................     26.9
440............................................................     27.3
441............................................................     28.2
442............................................................     29.6
443............................................................     30.2
444............................................................     30.7
445............................................................     31.3
446............................................................     31.7
447............................................................     32.2
448............................................................     32.5
449............................................................     33.0
450............................................................     33.2
451............................................................     33.3
452............................................................     33.1
453............................................................     32.7
454............................................................     32.3
455............................................................     31.9
456............................................................     31.5
457............................................................     31.2
458............................................................     30.8
459............................................................     30.5
460............................................................     30.2
461............................................................     29.9
462............................................................     30.2
463............................................................     30.6
464............................................................     30.9
465............................................................     31.2
466............................................................     31.8
467............................................................     32.4
468............................................................     32.5
469............................................................     32.3
470............................................................     32.3
471............................................................     32.8
472............................................................     32.9
473............................................................     32.8
474............................................................     32.8
475............................................................     33.3
476............................................................     33.4
477............................................................     32.9
478............................................................     32.9
479............................................................     32.8
480............................................................     32.9
481............................................................     32.8
482............................................................     32.8
483............................................................     32.4
484............................................................     31.6
485............................................................     30.6
486............................................................     30.3
487............................................................     30.3
488............................................................     29.8
489............................................................     29.3
490............................................................     28.9
491............................................................     28.8
492............................................................     29.3
493............................................................     30.0
494............................................................     30.2
495............................................................     30.4
496............................................................     30.7
497............................................................     30.8
498............................................................     29.8
499............................................................     28.7
500............................................................     28.9
501............................................................     29.2
502............................................................     29.4
503............................................................     28.6
504............................................................     27.0
505............................................................     27.2
506............................................................     26.6
507............................................................     23.2
508............................................................     21.2
509............................................................     21.2
510............................................................     20.8
511............................................................     17.9
512............................................................     13.2
513............................................................      9.5
514............................................................      6.4
515............................................................      4.1
516............................................................      2.5
517............................................................      0.0
518............................................................      0.0
519............................................................      0.0

[[Page 601]]

 
520............................................................      0.0
521............................................................      0.0
522............................................................      0.0
523............................................................      0.0
524............................................................      0.0
525............................................................      0.0
526............................................................      0.0
527............................................................      0.0
528............................................................      0.0
529............................................................      0.0
530............................................................      0.0
531............................................................      0.0
532............................................................      0.0
533............................................................      0.0
534............................................................      0.0
535............................................................      0.0
536............................................................      0.0
537............................................................      0.6
538............................................................      3.3
539............................................................      5.9
540............................................................      8.9
541............................................................     10.2
542............................................................     10.4
543............................................................      9.9
544............................................................      9.9
545............................................................     10.5
546............................................................     11.3
547............................................................     12.4
548............................................................     12.8
549............................................................     14.0
550............................................................     14.6
551............................................................     15.5
552............................................................     17.0
553............................................................     17.5
554............................................................     18.1
555............................................................     18.4
556............................................................     18.5
557............................................................     18.2
558............................................................     18.5
559............................................................     18.3
560............................................................     18.2
561............................................................     17.9
562............................................................     17.7
563............................................................     17.7
564............................................................     17.3
565............................................................     17.4
566............................................................     16.8
567............................................................     17.5
568............................................................     17.7
569............................................................     17.5
570............................................................     17.6
571............................................................     17.3
572............................................................     17.4
573............................................................     17.6
574............................................................     17.6
575............................................................     17.9
576............................................................     18.0
577............................................................     17.8
578............................................................     17.7
579............................................................     17.5
580............................................................     17.7
581............................................................     17.7
582............................................................     18.1
583............................................................     18.4
584............................................................     19.2
585............................................................     18.9
586............................................................     18.0
587............................................................     15.6
588............................................................     13.3
589............................................................     10.0
590............................................................      7.7
591............................................................      5.8
592............................................................      3.7
593............................................................      2.4
594............................................................      0.0
595............................................................      0.0
596............................................................      0.0
597............................................................      0.0
598............................................................      0.0
599............................................................      0.0
600............................................................      0.0
------------------------------------------------------------------------


[42 FR 32989, June 28, 1977, as amended at 43 FR 52924, Nov. 14, 1978; 
45 FR 4214, Jan. 21, 1980; 48 FR 1465, Jan. 12, 1983; 48 FR 52239, Nov. 
16, 1983; 49 FR 48148, Dec. 10, 1984; 52 FR 47876, Dec. 16, 1987; 54 FR 
14612, Apr. 11, 1989; 58 FR 16067, Mar. 24, 1993; 61 FR 54901, Oct. 22, 
1996; 63 FR 23501, Apr. 29, 1998; 70 FR 40443, July 13, 2005]



           Sec. Appendix II to Part 86--Temperature Schedules

    (a) Ambient temperature cycle for the diurnal emission portion of 
the evaporative emission test (see Sec. 86.133).

                Table I--Temperature Versus Time Sequence
------------------------------------------------------------------------
          Use linear interpolation between hourly temperatures
-------------------------------------------------------------------------
              Temp. (                 Temp. (                  Temp. (
Time (min)    [deg]F)   Time (min)    [deg]F)   Time (min)     [deg]F)
------------------------------------------------------------------------
        0    72.0              60    72.5             120          75.5
      180    80.3             240    85.2             300          89.4
      360    93.1             420    95.1             480          95.8
      540    96.0             600    95.5             660          94.1
      720    91.7             780    88.6             840          85.5
      900    82.8             960    80.9            1020          79.0
     1080    77.2            1140    75.8            1200          74.7
     1260    73.9            1320    73.3            1380          72.6
     1440    72.0            1500    72.5            1560          75.5
     1620    80.3            1680    85.2            1740          89.4
     1800    93.1            1860    95.1            1920          95.8
     1980    96.0            2040    95.5            2100          94.1
     2160    91.7            2220    88.6            2280          85.5

[[Page 602]]

 
     2340    82.8            2400    80.9            2460          79.0
     2520    77.2            2580    75.8            2640          74.7
     2700    73.9            2760    73.3            2820          72.6
     2880    72.0            2940    72.5            3000          75.5
     3060    80.3            3120    85.2            3180          89.4
     3240    93.1            3300    95.1            3360          95.8
     3420    96.0            3480    95.5            3540          94.1
     3600    91.7            3660    88.6            3720          85.5
     3780    82.8            3840    80.9            3900          79.0
     3960    77.2            4020    75.8            4080          74.7
     4140    73.9            4200    73.3            4260          72.6
     4320    72.9
------------------------------------------------------------------------


[58 FR 16070, Mar. 24, 1993]



 Sec. Appendix III to Part 86--Constant Volume Sampler Flow Calibration

    The following calibration procedure outlines the equipment, the test 
setup 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 (ft \3\/rev@ 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 should be performed.
    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 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) 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.
    During a CVS emissions test the measurement of these same pump 
parameters enables the user to calculate the flow rate from the 
calibration equation.
    After the calibration curve has been obtained, a verification test 
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.

Equipment:

    The following list of equipment will be needed to perform this 
calibration procedure. Figure 1 illustrates a typical equipment 
arrangement used for calibration. All of the equipment involved should 
conform to the range and accuracy as specified in Figure 1.

Equipment List:

    1. LFE--Laminar Flowmeter
    2. Micromanometer
    3. Thermometer
    4. Timer
    5. U-Tube Manometers
    6. Temperature Indicator with type J Thermocouples
    7. A variable flow restrictor with appropriate piping to connect the 
CVS pump and LFE.
    After the system has been connected as shown in Figure 1, set the 
variable restrictor in the wide open position and run the CVS pump for 
twenty minutes. Record the calibration data.

                                          Calibration Data Measurements
----------------------------------------------------------------------------------------------------------------
              Parameter                         Symbol                   Units                  Tolerance
----------------------------------------------------------------------------------------------------------------
Barometric pressure (corrected)......  PB.....................  ``Hg...................  .01 ``Hg.

[[Page 603]]

 
Ambient temperature..................  TA.....................  [deg]F.................  .5 [deg]F.
Air Temperature into LFE.............  ETI....................  [deg]F.................  .1 [deg]F.
Pressure depression upstream of LFE..  EPI....................  ``H20..................  .1``H20.
Pressure drop across the LFE matrix..  EDP....................  ``H20..................  .005``H20.
Air temperature at CVS pump inlet....  PTI....................  [deg]F.................  .5 [deg]F.
Pressure depression at CVS pump inlet  PPI....................  ``Fluid................  .05``Fluid.
Specific gravity of manometer fluid..  Sp. Gr.................  .......................  .......................
Pressure head at CVS pump outlet.....  PPO....................  ``Fluid................  .05``Fluid.
Air temperature at CVS pump outlet     PTO....................  [deg]F.................  .5 [deg]F.
Pump revolutions during test period..  N......................  Revs...................  None.
Elapsed time for test period.........  t......................  Seconds................  .05 Seconds.
----------------------------------------------------------------------------------------------------------------
Note: The fluid level in the manometer tube should stabilize before the reading is made and the elapsed time for
  revolution counting should be greater than 120 seconds.

    Reset the restrictor valve to a more restricted condition in an 
increment of pump inlet depression (about 4 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.

Data Analysis:

    The data recorded during the calibration are to be used in the 
following calculations.
    1. The air flow rate at each test point is calculated in standard 
cubic feet per minute (Qs) from the flowmeter data using the 
manufacturer's prescribed method.
    2. The air flow rate is then converted to pump flow, Vo, in cubic 
feet per revolution at absolute pump inlet temperature and pressure.

Vo = Qs/n x Tp/530 x 29.92/Pp

where:

Qs=Meter air flow rate in standard cubic feet per minute (flowmeter 
standard conditions are 70 [deg]F, 29.92 ``Hg).
n=Pump speed in revolutions per minute.
Pp=Absolute pump inlet pressure, in (``Hg).
Pp=PB-PPI (SP.GR./13.57), Tp = PTI + 
460.

    3. The correlation function at each test point is then calculated 
from the calibration data, as follows:
[GRAPHIC] [TIFF OMITTED] TR06OC93.139

[Delta]Pp = The pressure differential from pump inlet to pump 
outlet in (``Hg).

[Delta]Pp = Pe-Pp

Pe=Absolute pump outlet pressure, in (``Hg).

Pp = PB + PPO (Sp. Gr./13.57)
    See Sec. 86.177-22 for other definitions.
    4. A linear least squares fit is performed to generate the 
calibration equations which have the forms

Vo = Do-M(Xo)

n = A-B(Pp)

    Do, M, A, and B are the slope-intercept constants describing the 
lines.
    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.

[[Page 604]]

[GRAPHIC] [TIFF OMITTED] TR06OC93.196

    If the calibration has been performed carefully, the calculated 
Vo values from the equation will be within .50% 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 0, 30, 100, 200, 400, etc. hours of 
pump operation to assure the stability of the pump slip rate. Analysis 
of mass injection data will also reflect pump slip stability.

CVS System Verification:

    The following 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.
    1. Obtain a small cylinder that has been charged with pure propane 
or carbon monoxide gas (caution--carbon monoxide is poisonous!). 
Critical flow orifice devices can also be used for constant flow 
metering.
    2. Determine a reference cylinder weight to the nearest 0.01 gram.
    3. Operate the CVS in the normal manner and release a quantity of 
pure propane or

[[Page 605]]

carbon monoxide into the system during the sampling period.
    4. The calculations of Sec. 86.177-22 are performed in a normal way 
except, in the case of propane, the density of propane (17.30 grams/cu./
ft./carbon atom) is used in place of the density of exhaust 
hydrocarbons. In the case of carbon monoxide, the density of 32.97 
grams/cu. ft. is used.
    5. 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.
    6. The cause for any discrepancy greater than 2 percent should be found and corrected. The following 
list of parametric errors may assist the operator in locating the cause 
of large errors.
    Positive Error (Indication is higher than true value):
    1. Calculated Vo is greater than actual Vo.
    a. Original calibration in error.
    2. Pump inlet temperature recorder is reading low. A 6 [deg]F. 
discrepancy will give a 1 percent error.
    3. Pump inlet pressure indicator is reading high. A 3.5 in. 
H2O high reading will give 1 percent error.
    4. Background concentration reading is too low. Check analyzer zero. 
Check leakage at floor inlet.
    5. Analyzer is reading high. Check span.
    6. Barometer reading is in error (too high). Barometric pressure 
reading should be gravity and temperature corrected.
    7. Revolution counter is reading high (Check pump speed and 
counters.)
    8. Mixture is stratified causing the sample to be higher than the 
average concentration in the mixture. Negative Error (Indication is 
lower than true value):
    1. Calculated Vo is less than actual Vo.
    a. Original calibration in error.
    b. Pump clearances decreased due to influx of some surface adherent 
material. Recalibration may be needed.
    2. Pump inlet temperature recorder is reading high.
    3. Pump inlet pressure indicator is reading low.
    4. Background concentration reading is too high.
    5. Analyzer is reading low.
    6. Barometer reading is in error (too low).
    7. Revolution counter is reading low.
    8. There is a leak into the sampling system. Pressure check the 
lines and fittings on the intake side of sample transfer pumps on both 
the CVS and analyzer console.

[42 FR 33000, June 28, 1977]



        Sec. Appendix IV to Part 86--Durability Driving Schedules

    (a) Durability Driving Schedule for Light-Duty Vehicles and Light-
Duty Trucks.
    The schedule consists basically of 11 laps of a 3.7 mile course. The 
basic vehicle speed for each lap is listed below:

------------------------------------------------------------------------
                                                                 Speed
                             Lap                               miles per
                                                                 hour
------------------------------------------------------------------------
1...........................................................          40
2...........................................................          30
3...........................................................          40
4...........................................................          40
5...........................................................          35
6...........................................................          30
7...........................................................          35
8...........................................................          45
9...........................................................          35
10..........................................................          55
11..........................................................          70
------------------------------------------------------------------------

    During each of the first nine laps there are 4 stops with 15 second 
idle. Normal accelerations and decelerations are used. In addition, 
there are 5 light decelerations each lap from the base speed to 20 
m.p.h. followed by light accelerations to the base speed.
    The 10th lap is run at a constant speed of 55 m.p.h.
    The 11th lap is begun with a wide open throttle acceleration from 
stop to 70 m.p.h. A normal deceleration to idle followed by a second 
wide open throttle acceleration occurs at the midpoint of the lap.
    (b) Durability Driving Schedule for Motorcycles. The Durability 
Driving Schedule for Class III Motorcycles may be used for Light-Duty 
Vehicles and Light-Duty Trucks.
    The schedule consists basically of 11 laps of a 6.0 km (3.7 mi) 
course. The basic vehicle speed for each lap is listed below:

                       Speed (kilometers per hour)
------------------------------------------------------------------------
               Lap                   Class I      Class II    Class III
------------------------------------------------------------------------
1...............................  65..........  65.........  65
2...............................  45..........  45.........  65
3...............................  65..........  65.........  55
4...............................  65..........  65.........  45
5...............................  55..........  55.........  55
6...............................  45..........  45.........  55
7...............................  55..........  55.........  70
8...............................  70..........  70.........  55
9...............................  55..........  55.........  46
10..............................  70..........  90.........  90
11..............................  70..........  90.........  110
------------------------------------------------------------------------

    During each of the first nine laps there are 4 stops with 15 second 
idle. Normal accelerations and decelerations are used. In addition, 
there are 5 light declerations each lap from the base speed to 30 km/h 
followed by light accelerations to the base speed.
    The 10th lap is run at a constant speed.
    The 11th lap is begun with a wide open throttle acceleration from 
stop. A normal deceleration to idle followed by a second wide open 
throttle acceleration occurs at the midpoint of the lap.

[[Page 606]]

    This schedule may be modified with the advance approval of the 
Administrator if it results in unsafe operation of the vehicle.
[GRAPHIC] [TIFF OMITTED] TR06OC93.197


[[Page 607]]


[GRAPHIC] [TIFF OMITTED] TR06OC93.198


[42 FR 33002, June 28, 1977]



        Sec. Appendix V to Part 86--The Standard Road Cycle (SRC)

    1. The standard road cycle (SRC) is a mileage accumulation cycle 
that may be used for any vehicle which is covered by the applicability 
provisions of Sec. 86.1801. The vehicle may be run on a track or on a 
mileage accumulation dynamometer.
    2. The cycle consists of 7 laps of a 3.7 mile course. The length of 
the lap may be changed to accommodate the length of the service-
accumulation track.

[[Page 608]]



                         Description of the SRC
------------------------------------------------------------------------
                                                               Typical
           Lap                        Description             accel rate
                                                               (MPH/s)
------------------------------------------------------------------------
1........................  (start engine) Idle 10 sec......            0
1........................  Mod accel to 30 MPH.............            4
1........................  Cruise at 30 MPH for \1/4\ lap..            0
1........................  Mod. decel to 20 MPH............           -5
1........................  Mod accel to 30 MPH.............            4
1........................  Cruise at 30 MPH for \1/4\ lap..            0
1........................  Mod. decel to stop..............           -5
1........................  Idle 5 sec......................            0
1........................  Mod accel to 35 MPH.............            4
1........................  Cruise at 35 MPH for \1/4\ lap..            0
1........................  Mod. decel to 25 MPH............           -5
1........................  Mod accel to 35 MPH.............            4
1........................  Cruise at 35 MPH for \1/4\ lap..            0
1........................  Mod. decel to stop..............           -5
------------------------------------------------------------------------
2........................  Idle 10 sec.....................            0
2........................  Mod accel to 40 MPH.............            3
2........................  Cruise at 40 MPH for \1/4\ lap..            0
2........................  Mod. decel to 30 MPH............           -5
2........................  Mod accel to 40 MPH.............            3
2........................  Cruise at 40 MPH for \1/4\ lap..            0
2........................  Mod. decel to stop..............           -5
2........................  Idle 5 sec......................            0
2........................  Mod accel to 45 MPH.............            3
2........................  Cruise at 45 MPH for \1/4\ lap..            0
2........................  Mod. decel to 35 MPH............           -5
2........................  Mod accel to 45 MPH.............            3
2........................  Cruise at 45 MPH for \1/4\ lap.
2........................  Mod. decel to stop..............           -5
------------------------------------------------------------------------
3........................  Idle 10 sec.....................            0
3........................  Hard accel to 55 MPH............            4
3........................  Cruise at 55 MPH for \1/4\ lap..            0
3........................  Mod. decel to 45 MPH............           -5
3........................  Mod accel to 55 MPH.............            2
3........................  Cruise at 55 MPH for \1/4\ lap..            0
3........................  Mod. decel to 45 MPH............           -5
3........................  Mod accel to 60 MPH.............            2
3........................  Cruise at 60 MPH for \1/4\ lap..            0
3........................  Mod. decel to 50 MPH............           -5
3........................  Mod. accel to 60 MPH............            2
3........................  Cruise at 60 MPH for \1/4\ lap..            0
3........................  Mod. decel to stop..............           -4
------------------------------------------------------------------------
4........................  Idle 10 sec.....................            0
4........................  Hard accel to 80 MPH............            3
4........................  Coastdown to 70 MPH.............           -1
4........................  Cruise at 70 MPH for \1/2\ Lap..            0
4........................  Mod. decel to 50 MPH............           -3
4........................  Mod accel to 65 MPH.............            2
4........................  Cruise at 65 MPH for \1/2\ lap..            0
4........................  Mod. decel to 50 MPH............           -3
------------------------------------------------------------------------
5........................  Mod accel to 75 MPH.............            1
5........................  Cruise at 75 MPH for \1/2\ lap..            0
5........................  Mod. decel to 50 MPH............           -3
5........................  Lt. accel to 70 MPH.............            1
5........................  Cruise at 70 MPH for \1/2\ lap..            0
5........................  Mod. decel 50 MPH...............           -3
------------------------------------------------------------------------
6........................  Mod accel to 70 MPH.............            2
6........................  Coastdown to 60 MPH.............           -1
6........................  Cruise at 60 MPH for \1/2\ lap..            0
6........................  Mod. decel to 50 MPH............           -4
6........................  Mod. accel to 65 MPH............            1
6........................  Cruise at 65 MPH for \1/2\ lap..            0
6........................  Mod. decel to stop..............           -4
------------------------------------------------------------------------
7........................  Idle 45 sec.....................            0
7........................  Hard accel to 55 MPH............            4
7........................  Cruise at 55 MPH for \1/4\ lap..            0

[[Page 609]]

 
7........................  Mod. decel to 40 MPH............           -5
7........................  Mod. accel to 55 MPH............            2
7........................  Cruise at 55 MPH for \1/4\ lap..            0
7........................  Mod. decel to 40 MPH............           -5
7........................  Mod. accel to 50 MPH............            2
7........................  Cruise at 50 MPH for \1/4\ lap..            0
7........................  Mod. decel to 40 MPH............           -5
7........................  Mod. accel to 50 MPH............            2
7........................  Cruise at 50 MPH for \1/4\ lap..            0
7........................  Mod. decel to stop..............           -5
------------------------------------------------------------------------

    The standard road cycle is represented graphically in the following 
figure:
[GRAPHIC] [TIFF OMITTED] TR17JA06.066


[71 FR 2837, Jan. 17, 2006]



       Sec. Appendix VI to Part 86--Vehicle and Engine Components

    (a) Light-Duty Vehicles, Light-Duty Trucks, Motorcycles, and 
Gasoline-Fueled Heavy-Duty Engines.
    I. Basic Mechanical Components-Engine.
    (1) Intake and exhaust valves.
    (2) Drive belts.
    (3) Manifold and cylinder head bolts.
    (4) Engine oil and filter.
    (5) Engine coolant.
    (6) Cooling system hoses and connections.
    (7) Vacuum fittings, hoses, and connections.
    (8) Oil injection metering system.
    II. Fuel System.
    (1) Fuel specification-octane rating, lead content.
    (2) Carburetor-idle RPM, mixture ratio.
    (3) Choke mechanism.
    (4) Fuel system filter and fuel system lines and connections.
    (5) Choke plate and linkage.
    III. Ignition Components.
    (1) Ignition timing and advance systems.

[[Page 610]]

    (2) Distributor breaker points and condenser.
    (3) Spark plugs.
    (4) Ignition wiring.
    (5) Operating parts of distributor.
    IV. Crankcase Ventilation System.
    (1) PCV valve.
    (2) Ventilation hoses.
    (3) Oil filter breather cap.
    (4) Manifold inlet (carburetor spacer, etc.).
    V. External Exhaust Emission Control System.
    (1) Secondary air injection system hoses.
    (2) Air system manifolds.
    (3) Control valves and air pump.
    (4) Manifold reactors.
    (5) Catalytic converters.
    (6) Exhaust recirculation.
    (7) Water injection.
    VI. Evaporative Emission Control System.
    (1) Engine compartment hose connections.
    (2) Carbon storage media.
    (3) Fuel tank pressure-relief valve operation.
    (4) Fuel vapor control valves.
    VII. Air Inlet Components.
    (1) Carburetor air cleaner filter.
    (2) Hot air control valve.
    (b) Diesel Light-Duty Vehicles, Diesel Light-Duty Trucks, and Diesel 
Heavy-Duty Engines.
    I. Engine Mechanical Components.
    (1) Valve train.
    (2) Cooling system.
    a. Coolant.
    b. Thermostat.
    c. Filter.
    (3) Lubrication.
    a. Oil filter.
    b. Lubricant.
    II. Fuel System.
    (1) Fuel type.
    (2) Fuel pump.
    (3) Fuel filters.
    (4) Injectors.
    (5) Governor.
    III. Air Inlet Components.
    (1) Air cleaner.
    (2) Inlet ducting.
    IV. External Exhaust Emission Control System.
    (1) Rack limiting devices (aneroid, throttle delay, etc.).
    (2) Manifold reactors.
    (3) Catalytic converters.
    (4) Exhaust recirculation.
    (5) Water injection.

[42 FR 33004, June 28, 1977]



        Sec. Appendix VII to Part 86--Standard Bench Cycle (SBC)

    1. The standard bench aging durability procedures [Ref. Sec. 
86.1823-08(d)] consist of aging a catalyst-oxygen-sensor system on an 
aging bench which follows the standard bench cycle (SBC) described in 
this appendix.
    2. The SBC requires use of an aging bench with an engine as the 
source of feed gas for the catalyst.
    3. The SBC is a 60-second cycle which is repeated as necessary on 
the aging bench to conduct aging for the required period of time. The 
SBC is defined based on the catalyst temperature, engine air/fuel (A/F) 
ratio, and the amount of secondary air injection which is added in front 
of the first catalyst.

                      Catalyst Temperature Control

    1. Catalyst temperature shall be measured in the catalyst bed at the 
location where the highest temperature occurs in the hottest catalyst. 
Alternatively, the feed gas temperature may be measured and converted to 
catalyst bed temperature using a linear transform calculated from 
correlation data collected on the catalyst design and aging bench to be 
used in the aging process.
    2. Control the catalyst temperature at stoichiometric operation (01 
to 40 seconds on the cycle) to a minimum of 800 [deg]C ( 10 [deg]C) by selecting the appropriate Engine speed, 
load, and spark timing for the engine. Control the maximum catalyst 
temperature that occurs during the cycle to 890 [deg]C ( 10 [deg]C) by selecting the appropriate A/F ratio of 
the engine during the ``rich'' phase described in the table below.
    3. If a low control temperature other than 800 [deg]C is utilized, 
the high control temperature shall be 90 [deg]C higher than the low 
control temperature.

                                           Standard Bench Cycle (SBC)
----------------------------------------------------------------------------------------------------------------
                                                                                                   Secondary air
           Time  (seconds)                               Engine air/fuel ratio                       injection
----------------------------------------------------------------------------------------------------------------
01-40................................  14.7 (stoichiometric, with load, spark timing, and engine            None
                                        speed controlled to achieve a minimum catalyst
                                        temperature of 800 [deg]C).
41-45................................  ``Rich'' (A/F ratio selected to achieve a maximum                    None
                                        catalyst temperature over the entire cycle of 890
                                        [deg]C, or 90[deg] higher than low control temperature).
46-55................................  ``Rich'' (A/F ratio selected to achieve a maximum              3% (
   Sec. Appendix VIII to Part 86--Aging Bench Equipment and Procedures

    This appendix provides specifications for standard aging bench 
equipment and aging procedures which may be used to conduct bench aging 
durability under the provisions of Sec. 86.1823-08.

                      1. Aging Bench Configuration

    The aging bench must provide the appropriate exhaust flow rate, 
temperature, air-fuel ratio, exhaust constituents and secondary air 
injection at the inlet face of the catalyst.
    a. The EPA standard aging bench consists of an engine, engine 
controller, and engine dynamometer. Other configurations may be 
acceptable (e.g. whole vehicle on a dynamometer, or a burner that 
provides the correct exhaust conditions), as long as the catalyst inlet 
conditions and control features specified in this appendix are met.
    b. A single aging bench may have the exhaust flow split into several 
streams providing that each exhaust stream meets the requirements of 
this appendix. If the bench has more than one exhaust stream, multiple 
catalyst systems may be aged simultaneously.

                             2. Fuel and Oil

    The fuel used by the engine shall comply with the mileage 
accumulation fuel provisions of Sec. 86.113 for the applicable fuel 
type (e.g., gasoline or diesel fuel). The oil used in the engine shall 
be representative of commercial oils and selected using good engineering 
judgement.

                     3. Exhaust System Installation

    a. The entire catalyst(s)-plus-oxygen-sensor(s) system, together 
with all exhaust piping which connects these components, [the ``catalyst 
system''] will be installed on the bench. For engines with multiple 
exhaust streams (such as some V6 and V8 engines), each bank of the 
exhaust system will be installed separately on the bench.
    b. For exhaust systems that contain multiple in-line catalysts, the 
entire catalyst system including all catalysts, all oxygen sensors and 
the associated exhaust piping will be installed as a unit for aging. 
Alternatively, each individual catalyst may be separately aged for the 
appropriate period of time.

                       4. Temperature Measurement

    Catalyst temperature shall be measured using a thermocouple placed 
in the catalyst

[[Page 612]]

bed at the location where the highest temperature occurs in the hottest 
catalyst (typically this occurs approximately one-inch behind the front 
face of the first catalyst at its longitudinal axis). Alternatively, the 
feed gas temperature just before the catalyst inlet face may be measured 
and converted to catalyst bed temperature using a linear transform 
calculated from correlation data collected on the catalyst design and 
aging bench to be used in the aging process. The catalyst temperature 
must be stored digitally at the speed of 1 hertz (one measurement per 
second).

                         5. Air/Fuel Measurement

    Provisions must be made for the measurement of the air/fuel (A/F) 
ratio (such as a wide-range oxygen sensor) as close as possible to the 
catalyst inlet and outlet flanges. The information from these sensors 
must be stored digitally at the speed of 1 hertz (one measurement per 
second).

                         6. Exhaust Flow Balance

    Provisions must be made to assure that the proper amount of exhaust 
(measured in grams/second at stoichiometry, with a tolerance of 5 grams/second) flows through each catalyst system that 
is being aged on the bench. The proper flow rate is determined based 
upon the exhaust flow that would occur in the original vehicle's engine 
at the steady state engine speed and load selected for the bench aging 
in paragraph (7).

                                7. Setup

    a. The engine speed, load, and spark timing are selected to achieve 
a catalyst bed temperature of 800 [deg]C (10 
[deg]C) at steady-state stoichiometric operation.
    b. The air injection system is set to provide the necessary air flow 
to produce 3.0% oxygen ( 0.1%) in the steady-state 
stoichiometric exhaust stream just in front of the first catalyst. A 
typical reading at the upstream A/F measurement point (required in 
paragraph 5) is lambda 1.16 (which is approximately 3% oxygen).
    c. With the air injection on, set the ``Rich'' A/F ratio to produce 
a catalyst bed temperature of 890 [deg]C ( 10 
[deg]C). A typical A/F value for this step is lambda 0.94 (approximately 
2% CO).

                             8. Aging Cycle

    The standard bench aging procedures use the standard bench cycle 
(SBC) which is described in appendix VII to part 86. The SBC is repeated 
until the amount of aging calculated from the bench aging time (BAT) 
equation [ref. Sec. 86.1823-08 (d)(3)] is achieved.

                          9. Quality Assurance

    a. The temperatures and A/F ratio information that is required to be 
measured in paragraphs (4) and (5) shall be reviewed periodically (at 
least every 50 hours) during aging. Necessary adjustments shall be made 
to assure that the SBC is being appropriately followed throughout the 
aging process.
    b. After the aging has been completed, the catalyst time-at-
temperature collected during the aging process shall be tabulated into a 
histogram with temperature bins of no larger than 10 [deg]C. The BAT 
equation and the calculated effective reference temperature for the 
aging cycle [ref. Sec. 86.1823-08(d)] will be used to determine if the 
appropriate amount of thermal aging of the catalyst has in fact 
occurred. Bench aging will be extended if the thermal effect of the 
calculated aging time is not at least 95% of the target thermal aging.

                        10. Startup and Shutdown

    Care should be taken to assure that the maximum catalyst temperature 
for rapid deterioration (e.g., 1050 [deg]C) does not occur during 
startup or shutdown. Special low temperature startup and shutdown 
procedures may be used to alleviate this concern.

[71 FR 2837, Jan. 17, 2006]



Sec. Appendix IX to Part 86--Experimentally Determining the R-Factor for 
                    Bench Aging Durability Procedures

    The R-Factor is the catalyst thermal reactivity coefficient used in 
the bench aging time (BAT) equation [Ref. Sec. 86.1826-08(d)(3)]. 
Manufacturers may determine the value of R experimentally using the 
following procedures.
    1. Using the applicable bench cycle and aging bench hardware, age 
several catalysts (minimum of 3 of the same catalyst design) at 
different control temperatures between the normal operating temperature 
and the damage limit temperature. Measure emissions (or catalyst 
inefficiency (1-catalyst efficiency)) for each constituent. Assure that 
the final testing yields data between one- and two-times the standard.
    2. Estimate the value of R and calculate the effective reference 
temperature (Tr) for the bench aging cycle for each control 
temperature according to the procedure described in Sec. 86.1826-
08(d)(4).
    3. Plot emissions (or catalyst inefficiency) versus aging time for 
each catalyst. Calculate the least-squared best-fit line through the 
data. For the data set to be useful for this purpose the data should 
have an approximately common intercept between 0 and 4000 miles. See the 
following graph for an example.
    4. Calculate the slope of the best-fit line for each aging 
temperature.
    5. Plot the natural log (ln) of the slope of each best-fit line 
(determined in step 4)

[[Page 613]]

along the vertical axis, versus the inverse of aging temperature (1/
(aging temperature, deg K)) along the horizontal axis, Calculate the 
least-squared best-fit lines through the data. The slope of the line is 
the R-factor. See the following graph for an example.
[GRAPHIC] [TIFF OMITTED] TR17JA06.068

    6. Compare the R-factor to the initial value that was used in Step 
2. If the calculated R-factor differs from the initial value by more 
than 5%, choose a new R-factor that is between the initial and 
calculated values, then repeat Steps 2-6 to derive a new R-factor. 
Repeat this process until the calculated R-factor is within 5% of the 
initially assumed R-factor.
    7. Compare the R-factor determined separately for each constituent. 
Use the lowest R-factor (worst case) for the BAT equation.

[[Page 614]]

[GRAPHIC] [TIFF OMITTED] TR17JA06.069


[71 FR 2837, Jan. 17, 2006]



  Sec. Appendix X to Part 86--Sampling Plans for Selective Enforcement 
          Auditing of Heavy-Duty Engines and Light-Duty Trucks

                   Table 1--Sampling Plan Code Letter
------------------------------------------------------------------------
                                                                   Code
                          Annual sales                            letter
------------------------------------------------------------------------
50-99..........................................................       A.
100-299........................................................       B.
300-499........................................................       C.
500 or greater.................................................       D.
------------------------------------------------------------------------


              Table 2--Sampling Plan for Code Letter ``A''
                      [Sample inspection criteria]
------------------------------------------------------------------------
   Stage       Pass No.    Fail No.      Stage     Pass No.    Fail No.
------------------------------------------------------------------------
        1        (\1\)        (\2\)          16           6          11
        2        (\1\)        (\2\)          17           7          12
        3        (\1\)        (\2\)          18           7          12
        4            0        (\2\)          19           8          13
        5            0        (\2\)          20           8          13
        6            1            6          21           9          14
        7            1            7          22          10          14
        8            2            7          23          10          15
        9            2            8          24          11          15
       10            3            8          25          11          16
       11            3            8          26          12          16
       12            4            9          27          12          17
       13            5           10          28          13          17
       14            5           10          29          14          17
       15            6           11          30          16          17
------------------------------------------------------------------------
\1\ Test sample passing not permitted at this stage.
\2\ Test sample failure not permitted at this stage.


              Table 3--Sampling Plan for Code Letter ``B''
                      [Sample Inspection Criteria]
------------------------------------------------------------------------
        Stage                 Pass No.                  Fail No.
------------------------------------------------------------------------
              1           (\1\ )                    (\2\ )
              2           (\1\ )                    (\2\ )
              3           (\1\ )                    (\2\ )
              4           (\1\ )                    (\2\ )
              5                0                    (\2\ )
              6                1                         6

[[Page 615]]

 
              7                1                         7
              8                2                         7
              9                2                         8
             10                3                         8
             11                3                         9
             12                4                         9
             13                4                        10
             14                5                        10
             15                5                        11
             16                6                        12
             17                6                        12
             18                7                        13
             19                8                        13
             20                8                        14
             21                9                        14
             22                9                        15
             23               10                        15
             24               10                        16
             25               11                        16
             26               11                        17
             27               12                        17
             28               12                        18
             29               13                        18
             30               13                        19
             31               14                        19
             32               14                        20
             33               15                        20
             34               16                        21
             35               16                        21
             36               17                        22
             37               17                        22
             38               18                        22
             39               18                        22
             40               21                        22
------------------------------------------------------------------------
\1\ Test sample passing not permitted at this stage.
\2\ Test sample failure not permitted at this stage.


              Table 4--Sampling Plan for Code Letter ``C''
                      [Sample Inspection Criteria]
------------------------------------------------------------------------
        Stage                 Pass No.                  Fail No.
------------------------------------------------------------------------
              1              [1]                       [2]
              2              [1]                       [2]
              3              [1]                       [2]
              4              [1]                       [2]
              5                0                       [2]
              6                0                         6
              7                1                         7
              8                2                         7
              9                2                         8
             10                3                         9
             11                3                         9
             12                4                        10
             13                4                        10
             14                5                        11
             15                5                        11
             16                6                        12
             17                6                        12
             18                7                        13
             19                7                        13
             20                8                        14
             21                8                        14
             22                9                        15
             23               10                        15
             24               10                        16
             25               11                        16
             26               11                        17
             27               12                        17
             28               12                        18
             29               13                        18
             30               13                        19
             31               14                        19
             32               14                        20
             33               15                        20
             34               15                        21
             35               16                        21
             36               16                        22
             37               17                        22
             38               18                        23
             39               18                        23
             40               19                        24
             41               19                        24
             42               20                        25
             43               20                        25
             44               21                        26
             45               21                        27
             46               22                        27
             47               22                        27
             48               23                        27
             49               23                        27
             50               26                        27
------------------------------------------------------------------------
\1\ Test sample passing not permitted at this stage.
\2\ Test sample failure not permitted at this stage.


              Table 5--Sampling Plan for Code Letter ``D''
                      [Sample Inspection Criteria]
------------------------------------------------------------------------
        Stage                 Pass No.                  Fail No.
------------------------------------------------------------------------
              1           (\1\ )                    (\2\ )
              2           (\1\ )                    (\2\ )
              3           (\1\ )                    (\2\ )
              4           (\1\ )                    (\2\ )
              5                0                    (\2\ )
              6                0                         6
              7                1                         7
              8                2                         8
              9                2                         8
             10                3                         9
             11                3                         9
             12                4                        10
             13                4                        10
             14                5                        11
             15                5                        11
             16                6                        12
             17                6                        12
             18                7                        13
             19                7                        13
             20                8                        14
             21                8                        14
             22                9                        15
             23                9                        15
             24               10                        16
             25               11                        16
             26               11                        17
             27               12                        17
             28               12                        18
             29               13                        19
             30               13                        19
             31               14                        20
             32               14                        20
             33               15                        21
             34               15                        21

[[Page 616]]

 
             35               16                        22
             36               16                        22
             37               17                        23
             38               17                        23
             39               18                        24
             40               18                        24
             41               19                        25
             42               19                        26
             43               20                        26
             44               21                        27
             45               21                        27
             46               22                        28
             47               22                        28
             48               23                        29
             49               23                        29
             50               24                        30
             51               24                        30
             52               25                        31
             53               25                        31
             54               26                        32
             55               26                        32
             56               27                        33
             57               27                        33
             58               28                        33
             59               28                        33
             60               32                        33
------------------------------------------------------------------------
\1\ Test sample passing not permitted at this stage.
\2\ Test sample failure not permitted at this stage.


[48 FR 1414, Jan. 12, 1983, as amended at 48 FR 52209, Nov. 16, 1983]



 Sec. Appendix XI to Part 86--Sampling Plans for Selective Enforcement 
                     Auditing of Light-Duty Vehicles

                                 40% AQL

                   Table 1--Sampling Plan Code Letter
------------------------------------------------------------------------
         Annual sales of configuration                 Code letter
------------------------------------------------------------------------
50-99.........................................  A
100-299.......................................  B
300-499.......................................  C
500 or greater................................  D
------------------------------------------------------------------------


          Table 2--Sampling Plan for Code Letter ``A'' 40% AQL
                      [Sample inspection criteria]
------------------------------------------------------------------------
                       Stage                         Pass No.   Fail No.
------------------------------------------------------------------------
1.................................................      (\1\)      (\2\)
2.................................................      (\1\)      (\2\)
3.................................................      (\1\)      (\2\)
4.................................................          0      (\2\)
5.................................................          0      (\2\)
6.................................................          1          6
7.................................................          1          7
8.................................................          2          7
9.................................................          2          8
10................................................          3          8
11................................................          3          9
12................................................          4          9
13................................................          5         10
14................................................          5         10
15................................................          6         11
16................................................          6         11
17................................................          7         12
18................................................          7         12
19................................................          8         13
20................................................          8         13
21................................................          9         14
22................................................         10         14
23................................................         10         15
24................................................         11         15
25................................................         11         16
26................................................         12         16
27................................................         12         17
28................................................         13         17
29................................................         14         17
30................................................         16         17
------------------------------------------------------------------------
\1\ Test sample passing not permitted at this stage.
\2\ Test sample failure not permitted at this stage.


          Table 3--Sampling Plan for Code Letter ``B'' 40% AQL
                      [Sample inspection criteria]
------------------------------------------------------------------------
                       Stage                         Pass No.   Fail No.
------------------------------------------------------------------------
1.................................................      (\1\)      (\2\)
2.................................................      (\1\)      (\2\)
3.................................................      (\1\)      (\2\)
4.................................................      (\1\)      (\2\)
5.................................................          0      (\2\)
6.................................................          1          6
7.................................................          1          7
8.................................................          2          7
9.................................................          2          8
10................................................          3          8
11................................................          3          9
12................................................          4          9
13................................................          4         10
14................................................          5         10
15................................................          5         11
16................................................          6         12
17................................................          6         12
18................................................          7         13
19................................................          8         13
20................................................          8         14
21................................................          9         14
22................................................          9         15
23................................................         10         15
24................................................         10         16
25................................................         11         16
26................................................         11         17
27................................................         12         17
28................................................         12         18
29................................................         13         18
30................................................         13         19
31................................................         14         19
32................................................         14         20
33................................................         15         20
34................................................         16         21
35................................................         16         21
36................................................         17         22
37................................................         17         22
38................................................         18         22
39................................................         18         22
40................................................         21         22
------------------------------------------------------------------------
\1\ Test sample passing not permitted at this stage.

[[Page 617]]

 
\2\ Test sample failure not permitted at this stage.


          Table 4--Sampling Plan for Code Letter ``C'' 40% AQL
                      [Sample inspection criteria]
------------------------------------------------------------------------
                       Stage                         Pass No.   Fail No.
------------------------------------------------------------------------
1.................................................     (\1\ )     (\2\ )
2.................................................     (\1\ )     (\2\ )
3.................................................     (\1\ )     (\2\ )
4.................................................     (\1\ )     (\2\ )
5.................................................          0     (\2\ )
6.................................................          0          6
7.................................................          1          7
8.................................................          2          7
9.................................................          2          8
10................................................          3          9
11................................................          3          9
12................................................          4         10
13................................................          4         10
14................................................          5         11
15................................................          5         11
16................................................          6         12
17................................................          6         12
18................................................          7         13
19................................................          7         13
20................................................          8         14
21................................................          8         14
22................................................          9         15
23................................................         10         15
24................................................         10         16
25................................................         11         16
26................................................         11         17
27................................................         12         17
28................................................         12         18
29................................................         13         18
30................................................         13         19
31................................................         14         19
32................................................         14         20
33................................................         15         20
34................................................         15         21
35................................................         16         21
36................................................         16         22
37................................................         17         22
38................................................         18         23
39................................................         18         23
40................................................         19         24
41................................................         19         24
42................................................         20         25
43................................................         20         25
44................................................         21         26
45................................................         21         27
46................................................         22         27
47................................................         22         27
48................................................         23         27
49................................................         23         27
50................................................         26         27
------------------------------------------------------------------------
\1\ Test sample passing not permitted at this stage.
\2\ Test sample failure not permitted at this stage.


          Table 5--Sampling Plan for Code Letter ``D'' 40% AQL
                      [Sample inspection criteria]
------------------------------------------------------------------------
                       Stage                         Pass No.   Fail No.
------------------------------------------------------------------------
1.................................................     (\1\ )     (\2\ )
2.................................................     (\1\ )     (\2\ )
3.................................................     (\1\ )     (\2\ )
4.................................................     (\1\ )     (\2\ )
5.................................................          0     (\2\ )
6.................................................          0          6
7.................................................          1          7
8.................................................          2          8
9.................................................          2          8
10................................................          3          9
11................................................          3          9
12................................................          4         10
13................................................          4         10
14................................................          5         11
15................................................          5         11
16................................................          6         12
17................................................          6         12
18................................................          7         13
19................................................          7         13
20................................................          8         14
21................................................          8         14
22................................................          9         15
23................................................          9         15
24................................................         10         16
25................................................         11         16
26................................................         11         17
27................................................         12         17
28................................................         12         18
29................................................         13         19
30................................................         13         19
31................................................         14         20
32................................................         14         20
33................................................         15         21
34................................................         15         21
35................................................         16         22
36................................................         16         22
37................................................         17         23
38................................................         17         23
39................................................         18         24
40................................................         18         24
41................................................         19         25
42................................................         19         26
43................................................         20         26
44................................................         21         27
45................................................         21         27
46................................................         22         28
47................................................         22         28
48................................................         23         29
49................................................         23         29
50................................................         24         30
51................................................         24         30
52................................................         25         31
53................................................         25         31
54................................................         26         32
55................................................         26         32
56................................................         27         33
57................................................         27         33
58................................................         28         33
59................................................         28         33
60................................................         32         33
------------------------------------------------------------------------
\1\ Test sample passing not permitted at this stage.
\2\ Test sample failure not permitted at this stage.


[49 FR 48485, Dec. 12, 1984]

[[Page 618]]



Sec. Appendix XII to Part 86--Tables for Production Compliance Auditing 

  of Heavy-Duty Engines and Heavy-Duty Vehicles, Including Light-Duty 

                                 Trucks

 Table 1--Compliance Level Determination Using the Primary PCA Sampling
                                  Plan
------------------------------------------------------------------------
                                                              Compliance
                                                               level \2\
------------------------------------------------------------------------
PCA test sample size.\1\
    24......................................................          15
    25......................................................          15
    26......................................................          16
    27......................................................          17
    28......................................................          17
    29......................................................          18
    30......................................................          18
    31......................................................          19
    32......................................................          20
    33......................................................          20
    34......................................................          21
    35......................................................          21
    36......................................................          22
    37......................................................          23
    38......................................................          23
    39......................................................          24
    40......................................................          24
    41......................................................          25
    42......................................................          26
    43......................................................          26
    44......................................................          27
    45......................................................          27
    46......................................................          28
    47......................................................          29
    48......................................................          29
    49......................................................          30
    50......................................................          30
    51......................................................          31
    52......................................................          32
    53......................................................          32
    54......................................................          33
    55......................................................          33
    56......................................................          34
    57......................................................          35
    58......................................................          35
    59......................................................          36
    60......................................................          36
------------------------------------------------------------------------
\1\ Including the number of SEA tests if applicable.
\2\ Is the test result of the sequence number: (The lowest test result
  is sequence No. 1).


      Table 2--Values of K for the Reduced Fixed PCA Sampling Plan
------------------------------------------------------------------------
                                                              Value of K
------------------------------------------------------------------------
Sample size:
    3.......................................................       1.602
    4.......................................................       1.114
    5.......................................................       0.895
    6.......................................................       0.764
    7.......................................................       0.674
    8.......................................................       0.608
    9.......................................................       0.555
    10......................................................       0.513
    11......................................................       0.478
    12......................................................       0.448
    13......................................................       0.422
    14......................................................       0.399
    15......................................................       0.379
    16......................................................       0.360
    17......................................................       0.343
    18......................................................       0.328
    19......................................................       0.314
    20......................................................       0.301
    21......................................................       0.289
    22......................................................       0.277
    23......................................................       0.266
------------------------------------------------------------------------


    Table 3--Values of K for the Reduced Sequential PCA Sampling Plan
------------------------------------------------------------------------
                                                              Value of K
------------------------------------------------------------------------
Sample size:
    4.......................................................       1.671
    8.......................................................       0.912
    12......................................................       0.672
    16......................................................       0.540
    20......................................................       0.451
------------------------------------------------------------------------


[50 FR 35401, Aug. 30, 1985]



   Sec. Appendix XIII to Part 86--State Requirements Incorporated by 
         Reference in Part 86 of the Code of Federal Regulations

    The following is an informational list of the California regulatory 
requirements applicable to the National Low Emission Vehicle program 
(October, 1996) incorporated by reference in part 86 of the Code of 
Federal Regulations (see Sec. 86.1).

                      California State Regulations

    (a) State of California; Air Resources Board: California Assembly-
Line Test Procedures for 1983 Through 1997 Model-Year Passenger Cars, 
Light-Duty Trucks and Medium-Duty Vehicles, adopted November 24, 1981, 
amended June 24, 1996.
    (b) State of California; Air Resources Board: California Assembly-
Line Test Procedures for 1998 and Subsequent Model-Year Passenger Cars, 
Light-Duty Trucks and Medium-Duty Vehicles, adopted June 24, 1996.
    (c) California Code of Regulations, Title 13, Division 3, Sections 
2108, 2109, 2110.
    (d) State of California; Air Resources Board: California Exhaust 
Emission Standards and Test Procedures for 1988 and Subsequent Model 
Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, adopted May 
20, 1987, amended June 24, 1996, Section 9.a.
    (e) State of California; Air Resources Board: California Non-Methane 
Organic Gas Test Procedures, adopted July 12, 1991, amended June 24, 
1996.
    (f) State of California; Air Resources Board: Regulations Regarding 
Malfunction and Diagnostic System Requirements--1994

[[Page 619]]

and Later Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles 
and Engines (OBD II), California Mail Out 95-34, September 26, 
1995, excluding paragraphs (d), (m)(4), and (m)(5).
    (g) State of California; Air Resources Board: California Motor 
Vehicle Emission Control Label Specifications, adopted March 1, 1978, 
amended June 24, 1996, excluding paragraphs 2(b), 3.5, and 10.

[62 FR 31264, June 6, 1997]



  Sec. Appendix XIV to Part 86--Determination of Acceptable Durability 

   Test Schedule for Light-Duty Vehicles and Light Light-Duty Trucks 

           Certifying to the Provisions of Part 86, Subpart R

    A manufacturer may determine mileage test intervals for durability-
data vehicles subject to the conditions specified in Sec. 86.1726. The 
following procedure shall be used to determine if the schedule is 
acceptable to the Administrator:
    1. Select exhaust system mileage test points and maintenance mileage 
test points for proposed (prop) schedule.
    2. Calculate the sums of the squares corrected to the mean of the 
system mileages at the proposed test points:

Aprop = [[sum3](Xp)\2\ - (([sum3]Xp)\2\ 
/ Np))prop

Where:

Xp = Individual mileages at which the vehicle will be tested.
Np = Total number of tests (including before and after 
maintenance tests).

(Subscript ``p'' refers to proposed test schedule).

    3. Determine exhaust system mileage test points and maintenance 
mileage test points based on testing at five thousand mile intervals 
from 5,000 miles through the final testing point and maintenance mileage 
test points selected for the proposed schedule in step 1 of this 
appendix. This schedule will be designated as the standard (std) test 
schedule.
    4. Calculate the sums of squares corrected to the mean of the 
standard schedule:

Bstd=[[sum3](Xs)\2\-(([sum3]Xs)\2\/
Ns))std

Where:
Xs = Individual mileages at which the vehicle will be tested.
Ns = Total number of tests (including before and after 
maintenance).

(Subscript ``s'' refers to standard test schedule).
    5. Refer to table I and determine tp at (Np - 
2)prop degrees of freedom and ts at (Ns 
- 2)std.
    6. If (Aprop)1/2=tp/
tsx(Bstd)1/2 the proposed plan is 
acceptable.

                         Table I to Appendix XIV
------------------------------------------------------------------------
                    Degrees of freedom (N-2)                        t
------------------------------------------------------------------------
1..............................................................    6.314
2..............................................................    2.920
3..............................................................    2.353
4..............................................................    2.132
5..............................................................    2.015
6..............................................................    1.943
7..............................................................    1.895
8..............................................................    1.860
9..............................................................    1.833
10.............................................................    1.812
11.............................................................    1.796
12.............................................................    1.782
13.............................................................    1.771
14.............................................................    1.761
15.............................................................    1.753
16.............................................................    1.746
17.............................................................    1.740
18.............................................................    1.734
19.............................................................    1.729
20.............................................................    1.725
21.............................................................    1.721
22.............................................................    1.717
23.............................................................    1.714
24.............................................................    1.711
25.............................................................    1.708
------------------------------------------------------------------------


[62 FR 31264, June 6, 1997]



  Sec. Appendix XV to Part 86--Procedure for Determining an Acceptable 

  Exhaust Regeneration Durability-Data Test Schedule for Diesel Cycle 

 Vehicles Equipped With Periodically Regenerating Trap Oxidizer Systems 

           Certifying to the Provisions of Part 86, Subpart R

    1. Select exhaust system mileage test points for proposed (prop) 
schedule.
    2. Calculate the sums of the squares corrected to the mean of the 
system mileages at the proposed test points:

Aprop = [[sum3](Xp)\2\ - (([sum3]Xp)\2\ 
/ Np))prop

Where:

Xp = Individual mileages at which the vehicle will be tested.
Np = Total number of tests (including before and after 
maintenance tests).

(Subscript ``p'' refers to proposed test schedule).

    3. The exhaust system mileage tests points at 5,000, 25,000, 50,000, 
75,000, and 100,000 miles will be designated as the standard (std) test 
schedule.
    4. Calculate the sums of square corrected to the mean of the 
standard tests schedule:

Bstd = [[sum3](Xs)\2\ - (([sum3]Xs)\2\ 
/ Ns))std

Where:

Xs = Individual mileages at which the vehicle will be tested.

[[Page 620]]

Ns = Total number of regeneration emission tests.

(Subscript ``s'' refers to standard test schedule)

    5. Refer to table I and determine tp at (Np - 
2)prop degrees of freedom and ts at (Ns 
- 2)std degrees of freedom.
    6. If (Aprop)1/2 = tp / 
ts x (Bstd)1/2 the proposed plan is 
acceptable.

                         Table I to Appendix XV
------------------------------------------------------------------------
                    Degrees of freedom (N-2)                        t
------------------------------------------------------------------------
1..............................................................    6.314
2..............................................................    2.920
3..............................................................    2.353
4..............................................................    2.132
5..............................................................    2.015
6..............................................................    1.943
7..............................................................    1.895
8..............................................................    1.860
9..............................................................    1.833
10.............................................................    1.812
11.............................................................    1.796
12.............................................................    1.782
13.............................................................    1.771
14.............................................................    1.761
15.............................................................    1.753
------------------------------------------------------------------------


[62 FR 31264, June 6, 1997]



   Sec. Appendix XVI to Part 86--Pollutant Mass Emissions Calculation 

  Procedure for Gaseous-Fueled Vehicles and for Vehicles Equipped With 

   Periodically Regenerating Trap Oxidizer Systems Certifying to the 

                    Provisions of Part 86, Subpart R

    (a) Gaseous-Fueled Vehicle Pollutant Mass Emission Calculation 
Procedure.
    (1) For all TLEVs, LEVs, and ULEVs, the calculation procedures 
specified in Chapter 5 of the California Regulatory Requirements 
Applicable to the National Low Emission Vehicle Program (October, 1996) 
shall apply. These procedures are incorporated by reference (see Sec. 
86.1).
    (b) Pollutant Mass Emissions Calculation Procedure for Vehicles 
Equipped with Periodically Regenerating Trap Oxidizer Systems.
    (1) Exhaust Emissions. (i) The provisions of Sec. 86.1777 apply to 
vehicles equipped with periodically regenerating trap oxidizer systems, 
except that the following shall apply instead of the requirements in 
Sec. 86.144-94(a):
    (ii) The final reported test results shall be computed by the use of 
the following formula:
    (iii) For light-duty vehicles and light-duty trucks:

Ywm = 0.43 ((Yct + Ys) / (Dct + Ds)) + 0.57 ((Yht + Ys) / 
(Dht + Ds)).

    (iv) For purposes of adjusting emissions for regeneration:

Re = ((Yr1 - Yct) + (Yr2 - Ys) + (Yr3 - Yht)) / (Dct + Ds + Dht).
Yr = Ywm + Re.

Where:

Ywm = Weighted mass emissions of each pollutant, i.e., HC, CO, 
NOX or CO , in grams per vehicle mile.
Yct = Mass emissions as calculated from the ``transient'' phase of the 
cold start test, in grams per test phase.
Yht = Mass emissions as calculated from the ``transient'' phase of the 
hot start test in grams per test phase.
Ys = Mass emissions as calculated from the ``stabilized'' phase of the 
cold start test, in grams per test phase.
Dct = The measured driving distance from the ``transient'' phase of the 
cold start test, in miles.
Dht = The measured distance from the ``transient'' phase of the hot 
start test, in miles.
Ds = The measured driving distance from the ``stabilized'' phase of the 
cold start test, in miles.
Yr = Regeneration emission test.
Re = Mass emissions of each pollutant attributable to regeneration in 
grams per mile.
Yr1 = Mass emissions, during a regeneration emission test, as calculated 
from the ``transient'' phase of the cold start test, in grams per test 
phase.
Yr2 = Mass emissions, during a regeneration emission test, as calculated 
from the ``stabilized'' phase of the cold start test, in grams per test 
phase.
Yr3 = Mass emissions, during a regeneration emission test, as calculated 
from the ``transient'' phase of the hot start test in grams per test 
phase.
    (2) Particulate Emissions. (i) The provisions of Sec. 86.1778 apply 
to vehicles equipped with periodically regenerating trap oxidizer 
systems, except that the following shall apply instead of the 
requirements Sec. 86.145-82(a):
    (ii) The final reported test results for the mass particulate (Mp) 
in grams/mile shall be computed as follows.
    (iii) For purposes of adjusting emissions for regeneration:

Mp = 0.43(Mp1 + Mp2) / (Dct + Ds) + 0.57 (Mp3 + Mp2) / (Dht + Ds)
Re = ((Mpr1 - Mp1) + (Mpr2 - Mp2) + (Mpr3 - Mp3) / (Dct + Ds + Dht)
Mpr = Mp + Re

Where:

(1) Mp1 = Mass of particulate determined from the ``transient'' phase of 
the cold start test, in grams per test phase. (See Sec. 86.110-94(d)(1) 
for determination.)

[[Page 621]]

(2) Mp2 = Mass of particulate determined from the ``stabilized'' phase 
of the cold start test, in grams per test phase. (See Sec. 86.110-
94(d)(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. 86.110-94(d)(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.
(7) Mpr = Regeneration emission test
(8) Re = Mass of particulate attributable to regeneration in grams/mile.
(9) Mpr1 = Mass of particulate determined, during a regeneration 
emission test, from the ``transient'' phase of the cold start test in 
grams per test phase. (See Sec. 86.110-94(d)(1) for determination.)
(10) Mpr2 = Mass of particulate determined, during a regeneration 
emission test, from ``stabilized'' phase of the cold start test, in 
grams per test phase. (See Sec. 86.110-94(d)(1) for determination.)
(11) Mpr3 = Mass of particulate determined, during a regeneration 
emission test, from the ``transient'' phase of the hot start test, in 
grams per test phase. (See Sec. 86.110-94(d)(1) for determination.)

    (c) Fuel Economy Calculations for Gaseous Fuels Based on the Cold 
Start CVS-1975 Federal Test Procedure.
    (1) Assume the fuel meets HD-5 specifications (95% 
C3H8, 5% nC4H10, by volume).
    (i) Physical constants of Propane and Normal Butane:

------------------------------------------------------------------------
                                                                 Liquid
                                    Liquid                      density
                Mol.                density                     of Hd-5
  Component      Wt.    Sp. Gr.    (lb/gal @                   (lb/gal @
                                  60 [deg]F)                       60
                                                                [deg]F)
------------------------------------------------------------------------
C3H8           44.094      0.508      4.235    x     0.95   =     4.0233
nC4H10         58.12       0.584      4.868    x     0.05   =     0.2434
               ......  .........  ..........  ...  .......  .     ------
               ......  .........  ..........  ...  .......  .     4.2667
------------------------------------------------------------------------

    (ii) Density of the HD-5 fuel:

(0.95 x 4.235) + (0.05 x 4.868) = 4.267 lb/gal @ 60 [deg]F

    (iii) Molecular Weights:
    (A)

------------------------------------------------------------------------
                          Species                              Mol. Wt.
------------------------------------------------------------------------
C..........................................................     12.01115
H..........................................................      1.00797
0..........................................................      15.9994
CO.........................................................     28.01055
CO2........................................................     44.00995
CH2.658*...................................................      14.6903
------------------------------------------------------------------------
* Average ratio of Hydrogen to carbon atoms in HD-5 fuel.

    (B)

 
 
------------------------------------------------------------------------
C3H8        8/3       =      2.666x0.95 (% propane)       =     2.533
nC4H10      10/4      =      2.5x0.05 (% Butane)          =     0.125
                                                               ---------
            ........  .....  ...........................  ....  2.568
------------------------------------------------------------------------

    (iv) Weight of Carbon in:

CO = wt. of CO x (12.01115 / 28.01055) = wt CO x (0.429)
CO2 = wt. of CO2 x (12.01115 / 44.00995) wt 
CO2 x (0.273)
CH2.658 = wt. of CH2.658 x (12.01115 / 14.6903) = 
wt CH2.658 x (0.818)

    (v) Wt. of Carbon per gallon of LPG:

wt. of carbon = 4.2667 lbs/gal x 453.59 gms/lb x 0.818 = 1583 grams C/
gal HD-5

    (vi) Fuel economy:
    [GRAPHIC] [TIFF OMITTED] TR06JN97.001
    
    [GRAPHIC] [TIFF OMITTED] TR06JN97.002
    
Where:

HC = CVS HC in grams/mile
CO = CVS CO in grams/mile
CO2 = CVS CO2 in grams/mile
For gasoline:
= 2421 / ((0.866)(HC) + (0.429)(CO) + (0.273)(CO2))
For Natural Gas:
= 1535 / ((0.759)(HC) + (0.429)(CO) + (0.273)(CO2))

[62 FR 31265, June 6, 1997]



    Sec. Appendix XVII to Part 86--Procedure for Determining Vehicle 

Emission Control Technology Category/Fuel Reactivity Adjustment Factors 

 for Light-Duty Vehicles and Light Light-Duty Trucks Certifying to the 

                    Provisions of Part 86, Subpart R

    The following procedure shall be used by the Administrator to 
establish the reactivity adjustment factor for exhaust emissions of non-
methane organic gases (NMOG) and establish the ``methane reactivity 
adjustment factor'' for exhaust methane emissions from

[[Page 622]]

natural gas vehicles, for the purpose of certifying a vehicle of 
specific emission control technology category and fuel for the National 
LEV program provisions of subpart R of this part.
    (a) The Administrator shall determine representative speciated NMOG 
exhaust emission profiles for light-duty conventional gasoline-fueled 
TLEVs, LEVs, and ULEVs according to the following conditions:
    (1) All testing will be conducted using a specified gasoline blend 
representative of commercial gasoline and having the specifications 
listed in Sec. 86.1771.
    (2) Speciated NMOG profiles shall be obtained from a statistically 
valid number of TLEVs, LEVs, and ULEVs.
    (3) The speciated NMOG profiles shall identify and quantify, in 
units of g/mile or mg/mile, as many constituents as possible in 
accordance with the procedures specified in Chapter 5 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).
    (b) The ``g ozone potential per mile'' of each NMOG identified in 
the speciated profile shall be determined by multiplying the ``g/mile 
NMOG'' emission value of the constituent NMOG by its maximum incremental 
reactivity in paragraph (j) of this appendix.
    (c) The ``total g ozone potential per mile'' of NMOG exhaust 
emissions from the vehicle/fuel system shall be the sum of all the 
constituent NMOG ``g ozone potential per mile'' values calculated in 
paragraph (b) of this appendix.
    (d) The ``g ozone potential per g NMOG'' for the vehicle/fuel system 
shall be determined by dividing the ``total g ozone potential per mile'' 
value calculated in paragraph (c) of this appendix by the ``total g/mile 
of NMOG emissions''.
    (e) For light-duty candidate vehicle/fuel systems not powered by 
conventional gasoline, the Administrator shall establish ``reactivity 
adjustment factors'' calculated from exhaust emission profiles derived 
according to the same conditions specified in paragraphs (a)(1) and 
(a)(2) of this appendix.
    (f) The ``g ozone potential per g NMOG'' for candidate vehicle/fuel 
systems not powered by conventional gasoline shall be determined 
according to paragraphs (b), (c), and (d) of this appendix.
    (g)(1) The candidate vehicle/fuel ``reactivity adjustment factor'' 
shall be determined by dividing the ``g ozone potential per g NMOG'' 
calculated in paragraph (f) of this appendix by the ``g ozone potential 
per g NMOG'' value for the vehicle in the same emission control 
technology category operated on conventional gasoline. The ``g ozone 
potential per g NMOG'' values for conventional gasoline vehicles are 
listed in Sec. 86.1777(b)(5) or shall be established by the 
Administrator pursuant to this appendix. For candidate vehicle/fuel 
systems powered by methanol or liquefied petroleum gas, the quotient 
calculated above shall be multiplied by 1.1. The resulting value shall 
constitute the ``reactivity adjustment factor'' for the methanol or 
liquefied petroleum gas-powered vehicle/fuel system.
    (2) For candidate vehicle/fuel systems operating on natural gas, a 
``methane reactivity adjustment factor'' shall be calculated by dividing 
the maximum incremental reactivity value for methane given in paragraph 
(j) of this appendix by the ``g ozone potential per g NMOG'' value for 
the vehicle in the same emission control technology category operated on 
conventional gasoline as listed in Sec. 86.1777(b)(5) or established by 
the Administrator pursuant to this appendix.
    (h) The Administrator shall assign a reactivity adjustment factor 
unique to a specific engine family at the request of a vehicle 
manufacturer provided that each of the following occurs:
    (1)(i) The manufacturer submits speciated NMOG exhaust emission 
profiles to the Administrator obtained from emission testing a minimum 
of four different vehicles representative of vehicles that will be 
certified in the engine family. The test vehicles shall include the 
official emission-data vehicle(s) for the engine family, and the mileage 
accumulation of each vehicle shall be at or greater than 4000 miles. One 
speciated profile shall be submitted for each test vehicle. Emission 
levels of each constituent NMOG shall be measured according to Chapter 5 
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). For the emission-data 
vehicle(s), the speciated profile(s) shall be obtained from the same 
test used to obtain the official exhaust emission test results for the 
emission-data vehicle at the 4,000 mile test point. The manufacturer 
shall calculate ``g ozone potential per g NMOG'' values for each 
speciated NMOG exhaust emission profile in accordance with the 
procedures specified in paragraphs (b), (c), and (d) of this appendix. 
By using these ``g ozone potential per g NMOG'' values, the manufacturer 
shall calculate a ``reactivity adjustment factor'' for each test vehicle 
in accordance with the procedure specified in paragraph (g) of this 
appendix. A ``reactivity adjustment factor'' for the engine family shall 
be calculated by taking the arithmetic mean of the ``reactivity 
adjustment factor'' obtained for each test vehicle. The 95 percent upper 
confidence bound (95% UCB) shall be calculated according to the 
equation:

[[Page 623]]

[GRAPHIC] [TIFF OMITTED] TR06JN97.003

Where:

RAFm = mean ``reactivity adjustment factor'' calculated for 
the engine family.
RAFi = ``reactivity adjustment factor'' calculated for the 
i'th test vehicle.
n = number of test vehicles.

    (ii) The 95 percent upper confidence bound of the ``reactivity 
adjustment factor'' for the engine family shall be less than or equal to 
115 percent of the engine family ``reactivity adjustment factor.''
    (2) The manufacturer submits an ``ozone deterioration factor'' for 
the engine family. To determine the ``ozone deterioration factor,'' the 
manufacturer shall perform two tests at each mileage interval for one or 
more durability vehicle(s) tested in accordance with the procedures and 
conditions specified in subpart R of this part for calculating mass 
deterioration factors. The Administrator shall approve the use of other 
mileage intervals and procedures if the manufacturer can demonstrate 
that equivalently representative ``ozone deterioration factors'' are 
obtained. One speciated profile shall be submitted for each test. 
Emission levels of each constituent NMOG shall be measured according to 
Chapter 5 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). A mean g/mi NMOG mass 
value and a mean ``g ozone per g NMOG'' value shall be calculated by 
taking the arithmetic mean of each measurement from the speciated 
profiles. These results shall be multiplied together to obtain a mean 
``total g ozone potential per mile'' value at each mileage interval. A 
mean ``ozone deterioration factor'' shall be calculated in accordance 
with the procedures in Sec. 86.1777 and this appendix except that the 
mean total ``g ozone potential per mile'' value determined at each 
mileage interval shall be used in place of measured mass emissions. If 
the ``ozone deterioration factor'' is determined to be less than 1.00, 
the ``ozone deterioration factor'' shall be assigned a value of 1.00. 
The ``ozone deterioration factor'' shall be multiplied by the product of 
the official exhaust NMOG mass emission results at the 4000 mile test 
point and the mean ``reactivity adjustment factor'' for the engine 
family to obtain the NMOG certification levels used to determine 
compliance with the NMOG emission standards.
    (3) The speciated profiles, mean ``reactivity adjustment factor'' 
for the engine family, and ``ozone deterioration factor'' are provided 
to the Administrator with the certification application for the engine 
family.
    (i) Gasoline meeting the specifications listed in the following 
tables shall be used to determine the ``g ozone potential per g NMOG'' 
of conventional gasoline (the test methods used for each fuel property 
shall be the same as the test method for the identical fuel property 
listed in Sec. 86.1771):

------------------------------------------------------------------------
                       Fuel property                            Limit
------------------------------------------------------------------------
Sulfur, ppm by weight......................................   300                        Compound               MIR
------------------------------------------------------------------------
                                Alcohols
------------------------------------------------------------------------
00067-56-1....................  methanol.......................   0.56
 00064-17-5...................  ethanol........................   1.34
------------------------------------------------------------------------
   Light End and Mid-Range Hydrocarbons (Listed in approximate elution
                                 order)
------------------------------------------------------------------------
                                methane........................   0.0148
00074-85-1....................  ethene.........................   7.29
00074-86-2....................  ethyne.........................   0.50
00074-84-0....................  ethane.........................   0.25
00115-07-1....................  propene........................   9.40
00074-98-6....................  propane........................   0.48
00463-49-0....................  1,2-propadiene.................  10.89
00074-99-7....................  1-propyne......................   4.10
00075-28-5....................  methylpropane..................   1.21
00115-11-7....................  2-methylpropene................   5.31

[[Page 624]]

 
00106-98-9....................  1-butene.......................   8.91
00106-99-0....................  1,3-butadiene..................  10.89
00106-97-8....................  n-butane.......................   1.02
00624-64-6....................  trans-2-butene.................   9.94
00463-82-1....................  2,2-dimethylpropane............   0.37
00107-00-6....................  1-butyne.......................   9.24
00590-18-1....................  cis-2-butene...................   9.94
00563-45-1....................  3-methyl-1-butene..............   6.22
00078-78-4....................  2-methylbutane.................   1.38
00503-17-3....................  2-butyne.......................   9.24
00109-67-1....................  1-pentene......................   6.22
00563-46-2....................  2-methyl-1-butene..............   4.90
00109-66-0....................  n-pentane......................   1.
00078-79-5....................  2-methyl-1,3-butadiene.........   9.08
00646-04-8....................  trans-2-pentene................   8.80
00558-37-2....................  3,3-dimethyl-1-butene..........   4.42
00627-20-3....................  cis-2-pentene..................   8.80
00689-97-4....................  1-buten-3-yne..................   9.24
00513-35-9....................  2-methyl-2-butene..............   6.41
00542-92-7....................  1,3-cyclopentadiene............   7.66
00075-83-2....................  2,2-dimethylbutane.............   0.82
00142-29-0....................  cyclopentene...................   7.66
00691-37-2....................  4-methyl-1-pentene.............   4.42
00760-20-3....................  3-methyl-1-pentene.............   4.42
00287-92-3....................  cyclopentane...................   2.38
00079-29-8....................  2,3-dimethylbutane.............   1.07
01634-04-4....................  1-methyl-tert-butyl-ether......   0.62
00691-38-3....................  4-methyl-cis-2-pentene.........   6.69
00107-83-5....................  2-methylpentane................   1.53
00674-76-0....................  4-methyl-trans-2-pentene.......   6.69
00096-14-0....................  3-methylpentane................   1.52
00763-29-1....................  2-methyl-1-pentene.............   4.42
00592-41-6....................  1-hexene.......................   4.42
00110-54-3....................  n-hexane.......................   0.98
13269-52-8....................  trans-3-hexene.................   6.69
07642-09-3....................  cis-3-hexene...................   6.69
04050-45-7....................  trans-2-hexene.................   6.69
00616-12-6....................  3-methyl-trans-2-pentene.......   6.69
00625-27-4....................  2-methyl-2-pentene.............   6.69
01120-62-3....................  3-methylcyclopentene...........   5.65
07688-21-3....................  cis-2-hexene...................   6.69
00637-92-3....................  1-ethyl-tert-butyl-ether.......   1.98
00922-62-3....................  3-methyl-cis-2-pentene.........   6.69
00590-35-2....................  2,2-dimethylpentane............   1.40
00096-37-7....................  methylcyclopentane.............   2.82
00108-08-7....................  2,4-dimethylpentane............   1.78
00464-06-2....................  2,2,3-trimethylbutane..........   1.32
07385-78-6....................  3,4-dimethyl-1-pentene.........   3.48
00693-89-0....................  1-methylcyclopentene...........   7.66
00071-43-2....................  benzene........................   0.42
03404-61-3....................  3-methyl-1-hexene..............   3.48
00562-49-2....................  3,3-dimethylpentane............   0.71
00110-82-7....................  cyclohexane....................   1.28
00591-76-4....................  2-methylhexane.................   1.08
00565-59-3....................  2,3-dimethylpentane............   1.51
00110-83-8....................  cyclohexene....................   5.67
00589-34-4....................  3-methylhexane.................   1.40
02532-58-3....................  cis-1,3-dimethylcyclopentane...   2.55
00617-78-7....................  3-ethylpentane.................   1.40
00822-50-4....................  trans-1,2-dimethylcyclopentane.   1.85
00592-76-7....................  1-heptene......................   3.48
00540-84-1....................  2,2,4-trimethylpentane.........   0.93
14686-14-7....................  trans-3-heptene................   5.53
00142-82-5....................  n-heptane......................   0.81
02738-19-4....................  2-methyl-2-hexene..............   5.53
03899-36-3....................  3-methyl-trans-3-hexene........   5.53
14686-13-6....................  trans-2-heptene................   5.53
00816-79-5....................  3-ethyl-2-pentene..............   5.53
00107-39-1....................  2,4,4-trimethyl-1-pentene......   2.69
10574-37-5....................  2,3-dimethyl-2-pentene.........   5.53
06443-92-1....................  cis-2-heptene..................   5.53
00108-87-2....................  methylcyclohexane..............   1.85
00590-73-8....................  2,2-dimethylhexane.............   1.20
00107-40-4....................  2,4,4-trimethyl-2-pentene......   5.29
01640-89-7....................  ethylcyclopentane..............   2.31
00592-13-2....................  2,5-dimethylhexane.............   1.63
00589-43-5....................  2,4-dimethylhexane.............   1.50
00563-16-6....................  3,3-dimethylhexane.............   1.20
00565-75-3....................  2,3,4-trimethylpentane.........   1.60
00560-21-4....................  2,3,3-trimethylpentane.........   1.20
00108-88-3....................  toluene........................   2.73
00584-94-1....................  2,3-dimethylhexane.............   1.32
00592-27-8....................  2-methylheptane................   0.96
00589-53-7....................  4-methylheptane................   1.20
00589-81-1....................  3-methylheptane................   0.99
15890-40-1....................  (1a,2a,3b) -1,2,3-                1.94
                                 trimethylcyclopentane.
00638- -0.....................  cis-1,3-dimethylcyclohexane....   1.94
02207- -7.....................  trans-1,4-dimethylcyclohexane..   1.94
03522-94-9....................  2,2,5-trimethylhexane..........   0.97
00111-66-0....................  1-octene.......................   2.69
14850-23-8....................  trans-4-octene.................   5.29
00111-65-9....................  n-octane.......................   0.61
13389-42-9....................  trans-2-octene.................   5.29
02207-03-6....................  trans-1,3-dimethylcyclohexane..   1.94
07642- -8.....................  cis-2-octene...................   5.29
01069-53-0....................  2,3,5-trimethylhexane..........   1.14
02213-23-2....................  2,4-dimethylheptane............   1.34
02207-01-4....................  cis-1,2-dimethylcyclohexane....   1.94
01678-91-7....................  ethylcyclohexane...............   1.94
00926-82-9....................  3,5-dimethylheptane............   1.14
00100-41-4....................  ethylbenzene...................   2.70
03074-71-3....................  2,3-dimethylheptane............   1.14
00108-38-3....................  m-&p-xylene....................   7.64
02216-34-4....................  4-methyloctane.................   1.14
03221-61-2....................  2-methyloctane.................   1.14
02216-33-3....................  3-methyloctane.................   1.14
00100-42-5....................  styrene(ethenylbenzene)........   2.22
00095-47-6....................  o-xylene.......................   6.46
00124-11-8....................  1-nonene.......................   2.23
00111-84-2....................  n-nonane.......................   0.54
00098-82-8....................  (1-methylethyl)benzene.........   2.24
15869-87-1....................  2,2-dimethyloctane.............   1.01
04032-94-4....................  2,4-dimethyloctane.............   1.01
00103-65-1....................  n-propylbenzene................   2.12
00620-14-4....................  1-methyl-3-ethylbenzene........   7.20
00622-96-8....................  1-methyl-4-ethylbenzene........   7.20
00108-67-8....................  1,3,5-trimethylbenzene.........  10.12
00611-14-3....................  1-methyl-2-ethylbenzene........   7.20
00095-63-6....................  1,2,4-trimethylbenzene.........   8.83
00124-18-5....................  n-decane.......................   0.47
00538-93-2....................  (2-methylpropyl)benzene........   1.87
00135-98-8....................  (1-methylpropyl)benzene........   1.89
00535-77-3....................  1-methyl-3-(1-                    6.45
                                 methylethyl)benzene.
00526-73-8....................  1,2,3-trimethylbenzene.........   8.85
00099-87-6....................  1-methyl-4-(1-                    6.45
                                 methylethyl)benzene.
00496-11-7....................  2,3-dihydroindene(indan).......   1.06
00527-84-4....................  1-methyl-2-(1-                    6.45
                                 methylethyl)benzene.
00141-93-5....................  1,3-diethylbenzene.............   6.45
00105-05-5....................  1,4-diethylbenzene.............   6.45
01074-43-7....................  1-methyl-3-n-propylbenzene.....   6.45
01074-55-1....................  1-methyl-4-n-propylbenzene.....   6.45
00135-01-3....................  1,2-diethylbenzene.............   6.45
01074-17-5....................  1-methyl-2-n-propylbenzene.....   6.45
01758-88-9....................  1,4-dimethyl-2-ethylbenzene....   9.07

[[Page 625]]

 
00874-41-9....................  1,3-dimethyl-4-ethylbenzene....   9.07
00934-80-5....................  1,2-dimethyl-4-ethylbenzene....   9.07
02870-04-4....................  1,3-dimethyl-2-ethylbenzene....   9.07
01120-21-4....................  n-undecane(hendecane)..........   0.42
00933-98-2....................  1,2-dimethyl-3-ethylbenzene....   9.07
00095-93-2....................  1,2,4,5-tetramethylbenzene.....   9.07
03968-85-2....................  (2-methylbutyl)benzene.........   1.07
00527-53-7....................  1,2,3,5-tetramethylbenzene.....   9.07
01074-92-6....................  1-(1,1-dimethylethyl)-2-          5.84
                                 methylbenzene.
00488-23-3....................  1,2,3,4-tetramethylbenzene.....   9.07
00538-68-1....................  n-pentylbenzene................   1.70
00098-19-1....................  1-(1,1-dimethylethyl)-3,5-        7.50
                                 DMbenzene.
00091-20-3....................  naphthalene....................   1.18
00112-40-3....................  n-dodecane.....................   0.38
------------------------------------------------------------------------
                           Carbonyl Compounds
------------------------------------------------------------------------
00050-00-0....................  formaldehyde...................   7.15
00075-07-0....................  acetaldehyde...................   5.52
00107-02-8....................  acrolein.......................   6.77
00067-64-1....................  acetone........................   0.56
00123-33-6....................  propionaldehyde................   6.53
00123-72-8....................  butyraldehyde..................   5.26
00066-25-1....................  hexanaldehyde..................   3.79
00100-52-7....................  benzaldehyde...................  -0.55
00078-93-3....................  methyl ethyl ketone (2-           1.18
                                 butanone).
00078-85-3....................  methacrolein...................   6.77
04170-30-3....................  crotonaldehyde.................   5.42
00110-62-3....................  valeraldehyde..................   4.41
00620-23-5....................  m-tolualdehyde.................  -0.55
------------------------------------------------------------------------


[62 FR 31266, June 6, 1997]



   Sec. Appendix XVIII to Part 86--Statistical Outlier Identification 

Procedure for Light-Duty Vehicles and Light Light-Duty Trucks Certifying 

                 to the Provisions of Part 86, Subpart R

    Residual normal deviates to indicate outliers are used routinely and 
usefully in analyzing regression data, but suffer theoretical 
deficiencies if statistical significance tests are required. 
Consequently, the procedure for testing for outliers outlined by 
Snedecor and Cochran, 6th ed., Statistical Methods, PP. 157-158, will be 
used. The method will be described generally, then by appropriate 
formulae, and finally a numerical example will be given.
    (a) Linearity is assumed (as in the rest of the deterioration factor 
calculation procedure), and each contaminant is treated separately. The 
procedure is as follows:
    (1) Calculate the deterioration factor regression as usual, and 
determine the largest residual in absolute value. Then recalculate the 
regression with the suspected outlier omitted. From the new regression 
line calculate the residual at the deleted point, denoted as 
(yi - yi'). Obtain a statistic by dividing 
(yi - yi') by the square root of the estimated 
variance of (yi - yi'). Find the tailed 
probability, p, from the t-distribution corresponding to the quotient 
(double-tailed), with n-3 degrees of freedom, with n the original sample 
size.
    (2) This probability, p, assumes the suspected outlier is randomly 
selected, which is not true. Therefore, the outlier will be rejected 
only if 1 - (1-p)\n\ < 0.05.
    (3) The procedure will be repeated for each contaminant individually 
until the above procedure indicates no outliers are present.
    (4) When an outlier is found, the vehicle test-log will be examined. 
If an unusual vehicle malfunction is indicated, data for all 
contaminants at that test-point will be rejected; otherwise, only the 
identified outlier will be omitted in calculating the deterioration 
factor.
    (b) Procedure for the calculation of the t-Statistic for 
Deterioration Data Outlier Test.
    (1) Given a set of n points, (x1, y1), 
(x2. y2) * * * (xn, yn).

Where:

xi is the mileage of the i\th\ data point.
yi is the emission of the i\th\ data point.
Assume model:

y = a + [beta](x - x) + [isin]

    (2)(i) Calculate the regression line.

[ycirc] = a + b(x - x)

    (ii) Suppose the absolute value of the i\th\ residual

(yi - [ycirc]i) is the largest.

    (3)(i) Calculate the regression line with the i\th\ point deleted.

[ycirc]' = a' + b'(x - x)
    (ii)
    [GRAPHIC] [TIFF OMITTED] TR06JN97.004
    
Where:

y1 is the observed suspected outlier.
[ycirc]'i is the predicted value with the suspected outlier 
deleted.
[GRAPHIC] [TIFF OMITTED] TR06JN97.005

(x is calculated without the suspected outlier)

[[Page 626]]

[GRAPHIC] [TIFF OMITTED] TR06JN97.006

    (iii) Find p from the t-statistic table

Where:

p = prob ([verbar]t(n-3) [verbar] = t)
t(n-3) is a t-distributed variable with n-3 degrees of freedom.

    (iv) yi is an outlier if 1-(1-p)\n\ < .05

------------------------------------------------------------------------
                                                                   y -
                      x                           y     [ycirc]  [ycirc]
------------------------------------------------------------------------
8............................................       59    56.14     2.86
6............................................       58    58.17    -0.17
11...........................................       56    53.10     2.90
22 \1\.......................................       53    41.96    11.04
14...........................................       50    50.06    -0.06
17...........................................       45    47.03    -2.03
18...........................................       43    46.01    -3.01
24...........................................       42    39.94     2.06
19...........................................       39    45.00    -6.00
23...........................................       38    40.95    -2.95
26...........................................       30    37.91    -7.91
40...........................................       27    23.73     3.27
------------------------------------------------------------------------
\1\ Suspected outlier.

    (4)(i) Assume model:

y = a + [beta](x - x) + [isin]
y = 45 - 1.013(x - x)

    (ii) Suspected point out of regression:

y = 44.273 - 1.053(x - x)
y = 44.273 - 1.053(22 - 18.727) = 40.827
yi - [ycirc]'i = 12.173
[GRAPHIC] [TIFF OMITTED] TR06JN97.007


[62 FR 31270, June 6, 1997; 62 FR 45289, Aug. 26, 1997, as amended at 63 
FR 987, Jan. 7, 1998]


[[Page 627]]



                              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 629]]



                    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 630]]

      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
    XXXVII  Peace Corps (Parts 3700--3799)

                        Title 3--The President

         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)
      XLVI  Postal Rate Commission (Parts 5600--5699)

[[Page 631]]

     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)
            Subtitle B--Regulations of the Department of 
                Agriculture

[[Page 632]]

         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)
     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)

[[Page 633]]

    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 634]]

                      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 635]]

                 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 636]]

      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 637]]

         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 638]]

      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 639]]

       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 640]]

       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 641]]

        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 642]]

             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 643]]

       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 644]]

                       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 645]]

        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 646]]

        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 647]]

         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 649]]





           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 650]]

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 651]]

  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 652]]

  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 653]]

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 654]]

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 655]]

  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 656]]

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 657]]

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 658]]

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 659]]



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, 2001, 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
86.1213-04 Added....................................................5168
86.1306-07 Added....................................................5168
86.1309-90 Heading and (a)(1) revised...............................5169
86.1310-07 Added....................................................5169
86.1312-2007 Added..................................................5177
86.1313-2004 Added..................................................5178
86.1313-2007 Added..................................................5180
86.1319-90 (e) redesignated as (f); new (e) added...................5181
86.1323-2007 Added..................................................5182
86.1330-90 (a) revised..............................................5184
86.1334-84 (a)(1) and (2) revised...................................5186
86.1337-2007 Added..................................................5186
86.1338-2007 Added..................................................5187
86.1339-90 (h) added................................................5187
86.1360-2007 Heading, (b), (e)(2), (3) and (6)(ii) revised; 
        introductory text added.....................................5188
86.1370-2007 (a), (b)(6) and (d) revised; (b)(5) removed; (b)(7) 
        and (g) added...............................................5188
86.1803-01 Amended..................................................5189
86.1806-05 (b) introductory text, (1) and (l) revised...............5189
86.1807-07 Added....................................................5189
86.1808-07 Added....................................................5190
86.1810-01 Introductory text revised................................5190
    (l)(1) introductory text and (m)(1) introductory text revised; 
eff. 7-12-01.......................................................19309
86.1811-04 (c)(3)(i), (ii) and (e) introductory text revised; 
        (f)(2)(i) amended; eff. 7-12-01............................19309
86.1816-05 (g) revised..............................................5190
86.1816-08 Added....................................................5190
86.1817-08 Added....................................................5192
86.1824-07 Added....................................................5192
86.1829-01 (b)(1)(iii)(B) revised; (b)(1)(iii)(F) added.............5193
    (b)(2)(i) revised; eff. 7-12-01................................19310
86.1835-01 (d) introductory text revised; eff. 7-12-01.............19310
86.1841-01 (e) revised; eff. 7-12-01...............................19310
86.1845-04 (f)(1) revised; eff. 7-12-01............................19310
86.1846-01 (a)(3) revised; eff. 7-12-01............................19310
86.1860-04 (g)(2)(ii) and (h) revised; eff. 7-12-01................19310
86.1861-04 (a)(5) revised; (b)(1) amended; eff. 7-12-01............19311
86.1863-07 Added....................................................5193

                                  2002

40 CFR
                                                                   67 FR
                                                                    Page
Chapter I
86 Authority citation revised......................................72825
86.1105-87 (e) revised; (i) added..................................51477
86.1801-01 (d) revised.............................................72825
86.1811-04 (c)(4)(iv), (6) Table SO4-2 and (f)(4) revised; (f)(7) 
        added......................................................72825
86.1838-01 (b)(1)(i), (ii) and (2)(i) revised......................72826

[[Page 660]]

                                  2003

40 CFR
                                                                   68 FR
                                                                    Page
Chapter I
86.1806-04 Added; eff. 8-18-03.....................................35799
86.1806-05 (h) and (j) revised; eff. 8-18-03.......................35800
86.1806-05 Regulation at 68 FR 35792 withdrawn in part.............48561
86.1808-01 (f) revised; eff. 8-26-03...............................38455
86.1808-07 (a) through (f) revised; eff. 8-26-03...................38461
86.1863-07 (a) and (b) revised; eff. 8-18-03.......................35801

                                  2004

40 CFR
                                                                   69 FR
                                                                    Page
Title 40 Nomenclature change.......................................18803
Chapter I
86.884-14 (a) amended...............................................2441
86.903-93 Revised; eff. 7-12-04....................................26251
86.908-93 (a)(1)(iii) revised; eff. 7-12-04........................26252

                                  2005

40
                                                                  70 CFR
                                                                    Page
Chapter I
86.884-8 (c) introductory text revised.............................40437
86.884-10 (a) introductory text revised............................40437
86.884-12 (c)(2) revised...........................................40437
86.1005-90 (a)(1)(i), (ii), (2)(vi)(A) and (B) revised.............40437
86.1108-87 (a)(1)(i), (ii), (2)(vi)(A) and (B) revised.............40437
86.1213-08 Added...................................................40437
86.1232-96 (n) added...............................................72928
86.1234-96 (g)(3) added............................................72928
86.1301 Redesignated from 86.1301-90 and revised...................40438
86.1301-90 Redesignated as 86.1301.................................40438
86.1304 Redesignated from 86.1304-90 and revised...................40438
86.1304-90 Redesignated as 86.1304.................................40438
86.1305-2010 Added.................................................40438
86.1321-90 (a)(3)(ii) revised......................................40438
86.1321-94 (a)(3)(ii) revised......................................40438
86.1333-2010 Added.................................................40438
86.1360-2007 (b) revised; (c), (e), (h) and (i) removed............40439
86.1362-2007 Added.................................................40439
86.1363-2007 Added.................................................40440
86.1370-2007 (a) revised...........................................40441
86.1375-2007 Added; eff. 8-15-05...................................34619
86.1509-84 (c) and (d) revised.....................................40441
86.1511-84 (a)(1) and (b) revised..................................40441
86.1513-90 Revised.................................................40441
86.1513-94 Revised.................................................40441
86.1514-84 (b) and (c) revised.....................................40441
86.1519-84 Revised.................................................40441
86.1524-84 Revised.................................................40441
86.1530-84 (b) revised.............................................40441
86.1537-84 (c), (e)(6) and (f) revised.............................40441
86.1540-84 (b) and (c) revised.....................................40441
86.1542-84 (a) introductory text revised...........................40441
86.1544-84 (b)(1), (2) and (c) revised.............................40441
86.1708-99 Tables R99-5 and R99-6 revised..........................40442
86.1709-99 (c)(1) introductory text and (e)(2) Table R99-14.2 
        revised....................................................40442
86.1710-99 (c)(8) introductory text revised........................40442
86.1711-99 Heading and (a) revised.................................40442
86.1806-04 (j) revised; (l) added..................................75410
86.1806-05 (h)(3) and (m) added; (j) revised.......................75410
86.1807-07 (h) revised.............................................40442
86.1807-01 (a)(3)(iv), (vii), (c)(1)(iii), (2) and (3) removed; 
        (a)(3)(v), (c)(1) introductory text, (f) and (g) revised; 
        (c)(1)(ii)(C) and (D) added................................72928
86.1808-01 (f)(19)(iii) revised....................................40442
86.1808-07 (g) revised.............................................40443
86.1810-01 (j)(4) and (m) added; (l)(1) introductory text revised; 
        (l)(2)(i), (ii), second (l)(2) and (3) removed.............72928
86.1811-04 (c)(6) Table S04-2 revised..............................40443
86.1816-08 (j)(2) revised..........................................40443
86.1829-01 (b)(2)(iii) added.......................................72929
86.1834-01 (b)(4) introductory text, (6)(ii) introductory text and 
        (D) revised................................................40443
86.1845-01 (c)(5)(ii) revised......................................72929
86.1845-04 (b)(5)(ii) and (c)(5)(ii) revised.......................72929
86.1901--86.1935 (Subpart T) Added; eff. 8-15-05...................34619
86 Appendix I amended..............................................40443

[[Page 661]]

                                  2006

40 CFR
                                                                   71 FR
                                                                    Page
Chapter I
86.602-97 Removed..................................................51487
86.603-97 Removed..................................................51487
86.608-88 Removed..................................................51487
86.608-90 Removed..................................................51487
86.608-96 Removed..................................................51487
86.608-97 Removed..................................................51487
86.609-84 Removed..................................................51487
86.609-96 Removed..................................................51487
86.609-97 Removed..................................................51487
86.610-96 Removed..................................................51487
86.612-84 Removed..................................................51487
86.901 (Subpart J) Revised.........................................51487
86.1002-84 Removed.................................................51487
86.1002-97 Removed.................................................51487
86.1003-97 Removed.................................................51487
86.1008-90 Removed.................................................51487
86.1008-96 Removed.................................................51487
86.1008-97 Removed.................................................51487
86.1009-84 Removed.................................................51487
86.1009-96 Removed.................................................51487
86.1009-97 Removed.................................................51487
86.1010-96 Removed.................................................51487
86.1012-84 Removed.................................................51487
86.1206-90 Removed.................................................51487
86.1207-90 Removed.................................................51487
86.1213-04 Removed.................................................51487
86.1213-90 Removed.................................................51487
86.1213-94 Revised.................................................51487
86.1217-90 Removed.................................................51487
86.1227-90 Removed.................................................51487
86.1230-85 Removed.................................................51487
86.1232-90 Removed.................................................51487
86.1233-90 Removed.................................................51487
86.1235-85 Removed.................................................51487
86.1238-90 Removed.................................................51487
86.1243-90 Removed.................................................51487
86.1306-90 Removed.................................................51487
86.1311-90 Removed.................................................51487
86.1313-91 Removed.................................................51487
86.1314-84 Removed.................................................51487
86.1316-90 Removed.................................................51487
86.1319-84 Removed.................................................51487
86.1321-90 Removed.................................................51487
86.1327-90 Removed.................................................51487
86.1327-94 Removed.................................................51487
86.1330-84 Removed.................................................51487
86.1337-90 Removed.................................................51487
86.1344-90 Removed.................................................51487
86.1360-2007 (c) added.............................................51487
86.1501-90 Removed.................................................51488
86.1504-90 Removed.................................................51488
86.1505-84 Removed.................................................51488
86.1505-90 Removed.................................................51488
86.1506-90 Removed.................................................51488
86.1513-90 Removed.................................................51488
86.1803-01 Amended..................................................2829
86.1804-01 Amended..................................................2829
86.1806-01 (e) introductory text, (f)(2), (3) and (h) revised......51488
86.1806-04 (j) revised.............................................51488
86.1806-05 (j) revised.............................................51488
    (d)(2) revised.................................................78094
86.1811-04 (f)(8) and (p)(5) added.................................16060
86.1817-05 (i)(3)(i) revised........................................2830
86.1823-08 Added....................................................2830
86.1824-08 Added....................................................2834
86.1825-08 Added....................................................2835
86.1826-01 (a) and (b)(3)(iv) revised...............................2836
86.1829-01 (a)(3) and (d)(1) revised................................2836
86.1830-01 (b)(1), (2) and (c)(1) through (4) revised...............2836
86.1831-01 (a)(1) and (b)(1) revised................................2836
86.1838-01 (c)(1) revised...........................................2836
86.1839-01 (b) revised..............................................2836
86.1840-01 (c) and (d) added.......................................51488
86.1841-01 (a)(1) introductory text and (2) revised; (a)(3) 
        removed.....................................................2836
86.1844-01 (d)(4) revised...........................................2837
    (d)(17) added..................................................51489
86.1845-04 (a)(3) revised..........................................78094
86.1846-01 (a)(4) revised..........................................78094
86.2500 (Subpart AA) Removed.......................................24819
86 Appendixes V, VII, VIII and IX added.............................2837

                                  2007

40 CFR
                                                                   72 FR
                                                                    Page
Chapter I
86 Technical correction.............................................6049
86.701-94 (a) revised...............................................8561
86.1803-01 Amended..................................................8561
86.1805-04 (g) added................................................8561
86.1809-10 Added....................................................8561
86.1810-09 Added....................................................8562
86.1811-04 (k)(5)(iv) through (vii) and (q)(1)(vi) through (ix) 
        added.......................................................8562
86.1811-09 Added....................................................8562
    (t)(2) Table S09-5 correctly amended...........................13352
86.1811-10 Added....................................................8564
86.1823-01 (a)(3)(i)(C) revised.....................................8566
86.1827-01 (a)(5) revised...........................................8566
86.1828-10 Added....................................................8566

[[Page 662]]

86.1829-01 (b)(3) revised...........................................8566
86.1844-01 (d)(11) revised..........................................8566
86.1848-10 Added....................................................8567
86.1864-10 Added....................................................8567

                                  2008

40 CFR
                                                                   73 FR
                                                                    Page
Chapter I
86.1305-2010 (b) revised; eff. 7-7-08.......................25194, 37192
    (h) added......................................................59178
86.1333-2010 (d) added; eff. 7-7-08.........................25194, 37192
86.1360-2007 (b)(3) added; eff. 7-7-08......................25194, 37192
86.1362-2007 (d) removed; eff. 7-7-08.......................25194, 37193
86.1362-2010 Added; eff. 7-7-08.............................25194, 37193
86.1363-2007 (a) revised; (g)(1) amended; eff. 7-7-08.......25195, 37193
86.1501 Redesignated from 86.1501-94; eff. 7-7-08...........25196, 37194
86.1501-94 Redesignated as 86.1501; eff. 7-7-08.............25196, 37194
86.1502 Redesignated from 86.1502-84; eff. 7-7-08...........25196, 37194
86.1502-84 Redesignated as 86.1502; eff. 7-7-08.............25196, 37194
86.1503 Redesignated from 86.1503-84; eff. 7-7-08...........25196, 37194
86.1503-84 Redesignated as 86.1503; eff. 7-7-08.............25196, 37194
86.1504-94 Removed; eff. 7-7-08.............................25196, 37194
86.1505 Redesignated from 86.1505-94; eff. 7-7-08...........25196, 37194
86.1505-94 Redesignated as 86.1505; eff. 7-7-08.............25196, 37194
86.1506 Redesignated from 86.1506-94; (b) added; eff. 7-7-08......25196, 
                                                                   37194
86.1506-94 Redesignated as 86.1506; eff. 7-7-08.............25196, 37194
86.1509 Redesignated from 86.1509-84; eff. 7-7-08...........25196, 37194
86.1509-84 Redesignated as 86.1509; eff. 7-7-08.............25196, 37194
86.1511 Redesignated from 86.1511-84; eff. 7-7-08...........25196, 37194
86.1511-84 Redesignated as 86.1511; eff. 7-7-08.............25196, 37194
86.1513 Redesignated from 86.1513-94; eff. 7-7-08...........25196, 37194
86.1513-94 Redesignated as 86.1513; eff. 7-7-08.............25196, 37194
86.1514 Redesignated from 86.1514-84; eff. 7-7-08...........25196, 37194
86.1514-84 Redesignated as 86.1514; eff. 7-7-08.............25196, 37194
86.1516 Redesignated from 86.1516-84; eff. 7-7-08...........25196, 37194
86.1516-84 Redesignated as 86.1516; eff. 7-7-08.............25196, 37194
86.1519 Redesignated from 86.1519-84; eff. 7-7-08...........25196, 37194
86.1519-84 Redesignated as 86.1519; eff. 7-7-08.............25196, 37194
86.1522 Redesignated from 86.1522-84; eff. 7-7-08...........25196, 37194
86.1522-84 Redesignated as 86.1522; eff. 7-7-08.............25196, 37194
86.1524 Redesignated from 86.1524-84; eff. 7-7-08...........25196, 37194
86.1524-84 Redesignated as 86.1524; eff. 7-7-08.............25196, 37194
86.1526 Redesignated from 86.1526-84; eff. 7-7-08...........25196, 37194
86.1526-84 Redesignated as 86.1526; eff. 7-7-08.............25196, 37194
86.1527 Redesignated from 86.1527-84; eff. 7-7-08...........25196, 37194
86.1527-84 Redesignated as 86.1527; eff. 7-7-08.............25196, 37194
86.1530 Redesignated from 86.1530-84; eff. 7-7-08...........25196, 37194
86.1530-84 Redesignated as 86.1530; eff. 7-7-08.............25196, 37194
86.1537 Redesignated from 86.1537-84; eff. 7-7-08...........25196, 37194
86.1537-84 Redesignated as 86.1537; eff. 7-7-08.............25196, 37194
86.1540 Redesignated from 86.1540-84; eff. 7-7-08...........25196, 37194
86.1540-84 Redesignated as 86.1540; eff. 7-7-08.............25196, 37194
86.1542 Redesignated from 86.1542-84; eff. 7-7-08...........25196, 37194
86.1542-84 Redesignated as 86.1542; eff. 7-7-08.............25196, 37194
86.1544 Redesignated from 86.1544-84; eff. 7-7-08...........25196, 37194
86.1544-84 Redesignated as 86.1544; eff. 7-7-08.............25196, 37194
86.1905 (c)(2) revised.............................................13450
86.1912 (a)(3)(v) and (5) added; (a)(4) revised....................13450

[[Page 663]]

86.1930 Introductory text and (a) through (f) redesignated as (a) 
        introductory text and (1) through (6); new (a)(4)(1) and 
        (2) redesignated as (a)(4)(i) and (ii); Heading and new 
        (a) introductory text revised; new (a)(7) and (b) added....13451
86.1935 Revised....................................................13451

                                  2009

   (Regulations published from January 1, 2009, through July 1, 2009)

40 CFR
                                                                   74 FR
                                                                    Page
Chapter I
86.1806-05 Heading, (a)(3), (h) introductory text, (1)(v), (vii), 
        (i) and (j) revised; (h)(2)(iv), (n) and (o) added..........8420
86.1863-07 (b) and (c) revised......................................8423


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